Flooding in Cumbria

Baroness Coffey Excerpts

Tuesday 19th March 2019 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

It is a pleasure to serve under your chairmanship, Mr Bone. I congratulate the hon. Member for Westmorland and Lonsdale (Tim Farron) on securing the debate. We have spoken previously on this topic, one to one as well as in the wider group of Cumbrian MPs, two of whom are present—the hon. Members for Workington (Sue Hayman) and for Barrow and Furness (John Woodcock). I commend them for the representations that they have made on behalf of their constituents. They are rightly passionate about trying to secure more flood funding for important projects in their constituencies.

Flood and coastal risk management is a high priority for the Government, and I am acutely aware of the impact that flooding can have on lives and livelihoods, which was the case in my constituency following the 2013 surge. People face ongoing challenges and have ongoing concerns, whether those are to do with aspects of weather or surges and high tides combining. Compelling evidence suggests that climate change may lead to increases in heavy rainfall and increased risks from fluvial and surface water flooding by the middle of this century. Both present significant risks, so we are putting in place robust, long-term national strategies to protect our communities. I am sure that hon. Members will recognise the £2.6 billion Government investment made in flood defences over six years.

There has been no major flooding since I have been the Minister responsible for flood risk management—perhaps that is why I have been in post for nearly three years—but I take a keen interest in the latest developments in Cumbria, which is an area particularly prone to the devastating impacts of flooding. That is why I think I have visited Cumbria on more occasions than any other county during my time in office, to hear the community’s experiences at first hand.

I am very aware of the extreme flooding events that have been suffered and the damage that has been caused, and I recognise the impacts, including on mental health, experienced by people and communities. I pay tribute to the responders and volunteers from across the county, and indeed the country, who worked around the clock in challenging circumstances during Storm Desmond, and for their ongoing work in flood action groups.

I also praise the ongoing work of the risk management authorities and the local community groups that contribute their time and vast local knowledge to protect their local communities. They are also involved in discussions about different projects, and they recently produced a report on how to improve funding in Cumbria, as well as a practical guide to natural flood management measures. Together with the expertise of the Environment Agency and local councils, those actions are leading to strong local decisions.

The Government have committed to spend £68 million in Cumbria as part of our current programme, which began in 2015 and will complete in 2021. Hon. Members may be aware that £10 million was initially allocated under today’s funding formula, but I am conscious that my hon. Friend the Member for Penrith and The Border (Rory Stewart), when he was the Minister responsible, allocated an extra £58 million to tackle the issues resulting from Storm Desmond. The Environment Agency continues to maintain its flood risk management assets in the county and has spent £1.4 million on maintenance since 2015.

To better improve the flood resilience of properties, a grant of £5,000 per property was made available to homeowners and businesses that were flooded in December 2015 for additional resilience or resistance measures. I understand that 4,307 properties have received that money, which equates to more than £15 million of grant.

The important 2016 Cumbria flood action plan continues to be a living document. Of the 100 actions agreed in it, 74 are now complete, with 96% of short-term actions also complete. The remaining actions are being reviewed to determine whether they are still valid. Recently, the Rivers Authorities and Land Drainage Bill successfully completed its stages in this House and is now going to the House of Lords for consideration. If the Lords do not amend it and it becomes an Act of Parliament, I hope that it will provide a welcome opportunity to meet three actions in the plan that aim to develop water level management boards in the Eden, Derwent and Kent Leven catchments.

Several schemes to reduce the flood risk in Cumbria are progressing. As the hon. Member for Westmorland and Lonsdale pointed out, some will go out for planning consultation shortly. He referred to the preferred option for a £45 million scheme in Kendal, which is expected to reduce the risk of flooding to more than 2,500 local homes and businesses. As he points out, the determination date for planning permission is Thursday. In line with Government guidance, multi-criteria analysis has been used to assess the merits of each option against economic, technical, social and environmental criteria. That is why the Environment Agency has considered the feedback on the options to shape the scheme.

In Carlisle, following public engagement in January, a planning application was submitted for a scheme last month. The completed scheme will cost approximately £25 million and is expected to reduce the risk of flooding to more than 1,000 homes. The flood defence scheme in Egremont received £1.6 million of additional funding from a £40 million national fund to support economic growth and regeneration in 2018. The scheme will cost approximately £6.2 million and is predicted to reduce the risk of flooding to 221 homes and commercial properties. I hope that will get planning consent in May. A further 44 properties will be protected by the installation of property-level protection. In Rickerby, the flood alleviation scheme has received planning approval and, subject to the approval of the final business case, work is expected to start in the next few months.

To respond to national emergencies, the Environment Agency has 25 miles of temporary barriers, which it deployed in Braithwaite, near Keswick, when there were concerns. We continue to work hard on natural flood management to gather evidence on how best it can, or whether it can, be a key part of how we reduce the impacts of flooding. Overall, 11 communities in Cumbria are involved in the pilot project, into which we have put £2.5 million out of a total investment of £15 million. Of that, £800,000 was allocated to the River Kent catchment across eight projects.

The hon. Gentleman also referred to some specific bridges. I went to the Middleton Hall bridge—on a political visit, rather than a ministerial visit—and I know that the county council are working hard to repair the Ford and Middleton bridges that were damaged in Storm Desmond. My understanding is that it expects to complete the works this year. I am conscious that, particularly in Middleton, cars can get over the temporary bridge but emergency services and small buses cannot, which is a real source of disruption to the everyday lives of people in the area.

[John Woodcock]

Will the Minister and her Department keep in mind that, notwithstanding the terrible damage that Storm Desmond did, they should not let that displace the suffering of other residents, such as my constituents, who are still feeling the effects of storm damage from previous years?

[Dr Coffey]

Of course, the storms of 2005 and 2009 have had a long impact, which I recognise.

On the funding policy, our current investment programme is due to protect more than 300,000 more homes, although I am conscious that not all of that will be in Cumbria by any means. I am sure that hon. Members, while fighting for their constituents’ needs, also recognise that the Government have to consider projects across the country. In the current programme, it is not possible to deliver every scheme that would reduce flood risk, but I assure hon. Members present that I am fully alive to the issues raised about Cumbria.

The hon. Member for Westmorland and Lonsdale referred to wealthy communities and the funding formula, but the funding formula specifically gives a boost to parts of the country that are not as prosperous, so that is taken into account. Our main impact and focus has been on people, rather than businesses, but I am looking at the funding arrangements ahead of a review of funding needs beyond 2021. We are working closely with the Environment Agency and the Treasury to consider future investment needs and the Government’s role in supporting the resilience of communities. My Department launched a consultation in January, which began the discussion on enabling more local funding to be raised for flood management. While considering the requirements for future programmes, I am looking carefully at the impact on Cumbria.

I am aware of the £58 million, which I have explained to hon. Members, and I am keen to build on that work and continually improve overall flood resistance in Cumbria. I reject the comments of the hon. Member for Westmorland and Lonsdale that the Government have given up on renewable energy and climate change. He will be aware of the situation regarding the tidal lagoon, which was deemed poor value for money. I think I am right in saying that a prominent non-governmental organisation also challenged the scheme because of its impact on tidal habitats and birds. We have to take a balanced approach.

As the only Member with the word “coastal” in their constituency name, I am conscious of the issue of coastal erosion, which my constituency also suffers from, and I recognise that extreme weather events cause people worry. I do not want to reject what the hon. Member for Barrow and Furness said but, dare I say it, the Government have to be responsible in preparing for a no-deal Brexit. I repeat the mantra that if hon. Members do not want no deal, they have to vote for a deal. The £2.6 billion investment has been put to good effect, however, and I will push for more to be done in the next spending review, if we can.

I have corresponded with the hon. Member for Westmorland and Lonsdale about water companies before. We have a different perspective. Some of the challenges of surface level flooding will be due to the county council not managing to drain the gullies or whatever—it will be a variety of things. Sewers are expected to have only a one-in-30-year event design standard, based on the rainfall return period, which is surface water flooding. That is different from the one-in-100-year river flood event experienced in Kendal, so it is not necessarily the case that we should compare them and make them identical.

Regarding the other aspects of the scheme that the hon. Gentleman specifically mentioned, he knows that we have considered it and that we are waiting for an Environment Agency report. He will also be aware that there is a big gap between the grant in aid for which it is eligible and the cost of the scheme. That is why I continue to encourage businesses to take advantage of the tax relief that they can get if they make capital contributions. I know that it will be an ongoing challenge for many people around the country, but I hope that we have considered it today.

Motion lapsed (Standing Order No. 10(6)).

March EU Environment Council

Baroness Coffey Excerpts

Tuesday 19th March 2019 Written Statements

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I attended the EU Environment Council on 5 March in Brussels. I wish to update the House on the matters discussed.

Strategic EU long-term vision for a climate neutral economy—policy debate

The presidency invited member states to give their views on the Commission’s draft long-term strategy on climate, “A Clean Planet for all”, following an initial exchange of views at the Environment Council on 20 December 2018. The presidency asked for views on the challenges and opportunities arising from the transition to a climate-neutral economy and the enabling framework required to stimulate investment, especially private sector investment, in technology, education, and training.

Member states’ interventions focused on four main areas. First, a number of member states gave their views on the EU’s greenhouse gas (GHG) emissions reduction targets for 2030, and the proposed target of net-zero GHG emissions in the EU by 2050. Some welcomed the ambition of the Commission’s proposed 2050 target, while others cautioned against any revision to the EU’s 2030 targets. Secondly, many argued that the strategy must recognise and enable a socially fair and just transition recognising the different impacts across member states, regions, and sectors of the economy. Thirdly, a number spoke of the need to frame the strategy positively, as the transition to a low-carbon economy presents opportunities including for competitiveness, employment, public health and the environment. Fourthly, the transition should be acceptable to citizens and businesses to give investors’ confidence in the direction of travel, given that both public and private investment will be crucial to the transition.

I intervened to welcome the Commission’s strategy as a positive response to the Intergovernmental Panel on Climate Change’s special report on global warming of 1.5 degrees published in October 2018. I spoke of the need to ensure that all sectors of the economy take action to tackle climate change while at the same time managing the impact on those sectors disproportionately affected. I referred to the benefits of clean growth and that both technological and nature-based solutions must play their part in reducing emissions, including carbon capture usage and storage, and natural carbon sinks, such as mangrove forests. I emphasised that private sector investment and green finance will be integral to financing the transition and highlighted the UK’s funding for low-carbon innovation. In closing, I underscored that the United Nations’ Secretary General’s climate summit in September would be an important milestone, and that the UK intends to play a leading role on climate resilience at the summit.

Drinking water directive—general approach

The presidency invited member states to agree the proposed general approach, stressing debate should focus on article 10a and 10b, (materials and substances in contact with water) and article 13 (access to water). The Commission urged member states to agree the text, noting that they would reserve their position due to concerns on article 10a.

The UK, along with a number of other member states, fully supported article 10a and 10b. Others expressed concern, but noted that ultimately they could accept the proposed text. These member states also called for further work to help understand the impacts of the proposal and to clarify the text. Latvia, Estonia and Austria were unable to accept the general approach due to article 10a.

On article 13, member states noted the delicate Council position and agreed that the presidency text provided a good compromise. The UK highlighted concerns regarding subsidiarity, drawing attention to the UK Parliament’s reasoned opinion but confirmed that it could accept the compromise text.

The presidency concluded the general approach had been agreed. The Commission noted that more work was needed on article 10a and it would issue a formal declaration outlining its concerns.

Greening the European semester—exchange of views

The Council exchanged views on the greening of the European semester and post-2020 investments (6260/19) with member states stressing the importance of the environmental dimension. A group of member states recognised the importance of taking the Paris agreement into account.

EU framework on endocrine disruptors—policy debate

The Commission stressed the need for a coherent approach based on scientific advice, and the need to follow the precautionary approach where the science was inconclusive. It announced a cross-cutting fitness check on endocrine disruptors (with the aim of concluding findings in early 2020) and a new comprehensive forum to engage stakeholders.

Member states welcomed the Commission communication, with significant differences between the levels of ambition expressed. A small number of member states led a group calling for more concrete actions including a ban on endocrine disruptors in toys and consumer goods. Others, including the UK, were more cautious, stressing the need for further research and emphasising the importance of risk-based measures.

AOB items

The following items were also discussed under any other business.

1. Global data collection system for ship fuel oil consumption

Council noted the information from the Commission on the proposal to revise the regulation on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport. The aim of the proposal is to reduce the administrative burden for ships having to report under both EU regulations and the global data collection system for fuel oil consumption, established recently by the International Maritime Organisation.

2. Better EU enforcement of the EU phasedown of hydrocarbons

Council noted the information from the Commission.

3. Tackling greenhouse gas emissions through aviation pricing

Council noted the information from the Belgian delegation concerning its proposal for a fair, European pricing system on aviation. This information was previously presented at the Economic and Financial Affairs Council on 12 February by the Dutch delegation. Some member state delegations intervened in support of further work on this. The Commission stated that it will consider existing policy instruments and assess whether there is a need to make a legislative proposal.

