(1 year, 7 months ago)
Lords ChamberSince this is a Defra lead, I will commit to write to my noble friend and share the answer with the rest of the Committee.
Amendment 504D, tabled by the noble Baroness, Lady Hayman of Ullock, addresses the need for transparency when decisions are being made against the advice of the Environment Agency, which provides important expert advice on matters relating to flood risk. I reassure noble Lords that its advice is taken very seriously. In July 2021, Defra published the findings of a review of planning applications in which the Environment Agency commented on flood risk. It showed that, from 2019 to 2020, 95.4% of these planning decisions were made in accordance with the Environment Agency advice.
Where there is a difference of view, existing powers in the Town and Country Planning Act enable the Secretary of State to issue directions to local planning authorities restricting the grant of planning permission or to consult with such authorities as may be prescribed before a decision is made. Our consultation direction requires that local planning authorities consult the Secretary of State where they intend to grant planning permission for major development in a flood risk area to which the Environment Agency has made an objection that it has not been able to withdraw, even after discussions with the local planning authority.
Local planning authorities are also required to publish all their planning applications and decisions on their planning register. This includes representations where a government department or an agency such as the Environment Agency has expressed the view that the permission should not be granted as it is unacceptable or should be granted subject to conditions to ensure that the development is acceptable.
As part of our digital agenda, we want to ensure that these decisions become more accessible so that it is easier for all to identify where development is coming forward against advice, whether that be the Environment Agency, the Health and Safety Executive or a local highway authority. We believe that this is best addressed through open access to data rather than further statutory obligations to produce reports.
Lastly, the noble Baroness, Lady Bakewell of Hardington Mandeville, asked about planning fees. We are not changing fees through this Bill, but we are consulting on proposals to increase planning fees to ensure that local planning authorities are properly resourced to improve speed and the quality of their decisions.
I hope that, with these reassurances that I have been able to give today, my noble friend Lord Lansley will feel able to withdraw his amendment.
My Lords, I know this is the standard format—we put forward improvements and the Government bat them away, saying “It is all under control. Do not worry about it. We are dealing with this”. But it is clear that there are huge problems within the planning system that some of our amendments would fix, and I do not understand how the Government can be so complacent about rejecting these. I know that this is the convention, but surely somebody somewhere in the Government is looking at these and thinking they are not such bad ideas.
Of course the Government are doing that, but we have to consider everything in the round, and we are doing a huge amount through the Environment Act and other legislation in order to allay some of the concerns that have been voiced today in the Committee.
My Lords, before I come back to my Amendments 270A and 270B, and Amendment 270 in the name of the noble Baroness, Lady Hayman of Ullock, I need to correct one small thing that the noble Baroness, Lady Jones of Moulsecoomb, said. The noble Baroness said that she was the only person talking about manmade climate change and that made me giggle—I was talking in this House about manmade climate change before she even joined the Green Party, when I was a Minister for the Countryside.
(2 years, 9 months ago)
Grand CommitteeNoble Lords may have noticed that I am not my noble friend Lady Bennett of Manor Castle, but I am here to move Amendment 132A and speak to Amendment 132B, both in her name. I am sure that the Minister is listening, because it is quite important that he agrees with me on this.
I am so sorry—I thank the noble Baroness.
These amendments create an obligation for local authorities to locate contaminated land in their areas and for the Government to review the management of contaminated land. This is the first parliamentary outing of what has been called Zane’s law. It is named for Zane Gbangbola, for whom the Truth About Zane campaign was also founded, which is still working. There is wide support for the campaign—from Sir Keir Starmer and Andy Burnham to the FBU, the CWU and the Conservative-controlled Spelthorne Borough Council—to get on the record the truth about the seven year-old’s death in Chertsey in 2014, when floods swept hideously toxic hydrogen cyanide into the family home from a nearby historical landfill site. That is not what the inquest verdict concluded in 2016, but the campaign continues to fight that inequality of arms and the illogic of that verdict.
