Horticultural Peat

Baroness Hayman of Ullock Excerpts

Tuesday 9th May 2023 Lords Chamber

[Lord Benyon (Con)]

The noble Lord makes a very good point: in every policy area, there is an unintended consequence unless we fully consider it. In producing alternative media, there is sometimes a cost to the environment. If we are buying coir from abroad, what impact is that having on some very vulnerable parts of the world? There are many other growing media with which we have to ensure that, in our determination to protect our remaining peatlands, we are not exporting the problem and causing problems further afield. It is a very difficult issue, as the noble Lord rightly raises, and I assure him that we are all across this subject.

[Baroness Hayman of Ullock (Lab)]

My Lords, clearly it is critical that we stop peat extraction, but restoration must also be a priority. What are the Government’s plans to increase the restoration of our peatlands, and what resources are being provided, including through ELMs?

[Lord Benyon (Con)]

In our environmental improvement plan we have set clear targets for the restoration of peat, both in uplands and lowlands. With lowland peat this involves re-wetting and assisting those growers to farm in a different way on wetter peatlands using cover crops. In uplands we have a demanding target of restoring moorland peat in a way that reflects the fact that it locks up an enormous tonnage of carbon every year. I do not know of any other country that is doing more to protect its peatlands.

Ecology Bill [HL]

Baroness Hayman of Ullock Excerpts

3rd reading
Friday 21st April 2023 Lords Chamber

[Lord Redesdale (LD)]

My Lords, this is a simple Bill. It started off with far more clauses, but we removed most of them to allow just one simple provision: to reverse the catastrophic decline we are seeing in nature in the UK. The UK is one of the most naturally depleted countries in the world, which is quite surprising considering how little is being done to look at how we are going to reverse that.

I was very much hoping that, because we have made this such a simple measure, the Government could take this and add it to many of their policies going forward. In Committee, it was clear that the Government do not see this as something they are going to take forward. I hope they will change their mind when it is picked up in the Commons, and that there will be a damascene moment where it is given government time and moves forward. I am not sure that the Minister is going to give me some assurance on that basis.

I thank all those who have taken part in debates on the Bill. I particularly thank the people at Zero Hour, who have done so much work to raise the issue, and their supporters, in particular Mr Ron Bailey, a seasoned campaigner who has brought so many of these Bills before Parliament. On that basis, I beg to move that this Bill do now pass.

[Baroness Hayman of Ullock (Lab)]

I will say only a very few brief words. Clearly, reversing biodiversity decline is extremely important, and we have had useful debates around the Bill, which clearly has been on a bit of a journey. I wish it luck for its passage in the other place and I am sure that we will see it again at some point.

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

My Lords, I pay huge tribute to the noble Lord, Lord Redesdale, for tabling this Private Member’s Bill and for the passion, knowledge and understanding of this issue that he brings to the House. As he says, this is a crucial issue, and I am glad that throughout the Bill’s passage we have had the opportunity to debate and discuss it. I know that noble Lords will agree with me when I say that tackling the twin challenges of biodiversity loss and climate change is of the utmost importance.

I will not repeat the discussion we had at Second Reading and in Committee, but I will emphasise the action that the Government have taken since the last time we discussed the Bill. In England, we have now set four legally binding targets for biodiversity. By 2030 we have committed to halt the decline in species abundance and by 2042 we aim to reverse species decline, to reduce the risk of species extinction, and to restore or create more than 500,000 hectares of wildlife-rich habitats.

We have set out our plan to deliver on these ambitious targets, along with other environmental targets, in the revised environmental improvement plan, published on 31 January. Here we link the different objectives, plans and mechanisms for recovering nature. The environmental improvement plan also includes short-term interim targets in addition to those long-term targets. This overall suite of targets will ensure that the policies, actions and commitments in the plan are collectively driving progress towards our ultimate goal of leaving the environment in a better place than we found it. Additionally, the plan matches the ambition agreed internationally in the new global deal for nature at the UN nature summit COP 15 in December.

I thank the noble Lord again for bringing the Bill to the House and for enabling this debate, but I hope that noble Lords are reassured that biodiversity is an absolute priority for the Government and that action is being taken and will continue to be taken.

Direct Payments to Farmers (Reductions) (England) Regulations 2023

Baroness Hayman of Ullock Excerpts

Tuesday 28th March 2023 Lords Chamber

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

My Lords, I inform the House that if this amendment is agreed to, I will be unable to call the amendment in the name of the noble Baroness, Lady Hayman of Ullock, by reason of pre-emption.

[Baroness Hayman of Ullock (Lab)]

My Lords, I first declare my interest, as set out in the register, as president of the Rare Breeds Survival Trust. The statutory instrument on direct payments that we are considering today is very short, and should be straightforward, but I have tabled an amendment, as we have some reservations about how the agricultural transition is being managed. This was done with no intention to confuse farmers.

