Environment Bill

Debate between Baroness Bakewell of Hardington Mandeville and Baroness Bloomfield of Hinton Waldrist

Wednesday 8th September 2021 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

I thank all noble Lords for their contributions to this important debate and the noble Baroness, Lady Bakewell of Hardington Mandeville, for her amendments. I can only apologise that no meeting has taken place between her and the Minister; we have had a lot of meetings over the summer break, and it is a bit of a mystery to us as to why we have not followed up on this. We will investigate and a meeting will be expedited.

I begin by emphasising our commitment to tackling the crime of fly-tipping. We appreciate the difficulty and cost that fly-tipping poses to landowners. We expect all local authorities to exercise their power to investigate fly-tipping incidents on private land, prosecuting the fly-tippers and recovering clearance costs where possible.

Regarding Amendment 39, landowners are already permitted to install CCTV on their land. I am grateful to my noble friend the Duke of Montrose for his contribution. Defra chairs the National Fly-tipping Prevention Group, which has published advice for private landowners on dealing with fly-tipping. To reassure my noble friend, the NFU works very closely with Defra in this endeavour. It actually recommends that landowners consider installing CCTV to protect their property. Subject to data protection laws, landowners may also provide footage to law enforcement authorities to support prosecution cases.

The Environment Bill will give enforcing authorities more powers to tackle fly-tipping and other waste crime, including so-called Facebook fly-tippers operating from their homes. It also grants regulators additional charging powers that will enable them to raise extra funding to tackle waste crime and poor performance in the waste industry.

Turning to Amendments 33 and 37, extended producer responsibility clauses in the Bill already include provisions which could enable asking companies to take full responsibility for their products when they become waste, including when they have been unlawfully discarded. This can include the costs of removing littered or fly-tipped items, including from private land. Measures in the Bill on deposit return schemes will also allow the deposit management organisation to use money received under a scheme for the protection of the environment. This could include costs associated with the removal of littered or fly-tipped items. We have recently consulted on a deposit return scheme for drinks containers to help reduce littering and improve their recycling. While we are not currently considering introducing a deposit return scheme for other items, measures in the Bill will allow us to set up more deposit return schemes for other items, which could include those which are frequently tipped—for example, fridges and mattresses.

On Amendment 41, on compostable plastic, I sympathise with the concern of the noble Baroness. However, the infrastructure to process compostable plastic is not currently widespread enough to include these materials for collection with food waste. We just cannot be certain that compostable plastic can be treated at anaerobic digestion plants or composting facilities in a way that does not increase the plastic contamination in compost. However, I can confirm that the Minister would be delighted to meet representatives of one of these facilities in future. I should also reiterate that we can add compostables as a recycling stream on its own later, when we have the evidence. Evidence suggests that compostable and biodegradable plastics do not fully break down in the open environment and must be treated in industrial composting facilities to be broken down. There is also a lack of strong evidence that compostable plastics provide benefits to soils when successfully composted.

The noble Baroness, Lady Jones, is correct that at present there is no reasonable certainty over whether there are benefits to the final digestate—which I understand is a fertilizer—and compost products resulting from the inclusion of biodegradable and compostable plastic materials as feedstock. However, there are provisions in the Environment Bill to add additional waste streams, provided that they meet the conditions set out in the Bill and that we are clear on the environmental impacts. This will involve further necessary work to understand whether compostable packaging can meet the conditions set out in new subsection 45AZC(4). This must be met before further recyclable waste streams can be added for collection. We are currently analysing responses to our recycling consultation on reforms to recycling consistency, which sought views on the use of compostable caddy liners. I hope this reassures the noble Baroness of the Government’s intentions and I ask her to withdraw her amendment.

[Baroness Bakewell of Hardington Mandeville (LD)]

I thank all noble Lords who have taken part in this debate. The noble Baroness, Lady Jones of Moulsecoomb, referred to local authorities urging householders to use household waste recycling centres, taking mattresses and other items there. That is really useful. The household waste recycling centre in our area is very well used. It has a camera feed on its website which shows what the queues are like, so that if you are at home and waiting to see what time to go in, you will usually find that you can get in between 5 pm and 6 pm without having to queue. Not enough people use those centres.

The noble Duke, the Duke of Montrose, spoke about movement-sensitive cameras. I am not convinced that they would be sufficient as evidence in court for a prosecution. However, the Minister said that Defra produces guidance for using CCTV in a way which would be sufficient evidence for a prosecution.

