Incidental Flooding and Coastal Erosion (England) Order 2011

Lord Teverson Excerpts

Monday 17th October 2011 Grand Committee

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

My Lords, Sections 38 and 39 of the Flood and Water Management Act 2010 allow the Environment Agency, local authorities and internal drainage boards to carry out works to manage flooding; coastal erosion or water levels for the benefit of nature conservation, including the conservation of the landscape); and the preservation of cultural heritage or peoples’ enjoyment of the environment or cultural heritage.

These powers were required because the definition of flood and coastal erosion risk management in Part 1 of the Act empowers authorities only to undertake measures to reduce the harmful effects of flooding or erosion; whereas some of the work that is required for environmental and recreational purposes involves the management of flooding, water levels and erosion to gain the beneficial effects of those processes.

Sections 38(8) and 39(12), commenced on 18 January this year, require the Minister to make an order applying the provisions of compensation, powers of entry and compulsory purchase in the Water Resources Act 1991 to Sections 38 and 39 of the Flood and Water Management Act, with or without modifications.

The purpose of the order is twofold: first, to protect the rights of occupiers and property owners who could be affected; and, secondly, to ensure that authorities have the necessary ancillary provisions. The order works by applying relevant provisions in the Water Resources Act 1991 with appropriate textual modifications to Sections 38 and 39 of the Flood and Water Management Act. However, it is important to understand that the provisions of the Water Resources Act are not amended by this order. I will now outline how each of the provisions will work and why they are necessary.

First, the order applies the compensation provisions in the Water Resources Act so that if any loss is suffered as a result of the use of powers under Sections 38 or 39, the relevant authority would be liable fully to compensate the injured party. This is necessary to protect the interests of landowners and occupiers. Before any work was undertaken, all necessary permissions and consents, such as planning permission, would need to be secured. Compensation would then be paid for any loss caused in the course of carrying out the work. Sums would be calculated on a case-by-case basis. If the person affected was not satisfied with the compensation offered, they could appeal to the Upper Tribunal.

Secondly, powers of entry are necessary to provide safeguards for landowners and occupier as well as for the authority, when an operator needs to undertake work on a third party’s land. The local authority or Environment Agency would write to the landowner or occupier notifying him of its intention to enter land. The notification would explain the nature and timing of the works and the entitlement to compensation in the event that any loss is suffered. The order requires a minimum notice period of seven days before entering agricultural land. This is a modification of how provisions in the Water Resources Act apply to Sections 38 and 39 of the Flood and Water Management Act. It makes the minimum notice period for agricultural land the same as that required for residential premises.

Compulsory purchase powers are needed so that an authority can, when necessary, obtain proprietary interests in land in order to protect its investment and ensure that works can be maintained. Powers of compulsory purchase can be exercised only with the express authority of the Minister. In all cases, the authority or agency would try to purchase by agreement before seeking ministerial authority to exercise its powers. The Environment Agency’s powers of compulsory purchase are limited in this order to purchases necessary for the purpose of enabling the United Kingdom to comply with its obligations under specified European directives—the water framework directive, the habitats directive or the wild birds directive.

Landowners and occupiers have rights under the Acquisition of Land Act 1981 to oppose the compulsory purchase. This includes provision for a public local inquiry, which may decide whether or not to allow the purchase or modify any particulars. If a landowner is still not satisfied, he may challenge the decision in the High Court.

I commend the draft regulations to the Grand Committee.

[Lord Teverson]

My Lords, I congratulate the Minister on his appointment. I know that that has been done on the Floor of the House by the various Benches, but I wanted to add my personal congratulations. It was an excellent appointment. I am sure that the good work that the noble Lord, Lord Taylor, has done will continue.

The Explanatory Memorandum refers to the Pitt review. Given that this is a short session, it would be useful to hear just of couple of headlines on how the Government view the Pitt review and whether they foresee any primary legislation coming forward in that area in due course.

The order makes a lot of sense, because it is clear that certain flooding is good for the environment. If flooding was prevented, there would be environmental and ecological degradation. Given that Sections 38 and 39 of the Flood and Water Management Act 2010 can be implemented only in relation to the powers of compensation, access and compulsory purchase, is the Minister satisfied that the right balance has been struck between there being a heavy responsibility on the authorities to undertake this work and the power of the landowner?

[Lord Knight of Weymouth]

My Lords, I thank the noble Lord, Lord Taylor of Holbeach, for the clarity with which he set out the order. That was most helpful given that it is very difficult to get any clarity from reading it. That is why we have an Explanatory Memorandum—I thank the Minister’s officials for the clarity with which that has been set out. I also congratulate the Government on listening to the concerns expressed by the National Farmers Union and the Country Landowners Association in bringing forward the order, which I certainly support.

