Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022

Baroness Hayman of Ullock Excerpts

Monday 5th December 2022 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introductory remarks to these two statutory instruments. I fear that I may fail his questions on the geographical applications of the SI. As with many statutory instruments that we have debated recently, the first—on animals, animal health, feed and food, plants and plant health—corrects errors in previous SIs.

The Explanatory Memorandum says in paragraph 7.2 that SI 2016/2031 will be reintroduced. Having been removed, it was considered redundant, but the removal appears to have left no mechanism available to enforce the regulation. The SI refers to three months’ imprisonment in all three devolved Administrations for non-compliance with the regulation. If there is no enforcement mechanism, can the Minister say how the prison sentences are to be applied and carried out? No doubt I have misunderstood this section of the SI.

Paragraph 7.4, as regards the OCR, refers to a designated competent authority but also states

“where no competent authority has been designated, the appropriate authority will be assumed to be the competent authority.”

Can the Minister say what qualification is needed to be classed as a competent authority, what is needed to be an appropriate authority, and who or what this is likely to be?

Paragraph 7.8 of the EM refers to Article 139, non-compliance and penalties for non-compliance, but states

“there are no powers to create any penalties to fulfil this requirement.”

In that case, is there any relevance to this SI?

Paragraph 7.13 refers to transporters, organisers and keepers of animals keeping a journey log, as set out in “Annex II”. I could not find any such annexe either in this SI or the Explanatory Memorandum. Can the Minister point me in the right direction for this?

I turn now to trade in animals and related products. This appears to be a much simpler SI. I note in paragraph 6.2 of the EM that the Welsh Government are producing an equivalent version. Can the Minister say whether this will be compatible with the one that we are debating this afternoon, or whether it will be radically different? Some difficulties could arise if it were different.

The instrument as a whole refers to animals and animal products. Might those products include ivory? What inspections and checks are taking place to ensure that ivory products do not slip through the net and enter the country illegally? Paragraph 7.2 covers the import of live animals and products of animal origin from the EU. Although this appears to relate only to imports, the wording allows the European Commission to make changes to legislation for intra-European movements of live animals. Is it possible that this could be used to export live animals to the EU? Could this also be used to circumnavigate the UK’s ban on the export of live animals? I should be grateful for the Minister’s comments.

Finally, the last sentence of paragraph 7.5 states:

“Movements from Northern Ireland or the Crown Dependencies are considered internal movements and are not affected by the modifications.”


Given the close proximity to the coast of France of the Crown dependencies of Jersey and Guernsey, is it possible for live animals to be exported via this route? I look forward to the Minister’s reassurance on that point.

Despite my comments, I am content for these two SIs to pass and await the Minister’s comments.

[Baroness Hayman of Ullock (Lab)]

My Lords, we also support these SIs but, like other noble Lords, I have a few questions and points to make about them.

I am concerned by the number of SIs where we have seen errors—and I have raised this on a number of occasions—when bringing former European legislation into UK law. We know that five particular SIs are referenced in paragraph 3.1 of the Explanatory Memorandum for the Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations, all originating from 2019 or 2020. It is concerning that we are still seeing this number of corrections happening. I have asked the Minister before to reassure us that it is not going to keep happening but, unfortunately, it seems to keep reappearing. We ask again for reassurance that this is being sorted out and we are not going to keep having statutory instruments to correct previous instruments that we have already passed.

The noble Baroness, Lady Bakewell, mentioned the issues with paragraph 7.2, outlining the penalty regime. As she pointed out, the penalty regime was considered redundant in 2020, which now means that there is no mechanism fully to enforce the plant health regulation as the existing penalty regime cannot be amended or added to. Can the Minister let us know what the practical impact of this has been, and what is the current situation going forward?

We also know that other areas have been corrected, including the accidental deletion of a requirement on the Secretary of State to charge fees in connection with certain functions carried out under the official controls regulation. It worries me how much the Government are trying to achieve in such a short space of time, and this is one of the reasons we are seeing so many errors. Again, I would be grateful if the Minister can confirm to the Committee that he is keeping a very close eye on the department in these areas, so we have as few errors as possible. We completely support the fact that we need to avail ourselves of opportunities to regulate ourselves differently, now that we are out of the EU, but we worry about the lack of legal clarity in the short to medium term while these errors keep taking place.

More positively for this SI, we are pleased to see that paragraph 7.1 of the Explanatory Memorandum notes that the devolved Administrations were consulted on the changes and consented to them. We welcome that collaborative approach being taken to relations with the devolved Administrations.

Very briefly on the second SI, the Trade in Animals and Related Products (Amendment and Legislative Functions) Regulations 2022, I reiterate what was said by the noble Baroness, Lady Bakewell of Hardington Mandeville, about the Welsh Government’s equivalent instrument. It would be helpful to have an update on what that says and how it works with what we are doing in Westminster.

The Joint Committee on Statutory Instruments reported on Regulation 9(5) regarding defective drafting around the definition of “enactment”. The question was whether this regulation can be used to amend Acts of Parliament. Again, clarification is needed but, also, what is the purpose of this power? Could the Minister give an example of how this would be used in practice?

Finally, I draw attention to some other questions noble Lords asked, particularly on live animal exports, which both noble Baronesses mentioned. It is important that we have clarification on the implications for import/export with the EU, compared to our legislation on this issue. The noble Baroness, Lady McIntosh of Pickering, also asked an important question about whether this will be retained law as we bring forward other legislation. The questions on food inspections were also important.

This worries me particularly because of the number of errors. It is important, when we put through these SIs, that we have real clarification on some of these issues. I look forward to the Minister’s response.

