Oral Answers to Questions

Rebecca Pow Excerpts

Thursday 1st February 2024 Commons Chamber

[Tim Loughton (East Worthing and Shoreham) (Con)]

4. When his Department plans to bring forward legislative proposals to ban the sale of horticultural peat.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

This Government are absolutely clear about the need to end the use of peat products in horticulture in England. The use of peat has halved since we signalled that in 2020, and in August 2022 we announced that we would ban the sale of peat for use in amateur gardening. We remain committed to legislating for that when parliamentary time allows. In the meantime, we are continuing to work with the industry to explore ways to help it transition completely to peat-free working.

[Tim Loughton]

UK peatlands store over 3 billion tonnes of carbon, which is more than all the forests in the UK, France and Germany combined. The Government were right to bring in proposals for a ban, but that was back in 2022 and we have had no primary legislation yet. The Royal Horticultural Society, which is committed to being 100% peat-free, says that 40% of the industry is waiting for the legislation, so it can get on with a ban across the whole sector. The industry wants to do it, but it needs the legislation urgently.

[Rebecca Pow]

I too have met the RHS, and went to see its wonderful experiments on peat-free products very recently, some of which the Department for Environment, Food and Rural Affairs put money into. This Government are committed to ending the use of peat in horticulture in England, and we will legislate as soon as parliamentary time allows. I can assure my hon. Friend that in the meantime we are working closely with those who want peat-free mediums, as well as the businesses supplying those growing mediums. A wide variety of work is going on, including research and experiments. As I have said, peat use has halved, and my hon. Friend might be interested to know that the Forestry Commission promises to go peat free—

[Mr Speaker]

Order. I call Jim Shannon.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for that very long response. Peatlands in Northern Ireland are extremely important. They absorb water and moisture and improve the habitat. This question is as important in this House as it is to us in Northern Ireland. Given that the Northern Ireland Assembly will hopefully be up and running again, will the Minister have discussions with the Department of Agriculture, Environment and Rural Affairs Minister, to ensure that we can work together for the betterment of all?

[Rebecca Pow]

Peatlands are such an important habitat, so it is important that we work together. That is why we are putting huge amounts of money into restoring peatlands in the uplands and the lowlands, and we have just increased our sustainable farming incentive payments for that. Farmers can get more than £900 a hectare to start to re-wet peat.

[Mr Speaker]

I call the shadow Minister.

[Mr Toby Perkins (Chesterfield) (Lab)]

I agree entirely with what the hon. Member for East Worthing and Shoreham (Tim Loughton) said. We welcome the Government’s intentions on peatland, but the idea that this Government, after 14 years, is so fizzing with new ideas that they do not quite have the parliamentary time to get on with acting on those intentions is, candidly, laughable. Will the Minister tell us what is actually happening? We were expecting legislation in this year’s King’s Speech, but it is not there. There is an urgent need for it, and it is supported by industry. Will the Government just get on with implementing one of the few popular policies they have left?

[Rebecca Pow]

The hon. Gentleman should look at what we are doing on peatland; I have just mentioned it. There is all the work to restore peatlands, both upland and lowland, and all the work on pilot projects so that farmers can transition to new crops to grow on peatland. We have committed to banning the use of peat when parliamentary time allows.

[Dr Neil Hudson (Penrith and The Border) (Con)]

6. What steps he is taking with Cabinet colleagues to help ensure public safety from dog attacks.

--- Later in debate ---

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

9. What steps his Department is taking to help reverse biodiversity loss.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

This Government have created a whole framework for restoring nature through our legally binding Environment Act 2021 targets, which include our world-leading commitment to halt the decline of species by 2030. We are accelerating action towards that through our environmental improvement plan. It is a shame I was not asked about this by the shadow Minister, but we have restored an area of wildlife habitats the size of Dorset, we have a network of marine protected areas, 5 million trees were planted last year, we have 55-plus landscape—

[David Simmonds]

Ruislip, Northwood and Pinner is home to many incredibly important sites for biodiversity, as are many of our London suburbs. Does my hon. Friend agree that the new Riverside park delivered by Harrow council in partnership with the Hatch End Association is a good example of projects that support biodiversity in our suburbs?

[Rebecca Pow]

My hon. Friend is a great champion for his local area. He is absolutely right; we are working with a range of local partners and people to put nature at the heart of what we do. I cannot commend Harrow council and the Hatch End Association enough for their work—they are putting in an apple orchard, wetlands and wildflower meadows, which are a superb addition to his already beautiful constituency.

[Samantha Dixon (City of Chester) (Lab)]

Environmentalists such as those at Chester zoo were shocked to see that the Government have ignored the advice of their own experts and authorised the use of neonicotinoid pesticides for the fourth year in a row. Will the Minister tell me how that is line with our national and international obligations to reduce the overall risk from pesticides, and how it reduces our biodiversity loss?

[Rebecca Pow]

The hon. Lady will know from reading the details of the derogation that those pesticides will be used only if they hit the criterion; in many cases, they never do.

[Sarah Dyke (Somerton and Frome) (LD)]

10. What assessment he has made of the adequacy of Environment Agency funding levels in the context of recent storms.

Protecting and Restoring Wetlands

Rebecca Pow Excerpts

Wednesday 31st January 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

What a wonderful wetland-busting speech that was. But I expected no less of my hon. Friend the Member for Stroud (Siobhan Baillie), who is not only a wonderful advocate for her constituency but a particular advocate for the Wildfowl and Wetlands Trust and—as has been pointed out by some of our colleagues—for all things wetland, helping to embed this subject in our parliamentary agenda. She is fortunate to have in her constituency the wonderful wildfowl and wetland centre at Slimbridge. I am a bit envious, but actually I have the Somerset levels in my constituency, which is itself an internationally recognised wetland, so we have a great deal in common.

I thank my hon. Friend for what she has laid out today and for making the case for more attention for wetlands. I will pick up many of her points but I also want to convey that we are already doing a great deal for wetlands. As we have heard, the term covers a multitude of areas, from the huge internationally protected sites right down to the garden pond. That point was well made by the previous Minister, my hon. Friend the Member for Copeland (Trudy Harrison). I want to talk about what we are doing, while obviously recognising that there is almost always more to do. The importance of wetlands is recognised by the very fact that people have stayed for the Adjournment debate, which is not always the case, so thank you to them.

These ecosystems are not just landscapes of natural beauty and biodiversity; they are also critical to our mission to restore nature and to hit our climate change targets. I am going to lay out the things that we are already doing and the things that we are working on. A year ago, we published our environmental improvement plan, which set out the Government’s ambitions to improve the environment for the whole nation. Those commitments are underpinned by our legally binding Environment Act 2021 targets, including our apex target to halt the decline of species by 2030. This should not be taken lightly; it is a globally leading target. It is pretty phenomenal to have committed to setting such a target in law. We have also committed to creating or restoring over 500,000 hectares of wildlife-rich habitats by 2042.

Internationally, at the most recent convention on biological diversity, COP15, the UK was at the forefront of efforts to secure another ambitious agreement, to protect 30% of the world’s land and oceans by 2030, including through the conservation and restoration of freshwater habitats. We have heard today about the freshwater volunteers working in the Forest of Dean—[Interruption.] Apologies, the New Forest. Those volunteers recognise the importance of the habitat in their area in the constituency of my right hon. Friend the Member for New Forest East (Sir Julian Lewis). In December we furthered our commitment to freshwater wetland habitats at the United Nations framework convention on climate change, COP28, by signing up to the international freshwater challenge. We are also a proud member of the international Ramsar convention on wetlands. Across the UK, including the Crown dependencies and overseas territories, we protect 175 internationally important Ramsar sites. That is more than any other country in the world.

I want to add something that we have done through the environmental improvement plan and the national adaptation plan. We will be establishing a UK wetland inventory in support of the Ramsar convention. This involves mapping where these varied wetlands are, which will inform our actions to restore them, improve them or add to them. That will be very beneficial, and it is something that many people have been calling for. These wetland sites have received enhanced protections that reflect their importance. We have given them the same protections as our country’s most precious sites—our protected habitat sites—to prevent damage by applying rigorous environmental assessments. Our commitment in England is to get 75% of our protected sites into favourable condition by 2042. That will benefit large swathes of these wetlands, and much restoration work will be included in that.

The UK’s wetlands represent some of our nation’s most precious and sensitive habitats, providing a wonderful place for wintering and breeding habitats for wetland birds. We have had a big list, and I am going to add to it. I saw many birds at Slimbridge last week: the black-tailed godwits; the curlews; the beautiful Bewick’s swans; the golden plovers, although I took issue with the wonderful guides who work there because the plovers looked more brown than gold, but the guides said that the sun had to be shining to see the gold; and the wonderful lapwings, which I love—we used to call them peewits at home, on the farm where I grew up.

Those birds are all there at the Slimbridge Wetland Centre, which must be commended for its work and the fantastic advice it gives visitors, regardless of their level of knowledge. I do not know if you are a keen birder, Mr Deputy Speaker, but even if you are not, you would be inspired because the guides point out the most amazing birds flying in and out, and flying in flocks. It is captivating, as my hon. Friends have laid out—a natural treasure.

Wetland habitats are incredibly diverse, from blanket bog to aquatic marginal areas, reedbeds to riverine habitats. They make a huge contribution and restoring them is critical to hitting our targets. We have launched 12 landscape-scale nature recovery projects over the past two years, half of which include wetland habitats within wilding mosaics. As has been said, quite a lot of that money has come to Somerset, including some significant grants for Shapwick Moor and sites in my constituency and that of the hon. Member for Somerton and Frome (Sarah Dyke). Those grants will help to restore worked-out peatlands, which have dried out and are haemorrhaging carbon, by rewetting them, and also enable work with farmers to raise the water table to have wetter feet. Basically, we are getting back to the original state of the peatland—the wetland.

Those projects are supporting species recovery and building resilience against the impacts of climate change. In total, such projects cover something like 200,000 hectares, so a significant amount is already going to restoring those wonderful sites. We are about to announce the successful bids to our £25 million species survival fund grants, which we launched last year. A range of those projects will restore more habitats, including wetlands. Half of the projects funded by our £14.5 million species recovery programme capital grant scheme will support the recovery of wetland habitats and species such as the wonderful lapwing and black-tailed godwit, as well as mammals such as the water vole and white-faced darter. I know that has sparked the interest of Mr Deputy Speaker. As has been said, 10% of our species live in wetlands, so it is important that we look after them and help those that are in decline.