Farm businesses have been facing increased volatility, uncertainty and instability and have been expressing concerns about the phase-out of direct payments against a backdrop of huge cost inflation. The noble Baroness, Lady Bakewell of Hardington Mandeville, talked about the huge extra costs being faced. According to the NFU, agricultural inputs have risen by almost 50% since 2019. It says that fertilisers are up by 169%, energy by 79% and animal feed by 57%.

During a time of fresh food shortages, it is worrying that the production of salad ingredients such as tomatoes and cucumbers is expected to fall to the lowest levels since records began back in 1985. Is Defra talking to supermarkets about the need to support British farmers? The NFU survey of livestock producers found that 40% of beef farmers and 36% of sheep farmers are planning to reduce, with input costs given overwhelmingly as the main reason.

Following the survey results, and with the SI reducing payments to farmers by between 35% and 55%, I was perturbed by paragraph 12 of the Explanatory Notes, headlined Impact, which states:

“There is no or no significant impact on business, charities or voluntary bodies”.


How can there not be an impact? I also draw attention to paragraph 7.6 of the Explanatory Memorandum, which indicates that the Government intend this to be last year of the current direct payment scheme in England. It is being replaced by the delinked payment. Will that process require a further SI, or will what is in front of us today be sufficient to make that transition?

I would also appreciate clarification of the claims in paragraph 7.2, which states that direct payments are untargeted, can inflate land rent prices and can stand in the way of new entrants to the farming industry. These are quite sweeping assertions. What is the evidence base for this and what impact has the reduction in basic payments so far had on land prices and new entrants?

As the Minister knows, we have always supported the introduction of new ELM schemes and we clearly want to see them succeed, but between 2018 and 2022, Defra struggled to provide farmers with sufficient information. This unsurprisingly led to concerns, particularly against the backdrop of changes to our trading relationship with Europe, the Covid-19 pandemic, the impact of the war in Ukraine and the cost-of-living crisis.

There has been a huge number of differing pressures and uncertainty. It is no surprise that farmers are concerned and worried about all the changes that are happening. But it was very welcome that in January this year, Defra finally published the details of the three ELM schemes and provided much needed clarity to the farming sector. As we have heard, this includes a sustainable farming incentive, an expanded countryside stewardship scheme and a further round of the landscape recovery pilots.

It is important for the different options to be attractive to farmers, enabling them to produce food while helping to protect and enhance our natural environment. We have heard that this year, Defra has increased countryside stewardship payment rates and removed the caps, so that farmers can access more capital to invest in farm infrastructure, improve air and water quality and restore habitats. This is very welcome, but we believe that Defra could go further in offering support. One way could be to increase access to the higher tier options, including for hill farmers. Currently, only about 300 to 500 farmers a year benefit from this, but it has the potential to provide a flexible, effective and more attractive offer to many more farmers. Is this something the department would perhaps consider? Defra has stated that it will manage the budget in a flexible and transparent way but has not made firm allocations to each scheme. When is that information likely to be available?

We know that the successful rollout of ELMS is critical to meeting our domestic and international commitments to tackle the nature and climate crisis we face. Following COP 15, we now have international commitments to pursue more nature-friendly farming. So, while we have concerns about the lack of long-term certainty about the future that farmers are struggling with, and we still need to know details of how all this will work in practice, we do not support the amendment in the name of the noble Baroness, Lady Bakewell of Hardington Mandeville.

Analysis by the Green Alliance has demonstrated that a two-year delay to the phase-out of direct payments would halve the contribution of ELMS to the fifth carbon budget, leaving a substantial gap in the UK’s net zero plans. The analysis also found that retaining the previous EU scheme for an extra two years would mean that at least £1.2 billion—that is £770 million in 2023—would continue to be spent on the wealthiest farms in England: in other words, those already receiving more than £100,000 each in public subsidy in exchange for carrying out no public goods whatsoever.

Unfortunately, the Government have dithered for a number of years over the future of ELMS, which has been significantly delayed from the original start date of 2020. There was also uncertainty when Liz Truss even looked at axing it. So, January’s announcement was very helpful, but everything has been moving far too slowly, both for farmers and for our environment. Many farmers are also concerned about a gap in funding as they work out which schemes they are eligible to apply for.

My colleague in the other place, Daniel Zeichner MP, said:

“Unfortunately, it’s hard to imagine the money that’s been lost in direct payments will now be replaced through environmental schemes. Farmers are losing thousands and thousands. Labour is committed to making these schemes work and unfortunately it appears there is no such commitment from this government”.


I know that the Minister is personally very committed.