4. Strengthening the coherence between EU free trade agreements and the Paris climate change agreement

Council noted the information from the French, Spanish, and Luxembourgish delegations, proposing that ratification of the Paris agreement should be an essential clause of the EU’s trade agreements with third countries, and that the Council should be able to suspend trade agreements following breaches of the obligations under the Paris agreement. Other member states expressed a degree of caution on the proposed approach. The Commission noted that such a proposal would need to be operational.

5. Outcome of the intermediary sessions of the parties to the Espoo convention and to the protocol on strategic environmental assessment (SEA) (Geneva, 5 to 7 February 2019)

Council noted the information from the presidency and the Commission regarding the work of the EU and member states. It also noted the decisions adopted at the meeting of the parties to the Espoo convention and the protocol on SEA, which the UK, other member states, and the EU attended. Lithuania stated that they considered that further steps were needed concerning the case of the Ostrovets nuclear power plant in Belarus.

6. Environmental protection policies to combat depopulation in rural areas and to improve quality of life

Council noted the information from the Spanish delegation and the difficulties between population and conservation efforts. Other member states intervened to show their support and outline their own nation’s struggles with depopulation.

7. Preparation for the 21st meeting of the contracting parties to the Barcelona convention for the protection of the marine environment and the coastal region of the Mediterranean (Naples, 2 to 5 December 2019)

Council noted the information from the Italian delegation. There were limited interventions around this AOB.

Additional engagement

In the margins of the Council, I met with counterparts from member states and the European Commission to reassure them of our intention to continue working closely on these global environmental issues, and to highlight the UK’s bid to host the 26th conference of the parties (COP26) to the United Nations framework convention on climate change (UNFCCC).

[HCWS1425]

Draft Plant Health (EU Exit) Regulations 2019 Draft Plant Health (Amendment) (England) (EU Exit) Regulations 2019

Baroness Coffey Excerpts

Tuesday 19th March 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I beg to move,

That the Committee has considered the draft Plant Health (EU Exit) Regulations 2019.

[The Chair]

With this it will be convenient to discuss the draft Plant Health (Amendment) (England) (EU Exit) Regulations 2019.

[Dr Coffey]

It is a pleasure to serve under your chairmanship today, Mr Marsha. The regulations, together with the Plant Health (Amendment) (England) (EU Exit) Regulations 2019, amend the existing domestic legislation that implements the EU’s plant health directive. That directive is implemented in England by the Plant Health (England) Order 2015 and, in relation to forestry matters, by the Plant Health (Forestry) Order 2005, which extends to Great Britain. The existing orders set out obligations for the control and management of plant health risks arising from import from third countries and movement within the EU single market of plant material in order to protect biosecurity and the £8 billion value of plant material to the economy, society and the environment.

This is a new statutory instrument covering obligations on plant health authorities, relating to retained EU law on plant health, which arise when we leave the EU. The instrument contains amendments to retained EU law to address technical deficiencies and inoperability issues. It sets out the import requirements from exit day to trading partners around the world regarding the harmful plant pests we want to stay free from, and the plants and plant products for which we require assurances that they have met our prescribed requirements. It also provides clarity to businesses on the pests, plants and plant products that will be regulated within the UK.

The requirements complement the Plant Health (Amendment) (England) (EU Exit) Regulations 2019, which set out the processes that businesses must follow regarding imports and internal movements of the plants and plant products subject to regulation. The instrument’s main purpose is to re-enact the existing list of harmful pests and plant material that apply in England, Wales and Northern Ireland and related import and movement requirements, with appropriate amendments to reflect the UK’s withdrawal from the EU.

Scottish Ministers have decided to introduce separate legislation in Scotland and their equivalent legislation will include the existing risks, and thus give effect to UK-wide arrangements. Even though plant health is devolved, the devolved Administrations have worked closely in developing their EU exit legislation to ensure a co-ordinated approach. As a result, these regulations apply to England, Wales and Northern Ireland, with the equivalent arrangements in Scotland. In practice, this means we have a common list of regulated pests and plant material across the UK on exit day that remain the same as in our existing list, which transposes the EU’s list of harmful pests and material.

The instrument also sets out amendments to deal with technical deficiencies and retain directly applicable EU legislation to ensure plant health legislation operates effectively. For example, it provides derogations to facilitate the import of specified material, such as bonsai plants from Japan, to ensure this trade can continue under the same conditions after exit. Similarly, the instrument sets out the actions required by UK plant health authorities in England, Wales and Northern Ireland to control certain pests, such as Xylella fastidiosa, in the event of outbreaks—not that we want an outbreak of that. For this instrument, the plant health authority is the Secretary of State in relation to England; the Welsh Ministers in relation to Wales; and the Department of Agriculture, Environment and Rural Affairs in relation to Northern Ireland. The forestry commissioners are the relevant authority for timber and forest pests in England.

Technical expertise and advice to Ministers, as well as actions to control outbreaks, will continue to be provided by Government officials and agencies, including the Animal and Plant Health Agency. Our long-established UK plant health risk group provides a good example of how the UK’s plant health authorities and agencies work together to develop specific technical and scientific advice to UK Ministers on managing risks to plant health. This instrument is necessary to ensure that an operable legal framework is in place for exit day and to facilitate the flow of goods, while preserving the current plant health regime’s overall aim of preventing and managing pest disease and disease threats. I assure the Committee that Welsh Government Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland have given their consent for this instrument.

The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 are complementary, as I indicated. The existing orders set out obligations on businesses on the control and management of plant health risks arising from the import from third countries and movement within the EU single market of plant material in order to protect biosecurity and the £8 billion value of plant material. As I have set out, the instrument amends the existing orders to address technical deficiencies and inoperability issues relating to retained EU law on plant health. The key point of this second instrument is that it provides clarity to businesses on the requirements that they need to meet and the authorisations and checks they will be subject to when importing or moving regulated plants and plant products. As is set out in the other regulations, they will set out the list of pests and diseases in plant material that is subject to regulation.

I should make clear that, although businesses will see some changes to import arrangements, those are risk-focused, avoiding unnecessary new burdens while, importantly, preserving the current plant health regime’s overall aim of preventing the introduction and spread of pest and disease threats. They do not in any way diminish our controls in this important area and seek to protect biosecurity, while continuing to facilitate trade in plant material.

As I have said, the purpose of the regulations is to correct technical deficiencies—for example, revising definitions to be UK-based instead of EU-based. The instrument also transposes provisions in certain Council directives in relation to the control of relevant potato pests. The aim is to provide clarity to third countries that, following exit, the UK will continue to maintain the same control over the production of potatoes.

There are two aspects in the instrument in relation to the changes to import arrangements that I highlighted. First, regulated plant material that currently enters the UK from the EU or Switzerland with an EU or Swiss plant passport will in future require a phytosanitary certificate, in line with international obligations. This applies mainly to plants for planting and will ensure that we maintain the biosecurity assurances currently provided by the EU plant passport regime once we leave. In order to maintain the flow of goods, this regulated plant material from the EU or Switzerland will not be subject to routine physical checks at the border. That recognises that biosecurity risks from such material do not change immediately on exit day.

Secondly, businesses wishing to bring third-country regulated goods, such as tomatoes from Morocco and cut flowers from Israel and Turkey, into England via the European Union and through roll-on/roll-off ports in England will be required to facilitate plant health checks, which will take place inland at approved premises prior to their release. These new inland checks are necessary to maintain the biosecurity assurances currently provided by checks at the EU border given that other EU member states will no longer be required to carry out those checks on goods in transit for the UK after we leave the European Union.

[Mike Hill (Hartlepool) (Lab)]

On a point of clarification, by “plants”, does the Minister also mean trees? I have recently met with the Woodland Trust, which is very concerned about diseases such as ash dieback. They want to properly protect our indigenous species, and this is the way to go about it.

[Dr Coffey]

Yes, I do. The forestry commissioners will be the relevant authority in that regard. The majority of ash dieback issues are blown in, so there is nothing we can do about that anyway. The key issue for us is to protect our domestic forests and woodlands from biosecurity risks.

The direct cost on businesses arising from these changes to import arrangements is expected to be low. Officials have held discussions with key stakeholders on the development of our approach to this instrument and the changes to import requirements, and they continue to engage with businesses to support preparation for day one changes.

This instrument also provides for a system of UK plant passports to replace EU plant passports to maintain existing safeguards, to protect biosecurity from the trade in regulated plant material within the UK. The costs and burdens on businesses using plant passports should not change.

The other amendments are: a new offence in relation to the new import regulations just outlined; a new offence to force any failure by businesses or landowners to comply with pest control measures specified in a statutory notice in demarcated areas where there is a pest outbreak; and consequential minor amendments to inspection fees. These regulations apply to England only. Wales, Northern Ireland and Scotland will hold separate equivalent legislation just as they do now. This second instrument is necessary to ensure that an operable legal framework is in place for exit day to facilitate the flow of goods while preserving the current plant health regime’s overall aim of preventing and managing pest and disease threats.

--- Later in debate ---

[Dr Coffey]

I thank the hon. Member for Ipswich for his questions. There has been direct engagement with stakeholders. Officials prepared for that in anticipation of what was needed.

The hon. Gentleman referred to databases. There is some precedent for third-country access to EU notification systems, which we will seek to negotiate with the European Union. However, we have contingency plans for the eventuality that we lose access to such notification systems. We are developing our own database to capture the details of interceptions and incursions from day one to inform our decision making. All EU systems have publicly available elements, which the UK will continue to be able to access after EU exit, but it is our intention to continue proactively to share information with the European Union.

Our dedicated UK-wide risk and horizon-scanning team will continue to gather intelligence on plant health risks and tree health risks, including from other organisations, agencies and networks, and by increasing bilateral relationships with key trading partners and nearest neighbours. Functionality has been added to the UK-owned and run plant health portal to replace some of the EU notification system functions.

On the hon. Gentleman’s question about transit, it is not the case that we will reduce quality in that regard. I am not sure where he was informed that we will not check goods until they get to their destination. There should be approved premises inland. That is done deliberately to recognise that products will be transported safely in a roll-on/roll-off situation—usually in a container. It is fair to say that we need to anticipate that that may initially require some higher level of inspection, but I know that APHA is recruiting. I am trying to recall how many people—I have the figure 30 in my head—but perhaps officials can provide me with the number, which they informed me of the other day but I regret I do not have instantly to hand.

Our focus for day one is those goods that have been deemed a plant health threat and are covered by the EU plant passport system. At present, those goods are not systematically checked when imported, but the businesses dispatching them must ensure that they meet certain requirements and must be officially authorised and audited on a regular basis. In future, those goods will be accompanied by a phytosanitary certificate, an official document issued by the relevant national plant protection organisation confirming that prescribed requirements have been met. Those requirements will be the same as under the plant passport scheme, and a phytosanitary certificate will be required for each consignment exported.

That will require a greater level of official oversight than is currently necessary under the plant passport scheme, but it is necessary to meet our international obligations. We will continue our risk-based programme of inland surveillance as a further check that such requirements are being met.

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

Can the Minister say a bit more about physically where those checks will occur and how long they are likely to take?

[Dr Coffey]

I do not have a list of the premises to hand. I do not know whether my officials have one, but if they cannot provide me with that information before the Committee rises, I will write to the Committee with it.

[Sandy Martin]

Will the Minister give way?

[Dr Coffey]

No, because I am trying to finish my answer to the hon. Member for Bermondsey and Old Southwark. I am very conscious that different elements of checks will be required. I have been informed by officials that 227 extra officers have been recruited to facilitate the inspections that we believe may be necessary.

If the hon. Member for Ipswich would like to intervene now, he would be very welcome to do so.

[Sandy Martin]

I apologise if I have misunderstood the advice in the explanatory memorandum, but I was under the impression that importers would be able to register their premises. That was the basis on which I was talking about the destination of imports. Clearly, the Government do not control how many premises are registered—unless, of course, they decide not to register them, in which case they will have a problem, because people will no longer be able to import.

[Dr Coffey]

I have since been informed by my officials that the hon. Gentleman is correct in his assertion. The location of these centres around the country will vary, but the total of 227 APHA full-time equivalents is a significant increase. I think it is nearly double the current number. They will be able to undertake those additional controls. Forestry commissioners currently have about 10 FTEs, and they will be increasing that by a further five in order to be able to undertake the work for tree imports.

It is important to note that it is mainly plants and trees that will be planted, rather than fruits, vegetables and flowers, which will largely be able to continue to enter the UK freely from the EU. To give some assurance to the Committee, it is important to say that it is not the case that people will just be able to self-register premises. Recognising how important it is to protect the biosecurity of this nation, APHA inspectors will need to approve those premises in advance. I do not think that somebody’s back garden can suddenly become an import, unless it is so perfect that APHA agrees that it is necessary—well, it could be a very fancy back garden, I suppose.

