Environment Bill

Viscount Trenchard Excerpts

Committee stage
Wednesday 23rd June 2021 Lords Chamber

Finally, I note that the principal aim of the environmental targets in Clause 1(1)(b) is to address people’s enjoyment of the natural environment. Ever since the paintings of John Constable, and doubtless earlier, our enjoyment of the natural environment has been deeply entwined with our appreciation for our historic interventions within it. Those church spires, canal locks, follies, weirs and hedgerows so evocatively recalled by the noble Lords, Lord Inglewood, Lord Cormack and Lord Blencathra, are the objects through which we read and see ourselves within our landscape. They are what draw us to it for our well-being and our enjoyment. If we do not preserve them, we will lose that landscape and our relationship with it.

[Viscount Trenchard (Con)]

My Lords, it is always a pleasure to follow the noble Earl, Lord Devon. I also want to say how impressed I was by my noble friend Lord Blencathra’s rendering of the impressive prose of the American author Bill Bryson. I declare my interest as trustee of the Fonthill Estate in Wiltshire and as former chairman of Endsleigh Fishing Club in Devon.

I will speak in favour of Amendment 59 and the other amendments in this group tabled by the noble Lord, Lord Redesdale, and others. As I said at Second Reading, quoting the noble Lord, Lord Moore of Etchingham,

“our attitudes to nature are being kidnapped by the dogma that nature is good and man is bad.”—[Official Report, 7/6/21; col. 1250.]

This might explain why the Bill at present includes nothing built by man, although it purports to set targets with respect to people’s enjoyment of the natural environment. Apart from the difficulty of measuring in a scientific way people’s enjoyment of anything, it is obvious that a large part of the beauty of our rural environment depends on traditional farm buildings, stone walls and other archaeological features. Ancient tithe barns and other buildings have been or need to be restored and repurposed in order to accommodate the increased numbers of visitors to the countryside.

I do not think it is possible to set targets for the natural environment without including this aspect. Indeed, the sixth goal of 10 listed in the Government’s 25-year plan is to achieve:

“Enhanced beauty, heritage and engagement with the natural environment.”


Why is this the only goal of that plan on which this Bill is silent? My noble friend may say that this is because existing UK legislation, which is derived from EU legislation, specifically excluded heritage, but the Prime Minister last week welcomed the excellent report from the Taskforce on Innovation, Growth and Regulatory Reform chaired by my right honourable friend Iain Duncan Smith, who rightly said:

“Now that the UK has left the EU it is important to change our approach to regulation which reflects the needs of the UK. This report shows the way ahead with the move to the proportionality principle setting a more flexible and balanced approach to future regulations and changes to existing regulations.”


Heritage is a key environmental public good and it makes no sense to introduce this important Bill without covering its needs. There is no time to lose as more than half of our traditional farm buildings have already been lost. Will my noble friend confirm that he recognises this? Will he commit to adopt Amendments 61 and 72, which would place a duty on the Secretary of State to include heritage in his annual reports and to monitor progress made towards targets covering heritage, both of which are obviously necessary?

Similarly, the OEP cannot carry out its objectives without monitoring heritage as an integral part of our rural environment. Amendment 43 seeks to change the definition of “natural environment” to include heritage buildings in so far as they form part of the landscape, which they clearly do. To accept this change would simplify the task of making other changes to the Bill.

My noble friend will doubtless say that, since heritage is already included in the 25-year plan, it is taken care of and does not need to be covered in the Bill. If inclusion in the plan is enough, why do we need the Bill at all? If heritage is not covered in the Bill, that makes it less likely that it will be covered under the ELM schemes. It will be deprioritised and in practice remain unfunded, leading to its progressive deterioration and disappearance. These amendments are crucial and I very much look forward to the Minister’s reply.

[Lord Cameron of Dillington (CB) [V]]

My Lords, I put my name to these amendments entirely to speak to Amendments 290 and 291 in the name of the noble Earl, Lord Lytton—but, as they have not been moved, proposed or spoken to, and nor do they fit at all within this group, I will leave my remarks on them to another time when, hopefully, they will be raised in the right place.

So I had not intended to speak on the other amendments in this grouping, but I will say in passing that I support them all. As a Scotsman from the highlands, I have always really loved the English countryside just because it is man-made. Every tree, hedge, field and parkland—every aspect of it—is the result of some historical figure, from the Middle Ages to the 20th century, contributing to the countryside out of their love of that countryside at the time.

The noble Lord, Lord Blencathra, quoted Bill Bryson. Bryson also said that one of the outstanding features of the English countryside that is different from the rest of the world is that it is loved to death by every inhabitant within the country. As a statement with which to promote these amendments, you could not find anything better.

Environment Bill

Viscount Trenchard Excerpts

Committee stage
Monday 21st June 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I listened to the noble Lord, Lord Blencathra, with a degree of sympathy for what he is trying to achieve. We all want to make legislation more simple and able to be understood by members of the public, but in this instance, I agree with the noble and learned Lord, Lord Hope of Craighead, and the noble Baroness, Lady McIntosh of Pickering. To change the name in the legislation at this stage would cause a level of disruption, because we already have international agreements that refer to “biodiversity”. The Dasgupta report also referred to it.

