Draft Fluorinated Greenhouse Gases (Amendment) Regulations 2023

Ruth Jones Excerpts

Monday 23rd October 2023 General Committees

[Ruth Jones (Newport West) (Lab)]

It is a pleasure to serve under your chairmanship today, Mrs Latham, and thank you for calling me in what I suspect will be a very brief sitting. It is good to see the Minister in her place; it is obviously a very busy day for the Department for Environment, Food and Rural Affairs in the Chamber and here.

I want to start by saying that the Opposition will not oppose the draft regulations, which I am sure will be a huge relief to the Minister. As she indicated, the purpose of the instrument is to correct a technical error in article 16(3) of EU regulation No. 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases, which is retained direct EU legislation, as amended. As the Minister said, the correction will ensure that annual quotas that can be placed on the market in Great Britain each year by producers and importers are calculated as intended.

The fact that this is a technical change means that a long set of remarks from me would be surplus to requirements, but I wonder why the issue was not picked up sooner. Will the Minister set out why the technical correction was not built into the transfer from EU law to UK law at the time of our departure from the EU? It would be helpful for everyone here and all those watching and listening to know why we are here and whether the issue could have been avoided. I would be grateful if the Minister could outline any further technical changes that are required to existing and transferred legislation. Are her officials working on any now? Are they preparing to bring any back before the House? I appreciate that she may not have the answers today, but if she could write to me, I would be grateful.

I understand the very specific nature of the proposals, but I want to caution the Minister on their impact. The accompanying papers state:

“An Impact Assessment has not been prepared for this instrument because there is no impact as a result of its implementation.”

I understand that the instrument corrects a technical error, but I urge the Minister to return to her Department and make clear to her colleagues and officials that impact assessments should be the rule, not the exception. Does the Minister agree, and if so what will she do about it?

It was also made clear that consultation “was not deemed necessary”. Who made that call and on what basis? I do not want to understand the precise situation so much as the wider thinking and approach of the Government when it comes to consultation. Who decides when a consultation is necessary, who do they consult when making that call and what information do they factor in?

I will leave my remarks there. I acknowledge the technical nature of the proposals, but I hope the Minister can unpick some of the challenges.

Oral Answers to Questions

Ruth Jones Excerpts

Thursday 19th October 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Ruth Jones (Newport West) (Lab)]

I listened carefully to the answers the Secretary of State gave to both hon. Members, but I am still not reassured that she has the planned legislation in place to ban XL Bully dogs effectively. Is she satisfied that we have the kennel space across the UK, enough vets to make assessments, and clear rules and legislation in place to make the ban effective?

[Dr Coffey]

The hon. Lady asks a fair question. The legislation has evolved since 1991, with amendments made to the primary legislation in 1997 and in the Dangerous Dogs Exemption Schemes (England and Wales) Order 2015. In that, there is a combination of work with the police in particular and with local councils and, of course, the judicial system. We have been working closely with my right hon. Friend the Minister for Crime, Policing and Fire to take the matter forward. I want to ensure that the legislation is right. I am expecting to present two statutory instruments to make it effective, with one bringing the ban into effect and the other providing the transition element and some of the finer details that still need to be completed.

--- Later in debate ---

[Ruth Jones (Newport West) (Lab)]

9. What steps she is taking to increase prosecution rates for cases relating to violence against women and girls.

[The Attorney General]

We are committed to tackling violence against women and girls, and have introduced new specific offences to target those crimes. We are steadily increasing the number of rape prosecutions. We are working on new ways to recognise the relationship between rape, domestic abuse and stalking. Close working across the system is the key to effective prosecution.

[The Attorney General]

I thank the hon. Gentleman for raising that important issue, and I reassure him that the Government are absolutely committed to helping stalking victims to bring their cases to prosecution. The Lord Chancellor has made that something of a mission during his time in the House; I remember my many years with him on the Justice Committee when he talked of little else. We are working in the CPS on new ways of ensuring that the complicated relationship between rape, domestic abuse and stalking is properly considered across the system.

[Ruth Jones]

Prosecution rates for violence against women and girls remain low, and that simply is not good enough. Next month, we will mark White Ribbon Day, when men show their commitment to ending violence against women and girls. What discussions has the Attorney General had with colleagues across Government about White Ribbon Day, and what more can be done to increase prosecution rates and eradicate violence against women and girls once and for all?

[The Attorney General]

A great deal of work is going on across Government to tackle violence against women and girls, and I am pleased to tell the hon. Lady that a great deal of really good work is happening in her area in Wales. When I visited the Cardiff office earlier this summer we had some very productive discussions about the implementation of the new CPS charging model. I encourage her to meet Jenny Hopkins, who is the chief Crown prosecutor for her specific area, to hear more about how that hard work has brought some really positive results.

Environmental Protection

Ruth Jones Excerpts

Tuesday 18th July 2023 Commons Chamber

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

I want to make only a few brief points. First, the purpose of these regulations is to strengthen the civil sanctions available for environmental regulators in England, including Natural England and the Environment Agency, in order to provide a greater deterrent against environmental offences for operators. A number of colleagues on this side of the House have already expressed concerns about the extent to which those regulators are perhaps expanding their remit—we might call it “remit creep”, for want of a better term—and not necessarily making the best possible decisions as a result. In that context, will the Secretary of State look again at the remits of those regulators, in particular Natural England, and enter into a conversation, perhaps over a cup of tea, about whether they are going beyond the remit that Parliament gave them? As they are mentioned in the regulations today, I take the opportunity to make that request.

Secondly, I notice from the Order Paper that both these statutory instruments—the House has agreed to take them together—have not been cleared by the Joint Committee on Statutory Instruments. Before anyone gets overly excited, that is not unknown—there are sometimes good reasons for why they have to be brought to the House before the JCSI has had an opportunity to scrutinise them—but it is slightly unusual. When the Secretary of State replies to the debate, perhaps she could explain to the House why that is the case. I am sure there is a perfectly legitimate reason, but it might be helpful for her to get that on the record.

Thirdly, I can report that I have had quite a lot of emails from my constituents about sewage discharges. People in Rayleigh and Wickford are just as concerned about this issue as anyone else, and no one wants to see sewage—particularly if it is untreated—being discharged into our rivers, our estuaries or, indeed, the sea. On that, I suspect we could achieve unanimity across the House. However, as I intimated in my intervention, there are already billions of pounds going in from the Government to try to reduce those discharges as far as is practically possible so that they would occur only in periods of the most exceptional rainfall.

In fairness, I gave the shadow Secretary of State, the hon. Member for Oldham West and Royton (Jim McMahon), an opportunity to tell the House how much money Labour would spend on this issue above and beyond the billions of pounds that the Government are clearly committed to. [Interruption.] Well, he did not answer my question.

[Ruth Jones (Newport West) (Lab)]

He did.

[Mr Francois]

No, he did not. Perhaps there is a reason why. On 25 April, the Daily Express reported, “Tories humiliate Labour as they’re forced to abstain on their own anti-sewage debate”. Under the by-line of Christian Calgie, its senior political correspondent, the story stated:

“The Labour Party was left humiliated by the Government in the House of Commons this afternoon …Labour MPs ended up refusing to vote in favour of reducing sewage discharge. It’s claimed a senior Labour MP was overheard saying ‘We’ve been made to look like’”

twits.

I did not want to introduce a partisan element to the debate—[Interruption.] No, no, but having heard the shadow Secretary of State’s speech, in which he did that, I thought it was only fair to reply in kind. I hope that when the Secretary of State replies to the debate, she will try to get elucidation from him on why Labour had this big Opposition day debate, made a big thing of it, briefed the press, told the country and then abstained. There must be some reason. If he is too embarrassed to tell the House of Commons, perhaps she can oblige.