Our countryside stewardship schemes pay for actions to create and manage reedbed and fens. At the recent Oxford farming conference in January, as part of the new environmental land management schemes, we are updating these actions to better reflect the costs and income forgone for all farm types to create and maintain those important habitats. That has resulted in increased payment rates. For example, the previous rate of £35 a hectare for management of a fen has rocketed to £920 a hectare, which has been extremely well received. In addition, we are making these offers less prescriptive and more flexible about how they achieve the intended outcomes. That will help to incentivise the creation of new wetlands, contributing to our outcomes for biodiversity, water quality and net zero.

Beyond their crucial role as a home for our wildlife, we recognise the invaluable ecosystem services that wetlands provide, including water quality and management, carbon sequestration and public wellbeing. All of those have been ably referred to during the debate.

[Siobhan Baillie]

There is even more going on than I had understood. Returning to my point about a UK strategy, over 50 other countries have a strategy for wetlands. As I said, I will take a manifesto commitment, but will the Government be willing to look at what those other countries have done? A lot of the work has already been done, so could we make a commitment to ensure that we bring together all that focus down the line? That would make a lot of people very happy.

[Rebecca Pow]

I thank my hon. Friend for that point. We work widely on the international stage. Indeed, some of our Blue Planet fund and our Darwin fund go to working on wetland areas internationally, particularly restoring mangroves and work on climate change. We are already doing a great deal, but we can always learn from other countries. It should be a reciprocal learning process, and we will continue to work like that.

Through our plan for water, which was launched last year to tackle pollution, water pollution, storm overflows, agricultural pollution, plastics pollution, road run-off, chemicals and pesticides, work is going on to create wetlands to help solve those problems. Work is also under way in a number of catchments on wastewater treatment works to take out the phosphates, which are affecting some of the wetlands. Therefore, we are taking out the nutrients, but we are enabling the creation of nature-based solutions, including wetlands, to help clean the water as well, and that was also well referred to.

Wetlands can also play an important role in reducing flood risk through natural management. I am talking about the creation of wetlands to reduce and slow the flow of water. Back in September 2023, the Environment Agency and DEFRA announced £25 million of funding for improving flood resilience through these nature-based solutions.

I just want to touch on sustainable drainage systems, which, oddly, are a subject very dear to my heart— I have banged on about them since I was on the Back Benches. We are making big progress on the SuDS, as my hon. Friend will know, working with the Department for Levelling Up, Housing and Communities. Getting SuDS into all our developments can make such a big difference. Basically, SuDS are like mini wetlands within our urban habitats that can take the water and the run-off. They have myriad advantages in slowing the flow and reducing flooding, which is so nature diverse. I had a wonderful visit this week to the Bentley housing development in Finsbury Park, not very far away. All around the tower blocks were these SuDS, but they just looked like beautiful wetlands, which in fact is what they are. Many companies are already using them, and we are moving as a Government to get to that stage where SuDS have to be an integral part of our developments.

Wetlands can play an important role in addressing both the causes and the effect of climate change. That is why DEFRA is funding £300,000-worth of projects this financial year, to measure and verify the carbon storage potential of saltmarsh habitats, which, again, was raised by my hon. Friend. That will allow private investment to be leveraged through the saltmarsh carbon code. Basically, that means that a standard will be verified for carbon credits and for saltmarsh, which will then trigger a market and private finance can then be leveraged, much as we do with the peatland code. That is on the way, and I believe that is also one of my hon. Friend’s asks.

The Nature for Climate Fund is aiming to deliver the restoration of approximately 35,000 hectares of peatland by 2025. That is an area the size of Staffordshire. Somerset and many other areas are getting some of that money. This represents a tripling of historical average annual restoration funds for these areas. A great deal of that funding is going to the great north bog, a huge area that is currently being restored.

The England peat action plan sets out a strategic framework to improve management and protection of upland and lowland peatlands. We must not forget that all of those areas are basically wetlands. They are only effective wetlands when they are in a healthy state—basically wet—which is why we have to do this restoration work.

In the net zero strategy, we have committed to the aim of restoring approximately 280,000 hectares of peatland in England by 2050. That is building on that 35,000 hectares, which is well under way. And the £80 million green recovery challenge fund has also been a cornerstone in our efforts and has contributed to funding a range of nature-based solutions for climate mitigation and adaptation, including riverine, coastal, floodplain and grazing and marsh habitats. That fund, as many in this Chamber will know, was set up during covid to help with lots of the effects and to get people out into nature and the countryside, but also to create skills and jobs, and it is extremely successful.

We also recognise, as has been mentioned, the huge importance of improving access to both our green space and our blue space—blue space obviously being nature areas or space where there is water. Just what that means to us has been very eloquently outlined—my hon. Friend the Member for Copeland (Trudy Harrison) and others touched on this. That point was very well made, and it is why this Government are investing a great deal in access to nature, which includes both blue and green space. Through our projects and committing in our environmental improvement plan to a world where everyone should not be further than a 15-minute walk from nature, including wetlands, we are embedding all this into what we do. Today is a great day because we are one year on from the start of our environmental improvement plan and we are celebrating all the great things that we rolled out over this year for the environment, although with more to do, because we have a framework, we have a plan and we have the targets.

This is not only about Government money; we are driving to attract money from the private sector into all this investment in nature and nature recovery. That is a latent and expanding market and there is significant opportunity for wetlands in that space. We have already stimulated investment in wetland protection and through creating programmes such as our natural environment investment readiness fund, whose third round was launched in December. That offers grants of up to £100,000 to help farmers start some of these projects—re-wetting, re-establishing wetlands, and finding out what crops they can grow in these re-wetted wetlands, and what viable markets they might be able to tap into.

I want to thank everybody who contributed to this debate—there is genuine and huge interest in wetlands in Parliament in every party. I recognise the work that my hon. Friend the Member for Stroud has done; she is a tremendous advocate, and I have listened closely to the points she has made. I think she admitted that we are doing a great deal more than she realised; that is because we recognise the importance of our wetlands. It is World Wetlands Day on Friday, and I hope everyone will be celebrating. People can watch my Instagram, with all those wonderful pictures from Slimbridge. I thank her very much again for her contribution on wetlands.

[Mr Deputy Speaker (Mr Nigel Evans)]

What a lovely and fascinating debate to end the day on. Thank you and congratulations.

Question put and agreed to.

Hedgerows: Legal Protection

Rebecca Pow Excerpts

Wednesday 24th January 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

It is a pleasure to have you in the Chair for this fascinating debate, Ms Elliott.

We have our differences, but here we are obviously all true hedgerow lovers, having all got up to get here for the 9.30 am debate on hedgerows. All of us present can be proud of the hedgerows in our area, as well as our stone walls and the other beautiful and iconic features of our landscapes. I thank my hon. Friend the Member for North Devon (Selaine Saxby) for securing this important debate. She is passionate about hedges and has done a great deal of work with the CPRE, whose information I have read; I know that a number of other Members present are also hedgerow champions with the CPRE. Of course, I also thank the former nature Minister, my hon. Friend the Member for Copeland (Trudy Harrison), for all she has done on hedgerows. She has shared a great deal of knowledge with us this morning.

I grew up on a Somerset farm, and hedgerows are something that was ingrained in me, which is why I have been working very hard in the Department to ensure that we have the full understanding of hedgerows. We have great officials working on this as well; the Department does recognise the importance of this issue.

The farm I grew up on was mixed livestock: we had dairy and arable rotations and so forth. My father, Michael Pow, who very sadly died just over a year ago, was a great planter of hedgerows. Wherever he went out in the Land Rover—I was very often with him, because we were constantly moving cattle from field to field—he would carry bits of baler string, which he would put round trees and hedges to mark them so that the hedge cutter left them and they would not get cut. We now have wonderful standard trees growing out of the hedges on the farm. My father was way ahead of his time in that he cut the hedges only every other year, to leave one side to grow, which is what we are advising farmers to do now, decades on! When I go home to the farm, it is just a burgeoning froth of blossom of hawthorn, as someone mentioned, blackthorn and all the other wonderful blossoms. The National Trust runs a wonderful occasion— I do not know whether it is a day or a week—to recognise blossoms in the hedgerows. They are so valuable to wildlife.

Members really do not have to tell me how important hedgerows are, because I absolutely recognise that. The Government recognise that too. Many colleagues have mentioned the benefits we get from hedges: they provide habitats and wildlife corridors; they are great for holding the soil and stopping water run-off; they are wonderful habitats for our pollinators to shelter and hibernate in; and of course they sequester carbon. Interestingly, hedgerows were not planted for those reasons; started off as boundaries to keep our livestock in, but they have morphed into this wonderful feature that brings so many more benefits. They are so important to our landscape. They have also become important as we adapt to climate change, because they are part of our net zero commitment. They store carbon, and they are really valuable for that.

It is for all those compelling reasons that our environment improvement plan is supporting farmers to create and restore 30,000 miles of hedgerows by 2037, and 45,000 miles by 2050. That will enable all of those multiple benefits to be multiplied even more. We have calculated how much carbon can be sequestered by all those hedges, and we have the figure for 2037. It is interesting that my hon. Friend the Member for North Devon mentioned that her own Liberal Democrat council has failed its net zero target on hedges. It should probably look to its hedges and to see what it could do to get there. My hon. Friend is right: hedges can make a real difference on that agenda.

I will run through the strong legal protections for hedges that we have in law already. The Hedgerows Regulations 1997 prohibit the removal of most countryside hedgerows, or parts of them, without first seeking approval from the local planning authority. Important hedgerows with wildlife, landscape, historical or archaeological value cannot and must not be removed, and local authorities have powers to act should anybody break the law. Also, all wild birds, their eggs and their nests are protected under the Wildlife and Countryside Act 1981, which prohibits killing, injuring or taking wild birds or taking or damaging their eggs and nests. Taken together, those legal protections safeguard most countryside hedgerows and farmland birds.

However, as we leave the EU’s common agricultural policy and move to our new and, I would say, better system for paying for environmental benefits, we have considered whether we need additional protections to manage hedgerows in law. As my hon. Friend the Member for North Devon mentioned, we ran a consultation last summer asking stakeholders how best to protect hedgerows through effective, proportionate regulation as we leave behind the EU’s cross-compliance system, with which the Labour party is still very much aligned. The response to that consultation should not be a surprise to anybody here, because it showed how much members of the public and farmers share our love for English hedgerows. We received almost 9,000 responses—a huge amount. It will be published imminently—the shadow Minister asked about that—but the information in it has already been looked at and used to inform the recent rise in SFI payments.