[Lord Benyon (Con)]

I am grateful to noble Lords for their interest in these instruments and their contributions. As ever, I will try to respond to all the points raised.

My noble friend Lady McIntosh raised some important points. The Retained EU Law (Revocation and Reform) Bill is part of the Government’s commitment to taking the necessary steps to put the UK statute book on a sustainable footing, following the exit from the EU. While the department assesses its retained EU law and plans for the REUL Bill accordingly, these statutory instruments ensure that the current legislation is operable. This is the last opportunity to make these technical fixes before the powers from the European Union (Withdrawal) Act to make these modifications expire at the end of this year.

My noble friend and the noble Baroness, Lady Bakewell, raised important points about designated competent authorities. The official controls regulation provides that the competent authority will be the appropriate authority—the relevant Minister in Great Britain—or any other authority to which such functions are conferred. The designations of competent authorities are set out across various pieces of secondary legislation or dealt with administratively, and vary across the different areas within the official controls regime. Amendments to Articles 3 and 4 of the official controls regulation do not alter any existing designations, but make the process for designating a competent authority clearer and ensure that the appropriate Ministers do not need to designate themselves as competent authorities.

My noble friend raised some very important points about live trade, which I will come to. The Food Standards Agency is an increasingly important body since we left the EU. She is right that it is now directly responsible for food safety and for working with local authorities to make sure that they have the necessary skills, understand the changing legal environment and are able to carry out their functions effectively to keep us all safe.

My noble friend is right to talk about meat imports. We have recently changed the rules to allow a much smaller amount of permissible material to be moved in an attempt to tackle the threat of African swine fever—a serious risk rampaging across Europe, which we are working really hard to prevent ever coming to these shores. We have exercised thoroughly with Defra and its agencies to work out how we would deal with an outbreak, but it is one we want to prevent happening in the first place.

Sustainable Farming Incentive Grants

Baroness Hayman of Ullock Excerpts

Monday 5th December 2022 Lords Chamber

[Lord Benyon (Con)]

First, what we are trying to do is bad news for land agents, because we have created a system that is simple; it takes somewhere between 20 and 40 minutes to enter the schemes currently in the process. We are turning those around within two weeks, in some cases, and within two months at most. I give credit to what the RPA has done in trying to get this right.

The noble Lord is absolutely right that there are conditions. This is public money. However, every farmer I know is doing soil tests and working with agronomists. The idea is that the cross-compliance and rules that govern this system should be straightforward and should not be a huge amount more work than farmers would be doing anyway—and in return, they will get public money.

[Baroness Hayman of Ullock (Lab)]

My Lords, many farmers are reporting that the sustainable farming initiative payments fail to cover the costs of the actions that the scheme requires farmers to take. Does the Minister recognise this assessment? Does he agree that this is one reason why uptake has been so poor?

[Lord Benyon (Con)]

This year we have rolled out our arable and horticultural soil standard, our improved grassland and moorland standards and the annual health and welfare review for animals. Next year we will roll out nutrient management, integrated pest management, hedgerows and advanced levels for the two soils standards, so farmers will start to see what they are doing. They will also receive £265 to cover the cost of the time it takes to fill in the forms. We want to make sure this is as easy as possible. As farmers see the benefits that will accrue to their businesses from the standards that will be applied, I think they will readily accept that this bedrock scheme is of great interest.

I should add that 36,000 farmers—nearly half the farmers in England—are already in agri-environment in the Countryside Stewardship scheme, which will morph into our mid-tier system, which is local nature recovery. So I hope that over the next few months noble Lords will see a really thoughtful, environmentally based system that is attractive to farmers and shows them they can get an income in return for good environmental actions that will support their businesses and give them a future in this business.

Clean Air (Human Rights) Bill [HL]

Baroness Hayman of Ullock Excerpts

Friday 2nd December 2022 Lords Chamber

[Lord Blunkett (Lab)]

My Lords, I congratulate the noble Baroness and all those who have campaigned to achieve this. My own city of Sheffield was the first to take up the 1956 Act. I hope we can make real progress once again on this critical issue.

[Baroness Hayman of Ullock (Lab)]

My Lords, I too congratulate the noble Baroness, Lady Jones, on bringing the Bill forward and on her tenacity in keeping going with it and tabling some helpful amendments.

I welcome Rosamund once again. It is good to see her, and this should be progress in her name as well as her daughter’s.

I say to the Minister that I was pleased to hear, in our discussion of statutory instruments the other day, that the targets for air quality and air pollution will be seen at some point in the near future. I look forward to seeing them. I hope they will be ambitious because, as the noble Baroness said, the Conservative Party has brought in air-quality legislation before so it should not be coy about supporting this and doing everything it can to improve the pollution problems.

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

My Lords, I express my thanks to all those who have contributed to the passage of the Bill, both today and since First Reading in the House back in May. I must express my gratitude in particular to the noble Baroness, Lady Jones of Moulsecoomb, who has been so dedicated in raising awareness of this vital issue and driving her Bill forward.

I know that noble Lords across the House understand that action on air pollution is an absolute necessity to ensure the health of our people and our environment. Nothing has made that clearer than the tragic death of Ella Adoo-Kissi-Debrah, and I pay tribute again to her mother, Rosamund, and her family and friends, who have campaigned so tirelessly in support of improving the air that we all breathe.

I know that noble Lords have also been horrified by the death of Awwab Ishak, caused by prolonged exposure to mould. My deepest sympathies, and I am sure the sympathies of the whole House, go to his family and friends. This reminds us of the importance of safeguarding indoor air quality in our homes. My right honourable friend the Secretary of State for Housing, Michael Gove, has taken immediate action on the quality of social housing.

