Net Zero Strategy and Heat and Buildings Strategy

Lord Whitty Excerpts

Wednesday 20th October 2021 Lords Chamber

[Lord Callanan (Con)]

The decision was made by what was then the Ministry of Housing, Communities and Local Government that the future homes standard would kick in in 2025. There is a long process of consultation to go through with industry to ensure that the standard is applicable, that the supply chain is there, and so on. The right reverend Prelate will be pleased to know that we are changing what is called Part L of the building regulations next year. This will also produce substantial carbon savings in advance of the future homes standard coming in in 2025.

[Lord Whitty (Lab)]

My Lords, I thank the Minister for answering a question I asked a few weeks ago, to which he did not then really reply. I asked when the owners and landlords of buildings and housing will know whether hydrogen is to be the basis for what is currently the gas network. In one place, the document says that it will be “in” 2026, and in another it says “by” 2026. Either way, building owners have five years during which they will not know whether or not their heating systems can be transferred to hydrogen. The Minister is tonight deeply sceptical about whether we would have enough hydrogen, given its other uses, as earmarked in this document, and the need for an increased production in hydrogen for transport and industry. Can the Minister go further and indicate whether any buildings or housing will be convertible from natural gas to hydrogen, or whether some buildings in areas of industrial hydrogen use could be transferred to it? There are three scenarios, varying from nil hydrogen for home heating to it being used for something like a third of home heating by 2050. Will this mix now take place? Do we have to wait till 2026 for any sort of answer to this question?

[Lord Callanan (Con)]

I would like to give the noble Lord a direct answer: it is genuinely impossible to say, at the moment. Let me explain why. It is clear that hydrogen will play a major role in our economy. It will probably contribute to some heating, but I have given my view based on current technology. It is perfectly possible to use hydrogen for heating and gas boilers; the technology exists now—I have seen it. Two houses have been built our area—for the benefit of the right reverend Prelate—of Gateshead—which are entirely hydrogen-fuelled. They have hydrogen boilers, hydrogen hobs and hydrogen gas fires. They work perfectly well — I have cooked an egg on a hydrogen hob.

The question is where we get the hydrogen from. There are two ways of producing it: either from natural gas through carbon capture storage for blue hydrogen, or through electrolysis to produce green hydrogen. You then have to ask yourself the question: does it make sense to use green electricity to generate hydrogen to heat homes, or is it more sensible just to use electricity in the first place to heat the home through a heat pump? That is a question about thermodynamics and conversion and there will be different solutions in different places.

We can say with certainty that the future of home heating will almost certainly be taken over by three technologies: electrification through heat pumps; a greater use of heat networks, for which we have allocated funding; and a certain percentage from hydrogen. The reason we have announced our hydrogen strategy, are funding lots of research programmes and are consulting on a market mechanism to generate large amounts of hydrogen is to try to kick-start the market—to get it going and to bring in private sector investment and ingenuity. This will help to generate large amounts of hydrogen—cheaply, we hope. But we do not yet know to what extent the technology will develop, how much we will be able to produce at reasonable cost, and whether it will be suitable for use in home heating or whether it will be more sensible to use it in industrial processes. We have a multi-pronged strategy. As soon as we have more information, I will be sure to update the noble Lord.

Shortages: Protection for the Vulnerable

Lord Whitty Excerpts

Wednesday 20th October 2021 Lords Chamber

[Lord Whitty (Lab)]

My Lords, I declare an interest in that I chaired a commission on vulnerable consumers of energy, two or three years ago. The industry has taken on some of the recommendations; Ofgem and the Government have taken on rather fewer. Does the Minister not recognise that the way Ofgem has licensed over 100 new competitors without any requirement that they look after vulnerable consumers has caused distress and the kind of fuel poverty that has already been raised? Over 100 licences have been given. Competition benefits consumers, but it has to be accompanied by resilience and reliability. Will the Government and Ofgem look at this again?