There is a simple difference between nature and biodiversity. According to my dictionary definition, nature covers all existing systems created at the same time as the earth, whereas biodiversity is the part of nature that is alive, born on a mineral substrate in an earlier geodiversity. Biodiversity provides numerous ecosystem services that are crucial to human well-being at present and in the future. Longer-term changes in climate affect the viability and health of ecosystems, influencing shifts in the distribution of plants, pathogens, animals and even human settlements. Biodiversity loss has negative effects on several aspects of human well-being, such as food security, vulnerability to natural disasters, energy security and access to clean water and raw materials. It also affects human health, social relations and freedom of choice.

Quite simply, through this legislation, we need to protect our living biodiversity. The inclusion of a target-setting framework is a welcome part of the Bill, and something that has already been referred to by the noble and learned Lord, Lord Hope of Craighead. The long-term nature of environmental matters makes this all particularly important. Environmental improvement cannot be achieved over the short timeframe of a political cycle. We need to ensure that this Environment Bill provides an opportunity for the UK to become a world leader in the fight against all forms of pollution and biodiversity loss and in mitigating the impact of the climate emergency. The litmus test for all of us in the Lords is does changing “biodiversity” to “nature” in this Bill strengthen and toughen its provisions, does it weaken existing legal protections or does it make any difference?

I believe this Bill must turn the tide on nature’s decline, biodiversity decline and the climate emergency. It must transform the way we manage waste, protect our precious water resources and all the other aspects. So, I think at this late stage, it is best to keep to the term “biodiversity”, while I fully understand and appreciate the case made by the noble Lord, Lord Blencathra.

[Viscount Trenchard (Con) [V]]

My Lords, I was much elated to read my noble friend Lord Blencathra’s amendments. I completely agree with him that “biodiversity” is one of the worst examples of a pseudointellectual word that most people do not understand and would never use in speech. I think my noble friend is right that, in the main, it would be much better if we used the easily comprehensible word “nature”, on which there is universal agreement on its meaning. I completely agree that it is highly desirable that the Bill should use language with which the public identifies.

It is interesting that, in their response to The Economics of Biodiversity: The Dasgupta Review the Government refer to

“nature, and the biodiversity that underpins it”.

This suggests that biodiversity and nature are not quite the same thing because one underpins the other, but even in a note to the preface to the review, Professor Dasgupta writes that

“the terms Nature, natural capital, the natural environment, the biosphere, and the natural world are used interchangeably.”

The Cambridge Dictionary website informs me that biodiversity means:

“the number and types of plants and animals that exist in a particular area or in the world generally, or the problem of protecting this”.

The first part of this definition sounds to me to be the same as nature, but then I am confused by the notion of protecting it. The “bio” of biodiversity is derived from the Greek bios, meaning life, and all the varieties of animal and plant life on the planet are indeed diverse.

So, although academics may disagree that the simple word “nature” is inadequate, I am not convinced that there is any material difference in meaning. I agree with my noble friend that we should change the word “biodiversity” to “nature” wherever possible. My noble friend’s Amendment 203 changes the “general biodiversity objective” of the Natural Environment and Rural Communities Act 2006 to the “general nature objective”. Perhaps the Minister could tell us whether that Act was the first in which the term “biodiversity” was used and whether he agrees that it would be much better if our law was written in language that people can understand.

The noble and learned Lord, Lord Hope of Craighead, suggested that “biodiversity” is the correct word because it is broader, but I am not sure that the noble and learned Lord persuaded me that “nature” is narrower than the whole diversity of life. I also worry for the future of the word “diversity” which increasingly carries connotations of gender and race. For all these reasons I support what my noble friend Lord Blencathra is trying to do.

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If there is another way of doing it—if the Government can look at their planning guidance and give local authorities some targets or action, or facilitate the ease with which they can cause the abandonment of certain sources of light pollution in favour of things that are not so polluting—so much the better. We need some action on light pollution. Nobody has ever done it systematically or strategically, and this amendment is an opportunity to push the Government that way. My main caveat for the Minister is: look at why the Bills have got too complex. I want some action, and therefore I want the Bill.

[Viscount Trenchard (Con) [V]]

My Lords, the noble Lord, Lord Teverson, and the noble Baroness want to give the Secretary of State powers to set targets separately in respect of “terrestrial biodiversity” and “marine biodiversity”. Actually, the definition of “natural environment”, as contained in Clause 43, makes clear that it includes the marine environment as well as the terrestrial and water environments. I do not support this amendment because it is unnecessary. Furthermore, it appears to exclude the crucially important area of the water environment.

I also do not support Amendment 7, in the name of the noble Baroness, Lady Bennett of Manor Castle. It may well be that efficiency is improved by the increased use of some resources and reduced use of others. This depends on the availability and cost of various resources. The noble Baroness’s amendment is too prescriptive and would constrain the Secretary of State unreasonably in the exercise of his powers.