Like the noble Lord, Lord Teverson, I was interested in paragraph 7.6, on consolidation, in the Explanatory Memorandum. I would be interested in any news on when that consolidation of the Act might happen in response to the Pitt review.

I tried to work out the taxpayer liability from the impact assessment. I understand that a notional 100 hectares is being discussed in the Explanatory Memorandum because it is difficult to predict how much land will be affected by erosion. Am I right in calculating that 100 hectares—the equivalent of one square kilometre—would generate a cost of £2,000 per annum, or have I misread the way the sums work? With that question, I am very happy for the order to go forward.

Draft National Policy Statement for Waste Water

Lord Teverson Excerpts

Tuesday 5th April 2011 Grand Committee

[Lord Teverson]

My Lords, as everybody else seems to be hesitating, I shall just make a couple of comments. I thank my noble friend the Minister for his introduction to this debate. First, it is interesting that the documents and the draft statement include and spend time on two particular projects: Deephams and the Thames Tunnel project, both of which are most important to waste water issues in the capital and need to move forward quickly. I should like to hear from the Minister whether there are other schemes. How often are such schemes likely to come up? I think that the cut-off point is a project serving around 500,000 people, but I would be interested to know how frequently the department sees such projects as being likely to come along.

I should also like to understand, through this statement and in being able to get on with these projects, whether the infraction proceedings by the commission, which I think have already started, will be met. Will the commission then see the actions being taken as sufficient at least to stall those proceedings, so that UK taxpayers do not have to pay any fines for contravention of the urban waste water directive? I was particularly interested to see on page 3 of the document, in paragraph 112, that the Thames Tunnel project, important though it is to the capital, does not meet the thresholds contained in the Planning Act. If that were laid down in primary legislation, I do not, therefore, understand how the Government could remove the matter from local planning issues and put it to the current planning commission. Under what powers are the Government able to do that?

However, I certainly welcome this statement. Waste water is an important issue. With continued flooding and development, it will be an even more important issue for the future. It is good to see that the Government have a comprehensive strategy for this, to ensure that decisions can be made in the proper way.

Adapting to Climate Change: EU Agriculture and Forestry (EUC Report)

Lord Teverson Excerpts

Thursday 24th March 2011 Lords Chamber

[Lord Teverson]

My Lords, unlike the noble Lord, Lord Giddens, I will speak more about mitigation. However, I must agree with him, after that very serious and penetrating speech, about how important adaptation is. If we do not make sure that our agricultural systems and crops are far more robust than they are at the moment, there will be a real problem in food security globally, especially in Europe, in the future.

The thing that I liked about this report was that it brought focus on to the agricultural sector. I am someone who gets particularly involved in issues of mitigation. I can never really understand why, effectively, mitigation is in DECC and adaptation is in Defra. It seems to split an important policy area, but we should not get into that in this debate. Agriculture does not come over very strongly; it is a theme that is sometimes, but not often, recognised. The steel, aluminium, cement and aviation industries get top billing, and we often forget about agriculture and forestry altogether. Why is that wrong?

I am very glad that this report highlights why it is wrong. First, agriculture accounts for around 14 per cent of global greenhouse gas emissions. In Europe, as the report points out, it accounts for almost 10 per cent—9 per cent, I think. In the UK, the figure is 7 per cent. However, I ask myself: if 7 per cent of greenhouse gas emissions in the UK are from agriculture, what proportion of GDP comes from agriculture in the UK? It is close to 1 per cent. Perhaps that is an unfair comparison and ratio, but here we have an industry that, as a percentage, contributes seven times more to greenhouse gas emissions than to national product. For all those reasons, this is an important sector.

This is further highlighted in the report by figures that I found quite staggering. Nitrous oxide is, as the report says, 300 times more lethal as a greenhouse gas than CO₂, but in agriculture accounts for some two-thirds of emissions. Agriculture accounts for almost half the emissions of methane, which I thought was 70 times more potent than CO₂ but the report says is somewhat less so. That means that this sector is important, and it is one that I ask the committee to keep focusing on in the future. It is one of which we should take a great deal of notice.

However, that is as nothing compared with forestry. When one looks at forestry on a global scale—as the noble Lord, Lord Giddens, said, climate change knows no boundaries—one sees 30 million acres of deforestation per annum creating more greenhouse gases than motor vehicle and truck emissions worldwide. It varies between 15 and 20 per cent, depending on the rate of deforestation in any one year. The sector is crucial for the rate of global warming in future. I will return to the relevance of this for Europe, which has already deforested most of its land surface. However, in a small but perhaps quite important way, it could perform better and reforest more.