[Lord Callanan (Con)]

Of course, we always keep these matters under review, but to a certain extent the noble Lord answered his own question: competition is good for the consumer, and the extent and array of competition in the energy market has produced lower prices for many consumers. Obviously, in a competitive market, particularly with the recent spikes, some companies will go to the wall, but there are protections in place for those consumers under the follow-up process that I talked about with the noble Lord, Lord Grantchester. But of course we always keep these matters under review.

Status of Workers Bill [HL]

Lord Whitty Excerpts

2nd reading
Friday 10th September 2021 Lords Chamber

[Lord Whitty (Lab)]

My Lords, I strongly support this Bill and, slightly to my surprise, I agree with almost every word the noble Lord, Lord Blencathra, just said. That indicates the recognition of the injustice and confusion that the present situation causes.

First, like the noble Lord, Lord Blencathra, I strongly refute the suggestions that the complexities of defining what is clearly a worker simply reflect or facilitate changes in the labour market or, alternatively, changes in technology or worker expectation. There is absolutely no reason why the gig economy, the digitalisation of so many jobs or changes in standard hour expectations and flexibility requirements of individual workers in companies should require multiple definitions of what a worker is and multiple statuses of what they are entitled to. An individual usually sells their labour subject to the direction of a single employer. An individual may have multiple clients, but there is usually a de facto employer and a de jure employer, whether that is a stand-alone company or an agency. Those workers should, therefore, have the same rights and protections, and indeed the same access to employment tribunals.

Secondly, this Bill discriminates between workers who are essentially in the same situation. Its prime purpose is to resolve that anomaly, discrimination and injustice—and, indeed, that confusion for employers and the courts. The distinction between “employee” and “worker” must be abolished. In terms of protection and entitlement, there should be no distinction.

But that is the easy part. As my noble friend says, there is also the situation of certain agency workers and, particularly, of bogus self-employment. Whether you work for a single employer, several employers, an agency, a labour-only subcontractor or a gangmaster, you should have equivalent rights as a worker—or as an employee, as in the current situation. Whether you are a traditional bogus self-employed person like many in the construction industry used to be, on the lump, a single-client owner-driver or a new-fangled self-employed person in the gig economy, you all deserve the same equivalent protection and rights. The Uber cases clarified some of this; this Bill, I hope, generalises it. But I also hope that it will go further in practice. It will clarify the law and make it easier and more straightforward for employers. Frankly, it will also allow more equitable raising of taxation, thereby helping the Government in their current difficulties.

Bogus self-employment undermines not only workers but the genuine self-employed—and, indeed, the tax authorities. The proposed “dependent contractor” would not really clarify that issue. Most of those who might be so designated are workers by any other test and should be entitled to the full rights.

Finally, to make the Bill work and to ensure that all workers in the economy, however they are currently designated, have similar rights and expectations, we need proper enforcement. One of the problems of the labour market in this country is that there are multiple agencies responsible for different parts of different sectors and different aspects of the employment situation. They range from obvious agencies such as the HSE and the gangmasters licensing authority—I was the Minister who set that up—right through to the Pensions Regulator and the DVLA for drivers. We need a fully fledged employment inspectorate backed by an employment tribunal which should be free at the point of access.

I hope that the Bill goes through its subsequent stages and passes, but I also hope that it is accompanied by a rationalisation and an increasing effectiveness of the enforcement aspect.

Hydrogen Economy

Lord Whitty Excerpts

Monday 19th July 2021 Lords Chamber

[Lord Callanan (Con)]

The noble Lord is quite right: it will be a considerable challenge. Meeting our 2030 ambition for 5 gigawatts of low-carbon hydrogen production will indeed require rapid and significant ramp-up. The forthcoming hydrogen strategy will ensure that the necessary regulation, policies and incentive mechanisms are put in place across the 2020s to lay the foundation for the economy that he highlights.

[Lord Whitty (Lab) [V]]

My Lords, in the absence of a hydrogen office or the proposed heat and buildings strategy, and given that so-called hydrogen-ready replacement boilers are already being marketed, is it the Government’s current view that for the majority of host households currently dependent on gas for heating, some form of hydrogen-based gas heating will be the most likely longer-term future; or will other constraints on the production of green hydrogen mean that priority is given to heavy industry and transport, so that hydrogen for heating will probably be available only in the close vicinity of hydrogen-using industrial hubs?

