European Union (Withdrawal Agreement) Bill

Baroness Jones of Whitchurch Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Monday 13th January 2020 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am sorry that I have to follow the noble Lord, because I feel he has lowered the tone of the debate in a Chamber that, up until now, has been doing a proper scrutiny role. That is what we are here for; it is what we are renowned for and we are confident that we can do it well. As I say, I am sorry that he has lowered the tone.

As other noble Lords have done, I will speak primarily to raise our concerns about the exclusion of the environmental clauses which we spent many happy hours crafting and agreeing in the 2018 withdrawal agreement. I very much regret that I have to raise these concerns again, as they received considerable cross-party support around the House at the time as well as the eventual approval of Ministers. Why are they no longer in this legislation and why have the Government now backtracked on that deal?

Of course, I accept that the Conservative manifesto contains promises to legislate to ensure high standards of environmental protection. Indeed, this was repeated in the Commons debate on this Bill when the Minister, James Duddridge, stated:

“We will maintain and uphold high standards for workers, consumers and the environment.”


However, he went on to say:

“We do not have to follow EU rules to achieve that; we can do it on our own.”—[Official Report, Commons, 8/1/20; col. 529.]


Our history shows that we have not been very good at doing it on our own. This is why, over the years, we have had to rely on EU directives to clean up our water, our waste, our air and our soil, and it is why we have had to rely on the 527 EU regulations to set strong standards for the environment. This is why something like 80% of UK environmental legislation is derived from the EU. Doing it on our own remains a big challenge.

Of course, while there is a cautious welcome for the Government’s commitments on the environment, there remains considerable concern among environmental and animal charities about what the future holds. This has been fuelled by the Government’s decision to remove the environmental clauses from this Bill. This is why we are tabling an amendment which will insert the principle of non-regression of environmental standards into the Bill. This will be a legally binding commitment to non-regression to protect current and future generations against weakening environmental standards. It will ensure that the Government do not take their eye off the ball and let standards fall behind through neglect or default.

As we have heard, when this was debated last week in the Commons, the Minister said that

“the underlying point is that there will be no regression.”—[Official Report, Commons, 8/1/20; col. 529.]

However, if this is the case, why are the Government so reluctant to have this clause in the Bill? If it is their intention to legislate separately on environmental standards in the Environment Bill, can the Minister confirm that a specific non-regression clause will be included in that Bill? What mechanism does the Minister envisage for regularly updating that environmental legislation in future years to ensure that it remains relevant and becomes the world leader to which the Government aspire?

There are also other consequences to diverging from established EU environmental rules. The European Commission president, Ursula von der Leyen, warned last week that any new trade deal giving tariff and quota-free access to the single market would come with strings attached. She specified that Britain would have to agree a level playing field on workers’ rights and the environment. If we are serious about a comprehensive new trade deal with the EU, we may well find that we need to match their environmental standards. Clearly, UK businesses will not welcome two sets of rules, one for the UK market and another for the EU export market.

In his response, can the Minister confirm that we accept the need to follow EU environmental standards and that any other provision in the Environment Bill will be at least as good as those provided for by the EU? Can he confirm that the Government do indeed intend to take forward their commitment on non-regression of environmental standards in that Bill? I look forward to his response.

European Union (Withdrawal Agreement) Bill

Baroness Jones of Whitchurch Excerpts

Committee: 2nd sitting (Hansard continued) & Committee stage & Committee: 2nd sitting (Hansard continued): House of Lords
Wednesday 15th January 2020 Lords Chamber

Moved by

[Baroness Jones of Whitchurch]

