European Union (Withdrawal) Act

Baroness Hayman of Ullock Excerpts

Thursday 10th January 2019 Commons Chamber

[Sue Hayman (Workington) (Lab)]

I was relieved to hear that the Secretary of State’s son is making an excellent recovery. I am sure that many Members were shocked when they heard about the accident.

We are here today to debate environmental protections following Brexit. We are at a critical time for the future of Britain’s environment and the Government must be ambitious when it comes to protecting our environmental standards; otherwise, we could sleepwalk into an environmental crisis. Unfortunately, the withdrawal agreement does not contain a whole lot of action or ambition. The Government should commit today to strong, enforceable and measurable targets that go even further on environmental standards. We want to see no backsliding, only progress. The onus is on the Secretary of State to get to work immediately to make good on his many promises and to deliver a better environment, post-Brexit.

Thanks to the Labour amendment to the European Union (Withdrawal) Bill, Ministers have had to publish their draft Environment (Principles and Governance) Bill. While I welcome its publication, it falls far short of what we were led to expect. Again we have warm words with no substance to underpin them. The withdrawal agreement requires us to establish effective oversight and enforcement of environmental law. Enforcement therefore relies on having an independent and adequately resourced body or bodies to hold public authorities to account. There have been warnings that we are facing a “governance gap” for environmental protection, post Brexit. Nothing can replace the full powers now held by the EU and the European Court of Justice, but a powerful watchdog would make a real difference, so it is disappointing that the proposed office for environmental protection will lack teeth and will not be directly accountable to Parliament. It must be able to enforce the law and it must be properly resourced. We need an environmental watchdog with real power, independence and scope. The office must hold Ministers to account, not do their bidding.

The Government’s track record on the environment has been woeful. They have repeatedly failed to tackle toxic air, they have given the green light to fracking and they have pushed ahead with Heathrow expansion regardless of the environmental impacts. Labour has pressed the Government repeatedly on the need to enshrine crucial environmental principles, such as the precautionary principle and the polluter pays principle, into domestic law. I am pleased that these are in the draft Bill, and I am glad that Ministers have recognised their importance, but will the Secretary of State tell us whether the principles, as drafted, are legally enforceable, and what will need to be included in the national policy statement to interpret their application? He often repeats the mantra that the Government intend to leave our environment in a better state than they found it, but we need to know how the draft Bill will deliver this, with legally binding, ambitious and measurable goals and plans.

There are serious questions as to how effective the proposed office for environmental protection will be if we accept imports with lower environmental standards. The Secretary of State is well aware that some of his colleagues are pushing ahead with plans to open us up to lower-quality imported produce. Brexit cannot be used as an excuse to allow deregulation and the undercutting of our high standards. Will he give concrete guarantees that this cannot happen? Unlike the International Trade Secretary, who has dismissed concerns about chlorinated chicken, I do not see the prospect of importing food produced to lower standards as any kind of prize. The Secretary of State needs to stand up for Britain.

[Kerry McCarthy]

On that point about ensuring that there is no lowering of standards in any post-Brexit trade deals, will my hon. Friend be supporting my new clause 1 to the Agriculture Bill and a similar amendment that the Chair of the Environment, Food and Rural Affairs Committee has tabled, to make absolutely sure that we do not see a lowering of standards for food coming into this country? As we saw at the Oxford farming conference last week, farmers certainly do not want that to happen either.

[Sue Hayman]

I thank my hon. Friend for her intervention. A number of amendments have been tabled to the Agriculture Bill and we are looking at them closely. Her new clause is important, and we are taking a close look at it. It would be useful to have a conversation with her about it at a later date.

[Chris Green (Bolton West) (Con)]

The suggestion at the heart of what the hon. Lady is saying is that she has no confidence in the Labour party to champion the cause of the British people on workers’ rights or environmental standards. There should surely be a post-Brexit competition between Labour and the Conservatives on championing those causes, and any political party wanting to slash standards would be condemned by the British people. She should have more confidence in the Labour party.

[Sue Hayman]

I have absolutely no idea what the hon. Gentleman is talking about.

[Huw Merriman (Bexhill and Battle) (Con)]

This is a crucial time. This is not about what Parliament votes against, but what Parliament actually stands for to make the decision happen. What will the Labour party do to enact the decision that was made two years ago?

[Sue Hayman]

I am sure that the hon. Gentleman is aware that my party does not believe that the agreement on the table is good enough. If it is voted down next week, as many in this House believe it will be, we should go back to the country and have a general election, so that my party can actually look forward to working for a better deal.

[Several hon. Members rose—]

[Sue Hayman]

I will make some progress, because many Members want to speak and the Secretary of State was generous with his time.

The Prime Minister said that the environment Bill will be world leading, so where is the duty and obligation within the agreement to reduce the UK’s global environmental footprint? Labour wants to see good-quality, affordable food available to all but that must not come at the expense of environmental and animal welfare standards, workers’ rights or societal protections.

[Antoinette Sandbach]

The managing director of Arlo Foods warned that a no-deal Brexit would see shortages of products and a sharp rise in prices, turning everyday staples like butter, yoghurt, cheese and infant formula into occasional luxuries. Does the hon. Lady therefore agree that, by voting against this deal, the Labour party risks that outcome?

