Environment Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Consideration of Commons amendments
Tuesday 26th October 2021 Lords Chamber

Moved by

[Baroness Bakewell of Hardington Mandeville]

At end insert “, and do propose Amendment 43B in lieu—

43B: After Clause 72, insert the following new Clause—
“Bee and Pollinator Safety
Protection of pollinators from pesticides
(1) Prior to any authorisation for use of a pesticide product, an active ingredient, a safener or a synergist, a pollinator risk assessment report, containing scientific data and risk assessment conclusions relating to the effects of the relevant substance, must be published by an expert body consisting of individuals free from vested interests in pesticide use, who must have been independently appointed.
(2) The pollinator risk assessment report must include—
(a) data examining acute and chronic effects of the relevant substance on honeybees, bumblebees, solitary bees, butterflies and hoverflies,
(b) all available scientific evidence relating to effects on any pollinators,
(c) an assessment of synergistic effects, and
(d) the identification of any risks to pollinators where the available evidence is insufficient to reach a conclusion.
(3) The expert body must consult the public on the draft content of the pollinator risk assessment.
(4) A competent authority must not authorise for use any pesticide product, active ingredient, safener or synergist until and unless the public—
(a) has been informed early, in an adequate, timely and effective manner, that a decision will be made,
(b) has been consulted on the decision that the competent authority intends to make, including on any mitigation or restriction measures that are proposed, and
(c) has had access, for the full consultation period, to all statutory risk assessments required for the authorisation decision.
(5) In addition to considerations set out elsewhere, when making any authorisation decision the competent authority must—
(a) aim to achieve a high level of protection for the environment,
(b) be satisfied that there will be no significant short-term negative effect, and no long-term negative effect, on the health of honeybees or wild pollinator populations,
(c) publish, with the consultation referred to in subsection (4)(b), a statement explaining why the competent authority is satisfied that requirements (a) and (b) of this subsection have been met.
(6) This section comes into force on 1 March 2023.
(7) In this section—
“authorise for use” includes authorisation by derogation; “competent authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the Welsh Ministers;
(c) in relation to Scotland, the Scottish Ministers;
(d) the Secretary of State when acting with the consent of either or both the Welsh Ministers in relation to Wales and the Scottish Ministers in relation to Scotland.””

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to the Minister for his time and for that of his officials during the passage of this Bill on the subject of pesticides and pollinators, and for his comments this afternoon. I was disappointed, as were others, that the other place chose to ignore the vote of this Chamber and rejected our amendment on the basis that the law makes provision to protect pollinators from the effects of pesticides. I fear that this is not the case. It is clear from its response that the other place has not fully grasped the extent to which the existing provisions fail to protect any non-honey bee pollinators, and to which the proposed provisions fall outside the pre-existing provisions.

Insect pollinators are vital for the maintenance of ecosystem health and for global food security. Seventy-five per cent of crops species, 35% of global crop production and up to 88% of flowering plant species are dependent to some extent on insect pollinators. There is substantial concern as to their current and future conservation status. Key threats to pollinators include agriculture intensification, particularly habitat loss and pesticide use, climate change and the spread of alien species.

We have had detailed debates on this subject previously, and now is not the time to revisit that detail. I thank the Minister for his commitment and for his comments. I welcome the commitment to assess the use of pesticides in the round, and I look forward to hearing the detail. The Minister speaks very fast, so I will study Hansard to assess his detailed comments. I beg to move.

[Lord Carrington (CB)]

My Lords, I declare my interests as a farmer as set out in the register. I also share with the noble Baroness, Lady Bakewell of Hardington Mandeville, a considerable love of bees. I am not sure whether she intends to press the House on this, but I must set the record straight regarding the use of plant protection products as this is absolutely fundamental to agriculture in this country.

First, PPPs are targeted, not used in isolation. They form a critical component of an integrated pest management approach which carefully considers all available protection methods to discourage development of populations of harmful organisms; their use, and the use of other forms of intervention, are kept to levels that are economically and ecologically justified; and they reduce and minimise the risk to human health and the environment.

Secondly, there is a big misconception that farmers use PPPs even though they do not need to. Farmers only use PPPs when they absolutely must to protect our food supply against pests, weeds and diseases that would otherwise cause us to lose between 30% and 40% of our food production. When farmers use PPPs, they ensure they are only using as much as is necessary and take measures to ensure that they impact only on intended crops.