Draft Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023

Ruth Jones Excerpts

Tuesday 4th July 2023 General Committees

[Ruth Jones (Newport West) (Lab)]

It is a pleasure to see you in the Chair again today, Mrs Harris. I am always delighted to see a fellow Welsh colleague.

The draft regulations have already been considered in the other place, in what I know was an interesting and lively debate. I echo the comments of my noble Friend Baroness Anderson of Stoke-on-Trent regarding the importance of north Staffordshire-produced ceramic plates and mugs, and how they can be among the most sustainable of solutions to our plastics crisis. I thought that was an excellent point and very well worth repeating here for the benefit of Ministers and colleagues. I know that many Labour Members will be spending lots of time in north Staffordshire over the coming months, so it will be good to be able to look at the plastic and ceramics there.

I welcome the statutory instrument and I want to make clear that we support its scope, reach and focus. The Labour party is crystal clear that we must all do more to tackle the pollution and waste crisis blighting all parts of our country, and the SI will play a small role in doing exactly that. However, as ever with this Government, the devil is in the detail and I want to touch on a number of specific points that require clarity and unpicking from the Minister. She knows me well enough by now to know this is the way we do things here.

First, I want to touch on engagement with our businesses. I suppose the Conservative Government are stealing defeat from the jaws of victory yet again, but this is a real concern with the issues we are considering. I want to touch on the consultation process with businesses and relevant stakeholders, as well as the roll-out and implementation of the proposals and, of course, the next stages of the plan to preserve our planet and protect our environment. So, let me ask the Minister about the engagement and consultation process. According to the sources we have talked to, the consultation lasted a mere 15 days, not the three months she outlined earlier. Will she clarify whether it was 15 days or three months? If it was just 15 days, does she think that that was an effective and fair period of time for such an important set of proposals? Will she further confirm what engagement with local authorities looked like? Did Ministers have any specific engagement with council leaders and senior staff? How many specific meetings took place between officials in her Department and local government representatives?

My right hon. Friend the Member for Walsall South has already mentioned the funding that will have to follow to make the new proposals implementable and workable. We cannot forget that the proposals will impact people in all communities, so engagement has to be meaningful and real. Would the Minister describe the engagement and consultation on the proposals in those terms? She will note that in paragraph 10.8 of the very helpful explanatory memorandum, we are informed that the Government notified the World Trade Organisation of the draft instrument on 21 March 2023 and:

“No objections have been made pursuant to notification.”

What communication was received from the WTO and when was it received? With WTO processes being slow, did officials in the Department anticipate any objections being made?

Paragraphs 6.4 and 6.5 of the explanatory memorandum set out that the exemption under the United Kingdom Internal Market Act 2020 means that single-use bowls and trays legally produced in or imported into other parts of the UK can be sold in England irrespective of the ban. Has DEFRA done any modelling on how many firms, institutions and specific items are likely to make use of the exemption? What are the process and timescales for conducting the post-implementation review of the United Kingdom Internal Market Act 2020, in which the implications for the environmental ambition of this Government may be considered?

Finally, will the Minister take a moment to outline the specific discussions that took place with the devolved Administrations in Cardiff and Edinburgh? She has mentioned that this is obviously an England-only instrument, but it is important that we know what has gone on across the UK. Did those discussions take place at the ministerial level? If not, why not and what engagement did take place? Of course, we must note that official engagement will be particularly important in Northern Ireland.

The proposals have our support, but we want change to be done in the right way and in a way that brings people together in the fight to save our planet and protect our environment. I am afraid that, once again, it is in the detail that the Government have been found wanting.

Fishing Industry

Ruth Jones Excerpts

Thursday 29th June 2023 Commons Chamber

[Ruth Jones (Newport West) (Lab)]

I pay tribute to the right hon. Member for Orkney and Shetland (Mr Carmichael), who cannot be here today, for securing this important debate and I thank the hon. Member for Banff and Buchan (David Duguid) for filling in for him today.

As colleagues can see and will know, I am not my hon. Friend the Member for Cambridge (Daniel Zeichner), the shadow Fisheries Minister; my hon. Friend has asked me to send his apologies to the House for not being here, so I am also filling in. However, as the Member for Newport West I am very proud of the port in our city and of the coastline and marshes further down the constituency, so talking water, fishers and our environment is very important to me.

I want to start by remarking on how consensual and agreeable the debate has been today. That is quite surprising, in my experience, but I hope the Minister will take away the fact that there has been so much cross-party agreement on the problems and the way to go forward on them.

I pay tribute to the fishers up and down the country who go out in all weathers, day after day. While there are many different sectors, often with competing and conflicting views, in all cases it is clear that they are extremely hard-working people in the UK’s most dangerous peacetime occupation. Too many lives are still lost and too many life-changing injuries still occur. During the pandemic and the lockdown periods, our fishers worked hard to support their local communities and to keep them fed, and we know they are all hugely valued.

However, I am sad to say that, for all their value, fishers have been sorely let down by this Government. The fishing industry, like so many UK sectors, was made a lot of promises in the run-up to 2016. It is fair to say that many feel that those promises have been broken or, at the very least, are yet to bear fruit.

At the end of 2020, Parliament passed the Fisheries Act 2020, which gave the Government the authority to act for us as an independent coastal nation outside the EU and outside the common fisheries policy. It allowed us to embark on bilateral agreements with our closest neighbours and potentially to negotiate much more favourable fish quotas for UK fishers.

The outcome of those negotiations was a huge disappointment and was greeted with widespread dismay. Under the terms agreed between the UK and the EU in the trade and co-operation agreement back in December 2020, the Government ceded access to fish in UK waters to EU vessels for six years and failed to establish an exclusive 12-mile limit. That result is a long way off taking back control of our waters. The financial consequences of those deals are far-reaching. The NFFO has calculated that the sector will see losses of £64 million or more a year, totalling more than £300 million by 2026 unless changes are secured through international fisheries negotiation.

The English distant fleet has, to all intents and purposes, been sold out. Jane Sandell, the chief executive officer of UK Fisheries Ltd, is exasperated. Referring to the deal with Norway as

“yet another body blow for fishers in the North East of England”,

she explains:

“The few extra tonnes of whitefish in the Norwegian zone won’t come close to offsetting the loss in Svalbard due to the reduced TAC. Defra knows this and yet they simply don’t seem to care about the English fleet.”

As a consequence, she has had to lay off 72 people in the last 18 months. I hope the Minister will be able to explain why the English distant fleet has fared so badly, and what she plans to do about it. I am talking particularly about the English fleet here, but I am concerned about DEFRA and the devolved Administrations working together. The Scottish and Welsh Governments have their roles, but DEFRA has a dual role and it needs to get it right.

The joint fisheries statement and the fisheries management plans pose additional challenges. Their objectives are certainly positive. We all want the UK to develop a

“vibrant, modern and resilient fishing industry and a healthy marine environment.”

I also recognise that it is no easy task to balance the need to produce a plentiful supply of food in the UK with our aspirations to ensure sustainable stocks and to protect, and repair the damage inflicted on, the marine environment. All three objectives are crucial. Maintaining stocks must be a primary goal for the fisheries management plans. It is in the interests of all concerned. Sadly, stock levels of cod in the west of Scotland have declined by 97% since the 1980s, and trawlers continue to operate in 98% of offshore protected areas.