I will not repeat the detailed arguments made at Second Reading or by my noble friend Lord Harlech in Committee. The Government absolutely recognise the need for action on air quality, and we are able to take that action, supported by our robust and comprehensive existing legal framework, now improved by the Environment Act 2021. That is why we have reservations with regard to how the noble Baroness’s Bill would be delivered.

In protecting people from the effects of harmful pollutants, we must take action not only to drive down emissions but to drive up public awareness. The noble Baroness’s Bill and her hard work in campaigning in support of it have undoubtedly furthered that aim. I thank her again because, as we meet the challenges of improving air quality across all sectors of the economy, we need to bring society with us. We must give people, particularly the most vulnerable, the information that they need to reduce the impact of air pollutants on their health.

To respond to the point rightly made by the noble Baroness, Lady Hayman, when I say to her that those targets will be published soon, I understand that it is one of the frustrations in this House when a Minister cannot be specific, but it will very soon. I hope that when they are published, the whole House will understand how serious the Government are about improving the quality of the air we all breathe, inside and outside the home. Let me close by reassuring the House that protecting people and our environment from the effects of air pollution is an absolute priority for this Government.

Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2022

Baroness Hayman of Ullock Excerpts

Thursday 24th November 2022 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the Minister has clearly set out why we are debating this statutory instrument. In 2020, under the auspices of Defra, a very large number of SIs were brought forward and debated—mostly in Grand Committee. Since then, many of them have been amended, mostly for very minor errors. Given the number of SIs, it is not surprising that errors occurred. However, those relating to persistent organic pollutants, or POPs as they are referred to, are more serious, as they could have meant that the UK was not compliant with the Stockholm convention, which aims to prohibit, eliminate or restrict the production and use of POPs.

The original SI was repealed, and Regulation (EU) 2019/1021 replaced it on 15 July 2019. This SI contained errors. We are at the end of 2022 and are only now correcting these errors, mainly due to the current powers expiring at the end of this month. So it is very much the 11th hour, if not quite the 59th minute.

This is about not policy change but ensuring that current policy legally complies with existing regulations. Given the toxic nature of some POPs, it is surprising that these errors were not picked up earlier. I am content that this SI should pass but I have a general question for the Minister.

In the run-up to Brexit and immediately after, there were a large number of Defra-based SIs, as I referred to earlier. The Retained EU Law (Revocation and Reform) Bill has begun its passage in the other place and has been red-rated by the Regulatory Policy Committee. I will not comment on that here but there are rumours that, when passed, this revocation and reform Bill will begin the process for implementing some 2,400 statutory instruments. My heart sank when I heard that as a large number of those SIs are likely to fall within the remit of Defra. My question to the Minister, therefore, is this: is he confident that there will be sufficient staff in Defra to deal with the mountain of SIs coming their way, and that sufficient detail will be covered to ensure that there are no future errors in vital statutory instruments?

[Baroness Hayman of Ullock (Lab)]

My Lords, we do not have any problem with this statutory instrument as it stands, but our concerns are similar to those of the noble Baroness, Lady Bakewell.

First, I congratulate the Minister on his introduction. He did say that these are necessary technical amendments; some of them sounded extremely technical so I congratulate him on introducing those technical aspects to us today.

Our big concern is exactly as the noble Baroness, Lady Bakewell, said: there were many, many SIs during the Brexit process and we repeatedly raised issues around drafting accuracy. As the Minister knows, a number of those instruments had to come back to us. So it is concerning that, some time on from the first time around, we now have this issue. This was not picked up quickly. Can the Minister explain why it has taken so long to bring it to light? What has happened to draw it to the department’s attention? Was there an audit? Was there a practical issue that shed light on it? As the noble Baroness asked, how do we ensure that this does not happen again in future, because we know that we will be seeing a lot more SIs again? That is our biggest concern: not what is in the SI itself but the process and what has been happening.

[Lord Benyon (Con)]

I thank noble Lords for their valuable contributions to this debate. The regulations we have debated here today make no change to our existing policy to tackle the restriction and management of POPs. This instrument will ensure that we have the operable regulations we need to continue to protect the current and future health of the population, wildlife and environment of both the United Kingdom and the rest of the world. I absolutely concede the point that this SI has been brought to the Committee because of an error. A Government who do not make mistakes is a Government who do nothing; we are not perfect but we try to be. Did I get that right? Yes, I think I did.

I am very grateful to providence that I was not in the House at the time of that tsunami of statutory instruments. I can see that the scars still linger on the backs of some noble Lords who had to go through that relentless process. We remain committed to all the effects of Brexit, in getting the right regulations on to the statute book in a fit and proper state, and we will endeavour not to have to use noble Lords’ time in correcting them in future.

The unintentional omission of several exemptions for decaBDE did not come to light until June 2021. The process of taking an SI through from inception to coming into force is long and detailed, with many required steps and layers of scrutiny, even when making only minor corrective points with zero changes to policy. This instrument has been progressed as swiftly as possible, while ensuring that the necessary steps are taken, so that it comes into force before the required powers expire on 31 December this year.

Defra has conducted a detailed scoping exercise to identify REUL, retained EU laws, in its policy areas. Defra is in the process of analysing its REUL stock and determining what should be preserved as part of domestic law, as well as REUL that should be repealed or amended. There will be a department-wide programme to co-ordinate this analysis. We are working through how best to involve different stakeholders in this process and I absolutely pledge to keep the House informed throughout it.

