COP26: Limiting Global Temperature Rises
Rebecca Pow Excerpts(2 years, 8 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
Temperatures are certainly rising in this Chamber, which demonstrates the passion for the issue on both sides. We have some varying and different views, but we all agree that this is a crisis that we have to tackle. Today’s debate highlights how critical COP26 is in securing the commitments we need to keep the temperature rises that are so affecting climate change to 1.5° of warming, and to bring us towards our goals of the Paris agreement and the UN framework convention on climate change.
Although I respect the passion of the hon. Member for Brighton, Pavilion (Caroline Lucas), and her leaning for the agenda—indeed, we worked closely together on much of it over the years when I was a Back Bencher—I was dismayed by her total negativity. I thank Members on the Government Benches for their positivity about the agenda, as well as the right hon. Member for Islington North (Jeremy Corbyn) who made a positive speech.
Before I turn to the international agenda, I want to thank our local groups and initiatives for their work on the ground, such as the Bishop’s Stortford Climate Group, the Gloucestershire tree planters, Climate Action Ilkley, my own Somerset UK Youth Parliament and the projects that were mentioned in Islington North. They are doing so much on this agenda. It is important to bring the people with us, and we can.
To go back to COP26, ahead of the event the President-designate and Ministers have been asking countries to deliver on our four key goals: emission reductions, adaptation, finance and working together. On emissions, when the UK took over the COP26 presidency, less than 30% of the global economy was covered by a net zero target, and now 80% of the global economy has a net zero or a carbon neutrality commitment and over 100 countries have submitted or enhanced their 2030 targets. I call that good progress.
Increasing ambition and action on adaptation is an absolutely key COP26 priority, with actions backing it up, and the adaptation action coalition is working on sharing knowledge and good practices. Finance, which has been heavily touched on today, is absolutely key to this agenda. The $100 billion that developed countries have committed to is about trust, and it is critical in helping developing countries to transition to cleaner economies and to protect those worst affected by the impacts of climate change. I think all hon. Members and my hon. Friends across these Benches understand that.
By the way, we will actually spend more in percentage terms on international development than America, Japan and Canada, contrary to some of the things being spread by the hon. Member for Brighton, Pavilion. We have a huge focus on finance. We have doubled our international climate finance to at least £11.6 billion between 2020 and 2025. We have two new finance initiatives under way for biodiversity funding.
Rebecca Pow
I will not give way, because I do not have much time, sadly.
Some 75 financial institutions representing €12 trillion have committed to protecting and restoring biodiversity investment in relation to climate change, and the Green Climate Fund is providing $9 billion to restore ecosystems. I very much hear what my hon. Friend the Member for Rother Valley (Alexander Stafford) said about climate finance transparency. I think this is all so important.
We have seen significant progress at the UN General Assembly. The UN has committed to doubling funding to $11.4 billion, which was followed by announcements from the European Commission, Denmark, Sweden, Monaco, Canada, Japan, Germany, the UK, France and the EU. So there is a great deal going on on this agenda, which is not to say that more is not also needed. The COP President-designate has been liaising with countries around the world to get them on board, and to get them to share their commitments because, as everyone has said today, this is not just about the UK.
We are seeing extreme weather conditions all around us, with extreme flooding, wildfires and, even here, flash floods, as well as the terrible climate-induced famine in Madagascar that was referred to eloquently. This has really focused the mind—has it not?—on the fact that this is real, and we have to deal with it. That brings me to how our net zero strategy demonstrates that this Government understand that. This is moving us to clean power, with hundreds of thousands of well-paid jobs on this agenda, and leveraging in £90 billion of private investment.
Rebecca Pow
I will not give way.
Contrary to what the hon. Member for Brent North (Barry Gardiner) said, there is a skills and training agenda to back this up. People from the oil industry are already transitioning to the offshore wind, and indeed to geothermal power in Cornwall. I went to have a look at that myself, and what an exciting project that is and could be.
The Prime Minister did such good work at the G7. Just this week, he announced at the global investment summit 18 new trade and investment deals, which will support green growth and create at least another 30,000 new jobs across the UK, thanks to £9.7 billion of foreign investment. It has been quite a week.
That brings me to nature. We must not forget that, because the other side of the climate change coin is biodiversity loss. That is where I come in as the nature recovery Minister, and it is why this Government have made that such a priority. We have committed in law to halt the decline of species abundance by 2030. No other country has done this. It is an amazing commitment, and we should not forget it.
We worked further on the Environment Bill in this House last night, and I think that that shows what a priority nature recovery is. The convention on biological diversity from COP15, and the Kunming declaration, also committed to bending the curve on biodiversity loss. So much is going on, and our nature-based solution work in this country is committed to demonstrating, at home, that we can use nature to tackle climate change. That then brings so many other benefits and spinoffs in holding water, restoring flooding, and so much else.
At COP26 we have a nature day, which we are making an absolute priority. We will also focus on deforestation around the world, as that is an important part of what we will be doing. The forest, agriculture and commodity trade dialogue will be under way at COP26, as will the US lowering emissions by accelerating the forest finance initiative. We are taking action on climate change. We are leading by example and we are bringing others with us. Yes, it is an emergency and we have to do something about it, but we cannot be continuously negative. We have to be positive, lead by example, and take advantage of the opportunity in Glasgow.
Environment Bill
Rebecca Pow ExcerptsWednesday 20th October 2021
(2 years, 8 months ago)
Commons ChamberRead Full debate Environment Act 2021 View all Environment Act 2021 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Commons Consideration of Lords Amendments as at 20 October 2021 - (20 Oct 2021)
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
I beg to move, That this House disagrees with Lords amendment 1.
Madam Deputy Speaker
With this it will be convenient to discuss the following:
Lords amendment 2, and Government motion to disagree.
Lords amendment 3, and Government motion to disagree.
Lords amendment 12, and Government motion to disagree.
Lords amendment 28, and Government motion to disagree.
Lords amendment 31, Government motion to disagree, and Government amendments (a) and (b) in lieu.
Lords amendment 33, and Government motion to disagree.
Lords amendment 75, Government motion to disagree, and Government amendments (a) and (b) in lieu.
Lords amendments 4 to 11, 13 to 27, 29, 30, 32, 34, 35, 64, 69 and 70.
Rebecca Pow
I am delighted to be cracking on with the Environment Bill. It has dominated my whole life as an Environment Minister, but I hope we all agree that it has only got the stronger for it. Make no mistake that this is a landmark piece of legislation that will increase our resource efficiency and biodiversity, drive improvements in air and water quality, and put us on the sustainable trajectory for the future that I believe we all want and need.
Even though the Bill has not been before the House for some time, it has grown, developed and strengthened in that time. My officials have been working tirelessly with all others involved to bring forward a whole range of measures in the Bill. We have already launched five local nature recovery strategy pilots, we have appointed Dame Glenys Stacey as chair-designate of the office for environmental protection, and we have consulted on the extended producer responsibility, the deposit return scheme and consistent recycling collections in England.
The Bill is packed with positive measures, but I am delighted that the Government have improved it even further. [Interruption.] There is lots of agreement from the Opposition Benches—excellent. Lords amendment 4 and its consequential amendments will require the Secretary of State to set a new, historic, legally binding target to halt the decline of species by 2030. That is a bold, vital and world-leading commitment. It forms the core of the Government’s pledge to leave the environment in a better state than we found it.
In the same vein, the Government acknowledge that the climate and biodiversity situation is an emergency. I am very pleased to say that that was referenced by the Prime Minister himself, who pledged to
“meet the global climate emergency”
in his foreword to the net zero strategy, which was published just yesterday. However, addressing those twin challenges requires action rather than declarations, which is why the Government are acting now. We have committed to set a new historic legally binding target to halt the decline in species abundance by 2030.
Bob Seely (Isle of Wight) (Con)
I genuinely thank the Minister for all the incredible work she has done. She talks about the importance of biodiversity. Does she understand that I found it a little frustrating that the Government did not look in a better way and more closely at my amendment, which would have closed the loophole on sites of special scientific interest? Currently, the loophole allows an SSSI to effectively be concreted over, damaging the biodiversity she wishes to protect. Even at this late stage, will the Government look again at that SSSI amendment, please?
Rebecca Pow
I thank my hon. Friend for his comments. Obviously, we take SSSIs extremely seriously under their designations. There is a set pathway for SSSIs and for looking after them, but I think he will agree, if he listens to what I have to say, that the Bill contains some very strong measures on biodiversity, which are much needed and will help us to that trajectory of restoring nature.
I was saying that we have a legally binding target to halt the decline in species abundance. The UK was also the first economy to set a target of net zero emissions by 2050. Our target for the sixth carbon budget is world-leading. The “Net Zero Strategy” published yesterday builds on the 10-point plan, the energy White Paper, the transport decarbonisation plan, the hydrogen strategy, and the heat and building strategy, setting out our ambitious plans across all key sectors of the economy to reach net zero. This is an all-in approach.
Of course, it is not just our domestic approach that counts. Tackling climate change and biodiversity loss is our No. 1 international priority, which is why we are driving forward our COP26 presidency and playing a leading role in developing an ambitious post-2020 global biodiversity framework due to be adopted at the convention on biological diversity COP15. Therefore, putting the declaration in Lords amendment 1 in law, although well-intentioned, is not necessary.
Lords amendment 2 would require the Government to set a legally binding target on soil health. I would like to be clear with the House and the other place that we are currently considering how to develop the appropriate means of measuring soil health, which could be used to inform a future soils target. However, we do not yet have the reliable metrics needed to set a robust target by October next year and to measure its progress. If we accepted the amendment, we could be committing to doing something that we cannot deliver or might not even know if we have delivered. I am sure hon. Members and hon. Friends would agree that that is not a sensible approach.
Kerry McCarthy (Bristol East) (Lab)
I am a little concerned to hear the Minister say that they are still not ready to go ahead. From my recollection of the past few years, we talked about this issue in the Agriculture Public Bill Committee and when this Bill was in Committee. Has work actually started on this and how long does she think the programme of work will take? Why is it taking so long?
Rebecca Pow
I am pleased that the hon. Member, like me, is deeply passionate about soil. I think I held the first ever debate on soil in Parliament when I was a Back Bencher. It is something that I am personally very keen on. We believe we cannot commit to set the actual target until we have that baseline of robust metrics. We consulted and are working very widely with experts and specialists. Indeed, a range of pilots, tests and trials are running related to soil. Instead, I can provide reassurance that the Government, as announced in the other place on Report, will be bringing forward a soil health action plan for England. It will provide a clear strategic direction to develop a healthy soil indicator, soil structure methodology and a soil health monitoring scheme. All those things are absolutely necessary before we can set the actual target, but there is a huge amount of work going on, on the soil agenda. I am personally pushing that forward, as is the Minister of State, Department for Environment, Food and Rural Affairs, my hon. Friend the Member for Banbury (Victoria Prentis), with whom I am working very closely on this matter.
Caroline Lucas (Brighton, Pavilion) (Green)
I know the Minister is personally committed to the soil agenda—I remember sitting with her on the Environmental Audit Committee—and I am sure she shares my concern about this being hugely delayed. She talks about the action plan, but the draft outline will not even be consulted on until spring next year. What can we do to try to speed that up? It is a massively serious issue, as she knows, yet the signals from the Government are that they are treating it with complacency.
Rebecca Pow
I completely disagree with the hon. Lady, although I am listening to what she is saying. There is no complacency whatever on this. In fact, soil will be one of the top priorities in our new environmental land management and sustainable farming initiative schemes. So it will be prioritised. It is the stuff of life. All farmers and landowners understand that we have to get it right. The soil health action plan will absolutely drive that forward, as have action plans in many other areas, such as peat. We are now bringing that all into being, so I can categorically say that this will happen. I really hope that that gives her some reassurance.
Neil Parish (Tiverton and Honiton) (Con)
I thank the Minister for presenting the Bill. We really do need to get to this target quickly. We also have the situation whereby the World Health Organisation is reducing the amount of PM2.5 that can be in the atmosphere. Are the Government taking this very seriously—not only the target that we have had all along but the new target that the WHO is setting?
Rebecca Pow
My hon. Friend takes a huge amount of interest in this issue and I know my officials met him very recently to discuss the detail.
Rebecca Pow
I am just going to answer this question.