[Luke Pollard]

My hon. Friend is making a good speech, and the many technical experts in the room will congratulate her on it. Does she agree that a good step to protect stocks and support UK fishing would be to ban foreign-owned super-trawlers that fish in our marine protected areas but do not land their catch in the UK and so do not create jobs in our country?

[Ruth Jones]

My hon. Friend is a doughty champion for the industry. He has made that point perfectly well—as have many other Members—and yes, of course, I agree with him 100%.

Bycatch remains a serious problem. The Future Fisheries Alliance highlights studies that show that bycatch is responsible for the catching and killing of around 1,000 harbour porpoises, 250 common dolphins, 475 seals, and 35 minke and humpback whales in gill nets and other fishing gears in UK waters every year.

I spoke in a recent debate about marine protected areas as an important tool in safeguarding our ocean’s future. I am deeply concerned about the ecological state of our seas, rivers and lakes, and the innumerable threats that they face from human activity. This House has been made well aware of the shockingly poor quality of the water in many parts of the UK, and of the Government’s negligence when it comes to cleaning and protecting our waters. Indeed, poor water quality is a major threat to the livelihoods of our shellfishers in particular. Shellfishers in West Mersea made it clear to us that it is an all too regular occurrence that effluent being discharged into the sea has meant that they have had to stop work. Maintaining a healthy, pollution-free environment can also be in the best interests of food producers.

As I said, I welcome the joint fisheries statement and the fisheries plan, but I just do not think that they provide the answers required to create a thriving and sustainable fishing industry. We need a more strategic solution to balancing the need to produce food, maintain stocks and protect the marine environment. The NFFO is understandably concerned about the spatial squeeze. The Government need a robust response to the potential displacement of fishing areas as more marine protected areas are introduced and more offshore wind farms are proposed. However desirable MPAs and wind farms are, they literally reduce the size of the pool for the catching sector, as the hon. Member for Waveney (Peter Aldous) highlighted.

Questions remain about how UK fishing plans will interact with third countries, the extent to which plans will be based on data, and how fisheries management is simplified in future, not made as complicated as under the CFP. Is there not a danger that Brussels red tape will simply be replaced with UK red tape? While our competitors have developed strategies to bolster their fishing industry and ensure that they have the best possible chance of selling their produce abroad, our Government seem intent on making life more difficult.

The shellfish sector offers several examples of that, as the hon. Member for Totnes (Anthony Mangnall) highlighted. Whereas numerous other European countries actively support the farming of Pacific oysters because they represent a sustainable method of producing high-quality marine protein, our Government actually hamper efforts to farm them—so much so that David Jarrad, chief executive of the Shellfish Association of Great Britain, has resorted to asking:

“Do we actually want a UK oyster industry?”

Moreover, our fishers are being held by UK regulators to much higher standards than their competitors when it comes to the system of testing our shellfish for E. coli levels. Of course, we all want to be assured that our food is safe, but surely the same standards should apply to imported goods. Our fishers are simply asking for a level playing field. To add insult to injury, the catching sector has been on the receiving end of additional regulation that is heavy-handed and disproportionate. The catch app, the inshore vessel monitoring system, and boat inspections by the Maritime and Coastguard Agency have been exacerbating the stress our fishers are experiencing. The medical fitness certificate is a particularly good example of the proliferation of red tape that has swamped the small fishing businesses under this Government. The hon. Member for South East Cornwall (Mrs Murray) spoke eloquently about that.

Safety will always be a top priority, but insisting that all fishermen and women over the age of 50 fall below a certain weight is an expensive, onerous and hugely anxiety-provoking solution to a problem that does not exist. It is hard to find any accident in the reports of the Marine Accident Investigation Branch that has been caused by a fisherman or woman being overweight.

Those challenges are enough to be grappling with, but the industry faces a range of other problems, including the fight to keep afloat against the rising tide of rocketing fuel costs and rising interest rates that devalue the pound; labour shortages, which have been exacerbated by the covid-19 pandemic, and stricter immigration rules. It is little surprise, then, that the overall picture for fishing is causing concern—it is not the thriving industry we want to see. Preliminary economic estimates by industry body Seafish, reported in Politico, show that the number of active fishing vessels and full-time equivalent fishing-related jobs fell 6% in 2021-22 compared with 2019-20, continuing a decade-long trend.

It is no wonder that many of our brave fishermen and women are suffering from poor mental health. Those factors constitute an existential threat to hundreds of livelihoods. There has been plenty of lawmaking but no clear vision and no substantive answers to the challenges that the fishing industry faces. The Conservative approach to trade deals and negotiations with countries in distant waters is too often naive and amateurish compared with our long-experienced and wily competitors. What is the plan? Where is the vision? I hope the Minister can enlighten us today.

The Labour party takes a different view. We think that knowing our destination makes it more likely that we will get there. A Labour Government will take action on three priorities for the fishing sector. We will back our British fishing industry and work together to see them get a fairer share of the quota in our waters—more fish caught in British waters and landed in British ports, supporting British processing jobs. We will work with fishers themselves to deliver improvements in safety standards and make our regulatory approach proportionate and risk-based. We will ensure that foreign boats that are allowed to fish in our waters follow the same rules as British boats. We will use the many frameworks and conventions already in place to ensure that we have a sustainable marine environment that is safeguarded for future generations, while ensuring that our food security needs are met.

The task is not a simple one—nobody says that it is—but our fishermen and women deserve to be truly valued and supported for all the invaluable work they do.

Oral Answers to Questions

Ruth Jones Excerpts

Thursday 25th May 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Ruth Jones (Newport West) (Lab)]

Waste incinerators are three times more likely to be built in the UK’s most deprived neighbourhoods than in the least deprived, and people in those communities are twice as likely to have a lung condition and seven times more likely to die from one. Is the Minister confident that she has enough monitoring in place to provide accurate, timely and consistent data to ensure that these incinerators do not breach our emissions targets and thus put local people at risk of further harm?

[Rebecca Pow]

It is crucial for waste incineration plants to have the correct permits and to be correctly monitored, which is why the Environment Agency has imposed strict emissions limits and applies the permit scheme to a number of pollutants to ensure that people who live near incinerators are completely safe. All operators of incinerator plants must carry out their own monitoring and report back constantly on the safety of their plants, because human health is, of course, critical.

Draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023

Ruth Jones Excerpts

Tuesday 23rd May 2023 General Committees

[Ruth Jones (Newport West) (Lab)]

It is a pleasure to see you in the Chair again this morning, Sir Gary. What better way to start this late spring Tuesday morning than by talking about the Department for Environment, Food and Rural Affairs and our collective responsibility to protect our planet and preserve our environment?

The regulations require producers of packaging to collect and report data on the amount and type of packaging they place on the market. The data is required to calculate the fees the producers will be required to pay to cover the cost of managing the packaging as part of the extended producer responsibility for packaging scheme, which is planned to start in 2024. The EPR for packaging scheme will be created by the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2023, which will include equivalent provisions on the collection and reporting of data and will replace these regulations.

We will not oppose today’s regulations, but before everyone heads to the hills again, it is important to be clear with Ministers about our concerns, which sit around a failure to show the bold and comprehensive leadership required to really tackle the waste crisis facing our country. Each year, consumers across the UK are estimated to get through 14 billion plastic bottles, 9 billion aluminium and steel cans, and 1.5 billion glass bottles. That is a serious amount of waste, and Ministers need to get a grip on how we tackle it. The current inadequacies in waste collection and recycling systems mean that used compostable packaging ends up in landfill or incineration or messes up recycling plants because some of the materials used can be just as resistant to degrading as conventional plastics.

