Floods and Water (Amendment etc.) (EU Exit) Regulations 2019

Lord Teverson Excerpts

Tuesday 22nd January 2019 Lords Chamber

[Baroness Byford (Con)]

My Lords, I will add just a couple of things. I thank my noble friend the Minister for so clearly setting out the objectives of these transfer regulations, because that is what we are discussing, while looking to the reports in the future. Like other noble Lords, I look forward to the setting up of the environmental body, because it is key to future regulation and checks and balances on what happens. Clearly, it is not good just to have reports; actions need to follow on from them. That has not quite been touched on today.

I will follow the noble Lord who spoke just now of droughts and the rain position. The Minister will know, because I raised it with him quietly earlier, the difficulty that some farmers are having in drought areas. I refer in particular to the position of Norfolk, which was referred to earlier, and the difficulty that farmers there are having because the Environment Agency is dragging its feet and not getting on with the business of giving answers to questions that are raised. Although it is not clear, because it does not quite fall within the remit of these regulations, it raises another issue altogether. We want to make sure that the various organisations that exist now and which are responsible for making things happen are doing the job that they should be doing. If they are not, who then holds them to account? I think it would be the new environment body, but I worry that if we are not careful, we will have so many different bodies, and at the end of the day, who will be in control of saying yes or no? It should be the Government of the day, but the Government of the day have passed some of these responsibilities on to well-established bodies. Clearly, however, in this case the job is not being done, which is causing immense angst for those who are in business there. Without having those sorts of issues settled on what they can and cannot abstract, in future their businesses will be very much in jeopardy.

[Lord Teverson (LD)]

My Lords, I strongly endorse the comments of the noble Lord, Lord Deben. We had real issues about water quality in the south-west, where I live, before we had the various framework directives, particularly the bathing water directive. Through the action of the European Union and a pressure group called Surfers Against Sewage, we now have fantastic beaches in the south-west.

I intervene because I want to personally thank the noble Lord, Lord Deben. Privatisation of the water industry meant that those improvements could be afforded, which meant that water bills in the south-west, and Cornwall in particular, went up by a huge amount. As a result, I was elected as an MEP for Cornwall, Scilly and Plymouth in 1994. I was one of the first two Liberal Democrats ever to be elected to the European Parliament, so I again thank the noble Lord. Perhaps that was not meant to be the result of that policy decision, but we still have excellent beaches in the south-west, and I encourage everyone to visit them, enjoy them and celebrate the European directive that meant that we could enjoy bathing in the clean waters of the Atlantic in the south-west.

[Lord Judd (Lab)]

I too put on record my congratulations to the noble, Lord, Lord Deben, not for the first time, on his forthright and important intervention. It is not very many years since I remember a glorious summer’s day bathing off Bournemouth and finding myself swimming next to a gigantic turd. I thought that this was too much, and I wrote to the clerk of the council in Bournemouth to register my protest. I could hardly believe it when I received in reply a letter from the clerk saying, “You must understand that this sewage must have come from Poole; it does not come from Bournemouth”. How we have progressed is extraordinary. It would be very unfortunate if we did not place on record our appreciation for all those in the European Union who have worked so hard to produce the legislation and rules which have enabled us to enjoy some of the best beaches in the world.

That did not happen by accident but by a great deal of co-operation and commitment within the European Union. As in other spheres, such as security and so many others, that is crucial to recognise. It is not to overuse the word to say that it is tragic that so few people recognise that in so much of this work, British officials and expertise have played such an important part in developing the policies. We have to reflect on why people with real commitment, insight and expertise found it possible to get us to the state we are in only in the context of Europe. We will, as the noble Lord, Lord Deben, said, have to work very hard not just to sustain what we have inherited but to maintain the dynamism and imagination which have come from Europe.

