Pesticides (Amendment) (EU Exit) Regulations 2020

Lord Randall of Uxbridge Excerpts

Tuesday 3rd November 2020 Grand Committee

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I take the issue of pesticides and their potential harm to both wildlife and, importantly, human life very seriously. As the noble Lord, Lord Greaves, mentioned, in the recent Agriculture Bill debates in your Lordships’ House we debated and voted on some important amendments that unfortunately were rejected in the other place. I know the noble Lord meant to say that we may return to those matters in the Environment Bill rather than the Agriculture Bill, and I certainly hope we will.

I will make a few comments about these two instruments. In the Pesticides (Amendment) (EU Exit) Regulations 2020 there are many references to the “competent authority” and/or the “agency”. I think the former is the Secretary of State for Defra—although in reality the Secretary of State will of course base his decision on the advice and recommendations provided by the Government’s regulatory body for pesticides, the Chemicals Regulation Division, which itself is part of the Health and Safety Executive—while the agency will most certainly be the CRD.

I will raise some concerns that I have been made aware of, and I would like some reassurance from my noble friend. Considering that sales of pesticides in the UK alone each year are around £627 million, and that reports have put the value of the world pesticides industry at a staggering $58.46 billion and seemingly increasing by the year, this is obviously a very big business with powerful vested and self-serving interests. Understandably, the primary concern of pesticide manufacturers is obviously to protect the sales of their products and related profits, and to keep such pesticides being used.

As I understand it, the CRD receives approximately 60% of its funding from the agrochemical industry, which is broken down into the fees charged to companies for applications and a charge on the UK turnover of pesticide companies. I have some nagging concerns about this. During the debates on the Agriculture Bill in your Lordships’ House, the noble Lord, Lord Whitty, spoke of his own concerns over UK pesticides policy from his experience when he was a Minister at Defra, including the closeness between the government regulators for pesticides and the pesticide companies that they are supposed to regulate.

Having said that, I will return to one specific question regarding the Pesticides (Amendment) (EU Exit) Regulations 2020. I am grateful to the Green Alliance for bringing various matters to my attention; anyone who knows me well will recognise that fine legal scrutiny is not my forte. Regulation 2(2) provides that the requirement to submit supplementary dossiers for the renewal procedure of an active substance no later than 30 months before the expiry of the approval applies only to substances approved for use where the approval expires on or after 12 May 2026. It is not clear why that change has been made. Perhaps my noble friend can elucidate on that question.

Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020

Lord Randall of Uxbridge Excerpts

Tuesday 3rd November 2020 Grand Committee

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I first declare my entry in the register as a vice-president of Fauna and Flora International and other environmental organisations.

It is a pleasure to follow the noble Baroness, Lady Bennett of Manor Castle. She raises some important points about reptiles and other species. CITES is a very powerful tool, but it is not the only thing that should be implemented. I can say without hesitation to the noble Lord, Lord Greaves, that my noble friend the Minister is indeed a champion for the environment and we are very lucky to have him here.

It came as a surprise to me that, post Brexit, there will be separate CITES regimes in Northern Ireland, where EU law will continue to be implemented, and Great Britain, where retained EU law will apply. Perhaps I should have realised that. As we have heard, CITES regulates international trade through a system of documents, including export and import permits, which have to be presented at the border. While no such permits or checks are required for intra-EU trade, CITES permits and checks which were implemented at the EU border will now need to be implemented at the UK border after the end of the transition period. As a result of those separate CITES regimes that will operate in Great Britain and Northern Ireland, permits and checks will be required for moving relevant species between Great Britain and Northern Ireland in both directions.

Regulation 7(2)(a) and (k) remove references to the “committee” and the “scientific review group”. Other parts of the regulations, including Regulations 7(5)(b)(ii)(aa) and 7(5)(c)(ii)(aa), remove requirements to consider the opinion of the scientific review group before the domestic scientific authority can advise on the import of wild species. While the UK will no longer collaborate with other member states in this way, the loss of this collaboration mechanism with other scientific bodies is potentially disappointing. In addition, in certain instances, references to the Scientific Review Group are replaced by references to a “scientific authority”, but in other instances the role of the Scientific Review Group is not replaced.