[Sue Hayman]

Labour does not want no deal. We understand the risks that that would bring, which is why we are saying that if the Prime Minister’s deal is voted down next week, we should go for a general election. However, we also think that the Prime Minister has had nearly two years to negotiate this deal. She could have had something much better. It is unacceptable that we have so little after two years.

[Patricia Gibson]

On a point of clarification, if we get to the point where we have the general election that the hon. Lady and her party are seeking, would Labour’s position be to support or oppose Brexit?

--- Later in debate ---

[Sue Hayman]

Our position at the moment is to go for a general election so that we can negotiate an improved deal.

[Several hon. Members rose—]

[Sue Hayman]

I will make some progress because many people want to speak.

The Government have failed to put in place any measures in the Trade or Agriculture Bills to ensure that all food and agricultural products imported into the UK will be produced to standards equivalent to our domestic ones. We want British food production to go from strength to strength while protecting our precious natural environment, but that will not happen if Ministers insist on kowtowing to Donald Trump.

On our future relationship with the EU, what mechanisms do the Government intend to put in place to enable continued co-operation on all environmental issues, from biodiversity to collaboration on tackling climate change? Will we continue to participate in the European Environment Agency and the European Chemicals Agency?

[Geraint Davies]

On standards, is my hon. Friend as concerned as I am that, if we do Brexit, rather than negotiating with the US as part of team EU, which is a big conglomerate, we will be in a much weaker position on food standards, chlorinated chicken and so on? Indeed, I made the point to the Secretary of State about frackers being able to sue us because we will be outside the orbit of the European Court of Justice.

[Sue Hayman]

My hon. Friend makes an important point. It is critical that we do not allow our standards to fall.

[Vicky Ford]

Like me, the hon. Lady wants to maintain environmental standards, to have high animal welfare standards and to continue co-operation with Europe on chemicals, for example. However, unless there is a withdrawal agreement, the EU has made it clear that we cannot make progress on the future relationship to agree to such things. Will she please confirm why Labour will not support the withdrawal agreement? We cannot get on with other negotiations without it.

[Sue Hayman]

I think we have made it pretty clear why we are not supporting the withdrawal agreement. My right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) made that quite clear in the debate yesterday and I do not want to get into all those arguments again when they have already been clearly expressed on the Floor of the House.

[Chris Bryant]

The point is that this is about not just the withdrawal agreement, but the withdrawal agreement and the political declaration. The political declaration is so imprecise that it could mean absolutely anything to anybody. There is no security treaty, which is what the Prime Minister was demanding, and there is no surety as to what we will have on the European arrest warrant. That is why we cannot support what is frankly a pig in a poke.

[Sue Hayman]

Absolutely. My hon. Friend puts the argument in a nutshell. The political declaration contains only one paragraph referring to protecting rights and standards, which just shows how low down the list of priorities they are for the Government.

What do the Government have planned to replace current EU funding for nature conservation, low-carbon infrastructure, and environmental research and innovation? We also await the return of the Fisheries Bill on Report, so how do the Government intend to safeguard and manage our marine environment, protecting our healthy seas and sustainable fish stocks? British wildlife is also in freefall, so we need the Government to set ambitious and measurable goals to provide certainty for the future of our natural world. We need an action plan and an ambitious timescale in which to deliver the environmental protections that we so desperately need. We need legally binding targets to guarantee that Britain’s high environmental standards cannot be threatened.

It is also essential to keep in step with the EU on environmental standards post Brexit and we need to use the status quo as the starting point. We must not pick and choose which standards to apply—we need all of them. We cannot have divergence on standards or weaker arrangements than those that we currently uphold. We must ensure that the rights enshrined in law are not just principles. The work of the European Union and its institutions has enhanced Britain’s environment for decades and experts are saying that the Government’s proposals are, unfortunately, riddled with loopholes and undermined by vague aspirations that simply do not go far enough in tackling the challenges we face. Environmental organisations do not believe that the withdrawal agreement or the draft environment Bill, as they currently stand, will even scratch the surface when it comes to leaving the environment in a better state. The end result has been watered down and fails to match the powers held by the EU and the European Court of Justice. How does the Secretary of State intend to rectify that?

We also need future environmental policies that go together with a comprehensive future food policy, protecting and enhancing our environment while improving farm productivity and ensuring that we have a stable supply of high-quality British food. Brexit risks setting the UK back, despite all the progress made on environmental protections through our membership of the EU, and the environment Bill presents an opportunity to mitigate those risks. However, that will happen only if the Government go back to the drawing board to ensure that the Bill is stronger and more ambitious and that it fulfils the aspirations previously set out by the Secretary of State and the Prime Minister.

The state of Britain’s environment is at a historic crossroads and Brexit cannot be used as an excuse to veer off towards a future of lowered standards that would put our environment at risk. We need to build on the progress we have made so far, which means the Government must set out a robust action plan detailing exactly how they will leave the environment in a better state than they found it. What has been laid before us so far does not do that, and it is therefore not acceptable to the Opposition. It is time for the Secretary of State to fulfil his warm words before Britain’s environment pays the price for his Government’s failure.