Storms: Weather Resilience

Lord Benyon Excerpts

Thursday 11th January 2024 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I beg leave to ask the Question standing in my name on the Order Paper and refer to my interest as vice-president of the Association of Drainage Authorities.

[The Minister of State, Department for Environment, Food and Rural Affairs, and Foreign, Commonwealth and Development Office (Lord Benyon) (Con)]

My Lords, I refer to my interests as set out in the register. I know the whole House will extend our sympathies to those impacted by Storm Henk. To date, 2,185 properties have flooded, and over 81,000 properties have been protected due to the Government’s investment in flood defences. The Government’s 2020 policy statement sets out five ambitious policies and multiple actions to improve future resilience to flooding. Between 2021 and 2027, the Government will have doubled investment in flood and coastal erosion schemes across England to a record £5.2 billion.

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend agree that we should be doing more between floods? I pay tribute to the Environment Agency and drainage boards for the important work they do in regularly maintaining existing flood defences and dredging watercourses. Will he seek to end the arbitrary division of funding between capital expenditure and maintenance funding that is hampering this work, as advocated in the December report from the National Audit Office? Further, will he confirm that the farming recovery grants will reward farmers for loss of crops and for the fact that their land is effectively being used not for food production but to defend downstream communities from future floods?

[Lord Benyon (Con)]

I entirely join my noble friend in saying what fantastic work the Environment Agency has done in reaction to these floods, along with the ongoing work it does in between to make sure that we are more resilient to them. Its annual maintenance programme activities are prioritised and timetabled using information from inspections, maintenance standards, levels of flood risk and legal and statutory obligations. Local teams work with partners, including drainage boards, on maintenance and dredging programmes. In 2022-23, the agency spent over £200 million on maintaining flood risk assets. In 2021, we announced an additional £22 million per year from 2022-25 for the maintenance of flood defences, and details can be found in our Flood and Coastal Erosion Risk Management Report.

My noble friend also talked about farming. The flood recovery fund will pay for the uninsured costs of preparing arable land for planting crops or reseeding grass where it has been damaged, and our agricultural transition plan has a range of measures which will support farmers in these matters.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, in the interest of helping this Government, who appear to have run out of good ideas on almost every topic, what about banning new building on flood plains?

[Lord Benyon (Con)]

I really want to know what the noble Baroness means by that. Does she mean that there should be no more houses built in York, Leeds, London or Exeter? It is not what you build; it is how you build and how resilient the buildings are to flooding. I entirely accept and agree with her that some appalling decisions were taken over the last half century, and houses have flooded because they should never have been built there. But we cannot ban the building of properties; we just have to make them resilient to flooding.

[Lord Deben (Con)]

I remind my noble friend that when his department produced its five-year plan, in the usual range of these, the Climate Change Committee said that it was not adequate. In the light of these floods, will he look at that plan to see whether some changes should take place? The Government have done a great deal, but clearly, this will get worse and we need to look at it again.

[Lord Benyon (Con)]

My noble friend is right that these problems are going to get worse: what we are suffering at the moment is almost certainly the impact of an El Niño effect, which has meant a warmer, wetter start to our winter. This will, we hope, be followed by a dryer but perhaps colder end to it, and we can look to the future. The Government are absolutely looking to the future, and he was right in his leadership of the Climate Change Committee to make sure that all departments are being resilient to the effects of climate change. I will just say that we have achieved much more than some of our closest neighbours. We are going to reduce greenhouse gases by 65% by 2030; the European Union has a target of 55%. We are doing a lot to address this, both globally and domestically.

[Baroness Hayman of Ullock (Lab)]

My Lords, I want to pick up on an issue arising from yesterday’s Statement. In May last year, the EFRA Committee published a report on rural mental health, which found that extreme weather events and animal health crises left farmers, workers and vets dealing with mental health trauma with little support. It called on the Government to provide dedicated emergency funding to enable local areas to quickly access more resources to respond to rural communities’ mental health needs, both during and, crucially, after crisis events. Can the noble Lord explain why the Government disagree and have refused to allocate this funding?

[Lord Benyon (Con)]

If the noble Baroness looks at our rural proofing annual report, she will see a firm commitment in it to issues relating to mental health in rural areas. She is absolutely right that events such as this trigger severe problems for people whose homes are flooded, or who lose their business or a large part of it, and we are seeing that in the farming community. The Government are providing a range of mental health support measures for people in these communities, and I applaud the work the NFU and others are doing, with the Government, to make sure that we are accessing those in need and providing them with the support they require.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the NFU tells me that a review of the flood defence grant in aid funding is vital. The weighting towards people and property means that rural areas are unable to compete for funding, as they will never score highly enough to receive any grant. Are the Government considering altering the formula so that farmers get a fair share of this money?

[Lord Benyon (Con)]

That is a very good question. The first thing we have done is to introduce partnership funding. At the time, the Opposition referred to it as a flood tax, but it has meant that a whole load of schemes that would never have got the go-ahead, because they did not have the value for money of schemes which defended more homes, did go ahead and have therefore been built. Approximately 40% of schemes and 45% of investment better protects properties in rural communities; and since 2015 we have protected over 700,000 acres of agricultural land, along with thousands of businesses and communities, through schemes.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the Minister and others have naturally focused on the macro schemes that are designed to reduce the major impacts of flooding, but does he agree that micro-level interventions can have a significant impact, such as not using nonporous hard surfaces to concrete over front gardens to create hardstanding for motor vehicles? What advice are the Government giving on the appropriate use of porous materials when people want to create hardstanding at their homes?

[Lord Benyon (Con)]

My Lords, the Government are giving money for property-level flood resilience, and that would entirely fall within this. Software is also now available. For example, I looked some years ago at Bristol, where they had created millions of data points around the city at which they could apply different weather events and see how just a kerb being raised at a certain point, or a wall being extended, can protect a number of properties from flooding. So the noble Baroness is absolutely right: we need to look at the micro as well as the macro effect.

[Lord Bellingham (Con)]

My Lords, I declare my interests as listed in the register. The Minister mentioned damage to farmland. Obviously, most arable farmers will have the chance to re-drill their crops in the spring and many will benefit from the farming recovery grant. However, in the Fens, covering Lincolnshire, Cambridgeshire and Norfolk, a number of horticultural producers have suffered substantial damage to existing crops. They may well not be covered, so what advice can he give them?

[Lord Benyon (Con)]

My noble friend is right: these floods will undoubtedly affect our food security. Lincolnshire and the Fens is a very important area. Internal drainage boards and managing water levels are an important part of this. I cannot say that the level of rain we experienced was unprecedented, and it certainly was not unexpected. We are going to have more of these events, and we have to be better at managing them.

[Lord Berkeley (Lab)]

My Lords, the Somerset Levels have flooded every winter for the last 20 or 30 years, which often stops the railway and roads. I am told it is because the Environment Agency has prevented proper dredging of the rivers, which would allow the rainwater to run away into the sea. Is this not clearly easy to do, and a quick fix that would stop this happening every year?

[Lord Benyon (Con)]

People are very often free with advice. I went down to Somerset when there were floods there and somebody said to me, “All you have to do is dredge this river, cut this dyke through, and the water will flow.” I pointed out to him that that might clear the water from his farm, but it would go into people’s houses in Bridgwater. He said to me, “You are confusing me with someone who is concerned about the people who live in Bridgwater.” These things are never simple, and the noble Lord may be right.

Storm Henk

Lord Benyon Excerpts

Wednesday 10th January 2024 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I declare my interest as a vice-president of the LGA.

Storm Henk and those that preceded it have caused havoc across the country. Nearly everyone in this House will know someone who has been flooded by the storms; I have neighbours who have suffered flooding. I have great sympathy for those who have had their home, business or land inundated by flood-water. It is a truly depressing experience to see your life’s work washed away.

All the emergency services have been brilliant in responding to the rising water, evacuating those flooded out and trying to keep people safe, at the same time as initiating emergency measures to try to stem the flood-waters. We all owe them a great debt of gratitude.

However, sadly, this was not an isolated incident. Excessive rainfall over a sustained period of time has resulted in the ground becoming completely waterlogged, with new rain having nowhere to go but into the already overfull rivers. We have experienced the type of flooding that was originally assessed as a one-in-200-year occurrence. This type of flooding is now occurring on a regular basis, several times a year in some areas.

The impact on the farming community is dire, with the loss of crops and the impact on grazing stock, with farmland and buildings under water. Farmers have nowhere to keep their animals in safety. Although the Government and the Environment Agency responded fairly rapidly with relief and announcing packages of financial help for those affected, there was little preparation over previous years to ensure that flood resilience was sufficiently robust. In October, the Environment Agency found that 4,000 flood defences were rated “Poor” or “Very poor”. At the same time, its budget had been underspent by £310 million. Of the £11.7 million allocated two years ago for flood defences in one area of Nottinghamshire, less than 1% of that money has actually been spent so far.

There is an element of not really taking climate change seriously here. We are getting one storm after another; these are not freak occurrences. The Government have invested £6 billion since 2010 to protect 600,000 properties; that is roughly £10,000 per property. Decent and well-maintained flood defences protect properties and businesses, but farmland is a different matter. Depending on the area of the country, flooding farmland can be part of the solution to preventing towns and villages from being flooded—a sad but necessary fact. The Environment Agency had been working hard after Storm Babet to clear river channels to ensure that water could flow freely but, surely, these issues are part of routine maintenance which should occur regularly, not just when a storm is threatened.

The Government have activated the flood recovery framework to provide relief to all those affected by flooding. This is good news. Can the Minister say when this will come in? Eligible flooded households can apply for £500 to help with immediate costs, together with 100% relief on council tax and business rates for three months. But it could be six months before flooded householders will be back in their homes; some people may be out for a year. Would the Government agree to looking at extending this tax relief longer in some cases? I welcome the scheme for flood-hit properties to be able to apply for £5,000 to help with flood resilience measures; this will help. What it will not do is stop it raining.

I also welcome the recovery fund for farmers who have uninsurable damage, with grants of up to £25,000 and up to £2,500 to help towards business-as-usual recovery. This should help many who have been severely affected. However, I am concerned about the Flood Re scheme, with over half a million properties benefiting so far from the scheme. As flooding incidents occur more frequently, I wonder whether the scheme will cope with the additional numbers and would be grateful for the Minister’s reassurance on this matter.