Recycling

Lord Teverson Excerpts

Tuesday 9th October 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, that is exactly what we wish to do. We wish to accelerate the consistency of what is recycled across England. Of course, we want to learn lessons from other countries where it has gone well, but we are clear that, for our environment and the world environment, we need to reuse and recycle very much more. Some local authorities have very high recycling rates while others have very low ones. We need to work on that because consistency is precisely what will be so important, along with increasing food waste collection.

[Lord Teverson (LD)]

My Lords, while I welcome very much the Government reminding us that landfill has gone down substantially, the real risk in waste disposal is that energy from waste will very soon exceed recycling. When we build energy-from-waste units, should we not make it mandatory to have recycling centres at the front end of that process so that we burn less and recycle more?

[Lord Gardiner of Kimble]

The noble Lord hits upon the waste hierarchy and the importance of reuse and recycling before considering incineration as an energy source—and of course landfill is a very last resort. That is why our ambition is to have zero waste in landfill, and why we all need to work on the circular economy and getting recycling rates much higher across the piece.

Natural Environment and Rural Communities Act 2006 Committee Report

Lord Teverson Excerpts

Monday 2nd July 2018 Lords Chamber

[Lord Teverson (LD)]

My Lords, I make a couple of declarations of interest: I am a director of Anchorwood Developments Ltd and a board member of the Marine Management Organisation. I congratulate the noble Lord, Lord Cameron, on his chairmanship of the committee, on the report and on the excellent work that he has done over the years in this area. It is very good that he took on the role of chairman of the committee, and I thank him.

I had almost forgotten about the Natural Environment and Rural Communities Act, but it was a landmark piece of legislation 12 years ago, followed by the Climate Change Act 2008 and the Marine and Coastal Access Act, which I think was passed the year after that. This trilogy of legislation has been very important for our environment and now is absolutely the right time to consider it again. It is not so much that it is deficient but, as the noble Lord, Lord Cameron, said, time has moved on.

I live in rural Cornwall. We do not feel sorry for ourselves. We are not there as a charity part of the country. We are proud of being rural and believe that we contribute a great deal not just to the national economy but the social fabric of the nation. I was on a Local Government Association working party on the rural economy. A statistic that struck me was that non-metropolitan England had a greater proportion of GDP than metropolitan areas. Clearly, not all of that is rural, but we should be aware that this is not an economic backwater or hinterland.

Some really important messages came from the report. One, as other noble Lords have said, is that government intervention in this area—whether we think that that is good or bad—has declined. The Commission for Rural Communities and the rural advocate disappeared—during the coalition Government, I must say. I dealt regularly with the rural communities policy unit as the predecessor to the right reverend Prelate on the Rural Coalition. They were very committed people in that unit and it was quite effective—perhaps not as effective as the CRC; it did not have the independence, power and research ability—but even that disappeared.

I remember the role of the noble Lord, Lord Cameron, looking at rural proofing some years ago. He brought a number of noble Lords with him to departments—I think it was a Cabinet Office or a No. 10 exercise—to find out what was happening. I was staggered. He managed to keep a straight face, but when he was in front of non-Defra departments, so often there was the response, “What’s rural proofing?”, or, “Yes, I’m sure we do something in that area”, but it was very diluted and unfocused. I was very pleased that the committee came up with recommendations about that.

Rural Britain—rural England—has suffered many pressures recently, and several of them have been recognised. On the subject of rural buses and roads, I was out this morning cycling. I left at 5.46 am. I noticed that all down my very rural road, yellow markings had appeared. I am delighted to say, as a compliment to local government and the Government, that they were to replace potholes with actual surface, which is starting to happen, but only just in time before those roads get even worse.

I was really pleased that the noble Baroness, Lady Warwick, mentioned housing, because rural housing is so important. We have had a crisis, which continues, because of the broadening right-to-buy legislation passed when the Conservative Government took effect post 2010. There is still suspicion by landowners that if they donate land at agricultural value to housing associations, other people will benefit financially in the long term as they come out of affordable housing services.