Last year, Zane’s parents, Kye and Nicole, and their supporters took up an even broader issue: the question of why it was that they and the rest of the community had no knowledge of the danger of the historic landfill site near their home. I am old enough to remember Aberfan in 1966; it was a well-known site, but it was unstable. As most noble Lords probably know, 116 children and 28 adults were killed when the landslip came on to a school. What happened to Zane—and his father Kye, who was left paralysed by the hydrogen cyanide—could awfully easily happen to another family or a whole community.
The issue goes back to 1974, when the Control of Pollution Act first took control over waste disposal. However, before that came into effect, many dumps were quietly closed and, since then, have been pretty well forgotten, as campaigner Paul Mobbs explains in a disturbing video, which I do not have here with me. EU regulations on waste and pollution required the tightening of those controls under the Environmental Protection Act 1990. Section 143 brought in an obligation on local authorities to investigate their areas and draw up
“public registers of land which may be contaminated”.
Section 61 gave local waste authorities powers to inspect closed landfills and clean them up if necessary. However, lots of new housing developments, in particular, are on old landfill sites. Under pressure, the Government held three consultations on contaminated landfill registers from 1991 to 1993, eventually deciding that the aforementioned Section 143 would not be enacted and all plans for public registers of contaminated sites would be dropped. The explanation given was cost and the desire not to place new regulatory burdens on the private sector.
Limited powers were brought in in 1995, although they did not come into force until 2000, which meant that when developers found contamination problems, public authorities often had to pay. But it got worse. In 2012, as part of the Cameron Government’s “bonfire of red tape”, to reduce the statutory burdens, the right of enforcement authorities to use the law was further reduced—the emphasis being on “voluntary” clean-up, with no real power to check it had been done. This is clearly a problem for existing buildings, but also for buildings being constructed right now. It is evident that there is a great risk at potential locations of new homes right around the country, from Carlisle to Cambridge, and Dudley to Newbury.
There is also the issue of the climate emergency and the new extremes of weather, particularly floods, but also heatwaves, that cause events such as that which tragically claimed young Zane’s life. To identify the size and scale of the problem, in every local authority in the land, there has to be a starting point to fixing it and preventing future risk to life. I beg to move.
I thank the noble Baroness, Lady Bennett, for tabling her amendments, so ably introduced by the noble Baroness, Lady Jones of Moulsecoomb. I welcome her raising the important issue of contaminated land in this Committee. As always, the noble Baroness, Lady Jones, made some very powerful points—as did the noble Baronesses, Lady Hayman and Lady Pinnock—on the need for speeding up the process of decontamination. I believe the ambition to bring a version of Zane’s law on to the statute book is well intentioned but I consider that the policy intent behind these proposals is already met by existing legislation and statutory guidance.
The noble Baroness, Lady Jones, is right that Section 143 was repealed, but it was replaced by Part IIA of the Environmental Protection Act 1990, which provides a framework for identifying contaminated land in England and allocating responsibility for its remediation. It provides a legal definition of contaminated land and lays out the responsibilities of local authorities and the Environment Agency for dealing with it. These responsibilities include a requirement for local authorities to inspect their area to identify actively land that may be contaminated, to investigate and remedy contaminated land and to maintain a public register of information relating to contaminated land. This includes contamination from non-operational historic landfill sites and is regulated by local authorities. Further, Part C of the building regulations requires reasonable precautions to be taken by developers to avoid any risk to health and safety caused by contaminants in the ground where they are carrying out building work.
Lastly, assessment of contaminated land risk currently focuses on the impact of contaminated land on human health and the environment. Shifting focus on to buildings and building safety may dilute the aims of the existing framework. Given that this existing framework is already embedded into legislation and guidance, the proposed amendments regarding contaminated land would create unnecessary duplication and could cause confusion for local authorities. Therefore, while I appreciate the concerns of the noble Baroness, I ask her to withdraw her amendment.
I thank the noble Baroness for her response, and I will of course check the Environmental Protection Act, exactly what it does and what protection it gives. I also thank the noble Baronesses, Lady Hayman of Ullock and Lady Pinnock, for their support.