The hon. Gentleman asked about training and a better training programme. I have already outlined that we will have additional plant health inspectors and additional Forestry Commission inspectors. We will be working with the industry, including the Horticultural Trades Association, to develop a plant health assurance scheme that will include training. I am confident that that programme will work well.

I have already answered the question about databases, and I have tried to answer the question about transit in the third country. We do not have data on the volume of EU transit trade, as regulated goods from third countries are currently checked at the first point of entry into the EU, after which they move under single market arrangements. However, APHA estimates that there are about 14,500 consignments from third countries that transit the EU for entry to the UK. That reflects the substantial increase in the number of plant health inspectors, who are already being recruited.

I have tried to answer all the questions, but I keep being sent more information so I will not have to write to the Committee. So far, about 25 businesses have been improved for the inland facilities check. APHA estimates that a maximum of about 100 will be considered eligible. It will be for businesses to decide whether they want inspections for the non-roll off. Felixstowe is one of the major areas and it already carries out such checks at the border. It will be for businesses to decide if they want to change the situation, but in my experience as the local MP for Felixstowe, one of the major ports, there is no reason why we would expect businesses to change that regime.

My noble Friend Lord Gardiner is responsible for biosecurity. I know of nobody who is more passionate about trying to ensure that we prevent all these different diseases from entering our country. My right hon. Friend the Secretary of State wrote to the Commission about, and the Department for Environment, Food and Rural Affairs worked with the Commission last year on, trying to get more checks on Xylella fastidiosa, because there is a genuine worry about that coming up, in particular from Italy. We are desperate to ensure that it does not cross into the United Kingdom. Our scientists believe it is only a matter of time with regard to how some of these things might get travelled, but we know that the number of species it affects keeps rising; at one point it was 50, but now it is considerably higher. I assure the Committee that we will continue to press the case on ensuring that we have biosecurity.

[Neil Coyle]

On that point, will the Minister give way?

[Dr Coffey]

I really feel that I have answered all the questions about the regulations, as opposed to broader policy.

[Neil Coyle]

My intervention is linked to my previous question. The Minister mentioned the 14,500 potential checks and 25 extra sites to prevent that disease and others from coming in. I assume the experts know how long these checks are estimated to take. Given the doubling of the workforce required to do that, how much will it cost?

[Dr Coffey]

I do not have the cost to hand. I have not been given the costs of the extra staff to do that. [Interruption.] I do not have a value for how much it costs today. The issue is part of Lord Gardiner’s portfolio, and if he were here I expect he would give the answer in a second. If the hon. Gentleman really wants me to find out the costs, I will do so. I am not sure when I will be able to get that information to him, but I will write to him and the Committee.

I think I have answered all the questions about the draft regulations, Mr Varma, and I hope the Committee will agree to them.

[The Chair]

I am not offended, but my name is Mr Sharma.

[Dr Coffey]

I am sorry.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Plant Health (EU Exit) Regulations 2019.

Draft Plant Health (Amendment) (England) (EU Exit) Regulations 2019

Resolved,

That the Committee has considered the draft Plant Health (Amendment) (England) (EU Exit) Regulations 2019.—(Dr Thérèse Coffey.)

Draft Detergents (Amendment) (EU Exit) Regulations 2019 Draft Detergents (Safeguarding) (Amendment) (EU Exit) Regulations 2019

Baroness Coffey Excerpts

Tuesday 12th March 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I beg to move,

That the Committee has considered the draft Detergents (Amendment) (EU Exit) Regulations 2019.

[The Chair]

With this it will be convenient to consider the draft Detergents (Safeguarding) (Amendment) (EU Exit) Regulations 2019.

[Dr Coffey]

It is a pleasure to serve under your chairmanship, Ms Buck. The first statutory instrument relates to reserved matters. The second SI relates to devolved matters, and the devolved Administrations have consented to that SI. Devolved Administrations have also been involved in the preparation for and discussions about the first SI.

This is one of a number of affirmative SIs to be considered as the UK leaves the European Union, as provided for by the result of the 2016 referendum and as subsequently agreed by Parliament. In line with the European Union (Withdrawal) Act 2018, the regulations simply make technical, legal amendments to maintain the effectiveness and continuity of the legislation that controls the placing on the market of detergents and that would otherwise be left inoperable so that, following our exit from the EU, the law will continue to function as it does today.

As the Committee will see, these SIs make many adjustments, but I can assure the Committee that they represent no change of policy and will not have any impact on businesses or the public.

The territorial extent of this provision is the United Kingdom, and the provision applies to all of the United Kingdom. Health and Safety Executive officials engaged with representatives of the main trade association with an interest in detergents and cleaning products, and no particular concerns were expressed at that time in relation to detergents.

The EU regulation on detergents establishes common rules to enable detergents and surfactants to be sold and used across the EU. Technical changes are made in these instruments to ensure the continuation of standards and requirements in relation to the placing on the market of detergents and to provide clarity for manufacturers.

Regulation 1 of the first SI makes introductory provision, including for the commencement date. In part 2, regulation 2 amends the domestic Detergents Regulations 2010, which provide for enforcement of the EU detergents regulation and related penalties. The amendments make corrections to the domestic regulations to reflect the fact that they will now be cross-referring to retained EU law, rather than a directly applicable EU regulation.

Part 3 of this SI amends EU detergents regulation EC 648/2004. Regulation 3 of the SI defines terms used throughout the instrument. Regulations 5 and 6 remove references to the free movement of detergents in the EU internal market and to the Union customs territory in articles 1 and 2. Regulation 7 refers to changes to article 3 that cross-refer to a number of other pieces of EU legislation, some of which are out of date and are updated through this instrument. Provision about manufacturers of detergents being established within the Community is omitted. After exit, a manufacturer established in the UK will no longer be an operator established in the EU, and as a consequence it would not be appropriate to have that as a requirement.

Regulations 8 and 9 amend articles 5 and 6 on the derogation provision. If a surfactant passes the primary biodegradability test but fails the ultimate biodegradability test, the manufacturer can apply for derogation, which the Commission has a power to consider granting for a product in line with certain criteria. That function is to be transferred to the Secretary of State.

Regulation 10 amends article 7, transferring functions of the Commission. The Secretary of State will have power to determine disputes about testing methods for a product, taking expert advice as appropriate. Provision is included for the manufacturer to appeal that decision by the Secretary of State to a domestic court.

Regulation 11 amends article 8 about the duties of the member states to notify to the Commission the list of approved laboratories that are authorised to carry out the tests required by the regulation. Provision is made so that tests required by the regulation may be carried out by approved laboratories, and there is a requirement for the Secretary of State to publish that list. In practice, the HSE will publish the list, as it undertakes the regulatory work under an agency agreement with the Department for Environment, Food and Rural Affairs.

Regulation 12 amends article 9 on the information to be provided by manufacturers. Paragraph 3 of article 9 requires that manufacturers placing detergent products on the market shall make available an ingredient datasheet, and provides that member states may request that such a datasheet be made available to a specific public body to which the member state has assigned the task of providing the information to medical personnel. The article is amended to refer specifically to the National Poisons Information Service or any other such body that the Secretary of State or the devolved Administrations may assign for that purpose. The NPIS already undertakes that role across the United Kingdom.

Regulation 13 amends article 10, on control measures, to ensure the compliance of detergents with the provisions of the regulation. The Secretary of State must make a decision as to whether a test concerned produced a false positive result. Advice to the Secretary of State will be provided by HSE, which is already well established in this area. An appeal provision for the manufacturer is provided. Regulation 14 amends article 11, on labelling, to provide that the information specified in this article must be in English. Regulation 15 omits article 12, which is no longer appropriate as it is an EU institutional working procedure.

The power of the Commission under article 13 to adapt the annexes to the regulation in line with scientific and technical progress is transferred to the Secretary of State by regulation 16. The Secretary of State will be able to do so by making a statutory instrument. Regulation 17 omits article 13(1), on the power of the Commission to adopt delegated Acts, and article 14, which contains provision about the free movement of detergents within the European Union. Regulation 18 omits article 16, on the Commission’s reporting assessments of the regulation to the European Parliament and Council. That refers to reports that the Commission had to have completed by 2014 and 2016. Regulation 19 omits article 17(4), which provides for repeal by member states of transposing measures for superseded directives on detergents. In effect, this is a legal tiding up exercise for what will be retained EU law.

Regulation 20 omits article 18, which requires member states to prescribe penalties for infringements of the regulation. Enforcement mechanisms for the UK were set out in the Detergents Regulations 2005. Regulation 21 inserts a new article 18A into the retained EU version of the regulation on appeals. With regard to determinations on testing, provision is included for the manufacturer to appeal that decision by the Secretary of State to a domestic court. Regulation 22 amends article 19, which is a standard provision about entry into force of the regulation.

Regulations 23 to 29 amend annexes 1 to 8 to the regulation. The annexes to the regulation contain technical detail, such as the required detail of the labelling and ingredient datasheet, as set out in annexe 7, and labelling provisions for consumer automatic dishwasher detergents, as set out in annexe 7B. The annexes contain references to various technical standards and other pieces of EU legislation and are being amended to make them operable, such as by removing references to member states. Out-of-date references have also been updated.

The draft Detergents (Safeguarding) (Amendment) (EU Exit) Regulations 2019 have been tabled on behalf of the four Administrations. The safeguard clause was introduced for member states to take provisional measures in relation to those detergents which, while fully compliant with the EU regulation, were deemed to pose a risk to the safety of humans, animals or the environment. Currently, member states intending to use the safeguard clause must immediately inform the Commission, documenting their reasons. The safeguard clause in article 15 of the detergents regulation is amended by the draft instrument, otherwise it would be an inoperable part of retained EU law because, as it stands, it refers to member states and the European Commission. It is amended to reflect arrangements in domestic law.

Regulation 1 of the draft instrument makes introductory provision. Regulation 2 provides a definition of terms used throughout the draft instrument. Regulation 3 amends article 15 of the detergents regulation. The Secretary of State and the devolved Administrations will have the full powers currently held by the European Commission and member states to initiate safeguarding action across the UK in relation to detergents. The Secretary of State and the devolved Administrations—where the matter is devolved—will be able to take urgent, temporary restrictive action in relation to products through this amended safeguard clause.

The draft instruments address technical deficiencies, do not introduce new policy and preserve the current regime, therefore providing legal clarity, certainty and continuity to businesses and the public. I commend them to the Committee.

--- Later in debate ---

[Dr Coffey]

In response to the hon. Member for Falkirk, I have not had direct representations from the detergents industry specifically, but as I shared with the Committee, HSE has had those discussions and seems content—this is about business continuity.

I assure the hon. Member for Ipswich that we will not relax environmental standards. There is no need to do so. I am not aware that the derogation is being used in this country, and I think it is probably only rarely used across the European Union. I do not anticipate a sudden flurry of applications given that, as he said, many manufacturers will want to ensure that their products can be sold as widely as possible.

Discussions are happening on future divergence and mirroring EU laws. In essence, as has been said, particularly in respect of the withdrawal agreement, Parliament will have to make those choices. It is not the case that measures will go through automatically—I anticipate that we will vote on those matters. What does future divergence mean? I will not rule out future divergence—that is a decision for future Parliaments—but I anticipate that most businesses whose main market is other parts of the European Union will follow the market, as long as a product is acceptable in this country. They will always have to comply with the rules of the European Union if that is the market in which they wish to sell.

On HSE and additional requirements, HSE already does the work and we believe that any additional work will be minimal. In effect, this is the day job—HSE already undertakes those obligations on our behalf as an agency contracted into the Department of Environment, Food and Rural Affairs.

I have covered the questions asked by the hon. Gentlemen, and therefore believe we can agree the SIs.

Question put and agreed to.

Draft Detergents (Safeguarding) (Amendment) (EU Exit) Regulations 2019

Resolved,

That the Committee has considered the draft Detergents (Safeguarding) (Amendment) (EU Exit) Regulations 2019.—(Dr Thérèse Coffey.)

Rivers Authorities and Land Drainage Bill (First sitting)

Baroness Coffey Excerpts

Committee Debate: House of Commons
Monday 11th March 2019 Public Bill Committees

[Luke Pollard]

I thank my hon. Friend for that. It is worth saying that, even though the Committee has a south-west majority, those people with a south-west link, even if they represent a different part of the country, are very welcome as well.

That question relates to the patchwork quilt of responsibilities that is the underlying context for rivers authorities. How will these new authorities work with different local authorities? My hon. Friend is entirely right that we are moving to an era where we want fewer carbon-intensive end-of-pipe solutions, which are both expensive for those who pay for them and have a large carbon impact in their construction. Lower-carbon interventions, such as the re-wetting of peat bogs or the planting of more trees, are frequently required in an area other than where flooding takes place. I would be grateful if the Minister addressed that.