The extra £1,000 that has been mentioned is not exactly a huge sum for struggling farmers, but this SI is part of the next stage in the transition to the “public money for public goods” approach to agricultural support. We strongly support that transition, and we want it to work. We need to move to a more environmentally friendly and nature-positive food production system, but we remain concerned that the complexity of the schemes currently proposed may hamper take-up. The noble Baroness mentioned the slow uptake of the scheme so far. In terms of food supply and environmental gain, that is something we simply cannot afford. We support the Government’s aims, but they just need to get on now with delivering what both our farmers and the environment so badly need.

[The Earl of Caithness (Con)]

My Lords, this has been an interesting discussion so far. Both noble Baronesses talked about farmers in general, as if all farmers are struggling. That is not the case. A number of farmers in this country are doing very well at the moment because of the nature of the land. There are roughly 45 million acres of farmable land in the UK. Of that, 15 million acres constitute very good land, and its farmers are able to adapt and grow high-value crops at good yields. There are about 15 million acres of moderate land, and they are a serious problem; my noble friend and Defra are tackling it, and ELMS will undoubtedly help. There are 15 million acres of hill land, which again present a very difficult problem. The challenge facing my noble friend and Defra is sorting out the two less productive areas. The way they are going with ELMS is absolutely the right direction.

The noble Baroness, Lady Bakewell of Hardington Mandeville, who up until today has been a great supporter of the farmers, said that the high cost of fertiliser is causing farmers a lot of problems. She is right in one way, but quite wrong in another. It is entirely due to the high cost of fertiliser that more and more farmers are putting in leys and cover crops, and hill farmers are looking, probably for the first time, at soil quality—the most important thing for farmers and for us. So the situation is not all bad.

I share some of the concerns that have been raised. One reason that there has not been greater take-up—although, as my noble friend rightly said, the Countryside Stewardship scheme has just about doubled in the past three years—is that it is quite natural for farmers to think there is a better scheme coming in the next couple of months. That is causing a lot of farmers to sit back and wait to the last possible moment. I hope that my noble friend the Minister will make as clear as possible to farmers what the situation is. If farmers know what the schemes are and what the payments are going to be, they will make a decision. They have to be moved from the position where they think that a better scheme will come in a few weeks’ time.

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[Baroness Bennett of Manor Castle (GP)]

My Lords, I find myself in the entirely familiar position of agreeing with everything said by the noble Baroness, Lady Boycott, particularly her reflections on the stranglehold that supermarkets have over farmers’ lives in this country. However, I find myself in the unusual position of disagreeing with both the Liberal Democrats’ fatal amendment and the regret amendment from the Labour Benches. At base, that is because, if we were not to take the steps that this SI delivers, the shift away would see £770 million—as calculated by the RSPB—taken away from helping farmers to take action on climate change, reduce water pollution, plant trees and restore nature.

It is worth noting that, under the Environmental Improvement Plan, 90% of the funding for tree planting —to meet the target of 16.5% of England being covered by trees by 2050—depends on ELMS funding. Some 80% of progress on nitrogen, phosphorus and sediment pollution from agriculture depends on ELMS funding. Of course, that is not to say that there are not huge problems with where we are, as the right reverend Prelate, the noble Duke, the Duke of Wellington, and others pointed out. The Carbon Brief website has a useful interactive table that lists the 270 activities that farmers can undertake to earn payments, particularly from SFI and CS schemes; 39 of those 270 are still at the planning stage, yet the base payments are being cut away.

The Minister will be surprised to hear that I will pass a small bouquet in his direction: the Soil Association has just acknowledged that payments for organic farming are rising by an average of 25% via the Countryside Stewardship scheme, which is a recognition of the benefits of organic production. But, picking up the points about small farms, it is worth noting—perhaps the Minister can write to me about this—that in Wales they are looking to reduce the size of farms eligible for farm payments to three hectares, or, alternatively, to farming businesses that rely on 550 hours of labour per year. Will the Government look at helping those smaller producers, particularly in horticulture, and perhaps small-scale livestock producers, to do that?

But—I suspect the Minister knew there was a “but” coming—my reason for regretting the Labour regret amendment is, as the Minister identified, the fact that farmers and land managers in the UK now need certainty about the future for long-term plans. If you are going to plant trees or herbal leys, you need to know what is happening not just this year or next year but in the long term. Given where we are in the electoral cycle, the Labour regret amendment will deliver to farmers a degree of uncertainty about where they might be in two or three years, in terms of the schemes that the current Conservative Government introduced—

[Baroness Hayman of Ullock (Lab)]

I honestly do not think that my regret amendment does that at all. We are trying to point out that the transition has not been straightforward and is not working properly for either the environment or farmers, and that the Government need to urgently re-evaluate their approach to the ongoing transition in order to get this to work for everybody.

[Baroness Bennett of Manor Castle (GP)]

I thank the noble Baroness for the reassurance. I hope that farmers around the country will hear and feel that there is a degree of certainty, because that is what they need, as I said.