Yes, the WHO has already lowered what it thinks is the safe limit, which I think demonstrates how complicated the issue is. It would be wrong to set a number on the face of the Bill without being absolutely certain that it was the right one—as my hon. Friend understands. I have spent a great deal of time on this issue with academics and scientists, and I am happy to share with others if that is helpful. We must make sure we get this right before we set the target. To be clear, to achieve even the 10 micrograms per metre squared in our cities would require significant change in all our lives. It would likely introduce policies aimed at restricting traffic kilometres by as much as 50% or more, a total ban on solid fuel burning including wood, and significant changes to farming practices to reduce ammonia, which reacts in the air to form particulate matter.
Mr Sheerman
In the spirit of what we all felt and discussed after the tragedy of last week, I feel passionate about all these issues but I am determined to be good-tempered and pleasant to everyone in the whole of the debate. Along those lines, I have a passionate interest in clean air and have worked in this area for 27 years—I started an organisation called the Westminster Commission for Road Air Quality 27 years ago. The fact of the matter is, however, that this is glacially slow movement. We are poisoning pregnant women, older people and children in every town and city. Why are we not committed to sustainable development goals? Why do we not have a sustainable development community in every town and city? It all seems so glacially slow. I can almost see the spectral vision of Lord Lawson at the back there—that is what really worries me.
Rebecca Pow
I thank the hon. Gentleman for that intervention and for all his work in this area. In the spirit of being friendly, I have a smile on my face, but I would say that we are not moving slowly. He did not even reference the clean air strategy, which the WHO commended as being a world-leading piece of legislation. That is already bringing in measures across the country. There is also the £3.6 billion in the nitrogen oxide programme. The new air quality Minister—the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Bury St Edmunds (Jo Churchill)—who is sitting here, has a very big health interest. We are taking this extremely seriously. We need to look at the wider context and the Bill will then set the two targets—not just the average target, but the population exposure target, which is really important.
Geraint Davies
Given that the World Health Organisation had a target of 10 micrograms per cubic metre, which we are asking for in this amendment, and it is now 5 micrograms, does that not show that the only direction is down? Ten micrograms is a minimum standard that we surely need to achieve both to save tens of thousands of lives and to tell the world, through COP26—8.7 million people are dying every year of air pollution—that global Britain means showcasing the fact that we are willing to provide legally binding targets to deliver on public health, care costs, productivity and a cleaner, greener, better world.
Rebecca Pow
I thank the hon. Gentleman for that intervention. We have met many, many times and we share a common interest in this issue. We are not arguing about its importance—[Interruption.] He is encouraging me—I thank him, but I do not need any encouragement actually; we realise how serious this is. The point is that we will be setting the target and we will be showing the world. We will announce that target next October, but we will consult on it before that. It would be wrong to set, for example, a specific number, if, indeed, we found that that number should be lower. I will leave it there.
We have to have a public consultation on this issue and we will do so early next year. Members of the public will want to understand not only the health impacts, but what impacts the measures that will be taken will have on their life. But we will not be sitting around. The consultation will allow us to bring forward the final target in October, and we cannot miss that target.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I understand that the Minister wants a consultation. I see good sense in that if we are to take the public with us, and I understand that she may be concerned about setting targets now. However, in areas such as mine—not inner cities, but suburban constituencies—there is a real issue with particulate pollution. We have a real problem with hotspots. Even if we are having a consultation until October, for heaven’s sake, can we not have a hotspots policy specifically to target areas where particulates are clearly high already? At least if we were doing that, it would be a reassurance to many of my constituents.
Rebecca Pow
I thank my hon. Friend for that intervention, but we already have our clean air strategy, as I said, and our local authority fund, which we have recently increased by millions. I urge him to have a look at that fund and I urge his authority to apply. Many authorities are already taking their own measures because they know, for example, where the hotspots are. He makes a very sound point and the exposure target will really help those hotspots, which is why it is so important.
Matt Rodda (Reading East) (Lab)
I wholeheartedly agree with the hon. Member for Bromley and Chislehurst (Sir Robert Neill). Further to the point about air pollution and working with the public, is the Minister also aware of the potentially significant business opportunities for vehicle and, indeed, cycle manufacturers in shifting to a low-pollution approach? As the hon. Gentleman said, local authorities are natural partners, but there are also partners in the private sector that could benefit hugely if the Government were able to make a clearer statement and agree at an earlier point with the WHO’s target.
Rebecca Pow
I know that the hon. Gentleman is a keen runner and gets out and about, probably on his bicycle as well, and he makes a very good point. This is why our net zero strategy, our road to decarbonisation for transport and the £2 billion that we have invested in cycling and walkways are so important. All those funds are being incorporated when local authorities apply for their budgets to deal with their hotspots. The clean air zone areas, which we are bringing in across the country, take advantage of exactly the opportunities that he raises.
Mr Sheerman
The Minister is being generous and kind in giving way again. Has she seen the experiment in the cities of Oxford and London, where air quality detectors are on every waste truck? Every week, waste trucks go to every house in every street in the country. If we put those on every waste truck—and it is cheap—we would know the hotspots and the British public would know very quickly what sort of atmosphere their children were growing up in and what air we are breathing. Will she have a serious look at that and, in the process, discuss it with Sir Stephen Holgate, who is such a magnificent expert on all that?
Rebecca Pow
I would suggest a meeting with the new air quality Minister—actually, I meet Sir Stephen Holgate regularly, as he is one of our advisers. We are increasing monitoring across the country for exactly the purposes that the hon. Gentleman mentions: the better the data, the more we know what action we can take.
The targets that we are working on are being carefully approached with experts such as Sir Stephen Holgate, as well as others from Imperial College London and the UK Centre for Ecology & Hydrology. We have two expert panels: the air quality expert group, chaired by Professor Alastair Lewis, and the committee on the medical effects of air pollutants, chaired by Anna Hansell of the University of Leicester. That will ensure that we get the targets right and that they are informed by the latest atmospheric science and health evidence. We will, of course, share those findings with the World Health Organisation.
Rebecca Pow
I am going to plough on for a bit, because I think I have been pretty generous so far. The two targets that we will set—a concentration target and a population exposure reduction target—will work together to both reduce PM2.5 in areas with the highest levels and drive the continuous improvement that we need. A focus on reducing population exposure, not just a concentration-based target, recognises that there is no safe level of PM2.5, and a scientific approach is absolutely the right way to go. We recognise that this will not be easy and that we need to engage with society to bring it along with us.
Simon Hoare (North Dorset) (Con)
The Minister is a doughty champion on this issue so I rise with some degree of trepidation. May I ask her one question? The data is all going in one direction. Do the Government have the power, if they see something so pressing, not to have to engage with consultation, so they can just say, “On the face of this, it is absolutely clear that the time for action is now. We don’t have to consult—just get on and do it”? Is that within her arsenal?
Rebecca Pow
I thank my hon. Friend for that question, but I think we would have as many critics for not consulting as we did for consulting, so that is the right way to go because there are always other views. I think we have agreed how important it is by saying that we have to set a target. Not only are we setting one target, but we have agreed to set two, and there can be all sorts of other targets within that.
Simon Hoare
I was not criticising the decision that the Minister has taken to consult on this issue. I merely inquire, in a spirit of curiosity, whether she as the Minister or the Secretary of State have the power—to use at some point—to set aside any requirement for consultation and just to act? Theoretically, is that power there?
Rebecca Pow
The method we choose is to consult and to take expert advice in everything we do, particularly in a Department such as the Department for Environment, Food and Rural Affairs, which is rooted in science. I will move on now, and I hope that I have made it very clear throughout all this discussion about air quality that, for the reasons I have laid out, we cannot support this amendment.
To turn to amendment 12, I would like to reiterate much of what Lord Goldsmith of Richmond Park said in the other place. Our world-leading targets framework will drive action by successive Governments to protect and enhance our natural world. Introducing legally binding interim targets, as the amendment proposes, would be both unnecessary and detrimental to our targets framework and our environmental ambitions. The amendment would undermine the long-term nature of the targets framework: it would force us to meet legally binding targets every five years on complex environmental systems.
Sir Bernard Jenkin (Harwich and North Essex) (Con)
We are so delighted to see my hon. Friend in this role, taking the Bill through, but why does she think that there is a temptation for Parliament to legislate for targets, which the Government seem to find very unhelpful? Will she reflect on the fact that the public at large are getting very little hard data or measured metrics about how we are doing onr4321a achieving all these goals? Perhaps the answer is not to legislate for more targets, but for the Government to acknowledge that they need to do much better at accumulating data and presenting it to the public, so that the public are engaged and have more confidence in what the Government are doing.
Rebecca Pow
Data is key, and science is key. As I mentioned—and I was slightly disparaged—that is why we want to do the soil health monitoring: to gather the data. When I talk later about storm sewage overflows, the House will hear that our approach is very much about getting the data. My hon. Friend is absolutely right: the more we can explain things to the public, the better. Personally, I do not think that we do that enough. Perhaps the press could help us.
We were talking about interim targets. Certain habitats take a very long time to change or recover, such as peat bogs, native woodlands and the marine environment. Five years would potentially be too short to get a result. This should not be just a tick-box exercise towards a five-yearly target. The Bill’s very robust statutory cycle of monitoring, annual reporting and five-yearly reviews, combined with regular scrutiny from the office for environmental protection, will ensure that we meet the interim targets set in the environmental improvement plans.
Hon. Members who were on the Bill Committee will be well aware of the whole process of reporting, monitoring and feeding back, which is constant. It comes under scrutiny as well, so even though an interim target is not legally binding, we will still be held to account for meeting it and heading towards it. If it is not right or if we are not making enough progress, the OEP will certainly have something to say about it, and indeed so will Parliament when we come to report on it. I recognise the concerns raised by peers, but it is our view that the changes made in the other place would lead to a detrimental impact on the enhancement of the environment and should be reversed.
I turn to Lords amendment 28, which I have been informed by the parliamentary authorities invokes financial privilege, but on which I still wish to reiterate the Government’s position. The Bill embeds environmental principles that will guide future policy making to protect the environment. The Government firmly maintain that exempting some limited areas from the duty to have regard provides flexibility in relation to finances, defence and national security.
First, the exemption for the armed forces, defence and national security remains essential to provide vital flexibility to preserve the nation’s protection and security. Defence land and defence policy are fundamentally linked. If the duty were applied to defence policy or Ministry of Defence land, it could result in legal challenges that could slow our ability to respond to urgent threats.
Secondly, applying the duty to taxation would constrain Treasury Ministers’ ability to alter our financial position to respond to the changing needs of our public finances. The Treasury’s world-leading Green Book already mandates the consideration of environmental impacts, climate change and natural capital in spending. That applies to spending bids from Departments, including for a fiscal event.
Madam Deputy Speaker (Dame Rosie Winterton)
Order. I am very conscious that a lot of Members want to speak and that the debate has to finish at 4.36 pm, so I think we need to bear that in mind.
Caroline Lucas
Apologies, Madam Deputy Speaker; it is only my second intervention, and it will be my last for the moment.
On environmental principles, may I ask the Minister about the consultation on the policy statement? As I understand it, the Government’s response to it is still delayed. Can she tell us when we can expect to see it and why it has been delayed for so long?
Rebecca Pow
I thank the hon. Member for that question. In true Government-speak, I will say “shortly” and move on.
I make it clear that the exemption for
“spending or the allocation of resources”
refers to central spending decisions only. Individual policies that involve spending by Departments will still need to have due regard to the policy statement. Spending review and fiscal event decisions must be taken with consideration to a wide range of policy priorities, including macroeconomic issues that are too remote from the environmental principles for those principles to be directly applicable. For example, principles such as “polluter pays” cannot be applied to the allocation of overall departmental budgets.
I turn to the office for environmental protection. Lords amendments 31 and 75 would remove, respectively, the power for the Secretary of State to offer guidance to the OEP and the equivalent power for Ministers in Northern Ireland. I reiterate the Government’s commitment to establishing the OEP as an independent body. However, as the Secretary of State is ultimately responsible to Parliament for the OEP, the guidance power is required to ensure that there is appropriate accountability and that the OEP continues to operate effectively.
I acknowledge the concerns that have been raised about the power for the Secretary of State to issue guidance for the OEP. Our Government amendment (b) will therefore reintroduce the additional provision, first added in the other place, to ensure that Parliament and the Northern Ireland Assembly can scrutinise draft guidance before it is issued. The Secretary of State must respond before final guidance can be laid and have effect. The guidance power is not a power of direction; it will simply ensure that there is appropriate accountability and that the OEP continues to operate effectively. That is why the Government believe that it should remain part of the Bill.