I welcome the deposit return schemes. I am very interested in their possibly including fridges, and they could probably be extended to washing machines, which often find their way into the countryside.

The noble Lord, Lord Khan of Burnley, referred to the petition which people have signed to say that they are outraged by fly-tipping. It is undoubtedly true that, as people walk or drive around their local areas, they are pretty disgusted by the amount of fly-tipped rubbish that has been left.

On compostable film, I am grateful to the Minister for the offer of a meeting and hope that this can now take place without delay. There is obviously some discrepancy between the information we have received from different sources, and it would be good to have it cleared up.

Having said that, I am satisfied with the response that I have received and am pleased to withdraw my amendment.

Environment Bill

Debate between Baroness Bakewell of Hardington Mandeville and Baroness Bloomfield of Hinton Waldrist

Committee stage
Monday 12th July 2021 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is a pleasure to speak in support of Amendment 251A in the name of the noble Baroness, Lady Jones of Whitchurch, to support the protection of our national parks.

National parks are havens for birds, animals, fish and humans seeking respite from the cares of daily life. They exist all over the world, from Chile up through North America and across Europe. We are exceptionally lucky to have a wide variety of national parks sprinkled across the whole country, from Cornwall to Wales and up to the Cairngorms in Scotland. Each has its own individuality and beauty, sometimes gentle but often rugged and wild. The noble Baroness, Lady McIntosh of Pickering, mentioned their role in tourism.

These national parks are currently protected by the National Parks and Access to the Countryside Act 1949, but this should not allow us to take them for granted. Amendment 251A inserts a new clause into the Bill to provide some protection for the parks when public authorities are making decisions which could affect neighbouring national parks. The duties under the 1949 Act are supported by guidance from Defra, but this guidance is out of date and was last updated in 2005—it is not available on the Natural England website and refers to the now extinct regional development agencies and government regional offices. The current duty provides a backstop when conflict arises between competing interests. However, national parks see this as a last resort.

The noble Baroness, Lady Jones of Whitchurch, laid out the reasons why the duty should be strengthened and gave excellent examples of lack of forethought on the part of public bodies. National parks have management plans; these should be promoted with public bodies, which should have due regard to them. The protected characteristics of national parks should be preserved and public bodies should have regard to both the characteristics and management plans, but this is very weak in terms of compliance and protection.

I fear I will go off on a tangent for a moment. During the passage of the ill-fated Housing and Planning Bill, there was discussion about affordable housing for those working in the parks and young people. This was in reference to Exmoor National Park, which the noble Earl, Lord Lytton, referred to. There were agricultural workers, farmhands, firefighters and other essential workers who worked in the park but could not afford to live there. The noble and right reverend Lord, Lord Harries of Pentregarth, referred to the pressure for housing but suggested that it should be on the edge of the parks. While protecting national parks, I urge them all to have provision for affordable homes included in their management plans to enable those working in them—those who would like to—to be able to live nearer to their place of work. Unnecessary travel adds to climate change and pollution. Living close to your place of work on a national park means you may be able to cycle or walk to work.

The noble Baroness, Lady Bennett of Manor Castle, supported the argument that the current protection measures are not strong enough, and I agree with her. This amendment gives reassurance and provides the mechanism for local authorities and other public bodies—such as the MoD, which operates on Dartmoor and on the borders of other national parks—to take account of how their actions may affect the park, access to it and those living or working in or visiting the park in future. It should be remembered that people live in the parks. National parks should not be wrapped in cotton wool as anachronistic relics. They should be assisted to be fit for purpose today but protected from harmful developments. I fully support this important amendment.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I welcome Amendment 251A from the noble Baroness, Lady Jones of Whitchurch, and the contributions of all those who spoke about the importance of our national parks, on which I think we are all agreed. From the meres and hills of the Lake District to the chalk of the South Downs—and a lot of Wales, I must add—they are some of our most valuable landscapes.

That is why the Government commissioned the independent Landscapes Review, which set out a compelling vision for more beautiful, more biodiverse and more accessible national parks and areas of outstanding natural beauty. The panel’s report recommended strengthening the duty on public bodies to have regard to the purposes of the national parks and to support implementation of management plans. This would have a very similar effect to the proposed amendment from the noble Baroness.