We are analysing all the data. There was overwhelming support from farmers and non-farmers alike for maintaining our legal protections. The support and enthusiasm for good hedgerow management shown in the responses from the farming community—from both individual farmers and the industry—show how much hedgerows are valued.

We have to trust farmers to do the right thing. There have been one or two damning comments today about farmers wanting to rip out hedgerows, spray all over them or plough right up to them, should there be a tiny window in which the protections are slightly different from what they were under the EU system. I live among farmers; that is how I grew up, and my husband was an agricultural auctioneer. We have to trust them. As has been said, they are the custodians of the countryside. It is disingenuous to suggest that the farming community will go out and spray, or plough right up to, hedgerows after they have created these wonderful buffers with burgeoning wildlife.

[Tim Farron]

The Minister is talking to a straw man. I do not think anybody here has said what she suggests. A number of us have said that if farmers are pushed into a situation where they have no other source of income, they will make decisions that they do not want to, but nobody has said any of the things that she mentioned.

[Rebecca Pow]

We have to be careful. There is a suggestion that what I said might happen if there is a gap. I certainly got that impression from one or two comments, but that may not be how the hon. Gentleman understood them, and his point is on the record.

We recognise the importance of the legal protections in place to prevent any of the concerns that I outlined. We do not want any of those things to happen. Those concerns come from both stakeholders and farmers. I want to make it very clear that, as a result, we will seek to regulate to maintain hedgerow protections as a matter of priority, when parliamentary time allows. That is the rabbit that I am pulling out of the hat today. I hope that will be welcome news, because I think we all agree that this is a priority. We want to make sure that regulation is fair and proportionate to farmers. That has been very clear in all our consultations. We want to get the support of farmers, and we want them to comply with the law where they have to; but we want to work with them, not against them.

The hon. Member for Somerton and Frome (Sarah Dyke) mentioned that advice is important. Advice is critical, so that farmers know what they have to do. There must be guidance that ensures that they can protect hedgerows, and we should reserve sanctions for the most serious offences. On many occasions when I have been out and about, particularly in farming areas and protected landscapes where designated advisers were working with farmers, I have seen how useful it is for farmers to have someone to talk to. I met an adviser recently in the Kent downs area of outstanding natural beauty—now called a national landscape—who was an ecologist. She said that meeting and chatting with farmers was the best way to encourage them to sign up to the levels and different options in the SFI. It can seem a bit scary, or feel like there is too much paperwork, but we have simplified the whole scheme; we have listened to our farmers on that point.

There was a bit of negativity from the hon. Member for Somerton and Frome about the increased payment levels that we have just given for hedgerows. I thought she might have welcomed that. Although they have all gone up, we need to remember that farmers can apply for lots of different levels. It is not just one sum; they can get a sum for recording the hedgerow, a sum for managing it and so on—there are various amounts that will add up, given all the other things they can apply for in the SFI. The idea is that cumulatively the scheme will be attractive; we really want farmers to understand that and apply.

[Daniel Zeichner]

I loved the Minister’s reference to “burgeoning froth”. I think it could be her epitaph, frankly, because this is burgeoning froth. Will she tell us how many people, of the 80,000-plus who were protected through cross-compliance, have picked up on SFI and are receiving it as we speak?

[Rebecca Pow]

That is a good point. First, let us look at what is happening in our other schemes; this is not just about SFI. We have seen a huge appetite for our country- side stewardship schemes. There are now 49,000 miles of hedgerow that have one or both sides managed under the countryside stewardship or environmental stewardship options; and famers have already signed up for 2,300 agreements, including 5,474 hedgerow actions.

Lots of farmers have opted to do a number of actions through the SFI. Remember that this is a new scheme; farmers are rolling off their countryside stewardship schemes on to the new scheme, which is expanding every day. The best thing to do is to be positive and encouraging, rather than negative and damning. I think the former nature Minister, my hon. Friend the Member for Copeland, would agree that we need to be positive about what is going on. This is a new, positive scheme. Please encourage farmers to apply for it, because the money and the options are there. We want our farmers and land managers to make the most of their hedgerows, and we support them in taking actions such as assessing and recording hedgerow condition, rotational cutting, and even leaving some hedgerows uncut altogether, which is obviously great for our nature and wildlife, and for those frothing, burgeoning hedgerows full of blackthorn and hawthorn. As I have said, farmers and land managers created or restored 8,450 miles of hedgerow through countryside stewardship capital grants, which is a great addition to our reaching our targets.

I have a few minutes left to cover some other points. The hon. Member for Leeds North West (Alex Sobel) made a good point about skills. We obviously need skills; we are aware of that and have a green jobs taskforce, with which I am involved. Through a lot of our tree strategy and action plan to plant trees, we have a big focus on skills, training and apprenticeships, including Forestry Commission apprenticeships; new funding of £4.5 million from the nature for climate fund was put towards this issue. Last year, 1,000 people undertook training in skills connected with trees, which inevitably includes skills connected with hedgerows. That is really ramping up. Those people will be out there, working together, and able to help and advise on schemes.

[Trudy Harrison]

There has been an awful lot of good discussion about the importance of farming, but could I draw the Minister’s attention to the importance of encouraging gardeners? There are 30 million or so gardens and gardeners in the country already bringing benefits, but they could do even more to plant and protect hedgerows in those gardens. She recently visited RHS Wisley, which I have also visited. I was blown away by the knowledge of Professor Alistair Griffiths there, who talked about the physical and mental benefits of horticulture. I would also like to draw attention to the work of the Horticultural Trades Association and the all-party parliamentary group on gardening and horticulture in this area.

[Rebecca Pow]

That gives me a great opportunity to talk about gardening; I used to be a gardening presenter and journalist. In my garden, I garden for wildlife. My hon. Friend makes such a good point. Our gardens in this country equate to a million hectares of land. Think how important that is as a wildlife habitat. I urge everyone to look after nature in their gardens and plant those trees. They should also take part in the big garden birdwatch, as mentioned by my hon. Friend the Member for North Devon.

The shadow Minister was somewhat damning about nature, but we have a plan for nature. I cannot work out what Labour’s plan for nature would be. It is all very well to keep saying that Labour will integrate its approach, but we do not know where its £28 billion, which keeps being bandied about, is coming from. We have a plan, which started with the Environment Act 2021 and the targets set in it, and includes the environmental improvement plan, which has been so well referenced by colleagues. That is a plan with a framework and targets. Without targets, there is nothing to aim at. The targets inform the policies.

Intense work continues at DEFRA on the biodiversity targets. We have to gather all the evidence on insects, birds and plants. That is an ongoing enormous task that is ever-changing, but we are doing that, day in, day out, to inform our policies. Where we need to tweak polices—for example, if we need to up the SFI payments for a certain sector that is not delivering enough for nature while also producing food—we will be able to do so. That is the beauty of this system. Nobody else has a system like this; it is globally leading. It is very complicated, because it involves nature and is ever-changing. It is not as easy as, for example, dealing with emissions from industry. A bit of credit for that would be welcomed. People out there need to understand that we are on the side of nature, and we genuinely think we could hit the target of halting the decline of species, if we got everything lined up in the right place, and had the positivity of parliamentarians behind us.

There was a quick reference to Dame Glenys Stacey’s report. I say to my hon. Friend the Member for North Devon that since that review, our work on regulation has responded to many challenges. There has been a huge amount of work on how we make farming regulation clearer, fairer and more effective—issues to which she referred. The Government have not published a formal response to Dame Glenys’s report. However, in both the agricultural transition plan published in 2020 and the recent update published this month, we outline our vision for a regulatory system that helps the vast majority of farmers who want to and try to do the right thing, and supports them when things go wrong.

We have already made a lot of improvements to the regulatory system—improvements that farmers genuinely wanted. We have had a lot of engagement with farmers, stakeholders and the National Farmers Union in particular. The improvements include: reducing unfair penalties for farmers’ minor errors, which is something that annoyed them about the CAP system—I am sure that the shadow Minister would agree; removing duplication of standards to make the system clearer for farmers; reducing administrative burdens and paperwork; and implementing a more preventive approach to monitoring and enforcement.

There is a huge amount of synergy in the room on the issue of hedgerows, which I think we all agree are very important. The Government are committed to introducing protections for hedgerows when parliamentary time permits. For me, they are a priority. I thank everyone who has taken part in the debate, particularly my hon. Friend the Member for North Devon, who is a great champion for hedgerows and will remain so.

Border Target Operating Model: Health Certificates and SMEs

Rebecca Pow Excerpts

Friday 19th January 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

I thank the hon. Member for Walthamstow (Stella Creasy) for securing this important debate. As she will know, the upcoming implementation of the first phase—I stress that it is the first phase—of the border target operating model is a really important milestone for the UK and reflects a long period of intensive work across Government. I am pleased to have the opportunity to talk about what is in place and to address some of the issues that the hon. Lady raised, but I am sure she will accept that she had a very long list of questions. I will do my best to answer them, but if I do not cover them all, I will ensure that she gets some written answers. I hope that is acceptable.

Introducing biosecurity controls on imports is not optional. Now that we have moved away from the EU’s rigid biosecurity surveillance and reporting systems, we are responsible for protecting our own biosecurity from threats such as African swine fever, which is really serious for our pig industry, and Xylella, which would be terrible for our plant communities in this country. Such threats could devastate UK industries and cause significant damage to the environment, public health and the wider economy. The hon. Lady is absolutely right that geography matters; that is why we are taking the issue so seriously. We have to keep these threats out of our country.

Biosecurity controls are also essential to protect our exports and our international trading interests. Our trading partners want to be reassured that we maintain the highest biosecurity standards. We have the option to introduce additional controls if there are diseases that we really need to get a grip on. As I am sure the hon. Lady will know, we introduced some additional measures on swine fever back in 2022, which shows how importantly we take the issue.

The overall ambition of the border target operating model is to introduce robust, risk-based controls that protect biosecurity while reducing administrative and cost burdens for importers. Recognising that the introduction of these essential new controls could pose challenges for businesses, we developed the border target operating model in extensive consultation with industry, including many small and medium-sized enterprises, as I am sure the hon. Lady is aware. During that design phase, some 10,000 participants joined our many stake-holder events, we received 200 written responses to our invitation to comment through our online portal and we had over 650 detailed responses at focus sessions with food retailers and producers, the logistics sector and many others.