Jim Shannon (Strangford) (DUP)
What would happen if the Northern Ireland Assembly said that it did not agree with the legislation proposed here? Would Westminster overrule it?
Rebecca Pow
Northern Ireland is included in this, but it has to decide whether it wants to commence the powers. It is up to it to do so.
Lords amendment 33 relates to the OEP’s enforcement powers—a complex issue, but an important one. I want to be clear with the House about what the amendment would do: it would remove protections for third parties brought into the OEP’s process of environmental review that have been specifically designed in recognition of the unique nature of this type of legal challenge. That is unacceptable. The OEP will be able to bring cases to court, potentially long after the decisions in question have been taken and outside the standard judicial review limits. Impacts on third parties must therefore be considered.
To give an example, quashing planning permission or consent for a block of flats many months or years after the decision was taken, when significant building works might already have commenced, would result in substantial hardship. We need to ensure that the key principles of fairness and certainty are upheld for third parties who have acted in good faith on the basis of certain decisions. The amendment would offer no such protections for third parties, so we cannot accept it.
I will conclude by briefly mentioning other Government amendments made in the Lords in relation to devolution, which I hope this House will support. Those amendments will, among other things, promote co-operation between the OEP and devolved environmental governance bodies and create clarity and consistency on the use of the environmental principles across the Union.
I am pleased to be backing the Environment Bill
Royal Assent
Madam Deputy Speaker (Dame Rosie Winterton)
I have to notify the House, in accordance with the Royal Assent Act 1967, that the Queen has signified her Royal Assent to the following Acts and Measure:
Health and Social Care Levy Act 2021
Compensation (London Capital & Finance plc and Fraud Compensation Fund) Act 2021
Safeguarding (Code of Practice) Measure 2021.
Environment Bill
Rebecca Pow Excerpts(2 years, 8 months ago)
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Kerry McCarthy (Bristol East) (Lab)
I very much echo what my hon. Friend the Member for Vauxhall (Florence Eshalomi) said about air pollution. Earlier, the Chair of the Environment, Food and Rural Affairs Committee, the hon. Member for Tiverton and Honiton (Neil Parish), mentioned that the Mayor of Bristol had spoken of the M32 going right into the heart of the city. It is the border between my constituency and that of my hon. Friend the Member for Bristol West (Thangam Debbonaire). It goes through those inner-city areas, and we know that children living in those areas are particularly at risk.
When we have discussed that in various Select Committees and during the passage of Bills, I have found the Minister’s attempted justification for not adopting the World Health Organisation targets very weak, and I am afraid that the same is true today. Surely people’s right to have a log-burning stove is more than outweighed by the fact that there are 40,000 deaths a year because of air pollution. Surely that is far more important. However, other Members have more than done justice to the need to back the Lords on their air pollution amendments, so I want to talk briefly about Lords amendment 1, which has not been spoken about much.
There is no question but that we are in the midst of climate and ecological emergencies that simply are not being taken seriously enough, not just by the Government but by many others who, through their actions, are contributing to the problem and not helping to find solutions. I am usually quite sceptical about the value of grand declarations if they are not backed up by action—and often they are not backed up by action—but I think that formal recognition in the Bill of the gravity of the situation could make a difference.
We have led the way on that in Bristol. We formally declared a climate emergency in 2018 and a biodiversity emergency in February last year. As a result, we have a wide-ranging “one city” ecological emergency strategy, which serves as a blueprint for action on that front. Really, that is what it is about—not just making the declaration, but using that declaration as a way of stressing the urgency and driving action.
I support the Lords amendments on the office for environmental protection. The Bill should have been in force, and the OEP ready for action, for the end of the Brexit transition period. There is just no excuse for the Government’s delays and prevarications—or, it has to be said, for their reneging on their promise to base the OEP in Bristol, which I will not stop reminding them about. We have ended up with precisely the sort of governance gap that many of us warned about, which is shameful. However, now that we are where we are, we ought to accept the Lords amendments, which would ensure that the OEP is independent in nature, that it is able to properly hold Ministers to account for environmental wrongdoing, and that it has control over its own budget.
Finally, the fact that we are so far away from meeting our environmental obligations on air pollution, water quality—I think that will come up in the next group of amendments—and protection of biodiversity only reinforces the case for a strong OEP and more accountability for Ministers. However, there is nothing in the Bill to compel Ministers to act early to meet targets or take action where interim targets are missed. We have these long-term targets way into the future—we have a 25-year environment plan—but if we do not have binding interim targets, it is so easy to kick things into the long grass and say that we are working towards a date at some distant point in the future. We then find that that distant point in the future is suddenly upon us and nothing has been done to ensure that we reach the targets.
Lords amendment 12 would ensure that there are binding interim targets in the Bill, which is so important for our ability to hold the Government to account and to see incremental change that will get us to our final ambition. That needs to be kept in the Bill.
Rebecca Pow
With the leave of the House, I will respond to the debate. May I reiterate the condolences that have been expressed? I was not able to be in the Chamber earlier. I have not worn my environmental leaf suit today, as a mark of respect to those two great men—Sir David Amess, who did so much on animal welfare, which is very relevant to my Department, and James Brokenshire. I think we all feel the same about them. We are proud to have known them, and we send our condolences to their families. I am terribly sorry.
I thank all hon. Members across the House for their contributions. As ever, whatever our differences, we listen to what has been said and work very closely together on these matters. I will whizz through some of the questions and comments that were raised before summing up.
Let me refer first to the comments by the SNP spokesperson, the hon. Member for Edinburgh North and Leith (Deidre Brock), just to get the devolution issue clarified. She talked about this Government not respecting the Scottish Government. The power of the Scottish Parliament to legislate respects the exercising of reserved functions by Ministers of the Crown. That was tested recently in the Supreme Court, which agreed with the Government. That judgment by the Supreme Court directly supports Lords amendment 29, tabled by the Government.
Rebecca Pow
I am going to leave it there, because I have so many comments to get through.
I want to refer now to particular questions and comments raised about the OEP. We heard some comparisons with the EU, in particular from the hon. Member for Westmorland and Lonsdale (Tim Farron), with whom we have had some very constructive discussions, as he said—I thank him for those comments. The OEP’s enforcement powers are different but will operate more effectively than those of the European Commission. The OEP will be able to liaise directly with the public body in question—that does not happen with the European Commission—to investigate and resolve alleged serious breaches of environmental law in a more timely and targeted manner.
On environmental review, the OEP can apply for judicial review remedies, such as mandatory quashing orders, subject to appropriate safeguards. That will work to ensure compliance with environmental law. The Court of Justice of the EU cannot issue those kinds of remedies to member states, so we truly believe the OEP is stronger, not weaker.
The right hon. Member for Leeds Central (Hilary Benn) mentioned the guidance power. Paragraph 17 of schedule 1 already requires that:
“In exercising functions in respect of the OEP, the Secretary of State must have regard to the need to protect its independence.”
The guidance power does not grant the Secretary of State any ability to intervene in decision making about specific or individual cases. The OEP does not have to follow the guidance where it has clear reasons not to do so. It has to provide its own enforcement policy. I think Dame Glenys would take issue with the idea that she is somehow heading up a weaker organisation. I do not think she would have taken on the job if she felt that that was the case.
On the biodiversity emergency, we have set a duty to set an additional legally binding target to halt the decline in species abundance by 2030. If that—not to mention the Prime Minister’s comments yesterday—does not demonstrate that we understand there is an emergency I do not know what else does.
Soil was mentioned by a number of colleagues, all of whom agreed that we need data. Our soil health action plan, to pick up on the points made by the hon. Member for Bristol East (Kerry McCarthy), demonstrates that we really mean business with soil. Many of our other policies will be about working on soil health. It is not just about what is in the Bill; it is about all our wider policies whereby we are taking soil health extremely seriously.
Air quality was rightly raised by many hon. Members, including my hon. Friends the Members for Tiverton and Honiton (Neil Parish), for Bromley and Chislehurst (Sir Robert Neill) and for Newcastle-under-Lyme (Aaron Bell), and the hon. Members for Westmorland and Lonsdale and for Vauxhall (Florence Eshalomi). On what is the right number for the target, I reiterate that whatever the WHO said—whether 10 micrograms per metre cubed or now five—its analysis has not and did not outline a pathway to achieve that target. That is why it is so important that we gather the evidence and the science. I was so pleased that my hon. Friend the Member for Tiverton and Honiton himself pointed that out and agreed that this is the right approach. So many people today have mentioned the importance of getting the evidence and the data right.
I listened to what my hon. Friend the Member for Bromley and Chislehurst said, but I assure him that we are not waiting for targets to be set to tackle the problem of air pollution. We are taking action now. One example is the legislation to phase out the sale of house coal and small volumes of wet wood, and to introduce emission standards for manufactured solid fuels for domestic burning across England. That was one of the big steps we have taken to cut down on PM2.5.
Sir Robert Neill
I am grateful for what the Minister says. Will she meet me to discuss the sort of mechanism we were talking about, so we might get a better focus on this issue?
Rebecca Pow
I hear what my hon. Friend says and I will reiterate that to the new Minister with responsibility for air quality. My hon. Friend makes good points. Many other measures are in place connected to our air quality strategy, but he may be right that they need to be pulled together in a clearer way. We acted on many of the measures on which the coroner gave us guidance after the very tragic case of Ella Kissi-Debrah. Our hearts go out to that family, and I am thankful for all the input.
Regarding amendment 1, I must reiterate that actions are what are necessary to combat the climate and biodiversity emergency, not legal declarations. On amendment 2, the soil health action plan will provide strategic direction to develop the metrics that we need for the soil health target, and I point hon. Members to the written ministerial statement on that. On amendment 3, we will continue to collaborate with experts to ensure that the consultation on air targets is based on the best evidence. In setting targets, we need to carry out detailed modelling, as I said.
Amendment 12 fundamentally undermines the long-term nature of the targets framework. It removes necessary flexibility and forces us to meet legally binding targets every five years on complex environmental issues. Regarding amendment 28, the Government firmly maintain the position that exempting some limited areas from the duty to “have due regard” provides necessary flexibility in relation to finances, defence and national security.
Turning to amendments 31 and 75, I must stress that the guidance power is required to ensure appropriate accountability for the OEP. Finally, amendment 33 is not acceptable because it removes all protections for third parties who were brought into the OEP’s process of environmental review. The Government are confident of their position on these matters and I hope that Members will support us in returning this position to the other place, so that we get our world-leading legislation onto the statute book.
Mr Deputy Speaker (Mr Nigel Evans)
Just to explain the process, I am anticipating five votes; the first vote will take 10 minutes and the others, consecutively, eight minutes, so I really would not go too far from the Lobbies. There will be three from the Labour party, one from the Lib Dems and one from the Scottish National party. If Deirdre Brock would approach the Chair while the first Division is taking place, I will explain the process for the SNP Division, because it is a bit more complicated.
Lords amendment 1 disagreed to.
Lords amendment 2 disagreed to.
Clause 2
Environmental targets: particulate matter
Motion made, and Question put, That this House disagrees with Lords amendment 3.—(Rebecca Pow.)
Rebecca Pow
I beg to move, That this House disagrees with Lords amendment 43.
Mr Deputy Speaker (Mr Nigel Evans)
With this it will be convenient to discuss the following:
Lords amendment 45, and Government amendment (a) thereto.
Lords amendment 65, and Government motion to disagree.
Lords amendment 66, and Government motion to disagree.
Lords amendment 67, Government motion to disagree, and Government amendments (a) to (e) in lieu.
Lords amendment 94, and Government motion to disagree.
Lords amendment 95, and Government motion to disagree.
Lords amendments 46 to 63, 71 to 74, and 91 to 93.
Rebecca Pow
As we turn to amendments focused on the protection of nature, I would like to remind the House of some of the significant changes that the Government have made to the Bill since its introduction, which I hope hon. Members support. We have extended the requirement for biodiversity net gain to cover nationally significant infrastructure projects, which ensures that new nationally significant infrastructure projects, such as new roads, railways or airports, must contribute to our vision of a nature-positive future. That will also enable the Government to extend net gain to major projects in the marine environment once a suitable approach has been developed.
We have added a power to increase the period for which habitat must be maintained beyond 30 years across the whole net gain policy. The Secretary of State must keep under review whether the period could be increased. We have made it a legal requirement for the Government to produce guidance on how local planning authorities should have regard to local nature recovery strategies.