In a Written Ministerial Statement of 24 June, the Government committed to address the review’s recommendations in full and consult on draft proposals later this year. Those draft proposals will address this recommendation. This has been an unprecedented year for the country, so work since the review was published has indeed been delayed, but the Government are working very closely with partners on their response to it. We have committed to address its recommendations in full and to consult on draft proposals later this year. I am of course very happy to meet the noble Baroness, Lady Jones of Whitchurch, as part of the consultation, or we can discuss it earlier if that would be helpful.

The Government support the intention of the noble Baroness to ensure that our public bodies work together more effectively in our national parks. We all agree there has been a problem here. We are currently working closely with partners, including the national park authorities, to consider how best to achieve that aim through our response to the review. However, we cannot accept this amendment, as it is important to work with our partners and consult on any such changes before changing the law, particularly to understand potential implications for those public bodies likely to be affected. The Landscapes Review found strong evidence that public bodies are failing to have adequate regard to the statutory purposes of the national parks. It also found that the effectiveness of the management plans is limited by poor implementation by local partners, including public bodies. The Government take this finding seriously and are working with partners to consider carefully how to address it.

A number of noble Lords raised the question of infrastructure plans in the national parks. The 2010 National Parks Circular and the National Planning Policy Framework are very clear that national parks, the Broads and areas of outstanding natural beauty are not appropriate locations for major development. I will look into the specific cases that they raised and provide more detail on those if appropriate.

I also assure the Committee that, since the Glover review was published, the Government have been supporting important work in our protected landscapes through our nature for climate fund and green recovery challenge fund to restore nature, tackle climate change and connect communities with the natural environment. The Government have also recently announced their new farming in protected landscapes programme, which will provide additional investment to allow farmers and other land managers to work in partnership with our national park authorities to deliver bigger and better outcomes for the environment, communities and places.

My noble friend Lady McIntosh asked a number of questions, particularly on ELMS. This funding will help to drive forward delivery of the Landscapes Review on people, access, nature and job creation, responding to the public appetite from Covid-19 for better access to nature. Specifically, the fund should help to support delivery of the Landscapes Review recommendations on connecting more people to protected landscapes, delivering the new environmental land management schemes, increasing the diversity of visitors through tourism, creating landscapes which cater for health and well-being, expanding volunteers and rangers and providing better information and signs. Specifically, this funding will help farmers to shift towards delivering environmental benefits which, in the future, could be supported by environmental land management, particularly the components that support local nature and landscape recovery.

I thank the noble Earl, Lord Lytton, for his contribution. Sadly, I have not been able to receive divine intervention quite in time to respond to his specific questions, particularly about earlier legislation, but I will write to him and put a copy in the Library. I hope that I have now provided assurance to the noble Baroness that we share her aims for national parks: we just need a bit more time to work with public bodies, including national parks themselves, to get this right. I therefore hope she will agree to withdraw her amendment.

Environment Bill

Debate between Baroness Bakewell of Hardington Mandeville and Baroness Bloomfield of Hinton Waldrist

Committee stage
Monday 5th July 2021 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I, like many of your Lordships, find the news reports showing plastic waste from the UK being dumped and burned abroad very disturbing. It is illegal activity and we are working hard with partners abroad to find a resolution. As outlined in our manifesto, the Government are fully committed to banning the export of plastic waste to non-OECD countries, using the powers in the Environment Bill.

The noble Baroness, Lady Bakewell of Hardington Mandeville, brought up the Greenpeace campaign, which claimed that all UK plastic waste is exported to be dumped and burned overseas. That is false. It is illegal to export waste from the UK to be burned or dumped overseas. Any UK operators found to be illegally exporting waste can face a two-year jail term and an unlimited fine.

Waste exports need to be made in accordance with the legislation, which implements our obligations under the Basel convention and the OECD decision on waste, and we have a system of inspections in place to verify compliance. Over the last 12 months, monitoring by the Environment Agency has had a particular focus on preventing illegal plastic waste exports. In 2020, the Environment Agency prevented the illegal export of 46 shipping containers of plastic waste to Turkey, and this year it has already prevented the illegal export of 122 containers of plastic waste to Turkey.

Defra officials and the UK waste shipment regulators have been liaising with the Turkish authorities to forge better working relationships. The Environment Agency has developed a good relationship with the Turkish Ministry of Environment, which has expressed its thanks for the UK’s collaborative approach in preventing illegal exports of waste to Turkey.