Regulation 7(9)(a) removes the power for the Secretary of State to prohibit the holding of specimens, in particular live animals. I am a little unclear why this change is being made. Perhaps my noble friend can explain the implications.

Regulation 7(15)(b) removes the role of an enforcement group of representatives of each member state’s authorities with a responsibility for ensuring the implementation of the provisions of Council Regulation 338/97. While the UK will no longer work with other member states to this end, the idea of an enforcement group is welcome and has not been replaced by any proposal for a domestic body, such as a body with a representative from each of the four devolved Administrations.

Regulation 7(17)(b) removes the requirement for sanctions for breach of Council Regulation 338/97 to include provisions relating to the seizure and, where appropriate, confiscation of specimens. I am unclear why this change is being made.

Overall, I would like some reassurance that the regulations will in no way be to the detriment of enforcing CITES in these islands.

Burning of Peat Moorlands

Lord Randall of Uxbridge Excerpts

Wednesday 14th October 2020 Lords Chamber

Asked by

[Lord Randall of Uxbridge]

To ask Her Majesty’s Government, further to the report by the Committee on Climate Change Land use: Policies for a Net Zero UK, published on 23 January, what plans they have to end rotational burning of peat moorlands.

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, the Government have always been clear on the need to phase out the rotational burning of protected blanket bog to conserve these vulnerable habitats, and we are looking at how legislation could achieve that. However, real progress is being made in promoting sustainable alternatives. We have urged landowners to adopt those alternatives and to continue to work with us constructively.

[Lord Randall of Uxbridge (Con) [V]]

I thank my noble friend for his Answer and draw attention to my environmental entries in the register. I recognise that there is no consensus about this issue, so can my noble friend tell us what the scientific advice from his department is about this matter?

[Lord Goldsmith of Richmond Park (Con)]

My noble friend is right that there is much debate around the issue. That debate has prompted a great deal of research, particularly over the last decade. The Government have kept abreast of all the latest scientific evidence to inform our policy approach. However, overall, the evidence shows that the burning on blanket bog is detrimental as it moves the bog away from its original wet state and risks vulnerable peat bogs being converted to drier heathland habitat. Defra’s view is therefore that ending burning on protected deep peat is the best approach for achieving habitat restoration and maximising the full suite of ecosystem benefits that would arise.

Nagorno-Karabakh

Lord Randall of Uxbridge Excerpts

Wednesday 7th October 2020 Lords Chamber

[Lord Randall of Uxbridge (Con) [V]]

My Lords, what assessment, if any, have Her Majesty’s Government made of a potential increase in terrorist recruitment or activity as a result of this dangerous instability in the area?

[Baroness Sugg (Con)]

My Lords, we are of course working to ensure that external partners do not escalate this issue further. We call on all external partners to help bring about the peace that we need to see.

Schools: Great British September Clean

Lord Randall of Uxbridge Excerpts

Thursday 24th September 2020 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

On the second point, consultations are more often than not a statutory requirement, but on the broader point, the Government absolutely agree that the emphasis should be shifted as far as possible on to producers. As noble Lords will know, we are introducing extended producer responsibility through our legislation, and that means making those producers pay the full lifetime costs of collecting and managing packaging when it becomes waste. But we also want to encourage businesses to design and use packaging that is easily recyclable, and these reforms will complement the introduction of a tax on plastic packaging that does not contain at least 30% recycled content.

[Lord Randall of Uxbridge (Con) [V]]

Does my noble friend agree that apart from parental behaviour, role models are an excellent way of encouraging young people to have a positive attitude to litter? Have Her Majesty’s Government been able to enlist sports or other celebrity personalities to engage with the campaigns?