I turn to storm overflows. All the detail that I am about to outline demonstrates an absolute commitment to tackling the environmental harm caused by storm sewage overflows, on which we have taken significant action. Lords amendment 45, the majority of which has been put forward by the Government—I urge hon. Members to look at it—introduces an entire new chapter to the Water Industry Act 1991 on storm overflows to address that. It places a statutory requirement on the Government to produce a plan to reduce discharges from storm overflows and their adverse impacts before 1 September 2022, and commits the Government to taking action and reporting on progress to Parliament. We will also be required to produce a report on the actions that would be needed to eliminate discharges from storm overflows in England, and their costs and benefits, before 1 September 2022.
Caroline Lucas
I certainly support the direction of Lords amendment 45. However, I want to ask the Minister why she is omitting lines 7 to 14 of the original amendment introduced by the Duke of Wellington in the other place, which would put a legal duty on water companies to take immediate action to tackle sewage pollution and so forth. Why has she taken some of the teeth out of this amendment?
Rebecca Pow
I hear what the hon. Member says, and for once I am really pleased that she almost supports what we are doing. I am outlining what we have put into the Bill since it was last here to demonstrate how we will be reducing the harm from these sewage storm overflows. The cumulative impact of all this will be to actually address the issue that we all so want to address. Crucially, we will have sewerage management plans in which water companies will have to explain and detail how they are going to be delivering a resilient sewerage system. We expect those plans to include considered actions for reducing storm overflows and their harm in line with the ambition set out in the Bill.
John Redwood (Wokingham) (Con)
As there is a lot of concern about this on both sides of the House, can the Minister give us some encouragement about what pace of change we can look forward to under her proposals? I think people want some reassurance that this is going to be tackled quite soon.
Rebecca Pow
I thank my right hon. Friend for that, and honestly, people are coming up to me left, right and centre about this. I feel as strongly about it as everybody else, so I am so pleased we have got this into the Bill. I have to say that a lot of it is thanks to working with my right hon. Friend the Member for—[Hon. Members: “Ludlow.”] I have been to Ludlow, but I have a lot of data in my head! I think my right hon. Friend the Member for Ludlow (Philip Dunne) would agree that we have worked unbelievably constructively to get what was going to be in his private Member’s Bill into this Bill, which is absolutely the right thing to do. I hope we are demonstrating that this is happening quickly. For example, we are requiring water companies to put in monitors above and below every storm sewage overflow to monitor the data. They will have to start that right now, because the sewerage plans coming forward in the Bill are already under way.
Sir Oliver Heald (North East Hertfordshire) (Con)
The Minister will know that I am one of the people who keeps talking to her about this, and I pay tribute to her for all the work she has done on it. Yes, there are all these duties to report, to produce plans and so on, which is great, but should there not also be a duty on the water companies to actually do something, rather than just to report on what they have or have not achieved? If amendment (a) to Lords amendment 45 succeeds, will she consider whether it is possible to have a more tightly drawn, concise and effective duty on water companies?
Rebecca Pow
We have been speaking about this. I hear what my right hon. and learned Friend is saying, and I am listening. I am going to say that there is a dialogue, but I will leave it at that. However, there is so much more that will help with this issue, and the wider issue of water pollution, than what is in this Bill. I think he would agree that there are a lot of water issues to be dealt with that the water companies will be held to account for. One of the very strong things we are doing, which is not in the Bill, is producing our draft policy statement to Ofwat, the regulator. For the first time ever, we have put at the top of the agenda that it will have to get the water companies to address storm sewage overflows. I think we would all agree that they are necessary in an emergency, but they have been used far too frequently. I hope by all of this we are demonstrating what are doing, and that is why I am taking so long going through it. It has not started right now—well, not all of it—but when it does start, it will make a huge difference to the progressive reduction of harm.
Mr Dhesi
As has been said, it is great to hear about these plans, and we have been hearing about them for some time. Once we set aside all the blurb and the peripheral extraneous issues being outlined, are there any targets or deadlines? When will all English rivers be sewage free?
Rebecca Pow
I would argue that it is not blurb. The way we direct such changes is through policies such as these, and they will start to happen immediately. Water companies are totally aware of the policies, and through such measures we will cut down on harmful sewage storm overflows. Under the Bill we must also set a range of water targets. We have set up the storm overflows taskforce, which will report early next year on what the target should be for elimination. We will also have targets in other important areas of water quality, including phosphates, nitrates, waste water—all those areas are important and will be tackled. That is coming down the tracks imminently.
Sir Bernard Jenkin
The Minister is bringing in a fantastic Bill, but it is sad that we are not implementing the measures that my right hon. Friend the Member for Ludlow (Philip Dunne) brought before the House in his private Member’s Bill. They would have made it illegal to have sewage discharges after a certain date. The question “when?” is the right one, and the balancing argument is about how much it would cost, and how much it would add to consumers’ water bills. Does the Minister have that data? Do we know how much would need to be invested in each water area, and how much that would impact on bills, so that we can quantify how long it would take to do at a reasonable pace? That is what we need to know. Perhaps there will be a compromise on this issue, but at the moment I am afraid I am likely to follow my right hon. Friend into the Lobby in support of the Lords amendment.
Rebecca Pow
I thank my hon. Friend. This is an important issue and we have thought about it. The Government will come back and report on the costs and benefits; we are doing a whole analysis of that. As an approximate estimate, to get rid of or eliminate storm sewage overflows would cost between—these are very wide figures—£150 billion and £660 billion. One must consider the cost of bills, because there will be an impact on those. That is why I made the point earlier that a lot of other areas in connection with our rivers and our water are really important. We must also deal with those, and it must be proportionate. My hon. Friend is right, and we will soon have the data from our storm overflows taskforce, and from our duty to report on what the cost benefits would be of completely eliminating storm overflows. Such things are used far too frequently, but they are also an emergency measure that should potentially always remain, just in case we have to deal with huge floods.
Another area of work that needs to be done—we are doing it—involves levelling up and what was MHCLG but is now DLUHC, the Department for Levelling Up, Housing and Communities,. It is about sustainable development and what we do with drain water, all the rest of the water, and separating out our systems. This is a cross-departmental issue, and we are tackling some really important matters in the Bill.
The Bill also requires us to set and achieve at least one target in the priority area of water. Our policy paper, which was published in August 2020, set out the objectives for the water targets we were considering. Those include reducing pollution from agriculture, waste water, abandoned metal mines, and reducing water demand. All those issues are significant to the whole area we are talking about.
Outside the Bill, we have committed to undertaking a review of the case for implementing schedule 3 to the Flood and Water Management Act 2010 in England. That schedule would set mandatory build standards for sustainable drainage schemes on new developments, which so many people have been calling for. Those are not mandatory at the moment, but to really have an effect, they need to be. We are reviewing that and, based on what we find, we will be working with DLUHC on that very issue.
We have moved further; with Lords amendments 46, 47, and 74, we will require water companies to do near real-time reporting of storm overflows and water quality monitoring upstream and downstream of storm overflows and sewage disposal works so that we have fully transparent data. People called for transparency of data in the debate on the previous group of amendments, and we will have it in relation to the impact of those things on our waters.
The first part of Lords amendment 45, new section 141A of the Water Industry Act 1991, was introduced in the other place by the Duke of Wellington and seeks to place a duty on sewerage undertakers to progressively reduce the harm from storm overflows and to ensure compliance with that duty. We have listened carefully to Parliament and, as I am sure my right hon. Friend the Member for Ludlow will agree, we have moved on this matter more than anything else in the Bill. I hope that I have made clear everything that we are bringing forward.
That is not to say that we are not listening; we are. I am confident in all the things I have outlined, together with the draft policy statement for Ofwat, which states that we expect it to
“incentivise water companies to significantly reduce the frequency and volume of sewage discharges from storm overflows.”
That is the pointer for the water companies really needing to work on this issue. I know that a group of colleagues from the Portsmouth area are banking on that. They are working with the water companies in the area on pollution issues. They have brought all the bodies together in a partnership to tackle their sewage overflow issues, and they need what is in the Bill to point them in the right direction. We have their full support, and I commend them for all the work that they are doing. There is a whole group of colleagues doing that.
We have been clear that we want to see fewer discharges of untreated sewage into rivers, lakes and seas. I am personally determined to see that happen, and I am really proud of the actions we are taking. Lines 7 to 14 of Lords amendment 45 are therefore unnecessary, and I ask the House to support amendment (a) to leave them out.
Alex Sobel (Leeds North West) (Lab/Co-op)
There are a number of sewage works on the River Wharfe upstream of my constituency, in the constituency of the hon. Member for Keighley (Robbie Moore)—I see that he is in his place—and we both have bathing water quality issues because of that. It would be useful to know, using the example of Portsmouth that the Minister gave, how the Bill will help us unlock that with Yorkshire Water to ensure that people are not bathing, in effect, with effluent, which is what happens nearly every day on the River Wharfe.
Rebecca Pow
I thank the hon. Gentleman for that intervention. I was proud to be part of getting bathing water designation in Otley. It is the first inland bathing water area that we have designated—we have loads around the coast—and it was a great project. However, he makes a good point, and when we are setting targets for water quality, the bathing water quality issue will very much be part of that.
I turn to Lords amendment 43, which would require that pesticide use in Great Britain can be authorised only if a competent authority is satisfied that there will be no negative effect on the health of honeybees or wild pollinator populations. I am as keen a supporter of bees and pollinators as anyone else here; I garden for wildlife and I do not use pesticides. I listened very carefully to the debate on this issue in the other place, but I am confident that there is effective regulation of pesticides to avoid harm, including to pollinators. We have consulted on a draft national action plan on the sustainable use of pesticides, which aims to minimise the risks of pesticides to human health and the environment. We will publish a final national action plan for pesticides by the end of this year. Central to the plan will be support for integrated pest management. We are supporting a shift towards greater use of IPM techniques. IPM involves designing pesticides out of farming systems as far as possible and includes increased use of nature-based, low toxicity solutions and precision technologies to manage pests, all of which will benefit pollinators.
Jim Shannon (Strangford) (DUP)
I just have a very quick question. It is important that the farming sector and the industry understand pesticides and co-operation in farming, as that happens every day. What discussions has the Minister had with the National Farmers Union, for example, to work alongside it and ensure it does not have any issues?
Rebecca Pow
We work incredibly closely with our farmers. We could not do any of what we are trying to do without bringing our farmers on board. After all, they manage, own or run at least 70% of the land. Many are already doing good really work on integrated pest management. With some of our new grants we have launched for innovation and tech in particular, we will be working with them to go further down this road, especially through our environmental land management scheme, sustainable farming incentive and so on.
Our healthy bees plan 2030 sets out how we will work with beekeepers and bee farmers to improve honeybee health, and we are improving our understanding, including by supporting a national pollinator monitoring programme. Alongside all that, current pesticide legislation requires that pesticide products and their active substances have
“no unacceptable effects on the environment…having particular regard to its impact on non-target species”
which includes impacts on bees and other effective pollinators such as hoverflies, moths and beetles. Risk assessments made for active substances are subject to public consultation and establish the key risks posed by pesticides. We continue to make decisions on pesticide use based on scientific risk assessment.
Turning to Lords amendment 65, biodiversity loss is a defining challenge for our generation and we must act now. This landmark Bill ramps up domestic action, including a requirement to set a legally binding target to halt species decline in England by 2030. The powers under clause 113 and 114 form an important part and support the ambition for domestic nature recovery. We will bring forward a nature recovery Green Paper before the end of the year, which will set out our approach to driving nature recovery in England. It will include consideration of the scope to amend the habitats regulations, as well as broader exploration of our approach to site designations and species protections.
In adapting our approach to nature conservation, I agree we must maintain and enhance protections. The powers have been tightly drafted and already contain strong safeguards. In exercising those powers, the Secretary of State must: have regard to the particular importance of furthering the conservation and enhancement of biodiversity; be satisfied that the changes do not reduce the level of environmental protection provided currently by the habitats regulations; and test this with Parliament and secure its approval through a vote. To be satisfied that there has been no reduction in protections, the Government have also publicly committed to consulting with the office for environmental protection and Government statutory nature advisers. We also remain bound by international nature conservation law and committed to those obligations. Therefore, I see no need for the amendment and I urge the House to oppose it.