I will now get to the part where I criticise the Government. With these kinds of policies, we need a method of policy-making by consensus. In other countries, particularly those with proportional representation electoral systems, there is decision-making that is arrived at by consensus. It would have been better if this had been constructed in a more stable and secure way, in consultation with all parts of our political system, to deliver the certainty that farmers need. As has been said from all sides of your Lordships’ House, that is not the position that farmers are in today.

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Tabled by

[Baroness Hayman of Ullock]

At end insert “but that this House regrets that the Direct Payments to Farmers (Reductions) (England) Regulations 2023 introduce significant reductions to the basic payments provided to many farmers at a time when input costs are high, supplies of certain produce are scarce, and His Majesty’s Government have not fully implemented the Environmental Land Management schemes which will replace the Basic Payment Scheme; notes that the latest release of the Farmer Opinion Tracker for England highlighted falling confidence among farmers in His Majesty’s Government’s agricultural policy; further notes that this is the last year that His Majesty’s Government intends to lay these regulations, with payments for 2024 and beyond to be delinked payments administered through alternative means; and calls on His Majesty’s Government to re-evaluate urgently their approach to the ongoing agricultural transition, in order to better support and increase the confidence of domestic producers”.

Amendment not moved.

Food Price Inflation

Baroness Hayman of Ullock Excerpts

Thursday 23rd March 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I am grateful to the Minister for reading out the response from Farming Minister Mark Spencer, even if it does not fully reflect the struggles being faced by households across the country. Earlier this afternoon, the Bank of England raised interest rates for an 11th consecutive time, which of course will increase mortgage, credit and other costs at a time when many people are already scaling back on their food shops.

We understand that the Secretary of State cannot always be available to take a UQ, but her absence this morning was concerning. She is the department’s representative at the Cabinet table, and I think many people across the country would expect her to take an active interest in issues around food costs and security. Can the Minister therefore outline her involvement in this issue? What meetings has she had recently with producers and retailers, or have those meetings also been delegated to others?

[Lord Benyon (Con)]

I can assure the noble Baroness that the Secretary of State is deeply involved in this issue. The Food Minister, Mark Spencer, took this Urgent Question, which is right, as he is the Minister responsible for food supply, food security and other related issues. The noble Baroness is absolutely right that this matter affects a number of different departments right across government, and the Prime Minister and the Chancellor of the Exchequer have also been deeply involved in this. I do not know precisely what meetings the Secretary of State has had on this issue, but I will be happy to write to the noble Baroness with details of discussions she has had. I can certainly say from my own experience that the Secretary of State is very involved in this issue.

Imported Beef

Baroness Hayman of Ullock Excerpts

Wednesday 22nd March 2023 Lords Chamber

[Lord Benyon (Con)]

I can assure the noble Baroness that we do not. The Climate Change Committee has gone through each department. I am responsible in Defra for making sure that we satisfy the Climate Change Committee’s demands, which are extremely challenging and testing. We have a commitment to get to net zero by 2050. British farming, under the leadership of the NFU, has committed to getting to net zero by 2040, and I can tell her that, as a farmer, that is an extremely challenging thing to do, but we as a Government and the leadership of farming are working together to help farmers try to achieve that. It is a vital priority that we decarbonise, and we understand that there is prosperity in doing so.

[Baroness Hayman of Ullock (Lab)]

My Lords, I declare an interest as president of the Rare Breeds Survival Trust. Earlier this month, it was reported that a British supermarket had removed from sale pre-sliced beef marked as British when in fact it came from overseas. Concerns have also been raised about imported meat being labelled as British because it was processed, rather than farmed, in this country, and packaging for New Zealand lamb is giving undue prominence to the union jack element of its country’s flag. What steps are Defra taking to review import procedures and food labelling requirements to ensure that consumers are not misled and that our brilliant domestic producers are not put at a disadvantage?

[Lord Benyon (Con)]

I agree entirely with the noble Baroness. This is a really important issue. When we as consumers go into a supermarket, to an extent, we park our environmental and social conscience with that brand because we trust it and want it to be doing the right thing. So if it says that a meat product is UK-produced and it has a union jack on it, we expect it to be so; we expect it to have been produced with high welfare standards and the highest environmental standards possible. If that is not the case, we as a department, as a Government and in this House should raise this seriously, both as consumers and as the Government. We meet retailers on a very regular basis and raise these issues often; I would be happy to give the noble Baroness more detail outside.

Retained EU Law (Revocation and Reform) Bill

Baroness Hayman of Ullock Excerpts

Committee stage
Wednesday 8th March 2023 Lords Chamber

If we do not do that, there are very real risks not only that we will not meet the Government’s welcome targets but that the promises made to the general public will be completely hollow, because of what the Bill will allow to happen. I will cite just one example. If the bathing water directive were changed in any way, what people rely on to swim safely on our beaches could be fundamentally undermined. The Government have said they do not want to do that, but the way to say that you do not want to do it is to put it in the Bill, rather than using just ministerial words—much as we admire the Minister who will be speaking from the Dispatch Box. That is the only way to guarantee the protections that people in this country want and the Government say they have set targets to deliver.