31: After Clause 37, insert the following new Clause—
“Non-regression in relation to environmental and animal welfare matters
After section 16 (maintenance of environmental principles etc.) of the European Union (Withdrawal) Act 2018 insert—“16A Non-regression in relation to protected matters(1) Any action taken by or on behalf of a Minister of the Crown under—(a) this Act, or(b) any other enactment, for the purposes of or in connection with the withdrawal of the United Kingdom from the EU,is unlawful if it is intended to have, or in practice is reasonably likely to have, a regressive effect in relation to the protected matters.(2) A public authority exercising a function in respect of a protected matter must not exercise that function in a way that is intended to have, or is reasonably likely to have, a regressive effect.(3) Regulations may not be made under this Act if they are intended to have, or are reasonably likely to have, a regressive effect.(4) The protected matters are—(a) the environment,(b) food safety standards,(c) registration, evaluation, authorisation and restriction of chemicals, and(d) animal welfare.(5) For the purposes of this section an effect shall be considered regressive if it—(a) reduces a level of protection provided for in retained EU law, or(b) weakens governance processes associated with that protection.””Member’s explanatory statement
This amendment prevents Ministers from using powers relating to EU withdrawal to diminish protections in retained EU law relating to the environment and animal welfare.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the noble Lords who have added their names in support of this amendment on a cross-party basis. It would ensure that, post Brexit, the actions of Ministers and public bodies must not have a regressive impact on the environment, food safety, REACH and animal welfare. The amendment is necessary as the Government have seen fit to remove the provisions previously agreed in the 2018 withdrawal agreement, which provided for a legally binding commitment to non-regression in most areas of environmental law. The Government have said they remain committed to the principle of non-regression, so it is not at all clear why these provisions have been actively removed.

It goes without saying that there has never been a more important time for strong environmental legislation. The world is facing a climate change emergency, with global warming impacting food production, rising sea levels destroying habitats and catastrophic floods and fires threatening human life and livelihoods. The Government have signed up to the UN climate change conference political declaration, but those promises need to be backed up by binding and robust action. The Government have said that they want an ambitious environmental programme—indeed, the Conservative manifesto promised to legislate for high standards of environmental protection—so it seems strange that their first act is to water down a Bill that would have helped to achieve those high standards. Our amendment would put the non-regression principle back into the Bill where it belongs, and where other environmental principles remain via the withdrawal agreement.

The great advantage of a non-regression clause is that it would give reassurance for the longer term. It would protect current and future generations against the weakening of environmental standards once the issue drops out of the headlines and out of the list of government priorities. It would also help the Government to hold public bodies to account in achieving their environmental standards.

It is still not clear why the Government have taken the clause out of the Bill. If, as the Minister claimed in the Commons, the Government are committed to non-regression, why not leave it in? If the Government plan to put it in the environment Bill instead, what is the harm in having it in both pieces of legislation? If, as the Minister claimed in the Commons, the plan is to diverge from EU environmental principles and go it alone, who will judge whether the outcome will be as good as the environmental benefits that we have enjoyed in the past or that we should have enjoyed in the future?

As I said at Second Reading, over the years our environment has hugely benefited from EU directives and regulations, with over 80% of our environmental legislation derived from the EU. It is the main reason our habitats and birds have been protected and our water, air and soil quality have improved. The Government are expecting us to take a leap in the dark with their commitments to becoming a world leader in environmental protection outside the EU regime. If they are so committed, it is still not clear why they cannot accept a non-regression clause. Surely that is the minimum promise that they ought to be able to make if they are so ambitious for the future.

I hope the Minister will feel able to support our amendment. If not, I hope he can spell out in some detail what kind of non-regression guarantees are being proposed for the environment Bill. These questions were posed by a number of noble Lords at Second Reading, so far without a response. I hope that on this occasion the Minister can rectify that and give us some guarantees. I beg to move.

[Lord Randall of Uxbridge (Con)]

My Lords, I was very happy to add my name to this amendment because the whole question of environmental standards and what will happen after we leave the EU is something that concerns many on all sides of the House, as well as the general public. The environment, as the noble Baroness opposite said, is very high on people’s agenda.

I put my name to the amendment because, like the noble Baroness, I wondered why this issue was not going to be part of the Bill. However, I have to say that I have spent some time in detailed discussions with the Secretary of State and Ministers down the other end as well as with Ministers in this Chamber. I do not think I could ever be described as naïve, although I have been led astray sometimes by government Ministers on all sides, but I do not doubt for one minute this Government’s thorough commitment not only to maintaining the environmental standards of the EU but to going beyond that. This is a very useful exercise to reinforce to my noble friends on the Front Bench that no excuse will be taken if those standards are not maintained when the environment Bill comes forward, and I will be looking for improvement.