And, of course, there are Defra budgets. We know that Defra, along with the former DCLG, is always the department hit first in terms of budget cuts. I take the point made by the noble Lord, Lord Rooker, about protecting the Defra family, but when your budgets are cut by some 18% to 20%, you have to streamline your overheads. That, too, leads to a slight undermining of the independence of non-departmental public bodies within that area.

Biodiversity is such an important part of the report. We know that in Britain biodiversity is getting more difficult. We have increasing challenges from climate change. I know that the Minister is very concerned about invasive species—these are all threats to the fabric to our rural communities.

One thing that noble Lords have not mentioned, which I was very pleased to see in the report, was national trails and their funding. These are a fantastic means of access to the countryside, used by so many for tourism and exercise. That access through those national trails is crucial. Are there ways in which, as the report suggests, maybe through sponsorship or other means, we can make sure that what is truly a national treasure—our national trails—are kept?

The report says that certain areas are getting better. We now have a 25-year environmental plan, which is an important strategy, primarily for England. I hope that Scotland and the other devolved authorities will be able to go along with that in a parallel fashion. It is key that that plan has a statutory basis to it as it is developed. I would be interested to hear from the Minister what the next concrete step is to make many of those important aspirations take effect, as that affects rural communities so much.

We have moved on to the concept of natural capital. Dieter Helm, whom I would describe as the Government’s favourite guru, has moved out of energy into natural capital—and they are still digesting his energy report, because he has some big asks there. On the rural side and natural capital, it is excellent, and we all applaud it; but we have to remember, as other noble Lords have said, that those concepts have not really been tested to destruction in any way, and putting values on a number of the areas of the natural environment is very difficult. But we look at that with optimism and hope that it happens.

We have a Secretary of State who champions the environment very strongly—let us be clear about that—and all the areas of biodiversity. I also benefit from having broadband fibre right to my house, which is increasingly permeating rural communities, although I suspect that a number of Members of this House do not have that yet, and probably not in urban areas either. But that is improving.

What we welcome from these Benches is the report’s suggested removal of rural affairs from Defra. As noble Lords have said, the challenges for Defra over the next few years are huge, in terms particularly of Brexit, fisheries legislation, farming and agriculture, along with the environmental area and all those other streams. Some 3,000 pieces of legislation will have to be brought on to the UK statute book. I am sad to say that the track record, as the noble Lord, Lord Cameron, said, shows Defra having not performed and having retreated from this function. It naturally fits within the Ministry of Housing, Communities and Local Government, and clearly needs to go there.

The issue in the report that is most important for our future, on the environmental side, is—as my noble friend Lady Parminter and the noble Lord, Lord Rooker, have said—the need for tough environmental enforcement post Brexit. That is a key challenge. There is zero doubt that government departments take notice of European Commission threats of infraction proceedings in the European Court of Justice, and that has made a very significant difference in terms of our enforcing environmental legislation in the past. We are starting to see that on the clean air side and in other areas as well. We also need to strengthen the biodiversity duty, as has been said.

On rural proofing, from my experience of having accompanied the noble Lord to departments on the issue, I think that that has to be done within the Cabinet Office. That is the natural way for it to go.

On the need for a long-term funding strategy for national trails, that is something that I really appreciate myself, and I know that visitors to the south-west do as well.

This is an excellent report. I hope that the Government will take forward its many and diverse recommendations, which over time, when the consultations finish, could be much strengthened. However, given the governance gap on environmental enforcement, we will need a robust, independent organisation, with teeth, post Brexit—that is absolutely clear.

Transport Emissions in Urban Areas

Lord Teverson Excerpts

Tuesday 22nd May 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, there are many plus points in hybrid cars and I entirely agree that, at this time, they are a very good option. However, with our investment in ultra-low emission vehicles and in more publicly accessible charging points, we are clearly moving towards ensuring that ever more ultra-low emission vehicles are bought.