[Baroness Hayman of Ullock (Lab)]

My Lords, my Amendment 130 in this group would ensure that the powers to amend the important pieces of retained EU environment law do not reduce the level of environmental protection that is provided for in them. As we heard in the previous debate, there is a huge risk to the laws on the environment and animal welfare protections. I brought a list of wildlife protections that are at risk—there are so many, and that is just on wildlife—to give noble Lords an idea of the number of regulations and the complexity of what we are talking about.

My amendment would also specify that, when exercising these powers, authorities

“must have regard to … the conservation and enhancement of biodiversity … improving water quality … protecting people and the environment from hazardous chemicals”.

I thank the noble Lord, Lord Krebs—who is not in his place today—and the noble Baronesses, Lady Bakewell and Lady Bennett of Manor Castle, for their support for this amendment.

On Report of the Bill in the Commons, Minister Ghani said:

“The Department for Environment, Food and Rural Affairs has committed to maintain or enhance standards”.—[Official Report, Commons, 18/1/23; col. 395.]


But we should compare that with Clause 15, which, as the noble Baroness, Lady Parminter, said, we have to touch on when looking at these amendments. Clause 15 has been described by some as a “do whatever you like” provision, because it gives Ministers extremely wide powers to revoke or replace retained EU law and to lay the replacement legislation either with

“such provision as the relevant national authority considers to be appropriate … to achieve the same or similar objectives”

or with

“such alternative provision as the relevant national authority considers appropriate”.

Unfortunately, the reason why we are so concerned is that this is so subjective. The judgment is on what is appropriate, which is accompanied by a very limited link to the objectives in the original legislation, leaving an open door for sensible, long-standing protections to be replaced by regulations with entirely different divergent aims and outcomes. Without the amendment that I have laid, and the amendment proposed by the noble Baroness, Lady Parminter, the power allows for replacement legislation to change both the content and objectives of the law. That is without any kind of scrutiny or consultation; it is further deregulation without oversight.

As I mentioned during last week’s debate on the environment in this Bill, the running total of laws affected by REUL in Defra is suggested to be 1,781—by far the largest share of any Whitehall department. That highlights the hugely significant implications of the Bill for environmental law-making. The Defra body of REUL also contains many regulations that are of significant public interest, aiming to protect every single element of our natural environment and, as was mentioned last week, many aspects of human health—we must not forget that.

We have also heard about how the laws being debated in the REUL discussions are bound together in a complex way, with significant case law attached to them. That is why there is such a profound risk when you try to disentangle it in the manner proposed by the Bill, but also because of the speed at which it is being proposed, and the lack of scrutiny, consultation and oversight. That has been discussed at length in both Houses, and I would hope that Ministers have taken note.

The problem is that Clause 15 substantially exacerbates these concerns because of its unfettered nature and because of the burdens test in Clause 15(5), which the noble Baroness, Lady Parminter, talked about. She referred particularly to issues around revenue and taxation. As I say, we support everything that she said on that matter. She also referenced the letter to all Peers from the noble Baroness, Lady Bloomfield, on the burdens test. I think that noble Lords felt that it raised more questions than it answered; there was no explanation of how a department such as Defra, which has so many laws covering a large number of subject areas, is going to apply the in-the-round consideration that was in the letter. Perhaps the Minister could explain how that is going to be managed.

I shall give some examples. If Defra Ministers wanted to make changes to one nature regulation that increased one of the regulatory burdens specified in the non-exhaustive list, would that mean that they would have to bring forward changes to another nature regulation that decreased burdens to balance the books? What is meant by “category” and how is that implied when looking at the different regulations that come under Defra? Does the removal of redundant or superfluous laws, as the Minister talked about in the last debate on the environment, count as a removal of burdens, even if they were not active components on our statute book? Parliament is being asked to agree to Clause 15 without a satisfactory explanation of how it is going to be practically applied. Furthermore, with regard to the stipulation in Clause 15(5), there is no confidence that the power will not lead to a de facto lowering of standards, which is the opposite of what Ministers repeatedly say they want to achieve.

My Amendment 130 focuses on regulations that have been earmarked as priorities for review and on which the Government already have amending powers. For example, during the evidence session with the House of Lords Environment and Climate Change Committee, the Defra Secretary of State referred to the goal of the Environment Agency to change quite a lot of the water framework directive. What does she mean by that? Perhaps the Minister could expand.

We support a sensible, consultative approach to strengthening regulations that underpin the water frame- work and other directives. However, tackling the dire state of our water bodies will not be possible without substantial investment. That would trigger both the financial cost and profitability limbs of Clause 15(5). Can the Minister explain how Clause 15 can then be a route through which the Government are able to deliver the improved environmental outcomes that they keep promising? To me, it is the opposite; it is a blockage.