The Statement indicates that £5.2 billion is to be spent on new flood defence schemes in the current six-year period. The Minister in the other place indicated that there would be an announcement shortly on the application of successful innovative projects. Can the Minister give an indication of when “shortly” is likely to be? Will it be before the end of the month?

As for building on natural flood plains, I agree completely that local authorities should apply strict criteria covering new developments and ensure that they receive robust advice from the Environment Agency. It is also essential that future Secretaries of State do not overrule local authorities’ decisions to refuse developments on the grounds of potential future flooding.

The Statement gives a great deal of information on the actions taken in the wake of Storm Henk, but it makes little reference to climate change. The weather we are experiencing, which is causing such havoc, is the direct result of rising temperatures due to climate change. Last year was the hottest on record since records began. This is not going to change overnight unless the Government, businesses and the population take climate change seriously. Extensive drilling for oil in the North Sea, along with slowing down measures which would move the country more quickly towards reaching our carbon targets, are deliberately increasing the risk of more storms and floods. I hate to use the phrase “rowing back”, but that is exactly what the Prime Minister is doing when it comes to the implementation of the 25-year environment plan.

All government departments have a part to play in ensuring that the country tackles climate change. It is ludicrous to allow one department to deliberately throw caution to the wind and then expect another department to pick up the cost and mop up the mess caused. It really is time for co-ordination between all government departments to tackle this problem and help towards preventing yet another disaster for the farmer, householder and small business owner who will suffer life-changing events due to the lack of sufficient planning. If I were rating the Government’s actions on this issue, as other institutions are rated, I would give a “Good” for the last-minute emergency response, but for the long-term co-ordinated planning I fear I would give only a “Very poor” rating. It is time for climate change to be taken seriously.

[The Minister of State, Department for Environment, Food and Rural Affairs, and Foreign, Commonwealth and Development Office (Lord Benyon) (Con)]

I start by referring noble Lords to my entry in the register. I thank the two noble Baronesses for their questions: I will try to get through as many of them as possible and give other noble Lords a chance to ask questions. I know I speak for the whole House when I say we are very mindful of the impact that these floods have had on a great many households, individuals and businesses. Our thoughts are with them as they try to cope with the aftermath.

Several of our biggest river systems—the Trent, the Thames, the Severn and the Avon—saw record or close to record levels as they drained huge volumes of rain from across their river catchment areas. So far, 2,000 properties were flooded during Storm Henk and more than 80,000 properties were protected as a result of the Government’s investment in flood defences: we have to remember that there are a lot of people who did not flood because of the investment that has taken place. Over 1,000 Environment Agency staff have been working tirelessly in incident rooms to protect communities across the country—I thank the noble Baroness for raising the good work they have done. There is now an improving picture across the country as we enter a colder, drier spell and we see flood warnings continue to reduce over the coming days.

Ahead of the winter, early forecasting by the Met Office and the Flood Forecasting Centre enabled preparatory action to be taken at national and local levels, and I can assure noble Lords that that did take place, has taken place and will continue to take place. We exercise for these incidents. The largest civil contingency exercise ever undertaken, Exercise Watermark, took place a decade ago and since then there have been a number of others testing all the new systems we put in place following the Pitt review following the 2007 floods where we saw nearly 50,000 properties flooded. We have learned from that. Those who say that the way forward is some new, centralised system are ignoring the very important findings of that review, which said that we have to put more trust in local resilience fora, working with the emergency services, local authorities and the Environment Agency at a local level. It is really important that we continue to do that.

The Environment Agency wrote to all Members of Parliament in England to provide information for use in the event of flooding and launched its annual flood action campaign on 7 November, encouraging people to be prepared. Throughout the winter, Defra monitored the flood risk and chaired daily government meetings during Storm Henk to ensure that appropriate actions were being taken to minimise impacts to communities.

For all those who have, sadly, been affected, the Defra and Department for Levelling Up, Housing and Communities Secretaries of State activated the flood recovery framework, which the noble Baroness mentioned, on 6 January. This will allow eligible communities impacted by the flooding to apply for financial support. This will provide financial support to help with immediate clean-up costs and up to £5,000 to make homes and businesses more resilient for future flooding. Our flood recovery fund will support those farmers who have suffered uninsurable damage to their land; they will be able to apply for grants of up to £25,000—I will come on to talk about support for farmers in a second. Small and medium-sized business will also be able to apply for up to £2,500 from the business recovery fund to support their return to business as usual.

On the points raised by both noble Baronesses that there is somehow a rowing back, I would just state that when the noble Baroness’s party and mine came into government in 2010, 40% of our energy needs came from coal; that is now 1% and the 1% will be eliminated in years to come. No Government in the G7 or the European Union have taken more action on climate change. Our predictions for decarbonising our economy in the roll-up to the net zero date of 2050 outperform so many of our near neighbours and other developed economies.

The noble Baroness is absolutely right that the Environment Agency has said that it will be able to protect fewer homes. Construction inflation has had an impact on public procurement right across the piece —there is no doubt about it—but we have put more money into the programme and we will continue to protect homes.

The noble Baroness asked a very specific question about asset condition. There have been three Environment Agency asset breaches in January 2024. All were raised earth embankments in rural parts of Lincolnshire. There was minimal risk to properties but some impact on farmland. The Environment Agency is working with local landowners to understand the impact, assess the damage and plan for repairs. There were eight breaches during Storm Babet across the East Midlands. They have been inspected and repairs are under way.

On farmland, under the current schemes some 45% of the projects that have been put in place were in rural areas. So that protects farmland: we have protected over 700,000 acres. We are taking the impact of floods on our food security, the rural economy and the businesses concerned very seriously and are busy doing what we can to protect land and ensure that farmers can be supported in recovering from this. It is certainly going to have an impact on our food security, because large areas of counties such as Lincolnshire are very important for the production of crops that we all need.

On asset condition, I also say to the noble Baroness that our target is for 98% of all assets to be in a good condition: at the moment, it is about 93.5%. In this comprehensive spending review, we will get to somewhere between 94% and 95%. We have increased the maintenance budget to £221 million, an increase of £20 million.

I am conscious that time is too short to answer other questions and will certainly write on any other issues that have been raised.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend for coming to answer questions on the Statement. He referred to the Pitt review of 2007, in which Sir Michael Pitt clearly stated that we should end the automatic right to connect. A lot of the floodwater will contain sewage: it is sewage on farmland and in people’s houses. When is he going to introduce the consultation that will lead to the implementation of Schedule 3 to the 2010 Act that we were promised would be implemented this year? That is now absolutely urgent.

The noble Baroness on the Liberal Democrat Benches mentioned mapping and building inappropriately on flood plains. Can my noble friend give the House an assurance today that we are ensuring that local authorities are mapping to ensure that nothing is built on zone 3b land, where building should be an absolute no-no?

[Lord Benyon (Con)]

On my noble friend’s last point, 99% of planning permissions given in the last financial year were done in accordance with the Environment Agency’s advice on whether those developments should go ahead. Over the last 50 years there have been some appallingly bad decisions and we have seen housing going where it should not. But I absolutely do not agree, if that is what my noble friend is saying, that we should say that there should be no building on flood plains, because that would mean having no new buildings in cities such as York, Leeds, London and Exeter. Of course, it is not what you build but how you build it and how resilient it is, so building in resilience is vital.

I do not know a precise date for the final stage of our implementation of the Pitt review—a point that my noble friend raised—but as soon as I can find out I will drop her a line.

[Lord Watson of Wyre Forest (Lab)]

My Lords, I wish the Minister a happy new year. Given the increased frequency and impact of flooding, how confident is he that current assumptions on infrastructure adaptation and resilience are accurate? Will he take a personal interest in proposed flood defences for the people of Wyre Forest in Worcestershire? The good people of Bewdley were promised defences by the then Prime Minister Boris Johnson but, since then, have been flooded twice.

[Lord Benyon (Con)]

The noble Lord raises an important point. I assure him that, through the various fora looking at weather patterns—not least the Environment Agency and Defra working closely together—and through our entire adaptation programme, we are changing our view of the risk, in accordance with the best available science, particularly meteorology. This is a requirement under our adaptation programme, but it is also something we have to do to make sure that our plans and the vast amounts of taxpayers’ money that go into these schemes reflect this.

An important difference that has allowed us to take many more schemes forward has been the partnership funding approach. I do not know the specifics of the noble Lord’s Wyre Forest scheme, but so many did not qualify under the value for money criteria in the past and were not built. Now that we have introduced our partnership funding scheme, with other sources of funding, planning conditions, local levies and a variety of other measures, we have seen hugely increased numbers of schemes and protections put in place. I hope the noble Lord’s scheme will benefit from that and I will raise it personally with the floods Minister to ensure that it is in the programme.

[Lord Bellingham (Con)]

My Lords, I pay tribute to the Minister for the effort he made to visit some of the residents affected and also to the Prime Minister, who went to the East Midlands and Oxfordshire. That does them great credit. I understand from what the Minister said that 2,000 homes have been severely affected and badly damaged and that the vast majority will have full insurance. However, some have not been able to get cover, for a variety of reasons. Can anything be done to help residents facing that plight?

[Lord Benyon (Con)]

I thank my noble friend for his point about visits. It is hard to get this one right. Ministers should not be on site and getting in the way while an emergency is happening—but they should also not be too late. I think my colleagues hit the sweet spot; they were able to hear from people affected, feed that through to officials and make sure that, where changes needed to take place, they did. Our job is now to make sure that we learn from this, as we do from every incident.

On my noble friend’s second point, insurance available for people at flood risk has changed dramatically since we introduced Flood Re, which has meant that households that could not get insurance can now get it. That scheme must be constantly reviewed in the light of increased risk. Alongside that, £5,000 will be available to the households he mentioned and Flood Re can also fund resilience repairs under our build back better programme, which provides up to £10,000 towards the cost of like-for-like reinstatement after flood damage.

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

Lord Benyon Excerpts

Wednesday 10th January 2024 Lords Chamber

Moved by

[Lord Benyon]

That the draft Regulations laid before the House on 30 November 2023 be approved.

