REACH (Amendment) Regulations 2023
Baroness Anderson of Stoke-on-Trent Excerpts(11 months ago)
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Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I thank the Minister for his introduction. As with a number of SIs in the past, we have been facing this issue since 2019. At that time, the Government were urged from all sides, especially the chemical industry, to stay within EU REACH. The data analysis and licensing systems that would not be made available to the UK were and are extensive. This would not be the case if the country remained within EU REACH.
The need for registration, evaluation, authorisation and restriction of chemicals is obvious. It protects the public, plants and animals from the harm caused by toxic chemicals, all of which have to be licensed and registered. This is a complex process. Without access to EU REACH data, a completely new set of data had to be compiled and licensed from scratch. This involves animal testing. We cannot get away from this fact. It is necessary, but it could have been avoided. It will also involve huge financial costs to the chemical industry.
On 4 March 2019, my noble friend Lord Fox and I met Defra officials along with the then Minister. We stressed the huge costs involved, which we felt ran into billions, and the long timeframe needed to get the necessary licences in place. I regret to say that we were treated with contempt and told that it would be much cheaper and quicker than our predictions.
The deadline before implementation has already been extended from that set on 26 March 2019. In answer to an Oral Question in September 2020, Defra revealed that EU REACH employed some 600 staff and took 10 years to deal with the difficulties in the system at a cost of £100 million. Defra proposed to achieve the same with 40 staff, at a cost of £13 million. By December 2020, in a debate on a regret Motion, a cost of £1 billion was mentioned.
Here we are today once again extending the already extended timeframe. This is a piece of elastic that has come to the end of its life. Defra’s estimation of the current costs for completing the licensing is now between £1.3 billion and the figure that I think the Minister mentioned of £3.5 billion. I have tremendous respect for the Minister and his predecessor, but on this occasion I have to say to Defra: “We told you so”.
In a debate in 2020, the noble Lord, Lord Cameron of Dillington, began his remarks by saying:
“My Lords, I would like to echo the regret that others have expressed that we have allowed ourselves to walk into this unnecessary nightmare”.—[Official Report, 8/12/20; col. 1162.]
I could not agree more. It is clear than an extension of the timeframe is needed. Is the Minister sure that the timings now being requested will be sufficient? In its report of 11 May, the Secondary Legislation Scrutiny Committee, to which he referred, says that it does not believe that the alternative transitional registration—ATR—model deadline of 2024 is achievable. Can the Minister say whether, during this extended timeframe, animals will continue to be subjected to painful and harmful testing methods? Others have spoken about the effect and the danger of hazardous substances.
Given that the extended timeframe favours large businesses with the greatest tonnage, can the Minister assure the Grand Committee that the smaller but nevertheless vital businesses often providing subcontract work will be able to survive? How many, if any, businesses dealing with and producing chemicals have gone under since the country left EU REACH?
The Minister referred to the Retained EU Law (Revocation and Reform) Bill. How will the three-year extension period proposed today interact with the sunset provisions in the REUL Bill? I believe he said that there would be no impact, but I would be glad for confirmation. The Secondary Legislation Scrutiny Committee raised this issue and the proposed extended deadlines.
In November 2022, Defra extended the submission deadlines for the consultation outcomes. Some 82% of the 289 responses had a strong preference for a three-year extension. However, the NGOs preferred no extension at all. This was due to concerns that the ATR model would be weaker and less protective of human health and the environment than current transitional arrangements, which are also still under development. UK REACH is supposed to be bound by the Environment Act’s precautionary principle. However, there is clear risk involved in the ATR model.
The Chemical Industries Association, the CIA, stresses the importance of urgently providing legal certainty to businesses. The current level of uncertainty around registration requirements, expected timelines and related costs is not encouraging new market opportunities. Extending deadlines is not providing the clarity needed on the viability of the registration model or allowing sufficient time for appropriate legislation to be developed and for authorities and industries to implement it. The noble Baroness, Lady McIntosh of Pickering, referred to this. Will the Minister please comment?
The CIA is of the view that an effective UK REACH could be achieved even without requiring a full resubmission dossier of all substances already registered under EU REACH. Sadly, so prejudiced is Defra to anything that might smack of the EU, it will not adapt EU REACH and insists that UK REACH will be better. If we ever get there, it certainly will not be cheaper.
I will give an example from the CHEM Trust. In its second-year programme, UK REACH deprioritised controls on nine hazardous substances targeted by the EU. These included concentration limits for eight polycyclic aromatic hydrocarbons used as infill and, in loose form, in synthetic football pitches and playgrounds. These are linked to increased cancer risk. A typical sports pitch uses 120 tonnes of these crumbs. According to a 2017 study, six tonnes of potentially carcinogenic material would be non-compliant with the current EU standards. Is Defra’s prioritisation of fewer EU controls on harmful substances a short-term measure until it reaches capacity, or will it introduce other measures to close the protective gap that is opening up before our eyes?
I have serious concerns about the deliverability of the UK REACH regulations. However, I feel I have no choice but to support the extension of the timeframe for delivery. I have a terrible feeling that the ATR will not be achieved and that we will be debating this issue again before too long.
Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, I thank the Minister for his overview of the SI before us and for his correspondence in advance of today’s debate. I also thank all noble Lords for their contributions, which highlight the importance of the discussion. Given the discussion in the other place, it will not surprise the Minister that His Majesty’s Opposition will support this SI. However, we have some specific concerns relating to the direction of the post- Brexit REACH regulatory framework and the capacity of the HSE as a statutory body to provide effective enforcement.
As we discussed last week in our debate on the packaging waste statutory instrument—I am becoming a pro—the collation of this data is key to the implementation and enforcement of an effective regulatory regime. But that requires the Government to move at speed to ensure that they have the data available to make informed decisions. Paragraph 7.1 of the Explanatory Memorandum states:
“The changes provide sufficient time for the government to develop and introduce a new registration model that will cater for EU registrations transferred to Great Britain under Title 14A of UK REACH”.