Turning to Lords amendments 94 and 95, our world-leading due diligence measures will help to tackle illegal deforestation in supply chains by prohibiting larger businesses operating in the UK from using certain forest risk commodities, produced on land illegally occupied or used. Forest risk commodities are associated with wide-scale conversion of forest. Examples of those commodities include beef, cocoa, leather, soya, rubber and palm oil. This comes as the UK prepares to lead by example at COP26 in two weeks’ time.
Kerry McCarthy
Does the Minister not accept that legal deforestation is becoming as much of a problem as illegal deforestation? If it is deforestation per se of the Amazon, that is a bad thing. Bolsonaro is relaxing the rules in his country, and it is happening in other countries in the region as well, and as a result we are increasingly seeing products entering our supermarket supply chains that are linked to deforestation—there was a story last week about cheese being sold in UK supermarkets. That is bad regardless of whether the Government of the country authorised it or not.
Rebecca Pow
I thank the hon. Lady and take her point, but we have to work with other Governments to bring forward our legislation. Many of these countries—Brazil is a specific example—have protections but, in many cases, are not upholding them. This Bill will have an effect, if we can demonstrate that they are not upholding their protections and our products are coming from there. That all has to be in a transparent survey, and data has to be recorded by businesses, so the onus will actually also be on them, because they do not want to be seen to be selling products that are causing deforestation. We have worked extremely hard to get that provision into the Bill and we believe that it will help to make a difference on this issue.
Given the pioneering nature of the policy, we have included a statutory requirement for a review every two years to make sure that the policy is delivering as intended and that the things that are happening, exactly as the hon. Lady suggests, do not happen. However, conducting a review after just one year of the requirements coming into force, as the amendments require, does not provide sufficient time to understand the policy’s effectiveness.
Simon Hoare
Some months ago, my hon. Friend gave very generously of her time, with officials, to talk to my constituent Jim Bettle about the timber regulations, as she will remember. Can she say when the review of the UK timber regulations is envisaged, because that neatly ties in with what she is talking about?
Rebecca Pow
Yes. My hon. Friend’s constituent came specifically to talk about charcoal and those issues. We have our timber regulations already in place to deal with illegal deforestation. I cannot give my hon. Friend an exact date for any review of that, but I can get back to his office with further details, if he would like.
In simple terms, in respect of the amendments, there would be not be enough data to understand how the legislation impacts against our policy objectives in one year and businesses would just be submitting their first report on the due diligence exercise. We will instead need to focus our efforts in that vital first year on ensuring effective implementation and enforcement and making sure that regulated businesses understand and are meeting their responsibilities under this legislation. That is critical to the regulations having their intended effect.
Alex Sobel
As well as having deforestation goods enter the supply chain in the UK from the Amazon in Brazil, which is of vital importance, they are also coming from West Papua, Borneo, Indonesia and the Congo river basin, and a lot of it is legal, as my hon. Friend the Member for Bristol East (Kerry McCarthy) said. We are seeking trade deals around the world. He do we ensure that businesses and Governments understand their obligations in the trade deals to ensure that we do not have further deforestation not just in Brazil, but in other countries?
Rebecca Pow
I thank the hon. Gentleman for that intervention. Obviously, our businesses will have an obligation under what we set in our Bill, but equally, there is a whole session devoted to this at COP26, discussing exactly the issues that he raises in the wider sphere of agriculture and forestry across the globe. I urge him to follow what happens there.
On Lords amendment 66, I am very pleased to announce that we will be taking action on ancient woodland, thanks to the persuasive arguments put forward by Baroness Young of Old Scone, who has been a champion for ancient woodland, as have many Members of this House. I also put on record the Government’s thanks to the Woodland Trust for its partnership and support in updating the ancient woodland inventory. It continues to champion the need for a detailed and up-to-date inventory of this irreplaceable habitat, which is much needed; I thank the trust for stepping in to do that work. It is music to my ears particularly, because I set up the all-party parliamentary group on ancient woodland and veteran trees with the Woodland Trust when I first came to this place as a Back Bencher. I know that the Secretary of State is also passionate about ancient woodland.
I can also announce that we will undertake a review of the national planning policy framework to ensure that it is being correctly implemented in the case of ancient and veteran trees and ancient woodland. Should the review conclude that implementation can be improved, we will look to strengthen the guidance to local authorities to ensure their understanding of the protections provided to ancient woodland.
Secondly, I am pleased to announce that we will consult on strengthening the wording of the national planning policy framework to better ensure the strongest protection of ancient woodland, while recognising the complex delivery challenges for major infrastructure.
Finally, we will amend the Town and Country Planning (Consultation) (England) Direction 2021 alongside these reforms to require local planning authorities to consult the Secretary of State for Levelling Up, Housing and Communities if they are minded to grant planning permission for developments affecting ancient woodland.
John Redwood
Is the Minister saying that if this change goes through, another HS2-type assault on ancient woodland would not be allowed, whereas the last one was?
Rebecca Pow
What it will mean is that, yes, there will be much more credence given to the value of ancient woodland. At the moment, ancient woodland does not necessarily win, because one can have the infrastructure, or whatever it is, if one can demonstrate that there are wholly exceptional reasons for getting rid of the ancient woodland. This approach will really strengthen the position: it is a really big commitment to ancient woodland, which is like our rainforest. We have to do something about it—and we are, which I hope will be welcomed.
Rebecca Pow
Thank you.
Although I must ask hon. Members to reject Lords amendment 66, I hope that they will support our approach and my announcement today, which will deliver effective action to protect our precious and irreplaceable ancient woodland.
The intention behind Lords amendment 67 is to introduce additional formality to the process for entering into conservation covenants and to require such agreements to contain specific terms. There is a balance to be struck: conservation covenants must be flexible tools and straightforward to create, but they must also be robust. It is important that they are not entered into lightly or without due consideration and forethought—sounds a bit like a marriage contract, doesn’t it?
Having reflected on concerns raised in the other place, and with particular thanks to the Earl of Devon, we acknowledge that an additional layer of formality when entering into conservation covenants would provide some reassurance to landowners. We therefore propose an amendment in lieu to require that conservation covenant agreements be executed as deeds. Government guidance in this space will also be drafted to provide clear support on the relevant formalities required for conservation covenants.
I hope that hon. Friends and Members will support our proposals. I look forward to their contributions.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
Before I start, I want to send condolences and thoughts on behalf of Plymouth to Sir David Amess’s family, his staff and his community. We have seen our fair share of tragedy over the summer in Plymouth, and Plymouth stands with Southend at this time.
Rebecca Pow
I thank all hon. Members for their contributions. It has been a heated session, but I think that shows how strongly we feel about these issues.
I will touch first on storm overflows, which dominated the session. I thank my right hon. Friend the Member for Ludlow (Philip Dunne) for his moving and powerful words, as ever. I have great sympathy with him, because I too have been wading in effluent for quite some time now. I take what he says. We also heard vociferous speeches from the hon. Member for Brighton, Pavilion (Caroline Lucas); my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton); my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory), who truly outlined the complexities of dealing with the storm overflow issue—it is not straightforward and there is not one answer; my hon. Friend the Member for Rushcliffe (Ruth Edwards), who was very clear in what she said; my hon. Friends the Members for Stroud (Siobhan Baillie) and for Keighley (Robbie Moore); and the hon. Member for Westmorland and Lonsdale (Tim Farron).
I have listed all the things that we are doing on this issue that were not in the Bill before. This is all new. We have the statutory plan that the Government have to produce on discharges, we have the new duty on water companies to publish data on overflows, we have reporting processes, and the water companies have a duty to monitor water quality. The shadow Minister, the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), also spoke powerfully on this issue. We have had much conversation about it, and I think we are coming from the same place, but I say to him that we also have the drainage and sewerage management plans, which will set out how the water companies will manage their sewerage systems, and the Government have been really clear that we expect storm overflows to be addressed in those plans. That is very clear in the explanatory notes.
One Member asked, “What’s happening right now?” From now until 2025, water companies will invest just over £7 billion on environmental improvements in England, and £3 billion of that will be spent on storm overflow improvements. This work is starting now, and it is really important to flag that. It is not the case that nothing is happening; there is a great deal happening, but there will be a great deal more happening as a result of the Bill.
We believe that new section 141A of the Water Industry Act 1991 introduced by Lords amendment 45 is redundant, and I ask the House to agree to our amendment (a) to leave out lines 7 to 14 of that Lords amendment. I will say, though, that we are listening. We have listened all along and we have acted all along. The Government are absolutely committed to reducing sewage in our water. Nobody thinks sewage in water is a good idea, and I hope we have demonstrated that we have been very strong on that.
Let me quickly correct something that I mentioned about ancient woodland in response to my right hon. Friend the Member for Wokingham (John Redwood), who is no longer in his seat. On the NPPF, in relation to policy under the Town and Country Planning Act 1990, that would not bind decisions under the Transport and Works Act 1992 on hybrid Bills. I just wanted to correct that. However, I can reassure the House that biodiversity net gain will cover nationally significant infrastructure projects. That is very important.
Pesticides were talked about a great deal. We have listened carefully, but I am confident that we have got the correct existing regulations in terms of bees and all our pollinators. I hope everyone agrees that we are bringing through some very strong and exciting measures on the protection of ancient woodlands, which I announced together. I hope the House will support our amendment in lieu on conservation covenants, which will provide reassurance to landowners. We are not supporting Lords amendments 94 and 95. On Lords amendment 65, we will be publishing a nature recovery Green Paper that will set out robust protections for the future.
On those grounds, I really hope the House will support our position tonight. I thank everyone for their contributions to this debate.
Question put, That this House disagrees with Lords amendment 43.
Madam Deputy Speaker (Dame Eleanor Laing)
With this it will be convenient to discuss the following:
Lords amendment 85, Government motion to disagree, and Government amendments (a) to (c) in lieu.
Lords amendments 36 to 42, 44, 68, 76 to 84, and 86 to 90.
Rebecca Pow
I am very happy to finish these proceedings on a really positive note. I am delighted to offer amendments in lieu of Lords amendment 85 to expand the scope of the single-use items charge. Amendment (a) will allow the charge to be imposed on single-use items made from any material, not just plastic. This charge will help us to future-proof the Bill and protect the environment for generations to come by providing a powerful tool to incentivise the right shifts towards more reusable alternatives to single-use items and towards a circular economy. We want to take this opportunity to strengthen our hand and encourage citizens to reduce, recycle and reuse.
I also urge the House to accept the relatively technical amendments made to the Bill in the Lords that will improve both the Bill and delivery. They will support the swifter and more effective implementation and operation of extended producer responsibility measures, allow consistency in enforcement powers for waste tracking in Scotland, and provide clarity on the exercise of search and seizure powers for waste crime. We have also accepted all the recommendations of the House of Lords Delegated Powers and Regulatory Reform Committee, and the remaining amendments implement those recommendations.
Luke Pollard
I am glad that the Minister has listened to the concerns that were expressed about the throwaway economy and the throwaway culture that we have seen. Since the pandemic hit us, much of the progress that had been made in addressing single-use plastics has gone into reverse, with more single-use plastics being used and more being disposed of, including the emerging threat to much wildlife of PPE being disposed of in an inappropriate way. I am glad that the Minister has taken action to listen to the concerns of the Lords, which will now include extension of the single-use charge to other items that accompany this. That is a positive step and Labour Members support her in doing so. I invite her to look again at some of the other aspects around this that we have discussed today.
It is important to finish this Bill soon. It is an okay Bill—it is bit meh—but we do need the measures in it to be put in place soon. I know that it will be considered again by our friends in the Lords next week.
I invite the Minister to have words with those programming Government business to see whether this Bill can be brought back before COP26. Although I would like this Bill to go much faster and further, and although there are bits that are clearly insufficient, it is a step forward. Besides, I know that the Minister has plenty of press releases saying, “Landmark Environment Bill” ready to be sent, and I would hate to think that she would not get a chance to do so before COP26. I would be grateful if she brought forward those measures beforehand, but the Opposition welcome this positive step forward to address our throwaway culture.
Lords amendment 85 disagreed to.
Government amendments (a) to (c) made in lieu of Lords amendment 85.
Lords amendments 36 to 42, 44, 68, 76 to 84, and 86 to 90 agreed to.
Ordered, That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their amendments 1, 2, 3, 12, 28, 33, 43, 65, 66, 94 and 95;
That Rebecca Pow, Selaine Saxby, Heather Wheeler, Ruth Edwards, Luke Pollard, Mary Glindon and Deidre Brock be members of the Committee;
That Rebecca Pow be the Chair of the Committee;
That three be the quorum of the Committee.