Another area of mitigation that worries me—again, it relates to points made by the noble Lord, Lord Giddens—is that agriculture plays an important role even in Europe with biomass and biofuels. It has been disappointing that after the introduction of regulations such as the renewable transport fuel obligation, and the enthusiasm for biofuels, we had a very negative analysis of the sector which reversed the view about whether it could help with climate change mitigation. I urge the Government to stick with making sure that we get the sustainability criteria right for biofuels, so that we do not throw away this opportunity for the advancement of the agricultural sector in terms of mitigation of climate change by saying that it is too difficult or controversial. As we have already heard in the debate, whether it is algae or growing biomass in areas where it is not grown at present, we have a great opportunity. We in Europe should not give that away, nor rely on imports from the rest of the world.

I come back to the strength that Europe can have—and has had in Cancun—because of its status in the negotiations on the reduction of emissions through deforestation and forest degradation. Europe is crucial to enabling that programme to succeed, both because of its political leverage and through its financial contributions to making sure that that will become possible. It is one of the most crucial short-term programmes that we have to make a significant difference to climate change. What is the current state of negotiations on this part of the United Nations procedures? The Government have taken a lead in this area, but do they feel that Europe is putting sufficient emphasis on global deforestation to make sure that it is kept high on the agenda? I know that there has been movement in this area, whereas in others there has not. It depresses me that Europe, after the Lisbon treaty, still has pillars in the agricultural sector and in the common agricultural policy. We got rid of them in justice, home affairs, the CFSP and other areas, but we still have them in agricultural policy.

Something in the report that I liked is the idea of the carbon contract and carbon compliance. This is fundamental to reform of the common agricultural policy. Will the Minister and the UK Government champion this concept when considering where the CAP should go in future?

This is an excellent report. I hope that there will be renewed focus on this area, and I look forward to the Minister's responses on the crucial issue of the management of our climate for the future.

Flooding: Cornwall

Lord Teverson Excerpts

Wednesday 24th November 2010 Lords Chamber

[Lord Henley]

My Lords, I do not accept the noble Lord’s first point. Environment Agency teams were out there before the floods happened, clearing out streams and culverts and doing all that they could to make sure that things were mitigated as far as possible. Sadly, the weather was so extreme that these measures were not able to cope with what happened. Something of the order of one and a half inches—that is 38.8 millimetres, if the noble Lord prefers that measure—of rain fell in one hour and, quite frankly, what was in place could not cope with that. I do not accept what the noble Lord said about cuts. We will be spending something of the order of £2.1 billion on flooding and coastal erosion over the next four years, which is only a very small reduction on the previous four years.

[Lord Teverson]

My Lords, I echo the Minister’s congratulations to people in Cornwall. A couple of properties within a quarter of a mile of my house were under five feet of water. Given that Cornwall abuts the Atlantic, the south-westerlies and the fact that these occurrences will happen more frequently, will the Government undertake a dialogue with councils in the south-west, particularly in Cornwall, to put in place more permanent arrangements for dealing with these incidents in the future?

[Lord Henley]

I accept my noble friend’s point that these things are likely to happen more frequently as a result of climate change. We will continue to talk with local authorities and all others, which is why today we have made an announcement about our response to the Pitt review and the new approach that should be followed to deal with floods and the danger of floods. We will look at new approaches to allow more schemes to go ahead that will attract money not only from the Government, through the Environment Agency, but from all other sectors.

Subsidiarity Assessment: Food Distribution (EUC Report)

Lord Teverson Excerpts

Wednesday 3rd November 2010 Lords Chamber

[Lord Teverson]

My Lords, I remember when the UK last participated in this scheme because I benefited from it. Before I receive commiserations from noble Lords, it was not because I was a poor member of the public who received the unfrozen butter that came out of cold stores in the south-west, but because I was a Member of the European Parliament representing Cornwall and Plymouth and it was a fantastic photo opportunity around Christmas time, when these schemes, whether at European or UK level, strangely came out. I was able to do a press release, and I was reported in the press as securing the south-west’s share of this bounty from the European Union. Unfortunately, I was not pictured distributing our share as Father Christmas, but it was a good wheeze then.

Things were very different at that time. There were surpluses within the common agricultural policy, and rather than export them and destroy the third world’s farming populations, we instead decided to try to save some of our own populations from poverty and starvation at Christmas, which I suppose was not a bad objective. Despite being one of the most pro-European Members of this House, I would say that one of the most important things about Europe is that it knows its limits. Certainly, even when I was a Member of the European Parliament, I voted against things like the working time directive and the drinking water directive, not necessarily because I was against them but because they were things that the European Union should not have been involved in. They should have been left to the member states, which were best placed to decide what was right for them. There is no better example of that than this regulation which is being discussed at European level. I should be very interested to hear from the Minister as to where those negotiations have got to.