The Government have known about the need to develop and introduce this model for seven years. In fact, the Minister will remember that discussions regarding the future of REACH were a regular feature of the debate around Brexit in the other place before and after the referendum. Given that the industry has been doing everything possible to support the department in reaching a new model, can the Minister inform the Committee why the department is so far behind schedule and why this is being addressed only now?
Paragraph 7.2 of the EM states:
“The statutory timelines for HSE to carry out their compliance checks on the information submitted by industry are also being extended to align with the data submission deadlines”.
I sound like a stuck record, but this is a similar situation to the ones we have seen with imports of food and certain goods from the EU, with launch dates repeatedly postponed due to a lack of preparedness. Can the Minister inform the Committee why we repeatedly need to extend the deadlines?
Later paragraphs of the EM—from paragraph 7.7 onwards—explain why His Majesty’s Government have opted to take a different approach and outline the likely timescales on implementing changes to IT systems. Why were industry concerns about the cost of the original proposal not given more weight at the time? How many civil servants have been used and how much financial resource has been spent on the original option? How much of the work that has already been done can Ministers carry over? While industry supports the changes being made, concerns have already been voiced about the workability of the alternative system and its potential implications for safety, which must remain paramount. We are not against divergence from the EU, but we must not allow gaps to form in our regulation of chemicals. Neither businesses, workers nor citizens will benefit if health and well-being are put at risk unnecessarily.
The Minister in the House of Commons, Rebecca Pow, addressed concerns about the HSE’s capacity by saying:
“Its capacity is increasing all the time … 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”.
We welcome that ramping up of capacity, but is the Minister satisfied that this staffing level is sufficient given the areas that we are talking about? In that debate, the Minister also said that the department
“will be developing a chemical strategy”
and that we
“will hear more about that in due course”.—[Official Report, Commons, Fifth Delegated Legislation Committee, 16/5/23; cols. 9-10.]
Can the Minister here, the noble Lord, Lord Benyon, be any more specific? How confident is he that this will not simply be added to the list of items that arrive late?
I sincerely believe that each and every one of us wants nothing more than a regulatory framework that keeps our population safe and secure. Given the nature and importance of the REACH regulations, it is therefore vital that we do not just get this right but get it done quickly.
Lord Benyon (Con)
I am grateful for noble Lords’ interest in this issue, their important contributions to this debate and their support for the REACH (Amendment) Regulations 2023. I will deal with as many of the points as I can.
On my noble friend Lady McIntosh’s point, I can absolutely confirm that there is no intention to amend or revoke any of these measures in the next two years. I will come on to the point about cost.
On the 2024 date, which the Secondary Legislation Scrutiny Committee and a number of noble Lords raised, I repeat the point that I made earlier: the Government are confident that we will be able to meet that date. I am sure that noble Lords will be active in holding the Government to account on that.
On the point made by the noble Viscount, Lord Stansgate, the Health and Safety Executive continues to increase its capacity. The National Audit Office report from May 2022 details the increased staffing levels at the HSE, including the staffing level in its Chemicals Regulation Division going up by 46% between September 2020 and March 2022. The HSE has continued to build capacity in the last year. In the longer term, by 2025, the number of HSE staff working on UK REACH delivery is expected to grow to 50, or around 60 to 70 when considering wider support functions.
The noble Baroness, Lady Bakewell, mentioned that the staff in the EU directorate numbered 600. Of course, that covers the whole of the EU, which is a considerably larger area, but nevertheless we seek to align any regulatory changes we can with them, working with the EU, and I will give more assurances on that.
Water: Wales and England
Baroness Anderson of Stoke-on-Trent Excerpts(11 months, 1 week ago)
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Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, we all appreciate the urgency of ensuring sustainable water supplies for the entire country. However, 60 years on from the flooding of Capel Celyn, the sensitivities of the reallocation of Welsh water resources to English cities needs to be understood. As not a single reservoir has been built since privatisation in 1989, will the Minister update the House on what recent meetings Ministers have held with Thames Water, the National Infrastructure Commission and the relevant local authorities to discuss the proposed Abingdon reservoir and associated schemes?
Lord Benyon (Con)
The Abingdon reservoir was brought to Ministers over a decade ago, and the case made by Thames Water was not correctly put forward. We told them to go back and do it again. They have, and this will now be part of their water resources management plan, which will go to Ministers this year. I hope that we can learn from this. It should not take two to three decades for really important infra- structure to be built.
Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023
Baroness Anderson of Stoke-on-Trent Excerpts(11 months, 1 week ago)
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Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I thank the Minister for his introduction to this important SI, which wraps two previous SIs up into one and deals mostly with the levying of fees.
The Explanatory Memorandum indicates that the fees will use the actual
“cost to the agency and are not uplifted using inflationary rates”,
and that “no profit element” is involved. The noble Baroness, Lady McIntosh of Pickering, has already said very eloquently what a large increase there has been in these fees. The fees also cover seven different service areas provided by the Animal and Plant Health Agency, APHA, which is an executive agency of Defra. The fees have not been updated for some time, as the Minister said, with Brexit and Covid somewhat dominating the agenda.
Paragraph 7.3 of the EM gives details of how the costs will be calculated and the fees collected by APHA, stressing again that inflation will not be considered. I wonder whether this is wise. If there is no allowance for inflation, how will the true costs be calculated and passed on to those involved? An annual review—if not uplift—in fees is generally accepted in all other areas of life, so why not here? The Treasury requires, quite reasonably, that true costs be recovered. If there is no annual review of these fees and inflation is not to be considered, it is not going to be very long before a full-scale review is needed again. I would be interested to hear the Minister’s comments.