[Lord Teverson (LD)]

My Lords, the Minister has quoted our position worldwide. However, the fact is that the end of last week the European Commission infracted us for not meeting air quality standards. So we are one of the six dirty half-dozen of Europe for air quality. That is a fact—we would not be going in front of the ECJ if we were not. Commissioner Vella put that down in particular to those six member states being persistent offenders that were in the last chance saloon. Can the Minister say how we can make these strategies, and all the other plans we have, credible, not just to Europe but to our own citizens, to convince them that this time we will perform where in the past we have singularly failed?

[Lord Gardiner of Kimble]

There were a number of points there. We are one of 22 member states reporting exceedances, and there are 12 other countries against which infraction proceedings are carrying on. So this is undoubtedly a problem in many of the developed economies, which is precisely why the £3.5 billion, plus what we are announcing today on particulate matter and ammonia, is all about bearing down on the problem of improving air quality generally. We recognise that it is a great health problem that has a great cost in misery and financially. We wish to address this, and this is what we precisely need to do.

Animal Products: Labelling and Packaging

Lord Teverson Excerpts

Monday 14th May 2018 Lords Chamber

Asked by

[Lord Teverson]

To ask Her Majesty’s Government what action they will take to ensure that the labelling and packaging of animal-derived products does not mislead consumers as to how those animals were reared.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, it is against the law to mislead consumers about any aspect of food. Methods of production for eggs and poultry meat are defined and the use of various assurance schemes helps to identify that animal health and welfare standards have been met. While legal definitions are not in place, information can be given voluntarily and trading standards is responsible for ensuring that this does not mislead.

[Lord Teverson (LD)]

I thank the Minister for his reply. I know he feels the same way as I do on many of these issues, but it is not right that consumers are still misled. The area where that happens the most is illustrations on packaging. Will the Government use the Consumer Protection from Unfair Trading Regulations 2008 to tie down and tighten up these procedures far more? If the Government do not feel that those are sufficient, will they introduce additional measures in their agriculture Bill?

[Lord Gardiner of Kimble]

As your Lordships will know, many of these rules are subject to EU regulation. I am absolutely clear that no produce should be labelled in any way that misleads the consumer. As the noble Lord has said, under the Health and Harmony consultation into the agricultural way forward we have consulted on that, and we are considering whether there are better ways in which labelling could satisfy the consumer better.

Plastic: Recycling

Lord Teverson Excerpts

Wednesday 7th February 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I experience day in, day out the energy of my right honourable friend and we are very grateful for it. Clearly it is important that we undertake research. We want plastic to be reusable and recyclable and for recycling to be understood. That is why, in working with BEIS, Innovate UK, Research Councils and industry, we need to bring forward bids for the Industrial Strategy Challenge Fund so that we can develop more sustainable materials with a lower environmental impact. We are also working, within WRAP’s framework, to ensure greater consistency. Yes, we want to have a common set of materials that are recycled. Working with local authorities we have already made some advances and there are some very good examples of where councils have increased their recycling, some by over 14% in one year—so it can be done.

[Lord Teverson (LD)]

My Lords, my local authority, like many others, recycles plastic but not black plastic, which is a major proportion of all plastic. WRAP, the excellent organisation which the Minister has already referred to, has found a solution to this by changing the pigment that puts in the black colour. As an immediate action, following up the noble Baroness’s reference to energy, will the Government insist that that pigment is changed so that that proportion of plastic can be recycled as well?

[Lord Gardiner of Kimble]

My Lords, industry has certainly been working on this, as has WRAP. Indeed, industry has committed to bringing in by the end of this year the solutions that will enable the sustainable recycling of all black plastic packaging. Waitrose, for example, has decided not to have black plastic but to have other plastic—so industry across the piece is working on this.

Recycling: Chinese Import Ban

Lord Teverson Excerpts

Monday 5th February 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, there is certainly value in waste, and we want to ensure that we have reduced dramatically the amount of waste going to landfill—that is why the landfill tax has been so successful. Interestingly, it is important that we do not put paper, for instance, which creates methane, into landfill; it is far better that that goes for incineration, if necessary, so that we can use it for energy.