[Lord Callanan (Con)]

The noble Lord makes some good points, but the reality is that we do not yet know what the best make-up for heating will be further into the coming decades. It will likely be a mix of fuel pumps, hydrogen heating and heat networks.

Climate Change: Targets

Lord Whitty Excerpts

Thursday 27th May 2021 Grand Committee

[Lord Whitty (Lab) [V]]

My Lords, I have been impressed by many of the preparations for COP 26, but I am also struck by the fact that the policies and strategies of the Government, and of most individual departments, do not seem to reflect that priority; nor did the recent Budget; nor does the legislative programme for this parliamentary Session. The drafts of those Bills which we have seen so far do not do so either, including the supposed flagship in this context of the Environment Bill itself.

Like the noble Baroness, Lady Sheehan, I will focus on MHCLG and the so-called reform of planning. The noble Baroness emphasised the national planning statements, but it is also true that, currently, individual development proposals do not have to have mandatory net-carbon reduction criteria. Yet building construction, demolition and subsequent building use, if taken together, add up to nearly 40% of all emissions.

Developers propose schemes that do not have net-zero objectives or even an assessment of the greenhouse gas effects; the same is true of biodiversity. Local planning authorities increasingly nod through schemes whose carbon effect has not been properly assessed, let alone whether they would create a net reduction. The contribution to net zero should be written into all planning legislation and planning procedures, decisions and appeals. At the moment, it is a very low priority.

The big developers and big housebuilders favour demolition and rebuild over retrofit and refurbish, which is usually more environmentally sensible. The materials they use for much new build and rebuild are steel, glass and a lot of plastics. The glass, steel, concrete and hydrocarbon manufacturing processes take a lot of heat, most of which is currently based on fossil fuels. None of that is weighed in the assessment of major development projects. I could say the same about the building regulations from the department. My main point is that we need a powerful, concerted, cross-Whitehall structure to ensure that saving the planet is indeed a priority for all Whitehall departments and for the country as a whole.

Net-Zero Carbon Emissions

Lord Whitty Excerpts

Wednesday 21st April 2021 Grand Committee

[Lord Whitty (Lab) [V]]

My Lords, I start with some congratulations. I first congratulate the noble Lord, Lord Teverson, on picking out this debate and on his masterly coverage of the issues in his opening statement. This is a vital point; we need to make sure that government not only is not prone to complacency—as has been the case hitherto—but is getting itself into a position where it is capable of delivering what it promises and its stated intentions. I also briefly congratulate the Government, who yesterday produced on paper a pretty coherent response to the Climate Change Committee’s latest carbon budget, increasing the ambition of the timescale for delivery of our pathway to net zero.

That was positive. It was also positive that, for the first time, they included figures for the UK’s contribution to the cost of shipping and aviation, which the British economy imposes on international transportation. As the noble Lord, Lord Teverson, asked, however, where are the means of delivery? We have already failed—or are likely to fail—to meet the previous CCC carbon budget, and there is no reason to think that the Government are in better shape to deliver on the subsequent stages. The work of the Climate Change Committee has been vital. It has spelled out across the board what we need to do nationally, locally and internationally. Everybody—apart from a few climate change deniers, whom we still have in this House—has agreed that this is a good and clear road map. In theory, so it is, but it is the practice to which the noble Lord, Lord Teverson, has drawn to our attention.

I draw the same conclusion as the noble Lord, Lord Teverson. We need in charge of this process a senior Minister at least equivalent in status to the Chancellor of the Exchequer. The appointment of Alok Sharma, capable man though he is, is not what I mean. I mean someone who has command over other departments, whose name resounds around Whitehall, and who can give a lead to other parts of the public and private sector.