I give an assurance that we will make sure we protect the environment in everything we do. In trying to create regulations and laws that are bespoke for these islands, we are not going to weaken them. We will make sure they are better, both from the perspective of people trying to do things and for those who are trying to protect the environment.

I think I have covered most of the points made. As I outlined, all the changes introduced by this instrument are technical operability amendments that are required to ensure that the UK can continue to implement the Stockholm convention to prohibit, eliminate or restrict the production and use of POPs. I commend these draft regulations to the Committee.

Air Quality (Designation of Relevant Public Authorities) (England) Regulations 2022

Baroness Hayman of Ullock Excerpts

Thursday 24th November 2022 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for introducing this statutory instrument. The quality of the air we breathe is essential for the population to remain healthy and fit. We have seen in press reports the effects that poor air quality can have on individuals, from minor ailments to life-threatening conditions, especially for young children.

Part IV of the Environment Act 1995 established the local air quality management framework. This requires local authorities to set an air quality management area whereby they assess air quality in their area and act if pollution levels reach a dangerous level. This is easier said than done. Local authorities find it difficult to achieve air quality management plans as there is often a lack of co-operation on the part of the polluter. This may be a road haulage business or a busy NHS hospital.

This instrument should ensure that National Highways plays a full part in implementing and supporting air quality management plans. The consultation that Defra conducted was extensive and well publicised. Not surprisingly, there was strong support for National Highways becoming the designated body to assist with improving air quality. It does, after all, construct the main highways running through or close to our communities.

Given local authority responsibility and National Highways involvement, one would imagine that close proximity to main road thoroughfares and highways would play an important part in the planning decisions for schools, nurseries and housing designated for young families. However, I fear that this is not always the case.

Although I accept that this instrument does not cover London, which comes under the remit of the Mayor of London, I was nevertheless horrified when the secondary school in London that I walk past on my way to the Tube station was remodelled, allowing it to take in a large number of extra pupils. No thought appeared to be given to the fact that the main entrance was yards away from a busy junction with traffic lights, with the exact time when the children were attending in the morning coinciding with the main commuter rush hour. The quality of the air these children were breathing must have been very poor. It was at least five years before the entrance for pupils was moved away from the main road to a subsidiary entrance round the corner and away from traffic, at the back of the school playground.

There will be many other such examples up and down the country where children and young people are exposed to unacceptable air pollution, which damages their health. Local authorities and National Highways both have a role to play here. Can the Minister give reassurances that this statutory instrument will improve outcomes for those currently breathing poor-quality air? Given that co-operation is defined as being “appropriate”, can he also say what happens when the co-operation is not appropriate? Apart from those two questions, we support this SI.

[Baroness Hayman of Ullock (Lab)]

I thank the Minister for introducing this statutory instrument. Like the noble Baroness, Lady Bakewell, we support it. She explained why there are so many concerns about air quality standards right across the country and went into the details of some of the challenges that have been facing local authorities around how to tackle this in their area.

We know that air pollution is still a huge problem and a great worry to many people. As the Minister will recall, we recently debated the clean air Bill; that debate demonstrated the huge amount of support for the Government to get on and tackle this seriously.

We very much welcome the designation of National Highways following the Government’s consultation. The Minister mentioned further designations. When are we likely to see any further designations? What will the process and timescale of that be? What came out in the consultation around potential further designations? How will this work with the development of local plans with local government around clean air strategies? In particular, what are the duties going to be to tackle health inequalities?

Finally, the Minister will not be surprised to hear me ask whether there is any update on when we are likely to see the air quality targets, whether they will all be laid together or whether some will be laid first. Will there be prioritisation? What are the targets likely to be? With that, we support the regulations. It is a very important decision to bring National Highways into this.

[Lord Benyon (Con)]

My Lords, I am grateful for your support for this measure, which is fairly limited in its extent but can have an important effect. As noble Lords will know, and as the noble Baroness, Lady Bakewell, said, there are trunk roads under the responsibility of National Highways that go through some very urban areas and have a massive impact on the people living there. I used to represent the town of Newbury. Many Members will remember the issue of the Newbury bypass. Cross-party support in and around the town at the time was predicated on the basis that children were growing up, attending school and living close to areas with extremely high levels of pollution.

That is an example in my head that shows that these regulations are perhaps overdue. In most cases, it is not a problem because National Highways is working with local authorities on their plans, but the regulations place a duty on it that could resolve an issue where there was a lack of support for those local plans.

I can absolutely assure the noble Baroness, Lady Bakewell, that this is a key part of our policy in moving towards a healthier environment. We will see how it works. To answer her points in a bit more detail, once designated as a relevant public authority, air quality partners, including National Highways, have a clear duty under the Environment Act to provide a local authority with such assistance in relation to carrying out air quality functions as it reasonably requests. That is important to answer her question about appropriate requests for co-operation. As public bodies, air quality partners can be expected to comply with their legal duties.

National Highways will also be required to commit to taking action to reduce pollution in the context of local air quality action plans where pollution from vehicles using the strategic road network contribute to exceeding an air quality objective. If proposed actions are not sufficient, there is a last resort power of ministerial direction, which can be used to direct National Highways to make further proposals. I hope that gives some reassurance.

A majority of the existing exceedances of air quality objectives—I think 501 out of 532 in England, excluding London—are for roadside emissions of nitrogen dioxide. We have therefore prioritised ensuring that all authorities with a role governing management of the highways, including upper-tier authorities and two-tier authorities, are brought into the statutory local air quality management framework. A call for evidence held in 2021 established that designation of National Highways was advocated by a clear majority of those responding. This reinforced a clear message we had heard from engagement with local authorities as well. Consideration of future designation of public authorities whose relevance may be more locally specific will follow an evidence-based approach and be subject to public consultation.