I raise one other question, which perhaps is more to do with the administration of the House. Perhaps the noble Lord, Lord Roper, can inform me as to whether he believes that we now have procedures in the House suitable to ensure that whenever an issue such as this comes up again—exercising our judgment in terms of the yellow card procedure—we can do this quickly enough so that we can raise support among other national Parliaments within the European Union to make sure that our message is heard. I am disappointed that it is just the Swedes who are following our example—that is not a good sign—but I do not commiserate at all with the Members of the European Parliament in the UK this Christmas who will not have the opportunity that I had back in 1994.

[Baroness Howarth of Breckland]

My Lords, I declare an interest as new girl on Sub-Committee D, although I have spent a number of years on Sub-Committee G and on the Select Committee. One of the other things I have done in my life is to look at institutions and large organisations. One of the cultural problems of institutions is the difficulty they have in moving forward when times change. That is particularly so when there is no check on personnel or financial commitment. It is even more difficult to make organisations change when the issue looks like “a good thing”, such as this one; the distribution of food products to the most deprived persons in the Union. For someone like me from a social care background, that looks like a good thing. However, as we have heard, the programme began at a time when the excess of food stocks was purchased into public stores under the old common agricultural policy scheme and the temptation to continue the intervention into the affairs of member states by purchasing food from markets for distribution through the EU food programme is almost irresistible, certainly for those committed to work within the Commission.

However, as I said, having spent some years as chair of Sub-Committee G, and now as a member of this committee, I am more than aware of the danger of the Commission moving into areas best served by member states themselves. In Sub-Committee G, we were constantly on the alert for encroachments into health and consumer issues. I spent more than one afternoon thinking about the working time directive. Not to be misunderstood, I am a committed European. There is much we can do as a community to further the lives and interests of our citizens. Food safety and security are clearly such areas close to this debate, where the wider community can and does add value, but some things are not only the right and responsibility of member states, but are local within that state. The distribution of food to poor citizens is one of these.

Tim Lang, professor of food policy at the City University, defines food poverty in the UK as follows:

“Food poverty is worse diet, worse access, worse health, higher percentage of income on food and less choice from a restricted range of foods. Above all food poverty is about less or almost no consumption of fruit & vegetables”.

Other factors include access to a range of healthy foods in local shops, transport, fear of crime, knowledge about what constitutes a healthy diet and the skills to create healthy meals. Is that really an issue for Brussels?

For many years, I was a member of the board of the Food Standards Agency, the independent department set up to protect public health and consumer interests in relation to food. The FSA runs the annual Dame Sheila McKechnie awards for community food groups. I have seen at first hand what local action on food can achieve. Community food projects work to tackle food poverty in their local areas, giving the power of choice and change back to local communities. Projects include food co-ops, community cafes, cooking and nutrition programmes, and courses, markets, breakfast or lunch clubs, school tuck shops, peer training and any project which improves people’s access to healthy, affordable and sustainable food. It is about as local as local action gets.

Community food mapping can identify where food poverty exists. The technique uses local people’s knowledge to map food availability in a specific area. The results can be combined with data from other organisations, such as local authorities, the NHS and business—again, all local. The results can then be used to implement solutions to food poverty by designing initiatives tailored to those local needs.

One example is the North East Food Access Network, which is,

“a network of organisations and individuals promoting access to fresh, affordable, sustainable and culturally appropriate food in the North East region. It is a forum for the exchange of information and advice between projects and networks in the region. It aims to have an influential regional ‘voice’ on addressing the issues of ‘good food’ access for all in the North East and seeks to develop a co-ordinated regional approach to work around food and health”.

At times of austerity, such projects as these are vital to the life of local communities. Certainly, they could use more funding. One of my questions to the Minister is about how local community groups are going to be supported in the future. That would be of great value if it came direct without the added expense that must be involved in the Commission buying goods on the open market for redistribution, which, in addition, can easily distort the markets.

If we are to convince our citizens of the benefits of Europe, rather than it being seen just as an additional drain on the nation’s purse, we should focus EU efforts where they bring best value and doing those things that sovereign states cannot achieve alone. Food networks are local, direct and know their communities. They are not overbureaucratic and, consequently, are flexible in responding to need. Above all, they are transparent. We should leave them uncluttered by intervention by the Commission, however well intended. After all, we know that this kind of centralisation by any institution leads to more money being spent on staff to make assessments to decide on criteria, more forms, applications to be vetted, assurance schemes to prevent fraud and so on.