Proposed new section 21F provides powers to acquire and dispose of property. I am working on the assumption that those powers will be deployed in the same way as local councils deploy them at the moment, with authority and judgment. I would be grateful if the Minister set that out for the record. I am interested to know whether the Minister is confident that the Secretary of State’s framework under proposed new section 21G will not inhibit the autonomy of rivers authorities in relation to how those powers are implemented.

On proposed new sections 21H and 21A, we hope that rivers authorities will be a success and that there will be no need to abolish them, but it is useful to look ahead at all scenarios when creating them in the first place, so what criteria will there be for abolishing a rivers authority? Will there be any scrutiny or appeals in relation to that? A concern from time spent observing the coalition Government is that many bodies were swept away and some of the people who relied on those bodies did not have a say in the process, so I would like to understand how that might work.

It is important, when we talk about flooding, to recognise that with the advent of additional flood planning when new developments come through, those new developments are well protected, but bringing forward flood defences for new developments sometimes means that communities that were not previously affected by flooding now will be. It would be useful to get a sense of how rivers authorities, which will look at flooding in the wider sense, will have an eye on not only the area that they cover, but the impact of their work on other areas.

We have no opposition to the clause, but I would be grateful if those questions could be clarified.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

It is a pleasure to serve under your chairmanship, Mr Bailey, and I thank all hon. Members present for taking an interest. The Government support the Bill and all the clauses and amendments that will be discussed today.

It is fair to say that the creation of the rivers authority came about because of the situation in Somerset. To answer the question about pilot authorities, Somerset has effectively had a shadow rivers authority running, so I would expect any learnings to be taken from what has happened there to other councils. If communities wish to come forward and take advantage of these powers, we will consider them, but as it stands the only expression of interest so far is from Somerset, which is the reason the Bill has arisen.

It is worth pointing out to the Committee that one of the reasons for creating this wider opportunity for other people to come forward was to avoid the political difficulty of what is called a hybrid Bill to create a specific authority, which can take anywhere between five and 10 years to get through, if it ever does. The Bill provides that opportunity, but it is not the Government’s intention to go around proactively creating rivers authorities. However, the door will be open if there is local support to do that.

Quite a lot of the powers will be set out in regulations. My hon. Friend the Member for Somerton and Frome talked about the majority of members being from the local authorities comprising the rivers authority. It could be the case that every single member is from those local authorities, but it might make sense to put the Environment Agency on as a member. That will vary from area to area. As things stand, that level of detail has yet to be discussed with the councils from Somerset, but it is something that the Government are open to and it is important that we have that consultation discussion up front.

On the coastal situation, obviously Somerset has a coast. The Bill is intended to address the issue that was identified of a special coming together of a series of rivers, particularly in the levels, which can create a particular situation. All of those rivers are in Somerset and do not go across authorities. However, in answer to my hon. Friend the Member for North Devon, a rivers authority would be required to complement and work with neighbouring areas, as he would expect.

It is important to point out to the hon. Member for Leeds North West that these areas can cover more than one local authority area, so a rivers authority could go across borders if it was deemed appropriate by the councils that wanted to take it forward. The Bill is not prescriptive about there being only one local authority; as I say, there will be ongoing collaboration. I stress that this is not about trying to replace things, but about complementing what already exists by pulling together this new authority concept, which can have a separate precept on a council tax bill. In order to have that privilege, of course the rivers authority will be subject to the elements of local government legislation that were set out.

I do not think that public access to meetings is written into the Bill, but if it were necessary and it needed to be in legislation, I am sure it could be put into the statutory instrument that will be required to create the Somerset Rivers Authority. In effect, the authority would be subject to investigation by the local government ombudsman for England, so protections are in place to ensure there is accountability.

--- Later in debate ---

[David Warburton]

I am grateful in many ways to my hon. Friend for his exceptionally important intervention. He is absolutely right that the drainage boards do tremendous work and are vital. We are lucky to have them. One of the important things about the Bill is that it will facilitate other places’ setting them up—something which they are unable to do at the moment.

In total there are 112 internal drainage boards across England, which cover some 1.2 million hectares—around 10% of the land. The work they do protects 600,000 people and nearly 900,000 properties. They operate and maintain over 500 pumping stations and 22,000 km of watercourse, which is slightly further than from this room to New Zealand. Those are incredible numbers, but there is scope to increase that local support and allow more of the country to benefit. However, to enable this support to be available where it is wanted and where it is appropriate, the Land Drainage Act 1991 needs to change.

Internal drainage boards are funded by the areas they serve. Drainage rates are paid by agricultural landowners, and the special levy is paid by local district or unitary councils, which in turn recoup these costs. Under the Land Drainage Act 1991, the proportion of IDBs’ expenses raised by drainage rates is equal to the agricultural proportion of land values in an internal drainage district. In turn, the proportion of expenses raised by the special levy is proportionate to the value of all other land in the internal drainage district.

The calculations that IDBs are required to carry out, in order to apportion the payment of their expenses between the drainage rate and the special levy, depend on an assessment by each IDB of the relative value of agricultural land and buildings, and the value of other land. However, the assessment of the value of other land in internal drainage districts currently depends on data from 1990, which, unfortunately, in many instances is missing or incomplete. This prevents the creation of new IDBs or the expansion of existing ones.

This part of the Bill amends the Land Drainage Act 1991, to enable new data to be used by internal drainage boards when calculating the value of other lands, if they elect to do so, thereby addressing the current barrier to creating or expanding IDBs. Clause 2 amends section 37 of the Land Drainage Act 1991 to enable the Secretary of State to make regulations that provide an alternative methodology for calculating the value of other land. The regulations will be made subject to the affirmative procedure. In the new regulations, the Secretary of State will be able to provide a methodology for calculating the value of other land by making use of data that is not only available and complete, but more up to date.

Among other things, proposed new subsection (5ZB) of the 1991 Act will allow the regulations to make provision about methods to be applied or factors to be taken into account in valuing other land. This proposed subsection allows the regulations to provide for internal drainage boards to elect to have the regulations apply to them and to specify a procedure for making such an election. The IDBs would not have to adopt the new methodology; the Bill provides them with the ability to adopt it if they wish. That benefits those that do not wish to change their procedures; if they do nothing, nothing will change.

IDBs will need access to information from the Valuation Office Agency—the executive agency of Her Majesty’s Revenue and Customs—to calculate the value of other land using a new methodology set out in regulations. Clause 3 provides a power enabling the VOA to share revenue and customs information with IDBs—

[Dr Coffey]

I encourage my hon. Friend to leave the IDBs for the next part of his speech.

[David Warburton]

Before speaking to clause 3, I need to address amendment 1—which I was just about to do, obviously. Since I introduced the Bill, new data protection legislation—the Data Protection Act 2018—has come into force, and the amendment updates the Bill to reflect that. Rather than simply changing the year of the Act mentioned, the amendment refers to data protection legislation as defined in section 3 of the 2018 Act, which means that it incorporates other related and relevant data protection legislation, including the general data protection regulation and related secondary legislation.

Returning to clause 3, proposed new section 37A(5) of the 1991 Act enables the appropriate national authority—the Secretary of State or Welsh Ministers—to update and/or amend references to qualifying persons and/or qualifying purposes by regulations to be made under the affirmative procedure. Proposed new subsection (8) ensures that such regulations may be made only with the consent of the commissioners for HMRC.

New section 37B provides restrictions on onward disclosure of Revenue and Customs information. In essence, all onward disclosure is prohibited unless it meets certain criteria, as set out in subsection (1). Subsection (2) sets out the circumstances under which information may not be disclosed by the VOA without the consent of the commissioners for HMRC. It is an offence if a person contravenes the first two subsections by disclosing information relating to a person whose identity is specified in or can be deduced from such a disclosure, as is set out in subsection (4). The associated penalty of imprisonment, a fine or both is set out in subsection (6). Finally, new section 37C sets out further provisions about disclosure of information under the previous new sections, such as the conditions under which the data issued by the VOA would be exempt from the Freedom of Information Act 2000.

While clause 2 amends the Land Drainage Act 1991 in respect of calculating the value of other land, clause 4 makes amendments in respect of calculating the value of chargeable land—namely, agricultural land and buildings. Clause 4 inserts new section 41A into the 1991 Act, enabling the Secretary of State to make regulations, again by the affirmative procedure, to establish an alternative methodology for calculating the value of chargeable land. Although the issue of missing or incomplete data does not affect the 1991 Act’s method for calculating the value of chargeable land, the change is necessary to reduce the risk of imbalance on either side of the apportionment calculation. The Secretary of State will be able, within the new regulations, to provide a new methodology for calculating the value of chargeable land that makes use of more recent data than that dating back some 30 years.

New section 41A(3) allows the regulations to make provision about the methods to be applied or the factors to be taken into account in valuing chargeable property, including land. As before, subsection (9) allows the regulations to provide for IDBs to elect that the regulations apply to them and to specify the procedure for making such election. As I mentioned in respect of clause 2, that means that they can determine whether to adopt the new methodology and, if they do not wish to do so, nothing will change. Together, the changes will enable new, complete, available data to be used to provide alternative, fair methodologies for the calculations, which fairly apportion payment of IDB expenses between the drainage rate and the special levy.

--- Later in debate ---

[Matt Warman (Boston and Skegness) (Con)]

I will be brief and will begin, as others have, by congratulating my hon. Friend the Member for Somerton and Frome on bringing the Bill forward. When a number of constituents wrote to me urging that I support it, I wrote back confident that it would face either the chop or the Chope. However, it has got through, which we should all be grateful for. According to the Association of British Insurers, my constituency is the most likely in the country to flood, and in 2013 it did so, which is why the Minister is spending £100 million on a flood barrier for it. I am as grateful for that as I am for the five IDBs that work in my constituency.

I want to ask two brief questions. First, the Bill is clearly aimed at the south-west, and I will not pretend for a moment that I begrudge that. However, I would like some reassurance that the IDBs in my constituency that work so well together could, if they wanted, avail themselves of the opportunity to form a rivers authority. Would the Government look favourably on that sort of thing? I say that without wishing to indicate that those IDBs necessarily want to do so, but that option is working well for Somerset in its shadow form and will hopefully work well in the future. I would like to think that we, too, could have that potential benefit.

Secondly, as the expansion of areas that are rated for IDBs is permitted elsewhere in the country, and since we all know that drainage boards work and that their benefits often extend well beyond the areas that pay for them, I hope that the expansion of IDBs will reach not just Somerset but other areas. Unfortunately, councils such as mine in Boston are often affected financially by necessary and sensible rises in drainage rates filtering through to their bottom line. That effectively means that borough councils cannot responsibly raise taxes as much as they wish to, because the 2% cap on council tax might be disproportionately taken up by that rise in drainage rates. A rivers authority is one way of solving that problem, but it strikes me that it is not the only way.

I commend this excellent Bill, and the excellent Member who has brought it forward. I hope that he and the Minister will be able to tell me that it is not only the south-west that will benefit from it.

[Dr Coffey]

To answer the hon. Member for Plymouth, Sutton and Devonport, internal drainage boards operate in a quite different way. Effectively, cash comes from local councils, which appoint people to them, and there are people who have to pay the drainage rates—that relates to agricultural land. They carry out their own elections and make decisions together. The local businesses will be ones that are concerned with agricultural land, and they run their own election process. I hope that that provides the hon. Gentleman with some reassurance.

I am conscious of the issue raised by my hon. Friend the Member for Boston and Skegness that there is not a separate way of accounting for the item in question on the council tax bill. I am sure he recognises that it is not possible under the Bill to change the existing arrangements by which councils might want to show clearly how money is raised, or, indeed, other aspects of the referendum. However, I assure him that if people in his area, working with the councils, want to come forward on the matter of a rivers authority, it would be open to them to do so if they believed that the benefits would outweigh those of their current arrangement.

I reiterate that the Government support the changes. In my area the East Suffolk internal drainage board operates exceptionally well and, with the de-maining pilot, will take on further responsibilities for certain rivers in the area, with no extra cost to councils or indeed agricultural landowners. I believe that IDBs are generally a force for good. They are a key part of the Cumbria flood action plan.

[Rebecca Pow]

I thank the Minister for injecting her expertise and local knowledge into the debate. Does she agree that the Somerset IDBs do a complicated job representing landowners, as well as a great job on the conservation front? What is amazing about the Somerset levels is that they are an internationally famous wetland site and the largest area of lowland wetland grassland in the UK. Huge populations of wading birds come there. We have three IDBs in Somerset and they have just jointly produced a biodiversity action plan. It is all part and parcel of why we need to control the water and why the Bill is so important. It is not just about people and businesses, but about wildlife.

[Dr Coffey]

My hon. Friend makes an important point, which just goes to show how committed farmers and landowners are to improving and enhancing the natural environment in whatever way they can. The flow of water can have a significant impact on nature, and not only in landlocked areas. Members with coastal constituencies will be aware of saltmarsh and intertidal habitats that are critical for the conservation of many special species. I agree with my hon. Friend and support the work going on in Somerset.