[The Minister of State, Department for Environment, Food and Rural Affairs, and Foreign, Commonwealth and Development Office (Lord Benyon) (Con)]

My Lords, I refer to my entry in the register. The draft instruments—the Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024 and the Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024—were both laid before the House on 30 November. The instruments have been grouped as they are part of a package of regulations which work together to introduce the new framework for mandatory biodiversity net gain. Although biodiversity net gain is a key policy delivered by the Environment Act, some of the policy involves amendments to the planning system. I will speak to both instruments together, given their interlinks, but I will not profess to be an expert om the intricacies of the planning system and commit to writing to noble Lords on points of particular detail.

The instruments laid before the House today form part of a package of SIs that will commence the new, world-leading biodiversity net gain requirement. This is a new approach to development and land management that was legislated for in the Environment Act 2021 and had strong support across both Houses. It aims to leave the natural environment in a measurably better state than it was beforehand through requiring a 10% net gain for biodiversity on each eligible grant of planning permission. These gains must be delivered, first, through on-site habitat enhancement or creation where possible, then through off-site enhancements or through purchasing units from the market and, finally, as a last resort, through purchasing statutory credits sold by the Government.

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

I turn first to the Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024. The Environment Act 2021 gives the Secretary of State for the Environment, Food and Rural Affairs the power to make provision for a register of biodiversity gain sites. The core purpose of this 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.

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

This instrument also provides for fees to be charged for different applications to the register. These 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 ongoing 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 off-site gains. Landowners who choose to supply off-site gains to developers must apply to register their land. We expect that they will do so only if the benefits from selling units outweigh the costs. Without these 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 Government.

I now turn to the Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024, which have been ably drafted by the Department for Levelling Up, Housing and Communities. The Environment Act 2021 amended the Town and Country Planning Act 1990 to make provision for biodiversity net gain in the planning system. The Act specifically adds a new Schedule 7A, which sets out the statutory basis for the 10% biodiversity gain objective, the metric and the general biodiversity gain condition which will apply to those 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 within Schedule 7A for determining the local planning authority which is responsible for the approval of a biodiversity gain plan required under the general biodiversity gain condition. Secondly, they further amend Section 73 of the Town and Country Planning Act, which enables the variation of conditions of previous planning permission to cover the circumstances when an earlier biodiversity gain plan is to be regarded as approved where the development’s on-site habitat is irreplaceable habitat. Finally, they make amendments to Section 78 of the Town and Country Planning Act for the purpose of appeals about determinations by planning authorities in respect of the biodiversity gain plan. These are technical amendments to ensure the provisions for biodiversity net gain in the Town and Country Planning Act work.

In conclusion, let me 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 the regulations are approved by both Houses, we will lay the rest of the biodiversity net gain regulations, which we have published in draft. I commend these draft instruments to the House.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I was expecting more people than this. I thank the Minister for his introduction, and I think it is very clear that what we are looking at here are two instruments from a very major set that will finally implement the idea of biodiversity net gain, which your Lordships’ House and the other place have been debating for what now feels like many years.

Before looking at the detail of these two statutory instruments, I think that it is worth thinking about what we are talking about here. We are trying to deliver a system, however much some of us—I include the Green Party in this—have doubts about it, that means that we do not keep going backwards. As we stand in the House tonight, we are about to see the destruction of a veteran oak tree in Melton Fields in East Riding for the construction of an Amazon warehouse. I have been on the site and seen this happening. The biodiversity net gain that is being offered is “We will have some wetlands over there”—I am not quite sure where the sign that says “Birds, go that way” will be—but there is huge concern and there is still so much that we are losing. I think it is crucial that we see that.

I have a couple of questions about the instruments that I would like to put to the Minister. He talked about ensuring full cost recovery in the fees being charged. What will be the situation for projects for the public good, such as a new hospital for the NHS, a community centre or group? What provision is there to make sure that the people who can afford to pay are paying and that those community projects are not stopped but able to go ahead?

The other point which I think reporting in recent days has raised—this fits in with the levelling-up Bill that your Lordships’ House spent an inordinate of time on last year—is that we are seeing controls being put on for more than 10% biodiversity net gain, and that is overwhelmingly concentrated in the south of England, where there are local area partnerships. In terms of these instruments, but also more broadly, will there be allowance for the regional differences, the regional cost differences and, perhaps even more importantly, the regional ability to pay, in the provision in these statutory instruments?

--- Later in debate ---

Having said all that, as I mentioned at the beginning, we very much support the regulations, but some clarification in the areas that I have drawn attention to would be helpful and very much appreciated.

[Lord Benyon (Con)]

My Lords, I am very grateful for the contributions to this debate. The regulations debated here today will support the new mandatory net gain requirement, which will help secure positive outcomes for biodiversity, create better places for local communities and support a more consistent, streamlined and transparent planning process. This is very much only part of how we seek to deliver our 2030 targets, which my noble friend Lord Deben mentioned, of no net loss of species, and an increase by 2045. It is really important to make that clear.

We estimate that we are talking about around 6,900 hectares a year, but hundreds of thousands of hectares of other nature improvements are being incentivised by wider biodiversity credit schemes, carbon credit schemes and nature conservation measures that are being led through our environmental land management and other agri-environment schemes. Communities across England will benefit from new developments that work for both wildlife and people and create nature-rich places to live, while ensuring that they have the new homes that they need.

To take the point made clearly by the noble Baroness, Lady Bennett, there will continue to be a need for development under any party of government, which means that there will continue to be a risk of the loss of biodiversity. We need a system that works and is clear.

I take my noble friend’s point: I suspect that they were talking about the Natural England metric when he was at that conference. I would be the first to admit that that is a very complicated piece of work: it runs to a great many pages, and I have tried to run a competition in my head, if not in the department, about how many people understand it. The point is that, as we develop this and as those metrics are understood by more people—the people advising the businesses that seek to purchase the credits and the land managers who seek to make the land available—we will see a robust scheme that is accountable.

I will try to address the key points raised. The noble Baroness, Lady Bennett, quite rightly raised the issue of whether 10% goes far enough—why 10%? We consulted on the percentage gain to be required in the 2018 public consultation. Respondents set out varying views on the appropriate percentage gain, and there were calls for both higher and lower percentages—obviously, there will be people out there who did not want any and people who wanted a great deal more. We maintain the view that 10% strikes the right balance between the Government’s ambition for development and the certainty of achieving environmental outcomes to support the pressing need to reverse environmental decline while being affordable and deliverable for developers.

Developers and local authorities may wish to voluntarily pursue gains higher than 10%—a very good point made by the noble Baroness, Lady Thornhill. Where higher net gain percentages may be set in local planning policy, careful consideration in those events should be given to the feasibility of requirements above 10%, for example for smaller, self-build and community developments —I think that is really important. To be clear, biodiversity net gain means a strengthening, not a weakening, of the protections for the environment. The existing strong statutory and policy protections for our statutory protected sites, protected species and irreplaceable habitats will remain in place.

My noble friend talked about on-site enhancements and how they will be enforced. Local authorities will 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 which has entered an agreement to secure the site will play a key role in ensuring enforcement. This may be a local authority or could be a responsible body for a conservation covenant. Significant on-site biodiversity gains must be secured by a planning condition, planning obligation or conservation covenant, all of which bind the land, meaning that they apply to successor landowners as well. Off-site biodiversity gains must be secured, including management, by either a planning obligation or conservation covenant. Failure to deliver, or attempt to deliver, biodiversity net gain outcomes which are secured with conditions or obligations, subject to which planning permission is granted, can result in enforcement action by the planning authority.

The fines, along with the registration fees, will have to be reviewed as time goes by. Of course, we will see how it works. So much of this can and will need to be amended as we work it through. On the point about fines, if the kinds of greenwashers that the noble Baroness was referring to have not built the wetland or planted the trees or the wildflower meadow or whatever it is, the 30-year clock will not start until they have—so it is not only a fine but a delayed benefit to them.

The noble Baroness talked about projects for public good, which was a very good point. On the question of a hospital, the fees will be paid by the landowner, so it will not come out of the cost to the public purse, if you like. There will, of course, be a degree of management of those fees: some of them may find their way into front-ending the costs. There is a key point about nationally significant infrastructure projects: we are delaying the implementation of biodiversity net gain until next year for NSIPs because it is a more complicated matter. These are obviously much larger schemes and we want to make sure that there is biodiversity net gain—but we want to do it in the right way, so we will consult on that.

My noble friend talked about net zero. Our commitment on net zero, as he knows better than anyone, and for no net loss by 2030, are just some of those that are locked in law—we have to do it—so the Government have taken a range of measures, not least this extraordinarily exciting piece of legislation, the Environment Act, to deliver that. It is important that we see it working and we will continue to make sure that we look at all suggestions that can improve the planning system to deliver this.

The noble Baroness, Lady Thornhill, talked about monitoring. Integrating the biodiversity net gain requirement into existing planning processes is obviously what we are talking about. The Government are allowing the outcomes to benefit from existing enforcement and monitoring powers in the planning system. Planning application data is routinely published online and will describe how a development is achieving biodiversity net gain. Off-site habitat enhancement will be registered and will need to be secured, including any appropriate monitoring arrangements, through a conservation covenant or planning obligation. Planning authorities are required under the Natural Environment and Rural Communities Act 2006 to report on the actions they have carried out to meet their biodiversity net gain obligations and the details of biodiversity gains delivered or expected to be delivered.

There are some real-life examples, and here I will big-up Buckinghamshire Council, which this week has put information on its website setting out how landowners and developers should engage with it to seek to enter into Section 106 agreements to secure their land, including the estimates of associated costs. These will be negotiated through the Section 106 agreement process, but should cover the costs of the ongoing monitoring that the local planning authority—in this case Buckinghamshire —will carry out. One such estate, the Iford Estate, has already entered into Section 106 agreements to secure portions of land. In the example of Iford, it has entered into a Section 106 agreement with the local authority—the South Downs National Park Authority. Private sector marketplaces are emerging which list BNG units for sale, operating to join up landowners with developers looking to find off-site units. Examples include Addland, the Environmental Trading Platform and Savills Environmental Exchange. I think the Environment Bank is one of the leaders in this field.

[Baroness Bennett of Manor Castle (GP)]

It is interesting that the Minister chose the example of Buckinghamshire. I was referring to the apparent difference that is developing between north and south—that, broadly speaking, higher standards appear to be being set in the south. Are the Government planning to monitor the regional impacts of this, and is the north going to get the biodiversity net gain that it urgently needs? Will the Government act if it is not?