[Lord Teverson (LD)]

My Lords, the Government’s 25-year environmental plan promised a waste strategy later this year. Will they take advantage of that and bring forward the target of ending plastic waste by 2042 by a decade or so?

[Lord Gardiner of Kimble]

My Lords, we are extremely ambitious: as your Lordships know, we have some of the strongest arrangements on microbeads, certainly in Europe, if not in the world. We want to go as fast as we can, which is why the resources and waste strategy will be important, and we want to reuse and recycle more.

Environment: 25-year Plan

Lord Teverson Excerpts

Monday 29th January 2018 Lords Chamber

[Lord Teverson (LD)]

My Lords, I draw to the attention of the House my interests as a proud member of the board of the Marine Management Organisation and as a director and chair of a small number of regional development companies in the south-west.

I absolutely agree with the noble Earl, Lord Caithness, that the one area where Brexit should work in particular is around the common agricultural policy and changing issues there. However, it is interesting that we now have a commitment from the Government to keep the area payment system right the way through until 2024—a full six years-plus, which is about a quarter of the 25 years in this environmental plan. So we are perhaps already pushing back some of the action as regards how we move forwards.

I know that the Minister often feels frustrated by many of these environmental debates, which are sometimes initiated by my own EU Select Committee, because we all pile down our concerns and look negatively at these things. I therefore also start by saying that this report and the plan are important. I congratulate the Government on trying to look 25 years ahead, and they have not forgotten marine at all, which is often a side issue. I am particularly pleased that the report talks about the “polluter pays” principle; I hope that will be reflected in the withdrawal Bill in due course. I welcome the move and the commitment to natural methods of flood defence, which is inevitable but which is now being taken on by the Government, as well as, in the marine area, the whole blue-belt issue.

However, the one area I particularly welcome, which comes back to a point made by the noble Lord, Lord Krebs, who is still in his place, is around homes. Although this is primarily a MHCLG area, page 35 of the plan says:

“High environmental standards for all new builds. New homes will be built in a way that reduces demands for water, energy and material resources, improves flood resilience … encourages walking and cycling”,


and it mentions resilient buildings. Yet I remember only too well in July 2015 the Chancellor making a statement and a policy decision at Treasury level—not at the DCLG, I admit—to get rid of the zero-carbon homes targets for 2016. That programme had been worked on by the industry as well as by environmental NGOs and the climate change lobby.

However, two years after that and three years after the announcement, here we are bringing it back. Like the noble Lord, Lord Krebs, I would like confirmation from the Minister that the MHCLG is also committed to doing this, because it requires improved building regulations—regulations, not just aspiration. Once those building regulations are in place—I know this from my role in development—you have to comply with them. You tell your customers or the people you are building for that that is what you are going to do and, as we have seen in the car industry, economies of scale soon bring the cost of the buildings back to where they were before. Therefore, I am very encouraged by that and I hope that the Minister can give further confirmation of it.

The area on which I want to concentrate and which I find particularly interesting is referred to two pages earlier in the report—embedding a net environmental gain principle for developments, including housing and infrastructure. The Minister will probably not be able to go into that a great deal in his reply but I would be very interested to hear more about it. We are now used to plain speaking from Defra and its Ministers, which I welcome, and Defra now has a spring in its step as a department, which is good. However, when reading about this embedding we again see language such as:

“We will seek to embed … We will explore strengthening … and will consult on making this mandatory—including any exemptions … We would expect this should have a net positive impact”,


and those things are delegated to local authorities. This is a hugely important principle. The plan says:

“This will enable housing development without increasing overall burdens on developers”.


One hopes that that is the case but it seems to me to be another “have your cake and eat it” approach. I do not understand how there will not be what would be defined as an increasing burden on developers. They might welcome that if it is mandatory for all developers, but I would be very interested to hear how that goes.