We have responded to the feedback that we received, as will be evident in the implementation of the first phase of the border target operating model from 31 January this year. For example, we have designed a new certification logistics pilot to support the movement of goods from hubs in the EU. We have provided further facilitation and guidance for importers using groupage models—the hon. Lady referred to groupage models, where a lorry delivers a whole lot of different models in one lorry—in terms of moving sanitary and phytosanitary goods into the UK, in order to make the system of certification more streamlined.

The phase approach implementation will allow businesses time to familiarise themselves with the new requirements before full implementation, on 30 April this year. The measures will make the process of complying with the sanitary and phytosanitary controls easier for a wide range of businesses, including SMEs. For example, the certification logistics pilot will allow certain businesses moving goods by groupage to use a single export health certificate from the point of origin through to the goods arrival in Great Britain. Amendments and simplification of export health certificates will mean individual certificates can now cover multiple types of animal products, which should help some of those groups such as dairy or cheeses.

Over the long term, as promised when we published the UK 2025 border strategy in 2020, the border target operating model will introduce a range of technological advances to ensure a fully 21st century border that facilitates UK trade. The development of the single trade window will make the process of importing to the UK simpler and more streamlined, enabling importers to meet their border obligations by submitting information only once.

To clarify, the single trade window will be coming in later. As I am sure the hon. Lady knows, the platform is being developed and His Majesty’s Revenue and Customs is working on that. Ultimately, the border target operating model achieves the lowest regulatory obligations for businesses, consistent with the need to protect biodiversity and public health, in addition to facilitation from better use of technology and data. That is achieved through a more proportionate approach to risk.

We have already removed import health controls for fruit and vegetables, such as citrus and mangos, which are either not produced commercially in the UK or present a negligible risk. The hon. Lady referred to vegetables; lots of vegetables have been looked at to come up with a simpler system. I have checked and if it is seen that a risk might arise to do with any of those commodities, such as vegetables in particular, we have a right to change that later .

For low-risk animal products, as a matter of routine we will require only electronic prenotification, which is already in place. Low risk plant produce, such as fruit and vegetables, with no specific disease or pest risk associated, will be removed from import health control requirement altogether. For example, cucumbers and gherkins are classed as low risk. On all high and medium risk goods, while we will retain health certification and physical inspection, more UK-specific targeted risk categorisation allows for lower inspection rates than under the EU model, while documentary-only checks will be performed remotely.

As a result, the additional costs to businesses associated with the new system—the BTOM—are substantially less than they would have been if we had extended the inherited EU model to all of our imports. Compared to the original import model that was scheduled to have been introduced in 2022, we believe that the new model will reduce costs to businesses by around £500 million per annum, by reducing the complexity and volume of paperwork associated with the importing.

I have time to refer quickly to a couple of questions.

[Stella Creasy]

rose—

[Rebecca Pow]

The hon. Lady asked a whole range of questions, which I can skim through. Shall I do that first?

[Stella Creasy]

It might help if I clarified which particular questions, as I recognise that there are many there.

[Rebecca Pow]

The hon. Lady mentioned that she has had a number of letters from and exchanges with Baroness Neville-Rolfe on the whole data issue. As has already been conveyed to her, it was decided that His Majesty’s Government would be unable to release the full inputs of the modelling that were included in the data because some of the sources are commercially sensitive, particularly in relation to other ports and so forth. I think she was probably going to ask me about that again.

In terms of food price inflation, initial analysis has indicated that the policies introduced would lead to an approximate increase in consumer food price inflation of less than 0.2% over a three-year period. We also have to consider the potential cost of a major disease outbreak, such as foot and mouth, which would have far more serious consequences. The 2001 foot and mouth disease outbreak cost about £12.8 billion in 2022 prices: £4.8 billion to the Government and £8 billion to the private sector. We have to look at all that. The Government’s modelling on the inflationary impact of the border target operating model has been undertaken through a peer-reviewed econometric model; there has been a huge amount of modelling. I hope that answers that question.

[Stella Creasy]

Can I be critical? We are talking about something that is potentially coming in in 12 days’ time. I recognise that I gave her a long list of questions because there is so much that comes from this policy. Let me give her three that we would really appreciate a direct answer on. First, what checks will be done in 12 days’ time at our border on the lorries? Will there be any checks at all on the health certificates? Secondly, what will the common user charge be in April, in 100 days’ time? What will businesses have to pay to import? Thirdly, will she say on the record, here and now, that there will be no impact on food pricing or food availability in the UK as a result of these policies—yes or no?

[Rebecca Pow]

On the last question, I have given the hon. Lady the information on what our modelling highlighted about the potential approximate increase of food price inflation: less than 0.2% over a three-year period. In terms of checks on lorries at ports from January, health certificates will be needed on medium and high-risk goods. There will be a change in the pre-notification methodology, but not on introduction of the new requirement. A sample of remote documentary checks will be required on some medium-risk consignments. Obviously, we will still be educating and working with businesses about what they need to do and how to comply.

We will definitely write to the hon. Lady if there is any further information because the issue is very detailed, and it is hard to try to race through the answers here. I thank the hon. Lady for raising these issues. Obviously, this is a whole new regime for businesses to get used to. I think I have laid out that it is a much simpler system—more transparent and risk based—and that it was based on a great deal of consultation. I shall leave it there.

[Stella Creasy]

Can I just put on the record on behalf of British business—this is mad? We are talking about something that is happening in 12 days’ time. Trucks do not know whether they will need to provide a PDF of the check at the border. In 100 days’ time, there will allegedly be a charge, but nobody knows what that charge will be, so nobody can factor that into their costs, let alone—

[Rebecca Pow]

Can I just intervene—

[Mr Deputy Speaker (Sir Roger Gale)]

Order. One at a time, please.

[Stella Creasy]

If the Minister can tell us what the charge will be—please, do let us know.

[Rebecca Pow]

I just want to put on the record that the common charge is not set yet. We have consulted on a rate and will be publishing the rate immediately. There will also be no checks on the border, and documentary checks—as I said, actually—will be remote. There is going to be no stopping of consignments.

[Stella Creasy]

So there we have it: in 12 days’ time, businesses will have to pay for these certificates, but they will not be asked to provide them, and in 100 days’ time they might have an extra cost but they do not know what it is—

Pet Abduction Bill

Rebecca Pow Excerpts

2nd reading
Friday 19th January 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

First I must congratulate my hon. Friend the Member for Southend West (Anna Firth), and thank her for bringing forward this incredibly important Bill. It really shows the best of us as parliamentarians when we can have a debate like this; it brings us all together.

It is something of a challenge on a Friday to see whether we can get in as many pet names as possible, and I think we have excelled ourselves today with the naming of pets, including, of course, the 14 cats that Granny Meow looked after. We have also had many mentions of that wonderful event, Westminster dog of the year; I have come second in that competition a number of times, and not even with my own dog. I am a bit of a fraud because I borrowed one from one of the amazing charities, but it was to help to highlight that great and useful event. I also want to add my comments on the wonderful Sir David Amess, who did so much on animal welfare in this House. I am so pleased that my hon. Friend is following in his footsteps.

The Bill seeks to recognise the inherent difference between pets as sentient beings and pets as inanimate objects, as they would be seen under the criminal law on theft. I am really proud to say that it was this Government who introduced the Animal Welfare (Sentience) Act 2022, which cemented the legal recognition that vertebrate animals are sentient beings. The critical thing about this Bill is, of course, that it recognises that the sorts of stolen pets we are talking about are basically family—that is how I think my hon. Friend so ably put it—and all the emotions surrounding our pets.

At the outset, I pay tribute to all colleagues who took part in the debate, which has been tremendous, showing so much knowledge, expertise and love of our pets. We have had cross-party support, with the hon. Members for Walthamstow (Stella Creasy) and for West Ham (Ms Brown) joining in. I thank them for their support.

I also thank all our colleagues for their support: my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), who did such a great job on the pet theft taskforce; my hon. Friend the Member for Wolverhampton North East (Jane Stevenson), who raised that issue of widening this legislation to other animals in the future—she knows that is an option in the Bill; my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald), who has great knowledge and expertise, having taken through Finn’s Law, which we have heard about; and my hon. Friend the Member for Bury North (James Daly). I know his Pets (Microchips) Bill is coming up, but I want to say that the microchipping reform we plan to take forward will contribute to addressing some of his Bill’s aims, so I hope that gives him some assurance.

We heard from my hon. Friend the Member for Stoke-on-Trent Central (Jo Gideon) and, of course, my right hon. Friend the Member for Suffolk Coastal (Dr Coffey), who did so much on animal welfare when she was Secretary of State in the Department. Since she raised the question of commencing this legislation as soon as possible, I should put on the record that it will indeed be commenced as soon as possible, within three months of the Bill’s receiving Royal Assent. I hope that gives her some reassurance about our absolute intention to get speeding on with the Bill.

I do not have much time, but I was not surprised that the shadow Minister, the hon. Member for Cambridge (Daniel Zeichner), raised the Animal Welfare (Kept Animals) Bill, and that gives me the opportunity to talk about it. We are aware of how important animal welfare is to the people in this nation, which is why it is such a priority for the Government. That Bill was a huge priority in our manifesto 2019, as he will know, and although the Animal Welfare (Kept Animals) Bill as such is not being taken forward, it is far from the case that we are dealing with items from that Bill in drips and drabs.

We have introduced a wave of legislation on animal welfare. To name just a few, we have increased the penalties for those convicted of animal cruelty; we have announced the extension to the Ivory Act 2018, with more species added; we have passed the Animal Welfare (Sentencing) Act 2021; we brought in legislation on the microchipping of cats, which I was here for on a Friday; we made our action plan for animal welfare in 2021; we banned glue traps and tackled hare coursing; we banned the trade in shark fins; we modernised licensing for dog breeding and pets; we passed Finn’s law, which I referred to; and there is much more. I genuinely think we are the party for animal welfare.

The unlawful taking of pets is a callous crime and it is right that perpetrators are brought to justice. The Bill focuses on the impact on the welfare of stolen cats and dogs, not just their financial value. That is so important. I have to name my cats, because everyone else has named their pets. I have to put Raffa and Mr Tipps on the record. We have had so many references to what pets mean to us, but since my husband died and my three children left home, my cats have taken on an even more important role in my life. They are there to welcome me when I get home. We all have stories like that, as we have heard. Those are the things we can share. Our pets are so important to us, and so is the Bill.