[David Warburton]

I am grateful to the Minister for fielding all the questions so well. My hon. Friend the Member for Taunton Deane is well known as a passionate advocate of environmental matters. She is right that the Somerset biodiversity action plan is exciting and that the IDBs will play an integral part in ensuring that our splendid Somerset heritage is maintained.

--- Later in debate ---

[The Chair]

May I say that the Public Bill Office has that message?

[Dr Coffey]

The Government support the Bill.

Draft Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

Baroness Coffey Excerpts

Thursday 7th March 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I beg to move,

That the Committee has considered the draft Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019.

It is a pleasure to serve under your chairmanship, Mr Austin. The need for the statutory instrument arises as the UK leaves the European Union, as provided for by the result of the 2016 referendum and as subsequently agreed by Parliament. In line with the European Union (Withdrawal Act) 2018, the regulations simply make technical legal amendments to maintain the effectiveness and continuity of UK legislation that would otherwise be left partially inoperable, so that following our exit from the EU, the law will continue to function as it does today. I assure the Committee that the adjustments represent no change in policy and will have no impact on businesses or the public.

The matters under consideration are devolved, but the four Administrations have agreed to make most of the necessary changes through the statutory instrument, so its territorial extent and application is the United Kingdom. That said, the following amendments do not cover the whole United Kingdom.

First, in part 2, the Environmental Protection Act 1990, which is amended by regulations 2 and 5, does not extend or apply to Northern Ireland. Secondly, Council decision 2003/33/EC, which is amended by regulation 15, does not form part of retained EU law in relation to Scotland, as the requirements of that decision have previously been implemented directly in Scottish domestic legislation. Thirdly, of the new reporting requirements that replace the existing reporting requirements to the Commission, which I will cover later in my speech, a particular example refers to England only, as the devolved Administrations did not want that duty to apply to them in the instrument. We have worked with the devolved Administrations during the drafting of the instrument. They have all given their consent, as has the Scottish Parliament.

The instrument covers the waste management areas of waste batteries and accumulators, end-of-waste criteria, packaging waste, end-of-life vehicle destruction certification, landfill acceptance criteria, the classification of hazardous waste, the management of waste from extractive industries, and calculation methods for verifying compliance with recycling targets under article 11.2 of the waste framework directive.

To ensure operability, the instrument will make amendments to three waste-related Acts of Parliament and 14 related EU regulations and decisions. More broadly, as has often happened with such statutory instruments, a large number of the changes are due to amending references to the European Union, EU institutions and EU administrative processes to make them refer to their domestic equivalents in the UK, and to updating legal references to refer to relevant domestic legislation.

[Neil Parish (Tiverton and Honiton) (Con)]

I thank the Minister for giving way and assure her that I will not keep her long. The end-of-life vehicles directive puts a sum of money in place to dispose of vehicles. Naturally, the statutory instrument only passes the legislation from European to British law, but further down the road, I would like the Minister to consider the cost of scrapping vehicles. Perhaps electric vehicles and hybrid vehicles could have a lesser charge, which would be yet another way to encourage people to use electric vehicles so that we improve our air quality in the long run.

[Dr Coffey]

My hon. Friend makes an interesting policy point, but he will recognise that the purpose of the instrument is not to generate new policy at this stage. That will be a matter for a future separate debate. I fully understand where he is coming from—he mentioned the matter in the Environment, Food and Rural Affairs Committee yesterday—but to keep the debate relevant to the statutory instrument, I suggest we talk about it another time.

[Neil Parish]

I understand.

[Dr Coffey]

A significant part of the instrument addresses the way in which references to EU directives will be applied after exit day. I now turn to the detail of the changes that are being made through the instrument.

In part 2, regulations 2 and 3 effectively bring references to the waste framework directive up to date with respect to part II of the Environmental Protection Act 1990 and the Waste and Emissions Trading Act 2003. That is enabled by section 2(2) of the European Communities Act 1972. Part 2 of the draft regulations therefore brings our existing regulations up to date with the correct references.

Part 3 comprises the substantial changes needed to make the retained law operable, with respect to primary legislation, after exit from the EU. That is the element directly relevant to the withdrawal Act. Regulation 4 considers the Control of Pollution (Amendment) Act 1989, which contains a specific power for the Secretary of State to exempt—by secondary legislation—a waste carrier operating in the UK from the need to be UK registered, based solely on meeting the legal requirements in other EU member states. That power has never been used and will be redundant upon exit so we are revoking it, but the existing general power to exempt registering when prescribed conditions are met will remain. I emphasise that all carriers operating in the UK will still need to meet the requirements set by UK competent authorities.

Regulation 5 inserts new section 75A into the Environmental Protection Act. The new section clarifies how the waste framework directive will be applied after exit to maintain the existing effect and operation of the law.

Regulation 6 contains two strands of amendments to the Waste and Emissions Trading Act 2003. Regulation 6(2) amends section 1 of that Act. It omits subsection (2), which referred to landfill targets contained in article 5.2 of the landfill directive, as those targets are already set out in domestic legislation. Subsection (4) is also amended to require the Secretary of State to consult the appropriate devolved Administration for each part of the UK before setting any new landfill targets or amending existing ones. That fully respects the devolution agreements as waste is a devolved matter. A similar change is made by regulation 6(3) to the secondary legislation-making power in section 23 of the 2003 Act. Regulation 6(4) amends section 37 of that Act, which defines waste for the purpose of the Act, and inserts new section 37A to provide modifications to clarify the way that the waste framework directive will be applied after exit, in order to maintain the existing effect and operation of the law.

Part 4 of the instrument makes amendments to and revocations of retained direct EU legislation. The lawyers have drafted the regulations by number in order of year, but I will speak to groups of new regulations that refer to specific waste-related subject areas. Chapter 1 of part 4 makes amendments to EU regulations. Regulations 8 and 10 of the instrument are about batteries. They make amendments to Commission regulation 1103/2010, which relates to capacity labelling of batteries, and to Commission regulation 493/2012 on the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators.

The amendments include replacing references to “Member States” with “The Secretary of State”, and defining “appropriate agency”, which would be the environmental regulators in England, Scotland and Wales, and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. The amendments also insert modifications that clarify the way that the various EU directives referenced in those EU regulations will be applied after exit in order to maintain the existing effect and operation of the law.

Regulations 9, 11 and 12 cover waste criteria and make amendments to three EU regulations made under article 6.1 of the waste framework directive. Those three EU regulations provide criteria for determining when certain types of scrap metal, glass cullet and copper scrap cease to be waste. The required processes for businesses to achieve end of waste will not change as a result of the instrument. The assessment of end-of-waste status and the guidance provided by regulatory agencies will still apply as before.

The principal amendments made to those EU regulations insert modifications to the way that references to EU directives in those regulations are to be applied on and after exit day. For example, references to “Member States” are to be read as references to the “appropriate authority”, “competent authority” or “local authority”, which was responsible for the UK’s compliance with that obligation or was able to exercise that discretion before exit day. To be clear, those are not new burdens; they merely maintain the status quo about who does what currently.

In addition, the amendments account for the fact that environmental verification under the eco-management and audit scheme—known as EMAS—will no longer apply in the United Kingdom. Hon. Members who have regularly attended such Delegated Legislation Committees will know that the amendments relating to that scheme have already been passed by both Houses.

Chapter 2 covers EU decisions. Regulation 13 amends Commission decision 2000/532/EC, which contains a list of waste classifications for hazardous and non-hazardous waste. The amendments introduce modifications to clarify the way that various EU directives will be applied to maintain the existing effect and operation of the law.

Regulations 14 and 16 make amendments to decisions made under directive 94/62/EC on packaging and packaging waste relating to derogations for glass packaging and plastic crates and pallets. References to “Member States” will be replaced by the “Secretary of State”, references to “Community” will be replaced by the “United Kingdom”, and appropriate agencies defined as the regulator of each nation and DAERA in Northern Ireland. They also introduce modifications that clarify the way in which EU directives referenced in the legislation will be read.

Regulations 15 and 17 to 20 amend various decisions made under directives 1999/31/EC and 2006/21/EC relating to the landfilling of waste and extractive waste respectively. These amendments include replacing references to “Member States” with “The Secretary of State”, and references to “Community” with “the United Kingdom”, and provide certainty on definitions and defining the appropriate agency. Two amendments convert requirements to report information to the European Commission into a statutory duty to publish the same information reports. As before, they introduce modifications that clarify the way in which EU directives referenced in the legislation will be applied.

Regulation 21 relates to Commission decision 2011/753/EU on establishing rules and calculation methods for verifying compliance with a target set in the waste framework directive. Regulation 21(7) applies to England only. This is where we have amended article 5 of the decision so that it now requires the Secretary of State to publish the progress report on whether the current target to recycle 50% of household waste by 2020, set by article 11.2 of the waste framework directive, has been met in respect of England. The progress report must be published before 1 January 2022. The devolved Administrations did not want this duty to apply to them in this instrument.

In chapter 3 of part 4 and the schedule, the instrument revokes some directly applicable EU legislation on waste. Some of this legislation has been revoked because it is redundant in a domestic context, for example Commission decisions that set the format of questionnaires and data reports that EU member states complete and return to the Commission in relation to the implementation of EU directives.

Other pieces of the directly applicable EU legislation are being revoked because their requirements are already embedded in domestic legislation. For example, Commission decision 2003/138/EC covers material and component coding standards for end-of-life vehicles; and Commission decision 2002/151/EC relates to minimum standards for the certificate of destruction for those vehicles. In both cases, the requirements of those decisions are already set out fully in the End-of-Life Vehicles Regulations 2003.

This statutory instrument is long and technical, but as I said at the start, it does not change policy. It simply makes the rules that we have today applicable.

--- Later in debate ---

[Dr Coffey]

It is a pleasure to respond to the questions, starting with the hon. Member for Linlithgow and East Falkirk. The Government absolutely recognise the devolution arrangement. The hon. Member for Ipswich effectively complains that reporting requirements apply only to England, and is trying to get the UK Government to make sure other Administrations prepare reports. It is not our obligation to do so.

The 50% target is not advisory; it is already in domestic legislation, and that is not changing in any way. Such targets are not imposed on the United Kingdom; we vote for them in the Council. We also voted for the adoption of the circular economy package. We said in the resources and waste strategy that we intend to bring that package into effect, but the detail of the transposition of directives has yet to be resolved, because elements are still going through certain processes.

[Sandy Martin]

The Minister is well aware that, although it is certainly the case that EU targets are derived from decisions made by all EU members working together, which is why some of us believe that the EU is a fairly democratic body, none the less once those decisions have been made, they are imposed on the member states. Imposing something on a member state is very different.

[Dr Coffey]

I do not accept that—the decisions are not imposed on the United Kingdom. We have that system of decision making. It is a collaborative process at the moment, so they are certainly not imposed; we agree to them. That is why we put them into our legislation. The 50% target is already in domestic law.

The hon. Gentleman is right to praise Wales, which is ahead of the target already. At the moment, Scotland is the lowest of the four nations, but I know that active work is being done to improve that. We have already started to see improvements in Northern Ireland. I really hope that hon. Members are aware of the current consultations on how we are considering changing the recycling system, the exchange of producer responsibility, with the packaging recovery network process, and other fiscal measures that we believe will stimulate an increase in recycling.

The hon. Gentleman will be aware that the office for environmental protection is now going through pre-legislative scrutiny. The Secretary of State and I gave evidence yesterday to the Environment, Food And Rural Affairs Committee. We are due to give further evidence to the Environmental Audit Committee. We await their views, which we will consider as we go through to the next steps in the creation of the new body. It is worth pointing out that only the European Court has the ability to submit fines. To date, I am not aware of any fine that has been imposed on the United Kingdom regarding an environmental matter, although I recognise that we may have been on that journey in several places regarding infraction.

There is a desire to ensure that we improve recycling. I believe that the regulations do exactly what they are supposed to. As I said, we updated part 2 using the European Communities Act 1972. The rest of the regulations simply provide that what happens today will happen the day after exit day. It is important that we have that level of regulation, recognising the issues that have been raised about the challenges on what we need to do to ensure that we still have an effective waste system. I hope that the Committee will support the regulations.

Question put.

Draft Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019

Baroness Coffey Excerpts

Wednesday 6th March 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I beg to move,

That the Committee has considered the draft Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019.

It is a pleasure to serve under your chairmanship, Mr Hanson. The draft regulations are among a number of statutory instruments under the affirmative procedure, to be considered as the UK leaves the European Union, and will ensure that legislation that protects biodiversity through the conservation of natural habitats and species of wild fauna and flora, and conserves wild bird populations, will continue to function after exit.