Paragraph 7.9 of the EM, relating to border control posts, indicates that documentary and identification checks will be conducted by authorised vets
“to prevent the introduction of diseases harmful to animal and public health”.
This is especially important. However, we have had debates over the years, especially since the advent of Brexit, about the availability of adequately qualified vets to conduct this inspection work. This type of work is not high on British vets’ “must do” lists. It is nevertheless extremely important that these border checks be conducted and carried out thoroughly. Is the Minister confident that sufficient trained vets are available to implement the necessary checks?
I note that, in the instrument itself, there is a category on page 7 headed “Animals not covered by any other category”. Can the Minister say whether this includes Camelids—that is, llamas and alpacas? If not, where are they covered in the instrument?
Lastly, the uplift in fees will be implemented over a two-year period, as the Minister said, with some this year and the rest in 2024. The cost will fall on businesses, charities and voluntary bodies that have not had an uplift since 2019. It is to be hoped that they will be expecting this uplift. Whether they have looked at the fees listed in the APHA section of the Government’s website is another matter; I did not find my search of that website a terribly rewarding exercise. None the less, I am happy to support this SI.
Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, I thank the Minister for his time today and for outlining the need for the changes laid out before us. This is a wide-ranging SI, increasing the fees charged by the Animal and Plant Health Agency for a range of services, from bovine semen controls to salmonella control programmes. While His Majesty’s Opposition of course support the enforcement of our agreed regulatory framework, I worry about steep and speedy increases in associated costs, as the noble Baronesses, Lady McIntosh and Lady Bakewell, have already referred to.
Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023
Baroness Anderson of Stoke-on-Trent Excerpts(11 months, 1 week ago)
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Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, I thank the Minister for outlining the amendments to the data reporting regulations, which your Lordships’ House passed in February this year. As it is a sunny Monday afternoon and we are all rather relaxed after the recess, I will not be churlish but will congratulate the Minister and his department for listening to industry and bringing amendments this quickly. His Majesty’s Opposition support this and all measures that actively seek to promote better use of our natural resources and active recycling programmes. The establishment of correct base data is fundamental to the success of the associated schemes. However, I have a few questions for the Minister, which I hope he can assist us with.
While I appreciate that the SI is limited in scope to data collection to ensure that we have accurate facts and figures at hand for the imminent implementation of the extended producer responsibility scheme, there are substantive issues associated with the EPR itself. Can the Minister assist us with an update following news coverage last week that the food industry is seeking delays to the implementation of the extended producer responsibility scheme? Can he assure the Committee that the current timescale for implementation remains in place? Would the Minister also be kind enough to inform your Lordships of his department’s most recent engagement with both the British Retail Consortium and the Food and Drink Federation regarding the details of the scheme, given their public concerns?
Much debate in the other place focused on the potential impact of this new scheme on small businesses, many of which are facing other challenges at present. We appreciate that Defra has carefully considered the turnover and tonnage thresholds, and that the department has been running engagement sessions for producers, but does the Minister have anything new to say on information sharing and implementation dates?
These regulations also add the obligations of importers, which were
“Erroneously omitted from the original statutory instruments”.—[Official Report, Commons, Second Delegated Legislation Committee, 23/5/23; col. 1.]
Given that imported packaging makes up around 8% of that placed on the UK market each year, and that, by the Commons Minister’s own admission, not including this data would “distort the system”, how is it possible that Ministers missed this before now?
Among other things, this SI deals with reusable forms of packaging, such as bottles or containers that may be used to purchase household items at zero-waste shops. The Minister knows that questions have been raised, via the Secondary Legislation Scrutiny Committee, about the potential for offsets to incentivise the early recycling of reusable packaging, so that firms avoid paying producer fees. The department’s response has been published online, but could the Minister read a summary into the record?
These seemingly minor changes to the regulatory framework could have a further inflationary effect on our food prices when the EPR is implemented. Food inflation is running at 19.1%; if food manufacturers opt to pass the full costs of these regulations on to the consumer—a sum the BRC currently speculates to be in the region of £1.7 billion per annum—it will have further inflationary effects. In the middle of a cost of living crisis, it is therefore vital that we get this right.
Lord Benyon (Con)
I thank noble Lords for their valuable contributions to the debate. I turn first to that from my noble friend Lady McIntosh regarding her concerns about offsetting for widely recyclable, single-use materials that a producer collects for recycling. The packaging extended producer responsibility scheme will not allow for this material to be used to offset disposal costs, because it could risk duplicating existing collection systems, which would reduce overall system efficiency. In doing so, this would shift costs on to other producers.
On my noble friend’s wider concerns about the packaging EPR, we have listened to feedback from the industry very carefully and have amended our proposals following consultation. This has reduced the cost to businesses from an estimated £2.7 billion to £1.4 billion per annum. That addresses some of the wider concerns expressed about the impact this could have, and the last point made by the noble Baroness, Lady Anderson, about any inflationary effect, which I will address later.
We are committed to continuing to work closely with industry on the final design of the scheme and our delivery plans. Defra has set up a business readiness forum and a local authority forum in order to keep businesses, producers and local authorities up to date about changes. These groups have been meeting regularly since January this year.
The noble Baroness, Lady Bakewell, raised the issue of a de minimis. The collection and reporting of data by smaller producers is done to inform a review of whether the de minimis should be reduced in future years. She is absolutely right that this will need to be revisited by another statutory instrument next year as we see these systems bed in.
On the question raised by my noble friend Lady McIntosh about whether this is the right time and whether there should be a delay, I note that as part of the transition between the old and the new regulations, producers and compliance schemes may need to continue to comply with their 2023 obligations in respect of packaging placed on the UK market in 2022, which are determined by the 2007 regulations. It is planned that the data reporting regulations and the 2007 regulations will be revoked by the new Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2023, which are expected to come into force towards the end of this year. The regulators will keep producers informed about compliance requirements as part of the transition from the 2007 to the 2023 regulations.