I welcome the Bill’s intention to improve the recording and monitoring of pet abduction offences, which is really important. I welcome the work of the pet theft taskforce, because so many of its recommendations are being taken up, including bringing in the option of other animals if that is proven to be the right thing to do.

Another of the taskforce’s recommendations was to strengthen the process of the transfer of keepers recorded on a microchip record. We want all database operators to have robust processes in place to ensure that the existing keeper has a chance to object when someone else tries to change the keepership details on the microchip record. That will ensure that stolen pets cannot simply be transferred to a new keeper.

We have consulted on other changes to the microchipping regime that will make it easier for pets to be reunited with their keepers, and we will publish details of that very soon. We have already announced the requirement for all owners of cats over 20 weeks to get their cats microchipped by 10 June 2024, so people need to get a move on if they have not managed to do that yet.

I could say a lot more because there is so much in the Bill. As a Government and as a Department we are looking at more things relating to the important issue of animal welfare. I hope I have demonstrated that we are right behind the Bill. We wish it well on its swift progress. There is no shortage of people offering to serve on the Bill Committee, which is tremendous. I reiterate that once the Bill becomes an Act it will be commenced within three months of Royal Assent, if not before, in England. I will leave that there, Mr Deputy Speaker—I know you are an ardent campaigner for animal welfare. On that happy note, we can all join together and be happy with our day’s work.

Draft Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024 Draft Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024

Rebecca Pow Excerpts

Monday 8th January 2024 General Committees

[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 Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024.

[The Chair]

With this it will be convenient to discuss the draft Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024.

[Rebecca Pow]

It is an absolute pleasure to have you in the Chair, Sir Graham, for our first debate after the recess. Welcome, all, back from recess. As you can hear, there is a buzz of excitement about this statutory instrument. [Hon. Members: “Hear, hear.”] It is an important moment for us.

The statutory instruments have been grouped as they are part of a package of regulations that will work together to introduce the new framework for mandatory biodiversity net gain. Biodiversity net gain is a key policy delivered by the Environment Act 2021, which I am very proud to have taken through the House, but some of the policy involves amendments to the planning system. I will speak to both instruments together, given their interlinks, but I say up front to you, Chair, and to the shadow Minister, the hon. Member for Greenwich and Woolwich, that I do not profess to be an expert in the intricacies of the planning system. I therefore commit to writing to the hon. Gentleman if he raises points that need clarification.

As I say, these instruments form part of a package of SIs that commence the new, world-leading biodiversity net gain requirement. I know that we keep saying that, but this genuinely is a piece of world-leading legislation, which is why it is so exciting that it is finally coming into operation. This new approach to development and land management was legislated for in the Environment Act 2021, and had strong support, I am pleased to say, from across the House. It aims to leave the natural environment in a measurably better state than it was before, by requiring a 10% net gain for biodiversity from each eligible grant of planning permission. Those gains must be delivered through on-site habitat enhancement or creation where possible; otherwise, they can be delivered through off-site enhancements, by purchasing units from the market, or, in the last resort, through purchasing statutory credits sold by the Government.

A public consultation on the policy and the implementation of biodiversity net gain was held in 2022; the Government response, which was published at the beginning of 2023, confirmed the policy intention of mandatory biodiversity net gain and informed the drafting of these regulations.

I turn to what the draft Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024 do. The Environment Act gives the Secretary of State for Environment, Food and Rural Affairs the power to make provision for a register of biodiversity gain sites. The core purpose of that publicly available register is to record allocations of off-site biodiversity gains to developments. The register will be established by the Biodiversity Gain Site Register Regulations 2024. The detail of how the register will operate—for instance, the information that landowners will need to provide to register their land—will be set out in those regulations, and we have published them already, in draft, ahead of the signing. We will lay them before Parliament next week, as part of the second package of SIs, which will be made under the negative procedure.

The instrument makes provision for the imposition of a financial penalty and the payment of fees relating to applications to that register. It allows for financial penalties to ensure that the biodiversity gain site register contains accurate information. Those penalties will encourage compliance, deter individuals from submitting incorrect information and remove illicit financial benefit—for example, through cost avoidance.

[Rachael Maskell (York Central) (Lab/Co-op)]

I wish the regulations success, but how has the Minister determined whether the penalties, which are incredibly small compared with the value of land, will have their due effect?

[Rebecca Pow]

Obviously, enforcement and monitoring are really important. We consulted on that, and Natural England could impose a £5,000 penalty if it found that incorrect information was submitted. In all the stakeholder engagement that took place, it was pretty much agreed that that was a suitable level of penalty. There is also a need to report on how the biodiversity is going, and how the system is building up. The first report is due from the relevant authorities on 1 January 2026—my officials will let me know if I have got that date wrong. A whole system has been built up to ensure that the process works.

The instrument also provides for fees to be charged for different applications to the register. The applications include gain site registration amendment applications, and applications for the allocation of habitat enhancements to development. The fees have been set to achieve cost recovery for the set-up and maintenance of the register. Developers are not obliged to use the biodiversity net gain register, and should first aim to achieve biodiversity gains on site before turning to any kind of off-site gains. Landowners who choose to supply off-site gains to developers must apply to register their land, and we expect that they will do so only if the benefits of selling units outweigh the costs. Without the regulations setting the requirement for fees to be paid, and the amount to be paid, the register would not achieve cost recovery, and there would be a significant cost to the Department.

I turn to the Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024, ably drafted by the Department for Levelling Up, Housing and Communities. Obviously, there has been a close working relationship between that Department and the Department for Environment, Food and Rural Affairs. The Environment Act 2021 amended the Town and Country Planning Act 1990 to make provision for biodiversity net gain in the planning system by adding new schedule 7A, which sets out the statutory basis for the 10% biodiversity gain objective and metric, and the general biodiversity gain condition that will apply to planning permissions. It also made consequential changes to other parts of the Town and Country Planning Act.

These regulations will make further consequential changes. First, they provide rules in schedule 7A for determining the local planning authority responsible for the approval of a biodiversity gain plan required under the general biodiversity gain condition. Secondly, they further amend section 73 of the 1990 Act, which enables the variation of conditions of previous planning permission to cover circumstances in which an earlier biodiversity gain plan is to be regarded as approved where the development’s on-site habitat is irreplaceable. Finally, they make amendments to section 88 of the 1990 Act for the purpose of appeals against determinations by planning authorities in respect of the biodiversity gain plan. These are technical amendments to ensure that the provisions for the biodiversity net gain in the 1990 legislation work.

In conclusion, I emphasise that the regulations are essential to the successful delivery of the new mandatory net gain requirement, which will help to deliver much-needed gains for nature. Once these regulations are approved by both Houses, we will lay before Parliament the rest of the biodiversity net gain regulations, which we have already published in draft. I commend the instruments to the Committee.

--- Later in debate ---

[Rebecca Pow]

Thank you, Sir Graham; as you can see, I was trying to scribble down those quite detailed questions. I thank the shadow Minister for supporting the statutory instruments, which, as he will realise, will be important not only for improving our developments and the way we live, but for restoring nature. They are going to be game-changing for our environment.

First, I want to clarify the date that I referenced for when local authorities will be required to report on their biodiversity net gain actions. The first report must be submitted in January 2026, and from then on it will be five-yearly. That addresses some of the points that the shadow Minister raised about whether the quality of the net gain will be good enough. The reporting requirement will make that transparent. That is one of the ways that we will be able to see that this is working and that the right nature is being delivered.

Of course, there is a whole process for developers to calculate how much nature they need to put back and to work out the credits. Natural England has a whole system for calculating biodiversity net gain credits. As I am sure the hon. Gentleman is aware, there has been a huge amount of engagement for a number of years with stakeholders, local authorities, developers, Natural England and the Future Homes Hub, so that local authority planning departments understand what is coming their way and can handle it in the right way, and so that we get the right outcomes. A great deal of work has gone into that, and there is also draft guidance on all of that.

The hon. Gentleman asked in particular about enforcement, which is an important point. Local authorities have a range of existing planning enforcement tools at their disposal, and the Environment Act includes mechanisms to ensure that commitments through conservation covenants are adhered to. The enforcing body that has entered into agreements to secure the site will play the key role in enforcement. That may be the local authority, or it could be a responsible body for a conservation covenant—there are different ways of going about it. Significant on-site biodiversity gains must be secured by a planning condition, planning obligation or conservation covenant, all of which bind the land, which means they apply to successor landowners as well. Off-site biodiversity gains must be secured, including management by either a planning obligation or a conservation covenant. Failure to deliver or attempt to deliver biodiversity net gain outcomes that are secured with the conditions or obligations, subject to which the planning permission is granted, can result in enforcement action by the planning authority. I hope that makes the position clear.

[Matthew Pennycook]

I thank the Minister for her response. All the processes that she has outlined, from the scrutiny of the initial plan to the monitoring and enforcement, rely on local authorities having the skills and capacity in this very specific and technical area, as she has made clear. Is it the Department’s contention that local authorities have the necessary skills and expertise to roll out the framework? If not, what steps is the Department taking to support local authorities in finding and bringing forward those skills and expertise?

[Rebecca Pow]

Obviously, that is an important issue to which a lot of attention has already been given. For example, I have spoken to my own local authority, which is rather excited about the whole process and has already had a lot of engagement on skills and training. But there will be more, and lessons will continue to be learnt as the whole system is rolled out and gradually reviewed. That is an important point because, for the system to work, local authorities need to know what they are doing. We have draft guidance, we have consulted widely and a lot of engagement is already taking place, but obviously more will be ongoing through both Departments.

[Barry Gardiner (Brent North) (Lab)]

I appreciate the way in which the Minister is trying to set out the process, but there is a real concern among local authorities, only a third of which have a competent ecological officer who can do this enforcement. The Minister knows the figures on the loss of ecological expertise. Also, where the off-site gain has not been made within the area of the local authority, who is going to enforce that?

--- Later in debate ---

[Rebecca Pow]

I thank the hon. Gentleman for that, but I reiterate what I have already said. I am aware of the position of ecologists, but that is why a lot of effort has already gone into engaging with local authorities—that work will continue—and why we have draft guidance, which was worked up in combination with local authorities, developers and all those involved. Obviously, we need to make sure that it works, and that will be watched as time goes on, but it is an essential part of this.

The regulations have been coming for some time. The Environment Act was passed in 2021; Natural England has been working on its metrics since 2012, with a whole range of pilots and so on. I hope that gives Members some assurance, but I am happy to write to the shadow Minister, the hon. Member for Greenwich and Woolwich, if he requires more detail.