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That is what Defra Ministers are allowed to do under the terms of this Bill. It is entirely consistent with what my noble friends have been saying on other sections of this legislation.

[Baroness Hayman of Ullock (Lab)]

Defra’s approach is not the same as saying “retain by default”: is that what the Minister said “retain by default” meant when he talked about it last week? I really think we need to be clear.

[Lord Benyon (Con)]

Our position, as announced by the Secretary of State at the launch of the environmental improvement plan, is that we will retain by default provisions for environmental protection. Where we think there is any element of doubt, we will retain. If it needs to go, it can.

I can give the noble Baroness some examples of areas of law that we will remove. We will remove around half of fisheries rules, as they are no longer relevant. They have either expired or relate to areas that we do not fish—for example, access to the Skagerrak, off Norway, for vessels with the flags of Denmark, Norway and Sweden. We do not need that on our statute book. We will remove the Landfill (Maximum Landfill Amount) Regulations 2011 because they set targets up to 2020, which has happened, for the landfilling of biodegradable waste. They have been achieved.

To remove unnecessary burdens, for example, we will remove some of the CITES-implementing legislation, which lays down specific rules for the design of applications and permits on the protection of wild flora and fauna, including prescriptive rules on the weight of paper that must be used for such documents. Removing these regulations will eliminate unnecessary restrictions and allow the UK to pursue a digital regime. When they were written, there was no digital regime; we can now do that. Commission regulation 644/2005 of 25 April 2005 allows for the removal and non-application of ear tags for bovines kept for cultural and historical purposes—in this context, bullfighting. It is a derogation that we have not used in the UK and will not be using, so we no longer need to have it.

[Baroness Hayman of Ullock (Lab)]

Apologies for intervening again, but is the Minister saying that the Bill retains by default, or just that Defra’s approach is to retain by default? Those are two very different things. The letter we recently had from the noble Baroness, Lady Neville-Rolfe, talked about how

“the internal methodology for identifying such retained EU law was for each department to decide, given their expertise and institutional knowledge”.

It would be useful to understand how that will work within Defra.

[Lord Benyon (Con)]

Yes, that is Defra’s approach; that is what we are doing in respect of this legislation. Doing that allows us to keep protections in place, provide certainty to businesses and stakeholders, and make reforms tailored to our needs while removing irrelevant and redundant pieces of legislation, such as the ones I recently mentioned.

The noble Baroness, Lady Parminter, and other noble Lords asked about the justification for Clause 15(5). The UK’s high standards were never dependent on our membership of the EU. We can deliver on the promise of Brexit without abandoning our high standards. The powers to revoke or replace will provide the Government with the opportunity to amend retained EU law and will limit those reforms that do not add to the overall regulatory burden. This is about ensuring that we have a regulatory environment that is the right fit for the UK and not for an environment, as I said last week, that goes from the Arctic to the Mediterranean, and which can fit our overall regulatory regime. Our intention is to revoke any retained law that is not fit for purpose and replace it with laws that are more tailored to the UK and reflect our new regulatory freedoms.

The noble Baroness mentioned taxation. This Bill does not affect the raising and collection of taxes; that is a matter for the Finance Act.

On no regression, the Levelling-up and Regeneration Bill is clear that the Government cannot use the powers in that Bill to reduce the overall level of environmental protection, and includes a clause setting out this commitment to non-regression. As stated on the face of the Levelling-up and Regeneration Bill, the Secretary of State may make regulations only if satisfied that they

“will not have the effect of reducing the level of environmental protection provided for by any existing environmental law”.

So any changes to environmental regulation will need to support these goals, as well as our international commitments, including those with the EU.

The noble Baroness, Lady Young, referred to the Bill as somehow weakening our resolve or our ability to deliver on our international commitments. I can be absolutely clear on this: there has never been a more determined effort to deliver for international biodiversity and the international climate, as well as domestically.

Water Companies: Water Pollution

Baroness Hayman of Ullock Excerpts

Wednesday 1st March 2023 Lords Chamber

[Lord Benyon (Con)]

We rightly beat ourselves up about this but it is worth stating that our bathing waters are in their best state ever. Last year, 93% of them were classified as “good” or “excellent”. The number of serious sewage incidents has fallen from 500 a year in the 1990s to 62 in 2021, although that number is still 62 too many. What is called wild swimming—what my mother used to call swimming—is becoming a great national sport and activity. We want to connect more people with nature; that is a wonderful way of doing it. Making sure that our rivers are clean is vital.

[Baroness Hayman of Ullock (Lab)]

My Lords, I feel like a stuck record on this issue; goodness only knows what the Minister feels like. He keeps assuring us that the Government are doing a lot of work here so why does he think that, week after week, month after month, he has to come to the Dispatch Box to answer the same question?