In preparing for this morning’s discussions, I was advised that delivery of this scheme is running far behind even the relatively modest new proposed targets to reduce residual waste per capita by 50% by 2042 and to raise the current municipal recycling target of 65% by 2035 to between 70% and 75% by 2042. Will the Minister therefore outline what discussions she had with the devolved Administrations ahead of the drafting of this statutory instrument? As she will know, Wales has long been a stand-out performer in the UK when it comes to recycling rates. The Welsh Labour Government’s £1 billion investment in household recycling since devolution has helped see their rates catapult from just 4.8% in 1998 to over 65% in 2020. That shows what ambition and will, together with real investment and focus, can deliver when it comes to cleaning our waters, streets and communities.

In setting up this new system to hold producers responsible for the waste they create, the Government must be careful not to repeat mistakes from the previous system. I therefore have three questions for the Minister. First—I have raised this before—will she take all necessary steps to ensure that all packaging is properly accounted for? She has already outlined the intricacies of this new system and the potential for confusion. Secondly, will she be very clear for the benefit of the Committee that the new system will improve the quality of data, compared with the system it is replacing?

Finally, when we discussed this issue previously, I touched on the impact on small businesses and local government. Will the Minister set out in detail what support there will be to ensure that businesses and producers are ready for 2024 and the new system while they grapple with the new legislation coming in next year? Importantly, what discussions has she had with local government representatives on this issue? I am sure she will be delighted, as I am, that Labour is now the largest party in local government, and my Labour colleagues stand ready to help clean up after 13 years of Tory inaction.

Without clarity, understanding or action, this SI and the issues it refers to will be what we have become used to: more of the same dither and delay. I therefore urge the Minister to take all steps necessary to get this issue sorted.

[Rebecca Pow]

I thank the shadow Labour Minister for supporting this SI. I think she can see that it is just about a couple of much-needed tweaks to the system.

The hon. Lady referred to getting accurate data, and I think the regulations demonstrate that we are completely on that. The system will not work properly if there are anomalies that distort it. Some of the measures I have mentioned relate to about 1 million tonnes of plastic—8% of the total—and without this SI that could potentially distort the system. It is on the data being gathered that the fees will be calculated to pay the local authorities to do consistent collections, so it is important to get the data right. She raised an important point, but that is why we have introduced this SI and why we continue to work with business and industry. We have been doing that very closely since this started. They have fed back as we have been going along, and we have listened to that. We have listened to them from the very beginning because we wanted to ensure that, although the costs are being put on to businesses to deal with the packaging that they put into the market and the taxpayer no longer has to deal with it, we still do not want that to be over-burdensome. As a result, we have worked to reduce the costs that they face.

The hon. Lady asked about what we were doing with buinesses. The Department for Environment, Food and Rural Affairs has set up a business-readiness forum and also a local authority forum. She asked about local authorities in particular. That is obviously the other end that is really important to keep businesses, producers and local authorities up to date about the changes. They have been meeting regularly since January, which is when we recommended companies to start gathering the data voluntarily. The official legal date for the data gathering was in March. Those conversations are ongoing—

[Ruth Jones]

I just want to highlight the fact that the packaging industry is still anxious about the data it is collecting. Is it the data that, as the Minister has outlined, the fees will be paid on? It accepts and has no problem with the principle of EPR, but is still anxious about the confusion about data collection. Small businesses in particular are really anxious about this.

[Rebecca Pow]

Of course, the data is being collected only by companies with a certain turnover and a certain tonnage, so many small businesses are not involved in this. We have listened to them, and the placing of that threshold came out of the consultation. If she would like that in writing, we can clarify the tonnage and where the data is cut off. It is those with a turnover of £2 million and handling 50 tonnes of packaging a year. We thought carefully about where to place that threshold.

On top of the forums, we have delivered a series of information webinars. More will take place, with more engagement through a fortnightly newsletter to business and industry and lots of one-to-one engagement. We are still encouraging that because, if there are still areas to iron out, we need to know about it. There were also a series of eight-week visioning events to consider the long-term future of all those collection and packaging reforms. They involved producers, trade associations, local authorities, waste management companies and environmental non-governmental organisations. I hope that answers the question satisfactorily.

I thank the Committee for its input. I can see other Members thinking about examples of what will be captured through this SI, and I would like to stress that the SI will make crucial changes to the Packaging Waste (Data Reporting) (England) Regulations 2023. It will ensure the proper functioning of the packaging recycling note evidence scheme and that fair producer fees are set, which reflect the true amount of packaging that arises as waste in the UK.

The amendment will also firm up the definition of “brand owner”, ensuring that producers have confidence in where their obligations lie. Finally, further amendments made through these regulations will provide clarification on producer reporting as well as correct minor inaccuracies in the drafting. Once again, I thank all of those on the Committee from both the Government and Opposition for supporting this SI.

Question put and agreed to.

Draft REACH (Amendment) Regulations 2023

Ruth Jones Excerpts

Tuesday 16th May 2023 General Committees

[Ruth Jones (Newport West) (Lab)]

It is a pleasure to serve under your chairship, Sir Graham. I am delighted to say a few words about chemicals and chemicals regulation as we consider the draft regulations before the Committee. It is important to say from the outset that we will not oppose the SI, but before everyone heads for the hills there are some important points that we need to raise and questions that need to be answered.

The SI pushes back the existing deadlines for the registration of data by three years, all dependent on the tonnage and hazard profile of the relevant substance. The earliest deadline is for substances imported or produced at the highest tonnage band per year—that would be 1,000 tonnes or more—or indeed those that fall into certain hazard categories, such as carcinogens. The SI also extends the deadline for the UK regulator, the HSE, to complete compliance checks for 20% of registrations in line with the new deadlines, as the Minister has outlined.

We acknowledge that in many ways this is a technical instrument, but there is a wider point about chemicals regulation in the UK, and we need to take a moment to look at what the SI means for it. The SI is well overdue, as is a debate on chemicals regulation. I will take the Minister briefly through my concerns, and those of campaigners and stakeholders such as CHEM Trust. I pay tribute to Chloe Alexander and all her colleagues for the brilliant work that they do to keep these matters at the top of our agenda.

This is the second time that the Minister’s Department has pushed back deadlines for companies to submit safety data on substances also registered in EU REACH. The first delay was due to the REACH Etc. (Amendment Etc.) (EU Exit) Regulations 2020, which extended the deadline from 31 December 2022 to the current staggered deadlines of October 2023, 2025 and 2027, as we have heard. Like the 2020 Regulations, today’s statutory instrument has been drawn to the special attention of the House by the Secondary Legislation Scrutiny Committee, which raised concerns about the deliverability of the new model within current timeframes. There were also important concerns from experts and our partners in relevant NGOs about a potential weakening of protections of human health and the environment, and the HSE’s capacity to carry out its regulatory function in this area. It would be really helpful if the Minister would address those concerns specifically and share with the Committee what she plans to do about them.

Secondly, the Opposition understand the reasons for a further delay, which responds to industry concerns about the cost and practicability of providing the data within the current timeframe, and to allow time to develop an alternative transitional registration model. However, there is uncertainty about the alternative transitional registration model under development and its viability. The vital principle of “no data, no market”, which lies at the heart of good chemicals regulation, continues to get kicked down the road, increasing the risk of unsafe or inadequately assessed chemicals on the market. Does the Minister share my concern that that may provide not only less protection and fewer improvements—which are in the pipeline at the EU level—but less protection than the model it replaces? While we rightly honoured the vote of the British people, Ministers must make Brexit work and, as the SI makes clear, on REACH and chemicals they are missing in action at present.