The noble Baroness, Lady Hayman, is absolutely right: air quality remains a serious problem. These issues were aired in the debate on Friday when my noble friend Lord Harlech responded on behalf of the Government.

There is the possibility of further designations as they come forward and the Government remain committed to setting ambitious targets under the Environment Act. We are currently finalising the Government’s response to the consultation and will continue to work at pace to lay draft statutory instruments as soon as practicable. The noble Baroness, Lady Hayman, will have heard me talk earlier, in response to a Question in the House, about our requirement under the Act to publish our environmental improvement plan in January. That is a target we intend to hit and I am sure she will keep my feet to the fire if there is any slippage on that.

The 2017 NO₂ plan was clear that charging for entry into a clean air zone would not be suitable for all locations, particularly those that largely take traffic through rather than into areas. The strategic road network provides main routes for interurban traffic and takes high volumes away from towns and city centres. Charging on key routes could be an alternative and a means by which local authorities, working with National Highways, could implement a meaningful plan. But encouraging drivers to reroute into potentially less suitable local roads could create or worsen air quality issues on them and/or lead to increased carbon and road use issues, so it is really important that these authorities work together and look at it holistically, not just creating displacement of a problem but solving it. National Highways is working with those local authorities which have or are developing plans for clean air zones as part of their NO₂ air quality plans.

I repeat my thanks to noble Lords for their contributions. National Highways already works alongside local authorities and has had to consider actions to improve air quality to address exceedances of NO₂ national statutory concentration limits on the strategic road network. This instrument clarifies its role in working with local authorities where there are exceedances of air quality objectives locally, which will create a more consistent framework across local authorities. This instrument will make a difference to how local authorities can contribute to improving local air quality in their areas and I commend it to the Committee.

Water Framework Directive

Baroness Hayman of Ullock Excerpts

Thursday 24th November 2022 Lords Chamber

[Lord Benyon (Con)]

Well, I live to make sure that the noble Baroness is not angry and is reassured that this Government are absolutely determined to have the highest science-based evidence to support the targets that we will impose on ourselves and future Governments in this area. The Environment Act really is a very powerful piece of legislation and the structures it has created will do precisely that. Good environmental status has not been achieved in any country in Europe. We, along with other countries in Europe, are failing to meet the demands of the water framework directive. We are now able to produce standards bespoke to the United Kingdom that will be scientifically based and will be able to be scrutinised by your Lordships, by people in the other place, by civil society and by individuals, and implemented, if Governments fail, through the Office for Environmental Protection.

[Baroness Hayman of Ullock (Lab)]

My Lords, Ministers have discussions—as the Minister has told us—with the Environment Agency and with Ofwat, company executives, farmers, and community representatives, but these happen at different frequencies and the various players do not necessarily all talk to each other. The Minister may not be able to solve the problems relating to water quality single-handedly. Does he recognise the power that he and departmental colleagues have to bring people together on this? Is he doing that, and is he formulating a comprehensive national plan that will command broad support?

[Lord Benyon (Con)]

Within the constraints of the fact that this is a devolved issue, we are certainly doing that in England. I hope that I have got across to noble Lords, in responses on 7 September, 25 October, 31 October, 2 November and 14 November, my and my department’s determination and commitment to make this work. We are precisely bringing these different organisations together. Interestingly, the reason why rivers fail is, first, because of physical modification—water is impounded, there may be weirs that have to be taken away—secondly, because of pollution from agricultural and rural land, and, thirdly, because of pollution from wastewater. There are also many other reasons. We have to work across society to make sure that this is co-ordinated, that the targets we will announce in January will be effective and that the Government can be held to account on them.

Genetic Technology (Precision Breeding) Bill

Baroness Hayman of Ullock Excerpts

2nd reading
Monday 21st November 2022 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, this has been a very interesting debate. I also welcome the noble Lord, Lord Roborough, and congratulate him on his maiden speech; we look forward to his future contributions.

There were a few references earlier to Jonathan Swift, and I recall that he also wrote an essay suggesting that the poor could eat their babies if they were starving, so we should not assume that everything he said is always a good suggestion.

I begin by confirming that the Labour Party supports the principles of scientific development that this Bill embodies. However, to reassure the public and to provide the right environment for research and investment, we believe that the right regulatory safeguards must be in place, because good regulation is the key to both innovation and investor confidence. As the noble Baroness, Lady Hayman, said, this is our opportunity to get this Bill right. My noble friend Lady Jones of Whitchurch referred to the impact assessment from the Regulatory Policy Committee, which is, as she said, pretty damning. It says that the Bill is “not fit for purpose”, and that the Government’s analysis of the impact of deregulation was “weak”. It further added that the Government has not adequately considered

“the full range of potential impacts arising from the creation of a new”

category of genetically modified organisms. We agree with the questions that my noble friend asked the Minister about these concerns.

The NFU provided a very helpful briefing, stating that precision breeding has the potential to deliver major improvements in the productivity and environmental footprint of farming, to address pest and disease pressures on crops and farm animals, to reduce fertiliser and pesticide use and to increase resilience to extreme weather events, such as flooding and drought. Many noble Lords have spoken in support of these aims, and we support those aims. But the Bill needs to be well drafted, and safeguards need to be in place. Proper regulation and safeguards are important because this is about our food. The noble Lord, Lord Krebs, rightly said that current agricultural practices are unsustainable, so we must change the way we work.