Official Controls (Northern Ireland) Regulations 2023

Baroness Hayman of Ullock Excerpts

Wednesday 1st March 2023 Lords Chamber

Therefore, we will take our time, because there is a difference between us and many other Members of this House. My day is nearly done. I have passed the threescore years and 10, and I thank God that I have lived them as a part of the United Kingdom. That is being threatened. But I want to pass on to my children and grandchildren the privilege and honour that have been given to me as a free citizen, with all of the rest of the United Kingdom.

[Baroness Hayman of Ullock (Lab)]

My Lords, I am grateful to the noble Lord, Lord Dodds, for facilitating this debate. Even though we do not support fatal Motions, it is important that this debate has taken place, as he said.

I will be brief; it is very late, and I do not think that there is any need to go back and repeat the concerns and arguments which have been very clearly laid out by noble Lords this evening. As the noble Lord, Lord Dodds, said, it is important to have a debate on this instrument, which was introduced, according to the Explanatory Notes, to implement either a negotiated outcome with the EU or the system envisaged under the Northern Ireland Protocol Bill. As we have heard this evening, that outcome has now been negotiated in the form of the Windsor Framework, which we have welcomed.

We believe that the agreement of a green lane, which is designed to ease the movement of goods between GB and Northern Ireland and to support the functioning of a UK internal market, will be the subject of much discussion and debate as we go forward with the framework—it has received a lot of debate and discussion tonight. There has been a lot of talk about the paperwork and checks that will come in. I read the submissions to the Secondary Legislation Scrutiny Committee, and road hauliers were mentioned by noble Lords in the debate, so I know it is important that any checks or paperwork are not onerous, and that trade can continue as smoothly as possible under the circumstances.

We also understand that the noble Lord, Lord Dodds, and his party need the time and space to fully analyse the agreement and the accompanying legal text—that is only right. We are glad that the Government have committed to providing any supplementary evidence that they may request.

The Government have also said that, if the Executive are restored, Ministers will negotiate whether and how this power can be handed back to the Northern Ireland department. Can the Minister give any more information about what assurances or commitments Defra would seek in those negotiations? We know that Northern Ireland businesses want the protocol to work and for disruption to be minimised, so there must be sufficient capacity for checks to be carried out so that they do not become too onerous.

We do not oppose the measure, but the fact that the Government have deemed it necessary is regrettable. I believe that compromise and respect would create a better situation. This is a very complex issue, and I say again that I am grateful to the noble Lord, Lord Dodds, for bringing us the time to debate it. I will listen to the Minister’s response with great interest.

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

My Lords, I begin by sending the whole House’s best wishes to DCI John Caldwell and his family, following the despicable attack that took place last week. As the Prime Minister set out on Monday, there is no place for such attacks in Northern Ireland or anywhere in the United Kingdom.

I thank noble Lords for their contribution to the debate, and, in particular, the noble Lord, Lord Dodds, for introducing it; I have huge respect for him and his colleagues. I will start and finish my response to the debate on the basis of years spent in Northern Ireland in my early 20s, where I saw some of the terrible things that the noble Lord, Lord Morrow, spoke about—and I have heard others speak in similar ways. I understand, perhaps more than many, the levels of compromise which have been required of him and his colleagues to get to where we are today, and the levels of leadership in the communities they represent, which the rest of us in these islands will never be called on to show. They have demonstrated quite remarkable levels of compromise and leadership, and I fully respect them for doing that.

The instrument which the Motion seeks to annul, the Official Controls (Northern Ireland) Regulations 2023, was laid on 12 January this year. In direct response to the noble Baroness, Lady Hayman, and the noble Lord, Lord Dodds, I assure the House that, if the Assembly is restored, the implementation of these measures will become the responsibility of the Executive and be delivered through the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. Their purpose is to grant the Secretary of State concurrent powers: first, to allow Defra to construct facilities for the purposes of performing official controls, with the primary purpose of controlling goods travelling via Northern Ireland into the European Union; and secondly, to enable Defra to direct the competent authority, DAERA—the Department of Agriculture, Environment and Rural Affairs—to hire suitably qualified staff to perform these controls.

The Windsor Framework announced by the Government this week establishes a new way forward for Northern Ireland, making substantial changes to the protocol. It addresses the full range of issues it caused, safeguarding both economic and democratic principles in Northern Ireland. It was always this Government’s preference to secure a negotiated outcome, and this agreement, we hope, delivers for all communities in Northern Ireland. I entirely respect the points made by the noble Lord, and his and his party’s wish to really study this: we must be patient with them.