The impacts on human health and the environment from this delay have not been effectively mitigated. That could be done by adopting risk management decisions during the transition period. Those mitigations would have maintained access to the full data and provided an ability to evaluate the risks properly. Why did we not do that? What discussions has the Minister had with our colleagues in Europe on that?

Another concern on these Benches is the fact that the United Kingdom is already falling behind and diverging from EU protections of hazardous chemicals, due to a lack of data and resources in the UK system. REACH worked and kept us safe, and even now, several years after the British people voted to leave the EU, we still have no plan to match the scale and pace of proper and thorough chemical regulation.

It is clear to me and many campaigners that measures are needed to minimise divergence and close the protective gap to avoid the dumping of products on the UK market that no longer meet the higher EU standards. Thanks to this Government, our waterways and town centres face a waste crisis, but we cannot have a chemical waste crisis too. I would like the Minister to explain in detail what steps she has taken to ensure that the UK does not become a dumping ground. That is very important, and I hope that she will give it some time in her response.

Reviews have been conducted by the National Audit Office and the Public Accounts Committee of this House. Both reviews found that a lack of operational capacity and loss of data is having a negative impact on HSE’s ability to assess risks and carry out its work. I am increasingly concerned about regulatory capacity, as UK REACH is selecting fewer substances for control than the EU, which is resulting in the UK falling behind EU protections for the environment and human health. This is not just about our membership of the EU or trying to fight old battles; it is about protecting the health and wellbeing of our people right across the UK.

The lack of capacity in the UK system—of staff as well as data— to match the scale and pace of EU REACH is resulting in the UK considering fewer and weaker protections against harmful chemicals, and at a slower pace. That may be exacerbated by an ideological interest in less or more light-touch regulation, as well as the UK exercising its new ability to take a different or distinct approach because it can—simply put, divergence for the sake of it. That may seem like smart politics, but it is not, because the UK falling behind those protections will have a real impact on the lives of people across the UK.

So far, UK REACH has initiated just two restrictions, which are not yet in force, on hazardous substances since the UK exited the EU, compared with six adopted in the EU and another 20 that have been initiated. Furthermore, the EU restrictions road map, which targets groups of widely used chemicals of key concern, such as bisphenols and flame retardants, would, if fully implemented, lead to an estimated 5,000 to 7,000 chemicals being banned by 2030. Is the Minister happy with that disparity between the EU and the UK?

I will touch briefly on the decision not to match EU classifications to better identify endocrine disruptors unless and until they are agreed at an international level. That important decision was only recently confirmed in answers to my hon. Friend the Member for Swansea West (Geraint Davies). It was taken without consultation or an announcement. I gently say to the Minister that measures to improve identification are vital if we are to reduce the impact of endocrine disruptors on our health and environment.

Can the Minister tell the Committee how many hazardous chemicals have been added to the substances of very high concern list since January 2020? In response to questions about the SI, the Department said that it was building up its regulatory capacity. Alas, it has still not responded to an important question about whether its prioritisation of fewer controls on harmful substances is a short-term measure until it reaches capacity, and about the steps that the Department will take to prevent dumping of products on the UK market that no longer meet the highest regulatory standards.

The Government repeatedly promised that protections would be maintained and that we were unlikely to diverge very much, and not for the sake of it. They even said that they would provide a better system, so we await the answer with excitement. The role of the Opposition is to keep Ministers on their toes and hold them to account, so I hope that hon. Members agree that that has been done today.

[Rebecca Pow]

I thank all right hon. and hon. Members who have contributed to the debate. First, I welcome the shadow Minister’s support for this SI, although she has given me a raft of questions. If I do not answer them all, we will respond in writing, if that is suitable. However, I will cover as many as I can.

I want to reiterate why we are doing this. It is necessary for extending the deadlines for UK REACH submissions while we make the much-needed changes to the existing transitional requirements for submitting the HSE information. Without the changes, businesses would be forced to expend resources obtaining information and compiling documents, meaning that they could actually waste money. At the end of the day, they will not need to have all this information when we come up with the full model, working with them. It is, therefore, essential that we extend the deadlines before October 2023, which is when the first deadline would have fallen. All of that has been done in discussion with industry, and the consultation took place. Although the shadow Minister has some concerns, many of which came through CHEM Trust, we have discussed a lot of the issues with industry and that is why we have come up with these dates, which, as we have already heard, are satisfactory for our industry.

I reiterate that our endeavour is to keep all protections in place for the environment and human health, as per article 1 of UK REACH, as noted in our consistency statement, and to come up with a much more bespoke approach to the way in which we handle chemicals. The hon. Member for Newport West might be interested to know that the new model takes a two-pronged approach, working with companies and testing how it will work, hence the dossiers looking at cost, meeting the regulations and managing the risks. We are also looking at how we can improve the information to really deal with the issue of exposure to chemicals. That is where we could have a more bespoke system, and the Department for Environment, Food and Rural Affairs is working on that alternative model with industry, NGOs, the European Environment Agency and HSE. I reiterate that that is the purpose and it is well under way.

There was some criticism that things may not be working fast enough, or not at all. However, we have already received notification for around 20,000 chemical substances. The UK did, of course, ask for data sharing as part of the EU-UK arrangements, but the EU refused to engage. It could change its position and open up discussions again, but that is the position now.

[Ruth Jones]

To be fair to the EU, I understand that it took its ball and went home with it, but we were not going to pay and we were not going to play by its rules, so that is probably why it did that. On divergence, I am concerned that it is progressing but we do not seem to have a plan in place. Could the Minister address that?

[Rebecca Pow]

I honestly do not believe that there is cause for concern. There might be divergence in terms of flexibility or decisions that might be made at slightly different times. She mentioned various substances. That is more a matter of timing and of when the announcements are made, but there will not be any divergence in the fundamental principles and guarantees that safety and protection of the environment and human health is paramount. That still stands and it will not change.

NGO stakeholders have also raised this issue and said that they want divergence to be kept to a minimum. The EU is also seeking to improve the quality of its information on use and exposure, so our work on the alternative model could serve to reduce the scope of the new divergence. Having our own independent regulatory framework for chemicals allows us to identify the most pressing priorities that best reflect our circumstances in GB. The decisions we take are based on the best available evidence, including looking at approaches taken by chemical regimes across the world, including the EU. The Health and Safety Executive already looks at other sources and will continue to do so, as I think I said in my opening speech.

The shadow Minister asked about the capacity of HSE. Its capacity is increasing all the time. The NAO’s report from May 2022 shows that it increased staffing in its chemicals regulation division by 46% between September 2020 and March 2022. It continues to build on that capacity. In the long term, by 2025 the number of HSE staff working on UK REACH delivery is expected to grow to 50, and the number is around 60 or 70 if we consider the wider support functions. Members might be interested if I break that down. There are currently about 15 toxicologists, with six established and nine promoted or early career scientists. In addition, HSE can call on REACH independent scientific experts—the pool members—and the expert scientists on a whole range of different committees, as well as the eco-toxicologists who work for the Environment Agency, to support its work. I hope that makes very clear that the capacity of HSE has been ramped up, and that it is working alongside the new requirements to get the system absolutely right.

To go back to chemicals and restrictions, a suggestion was made that potentially it is not safe here and we are not banning chemicals that have been banned elsewhere. That is categorically not the case. Work is well under way to address risky chemicals. Upcoming decisions include restrictions on lead in ammunition and on toxic substances in tattoo inks and permanent make-up. I do not know if you have a tattoo, Sir Graham.