There is huge potential to deliver benefits by helping us not only to grow our food more sustainably and efficiently but to tackle the challenges of the environmental, health, economic and social harms that our modern food systems cause. My noble friend Lord Winston mentioned the potential advantages for the environment, but he also demonstrated to noble Lords the considerable challenges.

So, while the Bill brings opportunities, we believe that substantial improvements are necessary. We have heard a lot about potential, but we think that the regulatory regime intended to implement and to monitor these technologies is completely inadequate. Good governance must be at the heart of the Bill, including full supply-chain traceability and transparency. My noble friend Lady Jones explained that, in the other place, we proposed establishing a robust, independent authority, which would be modelled on equivalent provisions in the Human Fertilisation and Embryology Act. I am very sorry that it would clearly not get the support of the noble Lord, Lord Lansley, but it would appear that the noble Earl, Lord Stair, may well be interested in that proposal.

We want to draw attention, as other noble Lords have, to the risk of unintended consequences: these must be recognised and addressed, and we do not believe that the Government have done this. When they were giving evidence, the Francis Crick Institute and the Royal Society said that they felt uncomfortable with regulation based on techniques rather than outcomes—in other words, that the purpose, and not the technique, needs to be paramount. Gene editing should not just support commercial interests but be directed at outcomes that support public good.

We have heard that the greatest concern is around animals. At this stage, I declare an interest as the president of the Rare Breeds Survival Trust. We are extremely concerned about the inclusion of animals in the first place, as well as the lack of protections to ensure that if, such technology is used, it will be done ethically and with due regard to animal welfare. I was glad to hear the Minister talk about the step-by-step approach in his introduction, but I am sure that he has heard from other noble Lords that there are many outstanding concerns in this area. The RSPCA has said that public consultation and dialogue have been about farm animals, and it is concerned about ethical issues around animals, including sporting, companion and wild animals, as other noble Lords have said.

We are very concerned that this is a step change in breeding and in how people perceive animals—they could now be regarded as mere things to be modified for human convenience, contrary to the recognition of animals as sentient beings in the Animal Welfare (Sentience) Act. The BVA is concerned that the Bill is progressing without proper consideration of the regulatory frameworks needed to ensure animal health and welfare and food safety. We believe that, unless we get this right, it is a missed opportunity to create a world-leading, scientific, well-regulated and robust approach to gene-editing which would benefit animals, consumers and producers. As the noble Lord, Lord Cameron of Dillington asked, where is the detail about the advisory body? The noble Baroness, Lady Parminter, also looked at this. I am concerned about Clause 12; if we are not careful, it looks as though it will have been drafted to put the applicant in the driving seat.

The Minister reassured us that gene editing is simply a more precise version of selective breeding, with little to worry about. However, selective breeding has prioritised fast growth, high yields and larger litters, and we know that sometimes this causes suffering. The Nuffield Council does not believe that conventional breeding is inherently benign while precision breeding is not. Indeed, we have heard that conventional breeding can lead to both acceptable and unacceptable outcomes which have not been mitigated by existing regulation. Defra has said that the Bill will enable the development of precision-bred plants and animals that will bolster food production and drive economic growth. This gives us concern that gene editing will be used to drive animals to faster growth and higher yields, exacerbating the severe welfare problems that have arisen through selective breeding. If the Minister can provide reassurance on how the Bill can be tightened up to ensure this does not happen, we will be very pleased to hear it.

Defra has also argued that gene editing will be used to improve disease resistance in livestock, and the noble Lord, Lord Trees, discussed this at length. This certainly could be beneficial in the case of diseases that do not arise from the way in which animals are farmed. However, there is scientific evidence that keeping livestock in crowded, stressful conditions contributes to the emergence, transmission and amplification of pathogens. As my noble friend Lord Rooker said, the proper way to reduce diseases that are generated by keeping animals in poor conditions is to improve the conditions.

The Minister may say that there is little for us to be concerned about, but too much of the detail of the Bill—how it will work, what it will cover—is, as we have heard, dependent on secondary legislation. That does not give us confidence and, as the noble Earl, Lord Devon, said, it does not necessarily encourage public trust and confidence in government intentions and outcomes either. So it is really important that the discussion we have had around labelling is also taken on board by the Government. The noble Lord, Lord Carrington, talked about the importance of public confidence, and the noble Baroness, Lady Parminter, talked about why labelling is critical. The Nuffield Council’s report also recommended that the labelling of such foods should have advice on safety, nutrition and health.

The fact that the Government do not intend to label products raises concerns about a lack of transparency. The noble Baroness, Lady McIntosh of Pickering, raised particular concerns about this. We know that many British consumers have concerns. As my noble friend Lord Rooker said, if we are using new technologies, we have to take the public with us. The noble Baroness, Lady Hayman, explained exactly why this is so important, because of what has happened in the past.

On plants, the noble Earl, Lord Caithness, spoke passionately about the benefit for crops and the noble Lord, Lord Cameron, talked about how this can be used more widely in the developing world. These are really important ways we can move forward. However, the Landworkers’ Alliance, which supports smaller agroecological farmers and organic groups, has raised concerns about an increased risk of contamination, so it would be very helpful if the Minister and the Government could explain clearly how that is not going to cause the organic sector any problems.

I have one final question for the Minister. Noble Lords have raised the issue of Scotland. Can he reassure the House on this and the potential for divergence? Harmonisation on trading gene-edited products more widely is a real concern. Whatever position you come at the Bill from, it is going to need to be addressed.

In conclusion, I reiterate that the Opposition support the Bill in principle. A positive statement from the Minister about the precise purposes for which precision breeding might be used, including confirmation that it will be directed towards a just, healthy and sustainable food and farming system, would be very welcome.