I care very much about this, even though this amendment is in the name of the noble Baroness, Lady Bennett of Manor Castle, because it seems that the poor always suffer. This is one of those things where, if you live on an old industrial site or whatever, you are likely to have a much lower form of housing and much less protection in any case. If we are talking about levelling up, this would be a very good thing to do.
By the way, I want all your Lordships in this debate to know that this is a much friendlier debate than the one next door. It was a real relief to come in here out of there; there will of course be another vote soon.
I understand that this is not the moment to push this amendment, but it will probably come back on Report. In the meantime, I beg leave to withdraw it.
(2 years, 9 months ago)
Grand CommitteeMy Lords, I shall speak to Amendments 62 and 63. Amendment 62 seems pretty basic post-legislative scrutiny, so I am not quite sure why it is not in the Bill already. The Government are bringing in this legislation and it makes sense for the Competition and Markets Authority to report on whether the legislation works in practice. That is fairly fundamental, is it not? If it does not, then, obviously, we can improve the legislation; if it does, then the Government can pat themselves on the back. The amendment should have been in the Bill. I am expecting the Minister to say, “Yes, of course, we’ll write it in now.”
On Amendment 63—I wish I had added my name to it; I agree with everything that we have heard so far from noble Lords—I have said before that we should have a provision such as this in every single piece of legislation. As the noble Lord, Lord Whitty, just said, it is basic to what the Government claim to care about. The principle should underpin everything that they do. We know that the scale and size of the net-zero problem is huge, and the Government will need a lot of help. They will need a lot of private and public investment, and it will involve a lot of changes to government taxation and spending.
Any aspect of government that thinks that the climate emergency is not part of its remit is not thinking hard enough about it. We need both the whole of government and the whole of society to address the work on the climate and ecological emergencies. Every Bill that comes through here, every tax levied and every pound of government spending should move us towards net zero. There is an environmental saying: doing nothing risks everything. The Minister will say that the Government are doing a lot. I would argue that they are doing bits and pieces, so the saying could be: doing bits and pieces risks everything as well. We need a coherent approach.
I was asked whether I would still like a meeting with the Minister. Yes, I would, and I would like to throw down a little challenge. If the Minister or his team can come up with any issue that is not relevant to our climate emergency, I will be happy to argue how it is relevant. I look forward to that meeting, and I might bring some heavyweights with me.
My Lords, each year, the CMA is required by the Enterprise and Regulatory Reform Act 2013 to prepare a report on its activities and performance that year. The report must be sent to the Secretary of State and laid before Parliament.
Clause 66 requires that the CMA include details within its annual report of any subsidies and schemes which have been referred to the subsidy advice unit in that year. This includes referrals made on both a mandatory or voluntary basis, including those made by the Secretary of State, and it is designed to mirror the level of detail required for information on the CMA’s other functions. This information will help to provide transparency as to the number and types of subsidies and schemes referred to the subsidy advice unit. Among other things, it will help both the CMA and Parliament to understand whether the subsidy advice unit is operating as expected and has the appropriate resources to fulfil its functions.
Amendment 62 would add the requirement for the CMA to set out an assessment on the extent to which the regime is meeting its stated policy objectives. On this matter, it is important to draw a clear distinction between the purpose of the CMA’s reporting under this clause, as opposed to the more in-depth review and reporting that it will do under Clause 65. The effect of this amendment will be to combine the purpose of these two distinct categories of report, and in doing so place an unnecessary burden on the CMA in producing its annual report.
In response to the question of the noble Baroness, Lady Blake, on what effect the CMA reports will have, the monitoring reports will already be published for all to see. The Bill contains numerous provisions for amending specific aspects of the regime though secondary legislation. This ensures proper parliamentary scrutiny of any proposed changes to the regime. The purpose of the subsidy advice unit’s regime-level monitoring function is to provide an objective source of information about the functioning of the new system. This feeds into the Government’s objective of monitoring and continuous improvement for the regime, while also providing confidence in the regime to stakeholders and the public across the UK. Requiring more frequent monitoring reports from the CMA, with improved scrutiny and transparency, might indeed seem attractive but in reality, it could cause the opposite effect to that intended by the noble Baroness, resulting in more superficial reports that will be less useful in assessing the overall effectiveness of the subsidy regime.