I really do recognise the concerns about the timing of this, but it is vital that we do not delay the scheme. We are working on implementing the packaging extended producer responsibility from 2024. In doing so, we are continuing to engage with stakeholders to ensure that the burdens of transitioning to this new scheme are minimised.
Local authorities will be able to collect dry recyclable waste streams together in circumstances where it is not technically or economically practicable to collect the waste streams separately, or there is no significant environmental benefit to doing so. Shortly, we will publish the government response to our consultation of last year, which will also confirm any exemptions to separate collection whereby local authorities can co-mingle recyclable waste streams in all circumstances. It is important to set this scheme in relation to other factors.
On whether this impact will feed through to household bills, we have to recognise that there is a huge cost to the taxpayer in the environmental impact of not recycling. The only way we can encourage more recycling is to know precisely what companies are doing, how they are using it and therefore how we can incentivise them to change behaviour. Huge benefits have been achieved by companies that have addressed this in what they do and made a virtue of it. We want to support them in this.
An important point was raised by the noble Baroness, Lady Bakewell, regarding Wiltshire Farm Foods and apetito. As she says, they do wonderful work in providing food for sometimes vulnerable people, and they recycle their trays in a closed-loop system. Producers will not be permitted to off-set their fees where the packaging in question is collected for recycling by more than 75% of local authorities. The key reason for this is that we do not want to incentivise producers to start collecting their own household packaging for recycling where that packaging is widely collected by local authorities. We want significantly to increase kerbside recycling through consistency and extended producer responsibility, and to do so in the most efficient and effective way. Potentially competing arrangements are unlikely to achieve this.
We also want to encourage producers to move to reusable packaging and reduce single-use packaging where possible. That is why we have included an exemption to this rule for any packaging that is being used as part of a reuse system—for example, reusable glass milk bottles.
I will speak to my honourable friend Rebecca Pow to make sure that she follows up on her agreement to have a meeting with Wiltshire Farm Foods or apetito, or both. I am sure that that is in the process of happening and I will make sure that it does.
With those few words, I hope that I have addressed the concerns raised today. I am grateful that noble Lords have indicated their willingness to accept this instrument. It will make crucial changes to the Packaging Waste (Data Reporting) (England) Regulations 2023. These changes will ensure the proper functioning of the packaging recycling evidence scheme and that fair producer fees are set that reflect the true amount of packaging that arises as waste in the UK. These amendments will also clarify the definition of a brand owner, ensuring that producers have confidence in where their obligations lie.
Woodland Cover Protection and Grey Squirrel Control
Baroness Anderson of Stoke-on-Trent Excerpts(11 months, 3 weeks ago)
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Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, I too thank the noble Lord, Lord Redesdale, for initiating this debate to explore how we can protect and promote woodland cover, as well as control the grey squirrel population—although also now the black squirrel population. I am aware that the noble Lord has been closely associated with these issues for many years. We live in a green and pleasant land—at least, I believe we would all like to—which is why we are here to debate such an important issue for our natural and domestic environment.
The UK has a disappointing record, over generations, in preserving our historic and native woodlands, although that is improving. Only 13% of our great country has forest cover. This compares somewhat unfavourably to a global average of 31%. In France it is 32%, in Germany 33% and in Spain 37%. However, these figures alone do not tell us the full challenge that we face to rebuild our woodlands, because it is not just about the volume of trees that we have but the quality of what has been planted and the effect it is having on our immediate environment. The Woodland Trust has estimated that, since 1999, we have lost nearly 1,000 ancient woodlands and a further thousand are still under threat.
This is compounded by the planting of non-native species, which may be beautiful—at least, I consider them to be—but are doing little to support woodland wildlife. In fact, according to the RSPB, since 1970 the woodland bird index has declined by a quarter and the woodland specialist bird index has fallen by 45%. As noble Lords will be aware, these statistics will reflect similar figures for all woodland wildlife as they are subject to the same environmental impacts.
This is therefore an environmental crisis, and one that is not helped by the presence of so many grey squirrels in our delicate ecosystem, as the noble Lord, Lord Redesdale, so ably highlighted. Grey squirrels have done significant damage to our native woodlands by their bark-stripping activities and are threatening the very survival of some of our most cherished tree species, not least the beech tree.
No one participating in this debate needs convincing that more has to be done to rebuild our natural woodlands and to enhance our domestic forest cover, but we need some clarity from the Minister. Can he assist us by providing responses to the following questions?
In 2021, the Government published the England Trees Action Plan 2021 to 2024. We are now half way through the time allotted by the Government to reach their target of planting 30,000 hectares of woodland per year. Can the Minister outline how much of the £500 million budget has been spent and when the Government expect to reach their goal of 30,000 hectares per year? Can the Minister also provide us with a date for when the much-promised new grey squirrel action plan will be published, and which funding pots will be linked to it to ensure its effective implementation?
Earlier this month, the Government confirmed that a new rare species survival fund would be launched soon and would provide support for red squirrels. Can the Minister inform the Committee what the Government mean by “soon” and when we should expect it?
There are few things more beautiful than the British countryside. Each one of us will have a favourite tree, a favourite walk or a favourite view. The onus is on each and every one of us to protect and enhance what we have, but to do so we need support and clear direction. I hope that the Minister can assist today.
Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023
Baroness Anderson of Stoke-on-Trent Excerpts(11 months, 3 weeks ago)
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Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, I have a heavy cold, so if I start sneezing I apologise in advance.
I thank the Minister for his overview of these regulations. His Majesty’s Opposition agree that the management and protection of our groundwater is vital for sensitive ecosystems and a range of key industries that have already been outlined, so we support these proposed changes to the regulatory framework. However, I have a few questions for the Minister following on from the debate held in the other place.