My noble friend Lady McIntosh of Pickering mentioned ghost ships. I reiterate that ships which reach the end of their lives must be recycled in accordance with the relevant legislation. As with any waste that is exported from the UK, it is illegal to export waste for disposal except in exceptional cases.

A number of noble Lords mentioned capacity, including my noble friend Lady McIntosh of Pickering, the noble Lord, Lord Khan, and the noble Baroness, Lady Bakewell of Hardington Mandeville. Certainly, implementing a ban on exports of plastic waste to non-OECD countries will have wide-ranging effects on local authorities, our domestic waste infrastructure and businesses. It is important that delivering the manifesto commitment does not result in unintended consequences such as plastic waste being diverted from recycling operations to landfill or incineration. Defra has commissioned research looking at the available reprocessing capacity in the UK and the OECD, which will inform policy development ahead of a consultation in 2022. However, I thank the noble Baroness, Lady Bakewell of Hardington Mandeville, for her amendments.

Clause 61 provides full powers to update our existing regulations on waste shipments as necessary, now that we have left the EU, including prohibiting the import and export of waste to any country in the world, so we could, for example, put Turkey on that list. Although the intention behind the noble Baroness’s amendment is welcome, unfortunately it would narrow the available power’s effect so that it could be used only very strictly to make regulations connected with prohibiting waste imports and exports. That could preclude us from making additional reforms that I know the noble Baroness would welcome: for example, to update reporting and monitoring requirements in connection with the regulation of waste imports and exports in future. It is appropriate to provide the Government with flexibility in this case as to when and how such provisions and regulations are made. This will ensure that regulations can be updated and revised as needed to crack down on the harmful export of polluting plastic waste to developing countries.

A number of noble Lords raised the question of the incineration of plastic waste. In particular, my noble friend Lady McIntosh of Pickering mentioned an innovative scheme from, I think, the University of York. A number of small firms are evaluating myriad scientific methods of reusing and recycling all forms of plastic, in particular those that cannot be got rid of in any other way. They include one which breaks down the plastic in question’s relevant chemical components, which then can be made into an oil that can be used to provide power. The noble Baroness, Lady Jones of Moulsecoomb, will be reassured that these are not processed for incineration. I do not have enough lines to satisfy the noble Baroness on the question of general incineration, so I commit to write to the House about other ways in which we can prevent plastics ending up being incinerated.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to all noble Lords who have taken part in this short debate and to the Minister for her response. I am aware that it is illegal to export waste for it to be dumped; nevertheless, that is what is happening. I am aware too that the Local Government Association does not support this amendment as it believes that the cost of dealing with plastic waste will fall on local authorities, at a time when their budgets are under severe strain. I sympathise with that viewpoint. However, as I have said, I do not believe that householders who are taking the trouble to separate their waste for it to be recycled understand that their plastic waste is being sent to countries where it is not being treated in an approved manner. More investment is needed in infrastructure. The noble Baroness, Lady McIntosh of Pickering, mentioned in-house recycling plants. I have also visited such plants and know how effective they can be. In some cases they can convert waste to energy, which is very useful.

I am grateful for the support of the noble Baroness, Lady Jones of Moulsecoomb, and the noble Baroness, Lady Boycott. Deposit return schemes are an important part of the answer but the Government need to be proactive on their behalf. There are many instances where each one of us can take steps to reduce the amount of plastic we buy and use, and publicity will be key to ensuring that this is a success. I regret that neither the LGA nor the Government are taking reducing the production and use of plastic seriously enough, and I may return to this issue on Report. However, for the moment, I beg leave to withdraw my amendment.

Environment Bill

Debate between Baroness Bakewell of Hardington Mandeville and Baroness Bloomfield of Hinton Waldrist

Committee stage
Wednesday 30th June 2021 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

It is quite rare that we have virtual unanimity around the Committee on something being a major problem, so I thank noble Lords for taking part in the debate.

On Amendments 123, 136, 137 and 138, tabled by the noble Baroness, Lady Bakewell of Harlington Mandeville, fly-tipping is a crime that affects all of society, including rural communities—perhaps mostly rural communities—and private landowners. We are committed to tackling this unacceptable behaviour. We appreciate the difficulties and costs that fly-tipping poses to landowners, as outlined by the noble Baroness and by my noble friend Lord Ridley. We are working with a wide range of interested parties, through the national fly-tipping prevention group, including with the NFU, to promote and disseminate good practice, including how to prevent fly-tipping on private land. I do appreciate the noble Lord’s suggestion on birthday balloons. I can assure him that I have not received any today—but my noble friend Lord Randall is absolutely right to mention the serious harm that Chinese lanterns can do to livestock.