[Lord Benyon (Con)]

The legal requirement is across the country; there is no geographical lessening of the need for it. We will certainly be monitoring which local authorities we think do this properly and which do not, and that will be a matter of public record.

I should just comment on the key question of irreplaceable habitats. These are obviously England’s most valuable habitats. They have a high range of biodiversity value and are so difficult to recreate—ancient semi-natural woodland, peat bogs and that sort of thing. On 29 November, we published the draft irreplaceable habitat regulations, which set out the list of habitats to be considered irreplaceable habitat for biodiversity net gain purposes. The local planning authority must be satisfied that the adverse effect of the development on the biodiversity of the on-site habitat is minimised and that there is an appropriate compensation plan in place. The regulations also set out that losses of irreplaceable habitats cannot be compensated for using statutory biodiversity credits. It is important to note that irreplaceable habitats already have significant protection in the National Planning Policy Framework. Impacts on these habitats from development require the strongest of justifications.

I will address another point made by the noble Baroness, Lady Bennett. Off-site gains, which could be biodiversity gains, on other landholdings, or purchasing biodiversity units from the market, are part of the new hierarchy that sets out the draft regulations on biodiversity procedures. This ensures that, where impacts on habitats cannot be avoided or mitigated, compensation should be delivered either through off-site gains, as I say, or through enhancing and creating habitats on site, and, as a last resort, through purchasing statutory credits from the Government.

The right reverend Prelate the Bishop of Norwich speaks with great knowledge—I heard his outstanding maiden speech in this House. He is an ecologist, and I would say that his erstwhile career is now a growth industry, which answers some of the points he made. I do not know the exact number of local authorities that employ their own ecologists; I am very happy to seek that out and to write to noble Lords. It is a growth industry, because developers and local authorities are going to need them. There are a great many local authorities that use a contractual arrangement, and so do not employ them directly, but many still do.

--- Later in debate ---

[Noble Lords]

Oh!

[Lord Benyon (Con)]

They are warm and cuddly people, and they always bend to our will.

I absolutely reject what the noble Baroness said about the land use framework. The report that she and her colleagues produced is one of the best reports that I have read produced by a committee of either House. It is being taken extremely seriously. I understand that it is taking longer than we would like to produce our land use framework, but we are certainly not dismissive of it; we think it is an extremely valuable piece of work. She asked for an example of land that would perhaps have a lower requirement: on much brownfield land there will be very little biodiversity loss, so that is an example.

I turn to all noble Lords who raised the question of costs. We fully comply with the new burdens rules in government, and we want to make sure that local authorities are using them to their best needs. The Government have already committed over £15 million this year to assist local planning authorities in preparation for biodiversity net gain. Defra is working to make sure that the information that local planning authorities need to prepare is in place before mandatory biodiversity net gain comes into force. We know that many local planning authorities are already delivering biodiversity net gain and that there are examples of good practice; I have already cited one of them.

We are aware of a range of preparation activity ongoing. This includes increased ecological skills capacity and training, including in the biodiversity metric, evidence-gathering and a range of other areas. Defra has also funded the Planning Advisory Service to support local authority planners to prepare for mandatory biodiversity net gain, and there are 600 members in its practitioner network.

I hope I have covered most of the points raised. As confirmed in the Government’s Environmental Improvement Plan, this Government are committed to halt and reverse nature’s decline. Biodiversity net gain is a key enabler for this, giving the development industry an opportunity to work with the planning system to ensure development improves and protects our precious biodiversity, rather than further eroding it. I commend the draft regulations to the House.

Motion agreed.

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

Lord Benyon Excerpts

Wednesday 10th January 2024 Lords Chamber

Moved by

[Lord Benyon]

That the draft Regulations laid before the House on 30 November 2023 be approved.

Motion agreed.

Trial of Jimmy Lai

Lord Benyon Excerpts

Tuesday 19th December 2023 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I too, like Iain Duncan Smith, welcome the change of rhetoric by the Foreign Secretary, who said yesterday that

“Jimmy Lai is a British citizen”


and called on the Chinese Government to release him. As Catherine West said, hopefully the Foreign Secretary’s intervention will not be a one-off, and we will continue to stand up for Jimmy in a sustained way and to maintain what I hope will be regular and effective communication with his family.

I know the Minister will not mention specific designations, but does he agree that more use of the Magnitsky sanctions is really important? Also, is there not a clear need for a cross-departmental China strategy to ensure that we can be effective in challenging China on these horrendous human rights abuses?

[The Minister of State, Department for Environment, Food and Rural Affairs, and Foreign, Commonwealth and Development Office (Lord Benyon) (Con)]

I thank the noble Lord for his words. On his first point about the Magnitsky measures that were included in the Sanctions and Anti-Money Laundering Act, I was involved in that process. They are robust and they stack up with similar measures that have been brought in by so many countries through the hard work of a great many people but particularly Bill Browder. They have applications right across the civilised world against acts of gross human rights abuse. We will continue to consider designations under the Global Human Rights Sanctions Regulations. We do not speculate about those, and is quite right that we do not. On 6 July 2020, the then Foreign Secretary announced the global human rights sanctions regime, allowing the UK to target human rights violators directly for the first time.

The noble Lord also asked about our China strategy. I refer him to the integrated review refresh, which has a very clearly set out approach to China—to protect, to align and to engage. Examples under protection are the National Security and Investment Act, removing surveillance equipment from sensitive government sites, and banning TikTok on government devices. Examples under alignment are deepening co-operation with core allies and a broader group of partners, G7 leaders and the like.

On engagement, we are strengthening contact with China. We invited China to the AI Safety Summit, we deliver messages on those occasions on human rights, and we press China not to support Russia. We will continue that kind of engagement, which we think is the right approach. It is all set out in the integrated review.

[Baroness Smith of Newnham (LD)]

My Lords, as the noble Lord, Lord Collins, said, it is good to hear that the Foreign Secretary is supporting the rights of Jimmy Lai. Can the Minister tell the House what His Majesty’s Government are doing in practical terms to try to re-engage China on the Sino-British agreement? In the other place yesterday, the Minister of State, Anne-Marie Trevelyan, simply said that

“the breaching of the Sino-British joint declaration is a great tragedy”.—[Official Report, Commons, 18/12/23; col. 1126.]

That sounds a bit like hand-wringing. Is any more being done?

[Lord Benyon (Con)]

The Sino-British declaration is a bilateral agreement registered with the United Nations. It is vital that we continue to raise it when we think it is being abused or when measures are being taken that are not in keeping with it or the values that underpin it, and we do that regularly. I have a list—I do not have time to relay it to the House now—of the times when we have raised these issues and examples of our continuing to raise them both bilaterally and multilaterally. I entirely agree with the noble Baroness that words are just that: words. The actions one can take when one side of a party is failing to sustain a bilateral agreement are very difficult to take, but we will continue to find all methods to raise the importance of this declaration.

[Lord Alton of Liverpool (CB)]

My Lords, I draw attention to my non-financial interests as listed in the register. I know Jimmy Lai and his family personally, and the noble Baroness, Lady Kennedy of The Shaws, and I are sanctioned by the Chinese Communist Party. Is this Stalinesque show trail of Jimmy Lai not a moment of reckoning for all who claim that they value the rule of law, human rights, press freedom and democracy? Is it not a moment of reckoning for the duplicitous belief that you can deepen trade deals while United Kingdom citizens and 1,762 political prisoners are incarcerated in Hong Kong jails? In calling for Mr Lai’s immediate and unconditional release, can the Minister say what practical steps we are giving him and his family? Do we intend to respond robustly if other United Kingdom citizens are caught in this CCP spiders’ web? Why are we not sanctioning those responsible, as the noble Lord, Lord Collins, asked? What more will we do to expose this charade and travesty of a sham show trial that makes a mockery of justice and the rule of law?

--- Later in debate ---

[Lord Benyon (Con)]

I thank the noble Lord for what he and others have done, and for their involvement with organisations such as Hong Kong Watch. The situation is exactly as he describes. He asked what the Government are doing to support Jimmy Lai and his family. We have met Sebastien Lai, as I know the noble Lord has; we are working with Doughty Street Chambers, which is running a very effective international campaign; and we have sought to provide consular access to Jimmy Lai, although it has been refused. The attempt by Jimmy Lai to have the legal support of his choice went to the highest court of appeal in Hong Kong, but that was rejected. At every stage, we have sought to represent the needs of a British citizen, and we will continue to do so. We will continue to seek consular access, which is currently being denied by the Hong Kong prison service, and to try to support his family here and around the world, while making sure that the campaign is as effective as it can be to get Jimmy Lai released.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I echo what the noble Lord, Lord Alton, said about the fake nature of the charges concocted against Jimmy Lai. Many noble Lords will not know the details of this case, but it really is shocking. I am a member of Doughty Street Chambers, which is involved in the case. The charges are not only a way of dealing with one of the most eminent businesspeople in Hong Kong; their purpose is to threaten and silence others who are speaking about the erosion of democracy and the rule of law there. I am grateful to the new Foreign Secretary for what he has been doing, and I thank the team working with him on this. There are real threats to the legal team, so what advice and help with security is being given to them? The noble Lord, Lord Alton, and I have both experienced the business of being sanctioned. I am being attacked in cyber ways all the time, and I have the benefit of security advice from this House, so I wonder whether that is happening to the other lawyers involved. Is the trial conforming to due process and do we have observers in the court? Will those of us involved in following this case and campaigning be told what is happening during the trial?

[Lord Benyon (Con)]

I pay enormous tribute to the noble Baroness for her work. The answer to her latter question is that we have consular staff attending the court daily and they are reporting back on the proceedings. She is right that it is a sham trial and that we need to make sure that we are raising this issue on every occasion possible. We are working with teams of expert lawyers, both nationally and internationally, and we are supporting Jimmy Lai in any way we can. The Foreign Secretary’s response was very robust and clear. This will continue to be raised at the highest level, as it has been recently, in bilateral meetings with the Chinese Government.

[The Lord Bishop of St Albans]

My Lords, I too congratulate the Foreign Secretary on a much more robust approach. This is not happening only in Hong Kong; it is part of a much wider movement right across China, where not only human rights but religious rights are being denied. Churches are being knocked down, pastors are being arrested and, most notoriously of all, there is, many people would argue, a genocide of the Uighur people. What are we doing with our colleagues internationally to press China on these rights in a consistent, long-term way that is backed up by sanctions?