Avian Flu

Baroness Hayman of Ullock Excerpts

Wednesday 16th November 2022 Lords Chamber

[Lord Benyon (Con)]

I invite my noble friend to join me in my monthly security meeting, which draws together people from across Defra and its agencies, looking at the risks coming from near and far. That can be quite a sobering experience. He is absolutely right that a combination of climate change and the globalised movement of people is bringing greater risks to our shores. I am full of admiration for the work that is done, and I assure him that an enormous amount of horizon-scanning goes on in trying to see where the next risk is coming from and what we can do to mitigate it.

[Baroness Hayman of Ullock (Lab)]

My Lords, breeding seabirds have been badly hit, particularly great skuas. Last winter on the Solway Firth, the disease killed over 16,000 barnacle geese. Seabirds are long-lived so they take longer to reach breeding age and have fewer chicks. They are already under massive pressure from climate change, a lack of prey fish and deaths from entanglement in fishing gear. What surveillance and testing systems exist for seabirds? Earlier the Minister mentioned dead birds and public health. What guidance is there on carcass removal and disposal for wild birds? What are the Government doing to prioritise and fund seabird conservation?

[Lord Benyon (Con)]

The noble Baroness is right that this is a tragedy for populations of particular seabirds. Bass Rock, just south of Edinburgh, has been white for centuries but is now black; that is a visual reminder of the impact the disease is having.

I assure her that we are working hard. Information is available on the GOV.UK website about what people should do if they find a bird or are concerned about one. We are calling in the best advice. The Joint Nature Conservation Committee has been commissioned to set up an advisory recovery group on monitoring data and evidence on whether existing conservation interventions are working and new conservation interventions that may help.

As I said, we are working internationally through the European Food Safety Authority. Our chief vet is in regular contact with colleagues in Ireland and elsewhere, including of course in the devolved Governments. We have a clear strategy, which is available for people to see, to resolve the issue.

Dealing with the disease in poultry settings is vital but it is harder to deal with among wild birds. Still, we have a clear strategy to try to mitigate it. Some possible good news is that there is evidence that some birds are developing degrees of resistance to avian flu, but it is too early to say why that is or quite what the effect will be.

Sewage Discharges

Baroness Hayman of Ullock Excerpts

Monday 14th November 2022 Lords Chamber

[Lord Benyon (Con)]

The right reverend Prelate’s question is very well linked to the point made by the noble Duke, the Duke of Wellington. The urgency of these matters is reflected in the urgency with which we are intending to deal with them. I would hate any noble Lord to be of the view that some of the dates in legislation, such as the Environment Act and in other measures to control this, mean that we are going to continue to allow pollution in the belief that it is suddenly going to drop off a cliff at the end. We are tackling the most important public health areas, such as bathing waters, the chalk streams that the noble Baroness, Lady Jones, mentioned and the most precious environments—some of which have overlaying international designations. It is right that we have public health to consider, but we also have the health of our natural environment. We are tackling the problems where they are worst and where we can make the most difference as quickly as possible.

[Baroness Hayman of Ullock (Lab)]

My Lords, the noble Duke, the Duke of Wellington, talked about the lack of progress and frustration. The Minister talked about the storm overflow reduction plans, but they are not due to be completed until 2050. This is hardly “urgency”. Why do the Government seem happy to crack down more heavily on environmental protestors than they do on environmental polluters?

[Lord Benyon (Con)]

The noble Baroness is usually much more devastating in her attacks than that. She knows that 2050 is a date by which we hope to see the problem completely resolved. We are going to move very fast on many of the areas where the problem is greatest. As for the idea that we are going to continue to leave this to future generations, that is not the case. The Environment Act is one of the most progressive pieces of environmental legislation anywhere. It has water quality at its heart. The drainage and wastewater management plans will be reviewed again in 2027 to see if our ambitions are being fulfilled. We can change them with government direction through the water regulators, the Environment Agency, Ofwat and the Drinking Water Inspectorate, to make sure that we are getting this problem sorted. It is not a question of making a decision between people gluing their fingers to a road and solving this. This is a problem we can solve now, and we are doing so.

Avian Influenza

Baroness Hayman of Ullock Excerpts

Thursday 3rd November 2022 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, the UK is experiencing its most severe outbreak of avian influenza. Its persistence over the last year, coupled with soaring energy and feed costs, has put the British poultry sector under huge emotional and financial pressure. We welcome the Government’s announcement that a full bird housing order will come into effect from next Monday, but that decision should have been made weeks ago. There has been a serious situation for months and the impact on producers is devastating, with over 3 million birds already culled, so why was this decision not taken earlier?

We recognise that the Government are offering farmers support, but concerns have been raised about whether the compensation scheme is fit for purpose. The Animal and Plant Health Agency’s position is that compensation is paid for live birds not showing signs of disease at the time of culling. But delays to culling, through no fault of farmers, mean that there can be very few birds left alive by the time culling begins, with farmers then not receiving the compensation to which they should be entitled. Will the Government reconsider how compensation is being assessed so that it treats farmers fairly and provides vital financial protection?

I am sure the Minister recognises the significant impact on free-range poultry farmers. The loss of free-range status and subsequent change in labelling requirements causes significant cost and disruption to egg producers and the supply chain, while the prospect of repeatedly losing free-range status threatens the long-term resilience of the industry. The NFU has asked the Government whether they will review the legislation which provides a 16-week protection period for the marketing of free-range eggs when the government housing measures are imposed. The protection period has to be fit for purpose, so the NFU is asking that it should instead last for the duration of these housing measures. Will the Government consider this?