In essence, we expect all local authorities to exercise their power to investigate fly-tipping incidents on private land, prosecuting the fly-tippers and recovering clearance costs where possible. As a number of noble Lords mentioned, with more people enjoying the outdoors than ever before with Covid, we have recently published an updated version of the Countryside Code in order to educate and help people enjoy the countryside in a safe and respectful way. I know how difficult it was, during Covid, when a number of local authority tips were closed, and I am sure that this increased the incidence of fly-tipping, particularly of large items.

In the Budget of 2020, we allocated up to £2 million to support innovative solutions to tackle fly-tipping. In April 2021, we commissioned a research project considering the drivers, the deterrents and the impacts of fly-tipping. This research project is due to be completed before the end of this year and will support informed policy-making. We are exploring additional funding opportunities and priorities, including considering the role of digital solutions, obviously including CCTV.

The measures in the Bill will grant greater enforcement powers and the ability to increase penalties in the future, which should help to reduce the incidence of both urban and rural fly-tipping. I should say here that Defra chairs the national fly-tipping prevention group, working with the NFU and others to share advice, and this group met in the spring.

My noble friend Lord Randall asked about fines. Local authorities have legal powers to take enforcement action against offenders. Anyone caught fly-tipping may be prosecuted, which can lead to a fine, up to 12 months’ imprisonment, or both, if convicted in a magistrates’ court. The offence can attract a fine, up to five years’ imprisonment, or both, if convicted in a Crown Court. I appreciate the difficulties of identifying some of the perpetrators of this crime. Instead of prosecuting, councils may choose to issue a fixed-penalty notice, an on-the-spot fine. Local authorities can issue fixed penalties of up to £400 to both fly-tippers and householders who pass their waste to an unlicensed waste carrier. Vehicles of those who are suspected of committing a waste crime, including fly-tipping, can be searched and seized.

As the noble Earl, Lord Lytton, suggested, waste transportation is in urgent need of an update. Waste tracking is still largely carried out using paper-based record-keeping. This makes it really difficult to track waste effectively, as it provides organised criminals with the opportunity to hide evidence of the systematic mishandling of waste, leading to fly-tipping. The Bill will tackle this by introducing a new electronic system for tracking waste movements through Clauses 57 and 58 and will provide enforcing authorities, including the regulator, with enhanced powers to enter premises. We will be consulting on the detail this summer.

In addition, powers in the Bill also allow for the “polluter pays” principle to cover costs associated with the unlawful disposal of products or materials, as set out in Schedule 5, Part 2. This includes the cost of removing littered or fly-tipped items, including from private land.

Measures in the Bill on deposit return schemes will also allow the deposit management organisation to use moneys received under a scheme for the protection of the environment, including to cover costs associated with the removal of littered or fly-tipped items currently borne by farmers or private landowners. The noble Baroness, Lady Bennett, mentioned the dreaded term “planned obsolescence” and made a very good point. Notable initiatives have recently got into the public vernacular, such as “The Repair Shop” and other ways of recycling, reusing and restoring materials. The “polluter pays” principle in Schedule 5 includes powers to make producers pay for managing products at the very end of their life, and the disposal vernacular should become “recycle and reuse”.

The noble Earl, Lord Lytton, also asked about costs of disposal. Waste disposal authorities may make only reasonable charges for waste disposal. We will review HWRC services and the Controlled Waste Regulations and, subject to consultation, we will amend them to ensure that they remain fit for purpose and that charges are fairly applied.

In conclusion, I thank the noble Baroness for bringing forward these amendments. I am afraid that I am unable to answer her point on illegal storage, but I will write to her on that specific issue. In the meantime, I hope I have reassured noble Lords that these amendments are not needed, and I ask the noble Baroness to withdraw her amendment.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to all noble Lords who have taken part in this debate, and I thank the Minister for her response. I am encouraged that the Government are working with the NFU and other bodies to find solutions. Fly-tipping, as we have heard, is on the increase, and we have heard some very graphic descriptions of how this has affected landowners and farmers. It is, as the noble Viscount, Lord Ridley, has said, a great inconvenience as well as very costly.