The Government initially committed £15 million to work with local authorities on their preparations for biodiversity net gain—[Interruption.] A musical interlude! I can only reiterate that the Department for Environment, Food and Rural Affairs has been working hard with our local authorities to ensure that they are ready when the regulations come in. Many local authorities are already delivering biodiversity net gain through the national planning policy framework. There are lots of really good examples—I am sure the hon. Member for Brent North has some in his constituency. This work is building on that. We are aware of the training and skills issue, and we are working on it with local authorities. As I say, a huge amount of evidence-gathering has gone on, and we are working to ensure that the system, including that guidance, is fit for purpose.

We also funded a planning advisory service to support local authority planners to prepare for the mandatory biodiversity net gain, and there are actually more than 600 members in the practitioners network. I hope that gives Members some assurance. This is not being taken lightly at all. Off-site is the same as on-site: local planning authorities will still be responsible for enforcing off-site, where there are biodiversity projects going on elsewhere, if they cannot take place on the development. I will leave that particular answer there; I hope that provides the hon. Member for Brent North with some reassurance.

I will conclude my winding-up speech. I am grateful for hon. Members’ input. It is a whole new world—it is, as I say, an exciting one. The regulations we are debating today will support the new mandatory net gain requirement, which will help to secure positive outcomes for biodiversity, create better places for our communities and support a more streamlined, consistent and transparent approach to our planning process.

Once the regulations are approved by both Houses, we will lay the rest of the biodiversity net gain regulations, which we have published in draft, before the House. Those regulations will cover the detail of what developers will be required to submit—there will be a lot more in those regulations to cover some of these questions—as part of the biodiversity gain plan through the planning process, as well as the list of what are considered irreplaceable habitats for the purposes of biodiversity net gain and the list of development types exempt from biodiversity net gain, which will ensure that the policy is proportionate. Those regulations will also provide detail on what landowners will need to submit to get on the biodiversity net gain register. We will also lay before the House the commencement SI, which will confirm the legal go-live date for biodiversity net gain.

On that note, I thank Members on both sides for their input, as well as my officials. I commend the draft regulations to the Committee.

Question put and agreed to.

Draft Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024

Resolved,

That the Committee has considered the draft Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024. —(Rebecca Pow.)

Water Companies: Executive Bonuses

Rebecca Pow Excerpts

Tuesday 5th December 2023 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

I would like to thank the hon. Member for Croydon North (Steve Reed) for raising this important issue. As I have said constantly, all sewage in our waterways is completely and utterly unacceptable. I am pleased to have this opportunity to put on record the huge strides that we have made to deliver clean water for customers and the environment. We are the party for nature. We are the party that brought forward the Environment Act 2021, although many of the measures in it were not supported by Opposition Members. It is a globally leading piece of legislation. If the hon. Gentleman went out on to the global stage, he would realise that we are revered for it, and we now have the whole framework in place to deliver what it states. There are many measures in it to tackle water.

I am genuinely proud to have instigated and driven through our plan for water, which was supported by hundreds of people. It had a huge amount of expertise put into it to deliver it, and we are delivering it. It sets out a genuinely holistic plan to deliver more investment, stronger regulation and tougher enforcement, and make no mistake, it is cross-party. I would like to make the hon. Gentleman an offer. Would he like me to give him a copy, because I am not sure that he has actually looked at it? I would be happy to do that after the debate.

[Jesse Norman (Hereford and South Herefordshire) (Con)]

My hon. Friend mentions the plan for water, but she will be aware that the previous Secretary of State came to Herefordshire, where she attended a roundtable in Hereford and promised that a plan for the River Wye would be brought to us by 15 September, three months after that meeting. We have yet to see it. I have to say, on behalf of the people of my county, that we are starting to run out of patience. When can we expect this plan to come through?

--- Later in debate ---

[Rebecca Pow]

I am well aware that the previous Secretary of State came to the River Wye, and my right hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman) will know that I came to the River Wye some time before her visit—he could not make my visit—so I have some knowledge of the area, and I understand his concerns. The action plan is under way. As my right hon. Friend knows, we have had a few changes but the new water Minister, my hon. Friend the Member for Keighley (Robbie Moore), is here, and the action plan is very much on the cards. I thank the people who did all that work on the Wye, because it is not just about water and sewage; it is a very complicated issue that also brings in farming and farmers along the river, as my right hon. Friend is well aware from his involvement.

Whatever the Labour party might say, many of the problems that were vociferously raised by the shadow Minister actually started on Labour’s watch. We are where we are because of Labour’s failure to do anything about it. There was virtually no monitoring. In fact, it was Labour that allowed the water companies’ self-monitoring that the shadow Minister criticises. It was his party that started the self-monitoring.

To set the record straight, I remind the shadow Minister that the Labour Government were given legal notice by the EU on sewage discharges from overflows in Whitburn. Labour certainly did not have a glowing record when it had its opportunity.

[Mike Amesbury]

A whistleblower made serious allegations against United Utilities on “Panorama”, and the Minister mentioned monitoring. It was clearly gaming the system. What robust intervention has she so far made with United Utilities, which operates in my constituency and beyond?

[Rebecca Pow]

The hon. Gentleman is right to be concerned. As I go through my speech, he will hear all the measures that we have put in place for all the water companies, not just United Utilities.

As I said at the beginning, I want to be clear that the current volume of sewage discharged by water companies is utterly unacceptable. They must act urgently to improve their performance so that they can meet both Government and public expectations, but it is because of the monitoring that this Government required the water companies to put in place that we now know what is happening and the scale of the challenge that we face.

We have upped the pressure on the water companies so that, by the end of this year, 100% of all storm sewage overflows will be monitored. We are taking the most ambitious action in water company history to tackle sewage pollution, including using new powers and new responsibilities in the landmark Environment Act 2021, which I was proud to take through Parliament—many of the shadow Ministers obviously engaged with the Act’s passage—and there is also the additional £60 billion storm sewage overflow discharge reduction plan.

Despite saying that they care about our precious water, many Opposition Members did not vote for all these measures so that the people of this country—including you and me, Mr Deputy Speaker—can have the wonderful water and the beautiful environment that we deserve. It is through our measures that we are now holding water companies to account, in a way that has never been seen before, with more investment, stronger regulation and tougher enforcement. We will continue to go further in holding the industry accountable for its actions.

[Kerry McCarthy (Bristol East) (Lab)]

The Minister knows perfectly well that we opposed some of these measures during the passage of the Environment Bill because we did not think it was strong enough. The Bill was very weak in places, hence our opposition. Given that the Minister’s constituents are covered by Wessex Water, does she think it is right that the company is asking its customers to pay an extra £150 a year towards funding work on infrastructure, when the chief executive took home pay of £982,000 in 2021-22? I do not think my constituents, who are also customers of Wessex Water, should have to pay that extra money. Does she?

[Rebecca Pow]

That is an important point, and it is why we have made so many changes to the regulator—I will go into detail in a minute. It is quite clear that customers will not be paying for water company bonuses. Ofwat and its board now have very strong powers to oversee all of this.

I am going to go through the points one by one. I will start with more investment. We are ensuring that our regulators have the investment and the powers they need, and we are ensuring that the water companies deliver the infrastructure improvements that we urgently require. Since privatisation we have unlocked over £215 billion of investment in England, with £7.1 billion in environmental improvements by water companies over the period 2020 to 2025. It includes £3.1 billion in storm overflow improvements; and £1.9 billion of that is for the incredible Thames tideway tunnel, which is on track to transform tackling sewage pollution for the people of London. I am sure that our Liberal Democrats present will welcome that, because it is a game-changing project.

In addition, over 800 storm overflow improvements countrywide have been set in motion. They are under way and will be completed by 2025. It is because of all our monitoring that we were able to pinpoint where all this work needs to take place.

[Seema Malhotra]

Could the Minister perhaps say a bit more about consumer protection? We all want this problem to be dealt with, and she is laying out some of the actions that she is saying the Government will take forward, but with my constituents having seen a £175 increase and expecting that to continue, there is a real question about consumer fairness and what customers are actually paying for. It would be helpful to know what discussions she has had with water bosses about their increased bills and what they are going towards.

[Rebecca Pow]

That is a very sensible and important point. That is why the price review process is under way, and all the water company plans are being forensically analysed, with requirements that we have put on them to deliver all this infrastructure, but also always to be mindful of the costs to the bill payer. We have to get investors in to invest in this, but we also have to be mindful of what goes on the bill, which is essential, and that is what Ofwat will be considering. Members will be hearing a lot more about those price plans shortly. There is also a system for vulnerable customers. We have upped the number of customers that water companies have to help if they are struggling with their bills, so there is a clear plan for that.

Our storm overflows discharge reduction plan goes even further. It requires water companies to deliver the largest infrastructure programme in water company history, amounting to £60 billion of investment over 25 years.

[Munira Wilson]

Will the right hon. Lady give way?

[Rebecca Pow]

I will carry on for a minute, because I know that you, Mr Deputy Speaker, will be urging me to speed up. For information, I wanted to say that in a recent High Court judgment it was found that our storm sewage overflows discharge reduction plan actually goes over and above the requirements of existing regulation. It would be nice if the Opposition recognised that, because it was specifically highlighted.

[Neil Coyle]

Will the right hon. Lady give way on that point?

[Rebecca Pow]

I am going to carry on for a bit.

Ensuring that our regulators are fit for purpose, to enforce our new regime, is absolutely crucial. With that in mind, we have increased the Environment Agency’s overall grant-in-aid funding by over 40% and capital funding by 80% since 2010. We have also provided an extra £2.2 million per year specifically for water company enforcement activity. In May we did even more: we provided £11.3 million of funding increase to Ofwat to treble its enforcement activity, because both EA and Ofwat have enforcement powers. In June, in recognition of the urgency of action, Ofwat approved a further £2.2 billion of accelerated infrastructure, which included £1.7 billion of investment, in reducing sewage discharges, including a major project to reduce sewage discharges in Lake Windermere.

The shadow Minister mentioned automatic fines. That idea would backfire, because if the regulators found evidence of criminal misdemeanours, it would prevent them from going through the courts and we would effectively end up with even higher fines. So the system of automatic fines would not work, but we have just brought in our unlimited penalties for the environment, so the regulators could use that option, but we still need the option for them to go to the courts if necessary.

[Claire Hanna (Belfast South) (SDLP)]

On that point, will the Minister give way?