[Lord Goldsmith of Richmond Park (Con) [V]]

That is an extremely important question and I am afraid that I can only partially answer it. However, the Government, having taken the steps they have and planned future steps, are providing something of a role model. We have reduced the annual sales of single-use carrier bags by over 7 billion through the 5p charge. We introduced a world-leading ban on microbeads in rinse-off personal care products. We are introducing a ban on the supply of plastic straws, cotton buds and stirrers. Our Environment Bill takes that much further. On the international stage, we are among the biggest contributors in the world to tackling the scourge of plastic pollution in our oceans. But I take my noble friend’s question on board and will get back to him.

Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020

Lord Randall of Uxbridge Excerpts

Friday 10th July 2020 Lords Chamber

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I wholeheartedly welcome these regulations, which I am sure would have been implemented earlier had it not been for the Covid-19 pandemic. I have found that the vast majority of the public is very supportive of measures to reduce plastic pollution, and that support ranges across all age groups and, indeed, businesses. I am sure that the forthcoming Environment Bill will offer further opportunities to continue on this path, particularly with the deposit return scheme, which we have been awaiting eagerly. I believe that the Government have taken appropriate consideration of those needing exemptions, particularly in relation to plastic straws, and I am very pleased that they are doing it in a way that will not stigmatise those who have to use them. I also know that manufacturers are working flat out to produce a suitable non-plastic straw for use when attached to a drinks container. There is a lot more to do to deal with the scourge of avoidable single-use plastics, but these regulations are another welcome step in the fight to save the environment.

Global Human Rights Sanctions Regime

Lord Randall of Uxbridge Excerpts

Wednesday 8th July 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, first, I pay tribute to the noble Lord. He and I have often had long discussions about the importance of having such a regime. In paying tribute to the likes of Sergei Magnitsky, who ultimately paid with his life, I also pay tribute to the noble Lord for the work that he does within the human rights field. He asks specifically about China and Hong Kong. I am sure he will accept that I cannot speculate on who might be designated under the sanctions regime in the future. But as I have repeatedly said as Human Rights Minister, we have on many occasions set out deep concerns about human rights violations in both Xinjiang and Hong Kong. Most recently, we had a campaign with 27 countries backing our statement at the Human Rights Council on 30 June.

[Lord Randall of Uxbridge (Con) [V]]

Her Majesty’s Government must be warmly congratulated on these measures. My noble friend has given such extensive replies to previous questions that I think he has already answered mine. However, can he reassure me that we will continue to work with other countries to ensure that those who commit human rights abuses will be held to account for their actions?

[Lord Ahmad of Wimbledon]

I can certainly give that full assurance to my noble friend.

Hong Kong: Human Rights

Lord Randall of Uxbridge Excerpts

Thursday 4th June 2020 Lords Chamber

[Lord Randall of Uxbridge (Con)]

My Lords, this is patently a very serious moment, both for the people of Hong Kong and of course more widely for many people and countries throughout the world. I completely support Her Majesty’s Government in the statements they have made, as it is of the utmost importance that democracy and human rights are upheld in Hong Kong. This has to be achieved with as many other countries as possible around the world.

I want to raise two important events that are coming up where China has a crucial role. I hope the Chinese Government recognise that that role and influence worldwide will be tarnished if matters are not resolved satisfactorily in Hong Kong. The Convention on Biological Diversity, due to be held in Kunming later this year—although I am not sure whether it will go ahead on time—is somewhere where the great strides forward in protecting and enhancing biodiversity in China could be highlighted and showcased. They have created vast new wetlands and offered enhanced protection to wildlife in the country, which is to be applauded. The COP in 2021 in Glasgow is another opportunity to show China that it is a key player in the future of our planet. What is Her Majesty’s Government’s view of the prospects for those two events at the moment?

[The Deputy Speaker (Lord Alderdice) (LD)]

I call the noble Lord, Lord Luce. The noble Lord is not responding. I therefore call the noble Lord, Lord Rennard.