We also understand that the outbreak has spread much faster this year and that we are six weeks ahead of where we were at this time last year. Turkey and geese farmers have warned that if the situation is not resolved, we could face severe shortages over Christmas. Is the Minister able to reassure your Lordships’ House on this matter?

Importantly, we must also consider the long-term approach and strategy to dealing with avian flu, because once this outbreak is over and we have moved on, it will inevitably return. On this note, I should like to ask the Minister about vaccines. Mark Spencer, the Minister in the other place, said in response to a question on Tuesday:

“The advice I have been given is that the current vaccines are not as effective against the current strain of European bird flu as we would have hoped”


and that

“because of trade deals, there is a challenge with vaccinated birds entering the food chain”.—[Official Report, Commons, 1/11/22; col. 806.]

If the current vaccines are not effective enough, what government research is taking place or being planned to take place into vaccination? Currently, avian influenza vaccination is not permitted in the UK for commercial poultry, so we need to understand any trade implications of a prospective vaccination programme if we can find a suitable way forward.

As part of the strategy to tackle this disease, will the Government urgently increase investment into research and development to build knowledge and understanding about the potential use of vaccination and, importantly, prioritise international collaboration, as, clearly, this is not just a UK problem? We recognise the seriousness of this situation. I hope the Minister can provide a clear response on the way forward. I reassure him and the Government that any short and long-term measures needed to tackle this terrible disease will have our support.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, avian influenza is having a devastating effect on the poultry industry and wild bird populations. The epidemic first manifested itself in autumn 2021 when migratory birds started to arrive on our shores. Since then, it has spread and there are now some 91 infected premises in the UK. The vast majority are in East Anglia, the first stopping point for migratory birds, especially waterfowl. I am sure the Minister is as concerned as I am, not only about the effect on seasonal poultry producers but also on biodiversity in the wild bird population.

In the run-up to Christmas, those poultry breeders, especially free-range turkey farmers, will be particularly affected and worried about how they will manage. This is a key season for them, and they cannot easily recover the loss of income from this epidemic at another time of the year. Poultry farmers are grateful for the Government’s change on compensation claiming, with it coming at the start of culling rather than the end. However, changes to the rate of payments starting from 1 October will not help those affected during August and September. Can the Minister say whether the Government are considering any help for these producers?

I, like others, welcome the measures for mandatory housing for poultry and captive birds starting next Monday. This should help to reduce the spread of disease but will nevertheless be a blow for free-range producers. The measures apply whether it is for one hen being kept in a garden or a large poultry business. The measures for mandatory housing are stringent and will incur extra costs for producers. Is there a grant scheme for producers to help with the cost of providing mandatory housing?

As with all animal epidemics, stringent biosecurity measures are essential whether for a small breeder or very large-scale poultry producer. As with the devastating foot and mouth epidemic in 2001, farm-gate foot baths, bedding and animal feed need scrupulous attention to ensure that they are not the cause of spreading infection. Only Defra avian influenza-approved disinfectants should be used.

Noble Lords will know that, if a breeder suspects that they have avian influenza in their flock, it is an offence not to report it to the Defra rural services helpline. Can the Minister say what the penalty for the non-reporting of a suspected outbreak is likely to be? Does the Defra helpline have sufficient staff to answer all the calls they will be receiving?

I turn now to the Government’s proposal to allow poultry farmers to slaughter their birds now before they become infected and freeze them. In particular I am thinking about turkeys in the run-up to Christmas. The proposal is that these birds, after slaughter and freezing, would be thawed and sold as free range rather than frozen birds. These thawed birds would be sold to consumers between 28 November and 31 December.

Since Brexit, there has been concern about sufficient numbers of vets and slaughtermen, who had previously come to the UK in the run-up to the Christmas season to help with the killing and preparation of turkeys. Can the Minister give reassurance that there will be sufficient staff at abattoirs to deal with this early slaughter of birds? I sympathise with the poultry industry and support measures to help it cope through this very difficult period. Equally, it is important to have a ready supply of qualified and competent staff to deal with the early influx of birds at abattoirs.

I am also extremely concerned that frozen birds are to be thawed and sold as free range—which, of course, they were before they were frozen. That is not the issue. The issue is that for years the advice has been that frozen poultry meat, once thawed, should not be refrozen unless it has first been cooked. Given the timeframe during which the thawed birds are to be sold, it is a fair assumption that consumers, seeing the birds for sale and knowing there may be a shortage, will buy what they need for Christmas early and take it home to put into their freezers, ready to take out a couple of day before they are due to be cooked.

In what way will these pre-frozen and thawed birds be labelled? Will the labelling make it clear that, although free-range, the birds have been frozen and thawed and should not be refrozen before being cooked and eaten? A “fresh” bird that has been purchased at the end of November or beginning of December is unlikely to keep in a domestic refrigerator until Christmas Day and still be fit for human consumption. Although the Government’s solution appears to help solve the poultry farmers’ problems, I am concerned about the health aspects of this for the population as a whole and am looking for the noble Lord’s reassurance.

I turn briefly to how the epidemic is affecting wild birds. My colleague, my noble friend Lord Teverson, reports that the shores of Cornwall are littered with the carcasses of dead gannets, and no one is picking them up. This will not be a problem isolated to Cornwall: wherever wild and sea birds congregate in large numbers, there are likely to be large outbreaks of HPAI, resulting in the deaths of birds. What should happen to these carcasses?

Lastly, there are currently no restrictions on organised game-shooting activities. Can the Minister comment on this, please? Is he satisfied that sufficient biosecurity measures are being used on game shoots? I look forward to his comments on the effects of this epidemic.