In my last few minutes I would like to talk about the international side. Some Members have mentioned Brexit but Brexit does not apply to the European environment. I would be interested to hear from the Minister how we intend to work with Europe, particularly with regard to invasive species—an area that I know the Minister has championed over the years. How will we co-ordinate environmental policy in the future where we share the environment with all our European neighbours? Will we remain a member of the European Emissions Trading Scheme? It is mentioned in the Climate Change Act. It seems very important and is something that the Government have promoted in the past. Importantly, chemicals are also mentioned in the plan. Will we remain a part of the REACH regime? From the evidence that the sub-committee had, I know that the chemical industry is very keen to remain a part of that.

I have come to the end of my time. I welcome the plan but I can understand some scepticism towards it. I remember the plan first being launched by Liz Truss. We are now two Secretaries of State further on and it is still there, which is good news. However, we have not met our clean air targets—we are still struggling there—and our recycling rates are not what they should be. Our attitude seems to be that it is still too difficult to get recycling up to 65%. So there are a number of areas where we should be cautious.

I shall be interested in hearing the Minister’s comments on something that was mentioned in particular by the noble Lord, Lord Cameron of Dillington: will the Government and not just the enforcement authority be able to make this a much more independent process, as with the Committee on Climate Change? If the Government are really serious about this, then having an independent body that similarly tries to meet targets and gives independent advice will be important in making sure that the Government reach those targets and in future-proofing them beyond whoever happens to be in government—it might even be a Conservative Government—in 25 years’ time.

Plastic Waste

Lord Teverson Excerpts

Tuesday 9th January 2018 Lords Chamber

Asked by

[Lord Teverson]

To ask Her Majesty’s Government what action they are taking following the decision of the Government of China to restrict imports of foreign waste.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, since China’s announcement the Government have raised their concerns on the scope and scale of the restrictions through the EU and WTO. We are working with local government and industry to minimise the impacts on public health and the environment and to assist in assessing alternative markets. We want to improve the quality of materials collected for recycling and reform the producer responsibility scheme for packaging to reduce waste.

[Lord Teverson (LD)]

My Lords, I thank the Minister for his reply and for his longer-term vision. However, the Government have been slow on this. We have a crisis. First, will the Minister guarantee that landfill will not increase significantly in the short term? Secondly, when warehousing or providing greater storage of waste material while we find a market for it, will the Environment Agency and other agencies make sure that pollution locally does not happen and fire hazards are kept to a minimum?

[Lord Gardiner of Kimble]

My Lords, since the Government heard of China’s decision in July, a great deal of work has been done. I can assure your Lordships’ on that. It is clear that the last resort is always landfill. More reuse, recycling and energy recovery in this country is the top priority. Landfill will always be the last resort. The noble Lord is right about the role of the Environment Agency, which is very important. It has been working with key partners and issuing guidance. It is important that the well-being of the environment is the number one priority,

Recycling

Lord Teverson Excerpts

Wednesday 13th December 2017 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, this is why we want to make progress. I was very alarmed to hear that 70% of food and drink waste comes from households. In fact, £700-worth of food is thrown away each year by a family of four, so we all have to try to change some of our behaviour. It is precisely why we need to encourage councils, 50% of which now have a food waste collection service. We are looking for that to increase. We also need to ensure that households no longer buy and throw away 20% of food.

[Lord Teverson (LD)]

My Lords, one of the most successful acts of the coalition Government was the 5p charge on plastic bags, which has reduced the problem considerably. What is the Government’s position on putting a charge on coffee cups, a large number of which are not properly recyclable? That would make a huge difference to our sustainable economy for the future and what we throw away.

[Lord Gardiner of Kimble]

My Lords, the noble Lord is right. We need to work strongly on improving our record in recycling. That is why the Paper Cup Recycling and Recovery Group is examining this matter in much more detail; it is really important to make progress on this. I am very conscious that at Defra we now use half the number of cups that we did in 2013, and I want to do much better than that. This is all work that needs to be done very quickly.