Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021

Baroness Bennett of Manor Castle Excerpts

Tuesday 26th January 2021 Grand Committee

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I thank the Minister for his clear explanation of this SI. I have three brief sets of points to make. Given that the SI is about the management of fertilisers and ammonium nitrate material, an intensely environmental issue, I hope the Committee will forgive me if I take a minute to reflect on this morning’s news about the delay of many months to the Environment Bill. My inbox is full of expressions of fury and disbelief. When we are the chair of COP 26, this can be described only as very depressing and embarrassing. There is a huge legislative lacuna, a gaping gap in UK law, and it sends a message about the importance with which the Government regard environmental issues in this hugely nature-depleted, polluted and contaminated land. Work on the Bill began in July 2018. We will potentially go into the biodiversity COP in October without that law, and it may even be a scrape to get it in before COP 26 itself starts.

I have two questions for the Minister, although I understand that he may not be able to answer them now. What will happen with the Office for Environmental Protection and what will happen about giving farmers certainty about applying the fertilisers we are talking about now, in terms of environmental land management schemes? My second question concerns the fact that we are now discussing artificial fertilisers. The Committee may remember my interest in soil science, so I hope Members will give me for venturing a little into that.

There was an old Italian proverb in the 1930s that said that artificial fertiliser was “good for the father and bad for the son”. That was about the environmental damage—the level of soil damage—done by artificial fertilisers. Having just come out of the Oxford Real Farming Conference and heard lots of excellent things about soil, and having seen reports from its companion, the Oxford Farming Conference, there is increasing understanding of the impact of nitrogen fertilisers, not just on the climate emergency—nitrous oxide has 298 times the global warming potential of carbon dioxide and stays in the atmosphere for an average of 114 years—but also on soil structure. In healthy soils, with low levels of nitrogen, one sees that microbes do not metabolise carbon compounds but instead excrete them as polymers that act as a glue holding the soil together. Of course, we are seeing, with the floods around the UK now, some of the huge damage that the loss of soils can do, when we do not have that soil structure.

I come to a specific point about this SI, and I follow the point made by the noble Baroness, Lady McIntosh of Pickering, who, with her customary depth and grasp of detail, asked some detailed and important questions. I particularly pick up the point she raised about paragraph 7.3 in the Explanatory Memorandum, which says:

“Manufacturers who currently market ‘EC fertilisers’ in Great Britain and in Northern Ireland will need to be established in the EU to continue to market ‘EC fertilisers’ in Northern Ireland”.


This seems to be a pattern we often see, so what advice are the Government giving potential or current manufacturers? Are people being told to take their business out of the UK and to set up in the EU? Have the Government made any assessment of the economic and job impacts in this industry and more broadly?

I want to raise a related point with the Minister; I would be happy to share the source with him later. There is a report from the Belfast News Letter which reflects some of the questions of the noble Lord, Lord Dodds. It is about peat and it quotes Robin Mercer from the Hillmount Garden Centre, who said that it is

“now illegal to import a plant which contains on its roots any soil or bark-based peat-free compost”,

but legal to import, albeit with lots of paperwork, plants that are contained within peat. I am sure the Minister is well aware of the issues around peat and the need to move away from peat-based compost. Will he look into this and see whether there is any way to ensure that we are not encouraging, through this and other statutory instruments relating to the end of the Brexit transition period, environmental damage through agricultural practices?