I welcome Amendment 10, in the name of my noble friend Lord Randall of Uxbridge. It is regrettable that the Bill does not cover light pollution. As new road schemes are progressively introduced across the country, many of them are connected with existing roads by new roundabouts, often on high ground above the towns and villages to which they provide relief. They can be seen for miles. Highways regulations require that roundabouts be lit, unlike gradual road junctions. This is an increasing source of light pollution and has a significant effect on the urbanisation of the countryside. Although I am not sure how to measure the “people’s enjoyment” of the countryside, light pollution has a negative effect.

If my noble friend Lord Blencathra’s amendment were accepted, at least in some places, could the meaning of “nature” not be extended to include the soil and the organisms that live in it? In that case, Amendment 11 would be redundant.

Amendments 12 and 31, in the name of the noble and right reverend Lord, Lord Harries of Pentregarth, require the Secretary of State to set targets for the planting of new trees. He spoke with conviction in support of his amendments, but I believe that the Secretary of State already has the necessary power to set targets for tree planting, and I wonder whether this needs to be made a separate priority area.

Amendment 14, in the name of the noble Baroness, Lady Bennett of Manor Castle, seeks to add “nitrogen management” as a priority area, over which the Secretary of State must set a long-term target. Nitrogen is essential for both plant and animal life, but I am not sure that it is necessary to add another priority area because this is surely already included in Clause 1(3)(c), whether we call this “nature” or “biodiversity”. Furthermore, excessive use of nitrogen in fertilisers has already been reduced by more than a third since the mid-1980s.

Amendment 32, in the name of the noble Baroness, Lady Jones of Moulsecoomb, is terrifying, and I hope that my noble friend does not accept it. It seeks to reduce the amount of meat and dairy products that we consume by 20%. I know that the Committee on Climate Change has recommended that we reduce our livestock production, but I am very sceptical that this would have the slightest impact on the amount of carbon dioxide in the atmosphere. Certainly, growing more trees will help, but 65% of British land is suitable only for livestock grazing, and I believe British farmers will find that the growing middle classes in Asia will steadily recognise the quality of our meat products, opening up new and profitable markets for them.

We have grazed cattle and sheep in this country for thousands of years, and the state should not be in the business of telling us to eat less meat, whether through new draconian measures or the application of taxes that would reduce the profitability of our farms, driving farmers off the land and reducing the proportion of our food that is home-produced.

[Lord Young of Norwood Green (Lab) [V]]

My Lords, I congratulate the noble Lord, Lord Teverson, on his amendment, which I support. The marine environment, onshore and offshore, is vitally important, as we on the environmental sub-committee found on many occasions when we were discussing fisheries. Perhaps this is another case of not knowing what we have got until it is gone. There is a danger of over-fishing the environment, and acting in ways that damage the seabed, and that can have profound effects. The noble Lord, Lord Teverson, is right to stress the importance of this issue.

Before I go on to the light pollution amendment, which I have put my name to, I want to emphasise something that the noble Viscount, Lord Trenchard, said. I am puzzled why the noble Baroness, Lady Jones of Moulsecoomb, wants to worry about people eating meat: if ever there was a cause that young people seem to embrace, it is vegetarianism—and indeed veganism. You do not need a government diktat to tell them to do that. Last night, we ate steak at our local pub; today, we had one of Lady Young’s delicious vegetable bakes. You do not need the state to interfere in this—there is a balance to be struck.

I am at one with the points made by the noble Baroness, Lady McIntosh, and the noble Viscount, Lord Trenchard, about meat and dairy farming. Farming is changing fundamentally. As the noble Viscount, Lord Trenchard, reminded us, the use of fertiliser has dropped dramatically, and the way it is applied is much more scientific.

I noticed that there was a sort of aside by the noble Baroness, Lady Bennett, when she referred to mining. Yes, there will be mining, because we want lithium for batteries for electric cars—unless she is proposing that that is not a way forward. There are those who say that we should not be using cars at all, but you would have a job to convince the British public of that. Even there, science and technology are likely to come to our aid: a different type of battery, possibly using sulphur, may well be available in the future.

I think the advice of my noble friend Lord Rooker and the noble Lord, Lord Taylor of Holbeach, was right: we want an Environment Bill, and there is no such thing as a perfect Bill. I remember trying to deal with a Bill on the digital economy—a small Bill that was swamped by about 700 amendments. We have to strike a balance on this Bill.

On the effect of light pollution, I am at one with the noble Lords, Lord Randall and Lord Taylor, and others. There are so many benefits that we can achieve through controlling light pollution. As the noble Lord, Lord Randall, said, lighting has come along in leaps and bounds, and local authorities are quite capable of doing a lot more to control the use of lighting. Although we are now using LEDs, I notice that they still shine just as brightly right through the night, when they clearly do not need to.

I remember driving along a country lane just outside Swanage, with my two young children. It was completely dark. We looked up at the sky and there, before their amazed eyes, was the Milky Way, stretched out before them in a way they had never seen in town. When I said, “Look, there is a shooting star”, I was met first with derision but was eventually proved right. We are probably never going to be able to return to seeing the Milky Way in London, but, as the noble Lord, Lord Randall, and others have brought to the Committee’s attention, we could make a profound difference on pollinators, on the kind of environment that we live in, and on energy saving. I am keen on both those amendments, and look forward to the Minister’s response.