[Lord Benyon (Con)]

I thank the right reverend Prelate. The Sino-British joint declaration is an internationally registered, legally binding treaty between the UK and China, under which China committed to uphold Hong Kong’s high degree of autonomy and to protect the rights and freedoms of its people. This explicitly includes freedom of expression and freedom of religion or belief; that is why we need to make sure that this declaration is upheld.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I declare my position as co-chair of the All-Party Parliamentary Group on Hong Kong. Jonathan Price, one of the members of the international legal team—which, as the Minister said, was denied the right to represent Mr Lai—said that

“the rule of law is eroded”

in Hong Kong. That is very evident to us all. Are the Government taking sufficient steps to warn British businesses engaged, or considering engaging, in Hong Kong that the rule of law does not exist there? Are they taking sufficient account of the fact that a number of British businesses—notably, banks—are cosying up to the Chinese regime in Hong Kong? Are the Government concerned about that and prepared to take action?

[Lord Benyon (Con)]

The Foreign Office makes very clear the rules that should apply to all companies when they do business in different parts of the world, and to access and travel. We believe that the right kind of trade with China and Hong Kong is right; it is a good way of engaging with a country and of using those occasions to make sure that we are making the points about human rights. We have very strict rules in this country that require businesses to declare their supply chains in a whole variety of ways. There are rules covering some of the things the noble Baroness talked about. What is really important is that we focus on the case of Jimmy Lai and recognise that it concerns not only him but others. This is a human rights issue that the Government take very seriously and we want to see it resolved very soon.

Israel and Gaza

Lord Benyon Excerpts

Tuesday 19th December 2023 Lords Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs, and Foreign, Commonwealth and Development Office (Lord Benyon) (Con)]

My Lords, as an Answer to an Urgent Question in the other place today, my colleague there gave the following response:

“The whole House will be gravely concerned about the desperate situation in Gaza. It cannot continue and we are deploying all our diplomatic resources, including at the United Nations, to help find a viable solution.

The scale of civilian deaths and displacement in Gaza is shocking. I was particularly disturbed to hear about the situation of civilians trapped in the Holy Family Church complex in Gaza City, the lack of water and food, and reports of sniper fire causing civilian deaths inside the complex. Although Israel has the right to defend itself against terror, restore its security and bring the hostages home, it must abide by international law and take all possible measures to protect civilians.

No one wants to see this conflict go on a moment longer than necessary; we recognise the sheer scale of the suffering and are appalled at the impacts on civilians. What we urgently need are more humanitarian pauses to get all the hostages out and life-saving aid in. We welcome the recent opening of the Kerem Shalom crossing to help achieve this, but it is not enough. Our immediate priorities are to secure the release of British hostages, to show solidarity with Israel in defending itself against Hamas while complying with international humanitarian law, and to call for such pauses—both at the UN and directly with Israel—to ensure that emergency aid can be distributed in Gaza, including fuel, water and medicine.

The Foreign Secretary will discuss the situation in Gaza with regional leaders this week in his visit to Egypt and Jordan. The Government have recently announced an extra £30 million of British aid, tripling the UK’s aid budget for the Occupied Palestinian Territories this financial year. To date, we have delivered 74 tonnes of aid, but there is still more to do: casualty numbers are far too high and we are calling on Hamas to release each and every kidnapped hostage. We are also actively exploring other routes for aid into Gaza, including maritime options.

Of course, as both the Prime Minister and Foreign Secretary have said, ultimately this must end. We of course want to see an end to the fighting, but this must be a sustainable ceasefire, meaning that Hamas must stop launching rockets into Israel and release the hostages. Over 130 hostages are still unaccounted for. They must be released immediately and returned to their families. To achieve long-term peace in the Middle East, a viable two-state solution is needed. Leaving Hamas in power in Gaza would be a permanent roadblock on the path to this. No one can be expected to live along- side a terrorist organisation committed to its destruction and dedicated to repeating those attacks”.

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Statement. As the ongoing humanitarian catastrophe worsens in Gaza, it is vital that the United Kingdom helps to build the conditions for a sustainable ceasefire—and that includes our work on the United Nations Security Council. I know that Ministers, including the noble Lord, Lord Ahmad, have been working hard to find a text which can be agreed on that can lead to a cessation of violence and the release of hostages. While the outcome of the Security Council deliberations will not be known until later today, the mobilising of humanitarian support must be stepped up. Andrew Mitchell said in the other place that we will increase support for UNRWA directly into Gaza which, he said, now has US backing. Can the Minister give us more details of this and of how we are working with all UN agencies to get aid into Gaza?

[Lord Benyon (Con)]

I thank the noble Lord. He is right that things are at a crucial stage at the Security Council. We are expecting a vote at approximately 5 pm our time and are working really hard to make sure that we have a text that can be agreed on. It is involving all the diplomatic skills we have at hand. We will make sure that we keep the House informed on the progress of that and will explain the text we have achieved.

The noble Lord is absolutely right to raise humanitarian support. Some £10 million to support Palestinian refugees has been committed at the UN Relief and Works Agency for Palestine Refugees. In addition, £150 million has been committed to support vulnerable Syrians and £70 million has been contributed to the UNHCR. A whole range of different schemes have been adopted in the region, but we have tripled our particular support to those in Gaza to make sure that we are supporting them. The humanitarian aid we want to see delivered has a number of potential routes in. One, which I mentioned earlier, was a maritime option, but that of course requires the agreement of both Israel and Hamas. We are also investigating a cross-land route via Jordan through Israel through to the Kerem Shalom crossing. These are complicated issues to negotiate, and we will continue to keep the House informed on our progress.

[Baroness Smith of Newnham (LD)]

My Lords, we seem to be facing something of a moving target. When the Minister of State made the response in another place, the suggestion was that the UN vote was expected at 3 pm our time. My honourable friend Layla Moran, in asking her supplementary in the other place, noted that the Government

“talk now of a sustainable ceasefire”,

and asked whether they will demand “an immediate bilateral ceasefire”. It is not clear that the Minister of State in the other place gave a direct answer to that, so I wonder whether the Minister is able to do so and whether he can tell us whether the naval support being sent will be able to support ships getting through the Red Sea and keep trade lines open as well.

[Lord Benyon (Con)]

I am mindful that the noble Baroness’s friend in the other place has family in the Holy Family church in Gaza. We are very keen to make sure that we are supporting both getting aid to people like that but also to make sure that we are holding Israel to the very clear statement of President Herzog, who said that:

“The State of Israel and the IDF continue to act in a humanitarian manner and in accordance with international law”.


The eyes of the world are on this. We were all appalled by what happened on 7 October; Many Members of this House have seen the footage of those terrible attacks, and absolutely accept the right of Israel to defend itself. But we want to get aid in and make sure that Israel is operating in accordance with humanitarian law. The sustainable ceasefire that we are talking about, which my colleague the Foreign Secretary and his opposite number in Germany have put together, is about stopping the launching of rockets, releasing the hostages, and moving to that key two-state solution. That is what “sustainable” means in this context.

[Lord Swire (Con)]

My Lords, I declare an interest as a past chairman of the Conservative Middle East Council, and ask my noble friend for clarification. The Permanent Representative to the UN, Dame Barbara Woodward, suggested that the reason the UK abstained at the recent vote in New York was because the Motion did not condemn Hamas. Can the Minister be very clear—had it condemned Hamas, would the United Kingdom have actually voted for the resolution? Secondly, when you have the spokesman for the Israeli Government, the Ambassador to the UK, Tzipi Hotovely, ruling out ever having a two-state solution, do we not need to finally admit that the two-state solution is over, and we need to be a little more creative and forward-leaning in working out where we go from here?

[Lord Benyon (Con)]

I hope that we are being as creative, forward-leaning and dextrous in our diplomacy. Our permanent representative to the UN is working on the text which, we believe, must make some reference to the atrocity of 7 October but also—it is possible to hold two thoughts in our head at the same time—we want to make sure that aid is getting in and that we have a political solution. We know that this conflict cannot continue, and certainly not in its current form, and we want to see an end to it.

[Lord Austin of Dudley (Non-Afl)]

My Lords, the reason civilians in Gaza are at risk is because Hamas hides its weapons in densely packed residential areas and in hospitals and schools. What the atrocities on 7 October show, which Hamas has promised to repeat, is that there is no prospect of the peace process we all want to see with Islamist terrorists committed not just to killing every Israeli but to the murder of Jews worldwide. This is why the UK Government should be doing all they can to support Israel’s campaign to deal with Hamas and free the hostages.

[Lord Benyon (Con)]

My Lords, that is what we are seeking to do. The reports of weapons being found in child incubators in hospitals are appalling, if true. They should be condemned by everybody, and we should be working to secure a lasting peace in this area. I understand the noble Lord’s frustration; in order for this to happen we have to get both sides to move, and we are trying to use all the diplomatic levers at our disposal to achieve that.

[The Lord Bishop of Southwell and Nottingham]

I am grateful to the Minister for his comments so far. I want to raise two specific incidents with His Majesty’s Government that are of particular concern to these Benches.

News arrived overnight of the actions of the Israel Defense Forces in destroying the entrance wall of the Anglican Al-Ahli hospital in Gaza City, closing that facility, detaining most of its staff and leaving a tank on the rubble. The second incident relates to comments made by the deputy mayor of Jerusalem on LBC radio this morning, where she was questioned about a sniper attack on two Christian women in the compound of the Holy Family Church. She said that there were no Christians or churches in Gaza and that they have been “driven out by Hamas”. There remains a small, yet highly visible, Christian community in Gaza, which is very notably engaged in the provision of Gaza’s healthcare facilities.

While I recognise the right of Israel to pursue its legitimate military objectives, I ask the Minister to ensure that His Majesty’s Government make clear to the Government of Israel that the targeting of religious buildings, their people and the healthcare facilities they provide to the community is unacceptable, and that the Church in this country expects the prompt release of medical staff detained from the Al-Ahli hospital.

[Lord Benyon (Con)]

I do not have time to go into the details of the two incidents that the right reverend Prelate raises, but our information is that there were no Hamas fighters in or around the Holy Family compound and that the people who work and live there are nuns and other employees, or people who work with them. We want to make sure that they are protected and given all the protection one has a right to require for such people in a conflict situation.