The environmental permitting regime came into force in 2010, and the amendments made by this SI are described as minor tweaks which
“provide a more proportionate, risk-based regulatory approach”.
Although the changes might be considered minor, and although we have no major objections, could the Minister outline when during the last 13 years various deficiencies referenced in paragraph 7.10 of the Explanatory Memorandum were identified and why it has taken so long for the revisions to be brought forward?
As highlighted by the noble Baroness, Lady McIntosh of Pickering, the Secondary Legislation Scrutiny Committee’s comments on the SI focus in part on its potential implications for the use of technology such as hydraulic fracturing. Although Defra says that it is not currently aware of any proposals for low-volume, low-pressure fracturing in deep formations containing groundwater in the onshore oil and gas industry, can the Minister outline any specific stakeholder engagement on the issue and say how long it will be kept under review and reported on should the situation change?
In the House of Commons, the Minister, Rebecca Pow, committed to write in response to specific questions on sewerage undertakers’ liability for certain offences under the EPR. Does the Minister have a copy of that correspondence that could be read into the record? If not, is he able to provide a copy to participants?
Finally—without sneezing—this new suite of potential exemptions will require enhanced monitoring and enforcement arrangements. How confident is the Minister that the Environment Agency has the resources to oversee the additional workload, given that research published by Unchecked UK states that the EA has seen cuts equivalent to 25% of its staffing base and 63% of its funding since 2009?
Protection of our delicate ecosystems in the coming decades is a responsibility that falls on all of us, especially given the challenges posed by climate change, so it is vital that we get the regulatory framework correct and have the enforcement structures in place.
Lord Benyon (Con)
I am grateful to your Lordships for your important contributions to this debate and for what I sense is support for the amendments to the 2016 environmental permitting regulations. These amendments will optimise the regulatory tools available for managing and protecting groundwater quality. I am delighted that we are delivering on the Government’s commitment to ensuring that the quality of our groundwater resources is protected.
I will now address the points made. First, my noble friend Lady McIntosh and the noble Baroness, Lady Anderson, raised hydraulic fracking. The Government’s moratorium on high-volume, high-pressure hydraulic fracking for shale gas is very much still in place. Hydraulic fracturing is already permittable in some geological formations. The amendment will allow control through permitting of stimulation techniques including hydraulic fracturing in all formations that have the potential to release heat and energy, but only where it is demonstrated to be environmentally accessible. I make the point to my noble friend and all noble Lords that there is no change or diminution in protections; it just allows us to have a system that is more suitable to the problems with which we are dealing.
Treated sewage effluent discharges can contain high numbers of microorganisms, including harmful pathogens. Where such discharges occur very close to private drinking water supplies, the risk of potential harm to health increases. This amendment provides the ability for the regulator to apply proportionate, risk-based controls to prevent microbial pollution where the risk deems it necessary.
The existing environmental permitting regulations specify that a water company sewerage undertaker is not guilty of an offence relating to discharging sewage effluent under certain conditions, such as if a third party made an unauthorised discharge into the sewer, resulting in a discharge from the works breaching the permit conditions at that site. That is fair. However, the defence applies only to the offence of operating without a permit, not the offence of contravening permit conditions, which is more commonly the case.
This change is necessary because that situation creates uncertainty for water companies and enforcement difficulties for the Environment Agency. The amendments provide legal clarity for the Environment Agency to be able to take enforcement actions, including prosecutions, with more certainty of success, and do not reflect the previous legal position where the defence was open to both offences of operating without a permit and in breach of permit conditions.
On the point about chicken slurry in the River Wye, that is not classified as groundwater so these regulations do not apply in those circumstances. However, we are tackling that issue through a variety of different actions to protect that important river environment.
The noble Baroness, Lady Bakewell, also asked what we are talking about here. An example would be a SSSI, which we have a vital duty to protect. We want to see 75% of them in good condition in just a few years’ time.
The noble Baroness asked about the definition of a mobile plant permit. It is a type of environmental permit used to regulate shorter-term, temporary activities which utilise equipment that is designed to move from site to site. Discharges into river are separate from discharges to groundwater; both need permits to discharge pollutants into the environment.
On the question of geothermal schemes, only proposed systems in sensitive groundwater locations will need a permit from the Environment Agency. This means that the use of this green energy technology is still an option in locations that cannot meet the exemption conditions, and any potential impact on groundwater quality can be controlled.
On the questions relating to the consultation, the public consultation was held from September to December 2021 to seek views on the nine amendments. The draft statutory instrument was published on 23 March 2023. As I said, there were 264 responses to the consultation. Overall, there was majority support for the consultation, except for the proposals to mitigate potential groundwater impacts from cemeteries, which showed clear opposition. I have some knowledge of this issue. When I was in the other place there was an application to create a green burial ground—the sort of land use which I think many of us would support; it is a type of burial that is particularly attractive to individuals and their families who want one which is perhaps more environmentally friendly. Some of the misunderstandings about the impact of that resulted in me, as the MP, receiving letters saying that body parts would be found floating down the river, and things like that. That is not the case. These burials are very much in keeping with the environment. They need licensing, as do any such schemes, and this will allow us to have better systems of protection.
The noble Baroness raised a point about garden burials; I may have to contact her with details. Due to the low intensity of the impact of such burials, I do not think that is important.
On the question of why this SI has been brought forward and why it has been delayed, I am absolutely happy to explain to the Committee that the current changes are a long-standing issue that has been delayed several times due to reprioritisation during EU exit and Covid. Improving the regulatory regime for groundwater is a priority for this work by reducing regulatory burdens and freeing business to grow and invest.
I will find out about the letter from my honourable friend Rebecca Pow. We are not sure where it is in the process, but I am certainly happy to share it with Members of the Committee.