Air Quality and Emissions

Lord Randall of Uxbridge Excerpts

Tuesday 19th May 2020 Lords Chamber

[Lord Goldsmith of Richmond Park]

The aviation sector has taken a pounding, not surprisingly, as a consequence of the coronavirus and travel bans around the world. It is not clear to anyone yet what the sector will look like as it emerges.

In relation to Heathrow expansion specifically, the test has always been that it would need to be reconciled with air quality targets that this country must abide by. Given that this Government are introducing an Environment Bill which includes a duty on the Secretary of State to set very high standards in relation to our air quality, that hurdle—in my view and in the Government’s view—is extremely high.

[Lord Randall of Uxbridge (Con)]

What measures does my noble friend envisage can be introduced now so that we do not return to the bad old days of high levels of pollution of the air we breathe?

[Lord Goldsmith of Richmond Park]

This is a huge question and one not just for the Department for the Environment but across the whole of government. We have to ensure that in many respects we are able bank some of the improvements that we have seen in air pollution. To support the expansion of alternatives to public transport, particularly for the 40% or so of commuters whose journey is less than three miles, we have announced a wide package of measures, including £2 billion for cycling and walking, accelerated work on the introduction of e-scooters—which is very good news—and the deployment of tech expertise to help people avoid congested travel routes. We will provide £2 billion of funding for active travel, which I believe is the largest-ever commitment by any Government to help transform the manner in which we travel.

Queen’s Speech

Lord Randall of Uxbridge Excerpts

Tuesday 15th October 2019 Lords Chamber

[Lord Randall of Uxbridge (Con)]

My Lords, this is the second opportunity I have had to address the Chamber and, given that I was prevented from being controversial on the first one, you never know what might occur. It is a great privilege to follow the noble Lord, Lord Hylton, and to listen to his exposé of the situation, one that he is right to raise. As someone who studied Serbo-Croat in what was then Yugoslavia, I can remember being incredibly surprised to see how quickly an established state can dissolve into the appalling warfare that we saw and the horrendous barbarism that took place. We must never take any of these things for granted.

It has also been a great pleasure to hear the speeches of two of my former colleagues from the other place, something I have not done for some time. I can remember that, when I was a newly appointed Whip on the Bench, we had a St David’s Day debate in which the noble Lord, Lord Wigley, spoke. Listening to the oratory of the Welsh is an experience that I always enjoy. While I cannot say that I always agree with the noble Lord, I could listen to him for ever.

I have also always enjoyed listening to my noble friend Lord Cormack. He is a fount of great wisdom—so he tells me. No, he is indeed. I take his words on Russia very seriously. Before the annexation of Crimea, I was briefly the chairman of the All-Party Group on Russia and was trying to get some degree of co-operation, but I am afraid that ended in the way it did. At the current time I do not see much opportunity, but I entirely agree with my noble friend about cultural relations being a good way forward—as indeed, of course, is sport.

I have to apologise that I missed some of the speeches because I was upstairs. The register will show that I am the vice-chairman of the trustees of the Human Trafficking Foundation. One of my fellow trustees is the noble and learned Baroness, Lady Butler-Sloss, and noble Lords will realise that missing that is worse than voting against a three-line Whip.

I noticed two things in the gracious Speech with regard to modern slavery. One was encouraging: the Bill cracking down on foreign criminals. There are still too many people involved in trafficking coming backwards and forwards. I hope we will find out what will happen at the borders following our departure from the European Union. Although people generally regard freedom of movement as a good thing, elements of it have been bad. The other thing I noted was an omission, because I hoped—although I was not holding out much hope—that the Government would announce they were going to take over my noble friend Lord McColl’s Bill on victims and victim support. That will have to be for another time.