The information required by Clause 66 is designed to sit within the CMA’s existing reporting requirements. The annual report is a descriptive and limited tool for the CMA to publish key information about its workload and resources and to ensure that it is moving towards achieving its own organisational objectives across all its functions. This report must include summaries of its significant decisions, investigations or other activities carried out during the previous year.
As currently drafted, the requirements under this clause similarly require summary descriptive information in relation to the subsidy advice unit’s functions, which will give an indication of how those functions are being used and whether it has the appropriate resource to fulfil the demand for those functions. This should be placed in contrast to the five-yearly reports specific to the subsidy advice unit under Clause 65, which will provide the CMA with the opportunity to publish a substantive analysis of the operation of the regime and the subsidy advice unit’s role within that regime. Of course, the CMA may include further data or case studies on subsidy control in its annual report if appropriate. Clause 66 is only a minimum list of the information that it will be required to include.
Under the Enterprise and Regulatory Reform Act, the CMA must also include a survey of developments in relation to all its functions, which may include developments within the subsidy control regime that the CMA deems of significant enough importance to publish, and thereby inform Parliament. The Government’s position is that the five-yearly reporting under Clause 65 is the appropriate place for the CMA to provide an assessment of the regime’s performance. The five-yearly report provides for an appropriate timescale for producing such assessments and the CMA is empowered under Clause 67 to gather information for this purpose. This will provide the CMA with the time and resources necessary for the subsidy advice unit to provide for a considered review of the subsidy control regime.
Amendment 62 also requires that the SAU produce its assessment only
“on the basis of the reports it has prepared”.
It is our view that any assessment of the regime’s performance will need to take a much wider view of the regime than only that part of it to which the SAU has reported that year. That is why the five-yearly reporting requirement in Clause 65 has been drafted to give the CMA the scope and power it needs to consider the matter thoroughly. Supplementing those powers with additional requirements in the annual report may only lead to the production of an assessment that is relatively narrow and partial, and that does not have the benefits of a more extensive review over a longer period.
I support the view that there may be circumstances in which we need more analytical and evaluative information more frequently than every five years. I would like to reassure the Committee that the Secretary of State has the power under Clause 65 to direct the SAU to produce a report for a specified period. It is also worth noting that, under the Enterprise and Regulatory Reform Act, the Secretary of State already has the power to request a report or advice from the CMA on any matter relating to its functions.
Regarding parliamentary scrutiny, there should be no reason for any committee of this House or the other place to wait for the CMA’s reporting under either Clause 65 or Clause 66 in order to take a close look at the subsidy advice unit’s functions. It is always open to noble Lords and honourable Members of the other place to examine this regime and the SAU through the usual process of parliamentary committee.
Amendment 63 would expand the scope of the CMA’s annual report to include an assessment of the effect that the regime is having on the UK’s ability to achieve its net-zero carbon emissions goal, set out in the Climate Change Act 2008, and the targets set under the Environment Act 2021.
I understand the noble Baroness’s concerns, but I am not able to go further than I have done at the Dispatch Box. On the point that the noble Lord, Lord Whitty, made about the steel industry, followed up by the noble Lord, Lord Wigley, we are directing subsidies towards greening industries like that, so we can invest in electric arc technology, and hydrogen as well. It is part of an overall drive by this Government to be consistent with the environment principles that we have laid out.
But can the Minister see our point that the climate emergency has to be part of every part of government thinking and at the moment it is not? It just gets dropped out of piece after piece of legislation as if it was not really part of government thinking. It is all right talking about zero carbon, about how we are on our way and all that sort of thing, but if it is not in every single piece of legislation, it will not happen.
We are just going to have to agree to disagree on this point. I believe that it is part of the overarching principles of this Government that the environment is one of our most important points. I do not believe that it needs to go on to the face of every Bill. I know that it is in the pensions legislation, but I cannot go further than I have already gone at the Dispatch Box in the context of this Bill.