[Rebecca Pow]

In April, HSE and the EA published a regulatory management options analysis on PFAS, or “forever chemicals”, and they will be considering the recommendations for restrictions on other regulatory measures. And we are banning PFAS in firefighting foams. I think the hon. Member for Newport West mentioned that, but that is one thing that we have announced. Under the UK REACH work programme, we will be working our way through a whole range of restrictions, obviously with all of the right evidence to inform decisions made.

[Ruth Jones]

I asked how many hazardous chemicals have been added to the register since 2020. I have since been told that the answer is zero. People in the industry will be concerned to know that no additional chemicals have been added since 2020.

[Rebecca Pow]

I am afraid that this is so complicated that, to correct the answer on what the hon. Lady is specifically referring to, I will write to her. Without a shadow of a doubt, we are banning PFAS in fire- fighting foams, and HSE is now scrutinising authorisation applications for a chemical called nonylphenol, which cannot now be used unless a company can justify its use and HSE agrees. That is the way we work through all chemicals. There is a really strict protocol on working our way through these proposed bans and looking at all the evidence.

I reassure the hon. Lady that we will be developing a chemical strategy, pulling all of these things together and setting out a really clear vision for chemical management in the UK, as well as a set of principles to guide policy development and the regulatory decision making that comes with it, providing certainty to key stakeholders, the industry and our direction of travel. The intention is for the strategy to be UK-wide and cross-Government. She will hear more about that in due course.

I will wind up now. I hope I have answered the plethora of questions and given assurances as to why we need this really important SI. We have made these changes to UK REACH without any impact on the high levels of human health and environmental protections, as demonstrated by the consistency statement and the impact assessments that accompanied the public consultation that came with the statutory instrument. On that note, I commend the draft regulations to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft REACH (Amendment) Regulations 2023.

Marine Protected Areas

Ruth Jones Excerpts

Tuesday 2nd May 2023 Westminster Hall

[Ruth Jones (Newport West) (Lab)]

It is a real pleasure to see you in the Chair, Mr Sharma. It is good to be back in Westminster Hall to discuss such an important topic, and I thank the right hon. Member for Epsom and Ewell (Chris Grayling) for his interest in this matter and for bringing it before the House. I am pleased to see his progress—I hope that he will continue his journey of enlightenment and that we will see him on our Benches before too long. 

This is a busy week for many across the House who represent communities who will be exercising their democratic right on Thursday. I am sure that if this debate was on at any other time, we would have seen a lot more Members taking part. Mindful of parliamentary convention, and the visit that Parliament received this morning, I extend my best wishes, and those of the Opposition and the people of Newport West, to all those involved in the coronation.

We are an island nation, and our seas, oceans, rivers and lakes have been at the core of what we are as a country for generations. As well as their economic power, our seas and oceans support a range of diverse marine ecosystems. They provide rich biodiversity and act as important carbon stores, as has been made clear this afternoon.

It is a matter of no surprise to anyone sitting here, or any of the millions of people throughout our country, that our marine environment and the creatures and species that call it home now face innumerable threats from human activity. That is made worse by inaction when it comes to cleaning and protecting our waters. We can all see the damage caused by waste and toxins from dredging and dragging the seabed, which also destroys corals, maerls and sandbanks. I suspect that all colleagues across the House will agree that marine protected areas are an important tool in safeguarding our ocean’s future. It is important that we are focused, committed and ambitious in how we protect our natural waters.

In advance of this debate, I received a very helpful briefing from the Marine Conservation Society, and I pay tribute to it for all the work it does to raise awareness and campaign to secure real policy change. In the briefing, it was noted that on the 28 February 2023, DEFRA announced three new highly protected marine areas: Allonby bay in the Irish sea; Dolphin Head in the channel; and the north east of Farnes Deep in the North sea. That is to be welcomed, but, as ever, it is simply not enough. Those sites represent less than 0.5% of English seas, and I urge the Minister to break the 13-year-long habit and show the ambition needed to respond to the climate and nature crises that we see all around us.

Marine protected areas play a vital role in combating climate change. We know that healthy seas enable the sequestration and storage of atmospheric carbon dioxide, as I touched on and as my hon. Friend the Member for Bristol East (Kerry McCarthy) expanded on eloquently—I do not propose to go over what she already said. When blue carbon habitats, such as seaweed and seagrass ecosystems, are degraded and the seabed is disturbed, stored carbon is released back into the water column and could re-enter the atmosphere. By protecting and rewilding our marine environments, we can keep carbon locked in the ocean through increased numbers and biomass of marine species and healthier marine habitats.

Marine ecosystems will play a key role if the UK is to meet its ambitions for net zero by 2050, particularly as the UK has one of the world’s largest exclusive economic zones and governs substantially more marine territory than terrestrial. The area of UK MPAs is 27% greater than that of the entirety of the UK land area. As such, by making MPAs rich with life, we will materially help carbon storage on a massive scale.

I would be grateful if the Minister outlined where discussions regarding the UK’s largest undeveloped oil field, Rosebank, are now, as the hon. Member for Bristol East asked. I suspect the Minister will share the concerns that, if approved, a pipeline will be installed right through the Faroe-Shetland sponge belt marine protected area. That would potentially harm an already fragile ecosystem and the creatures within it, such as quahogs—who knew there was such a thing?—a type of clam that can live for hundreds of years. The area is visited by numerous species of dolphin and whales, as well as multiple species of seabirds, and commercial species, such as haddock. The habitat is already assessed as being in an unfavourable condition, and efforts should be under way to recover it as best as possible.

Climate change is already having severe impacts on the world’s oceans, but oil and gas developments can have direct impacts, including: pollution from oil spills; the release of toxic chemicals through exploration, drilling and infrastructure decommissioning; the release of microplastic waste; and noise from seismic blasting. Will the Minister outline what safeguards will be put in place to mitigate any negative impact?

The matter of marine protected areas is an important one, so I thank the right hon. Member for Epsom and Ewell for bringing it before us today. I want to be clear that Labour wants to see—and we will deliver—a bold and comprehensive plan to protect and clean our waters. We all know that healthy seabeds are home to many species, and we need to see a broader programme of ocean and sea renewal. Will the Minister outline in clear terms her policy on ocean and sea renewal? I am happy for her to write to me, if she would prefer to do that.

I would also be grateful if she could outline what discussions—and when they took place—she has had with the First Minister and the Environment Minister in Wales, the Cabinet Secretary and First Minister in Scotland, and officials in the Northern Ireland Office and Northern Ireland civil service about her proposals for ocean renewal. As all parts of our United Kingdom are bordered by sea, it is vital that comprehensive discussion takes place across devolved Governments.

Globally, saltmarsh and seagrass beds alone can store up to 450 million tonnes of carbon dioxide a year. That is almost half the emissions of the entire global transport industry. Imagine what more we can do to preserve our planet and protect our environment by doing just a little bit more and going a little bit further, faster. Restoring and protecting key marine ecosystems can lock up billions of tonnes of carbon each year—as much as 5% of the savings needed globally. A sustained programme of ocean renewal must be part of any plan to tackle the climate emergency. It is time the Minister started to implement this plan, and fast.

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

It is a real pleasure to serve under your chairmanship. Mr Sharma. Although this topic does not fall under my brief at DEFRA, but rather that of my noble Friend Lord Benyon in the other place, I am pleased to represent his responsibilities today and to respond to a real champion for the environment in Parliament. My right hon. Friend the Member for Epsom and Ewell (Chris Grayling) has spoken on this subject and submitted parliamentary questions many times. I pay tribute to his advocacy for the marine environment in particular.