That the Committee do withdraw immediately.—(Michael Tomlinson.)
Question agreed to.
Committee to withdraw immediately; reasons to be reported and communicated to the Lords.
Soil Health Action Plan for England
Rebecca Pow Excerpts(2 years, 8 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
This statement follows the recent announcement made by my noble Friend Lord Goldsmith of Richmond Park on 8 September 2021 on the Government’s commitment to publish a new soil health action plan for England and to outline further details on this upcoming plan.
Soil is a rich ecosystem and the soil health action plan will take a natural capital approach to improving its health by considering the numerous biological, chemical and physical attributes of soil. It will support sustainable management of soil by bringing together a range of actions to improve and protect the health of our soil. This will include delivering key ecosystem services and wider benefits and outcomes such as increased biodiversity, carbon storage, food production and flood mitigation. It will also provide certainty to farmers and land managers around the acceptable condition of all soil types.
The action plan will ensure England’s soil is sustainably managed by 2030 demonstrating leadership in delivering a coherent plan for soil health. It will focus on preventing soil degradation and improving soil health, and look at how land management practices and planning can be adapted to help protect soil from the impact of climate change.
The sustainable farming incentive is a key focus of the action plan and will support sustainable approaches to farm husbandry that deliver for the environment and improve soil health. This could include the introduction of herbal leys, and the use of grass-legume mixtures or cover crops. Healthy soil can also support farm productivity.
The action plan will include the development of a healthy soil indicator, soil structure monitoring methodology and a soil health monitoring scheme to help land managers and farmers track the health of our soil over time and the impact of their management practices. These actions will create a robust baseline from which we can monitor improvements in soil health, identify trends and support informed policy decisions, including any future environmental targets for soil health. The action plan will also outline how soil health improvements will help deliver against our wider environmental targets, including our historic 2030 target to halt the decline in species abundance.
The soil health action plan for England will provide a single, strategic approach to achieving these multiple outcomes and driving improved soil health across England, and we currently intend to consult on the framework next spring.
[HCWS326]
Draft Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021
Rebecca Pow Excerpts(2 years, 9 months ago)
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The Chair
Before we begin, I remind Members that Mr Speaker has stated that masks should be worn in Committee—clearly, not when you are speaking. Hansard colleagues would be most grateful if Members could send their speaking notes to hansardnotes@parliament.uk.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
I beg to move,
That the Committee has considered the draft Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021.
It is a pleasure to have you in the Chair this morning, Mr Twigg. This instrument was laid before the House on 20 July. The technical amendments in it amend the Water Industry Act 1991 to reapply provisions to water and sewerage undertakers—generally known as water companies—operating in retail exit areas wholly or mainly England that were disapplied by the Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016. I should make it clear that all the amendments introduced by this instrument are technical operability amendments and do not introduce any policy changes.
The 1991 Act is the principal piece of legislation setting out the duties and functions of water companies wholly or mainly in England and wholly or mainly in Wales. The Water Act 2014 enabled reform of the water sector by extending the scope for competition in the water sewerage market for non-household retail—basically, business services wholly or mainly in England. That market is a devolved matter, and the 2016 regulations applied to undertakers operating wholly or mainly in England only.
The 2016 regulations put reform in place by amending the 1991 Act for water companies whose areas were wholly or mainly in England to establish a non-household retail market for the water and sewerage services supplied by companies to non-household business customers such as food retail companies or housing developers. The regulations enabled water companies to apply to the Secretary of State for permission to exit the non-household retail market in their area of appointment. Subject to the approval of the Secretary of State, the undertaker would exit the retail market by transferring its non-household retail business to one or more operators known as retailers, and would therefore be prohibited from providing retail services to any new non-household customers that arose in its area of appointment. At this time, all of England’s incumbent companies have exited the non-household retail market—Yorkshire Water was the last to exit, in 2019.
The retail market is still in its infancy. However, the new retailers serving businesses across England with water services are making significant progress towards building a thriving market for retail services. The Department for Environment, Food and Rural Affairs is reviewing progress in the business retail market through a post-implementation review of the retail exit regulations.
The opening of the retail market was the biggest change to the water sector in more than 25 years and created the largest competitive water retail market in the world. That underlines the Government’s commitment to markets underpinned by strong, independent regulation that protects customers and the environment. Yet, as is the case with many new endeavours, there is more work to be done to ensure that the market achieves its full potential and that our legislation supports its further development. Our post-implementation review will look in the round at progress since market opening.
In this instrument, I invite Members to approve technical amendments that would overcome a small but important barrier to the efficient functioning of the business retail market. The main retail services provided to non-household customers—that is, businesses—through the retail market are billing and administration services. However, with the opening of the market, it was envisaged that the retailers could also provide developer services to housing developers. Those services primarily concern connections to water and sewerage services for new developments that are part of the developer’s business until their construction is completed and residents are living and working on the estate. The residents then transfer as customers away from the retailer to the water companies.
The 2016 regulations enabled developer services to be part of the market through the removal of some of the 1991 Act duties on water companies operating in the retail exit areas. DEFRA recognised that some developers might still wish to work with a water company for the new connection services, and we anticipated that developers choosing that route would make their own contractual arrangements with the company. However, in subsequent discussion with Ofwat and the water industry, it has emerged that contractual arrangements are not straightforward—surprise, surprise. They also do not sufficiently replicate the provisions in the 1991 Act that had previously applied, and do not enable Ofwat to determine any complaints from a developer about the service the water company provides. Retailers are largely choosing not to be part of this new service—the developer services market—because of the technical nature of the services. Most residents of new developments are also household not retail customers, so there are limited new retail customers once the connections and so forth have been made.
The first reapplication—that is what we are talking about today—is section 41, which concerns the water company’s duty to provide a water main for the water supply in a retail exit area. That enables the developer to request the service from the water company directly, and the water company to provide it without reference to the retailer, although the developer can still use the retailer if the retailer offers a service.
Section 45 is reapplied, and concerns a duty to make a connection with a water main for domestic supply in a retail exit area. As with section 41, the retailer can also provide the service. Section 52 is also reapplied, by way of reapplying section 45. The duty in it concerns domestic water supply and the water company maintaining the connection between the water main and the service pipe. It applies only in relation to premises connected under a connection notice made under section 45. We are therefore talking about provision, connection and maintenance. Section 98 is also reapplied, and concerns the duty to provide a public sewer or lateral drain.
Reapplying those duties means that they once again become functions of the undertaker in retail exit areas—undertakers being, for example, water companies. They also reapply other powers to the water companies with regard to the laying of pipes, the timescales for doing so and the maintaining of those pipes.
We have also modified the provisions so that if a developer first approaches the retailer for the service, and the retailer chooses to undertake it, the developer cannot then change its mind and ask the water company to provide the services directly to them.
Much liaison has gone on over these issues with the water companies, retailers, Ofwat, Water UK and operators, and there has been a consensus that the provisions that the regulations reapply are much needed.
The Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee have formally considered this instrument and approved it. In line with the published guidance, there is no need to conduct an impact assessment for the instrument, because no, or no significant, impact on the private or voluntary sectors is foreseen as the instrument relates to the maintenance of exiting regulations. Finally, the territorial extent of the instrument is England and Wales, and its territorial application is England. On that note, I commend the draft regulations to the Committee
Rebecca Pow
I welcome the shadow Minister to her first Delegated Legislation Committee. I know—I will not say I fear—that we will meet many more times. I have at least 40 provisions coming my way, so you may also have the pleasure, Mr Twigg. I thank the hon. Lady for her comments, and I welcome the fact that the Opposition support the regulations and recognise that they are much needed and technical. They are more of a formality to keep the important provision of our mains water and sewerage connections running smoothly.
The hon. Lady referred to sustainable development, which is something the Government are mindful of, especially in DEFRA, which is working closely with the Department for Levelling Up, Housing and Communities on that agenda to ensure that whatever we build is built sustainably with the environment in mind. That is why it is so important that we get water and sewerage connections right. I will not go on about that further, but I could. There is a lot in the Environment Bill on such issues.
We have not received particular intel about a negative impact on businesses so far, because the water companies have stepped in to carry out the role even though, legally, it was not actually in their power. They did not have to do it, but out of the generosity of their hearts they have carried on doing it. That is why it is important to make this tweak and put the duty formally in legislation.
The shadow Minister asked, sensibly, whether the regulations will have an impact on bill payers. Ofwat is the regulator of the water companies, and the Government give guidance to Ofwat, and there is always the proviso of considering the cost to the bill payer and, similarly, to look after vulnerable customers. There are strict criteria to help vulnerable customers, and we are always mindful of them. I hope that provides some reassurance.
I thank the shadow Minister for her support for the regulations. The debate has highlighted the complexity of the water industry and the legislation that governs it, and this is only a tiny part of it. The SI makes no change to the water retail policy for developer services: it will just enable us to refine our legislative approach to delivery. As I have outlined—colleagues said they had some two-hour speeches prepared, but I hope that all their questions have been answered—all the changes are technical operability amendments that are required to ensure that we can continue to operate the regulations and the retail market. I commend the draft regulations to the Committee.
Question put and agreed to.
Real Fur Sales
Rebecca Pow Excerpts(2 years, 9 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
Of course I will, Ms Rees. I thank my hon. Friend the Member for Bury South (Christian Wakeford) for bringing this debate, and all other hon. Members who have spoken today. It is obvious from the speeches and all those interventions that there is great strength of feeling on this topic. I spoke on it myself as a Back Bencher when I was in the all-party parliamentary group for animal welfare. Similarly, the support for the early-day motion that my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) has tabled shows the strength of feeling.
We know that we are a nation of animal lovers. We were the first country in the world to pass legislation to protect animals, and we have developed a lasting legacy of improving and enhancing animal health and welfare. I do not think anyone in this room would deny that. Since 2010 we have banned the use of conventional battery cages for laying hens, made CCTV mandatory in slaughterhouses, modernised our licensing system for dog breeding and pet sales, introduced the popular Finn’s Law, banned the commercial third-party sales of puppies and kittens and led work to implement humane trapping standards. However, we do have the opportunity to do more and go further. Animal welfare is an absolute priority of the Government, as I think that raft of measures demonstrates.
We have outlined our aims and ambitions for improving animal welfare in our action plan, published on 12 May. We have introduced landmark legislation in this Session that will recognise animals as sentient beings in UK law, and we are establishing an expert committee to ensure that animal sentience is considered as part of policy making. We have launched the Animal Welfare (Kept Animals) Bill, which will introduce new powers to crack down on puppy smuggling, a ban on the live export of animals for fattening and slaughter, a ban on keeping primates as pets, and new powers for police to provide greater protection to livestock from dangerous and out of control dogs. I think Members will agree that it is an impressive list.
As Members know, fur farming has been banned in England and Wales since 2000 and in Scotland and Northern Ireland since 2002. There are also restrictions on some skin and fur products that cannot be legally imported into the UK. Those include fur and products from cats and dogs and sealskin products from commercial hunts. There is a small exemption there for subsistence seal farming by individual groups. We have established controls on fur from endangered species protected by the convention on international trade in endangered species—CITES—and we do not allow imports of fur from wild animals caught using methods that are not compliant with international humane trapping standards.
However, it is still possible to import other types of fur from abroad. In our action plan for animal welfare, the Government committed to exploring further action in this area, which we are free to do now that we have left the EU. I wanted to stress that point particularly, and it has been mentioned by a number of Members today. Bear in mind, as well, that some nations in the EU still have fur and mink farming and so on. We are building a strong evidence base on which to inform any future policy, noting information from a range of sources, including industry associated with the fur trade and notable retailers who have recently gone fur free. A list was mentioned just now, but they include the likes of Adidas, H&M, Lacoste, Mango, Marks & Spencer, charities and other organisations, as well as a range of fashion designers including Stella McCartney, Vivienne Westwood, Prada, Armani, Burberry and Chanel. I am sure lots of hon. Members and hon. Friends are wearing some of those brands today, because it is Second Hand September; I am.
Alex Davies-Jones
The Minister makes the important point that high street retailers and consumers want to do the most ethical thing by buying items marketed as faux fur or synthetic fur, but when tests are carried out unfortunately it turns out they are real fur, because it is cheaper to use real fur than faux fur. Can the Minister outline what she is doing to counteract this? Consumers think they are doing the right thing, but we need to make sure that they really are.