In conclusion, I hope I have addressed the points raised by your Lordships and thank you again for your contribution. I commend the regulations to the Committee.
Microchipping of Cats and Dogs (England) Regulations 2023
Baroness Anderson of Stoke-on-Trent Excerpts(1 year ago)
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Lord Black of Brentwood (Con)
My Lords, I declare an interest as a patron of International Cat Care. I warmly welcome these regulations and the Government’s action in this area. Over the years, I have had the pleasure of working with Cats Protection, which has campaigned vigorously on this issue and deserves great credit for sticking to it—and many other charities—to achieve this important change in the law.
I am the proud owner of a microchipped rescue cat but, as my noble friend said, 25% of owned cats in the UK are not microchipped, leading to huge problems with stray cats, many of which end up being rehomed needlessly when they get lost. It would also help, as the noble Lord, Lord Trees, said, with those tragic occasions when cats are run down or grievously injured in some other way, giving owners much anguish, as they worry about the fate of a beloved pet. Microchipping would help enormously with that.
One other point that I would like to make on that theme is that, as the noble Baroness said, there is a cost to microchipping, which may be an added burden for many struggling with bills at this time. I am delighted that, from this summer, Cats Protection will expand its subsidised scheme to assist people on low incomes to get their cats neutered and microchipped. That will go some way to dealing with some of the issues that the noble Baroness rightly raised.
In the world of animal welfare, there is always another challenge, and I agree with my noble friend that it is time that we had another debate on cats and dogs and other domestic animals—it has been a few years now. This important hurdle having been crossed, we still have the issue of pet smuggling and pet theft to deal with, as the noble Baroness said. I hope that it will not be too long before we see the return of the kept animals Bill, which will deal with some of those issues. I wonder whether my noble friend could very kindly give us an update on that.
Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, I thank the Minister for providing an overview of this very important statutory instrument and also thank his team for the helpful briefing that it provided.
The issue of microchipping cats has been widely consulted on, and these regulations are, of course, supported by His Majesty’s Opposition. Let us be clear why we are here today: one-quarter of all owned cats are not currently microchipped, which compares unfavourably to their canine friends, as only 10% of dogs are not chipped. While that statistic is surprising enough, the scale of the problem is compounded by the fact that 59% of cats taken in by Battersea Dogs & Cats Home and 80% taken in by the Cats Protection adoption centres were not chipped. That can truly be heartbreaking for those pet owners who have lost their feline friends and cannot be reunited with them. As a proud nation of animal lovers, we must do better, which is why these regulations are so important. However, I would like to ask the Minister a couple of questions related to the implementation of the regulations.
Can the Minister confirm that the department is in discussions both with local authorities and with the relevant charities to ensure support for those who will struggle to meet the financial obligations associated with the implementation of the regulations, as has been highlighted?
On a further point, Rebecca Pow, the Minister in the other place, this week suggested that a further SI would follow regarding the microchipping database system and the need to have a standardised system in place for relevant parties to access. Can the Minister inform us as to when we should expect both the SI and sight of these plans to streamline the 22 current systems?
I would also be grateful if the Minister could provide your Lordships’ Committee with the definition his department and relevant stakeholders will be expected to use to differentiate between owned, feral and community cats.
We all want nothing but the best for our pets and those animals which we see in and around our communities every day—or currently on the campaign trail—which is why the Labour Party supports this statutory instrument. I pay tribute to the animal welfare organisations which have campaigned on this issue for many years and brought it to our attention, most notably Battersea Dogs & Cats Home, Cats Protection and the RSPCA, whose work we recognise today.
Lord Benyon (Con)
I am grateful to noble Lords for their important contributions to this debate and for the support for the compulsory cat microchipping provisions. I join the noble Baroness in paying tribute to Battersea Dogs & Cats Home, Cats Protection, the RSPCA and other organisations which have long campaigned for this. I hope that we will see this on the statute book in the very near future—I should just say to the noble Baroness, Lady Doocey, that it will kick in in June 2024.
Microchipping has established substantial benefits for the welfare of our pets and offers peace of mind for their keepers. I am delighted that we are delivering on the Government’s manifesto commitment, which is so strongly supported by the public. I will address as many of the points as I can.
On enforcement, the maximum fine is £500. My noble friend Lady McIntosh asked about the implementation of this with regard to dogs: I think almost 500 people have been fined for not having had their dog microchipped.
My noble friend also asked what the definition of an “owned cat” is. Colloquially, the term refers to cats that are generally kept as pet cats; free-living cats such as farm, feral or community cats that live with little or no human interaction or dependency are not regarded as owned cats. The statutory Code of Practice for the Welfare of Cats will be updated to include the new requirement for compulsory microchipping and provide further clarification that may be needed. We will consider issuing guidance on enforcement to local authorities. Of course it is difficult to define in government and legislative terms something so broad as the life of cats. We know that some move very short distances away from their owners, whereas others live virtually as wild animals.
Microchips are used to identify dangerous dogs. All prohibited dogs which receive an exemption under the Dangerous Dogs Act must be microchipped. It is mandatory to microchip your dog, and since 6 April 2016 it has been a requirement for dogs in England to be microchipped. Puppies over the age of eight weeks must be microchipped and their details recorded on one of the compliant databases. Scotland, Wales and Northern Ireland also have mandatory dog-chipping requirements in place.
We recognise how painful it is for an owner to lose a pet. When I was in the other place, dog theft was a major issue in the Berkshire/Oxfordshire area, and it struck me as a new MP that it was not being taken seriously, particularly by the police in those circumstances. Losing a pet in this way is a horrible crime that completely ruins people’s lives, so it is important to be able to work locally and make sure that the profile of that is raised. I know that police and crime commissioners have gone a long way towards making this a much more seriously viewed crime among local police forces. Great work is happening, and we want to make sure that that continues.