Marine protected areas are of particular importance to DEFRA because we recognise that they are one of the many tools in the toolkit to protect the wide range of precious and sensitive habitats, which all Members have recognised the importance of. We have created more than 100 MPAs since 2010, and now have 178, covering around 40% of English waters. MPAs protect specific habitats and species within the designated site, so that those features can recover to a favourable condition.

As set out in the environmental improvement plan published on 31 January, we have targets to ensure that percentages reach those favourable conditions. We are focusing on MPAs because we recognise that they are a vital part of the story. It is essential that they are robustly protected, as has been eloquently said today, otherwise they will do no good at all. I hope I can set out how we are protecting them, outline the progress that has been made, answer Members’ points and possibly commit to writing to hon. Members where more detailed responses are required.

The EIP—environmental improvement plan—describes how fisheries byelaws in the first four offshore MPAs came into force last year, providing protection from bottom-towed fishing gear. The Marine Management Organisation is working speedily, has consulted this year on protections for a further 13 MPAs and is now analysing responses to that consultation. We aim to have all necessary byelaws in place in our MPAs to protect them from damaging fishing activity by the end of 2024. Since we are no longer bound by the common fisheries process, as my right hon. Friend the Member for Epsom and Ewell rightly pointed out, we will be able to make more progress. The Marine Management Organisation and the Inshore Fisheries and Conservation Authorities have engaged fully with the fishing industry and other stakeholders, and will continue to do so. The right hon. Member for Orkney and Shetland (Mr Carmichael) rightly referred to the importance of working with the fishing industry, and all Members agreed.

I will set out some of the financial support that has been given to the fishing sector. We have allocated £32.7 million a year to support the UK seafood sector through to 2024-25. That settlement enables each of the four fishing Administrations of the UK to invest in their industries by delivering financial support schemes tailored to the specific needs of their sectors. In addition, the £100 million UK seafood fund was announced on Christmas eve 2020, following the conclusion of the trade and co-operation agreement with the EU. The fund was set up to support the long-term future and sustainability of the UK fisheries and seafood sector.

I will give just a couple of examples of how the fisheries sector is being supported to transition. As I mentioned, the targets set out in the environmental improvement plan are published, and we have a statutory target to have 70% of designated features in MPAs in a favourable condition by 2042, with the remainder in a recovering condition. Our analysis shows that by putting in place by 2024 the MPA byelaws that I have mentioned we will be able to meet our interim statutory target of 48% of designated features in MPAs being in a favourable condition, with the remainder in a recovering condition, by 2028.

[Ruth Jones]

I thank the Minister for giving way; I am very grateful for her time today. She has talked a lot about the targets, and we all agree that we need to have objectives, but what about enforcement? I am listening carefully to her speech. What enforcement will be done? How will the enforcement be undertaken? I am not clear at the moment how we will protect the MPAs. Having them on paper is great, but we need to protect them.

[Trudy Harrison]

Earlier the hon. Member mentioned a potential oil and gas project. This is one example of how we will ensure that environmental concerns are fundamental to any approval. Clearly, that will be the responsibility of the Scottish Government, but the assessment is being done by OPRED, the Offshore Petroleum Regulator for Environment and Decommissioning, which is part of the Department for Energy Security and Net Zero. In response to the hon. Member’s specific question about the regulation and perhaps any penalties that will be enforced, I would appreciate it if she would allow me or my noble Friend in the other place to write to her. We use a mix of strategies. The MMO ensures compliance by desk-based reviews of fishing vessel trackers and also site-based inspection, but I recognise that the hon. Member really wants to understand the regulatory and penalty process.

Following the work of my right hon. Friend Lord Benyon and the consultation last year, we have announced that we will be designating the first three pilot highly protected marine areas by 6 July and will explore additional sites later this year. These are areas of the sea that will allow for the highest level of protection in our waters and full recovery of marine ecosystems, and will exclude all fishing. For highly protected marine areas to be successful, we will need to work hand in hand with the fishing industry, other marine industries and sea users in designating, managing and monitoring them. I hope that that demonstrates the Government’s ambition to restore our marine environment with strengthened protections.

We need to do all we can in a way that helps to deliver a thriving and sustainable fishing industry alongside a healthy marine environment, as set out in our joint fisheries statement. We recognise that there are growing spatial tensions between industries such as fishing, the renewable energy sector, dredging, and the oil and gas industry, alongside the need to conserve and enhance our marine environment.

“Bottom trawling” is a broad term describing methods of pulling fishing gear along the seabed to catch fish and/or shellfish. Bottom trawls are used by all parts of the fishing fleet, from small day boats to large offshore vessels. It is important to recognise that approximately 30% of the tonnage and 45% of the value of fish landed by UK vessels in 2021—that includes cod, plaice and scallop—came from bottom trawling.

Bottom trawling and other fishing methods will be stopped only where they are having a negative impact on the habitats or species protected by each MPA. For example, netting and potting are allowed to continue in many MPAs, including Dogger Bank—which has been discussed today—given that they do not have the same impacts as bottom trawling. Bottom trawling can continue in parts of the Inner Dowsing, Race Bank and North Ridge MPA, which does not contain protected features such as Sabellaria reefs, which are sensitive to bottom trawling.

A blanket ban on bottom trawling in all MPAs, which some are calling for, has the appeal of simplicity, but in some cases would involve unnecessary restrictions. We are determined to protect our MPAs as properly as possible, but want to do so in ways that will not involve unnecessary impacts on activities such as fishing. Ensuring that all vessels, including those under 12 metres in length, have inshore vessel monitoring systems installed will enable more efficient decisions on local and national management measures and policies.

The Marine Management Organisation and the inshore fisheries and conservation authorities have embarked on a programme of detailed site-by-site assessments of each MPA. Each assessment is informed by scientific advice on what types of fishing can take place. Byelaws are then designed accordingly, restricting those types of fishing found to be an issue in each site. I recognise that this detailed approach takes more time than a blanket ban, but it is well worth it to avoid unnecessary impacts on our fishing industry.

My right hon. Friend the Member for Epsom and Ewell referenced illegal, unreported and unregulated fishing. That provides me with an opportunity to provide an update on the situation. We stand proudly on a global stage; my right hon. Friend mentioned the COPs, and a number of global collaborations and agreements. At the 2022 United Nations Ocean Conference, the UK, US and Canada launched the Illegal, Unreported and Unregulated Fishing Action Alliance, which brings together state and non-state actors to tackle the illegal, unreported and unregulated fishing of which my right hon. Friend spoke. Through committing to implement international agreements, promote active monitoring, control and surveillance, and encourage transparency and data sharing, the IUU-AA—a mouthful, Mr Sharma —is growing in momentum, and it has recently welcomed the EU, Chile, Panama and New Zealand to its membership.

The UK’s blue belt ocean shield aims to tackle the challenges of IUU fishing and unlawful marine activities around the UK overseas territories, using innovative technology. As my right hon. Friend the Member for Epsom and Ewell said, that technology will be critical in this fight. Through surveillance techniques, alongside comprehensive compliance and enforcement frameworks, territories are ensuring that over 4.3 million square kilometres of ocean are protected under this measure.

We will continue to work with the industry to ensure it meets the requirements of the regulation and avoids those illegal, unreported and unregulated methods, as my right hon. Friend set out. The Marine Management Organisation and IFCAs have embarked on that programme. The site-based protection does not mitigate potential impacts from these vessels on the targeted, highly migratory stocks. Although most of what those vessels fish is covered by coastal state quota allocations, the Government are looking closely at what our policies for them should be. It is important that those decisions are based on evidence and that we work with the fishing sector.