Rebecca Pow
That point was raised by a number of Members today, including the hon. Members for Rutherglen and Hamilton West (Margaret Ferrier), for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), who is no longer in her place, and for Kingston upon Hull West and Hessle (Emma Hardy). It is a good point and the Government recognise the moral concern that some consumers have about whether the fur is real and whether labels are correct.
Information has been given to businesses requiring them to be accurate and not misleading. Labelling that contains false or misleading information, or omits material information that consumers need to make an informed decision, is prohibited. The textile labelling regulations require that the presence of fur and other non-textile parts of animal origin, such as leather and pearls, are labelled. We have a clear system and if anyone feels there is a breach it should be reported to the Citizens Advice consumer service.
Tracey Crouch
The Minister may well be aware that a Humane Society International and YouGov poll has shown that 93% of the British population do not want to wear fur. While I press her to ban the import of fur, will she also please sit down with the British fashion industry and encourage it to take a lead on this issue across the world as well?
Rebecca Pow
I thank my hon. Friend for that; it is a good point. I work with the fashion industry on a range of issues, not least recycling and fast fashion. When I speak to them about those issues I will be pleased to make reference to that point as well.
I was asked about faux fur. I have a faux fur jacket, but I am now afraid to wear it in case anybody thinks it is real. It is clearly faux fur and has all the labelling, but I have steered away from it.
Moving on, we are building a strong evidence base. We published our formal call for evidence on the fur trade on 31 May. That was a key step in helping us to improve our understanding of the sector and we have received an incredible 30,000 responses from businesses, representative bodies and individuals, demonstrating the strong feeling in this area, as many have suggested today.
Officials have been analysing the responses that we have received and we have been engaging directly with stakeholders in order to further the Government’s understanding of the sector. That has included meeting with industry representatives and the British Fur Trade Association, as well as animal welfare groups, such as the Humane Society International. We will use all the evidence to inform any future action on the fur trade. A summary of responses to the call for evidence, setting out the results and any next steps in the policy, will be published at a later date.
As ever, we will work closely with the devolved Administrations, and the formal call for evidence on the fur sector in Great Britain was published jointly with Scotland and Wales. As was pointed out earlier on the international front, the matter is devolved, but the call was published together.
Olivia Blake
It sounds as though the Minister has a collection of information to inform her, but it is unclear when the matter will be considered again. Is there a timeline for when a law could be brought forward?
Rebecca Pow
As I just said, we received an awful lot of data—30,000 responses that must be ploughed through in the correct manner—so we will publish the results at a later date.
Touching on the disease issue raised by several hon. Members, the emergence of covid and its global impact reminds us of the importance of interactions between humans, animals and the environment. That is another reason why we need to work together to understand better how our behaviour, supply chains and cultures can change those interactions and create risks. The Government are committed to building a clear body of evidence on that, because it is really important.
To wind up, I hope that Members here will understand that I am not in a position to announce any next steps on the fur trade, and it is vital that any future policies are based on robust evidence. I hope that past action and recently introduced legislation demonstrate this Government’s clear commitment to treat our animals in the right way. I listed the many measures that we have brought in recently, many of which also address unacceptable practices abroad. We have an opportunity to set a clear global sense of direction, including on international conservation and trade. I thank my hon. Friend the Member for Bury South for securing today’s debate.
Environment, Food and Rural Affairs
Rebecca Pow Excerpts(2 years, 9 months ago)
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Rebecca Pow
The Government are moving on the issue, which I am sure hon. Friends and hon. Members will understand, because we are moving towards a recyclable, reusable, compostable era, with all plastic waste hopefully being of that nature by 2025…We have already introduced one of the toughest bans on microbeads and microplastics anywhere.
[Official Report, 8 September 2021, Vol. 700, c. 158WH.]
Letter of correction from the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Taunton Deane (Rebecca Pow):
Errors have been identified in my contribution to the debate.
The correct information should have been:
Rebecca Pow
The Government are moving on the issue, which I am sure hon. Friends and hon. Members will understand, because we are moving towards a recyclable, reusable, compostable era, with all plastic packaging waste hopefully being of that nature by 2025…We have already introduced one of the toughest bans on microbeads anywhere.
Plastic Waste
Rebecca Pow Excerpts(2 years, 9 months ago)
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This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
Thank you, Ms Rees. It is a pleasure to have you in the Chair. I am really pleased to be in this very important debate in Westminster Hall. As colleagues know, I take the whole issue of plastics very seriously indeed. I thank my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn) for bringing the issue to us. Clearly, there is an awful lot of synergy in the room on the issue, as there is from the public. I get a lot of letters from schools, as we all do. It is good that there is so much interest in this agenda, which we take very seriously in Government.
My hon. Friend mentioned that the issue is not just about what we do with waste at the end; it is about not producing it in the first place, and I will touch on that. That is why we have a lot of targets. We have already set targets to reduce the amount of waste sent to landfill to 10% by 2035, and an overall target of zero avoidable plastic waste of any kind by 2042—a point touched on by the hon. Member for Swansea West (Geraint Davies). That does not mean that we will wait until then; we have a raft of measures in place to tackle the issue long before that. The Government are moving on the issue, which I am sure hon. Friends and hon. Members will understand, because we are moving towards a recyclable, reusable, compostable era, with all plastic[Official Report, 13 September 2021, Vol. 700, c. 6MC.] waste hopefully being of that nature by 2025. We are committed to transitioning to a circular economy.
Rebecca Pow
I will not give way, because I think I have answered the hon. Gentleman’s question, and I want to get through the many points that have been made.
We have already introduced one of the toughest bans on microbeads and microplastics anywhere.[Official Report, 13 September 2021, Vol. 700, c. 6MC.] We have had the 5p carrier bag charge—now the 10p charge. As has been highlighted, that has cut down dramatically on the number of single-use plastic bags being used by supermarkets. We have extended it to small producers. I love the image of juggling the baby and not taking a bag. I have done the same, but I always take my Somerset Willow wicker basket with me. Everyone should have one—support local traditions.
We have also restricted the supply of single-use plastic straws, stirrers and cotton buds, and we will go much further than that shortly, because we are consulting on banning single-use plastic plates and cutlery, and polystyrene drinks containers. In that consultation, we will ask whether there are similar things that we should be working towards. I know that there is an awful lot of pressure relating to the EU single-use plastic directive, but we will be addressing all that and more. Indeed, we are tackling a whole lot of other issues that have not even been tackled yet by that directive. For example, we are looking at textiles, because a lot of textiles produce microfibres. There is an awful lot that we are working on.
Innovation and research have been touched on. We have established a £100 million package for research and innovation to deal with the issue of plastic waste. That includes £38 million through the plastics research and innovation fund and £10 million through the resource action fund to innovate in recycling and in tackling litter, which was touched on by my right hon. Friend the Member for Chipping Barnet (Theresa Villiers). Talking of science, she touched on oxo-biodegradables, an issue that has been raised with me and that I have had meetings about. As a result of a call for evidence on this, and the review by the Hazardous Substances Advisory Committee on oxo-biodegradable plastics, we are minded to consult on a ban on those materials. That is the latest update that I can give her on that.
Plastic pollution is not just a problem for our country. That is why we have worked to support the Global Ghost Gear Initiative, the Commonwealth Clean Ocean Alliance and the tide turners plastic challenge badge, helping hundreds of thousands of young people tackle plastics in their communities. Through the £500 million Blue Planet Fund, we are investing in, among other things, the Global Plastic Action Partnership.
We are ready to go further, and that is why we are calling for a new global agreement to co-ordinate action on marine plastic litter and microplastics. Just as we had in Paris for climate change, we believe we need an international agreement on these types of plastic pollution. The majority of UN members are already on board, so when we come together at the UN Environmental Assembly next February, I hope that other nations will join in with this.
Geraint Davies
Is the Minister sympathetic to the EU’s idea of a carbon border tax, whereby we tax imports of plastic? The implication is that the cost of plastic would go up and consumption would go down.
Rebecca Pow
I thank the hon. Gentleman for that. I heard what he said in his speech. All issues are being discussed. It is not something that we are particularly focusing on right now.
The export of plastics was touched on by the hon. Member for Birmingham, Hall Green (Tahir Ali) and by the shadow Minister. We have committed to banning the export of waste to non-OECD countries, and we are working with other global partners to implement our obligations under the Basel convention and the OECD decision on waste. We have a robust system, run by the Environment Agency, for compliance and tackling any illegal exports of plastic. It is doing increasingly focused work on that. At a national level, I am sure the shadow Minister will be pleased to hear that we are committed to tackling waste crime, mandatory electronic waste tracking and the overhauling and improving of the carrier, broker and dealer regime. We are moving on with that very shortly. This was mentioned in the Environment Bill as well, as she knows. Our comprehensive electronic waste tracking system will help regulators to identify illegal and non-compliant activity.
What next? Many councils are already doing great work on recycling. We are determined to learn more, and to ensure that every household can recycle easily, as my hon. Friend the Member for South West Bedfordshire (Andrew Selous) mentioned. We have myriad different systems, but clarity will be key, as well as guidance, because the Environment Bill requires a core set of materials to be collected by every council, to make recycling easier across the board.
We will seek powers under the Bill to introduce the deposit return scheme that so many hon. Members mentioned. It would apply to drinks containers of multiple materials—not just plastic—including packed plastic bottles. That has been very successful in other countries, as we have heard. We have consulted on the all-in-one and on-the-go systems, and we are analysing all that information.
On the digital DRS system, we have a lot of trials running on technology, because we have to harness that. There could be real opportunities there for systems in busy places such as transport hubs—railway stations and so forth—as well as shops. I know Scotland has been working away on the deposit return scheme. I think it has already been delayed and a review is under way, so we will watch how Scotland proceeds with interest. We have the extended producer responsibility scheme, introduced under the Environment Bill. That has a special focus on plastic packaging, because it is the most littered item. We will ensure that companies that place plastic packaging on the market will cover the costs of disposal, rather than passing it on to the taxpayer, which is what happens at the moment.
In addition, from April next year, the plastic packaging tax will impose a charge of £200 a tonne on plastic packaging with less than 30% recycled content. It is estimated that that will lead to 40% more recycled plastic used in packaging by 2022-23, which will cut carbon emissions by 200,000 tonnes. I think all hon. Members and friends will agree that that will be significant; it will make a big difference to our moving in the right direction, and it will happen very shortly.
My hon. Friend the Member for Carshalton and Wallington mentioned incineration. In October 2020, we legislated to include a permit condition for landfill and incineration operators, which means that they cannot accept separately collected paper, metal, glass or plastic for landfill or incineration unless it has gone through some form of treatment process first and that is the best environmental outcome.
I hope this demonstrates how many measures are under way and will be coming forward shortly to help us to reach all those targets and to tackle this issue, which I think we all agree is a scourge. We must do something about it, but we genuinely are moving at great speed in the right direction.
Impact of Floods in North Westminster
Rebecca Pow Excerpts(2 years, 9 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
As ever, it is a delight to see you in the Chair, Sir David.
I thank the hon. Member for Westminster North (Ms Buck) for securing this important debate. The issue has clearly affected so many people’s lives, as we saw in the news during the summer. I pay tribute to all those who helped: the emergency services, and in particular the Environment Agency and the fire services, who really led on this emergency.
My heart goes out to all those people who suffered; I come from Somerset, so I know about flooding. I have also visited a great many people around the country, so we know how devastating flooding can be for people. I do not underestimate what it is like, and nor do the Government: we have doubled flood funding to £5.2 billion in the next spending period, which will put in place more than 2,000 new defences around the country.
The hon. Member for Westminster North has focused very much on surface water flooding, and in the new Budget we have escalated the importance placed on that issue. Approximately a third of that spending will be on surface water flooding schemes, so although it did not help the hon. Lady this July—although there are some schemes within her constituency—that issue is going to receive much greater emphasis going forward, and rightly so. Surface water flooding is the most widespread form of flooding in England, with around 3.2 million properties at risk. As the hon. Lady pointed out, the effects of climate change combined with population growth mean that we are expecting more of these related issues.
However, everybody—not just the Government—has a responsibility for managing water effectively. In England, the statutory responsibility for managing flood risk falls to the risk management authorities, including the Environment Agency and the lead local flood authorities. The Environment Agency has a strategic overview role for all sources of flooding, and although it does not lead on surface water flooding, it does provide support and advice on risks and facilitates effective partnerships.