On a point mentioned by the noble Lord, Lord Trees, compulsory microchipping will make it easier for deceased cats to be reunited with their owners and for their owners to be informed of the circumstances. Highways England and the majority of local authorities already have procedures in place to scan dead cats and dogs found by the roadside. In addition, we are committed to improving the operation of the microchip databases.
Further on my noble friend Lady McIntosh’s point about fines, in fact 421 fines were issued for this offence; 1,126 various summary offences contrary to the Microchipping of Dogs (England) Regulations 2015 have been imposed, with an average of 84 fines per year, the average fine being £204.
Many noble Lords have raised the issue of the databases. The legal framework for database operators that store cat microchip records mirrors that currently in place for dogs. My noble friend is absolutely right: there are 22 separate databases that hold themselves compliant with the legislation, 21 of these also accept cat microchip records and a list can be found on GOV.UK. Our current consultation, to which the noble Baroness, Lady Anderson, referred, will address the point of access to the data on those databases. She is absolutely right: at the moment, you can access under which database it is listed, but then there is a further procedure. We are seeking to create one portal which will enable the veterinary surgeon or whoever is scanning the cat to identify the owner as quickly as possible. We think that is really important. The consultation on the microchip database system reforms closed on 20 May last year. We are currently analysing the responses with a view to introducing reformed measures this year, and we will be issuing a response to the consultation soon.
In response to my noble friend Lord Caithness, dog breeding is regulated under certain circumstances, but cat breeding is not. As puppies can be rehomed from eight weeks of age, the requirement for them to be microchipped by eight weeks ensures that the breeder is the first registered keeper—I am sorry: I cannot remember who raised this. The Government decided to raise the age at which a cat should be microchipped from the proposed 16 to 20 weeks due to responses in the public consultation. This is to allow the procedure to be carried out alongside neutering, which may be routinely carried out up to 20 weeks, so it fits with those specific requirements of cats, as opposed to dogs.
My noble friend Lord Caithness also raised the important issue of wildlife being killed by cats. It is very hard to legislate against this, but millions of birds are killed every year by domestic pets, many of them cats. We of course encourage responsible ownership. There are various things that a cat owner can do to make it harder for it to catch birds—where you put your bird feeder is but one of them—but he raises a very important point. The number of feral cats, although they can be very useful in farmyard settings for controlling vermin, is also part of the problem with killing birds, and we need to see a reversal in the decline of species in this country. We have a very firm commitment, and we are open to any suggestions which can help with responsible pet ownership. It is not just cats: if you watched “Springwatch” last year, you will have seen a dog destroying a redshank’s nest on the North Norfolk coast. People must control their pets and be responsible. We recognise that the damage that can be done by irresponsible pet ownership can be devastating to rare species.
We agree with the point made by the noble Lord, Lord Trees, about scanning not being compulsory. We agree with his position and thank him and the royal college for their support on this matter.
Oil Spill: Poole Harbour
Baroness Anderson of Stoke-on-Trent Excerpts(1 year, 1 month ago)
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Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, this is an incredibly worrying time for the people whose lives and incomes are affected by this oil spill. It has now been confirmed that oil is ashore and wildlife is affected. Can the Minister advise us on when the infrastructure protecting Poole harbour was last examined for statutory compliance? Can he confirm that his department and the Environment Agency will provide support to restore the sensitive eco balance of the marshlands and harbour?
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, television has shown us the extent of this spill; the oil has clearly mixed with the water in the bay. Two hundred barrels were released, allegedly containing only 20% oil, yet seabirds are being covered in it. This is not the first time such an instance has occurred. The plant is 50 years old. This is an SSSI, a Ramsar site and a European marine site, and the licence for the plant has another 15 years to run. Does the Minister agree that this is not the right environment for such a polluting activity to take place, affecting not only the environment but the bathing water status of Poole harbour?
Agriculture (Financial Assistance) (Amendment) Regulations 2023
Baroness Anderson of Stoke-on-Trent Excerpts(1 year, 2 months ago)
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Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I thank the Minister for his introduction to this statutory instrument and for his time, and that of the officials, in providing a briefing. I welcome his warning of impending doom should the fatal Motion be agreed in two weeks’ time.
The gist of this SI is that some information on the financial assistance that farmers receive for their activities will not now be published and therefore open to scrutiny. The Agriculture Act indicated that this information would be available for public scrutiny, and these exemptions from publication relate to the annual health and welfare review and the tree health pilot.
The Secondary Legislation Scrutiny Committee considered this SI on 28 February and asked a number of questions of Defra as to why there should not be publication of the assistance farmers are receiving. The answers related to the likely disadvantages farmers would face if detailed information was published. In the SLSC report, it is clear that Defra Ministers would be able to exempt certain schemes from the full publication requirement without having to lay secondary legislation before Parliament.
Defra stated that it
“carefully considered where publication could have a detrimental impact on scheme uptake, risk achievement of target outcomes and value for money, as well as potentially damage individuals and businesses.”
Can the Minister give examples of where such instances might occur, leading to a detrimental impact on the farmer and on scheme uptake? It would be useful for the Committee to know this.
Turning to the Explanatory Memorandum itself, the last bullet point in paragraph 7.4 refers to
“the investigation of breaches and suspected offences in connection with applications for, or the receipt, of financial assistance”.
Can the Minister say how many suspected offences and breaches are recorded in any one year? Is this a big problem or only an occasional occurrence? Paragraph 7.6 states that the instrument
“omits the previous definition of the ‘farming investment fund’ that referred only to section 1(2) of the Act… For example, the policy intention is to launch the ‘animal health and welfare scheme’ as part of the farming investment fund”.
Can the Minister please give an example of just what this means?