[Rebecca Pow]

I will talk about stronger regulation now. We are bringing in even tougher regulations than ever before to hold water companies to account. In the summer, Ofwat confirmed new plans to ensure that customers no longer fund executive bonus payments where companies have not met Ofwat’s expectation on environmental performance. Using new powers granted to Ofwat by this Government in the landmark Environment Act 2021, Ofwat announced in March that it will take enforcement action against water companies that do not link dividend payments to environmental performance. As I said, we have also legislated to bring in unlimited penalties on water companies that breach their environmental permits. The changes will provide the Environment Agency with the tools it needs to hold water companies to account.

[Claire Hanna]

The Minister may be aware of the evolving environmental catastrophe in Lough Neagh, which is the largest lake in these islands and a key biodiversity asset for Northern Ireland. It is dying in front of our eyes because of blue-green algal bloom related to agricultural run-off and sewage discharge from Northern Ireland Water, which is entirely Government owned. In that context, does she agree with me that Northern Ireland desperately needs an independent environment agency, to try to reconcile the competing priorities of the Department of Agriculture, Environment and Rural Affairs—DEFRA’s sister Department in Northern Ireland—which is responsible for both swelling agricultural assets and protecting the environment? Clearly, in this context the environment is being failed.

[Rebecca Pow]

I have heard about this incident. I refer DAERA to our plans on water to see how we are tackling such issues. Farming is a big cause of some of the pollution. We have launched our slurry infrastructure grant and a range of measures to work with farmers to cut down that pollution, so lessons could be shared.

[Neil Coyle]

On that point, will the Minister give way?

[Rebecca Pow]

I just wanted to say that we want to continue to drive down nutrient pollution from the water sector, which is why we have set a legally binding target to reduce phosphorus loads from wastewater treatment—

[Neil Coyle]

On that point, will the Minister give way?

[Neil Coyle]

On that point, will the Minister give way?

[Rebecca Pow]

The hon. Gentleman is so unrelenting that I will give way.

[Neil Coyle]

It seems apt that this is debate No. 2 this afternoon. If the Minister has so much faith in the measures she is talking about, why was she absent last night from the vote on new clause 10 in the Victims and Prisoners Bill on the sewage illness victim compensation scheme, despite voting just 15 minutes later?

[Rebecca Pow]

We have such a strong plan and it will be fully operational. I completely support the Government with the line they took last night. I am lined up with what we were dealing with last night and I support the Government position. I was dealing with some particularly urgent business last night. In my view, the new clause was superfluous because we already have powers, including those on criminal conduct, for people to act if they have been affected by pollution. They can already seek compensation when there is evidence of personal injury, loss or damage.

To get back to my speech, I am now on the bit about tougher enforcement. We recognise concerns about enforcement. We are working closely with Ofwat and the new leadership at the Environment Agency to ensure that regulators are holding the water industry to the highest possible standards. That includes bringing fines against water companies that do not comply with their permits and publishing the environmental performance assessment of water companies in England, giving a clear picture of company performance. Where that is insufficient, action will be and is being taken.

I had been meeting all the lagging water companies highlighted through that assessment to challenge them on their performance, and I am pleased that the new water Minister, my hon. Friend the Member for Keighley, is continuing to do that. I believe he met Yorkshire Water yesterday and South East Water last night, so we are continuing our unstinting drive with the water companies.

The regulator has launched the largest criminal and civil investigations in water company history into sewage discharges at more than 2,200 treatment works, following new data that has come to light as a result of increased monitoring at waste water treatment works. We have taken robust enforcement action against illegal breaches of storm overflow permits. Since 2015, the Environment Agency has concluded 59 prosecutions against water and sewage companies, securing fines of more than £150 million.

I cannot miss the opportunity to say that in Labour-run Wales sewage discharges are double what they are in England, so it is hard to take any lessons from the Opposition. They have the opportunity to step in and sort that out but they have not taken it.

The Government have launched the revolutionary storm overflows reduction plan, which prioritises action on the overflows that cause the most harm, to make the biggest difference as quickly as possible. Our strict targets will see the toughest ever crackdown on sewage spills and, as I have already stated, will require water companies to deliver that huge infrastructure programme worth £60 billion. Our plan will protect biodiversity, the ecology of our rivers and seas, and the public health of water users for generations to come.

[Munira Wilson]

Will the Minister give way?

[Rebecca Pow]

No, because I am moving on to bonuses and dividends.

The Government have taken unprecedented measures to bring into balance the remuneration of water company executives. This summer, Ofwat confirmed new plans to ensure that customers no longer fund executive bonus payments if companies have not met Ofwat’s expectations on environmental performance. Ofwat will regularly review executive bonus payments and, when companies do not meet expectations, step in to ensure that customers do not pick up the bill. That answers the point made earlier by the hon. Member for Bristol East (Kerry McCarthy). There is no need for the Labour party’s proposals, because we are already doing really strong work on bonuses and dividends.

I want to be really clear that bill payers come first. For the 2022-23 period, no water and sewage company in England and Wales is paying a chief executive officer bonus out of customer money, while half of CEOs are taking no bonus whatsoever. This is the first time that has ever happened in the history of the water industry, reflecting the industry’s recognition that the public expect better.

In March 2023, Ofwat announced new measures on dividends that will enable it to take enforcement action against companies that do not link dividend payments to performance. I remind the House that in each year since privatisation, investment has actually been much greater than the dividends paid out.

I am going to conclude—

[Munira Wilson]

Will the Minister give way?

[Rebecca Pow]

I have given way enough; we want to get on and hear other speakers.

This Government will leave no stone unturned in tackling all aspects of water pollution and poor water company performance. That is why we have introduced the most comprehensive costed plan for water that delivers more investment, stronger regulation and tougher enforcement. By contrast—

[Neil Coyle]

rose—

[Rebecca Pow]

The hon. Gentleman has had his chance.

By contrast, the official Opposition and the Liberal Democrat party do not have credible plans to reduce discharges—we cannot just switch off storm overflows overnight, as some suggest—and their mixed bag of proposals would actually add hundreds pounds to customers’ bills. That addresses the point made by the hon. Member for Feltham and Heston (Seema Malhotra). Labour’s proposals would involve the digging up of enough pipes to go two and a half times around the globe. [Interruption.] That is actually correct.

As I said, I am really happy to share our plan for water with the shadow Secretary of State so that the Opposition can see exactly what is in place—our comprehensive, costed plan—and see that we are delivering now.

Grey Squirrels

Rebecca Pow Excerpts

Tuesday 28th November 2023 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

It is a pleasure to have you in the Chair, Mr Vickers. First, I must thank my hon. Friend the Member for Ynys Môn (Virginia Crosbie) for securing the debate and for giving all five Members in the room who are passionate about red squirrels the chance to talk about the subject and everything the Government are doing to ensure that the precious red squirrels survive and thrive. I must thank my hon. Friend for the great deal of work she does in her constituency to champion those creatures. I also thank the previous Minister, my hon. Friend the Member for Copeland (Trudy Harrison), who has done an awful lot of the bones of the work on the framework for the grey squirrel action plan. I must note how much she has done and how passionate she is. Her work has genuinely helped along the whole programme a great deal.

I do not know whether you have seen red squirrels, Mr Vickers, but I have seen them up close and personal at a place called Snaizeholme in the Yorkshire dales. Once seen, they are never forgotten. I am a massive Beatrix Potter fan as well, so Squirrel Nutkin had a big impact on my childhood. Once one has engaged with red squirrels, one becomes passionate about saving them, as I think is the case with the Members in this room.

This debate is about grey squirrels in Great Britain and their huge impact on the red squirrel. We must remember that grey squirrels are often people’s only interaction with nature and wildlife, particularly in urban areas, so we need to tread with care over the subject of controlling them. It is clear that they are an invasive, non-native species to our islands, introduced into this country only in the late 19th century and becoming quickly established across Great Britain. We are only too aware now of the creature’s negative impacts on wildlife and habitats.

Expanding grey squirrel populations represents a huge threat to the reds. We have an estimated 2.7 million grey squirrels in Great Britain and they are outcompeting the poor little red squirrels for food. They transmit the awful squirrel pox, which has been touched on, which is fatal to our native species. As a result, grey squirrels have displaced red squirrels throughout much of Great Britain, leading to fragmentation of their populations. We believe there are currently fewer than 39,000 red squirrels in England and 287,000 in Great Britain.

The issue is about more than that, however. Grey squirrels are not only having an impact on the populations of red squirrels, as has been clearly outlined by my hon. Friend the Member for Copeland; they are also having a huge impact on trees, the timber industry and the deciduous, ornamental forests. That is because they strip the bark, and managing woodlands and trying to deal with that is a real challenge.

A recent report by the Royal Forestry Society suggested that the cost of the damage is about £37 million a year in lost timber value in England and Wales. My hon. Friend the Member for Copeland is right in saying that the timber industry is an important industry that we want to expand. Trees are also important for carbon capture and climate mitigation, but there is also the cost of replacing the trees that squirrels have killed. The World Bank has forecast that the global demand for timber will quadruple by 2050 and that includes in the UK. That is why it is even more important that we can, first, produce as much as we can at home, and secondly, that the crop we plant is sustainable. We have made commitments to that in the environmental improvement plan.

Damage from grey squirrels can also act as a disincentive to planting trees because of the costs of coping with the animals, and that is currently blocking the growth of the domestic timber supply chain. That really needs to be tackled. If we want to have a much more sustainable domestic timber trade, we need to reduce pressure from this invasive, non-native species.

Grey squirrels have an impact on our coniferous forests, which largely supply our timber, but they also have an impact on deciduous forests as well. Once a tree—beech, for example—is destroyed, fungal diseases can take hold, which is another threat to the trees. Clearly, we have to do something about that.

In the light of the significant environmental damage inflicted by grey squirrels, they have been listed as a species of special concern under the Invasive Alien Species (Enforcement and Permitting) Order 2019—there is similar legislation in Scotland—which is an important tool in managing the impact of that invasive species. A refreshed GB invasive non-native species strategy was published this year, which sets out the challenges and what we need to do. It supports other national strategies and provides an integrated approach across Great Britain. Obviously, we need to know what is happening in Northern Ireland as well, and I am pleased to say that it is very much part of the Squirrel Accord.

To get to the nuts and bolts of today’s debate, we have a grey squirrel action plan, championed by DEFRA, which sets out our actions to manage the squirrels in England. I can assure Members that that will be published shortly. It is a refreshed five-year plan that will concentrate on advice and incentives for land managers, more collaboration and partnerships, and funding and research as appropriate.