The draft regulations make technical legal amendments to maintain the effectiveness and continuity of legislation that would otherwise be left partially inoperable. The adjustments represent no changes of policy, nor will they have any impact on businesses or the public. The draft statutory instrument is introduced under the correcting powers in the European Union (Withdrawal) Act 2018, and principally makes amendments to the Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017 to address technical operability issues.

The territorial extent of the draft regulations is the United Kingdom, with some exceptions. Part 2 extends to England and Wales. Part 3 extends to England and Wales, but also extends certain provisions in certain circumstances to Scotland and Northern Ireland, in relation to certain specified reserved matters. As the implementation of biodiversity and nature conservation policy is a devolved matter, we have worked closely with the devolved Administrations on the regulations and on their respective instruments. Where the regulations relate to devolved matters they have given consent.

The Scottish Government and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland are making similar changes through their own secondary legislation. The Committee may be aware that we debated the DAERA measure in Committee on Monday, and it was passed by the House of Commons last night. The Scottish measure was debated in the Scottish Parliament’s Environment, Climate Change and Land Reform Committee yesterday.

Members of the Committee may be aware that the Royal Society for the Protection of Birds expressed concern that management objectives for the new national network of protected sites established under the regulations with regard to special protection areas were not commensurate with the objectives for the EU Natura 2000 network of sites, which are being replaced under new regulations 16A and 18A. We had some back and forth legal debate between Government lawyers and the RSPB, and to make sure the position was absolutely clear the Secretary of State took the decision to withdraw the provision in question, and re-lay the measure after redrafting. That was to make it absolutely clear that existing protections for species of wild birds and their specially protected areas will continue when we exit the EU. That has been welcomed by the RSPB.

Part 2 of the draft regulations amends the Wildlife and Countryside Act 1981 to ensure that species of wild birds found in or regularly visiting the UK, but not elsewhere in the EU, continue to be protected. Part 3 amends the Conservation of Habitats and Species Regulations 2017 covering England and Wales. Part 4 amends the Conservation of Offshore Marine Habitats and Species Regulations 2017 covering the United Kingdom’s offshore marine area. The changes in part 4 largely mirror the changes made in part 3.

[Dr David Drew (Stroud) (Lab/Co-op)]

What is the impact if we do not pass the Fisheries Bill and we crash out of the EU? Would that have an impact on this statutory instrument?

[Dr Coffey]

The Government have no intention of crashing out of anywhere. It is important to state that the statutory instrument is not directly related to fishing. I am aware of the issues, because I have signed legislation with regard to fisheries in the past 48 hours, when for a few short days we did not have a Minister. I am delighted that my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill) is now in post. He was due to attend this Committee, before he was elevated. He has significant fishing interests in his constituency, and he will now be cracking on, I am sure.

Part 5 of the regulations amends the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 with regard to the functions concerning imperative reasons of overriding public interest—often known as IROPI—and is consistent with changes made to the 2017 regulations.

The majority of changes under this instrument involve various terms in regulations or directives that relate to the EU being amended to be relevant to the UK. For example, the instrument removes references in the EU legislation to the UK as an EU member state. The five main changes mainly involve a transfer of functions from the European Commission to Ministers.

Sites designated in the UK under the nature directives are currently part of the EU’s Natura 2000 network. That is the contribution from the UK to what is called the Emerald network, which is run and administered by the Council of Europe, fulfilling the Bern convention. The sites in the UK will now form a national site network and will continue to fulfil the UK’s international biodiversity obligations. That was covered for Northern Ireland the other day, and it is being covered separately by the Scottish Parliament for Scotland, so we are dealing with other sites in the rest of the UK, as laid out. At the end of November last year, I wrote to the secretariat of the Bern convention, confirming that the sites would continue to form the UK’s contribution to the convention’s Emerald network of protected sites.

New regulations 16A and 18A set out ministerial responsibility to manage and, where necessary, adapt the national site network in co-operation with other Ministers. The network’s management objectives look to secure compliance with the overarching aims of the habitats and the wild birds directives, which will be in retained EU law.

This instrument transfers to Ministers functions relating to the designation of special areas of conservation that are currently undertaken by the Commission. Ministers will assess any new SAC designation proposals, acting on advice from the appropriate nature conservation body—Natural England in the case of the Government—and the Joint Nature Conservation Committee and using existing criteria. Selection of those sites will continue to be based on the criteria in annex III of the habitats directive.

This instrument, at regulations 25 and 26, transfers to Ministers the role of the Commission to offer an opinion to local decision makers, such as local planning authorities, as to whether IROPI apply where a plan or project may adversely affect priority habitats but there is no feasible alternative. In doing that, Ministers will need to take account of the national interest and consult widely, including with devolved Administrations and the JNCC. I think it is worth sharing with the Committee, as I did on Monday, that there have been no instances of that ever happening in the UK. Nevertheless, the Commission currently has the power to offer an opinion, and we thought it important, for operability, that that be brought over and made a power of Ministers.

A new instrument-making power, in new regulation 145 of the conservation of habitats regulations and new regulation 84B of the offshore marine regulations, allows Ministers to make amendments to the annexes and schedules where those reflect technical and scientific progress. The devolved Administrations will have the same powers. In essence, this is a “keeping pace” approach. Quite regularly, we see certain changes and learn new and different things about a variety of issues in relation to habitats, species and birds, and it is important that we have the power to keep up to date. Any amendment under the provision would need to be supported by expert opinion. Once the statutory instrument is, as I hope, passed, we will set out in guidance the means by which Ministers will seek that expert input, including from our statutory advisers, before deciding on any amendment to the schedules and annexes.

To ensure transparency and accountability of environmental performance, new regulation 9A of the conservation of habitats regulations will require Ministers to report publicly on the implementation of the regulations in their jurisdictions within six years from the date of exit and every six years thereafter. The position is exactly the same now, and the Secretary of State will compile reports into a combined UK report within two years. The requirement for biennial reporting on the use of any permitted exemptions or derogations from the strict protections of habitats and species is maintained. As a contracting party to the Bern convention, from which the habitats directive arises, the UK will remain obliged under article 9 and resolution 8 of the convention to submit those reports to the secretariat.

The draft instrument will ensure that the strict protections that have been in place for many years for our most vulnerable habitats and species will be maintained once we leave the European Union. For that reason, I commend the draft instrument to the Committee.

--- Later in debate ---

[Dr Coffey]

I will start with the hon. Member for Stroud; he is right to be concerned about the impacts that pollution can have on the natural environment and biodiversity. The environmental damages regulations have already been covered in a separate SI, so that is already coming into UK law. He will be aware that the polluter pays principle is very much included in the principles under which this Government and the law in this country operate. The current protections that are there today will continue.

There will be different bodies to oversee this, because this is a devolved matter, so each of the four nations in the United Kingdom has its own regulator. However, we share between us the JNCC, which covers all four Governments and consequently is another way to provide that cohesiveness across the network. Ultimately, the United Kingdom Government—this Government—are responsible for our obligations to international treaties. That is why we will continue to work collectively with them.

To turn to the questions of the hon. Member for Workington, on reporting, the provisions to provide a composite report, including an evaluation of progress and of the contribution of the national site network, replicate the current legal requirement of the Commission. I have made it clear that the UK Government will pull together a summary and a composite report of the four different reports that will come from England, Scotland, Wales and Northern Ireland.

The regulations require the reports to be published, which will allow transparency. There will also be parliamentary and public scrutiny. It may be the case that the future office of environmental protection wishes to scrutinise the reports as well. That element of transparency will open the door to scrutiny.

As a contracting party to the Bern convention, we will continue to report on conservation status, as I have laid out, including by submitting reports every two years on any exceptions. The role of the Bern secretariat, which I met last year, is to fulfil that. At the moment, I recognise that, in effect, the Commission largely does it on behalf of the Bern secretariat for member states of the European Union.

The hon. Lady asked about whether the measure is proportionate. I assure her that it is not the provision’s intention to reduce existing nature conservation protections in any way. I do not agree with Greener UK’s assertion about a legal error. The provision is not about the designation and management of sites, and therefore the permitting of certain activities, but about the overall management of the network across the country in the context of achieving status for species and habitats across their biogeographical area and within their natural range.

The new regulations place a wide duty on Ministers, in co-operation with other UK authorities, to manage and adapt the network and to maintain or, where appropriate, restore threatened and vulnerable habitats and species to favourable conservation status throughout their natural range. We can contribute to achieving that favourable conservation status only in proportion to how far the range of the threatened or vulnerable species and habitats falls within UK jurisdiction. In that respect, the provision reflects the requirement in article 3 of the habitats directive to have a coherent ecological network and to maintain and manage species and habitats, and for future Ministers to have regard to what is being done beyond UK borders to contribute most effectively to maintaining and restoring those features in their natural range.

I was surprised that Greener UK decided that the naming of the national site network was a significant issue. Regulation 4(2)(a) makes it clear that the national site network is made up of former Natura 2000 sites in the UK and any new sites we designate under the regulations. Sites will continue to be selected under the criteria set out in the annexes of the habitats directive and the birds directive, as they are retained in UK law, which makes them distinct from SSSIs.

It would not be appropriate to include Ramsar sites, because they are selected on different criteria. As a matter of policy, they are already protected in the same way as special areas of conservation and special protected areas, so including them would represent a legislative change and effect a change of policy, which is not the intention of any of the statutory instruments introduced under the European Union (Withdrawal) Act 2018.

The “national site network” is a legal term for the purposes of the regulations. It will be open to UK Ministers to agree a distinct name for the network, in a similar way to the Natura 2000 or Emerald networks. We certainly do not need a legal power to do that. The marine protected area network already includes marine conservation zones, which were established under national legislation, and special areas of conservation or special protection areas, with marine components established under the EU directives, without giving rise to confusion.

I want to make it clear that I do not think Greener UK should worry so much about the legal term used in a statutory instrument. We will continue as we are and I hope to announce the latest tranche of marine conservation zones fairly soon. I hope people accept that what has been done under domestic legislation, rather than European legislation, is still part of our contribution to a wide variety of networks.

The hon. Lady talks, quite rightly, about the importance of our international obligations. The explanatory memorandum makes it clear that the UK will continue to meet its international commitments. It specifically refers to the Bern and Bonn conventions, because those are the basis of the habitats directive. The Bern convention deals with that directly. The Bonn convention, which is about migratory species, is also covered in helping to fulfil the habitats directive. We chose two of the most prominent international conventions of which we are already members. We will continue to fulfil our international obligations.

The hon. Lady referred to one of those international obligations—the convention on biodiversity. She is right to be concerned about the decline in natural biodiversity in this country and around the world. I believe that the actions and strategies that we are already developing and consulting on will really help us to reverse that turn. Those include conservation covenants, which we are consulting on at the moment, the nature-based networks, the net gain on biodiversity when we consider development, and the complete reform of what will effectively become the replacement for the common agricultural policy. Those actions and strategies will put the environment at the heart of how we help our farmers—who are, let us be candid, the original friends of the earth—in having that stewardship and rewarding them for it in the future.

I recognise the hon. Lady’s concerns, but I hope that while she may not agree with every policy—I understand why the Opposition may not always agree with the Government on every policy—she will recognise the efforts that we are making and our international work with the convention on biodiversity. I was pleased to visit the conference last year in the build-up to 2020. There is a real call to action around the world. I am delighted to say that the United Kingdom is playing and will play its part.

[The Chair]

I am pleased to see the hon. Member for Gloucester arrive just in time to shout “Aye”.

Question put and agreed to.

Draft Conservation (Natural Habitats Etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 Draft Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019

Baroness Coffey Excerpts

Monday 4th March 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I beg to move,

That the Committee has considered the draft Conservation (Natural Habitats, etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.

[The Chair]

With this it will be convenient to consider the draft Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019.

[Dr Coffey]

It is a pleasure to serve under your chairmanship, Mr Hosie. These are the two affirmative statutory instruments in my portfolio that extend and apply solely to Northern Ireland. These regulations relate only to Northern Ireland and concern devolved areas of policy, which would normally be dealt with by the devolved Administration at Stormont. Another Committee of the House will debate regulations on habitats applicable to other parts of the UK later this week, and the second of the two regulations to which I am speaking has already been considered and passed by Parliament in regard to England and Wales.

Because there is already a well-established body of separate Northern Ireland legislation in these two areas, having separate SIs will help to preserve the coherence of the Northern Ireland statute book. The UK Parliament is being asked to consider and pass these SIs in the absence of the Northern Ireland Assembly. That said, I am delighted—the Committee will not be surprised to know—that the civil service continues to operate fully in Northern Ireland and officials there have prepared these statutory instruments. I requested that we be joined by officials from the Department of Agriculture, Environment and Rural Affairs, to help answer any questions that members of the Committee may have.

These two sets of regulations are made under section 8 and paragraph 21(b) of schedule 7 to the European Union (Withdrawal) Act 2018. The Act retains EU-derived legislation in UK law. Section 8 of the Act enables regulations to be made to address deficiencies in EU-derived legislation, so that the law continues to be operable.