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As a Sheffield Green Party member, I have at this point to refer to the Kinder mass trespass that helped to create some of the basic rights that we have today. People were not granted those rights; they had to win them. I stress to your Lordships’ House that there is now a strong and growing campaign to get more rights. I suggest to the Minister that acknowledging that desire needs to be written into the Bill as a statutory responsibility of government. Then we can start negotiating how much is allowed. I am not expecting him to say, “Yes, I entirely accept everything that was just proposed”, but let us start the conversation.

[Viscount Trenchard (Con) [V]]

My Lords, I think that farmers and landowners welcome the public’s enjoyment of and responsible access to the countryside. Of course, one of the joys of the countryside is that few people are there. If the whole of our urban population walked in the countryside for all their free time, it would be wrecked. There has been an enormous increase in recent years in public access to the countryside. Unfortunately, public understanding of and respect for nature and the countryside environment have not developed commensurately.

The noble Baroness, Lady Scott of Needham Market, in Amendments 8 and 56, seeks to add targets in respect of public access to and enjoyment of the natural environment. I am not quite sure how public enjoyment of the countryside can be measured. It depends in part on the weather. Ironically, the increased, and in many cases unauthorised, public access which has occurred during the past year or more has been the single greatest cause of damage to the land and to nature. There has been a massive increase in fly-tipping, littering and trespassing. All this has produced unexpected costs for farmers and landowners in the very year in which they suffer the first big cut in the direct payments scheme, and this before they are able to compensate their loss of earnings through enrolment in the new ELM schemes.

Natural England has launched a new countryside code, which should be taught in schools, as the CLA has recommended. Farmers and landowners welcome responsible visitors, but it is vital that the increased numbers enjoying the countryside stick to footpaths. They must also understand the risks around livestock. There are many areas where wildlife habitats need protection and should be left undisturbed. So I would not support an unfettered right to roam, and any measures that the Government take to encourage increased public access must be balanced by measures to improve public understanding of, and respect for, the countryside.

Some people believe that agriculture is the enemy of environmentalism, but surely the opposite is true: sustainable agriculture and the recovery of nature can and must coexist. I very much hope that the ELM schemes under development will encourage that. For these reasons I prefer Amendments 9 and 57 in the name of my noble friend Lord Lucas: they presuppose improved public understanding of the countryside. I am not convinced, however, that the countryside needs, or can easily cope with, any accelerated increase in public access beyond that which increased prosperity and improved work/life balance is in any case already enabling.

Amendment 58 from the noble Lord, Lord Bradshaw, is interesting. Illegal use of motor vehicles on private roads and tracks, whether sealed or unsealed, should be prevented by better enforcement, but I do not think that the state should distinguish between driving on sealed and unsealed tracks. Furthermore, many tracks which were sealed years ago are now indistinguishable from unsealed tracks.

The last amendment in this group is Amendment 284, in the name of the noble Baroness, Lady Bennett of Manor Castle. It is probably otiose, in that the Bill already gives the Secretary of State the powers to set targets for the people’s enjoyment of the natural environment. There are already 140,000 miles of public footpaths and other rights of way in England and Wales, and landowners are busy considering what additional paths they might open to the public. Can the Minister confirm whether ELMS will provide the opportunity for land managers to receive grants for allowing permissive access, similar to those which were offered under countryside stewardship schemes?

The noble Baroness suggested that a review should compare public access rights in England with those in other parts of the United Kingdom. Is she not aware how great the differences are? The population density of England is 279 people per square kilometre, more than four times that of Scotland at 67 people per square kilometre, and nearly twice that of Wales at 151 people per square kilometre. The vast difference between England and Scotland in typical terrain and density suggests that a comparison of access rights would be irrelevant, even if interesting. I regret therefore that I cannot support this amendment either.

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

I call the noble Baroness, Lady Quin. She is not here, so I call the noble Lord, Lord Randall of Uxbridge.

Environment Bill

Viscount Trenchard Excerpts

2nd reading
Monday 7th June 2021 Lords Chamber

[Viscount Trenchard (Con) [V]]

My Lords, I thank my noble friend the Minister for introducing this long-awaited and largely welcome Bill. In general, I welcome it, as it provides a robust framework for environmental governance. I observed its progress through another place, and I particularly agree with the amendments tabled by my honourable friend Sir Charles Walker and my right honourable friend Mr Philip Dunne, especially on the subject of water extraction licences. The guidance for the Bill will now clearly state that licences may be revoked or varied without compensation where unsustainable abstraction has led to low flows causing damage. Provisions on the discharge of sewage into rivers tighten the obligations on sewerage undertakers to prepare coherent drainage and sewerage management plans.

It is right and necessary to tighten the rules on abstraction, but does the Minister agree with the CLA that as farming accounts for only 1% to 2% of total water use, farmers should be exempted from the risk of losing their licences where such removal would have only a limited impact on the environment but a comparatively large impact on their businesses and their food production?

The noble Lord, Lord Moore of Etchingham, writing in the Daily Telegraph on Saturday, perceptively pointed out that our attitudes to nature are being kidnapped by the dogma that nature is good and man is bad. The obligations on local authorities to support enhancement of biodiversity, as well as its conservation, are a case in point.