Benefits from the agreement are significant and wide-ranging and I shall provide noble Lords, briefly, with a couple of examples. We have scrapped all unnecessary red tape for internal UK trade into Northern Ireland. We have also permanently guaranteed unfettered access for Northern Ireland goods to the whole UK market, maintaining the integrity and smooth functioning of the UK internal market. The only controls that remain are for a very limited subset of goods, such as endangered species. We have secured an expansion of the green lane for UK food retailers. Supermarkets, wholesalers, hospitality and catering companies, and those providing food to public services, such as schools and hospitals, will be able to use the green lane. We have removed the requirement for costly health certificates for individual food products; and the requirement for up to 100% physical checks is replaced with a purely risk-based and intelligence-led arrangement.

We have also successfully negotiated significant changes on plants. Previously banned seed potatoes and other commercially important plants described by the EU as “high risk”, such as British oak trees, will now be able to move between GB and NI. Overall, the Windsor Framework delivers for businesses, consumers and all people and communities in Northern Ireland and Great Britain.

I now turn from the benefits of the Windsor Framework to this specific SI. As we have explained previously, this legislation was required in all scenarios. I pick up the point made by my noble friend Lord Moylan: SPS checks into Northern Ireland have happened for decades. The whole island of Ireland has been an epidemiological area for these purposes for several decades. The SPS inspection facilities that we are talking about in this SI will ensure that goods destined for the European Union travelling via Northern Ireland are subject to EU checks and controls. These will mainly be goods travelling directly to the Republic of Ireland from Northern Ireland ports. They are necessary checks, as the former DUP Minister for Agriculture, Edwin Poots, acknowledged. They will ensure that checks on live animals are performed safely and with due regard to animal and staff welfare, something that is not possible at the moment with the temporary arrangements that have been put in place. This is a long-standing commitment to protect against disease, given that the island of Ireland is a single epidemiological unit, pre-dating Brexit. They ensure that Irish trucks are not using Northern Ireland ports as a backdoor into the EU without red-lane checks. So, as we said in the Bill and have always maintained, we will need to have the appropriate facilities to carry out red-lane checks.

Lindisfarne Highly Protected Marine Conservation Area

Baroness Hayman of Ullock Excerpts

Tuesday 28th February 2023 Lords Chamber

[Lord Benyon (Con)]

It is a generalisation, but by and large local inshore fishing is much the most sustainable and we want to see it encouraged. It delivers most for our coastal communities, and the sense of place, the sense of community it brings to those areas benefits not just them but the vast numbers of people, including myself, who regularly go on holiday to places like Bamburgh and know that part of the world. It really is important that we listen to those voices, that we help them to ensure that their fisheries continue to be sustainable, and that we increase the biomass in the seas so that not only they but future generations can fish them productively.

[Baroness Hayman of Ullock (Lab)]

My Lords, the first three highly protected marine areas have been designated, as the Minister said. One is in Allonby Bay, near me, in Cumbria. While I absolutely support marine conservation and the importance of these sites, Maryport Town Council has been in touch because it is concerned about the impacts on an area that has been struggling. I am aware that the Secretary of State said that the decision takes account of the needs of Maryport harbour, so what assurances can the Minister give to local fishers at Maryport marina that they will have government support to counteract any negative social or economic impacts of the decision?

[Lord Benyon (Con)]

We amended the boundary of this site to reflect precisely the points raised by the noble Baroness and will continue to work with local people, particularly fishers, to do this. In the course of my review, we looked at highly protected marine areas around the world, and where they work best, their greatest supporters are the fishermen, because they see flowing out of them increased quantities of fish. These are areas where fish spawn and shoal at different times of year. The benefit of that to fishermen outside those areas, if we get this right, will be enormous. That is what we want for fishermen in that area.

Scotland: Bottle Deposit Return Scheme

Baroness Hayman of Ullock Excerpts

Monday 27th February 2023 Lords Chamber

[Lord Benyon (Con)]

I can only applaud my noble friend for his virtuous activities at weekends, but, sadly, I have to report that I do not think he would be able to do that. For the Scottish scheme to work, an English drinks manufacturing company, say, would be required to produce a labelled item in a particular way so that it could not be deposited there. The current system is Kafkaesque and it has to be more sensible.

[Baroness Hayman of Ullock (Lab)]

My Lords, in answer to my Written Question on this issue at the beginning of January, the Minister replied:

“Waste is a devolved policy area, and we are working closely with the devolved administrations and industry to support the successful delivery of the scheme across the UK, including mitigating the impacts that arise from differences in scheme implementation.”


Can he tell us what progress has been made since then, beyond the publication of the consultation response? While, clearly, we should not impose a system on Scotland, this opens a window of opportunity for the constituent parts of the UK to agree a joint approach, as other noble Lords have said. Are the Government willing to have the discussions needed to achieve this?

[Lord Benyon (Con)]

Yes, and we are having those discussions. We are also looking at other countries that run successful deposit return schemes to try to learn from their successes, just as we are learning from the failures of the Scottish system, and we want to ensure alignment across the United Kingdom. I am absolutely on the same page as the noble Baroness.