The Conservation (Natural Habitats, etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 ensure that legislation protecting biodiversity through the conservation of natural habitats and species will continue to function after exit from the EU. The regulations make technical amendments to maintain the effectiveness and continuity of legislation that would otherwise be left partially inoperable. The amendments represent no changes of policy, nor will they have any impact on businesses or the public.

Part 2 amends the Wildlife (Northern Ireland) Order 1985, to ensure that species of wild birds found in or regularly visiting the UK, but not elsewhere in the EU, continue to be protected. Part 2 also includes a technical amendment to the Water (Northern Ireland) Order 1999. The change will ensure the operability of two powers within the order, to give effect to retained EU obligations.

Part 3 is the main focus of the regulation and amends the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995. The 1995 regulations, together with the Wildlife (Amendment) (Northern Ireland) Order 1995, transposed the requirements of the habitats directive and the wild birds directive into Northern Ireland law. Various terms in the regulations or the directives that relate to the EU are amended to be relevant to the UK. For example, the instrument removes references to the UK as an EU member state. The instrument introduces five main changes, mainly involving a transfer of functions from the European Commission to Ministers.

Sites designated in the United Kingdom under the nature directives are part of the EU’s Natura 2000 network. Those sites are the EU’s contribution to the Emerald network, established by the Council of Europe to fulfil the Bern convention. Those sites will now form a national site network and will continue to fulfil the UK’s international biodiversity obligations. Any such area that is currently part of the Natura 2000 network will continue automatically to be part of the Emerald network on leaving the European Union.

New regulations set out by the Northern Ireland Department of Agriculture, Environment and Rural Affairs make it its responsibility to manage and, where necessary, adapt the national site network in co-operation with other authorities. The network’s management objectives look to secure compliance with the aims of the habitats directive and the wild birds directive as retained EU law.

On the designation of special areas of conservation, functions currently undertaken by the European Commission are being transferred to DAERA, which will assess any new special areas of conservation designation proposals, acting on advice from the Joint Nature Conservation Committee using existing criteria.

Regarding IROPI, which stands for imperative reasons of overriding public interest, this instrument transfers the role of the European Commission in being able to offer an opinion to local decision makers such as local planning authorities to DAERA. The opinion concerns whether imperative reasons of overriding public interest may apply in the granting of a planning application for a proposal that might adversely affect priority habitats where there is no feasible alternative. In doing so, DAERA would need to take account of the national interest and consult widely, including the UK Government, other devolved Administrations and the Joint Nature Conservation Committee. I should point out that it is my understanding that IROPI has never been deployed in relation to priority features regarding planning proposals anywhere in the UK, such that no final dossier has been submitted to the European Commission for an opinion.

Turning to amendments to annexes and schedules, a new instrument-making power allows DAERA to make amendments to the annexes and schedules as required to reflect technical and scientific progress. DAERA will set out in guidance the means by which expert input is sought, including from statutory advisers, before making any amendment to the schedules and annexes. To ensure transparency and accountability of environmental performance, in line with current requirements, DAERA will report publicly on the implementation of the regulations within six years of the date of exit and every six years thereafter.

The second set of regulations we are considering, namely the draft Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019, address failures of retained EU law to operate effectively with regard to Northern Ireland environmental legislation, arising from the withdrawal of the United Kingdom from the European Union. Legislation amended by the regulations covers a wide range of environmental law in Northern Ireland, including the management of waste, producer responsibility, permitting and licensing, noise, environmental liability, air quality and genetically modified organisms.

The regulations amend six pieces of Northern Ireland primary legislation and two sets of regulations. Part 2 of the regulations makes amendments to the following Northern Ireland primary legislation: the Genetically Modified Organisms (Northern Ireland) Order 1991; the Industrial Pollution Control (Northern Ireland) Order 1997; the Waste and Contaminated Land (Northern Ireland) Order 1997; the Producer Responsibility Obligations (Northern Ireland) Order 1998; the Environment (Northern Ireland) Order 2002 and the Environmental Better Regulation Act (Northern Ireland) 2016.

Part 3 of the regulations sets out amendments to the Environmental Noise Regulations (Northern Ireland) 2006 and the Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009. Part 4 of the regulations makes savings in respect of the amendments made to the Environment (Northern Ireland) Order 2002 by this instrument.

[Emma Reynolds (Wolverhampton North East) (Lab)]

I have a question of clarification: in the explanatory memorandum to the Environment (Miscellaneous Amendments) regulations that we are discussing, in section 7.2 it says:

“With EU exit day less than one year away”.

As I understand it, the Government are insisting that we will still leave the EU at the end of this month. I just wondered why that wording was used; is there something the Minister knows that we do not? Also, although I understand she is a hard-working Minister and someone I have always had great respect for, how many other SIs does her Department need to get through before the end of March, and will it have a functioning statute book by the time we leave?

[Dr Coffey]

The 29 March is within a year. I think this SI was written prior to Christmas, and deliberately written to give that sense. I think it is standard wording that is being used across every Northern Ireland statutory instrument being taken through the UK Parliament, so we have not changed the wording in that regard.

I do not have the answer to the hon. Lady’s second question; she may wish to speak to the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Macclesfield (David Rutley) who is in charge of statutory instruments for DEFRA. In terms of statutory instruments for which I am responsible, our last SI together, which might be not quite my last opportunity to debate with the hon. Member for Plymouth, Sutton and Devonport, is a week tomorrow. I am confident from my side, but as the hon. Member for Wolverhampton North East would expect, we will ensure that the legislation is in place.

In summary, the draft regulations are technical in nature and amend various aspects of environmental legislation, focusing primarily on references to EU law, to Commission processes and to the UK being a member state of the European Union, which will no longer be the case. If we do not address those deficiencies, the result could be legal uncertainty for regulators, stakeholders and the Government, ambiguity about environmental obligations, and difficulty with enforcement for regulators. There are no policy changes and no reduction in the environmental standards or obligations to which Northern Ireland is currently subject. I commend the draft regulations to the Committee.

--- Later in debate ---

[Dr Coffey]

It is a pleasure to respond to some of the queries that the hon. Member for Plymouth, Sutton and Devonport has raised. On the professionalism of the civil service in Northern Ireland, I have full confidence that it will continue the effective regulation that it undertakes today, including its regulators, the Northern Ireland Environment Agency. I expect it to be enforcing the law in exactly the same way on 29 March as it will from 30 March onward. The point of these statutory instruments is to allow it to do so and to ensure that the obligations and the law continue as they are.

On the question of fatigue among non-governmental organisations and time to consider stakeholder feedback, there has been considerable time to consider these particular statutory instruments. Some of the stakeholder feedback was received before Christmas and some has been received since—a discussion about whether the ongoing status of the special areas of conservation was clear in law. We agreed with certain things that the Royal Society for the Protection of Birds said and not with others, but the feedback prompted us to make the statutory instrument clearer. We chose to withdraw and re-lay it to ensure that it was clear, and the RSPB confirmed, as did Greener UK, that that was welcome.

I am conscious of the hon. Gentleman’s concern about the phrase,

“no, or no significant, impact”.

I tried to explain to him in a previous Committee that that is a standard of the Joint Committee on Statutory Instruments, the body that has set out how certain things must be drafted and laid out in the explanatory memorandums. I suggest, since he has taken a huge interest in the JCSI, that the Opposition Whip might wish to volunteer the hon. Gentleman to sit on that Committee in future. “Due to have regard” is a fairly standard legal phrase that is used, in effect, where Government or a regulator must look at regulations and those regulations are what they follow. That is the intent of that phrase.

Regarding the report format, I understand the hon. Gentleman’s concerns about how it might be scrutinised and whether it will lead to reduced quality, but it is fair to say that the reports sent to the Commission at the moment are all done to accommodate the needs of the EU 28. It may be that in future it is decided that there is a simpler way of preparing the information required, and we may want a more tailored way of doing so. I know that we regularly see minor changes here and there from the Commission, where we update how we report on certain matters; this SI just leaves us the power to make similar changes.

[Luke Pollard]

Could the Minister set out how any changes in format would work with the Republic of Ireland, given that Northern Ireland shares a land border with another EU member state and there are some habitats that cross the land border between Northern Ireland and the Republic?

[Dr Coffey]

The hon. Gentleman will be aware that the Good Friday agreement requires both countries to have regard to each other, to collaborate and to co-operate, but not, even now, to be identical in every aspect, although of course EU regulations apply directly to both. However, for example, directives can allow legislation to be written somewhat differently if it achieves the same outcome.

I expect that that co-operation will continue, whether through the North South Ministerial Council or the British-Irish Council, a meeting of which I attended about 10 days ago. Lough Foyle and Carlingford Lough each have one management body, involving the north and the Republic working together, so there are already good examples of direct collaboration on different things that are needed. However, I expect that DAERA will consult on any changes to formats.

On scrutiny, obviously the regulator will still be in place and will be able to scrutinise exactly what is going on, and it will be for the Administration to decide whether to scrutinise the reports that are generated. It will be open to the Assembly to undertake that role in due course. A lot of those reports, especially on habitats, have to be presented to the Council of Europe, through the Bern convention secretariat, which again offers opportunities for scrutiny. There is also the ongoing scrutiny that is often done outside Parliament, which I expect will continue.

On the different aspects of new schedule 3A, scientific and technical progress comes up quite a bit when discussing elements of the environment or animal welfare. Quite straightforwardly, the new schedule recognises, as happened not that long ago when we discussed updating humane trapping standards—I think several Committee members were there—that there is some progress for which we need to update the law, rather than its being stuck in aspic. The new schedule gives us the opportunity to do that.

The hon. Gentleman asked whether that means that animal welfare standards could be lowered. It would be a brave Northern Irish Administration that wanted to do that. Nevertheless, it is fair to say that we are committed to the non-regression clause of the withdrawal agreement, which I expect includes animal welfare. I say again that my hon. Friend the Member for Camborne and Redruth has been one of the biggest champions of ensuring that we preserve our animal welfare standards. In fact, it will actually go the other way; it will be the United Kingdom pressing the EU 27 to make sure that they keep up with the animal welfare standards that we have championed for so long.

On scrutiny of Northern Ireland after we leave the EU, the Northern Irish Administration have asked us to consider including them in the remit of our proposed Office for Environmental Protection, which we are considering as part of our pre-legislative scrutiny. However, it is my understanding that it is not the case that Northern Ireland will automatically come under the scrutiny of that office; that will be a decision for Northern Irish Ministers to make in the future. The hon. Gentleman will be aware that both the Welsh and Scottish Governments have chosen to not join the OEP, but I am pleased to see that DAERA wants to at least set in place the possible opportunity and mechanism for such scrutiny and ongoing monitoring in the future.

The hon. Gentleman asked specifically about aspects of new schedule 3A. I understand that the new schedule allows us to mirror, if appropriate, future changes to the corresponding annexe of the directive, or to the Bern convention. We have talked about designations of special areas of conservation under the amended regulation 7(1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995. Existing sites of Community importance are mostly designated. That is my understanding of the situation in Northern Ireland. They certainly have to be designated within six years, which is the current practice.

In essence, the obligation is on member states to designate sites as soon as they meet the selection criteria, as we have seen in the UK recently with the designation of sites for harbour porpoise. They have gone through the process of being deemed of Community importance, and now have gone or are going through the SAC process. Those things all take a certain amount of regulation to take them forward, but there is no change, as far as I am aware, in the regulations from how we operate today. That is relevant to the retained EU legislation.

I know that the hon. Gentleman is frustrated about the pace of trying to get through a lot of statutory instruments. I assure him that I have met the Democratic Unionist party spokesman to discuss a lot of these Northern Ireland statutory instruments, just as I have extended the offer to the Opposition and to the Scottish National party to come to us in advance with queries about any of the statutory instruments. That offer still stands for the remaining few statutory instruments related to my portfolio.

I am conscious that I may not have addressed all the hon. Gentleman’s concerns. I hope he accepts, however, that we are not changing policy—that is an opportunity for Parliament in the future—but making sure that the important legislation that we have in place for preserving the natural environment and trying to do more to address its decline, as he rightly pointed out, especially when it comes to species conservation, will still be in place in Northern Ireland, and that the regulators will have the powers, through the amendments in the second set of regulations, to ensure that there is proper ongoing environmental assessment and management.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Conservation (Natural Habitats, etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.

Draft Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019

Resolved,

That the Committee has considered the draft Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019.—(Dr Thérèse Coffey.)

EU Environment Council

Baroness Coffey Excerpts

Thursday 28th February 2019 Written Statements

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

The next EU Environment Council will take place on 5 March, in Brussels. I will be attending to represent the UK, and the Scottish Minister for Rural Affairs and Natural Environment, Mairi Gougeon MSP, will also attend.

On environment items, the main legislative focus will be a general approach on the drinking water directive. In addition, there will also be an exchange of views on greening the European semester, and a policy debate on the European Union framework on endocrine disruptors.