We also need to engage all departments in a high-level Cabinet committee, probably led by that same Minister, if not the Prime Minister himself. In different circumstances, I might have suggested the Prime Minister, but I am not entirely sure that, in the present circumstances, that would be wise. We need somebody specifically focused on this task. Again, as the noble Lord, Lord Teverson, says, the departments largely in charge of delivery at the moment are not particularly highly rated within Whitehall or, indeed, in the country as a whole. Moreover, their climate change commitments are only part of their responsibilities, so BEIS’s responsibility for climate change is often swamped by its industrial and energy responsibilities. Even Defra, which is still in charge of mitigation and various other aspects of climate change, is swamped by rural and agricultural requirements. They are not departments that can deliver. We need a new department for climate change.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, I apologise to the noble Lord, Lord Whitty. There is a Division in the Chamber, so we shall adjourn for five minutes.

--- Later in debate ---

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, the Grand Committee will now resume and I invite the noble Lord, Lord Whitty, to continue his speech.

[Lord Whitty (Lab) [V]]

I apologise for the interruption; I have slightly lost my place. My original intention in looking at this was to go through all 10 points of the Prime Minister’s commitment to creating a green industrial society and strategy. That was probably too much and, in any case, the noble Lord, Lord Teverson, has already covered a few of them.

However, under each point, it is clear that is not just central government and a particular department that is responsible for delivery, but a whole range of departments; that was pretty clear from what the noble Lord, Lord Teverson, said about transport, buildings and so forth. Even the things that appear to be the purview of one department are affected by the position of other departments. Take the first: quadrupling offshore wind power. This involves BEIS, obviously, as the sponsoring department in energy policy, but we are proposing quadrupling wind power, which means that we will have to bring more of that power ashore. It means that the current situation, where individual turbines in arrays have their own point of contact to the shoreline, will increase a hundredfold if we allow every single instance of a turbine in an array to have its own point of contact. That is ridiculous.

We need to ensure that there is a network at sea before we bring it on land so that we reduce those hundreds of points to a few score. That requires planning permission from the local authority; environmental controls from the Environment Agency; and Defra and the marine authorities to look at the effects on marine life and fisheries. And all that needs to be brought together to deliver what seems to be a simple quadrupling of what has been a very successful commitment to offshore wind.

The same will apply in other areas, even in nuclear power, which seems very much a central, single government interest. That will also require huge commitments on the environmental, planning and construction side. It will require an integration of the delivery of new nuclear power with other aspects of the delivery of greener energy and heating, such as the creation of hydrogen and, indeed, carbon capture and storage.

I have decided not to go through all 10 points so I will not do so. However, in addition to the changes in central government that the noble Lord referred to, as have I, we will need local government to become more coherent, we need relations between the central Administration and the devolved Administrations to work more effectively on this, and we will need to ensure that there is clarity in reporting to Parliament.

That is my last point. I was a member of the Joint Committee of the House of Commons which preceded the Climate Change Act 2008. I now seem to have gone full circle: as of last week, I have become a member of the Lords new Committee on Environment and Climate Change, and I am very grateful to your Lordships for putting me there. However, some things have not improved, and cohesion in government is one of them. If that is not achieved by government itself, perhaps parliamentary pressure through our committees and the Commons committees will ensure that the fine words and the very clear policy direction is delivered by an interlocking and clear commitment from government. The clear strategy, some of which was announced yesterday, the fine words, the individual commitments, and the fact that we have most of business and much of the public on side, will not deliver of itself. It would be a serious problem if we were to screw all this up due to institutional inflexibility and a lack of interlocking government.

I support this Motion and I hope the Government take serious notice of what has been said.

Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021

Lord Whitty Excerpts

Tuesday 13th April 2021 Grand Committee

[Lord Whitty (Lab) [V]]

My Lords, I thank the Minister for these regulations, given that Brexit means that we are no longer party to the EU recording of emissions for Kyoto registry purposes.

I have three questions, two operational and one rather fundamental. First, can the Minister assure the House that this methodology for calculating greenhouse gas emissions will not be changed unilaterally by the UK and that, in terms of trends, we will be compatible with both past reported trends for the UK and the EU system of reporting, as well as simply meeting the requirements of the Kyoto registry?

Secondly, while the figures in this log will not determine what allowances can be traded in the new post- Brexit UK emissions trading scheme, can I assume that they will be compatible with it?