(3 years, 2 months ago)
Lords ChamberMy Lords, this is an interesting issue. The question, of course, is: where does the blame lie? Sewage spills happen and they are intensely damaging for humans and for ecosystems, yet we have heard some explanations that almost seem conflicting. We can argue that it is we who cause the problem because of the way that we dispose of our own waste, or that it is the fault of the water companies, which are clearly incompetent at times—I shall be supporting the noble Duke’s amendment. As I argued in the debate on the office for environmental protection, we have to penalise them for these spillages. In many cases it might be the developers’ fault for building on land they should not have built on, or it might the local authority’s fault for allowing developers to build on, for example, flood plains where they should not be building. At the moment, however, it is the water companies, and we really have to take this seriously.
I am supporting all the amendments as they all seem perfectly acceptable. The Green Party’s view is that all new developments should have a proper, sustainable drainage system so that the sorts of spillages that we are hearing about simply do not happen. However, this has clearly not been achieved and it is a big problem. I have signed the amendment in the name of the noble Lord, Lord Chidgey, on chalk streams. I was going to eulogise about them, but I think I was given the same briefing, as other people have covered more or less the same territory.
I thank Feargal Sharkey, who was the lead singer in a punk band, the Undertones—I am afraid I have never heard of it. He is apparently a lifelong fly-fisherman, but is now dedicating his life to chalk streams and he sent an excellent briefing. Chalk streams are very precious and special, and we do not treat them very well. If not one of our chalk streams currently achieves a good overall environmental health status, that is quite shocking; we really need to do something about it.
I was incredibly impressed by the PR machine of the noble Duke, the Duke of Wellington. I have had dozens of emails supporting his amendment. I admire that; perhaps he could share with me exactly how he got it to work.
This is, again, clearly an issue that the Government should have put in the original Environment Bill. This is an old Bill in the sense that it was originally written in 2019. It was pathetic then and it is pathetic still. Can the Government please do a little rethinking and include this issue in the Bill?
The arguments have been very well and fulsomely made, building a consensus. Will noble Lords who still wish to speak make their speeches as short as possible and introduce some new arguments?
There are a number of exemptions from this, one of which is providing support and promoting exports that improve the efficiency, health and safety, and environmental standards of existing assets. We will also support projects that assist with the decommissioning of existing fossil fuel assets and support gas power where it is part of a credible emissions-reduction plan, in line with the Paris Agreement. This goes back to the question from the noble Lord, Lord Grantchester, on how we will evaluate these projects. The investment must not delay or diminish the transition of that country to renewables and there must be no risk of it becoming a stranded asset due to climate change factors.
Is it not slightly hypocritical of our Government to pontificate on this issue when they are funding, through the British taxpayer, a fossil fuel plant project in Mozambique?
The Mozambique project is one of huge controversy. It was supported by UK Export Finance in July 2020 under previous policies and would not be approved today. It has now contractually committed to that support. UKEF will continue to monitor that situation closely. All support provided by UKEF has been in line with the scope of the new policy since March, which ends new direct financial or promotional support for the fossil fuel energy sector, other than in the limited circumstances I have outlined. It aligns support with clean energy.
(4 years, 4 months ago)
Lords ChamberMy Lords, I thank the noble Baroness, Lady Jones of Moulsecoomb, for Amendments 211, 213, 214 and 216. Perhaps I could tell her at the outset that we have the red meat levy; it was established in 1967 under the Agriculture Act.
The term “red meat”, or “cig coch”, is written into Welsh legislation to describe the cattle, sheep and pig industries and has been used regarding the levy for those sectors for many years. Changing the name of the red meat levy in the Bill would necessitate amendments to related legislation across the UK and risk confusion and complications with the existing provisions. A further levy extending to all meats and carcasses of animals slaughtered in the UK would probably require a new levy body to be established, or the scope of the existing levy bodies to be broadened, to cover the additional species, such as goats and deer, that do not fall within the remit of the existing levy bodies. Consultation to determine the need for, and the benefit of, such a levy would also be required. This is set out in the Natural Environment and Rural Communities Act 2006. More importantly, agriculture is a devolved matter, as are these industry levies. It would therefore be for the devolved Administrations to choose to take forward their own regulations in this area, should they wish to do so.