[Baroness McIntosh of Pickering (Con)]

My Lords, may I press my noble friend on the possibility of delivering humanitarian aid through maritime routes? Will he also look at the conflict in the Red Sea that is now impacting on our own merchant shipping?

[Lord Benyon (Con)]

RFA “Lyme Bay” is off Cyprus, ready to go, and will require, as I said, the agreement of both sides in the conflict for it to make a maritime landing of aid—I cannot say more on that.

On the other question, which I think I did not answer the noble Baroness about, relating to the situation in the Red Sea, we are working with our allies. The United States Secretary of Defense, Lloyd Austin, has put together a plan, which we are part of, to ensure that international shipping will continue to be able to head through the Strait of Hormuz. It is an absolutely vital seaway for the security of the region and for the trade routes throughout the world, and we are treating that as an absolute priority.

Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023

Lord Benyon Excerpts

Wednesday 13th December 2023 Lords Chamber

Moved by

[Lord Benyon]

That the draft Regulations laid before the House on 7 November be approved.

Relevant document: 3rd Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

[The Minister of State, Department for Environment, Food and Rural Affairs, and Foreign, Commonwealth and Development Office (Lord Benyon) (Con)]

My Lords, I declare my farming interest as set out in the register. This instrument is part of our agricultural transition in England away from the common agricultural policy towards our environmental land management schemes. It introduces delinked payments in 2024, which are a simpler type of payment, in place of direct payments under the existing basic payment scheme in England.

Unlike the basic payment scheme, delinked payments will not be based on the amount of land someone has. Instead, they will be based on the basic payment scheme payments, made in a reference period. This will reduce administrative burdens as we phase out the payments by the end of 2027. There will be no need for an annual application form, as the Rural Payments Agency will already hold the data needed to check eligibility for the payments. This will mean that farmers have to spend less time filling in forms compared to the current scheme.

Delinked payments will be made to those farmers who claimed and were eligible under the basic payment scheme in England in 2023. The payments will be based on a reference amount. This will be the average payment made to the business for the 2020-22 basic payment scheme. To provide flexibility for farmers, we are allowing reference amounts to be transferred between businesses. They can do this during a transfer window from February to May next year.

This will particularly help businesses that have changed their structure since the start of the reference period. For example, if two or more businesses have merged, the reference amount could be transferred from the original businesses to the current business. Special rules apply to inheritance cases. The Government intend to reduce the payments each year by applying percentage reductions to gradually phase the payments out. This will continue to free up money to be invested in our new farming schemes. The reduction percentages will be set in future secondary legislation, which will be debated by the House. We intend to make the payments in two instalments each year to help cash flow. Ending the basic payment scheme also means that the associated cross-compliance system no longer applies; this is a system that our farmers have widely disliked as being over-bureaucratic.

I will move on to the regret amendment. When cross-compliance ends, farm standards will be maintained through existing and ongoing domestic regulations that protect the environment, the public, animal and plant health and animal welfare. These regulations will be enforced in a fair, consistent and proportionate way by our existing regulatory authorities. The rules within cross-compliance that are not in underlying domestic legislation will have cover through existing and forthcoming guidance, regulation or incentives. We will deliver a fair, clear and effective system to regulate agriculture. Defra is working with regulators to implement a more preventive, advice-led approach to monitoring and enforcement.

The introduction of delinked payments is an important step in our transition to payments that deliver better environmental outcomes. For example, we have used the money freed from direct payments to establish the slurry infrastructure grant to help livestock farmers tackle pollution from slurry. This includes committing to spend more than £200 million in ongoing grant support for equipment and infrastructure. We are also funding our expanded sustainable farming incentive, which rewards farmers for practices that help produce food sustainably and protect the environment. This includes funding for grass margins for protecting our rivers, for legume fallows to improve soil health and for grassland without fertiliser inputs. We continue to fund our successful Countryside Stewardship scheme and our landscape recovery scheme, which is already funding the restoration of more than 400 miles of rivers.

In conclusion, by introducing delinked payments, this instrument enables us to pay former basic payment scheme recipients for the rest of the agricultural transition but without the bureaucracy associated with the current scheme. It does not mean an end of protections for the environment, animals and plants. Our agricultural reforms are about delivering better outcomes, so that the countryside and wildlife that we all so value can be protected for future generations. I beg to move.

Amendment to the Motion

Moved by

--- Later in debate ---

[Lord Benyon (Con)]

I thank all noble Lords for their valuable contributions today. I will try to respond to all the points raised. I welcome that there seems to be unanimity of understanding that we need to make the transition we are making. That is of great comfort to the farming community. Regardless of the electoral cycle, there is a basic understanding that the payment system under the common agricultural policy had malign incentives.

As has been said, I have just come back from COP, where one of the things we were trying to do was remove the malign incentives and malign subsidies on production and move more towards incentives that will support nature and carbon sequestration, and lower carbon and greenhouse gas emissions. What the Government are trying to do is very much in that context. At the heart of that is having a farming sector producing food of high quality, in a regulatory framework it can understand, and which trusts the sector to make the right choices, but which also has a regulatory framework for the odd occasion that someone does break the rules. I will come on to talk about that in more detail.

As I have said exhaustively at this Dispatch Box, this Government have set rigorous targets on nature restoration. By 2030, we will see no net loss of species in England. That is in our environmental improvement plan; it is written into law. That is something we are determined to achieve. Six years is a heartbeat in nature, and we have set ourselves a target that is stretching but possible. We will not achieve it, even if we double the number of people employed in our agencies and double the amount of money available for regulation, without working with the farming community. They are the people who will deliver the reversal of the decline of species and deliver on so many of our targets.

We think now is the right time to introduce delinked payments. By 2024, we will be over half way through the agricultural transition period, during which direct payments in England are being phased out. The rules and administration currently associated with the land-based basic payments scheme would be entirely disproportionate. I note that there is an understanding of that in this House.

Replacing the scheme with delinked payments reduces that administrative burden for farmers and, undoubtedly, a serious burden for the taxpayer. The basic payment scheme did little for food production. In fact, decoupling of payments from food production took place over 15 years ago. Delinking will free up farmers to focus on running their businesses and feeding the nation while protecting the environment. It will have no impact overall on the food security of our country. The Government committed to broadly maintain the current level of food we produce domestically, in the food strategy White Paper published in June 2022. We want to see our food security increase and the proportion of food we consume that is produced here increase. The next UK food security report, which will include updated information on where food consumed in the UK is produced, will be presented to Parliament by the end of 2024.

I would also say that the basic payment scheme did little to encourage farmers to take meaningful environmental action. The introduction of delinked payments and the end of cross-compliance is a further step in directing government spending in England to deliver more environmental benefits through our new farming schemes. When cross-compliance in England ends, farm standards will be maintained. Existing regulations will continue to protect the environment, animals and plants, and we have consulted on new hedgerow protections. We will continue to assess the impact of farming activities on the environment.

We are working closely with regulators to make sure that the regulatory system is fair, more supportive and effective at changing farmers’ behaviour. For example, the Environment Agency has been working with farmers to support them back to compliance, expanding from around 300 visits per year to over 4,000 from 2022-23. We have also written to all basic payment scheme applicants so they are clear on the need to continue to meet farm standards when the cross-compliance system ends. The rules they need to meet are on the “Rules for farmers” page on GOV.UK.

I will come back later to the point the noble Baroness, Lady Bakewell, raised about whether this was going to see an inexorable move to larger farms, but the basic payment scheme did nothing for small farmers as over 50% of the money went to 10% of the largest farmers. If anything, it has seen that drift away. We feel that the system can now support small farmers and that they will have a continuing vital role. Whether they own the land or rent it—as was raised by my noble friend Lady McIntosh—they will have a future in our farming sector.

Our expanded 2023 sustainable farming incentive has attracted over 15,000 expressions of interest and, in the two months since the application window opened for the 2023 scheme, there have been over 4,000 applications. This is more than were submitted in the whole of last year. Now with over 32,000 agreements, a 94% increase since 2020, our Countryside Stewardship scheme continues to be popular. This shows that our schemes are working for farmers and delivering for the environment. The first round of our landscape recovery scheme had 22 schemes and 34 schemes are shortlisted for our second round, many of them having food production at the heart of what they seek to do.

The noble Earl, Lord Peel, raised an important point about standards, and I will come on to talk about that. I know that the way he manages land knocks the environmental improvement plan targets out of the park by precisely the kind of management we want right across the country. It is vital that he and others understand that these standards will be maintained. In response to a point raised by the noble Baroness, Lady Hayman, I say that compliance with farm standards will be monitored by the existing statutory bodies. We are working with the Environment Agency to support farmers to undertake farming activities in a way that minimises risks to environmental outcomes; with Natural England to help farmers protect and enhance protected sites and biodiversity; the Rural Payments Agency and the Animal and Plant Health Agency to protect the health of our plants and animals and to maintain biosecurity; and the Forestry Commission to help farmers protect and enhance our trees and woodlands.

Hedgerows have been mentioned in this debate. There are existing legal protections for them outside of cross-compliance. The Hedgerows Regulations 1997 prohibit the removal of countryside hedgerows without first seeking approval from the local planning authority. The Wildlife and Countryside Act 1981 contains protections for nesting birds—precisely the point that the noble Baroness raised. We have also recently consulted on the best way to maintain and improve protections after the end of cross-compliance, as well as our approach to enforcement. We will shortly publish a document summarising responses, including our next steps.

It is worth noting that in many areas there are now more hedgerows than there were before farmers got paid to take them out, in the 1970s. In our lifetime, that extraordinary perverse incentive in a drive for production is now being reversed, mainly driven by schemes, whether Countryside Stewardship or others. We are seeing farmers planting hedgerows on a grand scale—and they are vital for carbon sequestration and biodiversity.

The farming rules for water will continue to protect watercourses. This includes provisions for not applying fertilisers and manure 2 metres from a watercourse. The Code of Practice for Using Plant Protection Products also requires land managers to not apply pesticides within 2 metres of a watercourse. Furthermore, the Environmental Protection Act 1990, the Water Resources Act 1991 and the Environmental Permitting (England and Wales) Regulations 2010 protect against a land manager causing water pollution.