During the pandemic, the household waste recycling centres were indeed closed. When they reopened, there were huge queues around the corner. Unlike the noble Earl, Lord Lytton, householders in our area do not have to book a slot, and you can see what the queue is like on the website so that you can choose your time: usually a good time is about half an hour before it closes at 5 pm. So it is possible to access the HWRCs, but it is not easy.

The situation with CCTV signage is exceedingly unhelpful, and I ask the Government to look into this. It is a bit like having a sign for a speed limit: we get the sign saying that there is a speed camera, and by the time traffic reaches the camera, everybody has slowed down. If we are to have CCTV to prevent fly-tipping, I do not think we need signage to alert the perpetrators that it is on the way. As the noble Lord, Lord Blencathra, said, there is an issue of natural justice here, and the need to crack down on criminals, especially organised criminals.

I was very concerned when the noble Lord, Lord Carrington, said that he had had asbestos dumped on his land. That is an extremely toxic substance, and if householders find that they have some asbestos, perhaps on their roof, or in an extension, it costs them quite a lot to get rid of it at the household waste recycling centre. I wonder whether local authorities could think about reducing some of those costs, so that asbestos is not dumped but disposed of safely. It is outrageous that it should be dumped in the countryside, where it is a threat to animals and humans.

We have all made the point that there must be a shift from the landowner paying to the polluter paying. That has to happen as a matter of urgency. I welcome the Minister’s reassurance that there will be publicity around the Countryside Code. It could do with a bit of a relaunch, because I am sure people are not aware of how to behave in the countryside. More needs to be done to encourage local authorities to go for the maximum fixed penalty notice, instead of some derisory sum. I am grateful for all the contributions, and I beg leave to withdraw my amendment.

Fisheries Bill [HL]

Debate between Baroness Bakewell of Hardington Mandeville and Baroness Bloomfield of Hinton Waldrist

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords & Ping Pong (Minutes of Proceedings): House of Lords
Thursday 12th November 2020 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, noble Lords will be aware that we have worked closely with the devolved Administrations in the development of the Bill. This has led to various requests from them for additions to the Bill, many of which could otherwise have been made under their own legislation. The department’s preference is to be collaborative and constructive when working with the devolved Administrations. Given the pressure that parliamentary timetables are facing it was felt that, in this spirit of co-operation, the Government should make these changes for them. These amendments support a collaborative approach to fisheries management across the UK.

We have waited until now to make these changes as we wanted to ensure that the devolved Administrations’ legislative consent processes had been successfully completed before tabling some of these amendments. It was not until Report in the other House that all three DAs consented to the Bill, allowing for the other place to agree a package of amendments relating to the DAs. The amendments relating to the devolved Administrations’ functions can be divided into seven themes, and I shall explain what each theme does.

At the request of all three Administrations, Amendment 10 and consequential Amendments 23 and 40 will enable a sea fish licensing authority to exercise fisheries and related product movement functions on behalf of another such authority. This would facilitate arrangements for one Administration to become a single point of contact for the fishing industry, or to deliver a speedy process on behalf of the other Administrations. This could be used, for example, in relation to verifying catch certificates. Consequential Amendments 6, 15 and 16, 18 to 20, 41, 69, 71 and 75 move definitions so that they apply across the whole Bill.

Turning to technical SI extensions to foreign boats, the Scottish Government and the Department of Agriculture, Environment and Rural Affairs, or DAERA, requested that we extend technical fisheries management measures in some of their secondary legislation to foreign boats, as provided for in Amendment 39. Amendments 29 to 38 make consequential changes to Schedule 4 as a result of Amendment 39. These regulations help protect vulnerable stocks, for example by prohibiting the catching of undersized fish. This is in line with our policy of ensuring that any foreign boats given access to UK waters comply with restrictions that apply to UK boats. Similar provisions have been made in Schedule 2 for England and Wales statutory instruments. Noble Lords will understand the pressures of getting the statute book updated in readiness for the end of the transition period. It would have been very challenging for the Scottish Government and Northern Ireland Executive to have delivered these changes to secondary legislation themselves.

As for procedural changes, at the request of the Scottish Government, Amendment 43 and consequential Amendment 25 confirm that orders made under Section 22A of the Sea Fish (Conservation) Act 1967 can be made under the negative procedure, which is not clear under the current drafting. At the request of Scottish Government lawyers, and following advice from UK Government lawyers, these changes are applied retrospectively to remove any uncertainty about the effect of existing Scottish statutory instruments.