With that in mind, I have always regarded this more as a probing amendment—I have learned today that in Committee that tends to be what happens—but I do not at all regret adding my name to it because this is a matter of great importance.

--- Later in debate ---

The noble Baroness asked for some detail, and I think she may be on the edge of her seat.

[Baroness Jones of Whitchurch]

I am grateful for everything the Minister has said. I did ask—I do not know whether he specifically addressed this point—whether there will be a general non-regression clause in the environment Bill. He has talked about there being legally binding targets for improvements in some areas. I understand all of that—the Government will have improvements on air or water quality or whatever it might be—but the great advantage of a generalised principle of non-regression is that it applies to everything: not just the Government’s priorities today but the things that are not sexy today and that might be on the back burner. It encompasses everything, and I am not sure whether the Minister has given me that reassurance. Maybe it was buried away in his script, but it would be helpful if he could say it again.

[Lord Gardiner of Kimble]

The environment Bill has not been published yet, but it will not be long. I am not in a position to start talking about the detail of some of the clauses tonight, but that is why I spent some time on this. I say directly that I cannot start suggesting what the clauses of the Bill will be about, because I am not in a position to do so.

As I have tried to set out in this explanation, I obviously understand the points that have been made, but I am not sure I agree with all that the noble Baroness, Lady Bennett, may have said about some of these matters. Yes, of course we should endorse the work of the past, but I sometimes sense a determination that either this Government or the party I represent would find it impossible to be positive and strengthening about the subjects we are discussing. I would regret that, because the whole focus of what I have tried to explain in detail—it is why I was asked to deal with this amendment—is precisely to show that this department and the Government are absolutely committed to maintaining and enhancing our already high standards, including through the legislation which will come forward very shortly.

As regards any Section 8 regulations made under the withdrawal Act, noble Lords already have the ability to scrutinise any changes which those regulations might make to retained EU law. This Bill is a vehicle to implement the withdrawal agreement, not, in our view, to legislate for environmental policy.

I am grateful to the noble Baroness and to all noble Lords for this important debate. I have gone on rather longer than I think I was requested to because I felt it important to set out some detail on the measures that the Government will bring forward, and to highlight what is a clear direction of travel. Our intention is to move forward. I therefore hope that the noble Baroness and other noble Lords will accept my firm commitment on behalf of the Government and the department, and that she will feel able to withdraw her amendment.

[Baroness Jones of Whitchurch]

My Lords, I thank all noble Lords who have spoken in support of our amendment. I should say at the outset that the Minister will know, as we have said before, that he is held in high regard by this Chamber. We obviously do not doubt his intentions and commitment on many of the things he talked about. A lot of our concerns arise not from the intentions of Defra, or even perhaps the intentions in a future environment Bill, but through the pressures which will come from elsewhere. We can only anticipate or guess those pressures at this stage—from future trade Bills and future deals that might be wanted done.

Our anxiety is not about the Minister’s good intentions; we can see what is in the Conservative manifesto and the good words that have been written about all this. Many of us have worked on a number of the animal welfare issues that the Minister talked about, so, again, we do not doubt his good intentions or his record on all that. But we are going into an uncertain future, and deals will have to be made outside our immediate remit. I suppose that is where our concern comes from.

I am particularly grateful to the noble Lord, Lord Randall, for sticking his neck out on this issue, even if he back-tracked slightly. I had intended this to be slightly more than a probing amendment, and we have had a good debate as a result of it. We want to believe in the Government’s commitments in the way that he described.

Our particular concern about non-regression, which I know that the Minister felt he could not really respond to in the detail that we would have liked, was that it would give us that underlying safety net when everything else is moving around quickly, as it will be in the next year. I am still sorry that we were not able to go as far as we would have liked on that issue. The noble Baroness, Lady Bennett, was absolutely right: these progresses in policy that we have made over the years are hard fought for and hard won, and we all hold them very dear.

I have gone as far as I can at this point in the evening in probing the Minister. We are looking forward to the environment Bill. If it is anything like the draft we have already seen, it will be a long tome and we will spend many happy hours debating it all. I hope that we will see in writing the legal commitments that the Minister implied we will get at that point, so I look forward to the publication of and debate on that Bill. In the meantime, I beg leave to withdraw the amendment.

Amendment 31 withdrawn.