The primary focus for climate items will be a policy debate entitled a “Clean planet for all: Strategic long-term vision for a climate neutral economy”.

Any other business (AOB) will include information from the Commission on three items:

Better enforcement of the EU phasedown for hydroflurocarbons;

Proposal for a regulation in order to take appropriate account of the global data collection system for ship fuel oil consumption data;

Intersessional Espoo meeting of the parties, Geneva, 5 to 7 February 2019.

There are currently three member state led AOBs:

Environmental protection policies to combat depopulation in rural areas and to improve quality of life (tabled by Spain);

Tackling greenhouse gas emissions by aviation pricing (tabled by Belgium);

Preparation of the XXI conference of the parties to the Barcelona convention, for the protection of the marine environment and the coastal area of the Mediterranean, hosted by Italy in Naples from 2 to 5 December 2019 (tabled by Italy).

[HCWS1367]

Draft International Waste Shipments (amendment) (EU Exit) Regulations 2019

Baroness Coffey Excerpts

Wednesday 27th February 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I beg to move,

That the Committee has considered the draft International Waste Shipments (Amendment) (EU Exit) Regulations 2019.

It is a pleasure to serve under your chairmanship, Mr Hosie. This is one of a number of affirmative statutory instruments to be considered as the UK leaves the European Union, as provided for by the result of the 2016 referendum and as subsequently agreed by Parliament. In line with the European Union (Withdrawal) Act 2018, the regulations simply make technical, legal amendments to maintain the effectiveness and continuity of the legislation controlling shipments of waste, which would otherwise be left partially inoperable, so that following our exit from the EU the law will continue to function as it does today.

The statutory instrument is quite lengthy and makes many adjustments. However, I assure the Committee that those adjustments represent no changes of policy, and nor will they have any impact on businesses or the public. The regulations do exactly what they say on the tin: they bring over what is required to ensure that, the day after exit, things operate just as they did the day before—no more and no less. Otherwise, I would have been breaking the ministerial code when I signed the transparency statement. There is no change in policy; the regulations are simply technical.

The territorial extent of this instrument is the United Kingdom. It applies to all of the United Kingdom, including the territorial sea adjacent to it. The legislation in this area is reserved, but this instrument has been the subject of extensive consultation with the devolved Administrations and the UK regulators.

Part 1 of the regulations contains technical introductory provisions. Part 2 corrects outdated references in the Transfrontier Shipment of Waste Regulations 2007 to the Northern Ireland Department of the Environment, which is now known as the Department of Agriculture, Environment and Rural Affairs. It also updates a reference to the legislation governing waste management licensing in Scotland to the current 2011 regulations. Part 3 makes technical changes to the Transfrontier Shipment of Waste Regulations 2007.

Regulations 14 and 15 omit references to “Community Regulation”. Regulations 16 and 17 omit regulations that implement provisions relating to an EU body and historic transitional provisions in the EU legislation from the 2004 and 2007 enlargements of the European Union.

Regulations 18 to 25 make provision for the UK plan for shipments of waste of May 2012 to continue to have effect and to be changed in the future. The amendments provide that any future change must meet Basel convention objectives to have adequate disposal facilities, to minimise the movements of hazardous wastes and to ensure that shipments of wastes are allowed only if the state of export does not have the technical capacity or the facilities to dispose of the wastes in question in an environmentally sound manner.

Regulations 26 to 41 make technical changes to the offence provisions in the domestic regulations. These changes preserve the scope of existing offences and ensure that no new offences are created.

Regulation 42 omits regulation 60 of the Transfrontier Shipment of Waste Regulations 2007, which revoked previous versions of the domestic regulations. This change tidies up the law and is intended to make it clearer. Regulation 43 omits schedule 1, which also relates to historic transitional provisions in the EU legislation from the 2004 and 2007 enlargements of the European Union.

Part 4 makes technical changes by omitting references to the relevant retained EU law in annex 20 to the European economic area agreement, so far as that annex forms part of our domestic law. The references are no longer needed because the retained EU legislation on waste shipments has been amended so that it sets out all the rules that govern shipments to or from European Free Trade Association countries, for example by treating Liechtenstein as an OECD decision country.

Regulations 45 to 109 in part 5 make technical changes to the principal retained EU regulation on waste shipments, namely European Commission regulation No. 1013/2006. Regulations 46, 47 and 50 amend the scope of retained EU law to make clear that it applies to waste shipments to, from or through the United Kingdom. They also correct definitions and out-of-date references to EU legislation to ensure operability and to make the law clearer.

Regulation 48 amends definitions and makes technical changes to ensure that references to competent authorities and to the 2008 waste framework directive, which appear throughout the retained EU legislation, continue to be effective. Regulation 49 omits a deficient reference to the European Union.

Regulation 51 omits or modifies references to “the Community” and, where required, substitutes those terms with appropriate UK terms. It removes an obligation to inform the Commission about national law related to financial guarantees.

Regulation 52 amends EU provisions that allow the regulators to object to shipments of notifiable waste for disposal that are not in accordance with the principles of proximity, priority for recovery and self-sufficiency at EU and national levels. Those principles are currently defined in the context of an obligation to encourage the establishment of an EU network of waste disposal installations and consequently are no longer relevant to the UK. The instrument substitutes references to the principles with Basel convention obligations to have adequate disposal facilities, to minimise the movements of hazardous wastes and to ensure that shipments of wastes are only allowed if the state of export does not have the technical capacity or the facilities to dispose of the wastes in question in an environmentally sound manner.

Regulations 52 and 53 also make technical changes that preserve the existing powers to object to notifiable waste shipments for disposal or recovery where a destination site operates to lower environmental standards than those in the UK.

Regulations 54 to 62 and regulations 64, 66, 67 and 68 omit or modify references to “Community”, “within the Community”, “Member States” “within a Member State”, “competent authorities”, “the Commission” and “third”, as in third country, and where required substitutes those terms with appropriate UK terms. Regulation 63 removes a reference to an EU directive that is no longer in force, substituting it with a reference to the current EU legislation.

Regulation 65 omits article 30, which relates to border area agreements between member states. Regulation 69 omits all of title 3 of the EU regulation, which requires member states to set up systems for internal waste movements consistent with the system used between member states. Given that the UK has a system for internal waste movements, those provisions are considered redundant.

Regulations 70, 71 and 72 relate to the export of waste to EU and EFTA countries for disposal. The technical changes contained in the draft regulations maintain the control procedures for such exports and preserve the existing prohibition on exports of waste for disposal except to EU or EFTA countries. Approval to export waste to the EU for disposal is contingent on a third country providing appropriate justification. A requirement is included for the Secretary of State to provide such a justification to the competent authority in the relevant EU or EFTA country. Regulation 72 also omits redundant obligations to provide documentation to EU customs offices and substitutes references to EU customs officials’ duties to the duties of UK customs officials.

Regulations 73 to 79 make technical changes to maintain the existing controls and procedures that govern the exports of wastes to non-OECD countries, OECD countries, the Antarctic, and British and EU overseas territories and to EU member states for recovery.

Regulations 80 to 89 make changes to maintain existing procedures that control imports of wastes for disposal or recovery and controls on wastes that transit through the UK. The regulations also omit redundant obligations to provide documentation to EU customs offices and substitute references to EU customs officials’ duties to the duties of UK customs officials.

Regulation 90 omits redundant references to “the Community”, movements of waste “in the Community”, “Community legislation”, “third” and “third countries”. Regulation 91 makes a number of amendments to enforcement provisions. The provisions of article 50 have already been implemented in the UK through the Transfrontier Shipment of Waste Regulations 2007 and so some of those provisions will now be redundant and can be omitted. Regulation 90 also modifies those provisions that place obligations on member states to co-operate with each other so that such obligations now fall to the UK regulators.

Regulations 91 and 92 make changes that preserve obligations to provide reports to the secretariat of the Basel convention and omits obligations to provide information to the European Commission on the movement of waste between EU member states. Regulation 93 makes changes to maintain obligations in respect to international co-operation. Regulation 94 omits redundant provisions that require member states to designate competent authorities and contact points to the European Commission.

Regulation 95 makes technical changes that preserve the power for the Secretary of State to designate places at which waste entering or leaving the United Kingdom is controlled. Regulation 96 modifies a provision such that the Secretary of State is required to notify specified information to the secretariat of the Basel convention, rather than the European Commission. The regulation also places an obligation on the Secretary of State to publish UK information previously published by the Commission.

Regulation 97 omits article 57, which relates to an EU body. Regulation 98 omits article 58a, which provides a power to the European Commission to amend annexes to the regulation. Regulation 99 omits article 60, which places obligations on the European Commission to review the regulations. Regulation 100 omits articles 62 to 64, which are considered redundant. Article 62 provides transition rules for shipments of waste approved under the previous EU legislation on waste shipments. Article 63 covers historic transitional provisions in the EU legislation from the 2004 and 2007 enlargements of the EU. Article 64 makes provisions for the entry into force and application of the EU regulation. Regulation 101 omits a reference to the direct applicability of the EU legislation to member states.

Regulations 102 to 104 make technical changes to instructions on the completion of forms. Regulations 105 to 108 update or remove references to redundant EU legislation. Regulation 109 modifies the questionnaire for reports on inspections and enforcement, omitting the elements of the EU questionnaire that related to movements of waste between member states. Regulation 110 makes minor technical changes to retained EU legislation that sets out the control procedures for exports of waste for recovery to non-OECD countries. Regulation 111 makes minor technical changes to retained EU legislation that provides a correlation table between EU customs codes and EU waste codes.

The statutory instrument addresses technical deficiencies in the waste shipment legislation, in order to ensure that the legislation will continue to operate effectively when we leave the EU. As I have said, it does not introduce new policy. In the development of the instrument, we have sought to ensure minimum disruption to businesses that are involved in the shipment of waste, by retaining existing law. No enforcement mechanisms or enforcement bodies are being changed, and there are no significant impacts on the enforcement bodies, such as the Environment Agency, or other regulators. The instrument has been designed to ensure the continuation of the current system for the control of waste shipments, and no significant direct impacts have been identified.

Should the UK leave the EU without a withdrawal agreement in place, 545 of the 556 existing approvals to ship notifiable waste to EU countries will continue to be valid. No new applications will be required to allow the export of those wastes and there will be no additional administrative costs associated with the approval process. Unfortunately, Spain is the only EU member state still to provide a response in respect to 11 approvals. My officials have met officials from the Spanish Ministry of Environment, and given that those shipments have previously been approved, there is agreement on both sides that it is important to avoid unnecessary duplication. Our principal export to Spain seems to be car batteries. We have had discussions with prominent exporters there, and there are certainly other countries in the European Union that could accommodate those materials, if necessary.

For those reasons, I commend the draft regulations to the Committee.

--- Later in debate ---

[Dr Coffey]

To respond to the hon. Member for Ipswich, seven businesses in England have been affected by the situation in Spain. I do not have the statistics for countries whose regulators are different from the Environment Agency, but I know that the agency has spoken to each of the seven businesses and they are making contingency plans. As I outlined in my opening comments, there are alternative places for people to send car batteries and other products that are currently being sent to Spanish recycling processors.

It is important to recognise that we are still part of the Basel convention, which itself has international laws. I have explained how we are taking the Basel convention, a lot of which was applied through EU regulations, into domestic law so that we continue to have those obligations. The hon. Gentleman referred to countries such as China not taking waste, but China does still take some waste. It is about the level of contamination. We were exporting a lot more paper waste than plastic waste to China, recognising that packaging often gets remade in China and other countries in Asia. Nevertheless, the Environment Agency, proactively and on an intelligence-led basis, works to target exporters in trying to prohibit, prior to export, the movement of waste that would otherwise be illegal. In some countries—including, I think, in Malaysia —waste seems to have been exported to an illegal business, and the Environment Agency was not informed that that business was illegal. Now that our intelligence is better, measures such as stop notices can be deployed more often, and we need an intelligence-led approach for that.

The United Kingdom has always had a strong legal framework for enforcing environmental protections on waste. In terms of EU countries offloading into the United Kingdom, we are all members of the OECD and there is a convention that, in essence, countries can export to other OECD countries. The receiving country will designate the waste as what it considers to be either high or low risk, and processes are followed in that regard, including on what controls are needed when exporting or importing. EU regulations do not allow EU member states to export their waste outside the EU for final disposal, although that is allowed for recycling, so there is no risk in that regard.

We take waste for disposal from other EU member states, and the EU will need to change its rules if it wishes that to continue. I know of one example where the recycling processor has already made arrangements for that EU member state to divert, so instead of that waste coming to the UK facility, it will go to another facility within the European Union. Contingency plans and preparations are well developed in that field.

I think I have covered the points raised by the hon. Gentleman, and I hope that the Committee will approve this statutory instrument.

Question put and agreed to.