Paragraph 7.7 of the Explanatory Memorandum indicates that publishing a full list of financial assistance received could lead to individuals and businesses not reporting cases of pests and diseases, for fear of not being able to sell their stock or produce or being accused of having poor animal health practices. I understand this rationale but, on the other hand, it is important that everybody knows where there are outbreaks of pests and diseases. It is not helpful to neighbouring farms if, for instance, there is an outbreak of African swine fever in pigs in an area, especially if they are kept outside and neighbouring farms are unaware of that.
It is not just animal diseases which it is important to be aware of. For example, plants and trees are also under threat; in particular, they are under severe threat from oak processionary moth and Xylella fastidiosa. Can the Minister provide assurance that pests and diseases will be notified to Defra and its officials, even though they are not on the published list of financial support given to the farmer or the individual concerned?
I fully support the importance of encouraging farmers to join as many schemes available under ELMS as possible to maintain their living. It is also important for the public to understand what the money they receive is spent on. I also accept that publishing some information could give the wrong impression of what is happening on farms. It is important to protect farmers and their families from the activities of animal rights activists, wherever possible.
There is a fine line between total transparency on how public money is allocated and protection of the privacy and reputation of those engaged in agriculture in the wider sense. I am confident that the Minister is fully supportive of this. I have expressed my concerns but, generally, I support this SI.
Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, I thank the Minister for his introduction to this SI. While this is my first outing shadowing him, I am sure it will not be my last—unless this goes horribly wrong—and I look forward to our interactions in the months ahead. I also thank his officials for indulging my newbie questions in the briefing.
In recent weeks, our newspapers have been filled with tales of food shortages, excessive levels of food inflation and the associated food poverty. There has even been a national debate about our domestic turnips. No longer is the impact on our farmers and rural communities reserved to news stories on “Farming Today”. We live in a period of global uncertainty and economic challenge; this is no less the case for our domestic agricultural economy than for any other sector. Labour shortages, new bureaucracy and the ongoing impact of the war in Ukraine on grain and energy supplies are having a direct and daily impact on our domestic food supplies, as well as on the natural environment.
It is therefore vital that, in our post-Brexit world, we get the regulatory and payment structures fit for purpose to ensure security of food supply, and that we do everything that we can to support our farming businesses and communities. They are invaluable to our long-term sustainability and security, and we all rely on them. That is why the Labour Party will not be opposing this SI. However, I have some questions for the Minister relating to the implementation of the regulations.
The financial assistance amendment places more burden on Defra civil servants in terms of monitoring and the likely ongoing adaptation of some of the financial assistance schemes already launched. Can the Minister confirm that Defra has the resources to apply these changes in a timely manner over the next 12 months, given the additional strains which would be placed on his department by the Retained EU Law (Revocation and Reform) Bill, should it pass into statute? I promise that I do not seek to rerun the arguments which were heard in Committee on the REUL Bill last week; rather, I seek reassurance from the Minister that this has been considered and that appropriate resources are in place.
Following on from the debate in the other place on this statutory instrument, I hope the Minister can assist the Committee in answering some specifics which his colleague, the Farming Minister, failed to address. My colleague Daniel Zeichner sought clarification on Regulation 5(c); can the Minister confirm which schemes do not require a request for payment but will instead require an annual declaration to the Secretary of State? How many cases do we believe will fall into that category each year?
I also seek clarity on points raised by the right honourable Kit Malthouse in the other place in Committee. Referring to paragraph 7.6 of the Explanatory Memorandum, he asked:
“Does that mean that, without parliamentary consent, the Minister can start or close a new scheme or quietly”—[Official Report, Commons, Delegated Legislation Committee, 28/2/23; col. 8.]
abandon a funding mechanism that is no longer viable? As my noble friend Lord Grantchester highlighted, given the significant discretion that now rests with the Secretary of State, can the Minister confirm that, when schemes are launched, amended or closed, the department will be required to consult their beneficiaries before the terms are revised? If so, to what timetable will the department work?
I know that the Minister has vast experience of this area, which I do not claim to have, and is committed to making these regulations work for our farmers. I look forward to working with him in the months ahead to deliver the best possible deal for our rural communities.
Lord Benyon (Con)
I thank noble Lords for their valuable contributions. I start by welcoming the noble Baroness, Lady Anderson, to her position; I built up huge respect for her when we were on Select Committees together and am delighted that she will be holding me to account—I should be careful what I say; I am a bit nervous because I know what an effective parliamentarian she is. It is great to see her in her place.
I shall tackle as many of the points raised as I can. In response to my noble friend Lady McIntosh, this is a devolved issue, so this instrument, like all our agricultural policy, is for English farms only. We are working really hard to make sure that the vast majority of the schemes that we take forward are available to tenants. We have changed the rules so that tenants can access schemes without the consent of landlords in the vast majority of cases, particularly in the sustainable farming incentive. We are working through the Rock review, which is a brilliant piece of work, and want to see as many of its recommendations implemented as we can, as quickly as possible.
My noble friend asked about the need to update the 2022 guidance. There is no need to because we are not changing the policy. There is no need for an impact assessment for the same reason. She asked about area payments in relation to Scotland and England. I cannot comment on what Scotland is doing because we are still not entirely certain. However, I can say with every fibre of my being that the need to move away from area payments is long overdue. When I arrived at Defra in 2010, the Farming Minister was Sir Jim Paice. He was absolutely clear, and I agreed with him, that we need to prepare the farming community to move away from the completely unacceptable system whereby the largest farmers get most of the money. The CAP system and area-based payments were not friendly to small farmers. Under our schemes, small farmers will be able to be more fleet of foot and adapt.
Upland farmers will have access to 130 of the standards that we are seeking to implement. I will talk more about that in future. I worked with Julia Aglionby; her input in trying to make our schemes fit graziers who have access to areas of uplands in particular has been invaluable. I gather Ms Aglionby is publishing her assessment of what this means. We will examine that and respond to it.