The noble Lord, Lord Anderson, spoke about changing opinions. I am not a risk-taker by nature. If I ask a financial adviser and he or she recommends the option of getting a very small percentage return or potentially a bigger return but with an element of risk, I will always go for the low-return, no-risk option. My main concern, when confronted with how to vote in the referendum, was environmental standards. As I hope noble Lords will find in due course, that is probably my main interest. I thought leaving the EU would probably result in a loss of environmental standards, so by and large I was a remainer.

The one thing that I and many fellow environmentalists, particularly conservationists, were concerned about was the common agricultural policy. That was the one thing you could point to in the EU that, by and large, was not a good thing for nature. On balance, as I say, I voted to remain. However, my concerns—you might say my cynicism—seemed to be somewhat unfounded.

I declare an interest: I was working in No. 10 as the environmental adviser to the former Prime Minister, alongside the Secretary of State for Environment, Food and Rural Affairs, when the 25-year environment plan was announced by Theresa May at the Wetland Centre in Barnes. There was nervousness over whether this was just another announcement and whether it would be followed up by any legislation. That is why I am delighted to see that the promised Environment Bill not only is happening but is a lot tougher, if you like, than certain members of the then Cabinet were hoping to get through.

In actual fact, a lot of areas are really good. We will have legally binding targets, nature recovery networks and the inclusion of climate in the remit of the office for environmental protection. We will have to see how independent that office is—I am sure we will have discussions in this House and down the other end about that—and there is a question about fines, but these are all matters for another time.

I was also pleased to see that the Government are bringing back the Animal Welfare (Sentencing) Bill, which I was sorry to see had not been carried over. It is one of those rare areas in which there is consensus—and we all know that consensus is something we want to see—between the Countryside Alliance and the League Against Cruel Sports. That is something that does not happen on too regular a basis, although I think it is also the case on illegal hare coursing.

I am, though, an optimist. Although I can get quite concerned about the state of our politics over the last few years—I look with despair sometimes at what has been going on—I am sure that, whatever the result, the British people will get on with whatever is given to them. I agree with the noble Lord, Lord Desai: I tend to think that no means no. Although I understand all the other arguments that people have made and the myths, I think we would have a bigger problem if we did not maintain what was voted for. I also say to the noble Lord who was talking about myths—this is a personal thing—that I get a little frustrated with the expression “the People’s Vote”. I just wonder who voted last time—was it the badgers?—because those were people too. I think that is a marketing ploy to try to encourage people by saying that this is the proper vote.

I have some concerns. I am delighted that the Government are giving an assurance to EU citizens about living here, and I hope the Government will continue to urge all other states to guarantee the same for our UK citizens, who I know are living in a very nervous limbo at this time. That really should be sorted out.

Talking to a lot of people, no longer as a politician but as a general member of the public, one thing that I am sure of is that most people want this Parliament to get on and sort something out. They want to get on with the things that matter to them. The gracious Speech mentioned many of those. As I said, the state of the environment is what keeps me awake. Climate change is the obvious and paramount issue. My noble friend the Minister mentioned the hosting of the COP in Glasgow next year. I rather hope that that will be when the Government announce—this is where the controversy will come in—the scrapping of Heathrow expansion. Expansion is entirely incompatible with our aims to reduce our carbon emissions. The Environment Bill mentions air quality and water. Water extraction is another big issue. These are all very important issues that we will have to deal with, but it is a good start.

Some commentators and some in the Chamber today have said that this is a list that is probably an election manifesto because an election will come sooner rather than later. With regard to most of the Bills coming forward—certainly the Environment Bill, the Animal Welfare (Sentencing) Bill and others—I cannot believe that a Government of any colour would not wish to introduce them. The fact that they have been mentioned in the gracious Speech should be encouragement to us all that they will happen.

Like many of my friends and neighbours, I pray that the Brexit situation is resolved sooner rather than later. To me, it is a game of Russian roulette and we know how that ends. One side or the other, if they do not compromise, will be very disappointed. But this is a good way forward. I am delighted to be here because the standard of debate seems to be worth coming up here for.