I want to thank the volunteers whose role is critical, as has been highlighted by many in this room today. We will also encourage our land managers to take action. If they are part of the countryside stewardship under the woodland element, they can access the squirrel management supplement. There is funding to help, which many landowners have taken advantage of, and I encourage others to do so.

I have already mentioned the Squirrel Accord, which is chaired by Lord Kinnoull. I recognise his valuable work. Northern Ireland is involved in that, too. We are co-ordinating across all the nations and exploring different methods of management.

Both of my hon. Friends mentioned immunocontraception and the idea of encouraging squirrels to take contraceptives through bait that is taken orally. It is put in the food, and research work is well under way. There is still a way to go, but that valuable work is going on. We have to carry on doing that work and we are committed to that.

My hon. Friends also mentioned pine martens, a natural predator of the grey squirrel. They have been released in the Forest of Dean, where they are being monitored for a programme, quite near where I am in Somerset. That is a useful and interesting study and there will be opportunities there as the population of pine martens grow. Work is still under way on gene drive technology, which can alter genes and eventually help us control the grey squirrel.

Work has been done on developing a vaccine against the horrible squirrel pox, but it is not looking overly promising, to be honest. Work has been stalled for some years, so we prefer to concentrate research efforts on the contraception, which looks more promising in the long term. My hon. Friend the Member for Ynys Môn asked about that, so I hope she is happy with that response.

We have 22 large-scale landscape recovery schemes. The second round is opening and there are opportunities there, as well as through the nature recovery projects, to create the right kinds of habitats for our wonderful red squirrels.

I hope I have demonstrated that there is a lot going on across Government. A lot of it has been escalated since my hon. Friend the Member for Copeland was involved in DEFRA. I thank my hon. Friend the Member for Ynys Môn for the extremely valuable work that she has been doing. The action plan will be published very soon. We are committed to controlling those pernicious grey squirrels.

Question put and agreed to.

Draft Persistent Organic Pollutants (Amendment) (No. 2) Regulations 2023

Rebecca Pow Excerpts

Monday 13th November 2023 General Committees

[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 Persistent Organic Pollutants (Amendment) (No. 2) Regulations 2023.

It is a pleasure to see you in the Chair, Dame Angela. The regulations were laid before the House on 16 October 2023 and add a new substance, called perfluorohexane sulfonic acid—hon. Members will be pleased to hear that I will not be repeating that long hand—otherwise known as PFHxS, including its salts and related compounds, to the retained persistent organic pollutants, or POPs, regulation in response to the listing of the substance under the United Nations Stockholm convention for POPs. The UK is a party to the convention, and it is therefore obliged to reflect in UK law the listing of POPs under it. This legislative change is permitted by the use of the powers available in article 15 of the retained EU regulation on POPs and we have worked with the devolved Administrations on the regulations.

This statutory instrument is needed to implement the UK’s commitments under the UN Stockholm convention. POPs are substances recognised as particularly dangerous to the health of humans, wildlife and the environment and the regulations preserve and add to the regime for managing, restricting or eliminating POPs in the UK.

What does the statutory instrument actually do? At the 10th meeting of the conference of the parties held last year, a decision was adopted to add a new substance called PFHxS to the list of substances for global elimination under the convention. The decision was communicated to parties and observers by the UN depository in November 2022. This instrument adds the new POP to the list of substances prohibited by law from being manufactured, placed on the market and used in Great Britain. Secondly, the instrument provides some exemptions from the prohibitions by allowing the unintentional presence of PFHxS at trace levels. These limits define the concentrations at which PFHxS can lawfully be found in a substance, article or mixture where it is unintentionally present and found in minimal amounts. This instrument includes two general limits and one that is specific to its presence in firefighting foams.

The instrument was not subject to consultation because, although it represents an update to existing legislation, it implements an international obligation that the UK is required to put into place in law. There were opportunities for UK stakeholders to feed into earlier engagement, both UK and convention-led, at various stages before PFHxS was adopted for elimination under the Stockholm convention. Following the initial proposal of PFHxS as a POP in 2017, there have been public calls for information and opportunities to comment on draft evaluation documents for the substance. We received no evidence to suggest that exemptions or derogations were required by industry in Great Britain.

Following that engagement, a recent consultation led by the Department for Environment, Food and Rural Affairs on other amendments to the POPs regulation stated our intention to list PFHxS in annex 1 of that regulation to meet the UK’s obligations under the Stockholm convention. A de minimis impact assessment was carried out that concluded that there was no indication that PFHxS chemicals are intentionally produced or used in Great Britain. As such, the statutory instrument is not expected to have an impact on business beyond one-off familiarisation costs. It is also not expected to disproportionally burden small businesses.

The Environment Agency is the delivery body for the POPs regulations for England, and Natural Resources Wales and the Scottish Environment Protection Agency are the delivery bodies for Wales and Scotland respectively. They have been involved in the development of the instrument and have raised no concerns about its implementation.

The territorial extent and application of this instrument is Great Britain. Under the Windsor framework, the EU POPs regulation 2019/1021 applies in Northern Ireland. The devolved Administrations in Wales and Scotland were engaged in the development of the instrument and have consented to its being made on a GB-wide basis.

The measures in the instrument are needed to implement the requirements of the Stockholm convention by adding the new POP PFHxS, including its salts and related compounds, to the list of substances prohibited by law. The environmental improvement plan for England has made clear our commitment to support and protect the natural environment, wildlife and human health. That includes our commitment to manage and reduce POPs in the environment. The draft regulations will allow the UK to continue to meet commitments relating to POPs, and to continue to implement the Stockholm convention requirements to prohibit, eliminate or restrict their production and use. I commend the draft regulations to the Committee.

--- Later in debate ---

[Rebecca Pow]

I thank the shadow Minister for supporting the legislation, which aligns us internationally with the Stockholm convention. I also put on record our thanks to our departing Secretary of State for the great work she has done in the Department. She steered through not just pieces of legislation but plans and strategies for the future that are huge and groundbreaking, not least the Plan for Water, which sets the whole water industry on a holistic trajectory.

To clarify, the regulations ensure that existing legal provisions for the prohibition and restriction of the manufacture, placing on the market and use of POPs will be extended to the new POP substance PFHxS, following its addition to the list of POPs for global elimination under the Stockholm convention. That will contribute to the protection of the current and future health of the population, wildlife and environment in both the UK and the rest of the world.

The shadow Minister asked where we were with REACH. I assure her that we are developing our alternative transitional registration model for UK REACH, with the aim of maintaining or improving existing human health and environmental protections in line with our international commitments while reducing costs to businesses transitioning from the EU REACH to UK REACH.

Just last week, on Thursday 9 November, we announced the outlines of our alternative transition model. It includes refining the information on use and exposure in Great Britain that registrants will need to provide. That is the critical information that we expect industry to have so that they fully understand and manage risks, and that GB regulators need in order to prioritise regulatory action. The model also reduces to the essential minimum the hazard information required for transitional registrations and intermediates, which will mean that UK REACH registrants will not generally need to access and pay for the data packages held by EU industry consortia. It also outlines that there will be an improvement in regulator powers so that regulators can require and receive data from registrants quickly for regulatory or risk prioritisation purposes, which will ensure that we can respond to new or emerging risks. A consultation on the proposals will be published in early 2024. I hope that that clarifies the issue.

The shadow Minister also raised the matter of PFAS. To clarify, PFHxS are a type of PFAS—forever chemicals, as they are commonly known. There are thousands of forever chemicals, and not all PFAS are POPs. I want to reassure the hon. Lady that more PFAS will be listed as POPs under the Stockholm convention in the near future. Perfluoroalkyl and polyfluoroalkyl substances—PFAS—represent an enormous group of chemicals, and the group of substances covered by this instrument are a type of PFAS, but, as I said, not all PFAS are listed as POPs.

The Department for Environment, Food and Rural Affairs asked the Environment Agency and the Health and Safety Executive to examine the risks that PFAS pose, and to develop a regulatory management options analysis—or RMOA—to make recommendations for measures to manage the risks of PFAS. That was published back in April 2023, and we have accepted all the listed recommendations. They include work under UK REACH to reduce PFAS emissions by developing UK REACH restrictions, beginning with a restriction on PFAS in firefighting foams, which I think the hon. Member will know about, and exploring further restrictions covering a wide range of industrial and consumer uses, with a joined-up approach across Government and with external stakeholders.

DEFRA is taking forward the recommendation to bring together work on PFAS strategically through the development of a cross-Government chemical strategy and the creation of a chemicals stakeholder forum working group on PFAS, which the shadow Minister referred to. Aspects such as drinking water standards and a fluorinated gases review will be considered within the overall policy development and are subject to further ministerial agreement. I hope that clarifies the issue, which is important, as the shadow Minister rightly said.

I thank the shadow Minister for supporting the regulations. They will ensure that existing legal provisions for the prohibition and restriction of the manufacture, placing on the market and use of POPs will be extended to the new POPs substance, PFHxS, following its addition to the list of POPs for global elimination under the Stockholm convention. As I have said before, that will contribute to the protection of the current and future health of the population, wildlife and environment of both the UK and the rest of the world.

Question put and agreed to.

International Treaty on Plastic Pollution: Negotiations on Development

Rebecca Pow Excerpts

Monday 13th November 2023 Written Statements

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

The annual flow of plastic into the ocean is predicted to triple between 2016 and 2040 and is already having a devastating impact on our natural environment. We urgently need to take action at all levels on plastic pollution, in all its forms. That is why the UK is tackling the issue both internationally and at home.

Today marks the start of the third session of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, established by a landmark decision taken at the United Nations Environment Assembly in March 2022.

At the negotiations, the Government will press for a combination of international obligations and national measures across the whole plastic lifecycle to ensure that the treaty can adequately address the transboundary nature of plastic pollution. We will call for provisions to: restrain and reduce the production and consumption of plastic to sustainable levels; address plastic design; and increase the safe circularity of plastics in the economy, guided by the waste hierarchy. We will support measures to manage plastic waste in an environmentally sound and safe manner and eliminate the release of plastics—including microplastics—into air, water and land.

As one of the founding members of the High Ambition Coalition to End Plastic Pollution, a group of like-minded countries calling for an ambitious and effective treaty, the UK has signed the High Ambition Coalition joint ministerial statement which echoes these calls.

We are committed to working with other member states to build consensus, calling for a Chair’s mandate to develop further the treaty text, supported by a formal intersessional programme of work, to lay the foundation for a successful outcome from the two remaining negotiating sessions in 2024.

[HCWS31]