Thirdly, and more strategically, do the Government recognise that the methodology of determining individual nations’ contributions to greenhouse gas emissions, taken on its own, is fundamentally misleading? It reflects reduction within the national emissions’ geographical boundaries, not the national demand generated by that nation’s society and economy, which would produce a very different impact on global emissions. For example, the UK final demand will include demand for imports, in the production of which greenhouse gases will have been emitted in China, say, or on the high seas or in the air, in transporting them to the final user or consumer. The global total will be the same, but the relative contribution of each nation to that total will be radically different, and the implied policy priority for each nation will therefore also be radically different. To put it crudely, if countries such as the UK and the United States, or companies in those countries, in effect offshore or export their dependency on greenhouse gas emissions by shifting production to the Far East, it is our economy, our final user and our supply chains whose behaviour needs to be addressed, rather than, or as well as, those of the Far Eastern nations.

This, then, is an issue that the Kyoto mechanisms and registry need to address. I do not say we do not need this production-based data—we absolutely do—but it needs to be augmented by a parallel index analysing, as best we can, the carbon-equivalent content of each nation’s final demand. Production-based data is important and we need to keep it, but we also need demand-based data. Do the Government recognise this as a priority and, if so, is it an issue that will be discussed at the forthcoming COP 26 later this year, when the Government will be in a highly influential position to get the nations of the world to agree to work on a parallel system of demand-based greenhouse gas figures, as well as the figures covered in the regulations today?

Energy White Paper

Lord Whitty Excerpts

Wednesday 16th December 2020 Lords Chamber

[Lord Callanan (Con)]

The noble Lord asks some very pertinent questions on the back-up detail and some of the graphs provided in the White Paper. I think it would be a more productive use of the House’s time if I wrote to him with the details he requests.

[Lord Whitty (Lab) [V]]

My Lords, I welcome the fact that we now have a strategy, but, on domestic heating, how do the Government plan to engage with the 23 million households currently supplied by gas, whose boilers, appliances and radiators will need to be retrofitted in double-quick time? What is the Government’s approximate timetable for the key decisions that will be required on the development of green hydrogen production and the introduction of hydrogen-based grids?

[Lord Callanan (Con)]

Like a number of other contributors, the noble Lord points out the importance of hydrogen. It is a potential key option for decarbonising heating, but it also needs to be looked at alongside the potential for heat pumps, heat networks, et cetera. We are developing all these options simultaneously, ensuring that we have the best available option for consumers and preparing the ground for the strategic decisions on these areas that will need to be made in the mid-2020s. On hydrogen heating, as I said, we are supporting a range of research, development and testing projects designed to help determine the feasibility of using low-carbon hydrogen as an alternative to the use of natural gas for heating. However, these are long-term decisions. We will publish the heat and buildings strategy next year. If the noble Lord is a bit patient, he will see the hydrogen strategy in the new year as well.

United Kingdom Internal Market Bill

Lord Whitty Excerpts

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Monday 23rd November 2020 Lords Chamber

[Lord Whitty (Lab) [V]]

My Lords, I added my name to the amendment tabled by the noble Baroness, Lady Boycott. She has made most of the points that I was going to make, so I will be reasonably brief.

If there is any area that should override the assertion of a single UK market, particularly on mutual recognition, it must be the ability of each of the jurisdictions to go faster on our environmental commitments, particularly on the horrendously difficult task of meeting our carbon and greenhouse gas emissions targets and adapting to climate change. That is the key point in this amendment.

Northern Ireland is in a different situation, since it will still be within the single market of the EU, but if, for example, the Welsh or Scottish Governments wished to go faster in limiting carbon emissions or providing alternative energy sources, and that required specific legislation within those areas, then it would be perverse for the provisions of this Bill and UK internal market rules to prevent that. There are other environmental issues—the noble Baroness, Lady Boycott, has referred to single-use plastics, which are clogging up many ecological habitats and having an effect on biodiversity and on the oceans—which might perhaps also be areas of exception.