As the noble Lord pointed out, wild boar are already digging up large parts of the countryside, and the return of wolves is touted. Does the Minister consider that Clause 95 confers a general duty on local authorities to support rewilding schemes, and how are they to distinguish between those which should be supported and those which should not?

The desire to restore species which once roamed our countryside is perhaps not dissimilar to a desire to maintain traditional farm buildings, many of which are very attractive, such as ancient tithe barns. They are clearly part of the environment, but because they are manmade, they are not covered by this Bill. I agree with the CLA that heritage, as a key environmental public good listed as part of the 25-year environment plan, should be included in the Bill’s definition of the natural environment. Over half of all traditional farm buildings have already been lost, and stone walls and other features should also be included in the Secretary of State’s annual reports, and in the monitoring and reporting undertaken by the OEP. If the people’s enjoyment of the natural environment is as important as the natural environment itself, as implied by Clause 1(1) of the Bill, why do the Government not recognise that maintenance of many of our traditional farm buildings is crucial to people’s enjoyment of the natural environment? I agree with the noble Baroness, Lady Fox of Buckley, regarding man’s positive contribution to the planet.

I welcome the Government’s decision to introduce a deposit return scheme for recycling metal, plastic and glass bottles and cans. However, the four large brewers, which hold 88% of the beer market, will absorb the cost within their profit margins, thereby driving smaller challengers and craft beer manufacturers out of the market. It is important that the deposit recovery scheme adopted be completely interoperable with the Scottish one. Can my noble friend confirm that the United Kingdom Internal Market Act provides the necessary powers to ensure this? Does he agree that there is at least a strong case for exempting small breweries producing less than, say, 900,000 pints per year from the new requirements?

As I mentioned in connection with the definition of the natural environment, the CLA argues that traditional farm buildings should be covered by the Bill. Clause 110 seems to suggest that the conservation objectives of conservation covenants can include buildings as well as natural features. Will my noble friend explain how conservation covenants relate to the environmental land management schemes through which it is intended that landowners may recover the significant part of their income under the direct payment scheme, which they start to lose from this year? I look forward to other noble Lords’ contributions, and to scrutinising the Bill as it progresses through your Lordships’ House.

Commonwealth Heads of Government Meeting

Viscount Trenchard Excerpts

Monday 17th May 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

The noble Baroness raises an important point. I will certainly write to her on the specific work that we are doing in that respect.

[Viscount Trenchard (Con) [V]]

My Lords, does my noble friend the Minister agree that our leadership of the Commonwealth provides an excellent platform for global Britain to encourage a common approach to free trade, especially in agricultural products, which would do so much to boost development in the poorer member countries? Does he wish to see a commitment in principle to a zero-tariff, zero-quota Commonwealth free trade area, to be introduced in stages over time?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I cannot go into the specifics of my noble friend’s suggestion, although it is a practical one and I will certainly reflect on its importance. We are signing a raft of free trade agreements across the globe, including with Commonwealth friends and countries. I assure my noble friend that we will use our continuing role as Chair-in-Office to ensure that the ambitions to enhance trade and co-operation and boost intra-Commonwealth trade—for example, through the Commonwealth Connectivity Agenda—remain key priorities. We have set an ambition, which we hope to achieve, of $2 trillion of trade between Commonwealth countries by 2030.

Animal Welfare (Sentencing) Bill

Viscount Trenchard Excerpts

2nd reading
Friday 16th April 2021 Lords Chamber

[Viscount Trenchard (Con) [V]]

My Lords, I congratulate my noble friend Lord Randall of Uxbridge on introducing this Bill today. It is absolutely right that the courts should be able to impose sentences in line with what the public rightly have come to expect in the worst cases of cruelty towards animals. As pointed out by the RSPCA, there is something wrong with the present law when, under the Anti-social Behaviour, Crime and Policing Act 2014, a person can go to prison for three years if his dog injures a guide dog, but for only six months for beating his dog to death.

As a result of the commitment and years of hard work put in by my right honourable friend Sir Oliver Heald, Finn’s law, the Animal Welfare (Service Animals) Act, was passed in 2019. As I live very near Buntingford, where Finn the retired police dog and his master, PC Dave Wardell, live, Sir Oliver asked me to sponsor that Bill when it came before your Lordships’ House. Finn had been seriously injured in the course of arresting a miscreant in Stevenage. Noble Lords who were in their place when the Bill was passed on 2 April 2019, with unqualified support from all sides of the House, will remember that Finn barked his approval from the Gallery at the precise moment the House gave its approval.

My right honourable friend had, as part of his original proposals for Finn’s law, included a measure to increase the maximum sentence for serious offences against police dogs and horses and other service animals to five years. At that time, the Government agreed to support his Bill, but without the change in maximum sentence, because it was already their intention to legislate to increase the maximum sentence for all animals, not just service animals.

Last year, instead of introducing a government Bill, they agreed to support my honourable friend Chris Loder’s Private Member’s Bill to achieve the same result. So I am very happy that Finn’s law part 2 is achieved through the passage of this Bill before your Lordships today.