Thirdly, as stated on numerous occasions, the current regulatory system for PPPs is among the most stringent in the world. All products on the market have been subject to a thorough assessment to ensure a high level of protection of human and animal health and the environment. This includes bees and other pollinators. Insecticides are by their nature toxic to bees and other pollinators; however, the way they are used ensures that the risk of exposure is minimised to levels that do not harm bees or other pollinators. As part of the regulation, an appropriate risk assessment is carried out on all active substances and products before they reach the market. They can be approved for use only if it will result in negligible exposure to honey bees or it has no perceptible, acute or chronic effect on colony survival or development. That is the actual situation. I welcome the Minister’s response to this amendment and I look forward to the result of that.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

I thank noble Lords again for their contributions to this debate. I will briefly address Amendment 43B. I thank the noble Baroness, Lady Bakewell, for, as I understand it, agreeing not to press her amendment—I hope I have not pre-empted a decision—but more importantly, for her work on this vital issue. I agree with the noble Baroness, Lady Hayman, that she has been very effective at raising this issue on the agenda. I am grateful to her for that, and I hope we will be able to continue to work together on this issue as we develop a robust pesticide action plan. I thank her very much indeed.

Much has already been said regarding storm overflows, so I will keep it brief. I thank Members across the House and in the other place for their informed, valuable and passionate contributions. I am pleased that we were able to announce progress today. In response to the noble Baroness on the Front Bench I say that, while the Government must vote against this amendment today, for procedural reasons and to ensure that the House of Commons has an opportunity to deliver the proposed amendment in lieu, that is not a reflection of an ideological difference; it is simply a procedural issue.

My noble friend Lady McIntosh asked a number of questions, in particular about a timeline for the implementation of Schedule 3. It has already commenced and will be completed in 2022; I cannot give a month, I am afraid.

I very much appreciate the comments of the noble Baroness, Lady Jones of Moulsecoomb. On the costs that she talked about, there is a difference between the cost of eliminating harm from overflows and the cost of eliminating overflows. It is the cost of eliminating overflows to which those figures apply. I will not pretend that I have been through the figures myself but, based on everything that I know, the range is anywhere between £150 billion and £500 billion. In real terms, it is not a relevant figure, in that no one is proposing that this amount of money should be spent on infrastructure. The key is the elimination of harm, which would allow the overflow to happen in some cases and for investment in sustainable systems such as reed beds and the like. That would not be the elimination of overflows but it would be effective management of them. It is, however, the correct figure for eliminating overflows.

The noble Lord, Lord Adonis, asked a question on the chemical issue. Again, it is not the case that there is a shortage of chemicals preventing the water companies doing their job. There is currently no disruption to the supply of water, water treatment or the treatment of wastewater. The shortage of HGV drivers had meant that there was a risk that deliveries of ferric sulphate, a water treatment chemical, would be delayed, but the Environment Agency successfully and very quickly mitigated that risk.

On Amendment 65, tabled by the noble Lord, Lord Krebs, I assure noble Lords that the Government will publish a nature recovery Green Paper in the coming months, setting out our approach to supporting nature recovery in England. It will show our commitment to and focus on this matter, which I know is enormously important to almost everyone in this House.

On Amendments 94 and 95, in the name of the noble Baroness, Lady Meacher, I reiterate that we will not have in one year meaningful data with which to assess the effectiveness of this legislation. However, the disagreement that we have is entirely practical; it is not based on our hopes for the effectiveness of this legislation. As I said before, if it is clear before two years that something bad has happened and the Government have chosen to exploit or create a loophole, we will act long before the review deadline of two years. It will be very obvious to us should that be necessary.

Moving on to Motion K, although I ask the House to disagree to Amendment 66, in the name of the noble Baroness, Lady Young, I very much appreciate her remarks and her commitment to the issue; she has pushed it right up the political agenda in a very effective way. I hope that your Lordships’ House will welcome the Government’s progress and the commitment to enhancing the protection of ancient woodlands, on which the noble Baroness and I have agreed, I am delighted to say.

On Motion M, I hope that noble Lords can support the Commons in its Amendments 67A to 67E, which will provide further reassurance to landowners on the issue of conservation governance.

I hope noble Lords agree that, in addition to the progress made in Committee and on Report, we have moved further today to protect our waters, our trees and our landscapes for future generations.

[Baroness Bakewell of Hardington Mandeville (LD)]

I thank the noble Lord for his comments, and I beg leave to withdraw Motion H1.

Motion H1 withdrawn.