However, my main point is on climate change. At present, the Bill does not recognise the prime importance of going faster—and, if necessary, going faster in one part of the United Kingdom than another—to achieve our climate change aims. At present, the Bill allows legitimate interests for health and pest control. These are important issues, but not as important as climate change. This single-issue amendment ought to be written into the Bill. We need a race to the top in environmental standards, not to enforce a race to stick to the bottom.

The proper functioning of the framework agreements would probably provide some way of resolving any conflict on these issues, but without framework agreements being referred to in this Bill, we need something such as the new clause that we are proposing here. As my noble friend Lord Hain said on the previous amendment, by keeping the Bill as it is, we are acting in a more rigid and top-down way than the EU single market.

Climate change needs a particular reference in this Bill, and this is the easiest way to do it in this section. I strongly support it being written in.

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

My Lords, I will speak briefly to Amendment 23, in the name of the noble Baroness, Lady Boycott, to which I was pleased to add my name. We have just heard from the noble Lord, Lord Whitty, who has also signed it, and he put his finger on the case for this amendment, as did the noble Baroness herself.

As the noble Baroness, Lady Boycott, said, this amendment would ensure that there is a derogation from the market access principles of mutual recognition and non-discrimination which would allow all four UK nations to put in place proportionate measures to protect the environment and tackle climate change. I echo completely what she and the noble Lord, Lord Whitty, said. We do not need to emphasise the crisis that we are facing with climate change and the environment. It is the big issue of our time.

There are concerns that without this derogation there is a potential for stifling innovation, as there will be no incentive for a nation to set higher environmental standards for goods given that it will have to sell goods from the other three nations which may have been produced to a lower standard. I make no apology for repeating the example of a possible consequence if we do not include this amendment, and I want my noble friend the Minister to put my mind at rest on this.

A potential ban on peat for horticultural purposes is a good example, and something that I have been campaigning on for some time. It is an issue that affects climate change and biodiversity. If any of our four UK nations decided to ban the sale of peat for horticulture due to its impacts on biodiversity and emissions, and to preserve our precious peat bogs, what would that mean for another part of the UK that had, at that time, decided not to go down that line? Can my noble friend confirm that, as I read the Bill as currently drafted, the far-sighted nation that decided to ban peat would still have to sell peat from elsewhere in the UK? I am no expert on this, so can my noble friend the Minister also clarify what the situation was while we were still within the EU? I have often heard that one of the advantages of leaving the EU was being able to do exactly what we wanted.

I use that as an example, but I could have given a number of other similar scenarios, such as single-use plastics. I know well from my time as a special adviser to the previous Prime Minister that the devolved countries do not always move at the same speed on environmental measures. I do not want their ambitions to be stifled, however accidentally.

I do not want to detain your Lordships over this excessively, as we have heard already from several others, but I will just say this: without insurance, I regard this as a very serious flaw in the Bill.

United Kingdom Internal Market Bill

Lord Whitty Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Wednesday 18th November 2020 Lords Chamber

[Baroness Bowles of Berkhamsted (LD) [V]]

My Lords, I support the general thrust of all the amendments in this group, and I have added my name to Amendments 10 and 21, which relate to goods. I should also have put my name to the services amendments, because both I and my group support those as well.

As was debated in Committee, we already worked under a more generalised public policy, legitimate aim regime while in the EU, and, as the noble Lord, Lord Anderson, said, that provided safety valves, which have now been taken away. In Committee, the Minister argued that the UK internal market was different, and for some reason that meant that it needed to be narrower. I cannot understand why—perhaps because we are closer together—we have to have fewer freedoms because we have left the EU. Therefore, I agree entirely with the drafters of the amendments that there are many more legitimate aims that need to be spelled out.

Realistically, differences will not be introduced into the market without a lot of thought. As my noble friend Lady Humphreys said in Committee, Wales is a good size to experiment with. The noble Lord, Lord Young, gave examples of various nations progressing at different speeds. Differences will survive only when they are practical and when matters of good public policy all deal with specific problems within a particular area, but they should be allowed to be put to a proper test and should not be undermined from the start by immediate get-arounds.