Our domestic farming rules for water require farmers to take reasonable precautions which prevent soil erosion, such as establishing cover crops and grass buffer strips. This helps to prevent or limit agricultural diffuse pollution of inland or coastal waters from farming and horticultural activities. Added to that, the sustainable farming incentive scheme rewards farmers for sustainable farming practices. This includes introducing herbal leys and grass-legume mixtures or cover crops that help to provide soil cover and prevent soil erosion by binding the soil, in a way that perhaps was not happening before.

The question of an impact assessment was raised, but one has not been prepared for this instrument because it is not a regulatory provision. However, the Government have already published evidence providing in-depth assessments of the impacts of removing direct payments and assessments of delinking. This includes the farming evidence compendiums published in 2018 and 2019, and our 2018 assessment of the impact of removing direct payments. We also published 2021 and 2022 Agriculture in the UK evidence packs.

A very good question was also raised about public money going to farmers who are not actually farming. Delinking the payments from the land means that there will be no requirement to continue to be a farmer to receive the payments as they are phased out. However, the vast majority of delinked payment recipients will continue to farm. Delinking the payments will benefit those who continue to farm, as well as those who choose not to. For example, recipients will not have to worry about the basic payments scheme land eligibility rules and associated paperwork. When farmers choose to leave the industry, this should create opportunities for other farmers who wish to expand and for new entrants.

It is vital to make this point. A few years ago, the average farmer was me. My friend the Farming Minister Mark Spencer burst out laughing when I said that, and he said, “No, you are not the average farmer”. What I meant was that I am 63. But actually, in recent years, that age has started to fall, and it is a welcome fact that we are now seeing a younger and more dynamic group of people starting to look at farming as a career. We need to assist that.

We have a new entrant scheme. We are working hard to see whether we can develop that hand in glove with an exit scheme that assists those who feel that the new world is not for them. They need to be allowed to retire with dignity and to feel that their contribution has been made but now is the opportunity for new ideas, new techniques and new innovations to come in. Our farm innovation grants, new entrant schemes and much of the support that we are providing are targeted at those groups of people who want to see a sustainable, profitable farming business in their lives. That is what we are trying to do.

We are developing our new scheme so that there is an offer for all farm types, including smaller farms. I have already stated why the system that we are moving away from militated against smaller farms. For example, there is no minimum amount of land that can be entered into the sustainable farming incentive. From January 2023, we introduced a new management payment for the sustainable farming incentive which gives £20 per hectare for the first 50 hectares and supports the administration costs for entering the scheme.

I have done my best to address the points that have been raised, and I hope that I have answered the point about a regulatory gap. There is plenty of provision to make sure that the small minority of farmers who break the rules are still able to be sanctioned. Where we think there may be a gap, and to be absolutely sure, we are very happy to have a belt-and-braces approach—for example, in the protection of hedgerows—and we will make those changes if they are necessary. We want to work with the farming community and want to see farmers succeed in an environment of trust that allows them to run their businesses in a way that has the least impact, compared with the bureaucratic systems that have operated hitherto.

Introducing delinked payments is an important milestone in our agricultural reforms. It reaffirms the Government’s commitment to move away from untargeted subsidies and to continue with our planned reforms, which will better support farmers and the environment. I commend these regulations to the House and hope that I can persuade the noble Baroness not to press her regret amendment.

[Baroness Hayman of Ullock (Lab)]

My Lords, I apologise, as I should have declared my interest as president of the Rare Breeds Survival Trust at the start of the debate. I thank all noble Lords who have taken part and thank the Minister for his very thorough response. I also congratulate him on his resilience and commitment in coming straight from COP to this debate.

I beg leave to withdraw my amendment.

Cyber Democratic Influence

Lord Benyon Excerpts

Monday 11th December 2023 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, I share the sentiment that we all need to work together in defending democracy. I thank the Government for the Statement, but this is not a surprise, as we have known for some years that people in Russia—in previous years in Ukraine—and Belarus have been doing their best to hack into British politics to spread disinformation and to influence what is going on. We also know about the Chinese attempts to do the same.

This is all part of the transformation of election campaigning since the digital revolution and social media have become so important. I look back to the first election in which I took part, in 1966, when achieving an article by my party leader in the News of the World was by far the most important thing I did in four weeks. We are now in an utterly different world. Perhaps I should add that this was partly because the article appeared against a half-page picture of the President of Indonesia’s fourth wife, who was extremely attractive. At least people will have read “Jo Grimond” in the headline.

I emphasise here wider issues about shared interests and how the Government and other parties should be encouraged to work together. At present, there is, if you look at all the opinion polls, a very low level of public trust in Westminster politics and the lowest level of trust in government as such. That suggests that the Government and other parties should be as transparent as possible about what is being done and as cross-party and non-partisan as possible.

I note that the Electoral Integrity Programme is part of DLUHC. That seems to me odd. It ought to be part of a stronger Electoral Commission. I regret that the Bill—now an Act—last year weakened the Electoral Commission, because this is central to our democracy. We need to have integrity which is guaranteed by a cross-party and non-party institution. Similarly, on a slightly different collection of issues, the Defending Democracy Taskforce was introduced very much as a government initiative without engaging much with the opposition parties. I suggest that, in reassuring the wider public and civil society and rebuilding the public trust which has been lost, some mechanism involving other parties and cross-party organisations with government activity in this field would be useful. It is not for the Executive to defend integrity and democracy—after all, sometimes it is the Executive who undermine democracy; it is for Parliament, the courts and other independent agencies.

I want to make a second wider point. We should not ignore attempts at foreign interference in our democratic processes by non-state actors, as well as state actors. The Minister in the other place, in replying to one of the questions, said:

“I am pleased that in our domestic legislation we have the ability to ensure that countries with malign intent do not use think-tanks or other fronts to influence domestic political discourse in a way that is contrary to the health of our democracy”.—[Official Report, Commons, 7/12/23; col. 492.]

I agree with that, and I am concerned that there are now a number of extremely well-funded, very right-wing American organisations, on the edge of being anti-democratic, which are doing their best to interfere in British politics and which are putting funds into party factions, into conferences that take place in London and into think tanks. This is non-transparent and, I suggest, ought to be included in the integrity issue of foreign money flowing into British politics.

We have all witnessed the deterioration of American political campaigning and debate in recent years. We have a shared interest in preventing the UK following down that road. That needs to be part of how we prevent that happening, with conspiracy theories creeping into this country and so on. Free and fair elections depend on free and open debate, in which respect for facts and evidence is shared on all sides—a quality that has now been almost entirely lost in American campaigning. We need to make sure it is not lost here.

[The Minister of State, Department for Environment, Food and Rural Affairs, and Foreign, Commonwealth and Development Office (Lord Benyon) (Con)]

My Lords, I thank both noble Lords for the unified front we are all showing against this appalling attack, recognising that this is just part of a world of increasing insecurity and increasing threats to us.

The noble Lord, Lord Collins, referred to the need to up our game. A few years ago, we all heard about these bot farms that were targeting people in a broad and uncomplicated kind of way. What we have identified with this attack is how highly targeted it is and how it is targeted towards the very heart of our democracy—the values that we all espouse in a free and open society. It is not just parliamentarians who have been attacked; it is the whole variety of different sections of our society, which are at the heart of what makes us a free and open society. They targeted political figures, civil servants, journalists and NGOs, all with the intent to meddle in British political and democratic processes.

We need to understand that Centre 18, a unit within Russia’s FSB, has been involved in a range of cyber-espionage operations targeting the UK and that the so-called Star Blizzard, a cyber group that is almost certainly subordinate to Centre 18, is responsible for a range of malign activities targeting British parliamentarians from multiple parties. It is worth noting that that group has selectively leaked and amplified the release of sensitive information in the service of Russia’s confrontative goals, and that these cyber actors used a combination of targeting, tailoring their operations in a far more sophisticated way than is usually the case. This targeting is not limited to politicians but includes public-facing figures from all parts of society.

The noble Lord, Lord Collins, talked about how we are working with our international partners. We engage international partners on issues of mutual concern. We are grateful for the support of very many international partners that have provided information, but we obviously will not go into detail on any specific contributions or types of engagement. Noble Lords will have seen the sheer breadth and depth in unity from our like-minded partners and allies who have joined us in calling out this malicious activity. The US is a long-standing ally, as are other Five Eyes members, and we will continue to engage with it on issues of mutual concern. We are grateful for the support the US has provided and will continue to work with it and all partners which seek to protect our democracy.

The noble Lord, Lord Collins, said that, in order to up our game, we have to make sure that we have the resources necessary for our institutions and organisations to protect us. This was a complex operation and we have been working hand in glove with our partners to identify those responsible and hold them to account. The activity announced last week is part of a broader pattern of malign cyberactivity conducted by the Russian intelligence services across the globe. The United Kingdom has been continuing to bolster its resilience since 2018 against both the Russian and wider cyber threats. We continue to invest to bolster our cyber defences in support of our national cyber strategy. His Majesty’s Government are investing £2.6 billion in cyber and legacy IT until 2024-25, including a £140 million increase in the national cybersecurity programme.

The noble Lord raised a very important point about the number of elections taking place in those 40 countries—that will be 4 billion people exercising their right to self-determination about who governs them. There is no more fundamental basis for a free society than that, and we want to assist all those countries in any way we can. The level of technical expertise in this country, and our strategy, have been widely acclaimed and have the support of all political parties in this country. We want to make sure that we are sharing that expertise with other countries.

The noble Lord, Lord Wallace, mentioned other countries, and of course we are acute to threats of this type of activity from other countries. He is right to point out how they are reaching the electorate. In elections past, it was a simple matter of the media as the most basic way in which people got information that informed their political views, but now, through social media and the malign intent of certain individuals, people can be led to a false conclusion. We want to make sure that we are transparent and open.

Elections in this country are run by local authorities, and we are doing everything we can to assist them to make sure that their defences are robust, recognising that next year there is an important election. We are supporting them. DLUHC, the department that interfaces with local government, is working with local authorities, but it is a cross-government activity.

The final point the noble Lord made was about non-state actors, and he is absolutely right. We need to have measures in place to fact-check when people are using malign and false content in order to influence people. In certain constituencies, there will be a very few people who can sway that constituency one way or another. If they are being approached in the kind of way that this kind of attack has proved, we want to make sure that we have defences that can be deployed and that we can inform people that they have been the subject of this kind of attack.