I have just been on a visit to Merseyside and West Yorkshire, and have seen some very good examples of those partnerships working to get over some of the problems that people are facing. The lead local flood authorities—county and unitary councils—have the lead operational role in managing all local flood risks, including surface water, and are responsible for identifying the risks and managing them as part of the local risk management strategy. Alongside this, the highways authorities have responsibility for the road network, which includes highway and road drainage maintenance, and water and sewerage companies are responsible for maintaining the public sewer network to ensure that the area is well drained.
As the hon. Member for Westminster North said, we saw devastating flooding this summer, not just in Westminster but around the world. Here, we had those incidents in July and August: the Met Office recorded over a month’s worth of rainfall in just a few hours, and the localised nature of the downpours meant that certain areas were incredibly badly affected while neighbours were not affected at all. It was quite extraordinary, as I think the hon. Lady will agree. The flooding witnessed in north Westminster was primarily due to surface water. This kind of event occurs with extreme rainfall, where the water simply cannot drain away as quickly as it is arriving.
Ms Buck
I want to stress one of the central points of the argument: Thames Water built a £17 million flood alleviation scheme, completed just six years ago, to deal with exactly this problem in exactly this area, yet it failed catastrophically. We have been unable to get Thames Water to properly respond to us about why that happened—whether it was a planning issue or an operational one. That is one of the key things that I would like the Minister to help me get Thames Water to respond to.
Rebecca Pow
I thank the hon. Lady for that intervention, and I hear what she says. Measures were put in place when the Met Office gave its warnings, but of course it was all so quick: the fire brigade swung into action, but those things that the Environment Agency could whizz into place, such as trash screens, just could not cope with that flooding or the sewage overflows and so forth. That is what the Thames tideway tunnel project is going to address, and I have a meeting with those involved later this afternoon. However, the hon. Lady is right that questions need to be asked about that new development. As she referred to, a big public meeting was held with Westminster City Council after the flooding.
Rebecca Pow
I will just finish this bit and then give way. There were lots of people—the council, Thames Water, the Environment Agency and so forth. They have committed to doing this independent review, which is crucial. As Minister, I need to wait until we hear the consequences of that review and the Westminster section 19 investigation before making any further comments. I will be looking at that with interest and I will be happy to have a conversation with the hon. Lady when we have got that, because we do need to get these things right.
Of course, Ofwat is the regulator and Government set the policy. We are working on our draft policy statement to Ofwat for the next period and will be highlighting surface water flooding more than ever before, along with things like water quality and the whole sewage issue. We are doing a lot on that in the Environment Bill, as I am sure the hon. Lady knows.
Andy Slaughter
I am grateful to the Minister for allowing me to intrude. Thames Water has told me that the tideway tunnel, which is very welcome in preventing pollution going into the Thames, would not have helped in this situation. It would only have helped properties very near to the river, because this was high tide and therefore some water would have been let through. It would not have helped my hon. Friend the Member for Westminster North or most of my properties that way.
What would have helped is the Counters Creek flood alleviation scheme, the £300 million project which went down the middle of Kensington and Hammersmith and would have protected those two boroughs. That was cancelled by Thames Water and has not taken place. Will the Minister accept that we need an inquiry into why that did not happen and what can now be done to prevent exactly the same properties flooding on a regular basis?
Rebecca Pow
Of course, many different schemes are underway, but the Thames tideway tunnel is the biggest scheme we have taken part in for decades. It will address serious issues around mixing of the waters and sewage overflows in times when we get these extreme weather events. It will make a big difference. I will put your points to them this afternoon.
All flooding projects are ranked and rated according to properties protected, delivery and so forth. There is strict protocol for that. The Environment Agency is involved in trying to find out what happened at this incident. It took part in a resilience forum after this event and is very engaged in advising and helping.
I want to take the opportunity to talk about surface water. It is pertinent, because we just published an updated report on surface water management, setting out progress in delivery of our surface water management action plan. David Jenkins did an independent report on surface water and drainage responsibilities. Key highlights include Government funding to provide better surface water flood risk maps in 28 lead local authority areas by summer 2022. That site list will be crucial to the areas mentioned and those across the country, so that people know what is happening. That is what the hon. Gentleman is getting at, I think. We need a clear view of what the situation is on the ground, what is working and what else needs to be done. These flood risk maps will be really important. Improved mapping will provide over 3 million people with more detailed information about local surface water flood risk.
The Met Office and the EA are scoping out a new approach to provide faster communication for surface water flood forecasts when an incident is deemed likely, which would be helpful since people need to react very fast. Water and sewerage companies are working with other risk management authorities to produce drainage and waste water plans, ensuring that drainage and sewerage systems are resilient to withstand these future pressures. Again, Thames Water will have to do that, and it is working on that now. The Government are making these plans a statutory requirement through the Environment Bill. Weirdly, that was not statutory before, and it will be important to looking at the issues the hon. Member for Westminster North is dealing with. We are considering right now the guidance and reporting necessary to ensure timely action in areas with greater surface water flooding problems.
Alongside all that, the Government are investing more in actions to mitigate surface water flooding overall. In April 2020, we made a change to the partnership funding arrangements, which are already having an effect. In July, we published our investment plan over the next six years, which includes £860 million in investment this year to boost design and construction of more than 1,000 schemes. We are aware of the big issue and more than a third of those will tackle surface water flooding, including in London, with two schemes in Westminster. They are the Kilburn Park Road surface water scheme, which should be completed by March 2022 and will better protect 44 properties, and the Upbrook Mews surface water scheme, which should be completed by March 2025.
Alongside that, I have been given assurances that Thames Water is also taking action through its surface water programme. That is investing £3 million in partnership with five local authorities and will be investing a further £1.5 million through a wider call for projects. That project could come under the scope of the reference made by the hon. Member for Hammersmith (Andy Slaughter). It will help better manage surface water entering the sewer network and enable the implementation of a sustainable drainage system, while also creating green spaces and amenity value, because a lot of that is also linked to the schemes. I have seen some of the schemes and they are extremely welcome in neighbourhoods; they make the whole neighbourhood look and feel better while having the double-whammy achievement of helping to sort out the flood risk, the drainage and so on.
We are also working with 25 local authorities across England, investing £150 million in place-based resilience innovation projects. Some of those will include mitigating surface water and flood risk, and the outcomes will be shared with other local authorities and risk management authorities, so they can learn from those projects and—if we find something that particularly works and would apply, for example, to Westminster or Thames Water—adopt some of those measures.
In addition to the Government’s investment, water companies will be investing more than £1 billion between 2020 and 2025 to reduce the impact of flooding on communities across England and Wales. They have proposed an additional £2.7 billion of environmental investment through the Government’s green economic recovery fund. Some of those projects have been accelerated, partly owing to the impacts of covid and the lockdown, because there were so many spin-offs from those sorts of projects. A lot of those include measures such as blue-green infrastructure, natural flood management and partnership working at a catchment scale, which is important. It is not just about what is happening outside our door, but where that water is coming from and what has affected it further up the catchment. That still applies to all the London areas as well.
The Environment Agency works with lead local flood authorities to manage surface water flood risk through strategic planning, supporting the development of projects, access to Government flood and coastal erosion risk management funding and access to regional flood and coastal local levies. The regional flood and coastal committee levy plays an important role in the financial support for the development of the lead local flood authorities—all those titles are very wordy, are they not, Sir David? That can help fill the funding gap outside the direct legal lead local flood authority funds and the grant in aid, as well as paying for Thames flood advisers to provide additional service on scheme development. I know the EA teams are working with the Greater London Authority, Thames Water, Transport for London and the local authorities on sustainable urban drainage systems, flood risk, water quality and all those measures.
Our ambition is to make a nation more resilient to future flood and coastal erosion and work to manage and mitigate the effect of surface water flooding will continue at pace. I hope I have demonstrated that I mean business about this, as do the Government, contributing towards implementing the flood and coastal risk management policy statement. We are working with stakeholders on all of this. We will be undertaking a review of maintenance responsibilities to examine whether existing local buyers are efficient in ensuring local assets are maintained and expertise is shared across authorities. I think the hon. Member for Westminster North will be interested in that.
We are also reviewing with the Ministry of Housing, Communities and Local Government the policy for development in areas of flood risk. Finally, the storm overflows taskforce will make recommendations on lots of those issues as well as sustainable drainage and the sewage outlets. I hope I have demonstrated my commitment. I am always very happy to talk to the hon. Lady and I thank her for raising the subject today.
Question put and agreed to.
11.30 am
Sitting suspended.
Establishment of the Office for Environmental Protection
Rebecca Pow Excerpts(2 years, 9 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
As the Environment Bill starts Report stage in the House of Lords today, I am making this statement on the actions taken and commitments made to establish the Office for Environmental Protection (OEP) as an independent body, given the significant interest from Members of both Houses.
This Government were elected on a manifesto that committed to setting up a new independent environmental body in the OEP, which will help ensure that our high environmental standards are upheld.
OEP independence
The Environment Bill includes several provisions to enshrine the OEP’s independence in law. These include a specific duty on the Secretary of State when exercising his or her functions to have regard to the need to protect the OEP’s independence.
The Bill also states that the OEP must prepare its own strategy that sets out how it intends to exercise its functions. The OEP is required to lay this strategy before Parliament to allow for proper scrutiny and transparency. The Bill also requires the OEP to act objectively and impartially. In addition to the protections that the Bill provides, the Government have made several commitments to ensure the OEP’s operational independence.
OEP appointments
The Office for Environmental Protection will be included in the schedule to the Public Appointments Order in Council and non-executive members will be independently regulated by Her Majesty’s Commissioner for Public Appointments. The Bill also requires that the OEP Chair be consulted on all non-executive appointments.
The Equality and Human Rights Commission took a similar approach as its board members are appointed by Ministers. The Commission has had an “A” rating as a national human rights institution from the United Nations since 2009, based partly on its independence and autonomy from Government.
The appointments of the OEP chair designate and non-executive members designate have already been made, following a regulated public appointments process, which will also be followed for future appointments.
The Government took the necessary steps to ensure that the role of chair was listed as a significant appointment with the Commissioner for Public Appointments, providing an added level of scrutiny and independence in the recruitment process. The Environment, Food and Rural Affairs and Environmental Audit Committees conducted a pre-appointment scrutiny hearing before the appointment of Dame Glenys Stacey as OEP chair designate. I am happy to confirm our intention that future chair appointments should follow a similar process, ensuring fairness, accountability and independence in the future.
The appointments that have already been made demonstrate that the OEP will have the relevant expertise it needs to operate as an effective independent body. As a further safeguard, Parliament can choose to call any member of the OEP board to provide evidence in relation to their suitability for appointment once they have taken up their post. The Bill also requires that the OEP chair be consulted on all non-executive appointments, and that the executive members be appointed by the OEP board alone, with the chief executive appointed by the non-executive members—or the chair in the case of the first chief executive—after consultation with the Secretary of State.
OEP finance
To give the OEP robust financial certainty over the coming years, the Government have committed to providing it with an indicative five-year budget which will be ringfenced within each spending review period. This approach follows the model of the Office for Budget Responsibility and is consistent with international best practice, strengthening institutional independence through delegated budgetary autonomy.
I have agreed with HM Treasury the budget for the OEP’s first year of operation. This will be reviewed after the first 18 months of operation, which will ensure an evidence-based approach to the future OEP budget. The OEP must also include an annual assessment in its annual report and statement of accounts whether it has received sufficient sums to carry out its functions, which must be laid before Parliament.
OEP guidance
The OEP has an unprecedented remit: its principal objective will be to contribute to environmental protection and the improvement of the natural environment, and it will be able to take enforcement action against all public authorities, including local authorities, regulators and central Government Departments. It is for this reason that the Government feels that a guidance power is necessary—the OEP must be impartial and independent, but not unaccountable.
This guidance power will not be used—indeed, it cannot be used—to intervene or direct the OEP in decision making about specific cases. Furthermore, recognising the strength of feeling from Parliament on this issue, we have introduced an amendment for Lords Report to enable additional parliamentary scrutiny of any draft guidance. Under the new amendment, the Secretary of State will be required to lay a draft of any guidance before Parliament and respond to any resolutions or recommendations made by either House and parliamentary Committees before producing the final guidance. This would supersede and strengthen the provision in clause 25(4), which currently requires the Secretary of State to lay before Parliament and publish any guidance.
This Government are committed to establishing the OEP as an independent body to contribute to environmental protection and hold public authorities to account. It will be a body built on international best practice and tailored to our domestic context, and we are committed to ensuring it can be legally established as soon as possible following Royal Assent, to begin delivering benefits for people and the environment.
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