It is also right that the maximum sentences are extended to five years, not just for service animals but for all animals, including domestic animals. As Battersea Dogs and Cats Home has argued, the current six-month maximum sentence available is the lowest in the 100 jurisdictions across four continents that Battersea examined, and there has been overwhelming public support for this change.

Of course, Battersea and other supporters recognise that the maximum sentences will certainly not be appropriate in the majority of cases, and have called for the Government to provide clarity on which offences would merit the tougher available penalties and which may not require a custodial sentence. I strongly agree with what the noble Baroness, Lady Mallalieu, said about this. A uniform approach to sentencing policy in animal welfare cases is very necessary, and I ask my noble friend the Minister to confirm that the Government agree with this.

It is to be welcomed that your Lordships’ House has found the time to debate this Bill today, in the expectation that it can become law before the end of this Session of Parliament.

Heather and Grass etc. Burning (England) Regulations 2021

Viscount Trenchard Excerpts

Thursday 18th March 2021 Lords Chamber

[Viscount Trenchard (Con)]

My Lords, the regret Motion in the name of the noble Baroness, Lady Jones of Whitchurch, is factually wrong. I am surprised that she was allowed to table it because the statutory instrument does not relate to peat burning; it relates to the rotational burning of heather and grass. This is not a trivial point. The Motion talks about “peatland burning” and “peat burning”. It seems to be a deliberate attempt to mislead the House. I trust that your Lordships will reject such an inaccurate and loaded Motion.

The distinction between heather and peat burning is crucial. Heather burning is carried out, among other purposes, to protect peat from being burned. It significantly reduces the risk of wildfires and is the best way to maximise biodiversity, from insects to reptiles and mammals to birds, by providing the full range of habitats that they require. The cool burning of heather, done in winter, does not significantly affect the moss and litter layer beneath the heather, as shown by the Mars bar test.

The new regulations have already led to an increase in cutting, as a substitute for burning, in large areas of blanket-bog moorland, in anticipation of their coming into force. Aside from the fact that cutting is not possible on rocky or steep ground, it is a less effective method of ensuring renewed, healthy heather and grass growth. The brush left behind is a wildfire risk, and other unintended consequences include the fact that, as it rots, it releases high levels of carbon dioxide and phosphorus—as shown by the recent research by the University of York, referred to by my noble friend Lord Ridley. High phosphorous loading in reservoirs can lead to toxic algal blooms and taste and odour problems in drinking water. At least the statutory instrument allows some sensible and pragmatic exceptions to the new restrictions.

I look forward to the Minister’s reply to this debate.

The UK’s Relationship with the Pacific Alliance (International Relations Committee Report)

Viscount Trenchard Excerpts

Monday 1st February 2021 Grand Committee

[Viscount Trenchard (Con)]

My Lords, I thank my noble friend Lord Howell of Guildford for introducing this debate. I must admit that when I signed up to speak, I had mistakenly thought that we would be debating our imminent accession to the CPTPP, which should form an important pillar of the profile of global Britain as we renew and deepen our relationships around the world after leaving the EU. I must also admit that I was not aware of the existence of the Pacific Alliance and briefly contemplated withdrawing from the debate because, although I have spent many years living and working on the eastern shore of the Pacific and have visited California, British Columbia and Hawaii several times, I do not know the Latin American countries of that alliance at all. It is probably true that we hear much more about the Mercosur alliance than the Pacific Alliance, as the former’s total GDP is about 30% greater and, at $2.5 trillion annually, is approaching that of the UK.

However, having read the interesting report of the Select Committee I decided not to withdraw, not least because three of the four member countries of the Pacific Alliance are also members of the CPTPP. It is worth noting that of the other eight members of that organisation, only Japan and Vietnam are not members of the Commonwealth. Furthermore, the fourth country of the Pacific Alliance, Colombia, has given notification of its interest in joining the CPTPP. Of the six Commonwealth members that are already members of the CPTPP, Australia, Canada, New Zealand and Singapore are already associate members of the Pacific Alliance and therefore committed to enter into free trade agreements with it. Therefore, to maximise our influence in and the benefits we can gain from membership of the CPTPP, it seems logical that we should also seek associate membership of the Pacific Alliance and closer relationships with its members on a bilateral basis.

Two of the early continuity trade agreements to be negotiated were those with Chile, in January 2019, and with the Andean countries, which include Colombia and Peru, in August 2019. As your Lordships are well aware, we concluded a continuity trade agreement with Mexico just in time. However, in general, the Pacific Alliance members are not among those countries with which we have as many historical and trade links as others. Guyana is the only South American country which is a member of the Commonwealth.

The committee’s report noted that China is now the largest trade partner of Chile and Peru and is “extending its cultural diplomacy” throughout the region. It is very much in our interest that the UK, together with other democratic partners which practise rules-based free trade, should seek to balance that trend.

Lastly, the recent research paper by Robin Niblett of Chatham House underestimates global Britain’s capabilities. He does not say very much about Latin America but I do not think he is right to suggest that

“Britain will have to fight its way to the table on many of the most important transatlantic issues”.