[Baroness Stuart of Edgbaston (CB)]

My Lords, I very much welcome the Minister mentioning local authorities and ensuring that they are robust in the most vulnerable period—when votes are being cast—but what discussions are being held with the political parties specifically? They hold sensitive data. If I wanted to cause major disruption on polling day, I would be worried about the security of data held by political parties. Can the Minister assure me that thought is being given to that?

[Lord Benyon (Con)]

The noble Baroness was a member of the Intelligence and Security Committee with me. She was very much part of this debate for many years and has great expertise. She is right. Political parties need to be assisted through the National Cyber Security Centre and the national cybersecurity strategy to protect their data. She is right that we have seen elections in other parts of the world—and there have been some suggestions that we had attacks closer to home—in which these kinds of data breaches have resulted in a key moment in an election being difficult to manage. We want to assist every political party. Everyone can have access to it. It is not just Members of both Houses and the staff who work in this place but the political offices and constituency operations run by political parties right across the country that need access to this to be aware, resilient and absolutely sure that their systems are properly protected. It is in all our interests to make sure that we have clean, fair, open elections and that people are protected from this kind of attack.

[Lord Lancaster of Kimbolton (Con)]

My Lords, the war in Ukraine has been significant for a change of approach in UK government policy with regard to intelligence. We have been proactively releasing military intelligence about what we expect Russia to do into the public domain ahead of events, and this has undoubtedly influenced what Russia then does. There are parallels to this area. It is one thing reactively trying to attribute actions to Russia after the event, but would we consider doing exactly the same when it comes to this, hopefully influencing Russia and preventing it acting in the first place?

[Lord Benyon (Con)]

Our response to this attack is quite clear. The Russian ambassador was called in to the Foreign Office, and we have sanctioned two individuals who worked for this organisation. The investigation is ongoing, and we will take all steps necessary to make Russia understand that it is not worth its while doing this kind of work. We know that actions of misinformation are as old as the Soviet Union, and go right back to many activities happening in the days of the old KGB. What the FSB and organisations within it are now doing is absolutely an extension of that. They are using their technology to target us in different ways.

The UK has worked with Ukraine to increase its resilience in cyberspace over several years. This has included measures to enhance its incident response, forensics and assessment processes. We are providing £6.35 million in cyber support to Ukraine as part of the UK’s Conflict, Stability and Security Fund. This includes technical assistance to the MFA to protect its websites from distributed denial-of-service attacks and provide daily cyber threat intelligence. Increasing resilience is an ongoing process, and we are committed to increasing our efforts. We cannot go into further details of the support we are providing, but we are working with all our allies to make sure that countries such as Ukraine can withstand a relentless attack, not just physical kinetic warfare but in cyberspace as well.

Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2023

Lord Benyon Excerpts

Monday 11th December 2023 Lords Chamber

Moved by

[Lord Benyon]

That the draft Regulations laid before the House on 26 October be approved.

Relevant document: 1st Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 6 December.

Motion agreed.

Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2023

Lord Benyon Excerpts

Wednesday 6th December 2023 Grand Committee

Moved by

[Lord Benyon]

That the Grand Committee do consider the Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2023

Relevant document: 1st Report from the Secondary Legislation Scrutiny Committee

[The Minister of State, Department for Environment, Food and Rural Affairs, and Foreign, Commonwealth and Development Office (Lord Benyon) (Con)]

My Lords, these regulations were laid before this House on 26 October. This instrument amends the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 and the Plant Health etc. (Fees) (England) Regulations 2018 to extend an exemption in certain circumstances from the payment of fees in connection with applications for a phytosanitary certificate.

The 2015 and 2018 regulations set fees for delivery of plant health services in England by the Forestry Commission and Defra respectively. This includes fees for phytosanitary certification services required to comply with entry requirements relating to controlled plant health material. All businesses that use these services are charged a fee to recover the cost of delivery.

Earlier this year, the UK Government and the European Union announced the Windsor Framework. It fundamentally amends the old Northern Ireland protocol to restore the smooth flow of trade within the UK internal market and safeguard Northern Ireland’s place in the union. Under the Windsor Framework, new schemes allow for the smooth movement of retail agri-food goods, plants and seeds for planting, seed potatoes, and used agricultural and forestry machinery and vehicles from Great Britain to Northern Ireland.

Where goods do not move with the new Northern Ireland plant health label or via the new Northern Ireland retail movement scheme, they must meet different requirements including, in the case of plants and plant products, being accompanied by a phytosanitary certificate. These goods move through what is sometimes referred to as the red lane, where fees and certification requirements apply.

For businesses that move goods from Great Britain to Northern Ireland outside of the new schemes, but where the goods remain in the United Kingdom, the UK Government introduced the movement assistance scheme. Introduced in December 2020, the scheme waives the cost of inspections and certification for businesses moving agri-foods from Great Britain to Northern Ireland. This underlines our ongoing support for the agri-food and horticultural sectors in the United Kingdom, as well as for consumers in Northern Ireland.

In September, as part of a package of financial support provided to support the industry with the implementation of the Windsor Framework, we confirmed that the scheme would be extended. This instrument specifically ensures that fees related to issuance of phytosanitary certificates are disapplied until 2025 for goods moving from England to Northern Ireland.

Amendments made by this instrument extend an exemption from the payment of fees for certification services where goods are moving from England to a private business or individual in Northern Ireland. The exemption also applies to movements of goods by private individuals in their passenger baggage.

Although the SI applies in England only, as it is a devolved matter, both the Scottish and Welsh Governments are currently taking forward their own parallel legislation.

This instrument will ensure that trade from England to Northern Ireland is not subject to additional plant health costs until 1 July 2025, giving businesses time to adapt to the new movement routes now available thanks to the Windsor Framework. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction to this statutory instrument. As he indicated, these regulations cover businesses which are exempt from paying fees to Defra and the Forestry Commission for pre-export and export certification services for products of animal origin and phytosanitary certification for regulations of plants, plant and wood products and other material between England and Northern Ireland. The current fee exemption expires at the end of this month.

This SI is straightforward and will ensure that the movement of goods between England and Northern Ireland continues to run smoothly without the need for cumbersome paperwork and the payment of fees. Apart from removing the expiry date for the current legislation, there is no other change to the movement assistance scheme. The Scottish and Welsh devolved Administrations, having been consulted, plan to lay parallel legislation to amend their devolved fees legislation.

I support these regulations and have a couple of questions. As there was no significant alteration to the SI, no formal consultation took place. I understand this, but will the Minister say what form the informal stake- holder engagement took? The Explanatory Memorandum indicates that this engagement was strongly supportive of the proposed extension, so it would be useful to know just how it took place. I note that a new date of termination of 2025 has been inserted into the EM and I assume that, when we get to that date, the fee exemption might possibly be renewed. Can the Minister confirm this?

Lastly, paragraph 13.2 of the EM states:

“This instrument applies equally to all businesses trading in regulated plant health material between England and Northern Ireland, including small businesses. The costs associated with this trade are not mitigated by the size of the business”.


Does this mean that where costs are incurred they are not proportionate and that small businesses will pay the same as large businesses? I would be grateful for clarification. Apart from these small queries, I am happy with this SI and its provisions.

[Baroness Hayman of Ullock (Lab)]

My Lords, we support this statutory instrument. I do not think there is any reason for me to repeat why it is required; that was ably introduced by the Minister and referred to by the noble Baroness, Lady Bakewell.

It is important that intra-UK trade is effectively maintained, which this instrument is designed to do. I was pleased to see that Scotland and Wales plan to make parallel legislation; it is important that the devolved Administrations are consulted and move forward with the Government here.

I have one question of clarification for the Minister: why did the extension have to be made? Do the Government believe there is going to be a competitive disadvantage to UK exporters or internal UK suppliers from the fees being applied or do the Government just need more time to get everything ready? It would be useful to understand the reasons for the extension date but, beyond that, we are happy to support this instrument.

[Lord Benyon (Con)]

I thank both the noble Baronesses for their interest in this issue and their support for this measure. As I described earlier, the amendments in the Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2023 are being made to provide an exemption from the payment of fees for certification services where goods are moving from England to a business or private individual in Northern Ireland. The purpose of this instrument is to ensure that trade between England and Northern Ireland is not subject to additional plant health costs until 1 July 2025, giving businesses time to adapt to the new movement routes now available thanks to the Windsor Framework.

The noble Baroness, Lady Bakewell, asked about renewal in 2025. That will of course be a key decision for the Government of the day, who will examine the very facts that I hope respond to the question from the noble Baroness, Lady Hayman, about the purpose of this exemption. Its purpose is to facilitate trade and make it as easy as possible. While the progression from the Northern Ireland protocol to this new Windsor Framework arrangement is being made, we want to resolve as many impediments to trade as we can. As has been said, the movement assistance scheme is extremely popular. Why would it not be? It means that people do not have to pay more money. We want to make sure that we operate as fairly as possible and that people in Northern Ireland can get access to goods as easily as people anywhere else in the United Kingdom.

On the question about consultation, Defra undertook a programme of consultation with its certification and testing delivery partners, including the devolved Administrations, local authorities in England, the Animal and Plant Health Agency, the Forestry Commission, the Soil Association, trade bodies such as the Organic Food Federation, and others. Each organisation reported overwhelming support for the extension among its members and users. Defra also meets frequently with organisations from the whole Northern Ireland agri-food supply chain regarding the implementation of the Windsor Framework. They have also welcomed the extension of this scheme.

From its commencement in 2021, the purpose of the movement assistance scheme has been to support transition to the negotiated end state by maintaining frictionless trade between mainland Britain and Northern Ireland. The scheme achieves this aim by defraying costs of certification and other requirements of the new trading environment, as described by the Windsor Framework and, previously, the Northern Ireland protocol. Delivery of improved SPS inspection facilities, which I visited in Belfast, plus new digital certification solutions will replace direct financial assistance and maintain trade from Great Britain to Northern Ireland.

As I have outlined, the regulations extend the exemption from the payment of fees for phytosanitary certification services where goods are moving in the direction I described. They ensure that the current policy for intra-UK trade is maintained without an additional financial burden to businesses—that addresses a key point that the noble Baroness, Lady Bakewell, raised—relating to certification services provided by Defra and the Forestry Commission.

Motion agreed.