My right hon. Friend the Member for Epsom and Ewell also asked me for an update on labelling. I am afraid I do not have specific information on the sustainability of seafood labelling, but will happily write to him on that point. He is correct that we are taking action under the forest risk commodities provisions to ensure that products bought in this country have not contributed to illegal deforestation. That same kind of sustainability must also be in place for seafood and the like, so I will endeavour to provide that information.

We do have seafood labelling that means that seafood must be traceable from catch—or harvest—to the point of retail sale. In England, the MMO is responsible for ensuring seafood traceability from catch to first point of sale. That is currently achieved through a range of controlled measures requiring the submission of data by both fishers and merchants. Traceability provides assurance to consumers and associated benefits to all fully compliant agents within the industry supply chain.

Finally—I hope that I have covered all points so far—we have taken huge strides in protecting and recovering precious marine life. I would like to be able to say more about seagrass and kelp, which the hon. Member for Bristol East (Kerry McCarthy) mentioned, but I am afraid that I will have to write to her because I do not have the information to hand. I was particularly interested to learn about her examples off the shores of Cornwall and Plymouth. When we arrange the meeting I promised a couple of weeks ago—which I will absolutely ensure happens—perhaps she could be bring me further details, as I would certainly like to understand more about the benefits of seagrass and how we can support those organisations.

Highly protected marine areas will ensure that the UK plays its part in achieving the global 30 by 30 target. More broadly, we are also taking steps outside of protected areas, such as our consultation on banning the industrial fishing of sand eels and our progress on our six frontrunner fisheries management plans. I have set out the impressive rate of progress over the 178 marine protected areas, but there is always more to do. For further reading, I always recommend the environmental improvement plan—all 262 pages of it—which covers the 10 goals across DEFRA to ensure that we leave this environment in a better place than we found it in.

Draft Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023

Ruth Jones Excerpts

Tuesday 2nd May 2023 General Committees

[Ruth Jones (Newport West) (Lab)]

It is good to see you in the Chair, Mr Vickers; I think this is the first time that I have served under your chairmanship. It is good to join with the Minister and colleagues from around the House this evening. I suspect that colleagues of all parties would probably prefer to be out knocking doors as we approach Thursday, but there is no better place to be discussing the policy of the Department for Environment, Food and Rural Affairs than with you, Mr Vickers, and the Minister.

The proposed changes contained in the statutory instrument seek to improve the regulatory tools available to the Environment Agency. We therefore have no plans to oppose the legislation this evening, but before anyone rushes to the door, there are a number of outstanding questions that I want the Minister to address now or in writing after the sitting. As colleagues will know, the regulations make amendments to the Environmental Permitting (England and Wales) Regulations 2016 in relation to the management and protection of groundwater quality in England. I note that regulation 3 makes amendments to definitions in regulation 2 of the 2016 regulations and inserts several new definitions in that provision, for example a definition of groundwater mobile plant. Will the Minister outline what engagement took place with stakeholders and experts in the drafting of those new definitions?

Regulation 4 makes amendments to regulation 24 of the 2016 regulations, to the effect that environmental permits for activities relating to hydrocarbon exploration or extraction, or that intersect a hydrocarbon formation, may be surrendered by notifying the Environment Agency. The hon. Member for Amber Valley raised that point earlier. It would be helpful to know exactly what that notification process looks like, and what discussions have taken place with the Environment Agency to ensure that there is a speedy process for receiving said notifications.

Regulation 5 makes amendments to parts 2 and 3 of schedule 3 to the 2016 regulations, which deals with exempt facilities and waste operations to which section 33(1)(a) of the Environmental Protection Act 1990 does not apply. The amendments have the effect that certain closed-loop ground source heating and cooling systems and low environmental risk burials at new cemeteries or new extensions of cemeteries are exempt, so long as the conditions set out in the new provision are met. I am grateful to the hon. Member for Gloucester for asking a question about that and to the Minister for clarifying the situation. The Committee knows why cemeteries are exempt, but it would be helpful to know what the monitoring process is for those conditions and what enforcement there will be if they are not met.

Regulation 6 makes amendments to paragraph 6 of schedule 21 to the 2016 regulations, which deals with liability resulting from the discharge of sewage effluent from public sewers. The Minister will not be surprised to know that that part of the draft regulations has raised questions, not least with our constituents, who are concerned about the waste in their waters. It would be helpful to hear what recent engagement there has been between her Department and the leadership of Britain’s water companies. Will she also set out what further powers the Government plan to give the Environment Agency to ensure that we can finally clean our water, as Labour will when we are in government?

The draft regulations are broadly technical, so I hope that my questions will allow for a greater dive into the detail. I look forward to a clear, detailed response from the Minister and her officials.

[The Chair]

I see no one else indicating that they wish to speak, so I call the Minister.

--- Later in debate ---

[Rebecca Pow]

Shall I begin, and then I will be delighted to answer the right hon. Member’s question? I am very grateful to the shadow Minister for her comments, and for being helpful and constructive in allowing me to say a bit more about one or two of the items that I mentioned.

The measure will optimise the regulatory tools available to us for managing and protecting groundwater quality. It will not reduce protections; indeed, it will strengthen them, giving the EA a greater range of tools. That is something that business and industry have come to us about in many different areas. The new tools will be more proportionate to the risk. If matters are deemed to be very low risk, the EA will be more generic in its approach. Other more complex areas will continue to be bespoke, as at present with the mines and so forth. Some responses will therefore be less costly, and potentially more speedily delivered. For example, if the EA has to react to a discharge, it might speed up its response. There are an awful lot of positives in improving the hierarchy of regulatory controls for groundwater. Including extra pollutants such as heat will be of great benefit.

On the mobile plant question, again, this is something that business and industry asked for particularly in the consultation. It is a well-recognised term used for waste activities. It is long established, and a lot of discussion went on with industry about it.

Reference was also made to cemeteries. Exactly as my hon. Friend the Member for Gloucester described, a new cemetery will not need to get a permit unless there are deemed to be specific reasons for one, in which case the Environment Agency will work with the cemetery operator to ensure that the right conditions are met. A permit might be needed if the cemetery were near a vulnerable aquifer, or if there were a significant number of burials. Say there was a terrible incident, or something like that—no, I will not say that. Also, if a cemetery were in close proximity to vulnerable water users, public water suppliers, private water suppliers or chalk streams, a permit would be considered. I hope that that gives a bit more clarity.

[Ruth Jones]

I am grateful to the Minister for describing and outlining examples, but the question was more about the monitoring process. How is this going to be monitored and what will the enforcement process be?

[Rebecca Pow]

We have a well-established process for the regional monitoring of groundwater. Any long-term trends in quality and in what is found in the groundwater are monitored, and we have research programmes looking into the impact at regulated facilities. I hope that helps to clarify that that is an important part of checking that what is in place is doing the right thing. Just out of interest, areas that might not need a permit are clay areas or areas where there are very small numbers of burials. I hope that that has dealt with the death section of this SI.

The shadow Minister asked about the onshore oil and gas industry’s surrendering of permits. An oil and gas operator can send a notification to the Environment Agency stating that it no longer requires a permit for its discharge. An application to surrender the environmental permit will require evidence to demonstrate that there has been no impact on the environment from that discharge at the onshore oil and gas site. This amendment will ensure that there are no ongoing risks to the groundwater environment at the point of decommissioning, or any future likelihood of pollution occurring. I hope that that answers the question.