These are important amendments, and I hope that the Government will consider carefully why it is necessary for the Bill to undermine the freedoms currently enjoyed. That is not how Brexit was advertised, whether you were for or against it.

[Lord Whitty (Lab) [V]]

My Lords, I have added my name to Amendment 11, in the name of the noble Baroness, Lady Boycott. She has her name down to speak later but has indicated to me that, because of other appointments, she might not be able to make it. She has therefore asked me to say a few words—more than I might otherwise have done.

I recognise that the amendment in the name of my noble friend Lord Stevenson lists a number of public interest exceptions that should be put into the Bill. There are good arguments for many or all of them, but surely, in this crisis period for our climate and our natural environment, the protection of the environment must be seen as an exception. It is one where, for example, the Welsh Government could take a lead, with different regulations on, for example, air quality limits, pollution in rivers, noise and dangerous chemicals that are tighter than those adopted by the UK, or English, Government.

The noble Lords, Lord Anderson and Lord Young, have both set out examples of where the devolved Administrations have indeed taken that lead. If the Government oppose long lists, they ought at least to accept a short list of environmental protections, because they are speaking with forked tongues on this. We have had that today with the 10-point plan for a long-term strategic approach to a green economy. We have had the green industrial recovery plan and commitments made for houses to be fuelled entirely by offshore wind. We have also had big commitments to green spaces and other environmental objectives. And, of course, the Government are trying to impress the world—rightly now—on our commitment when we take over to lead the COP 26 in Glasgow next year.

However, we also know that, historically, free trade is regarded as being breached when environmental protection regulations have been opposed by the WTO and in free trade agreements around the world. There is a global change in attitude towards this, and indeed to some of the WTO rules, but it would be absolutely absurd if, to preserve an internal market within the United Kingdom, we prevented progress on environmental protection by the devolved Administrations or by England alone in the name of having complete and absolute internal market access rather than mutual recognition of different requirements.

If a regulation, a tax process or a planning approach that preserves environmental protection aims is to be regarded as a barrier to trade in our internal market, we are going against the trend of the whole of the rest of government policy and actually going against what is a rather slow but nevertheless clear intent of how world trade will have to be conducted in the age of the Paris climate agreement and the need to reduce carbon and greenhouse gas emissions. If there is one public interest limitation, surely it ought to be environmental protection, and that is what would be provided by the amendment in the name of the noble Baroness, Lady Boycott, which is also signed by myself and the noble Lord, Lord Randall.

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

My Lords, it is a pleasure to follow the noble Lord, Lord Whitty. I too want to speak in support of Amendment 11, in the name of the noble Baroness, Lady Boycott, which I was pleased to add my name to. We have just heard from the noble Lord, Lord Whitty, who also signed the amendment and has astutely and eloquently put the case for it.

I apologise that I was not able to join your Lordships’ deliberations in Committee, but, from reading Hansard, I see that my noble friend the Minister stated:

“The current list of legitimate aims will … align in many cases with the protection of the environment … expanding the list … beyond the current list would increase the grounds on which goods from one part of the UK could face discrimination in another … but with each addition steadily eroding the benefits that we all enjoy of the UK internal market. Expanding the list would also make discrimination easier to create and implement within the internal market.”—[Official Report, 28/10/20; col. 338.]


With respect, I disagree with that. Amendment 11 adds the protection of environmental standards to the shortlist of what constitutes a legitimate aim. It is imperative that, at a time when most acknowledge that we are in a climate and nature crisis, the protection of environmental standards should be considered a legitimate aim—indeed, as the noble Lord, Lord Whitty, said, it is probably the most important legitimate aim—and that we can do so without it being treated as indirect discrimination.

As we have also heard today, the Government have unveiled a series of measures that are ground-breaking and very ambitious, and I do not doubt that the Government take environmental standards very seriously. I hope that this amendment will give them an opportunity to give more power to their elbow. This, I believe, is a very achievable ask and I hope that my noble friend the Minister will agree that it will help to ensure that the internal market supports the achievement of environment and climate goals and targets at this crucial time.