His supposition that, even outside the EU, the UK Government

“will be better networked institutionally than almost any other country’s”

implies that the EU has added to our soft power around the world. During the years when I lived in Japan, I often attended meetings at the British embassy and at what was then called the Delegation of the European Communities in Tokyo. I am in no doubt that as the European legation grew in numbers and role, it became a competitor to the member states’ embassies. My experience has informed my view that the expansion of the EEAS has diminished slightly even the UK’s diplomatic influence overseas.

I welcome and support the Select Committee’s report’s conclusions, especially that the strengthening of the UK’s relationships with the Pacific Alliance countries, and with the organisation itself, will be invaluable as we negotiate the terms of our accession to the CPTPP.

REACH etc. (Amendment etc.) (EU Exit) Regulations 2020

Viscount Trenchard Excerpts

Tuesday 8th December 2020 Lords Chamber

[Viscount Trenchard (Con)]

My Lords, I am grateful to my noble friend the Minister for introducing these regulations and explaining their effect. I regret that the Northern Ireland protocol has made it necessary to have two different versions of REACH: UK REACH, which will apply in Great Britain, and the EU version of REACH, which will continue to have effect in Northern Ireland.

I trust that our departure from the EU will enable us to revert to a simpler, clearer, common law style of regulation such as we used to apply before the centralising and harmonising powers obtained by the Commission through the Maastricht treaty were applied. This instrument makes it very clear that there is some way to go before we can start to move in that direction.

It is very difficult to follow the detail of the instrument because it amends the 2019 regulations, which were not designed to apply in a situation where the EU regulations continued to apply in Northern Ireland. Therefore, one needs to refer to several different documents, which I find rather testing.

Paragraph 2.4 of the Explanatory Memorandum introduces a definition of GB REACH, and all references to “UK” in the 2019 regulations are being changed to “GB”. However, I ask my noble friend if he agrees that we should call it “UK REACH” rather than “GB REACH”, because GB is an island, not a country. Of course, the instrument would still have to apply the EU REACH regime in Northern Ireland. It is more confusing because, as noble Lords are aware, GB is the two-letter acronym used by the EU to refer to the UK throughout its years as a member state.

It occurred to me that since the REACH regimes are different in Great Britain and Northern Ireland, could not Northern Ireland be made subject to both regimes simultaneously? That presumably would not add any additional bureaucratic burden for Northern Irish businesses, since the content of the regimes is identical on IP completion day. However, would it not offer reassurance to the communities of Northern Ireland that they really are still an integral part of the UK and that this United Kingdom Parliament makes laws which apply to them?

Seventy pages of the withdrawal agreement—327 to 397—list the large number of European regulations and directives that will continue to apply in Northern Ireland. Of course, if the Republic of Ireland should eventually decide that it wished to join the UK customs territory, the problems of the north-south border in Ireland would disappear.

The Prime Minister’s Greenwich speech in February made clear that

“in doing free trade deals we will be governed by science and not by mumbo-jumbo because the potential is enormous.”

In many respects, our rules go further than EU rules, but there are other examples where bureaucratic EU regulatory regimes such as REACH have stifled and inhibited innovation. These measures today will ensure that there will be no cliff edge, that the EU retained version of REACH will work in the UK and that the notification period for existing Northern Ireland product being traded into GB is extended to 300 days, and I welcome them.

I listened to the interesting speech by the noble Baroness, Lady Hayman of Ullock. I think her motives are just to make trouble for the Government but not to try to do anything which might cause fatal damage to an important and necessary measure. However, it is important that, at some point, we fix the impediments and burdens of the REACH regime by developing a simpler, principles-based, pro-competitive chemicals regulatory regime, the outcomes of which may be similar to those of REACH but the detailed regulations of which will be different. I ask my noble friend to confirm that this remains the Government’s intention as soon as the short-term changes and issues arising from moving on from the transition period are completed.

China

Viscount Trenchard Excerpts

Wednesday 17th June 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I am aware of the concerning situation on what is one of the largest borders. We call upon both sides to de-escalate. If there are other matters in relation to this on which I need to update the House, I will of course do as the noble Lord suggests.

[Viscount Trenchard (Con)]

My Lords, the Chinese Government will pay more attention to the wishes and interests of the UK if we are seen to be more fully involved in trade and security collaboration in the Asia-Pacific region. Does the Minister agree that an early application for UK accession to the CPTPP both fits well into our post-Brexit trade policy and shows China that we are standing shoulder to shoulder with other countries, such as Japan and Australia, that share our commitment to representative democracy, the rule of law and free trade? Will my noble friend tell the House when he expects that our application letter might be sent?

[Lord Ahmad of Wimbledon]

I agree with the points that my noble friend has raised. I will write to him on the specific date of the letter. The situation in the South China Sea is well documented, as is the position of Her Majesty’s Government.