Turning to Amendment 215, plant-based food production already benefits significantly from the UK levy system. The Agriculture and Horticulture Development Board collects levies that are used to fund activities in this area, valued at approximately £27 million. Legislation providing for our levy bodies clearly sets out the collection of these levies and that they are to be spent to benefit the industry from which they are collected.
My noble friend Lady McIntosh of Pickering also asked some questions about how they are collected, and I should say that the red meat levy collected in one country can be spent only to benefit the contributing industry in that country. For example, any pig levy that is collected in England must be spent to the benefit of the pigmeat industry in England. Currently, levy cannot be spent for the sole benefit of producers in another jurisdiction.
Clause 33 addresses an acknowledged unfairness in the GB red-meat levy system that has existed for a number of years. It is not intended to change the way these levies are collected or spent. The Government wish simply to right the wrong that has been identified in the red-meat levy system. My noble friend Lady McIntosh of Pickering also asked when we would have the government response to the AHDB consultation. The government response to the request for views on this was published in April 2020.
Turning to Amendment 212, tabled by the noble Lord, Lord Hain, Clause 33 was introduced to provide for a scheme that allows for the redistribution of red-meat levy between the levy bodies of Great Britain. It will provide a fair approach to resolving an inequity that has been acknowledged by the Governments of these Administrations for several years. The provision in this amendment is based purely on the origin of the animal, rather than where it has gained economic value. It will allow for the repatriation of levy to the devolved Administrations themselves, whereas the scheme established using the provisions in Clause 33 would allow for the redistribution of levy between levy bodies in the three Administrations. By widening the provision of the scheme from that of Great Britain to that of the United Kingdom, the amendment extends the repatriation of red-meat levy to Northern Ireland. However, the scheme is to be made jointly by Ministers of England, Scotland and Wales, and is not needed by Northern Ireland.
In addition, the repatriation of levy is restricted by this amendment to the devolved Administrations. This could create a disparity between the devolved Administrations and England, as the devolved Administrations will be allowed to repatriate levy dependent upon origin, but England will not.
The noble Lords, Lord Blunkett and Lord Wigley, also brought up the question of small abattoirs, and the noble Lord, Lord Wigley, made the point that slaughtering animals close to the point of production is an important consideration in animal welfare. I am delighted to say, since they may not have heard my earlier response to this issue, that they are included in Clause 1(5) of the Bill, which provides for small abattoirs, under “preparing” and “processing”.
With this reassurance, I ask that the noble Baroness, Lady Jones of Moulsecoomb, withdraw her amendment.
My Lords, I thank all noble Lords who have taken part in this debate, which I have very much enjoyed. I spent almost the whole time smiling. I note the comments from the noble Lords, Lord Hain and Lord Wigley, about Wales, and their other comments. As I have said, there is a lot of value in that. I will say to the noble Lord, Lord Blunkett, that I am proselytising not for vegetarianism but for the future of the planet and the health of the people who still survive. I am happy to debate that with him.
The noble Viscount, Lord Trenchard, seems to have misunderstood my amendment, because I am not doing anything about his citizen’s freedom to eat meat—first, because we do not have citizens in this country but subjects, and secondly, I am a meat eater myself and, were I standing for election anywhere, that would probably lose me a lot of green votes. I was a vegetarian for 20 years and I have stopped. I now eat a minimal amount of healthy organic meat.
The noble Lord, Lord Cormack, made some kind comments. No one has ever accused me of surreptitious means—in fact, quite the opposite usually—so I feel very flattered. I also note that the noble Baroness, Lady Jones of Whitchurch, made comments about an impact assessment, which would obviously be a very valuable addition. I note that the Minister has pointed out all the difficulties that this would cause with legislation, but it would surely be just a tidying-up exercise, just like her Brexit Bill, and should not take long at all.
With all those comments in mind, I beg leave to withdraw my amendment.