I would conclude that not only does there appear to be no compelling argument to suggest that the Union is better placed than member states to ensure a food supply to its most deprived citizens, it appears to me that to do so would divert resources from those in non-governmental bodies who do it so well. I support the Motion to issue a reasoned opinion.

Energy: Large Combustion Plant Directive

Lord Teverson Excerpts

Tuesday 20th July 2010 Lords Chamber

[Lord Henley]

My Lords, I cannot confirm the noble Lord’s figure; I would not accept that it will be as high as 25 per cent by 2015. I accept that a number of plants are so dirty in their emissions that they will have to close in due course, but I can confirm that other generating capacity is coming on stream in time to replace those that will close.

[Lord Teverson]

My Lords, does the Minister—my noble friend the Minister—

[Noble Lords]

Oh!

[Lord Teverson]

Absolutely. Does my noble friend agree that by the directive we reduce important pollution—sulphur dioxide and nitrous oxides—and that that is a good thing? When will the coalition Government bring forward the emission performance standards for power stations, which will also rid us of some of our carbon dioxide?

[Lord Henley]

My Lords, I can confirm exactly what my noble friend said: by the directive, we will be reducing by quite large amounts the sulphur dioxide, the nitrogen oxides and the dust emissions which can be harmful to both human health and the environment. That can only be a good thing. As I said in answer to the first supplementary question, we also hope to have other capacity on stream to deal with the plants that are closing.

Queen's Speech

Lord Teverson Excerpts

Wednesday 2nd June 2010 Lords Chamber

[Lord Teverson]

My Lords, I also congratulate the noble Baroness, Lady Wilcox, on her appointment to the Government. When we were both sitting on the opposite side of the House, with the same portfolio, we agreed on many things, as indeed did much of the House. I look forward to that co-operation continuing, if with slightly different departmental interests. I am also delighted to be the third speaker from Cornwall on this debate.

One of the things that came through strongly in the initial coalition agreement when negotiations took place between the Conservatives and the Liberal Democrats was the detailed manifesto and list of points on energy and climate change issues, which are what I shall concentrate on today. That was extremely important as a joint agenda for this coalition Government. It was certainly reflected again in the formal coalition agreement that was published by the Government a week later and in the gracious Speech we heard last week.

I particularly welcome the energy security and green economy Bill. That includes at least three of the things that several of us from both sides of the House tried to achieve during the last couple of years of the last Government. First, there is a big move forward in energy savings. Again, I remind the House that just under half of carbon dioxide emissions are due to heating, and that we have in the Bill a large move forward to make sure that energy efficiency is much improved in domestic and business premises. That, with the green deal generally and the green investment bank, is a way of moving that agenda forward at last. It is good for improving fuel poverty, carbon emissions and energy security. I very much welcome it, although I look forward to seeing the details of what will be a large sum needed to convert our historic building stock into a much more energy-efficient estate. That will be quite a challenge in times of financial straitjackets and difficulty.

I also particularly like something that we debated during the last Energy Bill—that is, the emissions performance standards of power stations. At last we have bitten the bullet and we are there; we are going to bring that forward. It is an excellent advance and one that I look forward to debating and supporting in this House when the Bill comes through. Also in that area, we have the green bank and not just smart meters, which are already in the pipeline, but a smart grid. That is absolutely vital when we still rely so much in the renewable area on intermittent technologies. I hope that, under the Government’s programme, anaerobic digestion will come through. That is less intermittent and can help very much with heating.

Also important, though stressed less in the gracious Speech, was the mention of climate change and the conference in Mexico later this year. There are huge challenges in that area. We cannot forget that Copenhagen was—particularly for Europe, but also for the world in general—a failure. It was a deep failure to perform and find a way forward in this important area. The Government are right to emphasise that. I wait with interest to hear how we will tackle that, both as a nation and as Europe, to make sure that there is a positive result. Again, I welcome generally the indication that we will move forward as Europe to a 30 per cent offer if we can keep it on the table. That should be something that we strive for.

There are many other good things in the coalition programme, such as charging points for electric vehicles, no third runway for Heathrow and the high-speed rail network, which I am sure my noble friend Lord Bradshaw will talk about as well. What I hope most of all is that a tradition I came very much to welcome in the House during the term of the last Government—that of general consensus-building on climate change around the whole of the House—will continue over this parliamentary Session.

How do I sum up? The best words are those of the new Green MP, Caroline Lucas, who stated that the Queen’s Speech was, on the environment, “pretty half-hearted”. For the Green Party, that is praise indeed.