European Union Referendum Bill

Viscount Trenchard Excerpts

Tuesday 13th October 2015 Lords Chamber

[Viscount Trenchard (Con)]

My Lords, I, too, am grateful to my noble friend the Minister for introducing this debate. It is a great honour to follow the noble Lord, Lord Davies, who has, unfortunately for me, already attempted to demolish all the arguments I was about to put forward. My experience of having worked as a banker in Japan for 11 years leads me to believe that it is not as simple as he makes out. I am utterly convinced that I was seen primarily as a British person and only secondarily as a European. Although I was privileged to serve as a vice-chairman of the European Business Council in Tokyo, the other Europeans wanted me to do that job because I was British and because, as an Englishman, I would have more influence. The British Chamber of Commerce as a body was probably more influential than the European Business Council. So I have rather a different interpretation of how Europeanness and Britishness mix and complement each other.

Since 1975, the British people have had no opportunity to approve or reject the EU’s relentless march from being the Common Market—principally a free trade area that we joined in 1973—to something approaching a superstate: the European Union of today. In common with most noble Lords who have spoken, I welcome the Prime Minister’s decision to allow the British people a vote on whether they wish to stay in a reformed EU. But we do not yet know how significant the reforms will be. The reforms most British people want involve the restoration of powers to this Parliament and a reduction in the number and reach of EU tentacles, which permeate every area of our national life and every arm of national and local administration.

At the same time, to avoid a further—perhaps fatal—euro crisis, many in Brussels and some of our EU partners, are also seeking to reform the EU, but the reforms they seek involve moving in the opposite direction. They want more fiscal integration and tax harmonisation—basically, the establishment of a single finance ministry for the eurozone. It seems to me that we will therefore become increasingly uncomfortable in remaining a member of the EU on the same basis as the integrating eurozone economies. It is not clear how the interests of the UK and other countries outside the eurozone can be protected. I look forward to the publication of the Chancellor’s document detailing how this can work, as reported in the Sunday Times. This will surely require a new structure for the EU itself, which ideally should recognise the reality of the current situation: that the UK is already a semi-detached member of the EU, as a non-participant in the most important aspect of the European project, the common currency, and also a non-participant in the Schengen agreement.

The Bill before us commits the Government to a referendum on what is still an unknown package of reforms. Is it not customary to publish a White Paper well in advance of a referendum, providing the voters with a clear explanation of what exactly they are voting on? Is it the Government’s intention to publish such a White Paper? Does the Minister agree that it should contain a section explaining in an impartial way the consequences of remaining in the EU and one explaining the consequences of leaving?

While I am still open to the possibility that our European partners will change their minds and allow us to retain our membership but withdraw from the political and judicial structures, it is most unlikely that the commitment to the necessary treaty changes can be obtained in time. Does the Minister agree that, if the leave campaign should prevail, the Government should negotiate a new trading and collaborative relationship with the EU which would preserve the single market and our free trade with the bloc? I am not sure whether this should be defined as a reconstituted EEA or EFTA, or even as a new class of associate trading member of the EU—in which case, does leave really mean leave? It is manifestly in the interests of our European partners to retain our open trade relationship with them even if we can no longer be part of their political project.

It is claimed by those who would advocate remaining a full member of the EU at all costs that our interests would be adversely affected if we no longer had a voice in the institutions of the EU that make the rules. But our voice has not been strong enough to prevent our being outvoted every single time we have objected to a proposal being considered in the European Council. With only 9.7% of the votes in the European Parliament, it is not surprising either that the United Kingdom MEPs, even if they could sometimes agree on anything, are powerless to protect British interests. In these circumstances, fundamental reform of the EU must provide a basis for the UK and other non-eurozone member states to escape the strictures and costs of the political and judicial institutions which are being expanded and developed to bring about ever-closer union, while remaining free trading partners on a basis similar to the current customs union.

There are many other areas where we must and will continue to collaborate with our European partners, but I believe that, in the global world that exists, we will be more successful and retain more influence in the world as a sovereign state. I also believe that our own financial sector regulators—the PRA, part of the Bank of England, and the FCA—should be restored to the position of sovereign regulators, no longer subject to the EBA, ESMA and EIOPA. This is essential in order to prevent further damage to our financial services industry. For example, the alternative asset management industry is already suffering from the application of the harmful and pointless Alternative Investment Fund Managers Directive. It is difficult to see how changes as fundamental as are needed can be obtained without treaty change. If the negotiated changes on which the referendum will be fought involve merely a promise of future treaty change, how can the EU and our European partners be trusted to deliver the promised changes in future?

I welcome the Government’s agreement that the purdah rules will apply during the campaign, but ask the Minister to tell the House what measures the Government are taking to ensure that the European Commission and the European political parties are similarly restricted. I would also like to hear the Minister’s answer to the question asked by my noble friend Lord Lamont in his excellent speech as to why the Government still insist on obtaining a partial exemption from the Section 125 rules. Will she also inform the House when the Government intend to publish the draft regulations?

My noble friend Lord Norton raised the question of a threshold. There was a 40% threshold requirement in the 1979 Scottish devolution referendum, but the problem is that if you have a threshold and only 39% of people vote, it does not settle anything. What happens next? You have to have another referendum, I suppose.

I have to agree with my noble friend Lord Lawson that the EU is a political project rather more than a trade project. I do not think that membership of the EU, or a different kind of trade-based relationship with it, will make much difference to our trade with the EU. However, escaping from the bureaucratic burdens placed on us by full EU membership, will, in my view, help us develop better and closer trading relationships across the world in this global age.