Turning to Wales, the definition change and Senedd competence, Amendments 12 and 24 reflect a change requested by the Welsh Government to the definition of “Wales” in primary legislation, consequential on the extension of Welsh competence provided by the Bill in relation to the offshore zone. Additionally, Amendments 7 and 73 clarify that where the Senedd has legislative competence, subject to the consent of a Minister of the Crown, Welsh Ministers will also have equivalent executive competence, subject to the consent of the Secretary of State. Amendment 72 clarifies that the scope of the Welsh Ministers’ powers to make regulations under Clauses 36 and 38 is specific to sea fishing.

Regarding DAERA marine powers and other technical changes to Schedule 10, Amendment 85 and consequential Amendments 86 to 88, 90, 91 and 93 to 96 provide DAERA with the power to manage fishing activity in the Northern Ireland offshore region for the purpose of conserving the marine environment. Similar provision for England and the other devolved Administrations is in Schedule 10. At their request, we are also making minor changes to the powers of the Scottish and Welsh Ministers in Schedule 10 in government Amendments 80 to 84, 89 and 92. These include changes to the parliamentary procedure for some orders and adding time limits to emergency orders made by Scottish Ministers.

In conclusion, I am pleased that the devolved Administrations have now consented to the Bill, which is an excellent example of collaborative working. I hope noble Lords will appreciate the need for this package of amendments agreed to in the other place, which supports the alignment of fisheries management across the UK. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, I am grateful to the Minister for her introduction to this hefty group of amendments. These amendments deal with requests from the devolved Administrations, as she said. Most are consequential on four main amendments. Like the noble Baroness, Lady Jones of Whitchurch, I am interested in the way the devolved Administrations have amended the Bill, when during our debates in Committee and on Report we were told that there could be no amendments that might affect the devolved Administrations.

The main amendments are Amendments 10, 12, 39 and 85, alongside a raft of minor drafting amendments. Amendment 10 and the amendments consequential on it—Amendments 15 and 16, 18 to 20, 23, 40 and 41, 69, 71 and 75—provide arrangements for a sea fish licensing authority, which is the Scottish Ministers, the Welsh Ministers, the Northern Ireland department and the MMO. We support these. Amendments 12 and 24 are consequential on Clause 43 and relate to the interpretation of the Welsh legislation, in both English and Welsh, and to the offshore zone, subject to the Secretary of State’s approval.

Amendment 39, which is extremely important, inserts legislation relating to several regulations affecting shellfish, scallops, sharks, skates and rays, razor clams, et cetera, in Scotland and Northern Ireland. Amendments 29 to 38 are consequential on Amendment 39. The fish and shellfish in the list in this amendment are nearly all endangered in one way or another, and it is important that there is transparency over their protection and that they are not overfished or taken undersized, as the Minister said. The list is extensive; as it is at the request of the devolved Administrations, we are happy to support these amendments, but we make the point that these fish and shellfish need to be sustainable and their stocks carefully monitored.

Amendment 85 and consequential amendments insert new powers into the Schedule for the Northern Ireland department relating to exploitation of sea fishery resources in its offshore region. This also includes consultation with the Secretary of State, the MMO, and Scottish and Welsh Ministers. Consultation has risen rapidly up the fishing agenda on a range of matters, and consultation with the devolved Administrations is essential. The sheer number of amendments we are debating today indicates that some of this can be very last minute—that is a bit of a danger. However, there are legitimate reasons for these amendments and for them being so late, so we support them, albeit at a somewhat late stage of the process.

Agriculture Bill

Debate between Baroness Bakewell of Hardington Mandeville and Baroness Bloomfield of Hinton Waldrist

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Tuesday 15th September 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, I congratulate those taking part in this group of amendments on their stamina. Given the late hour, I will be brief. These two amendments in the names of the noble Lord, Lord Cameron of Dillington, and the noble Earl, Lord Devon, deal with assisting farming families through wider rural economy means. I have listened carefully to the interesting and informative debate we have had, and can agree with the majority of the comments made.

However, as the noble Lord, Lord Cormack, said during his contribution on the first group of amendments, this is the Agriculture Bill and should be primarily about land cultivation and management. This is a view shared by many, but not all, noble Lords who have spoken during the first day of Report.

I believe that the shared prosperity fund should support those in very rural areas and provide for them through RDPs, but wish that this should be confined to the transition period. I look forward to the comments on this group by both the noble Baroness, Lady Wilcox of Newport, and the Minister.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I beg to move that we adjourn the debate on Amendment 43.