Brexit: Fisheries Management

Baroness Jones of Whitchurch Excerpts

Tuesday 20th March 2018 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for that Answer, but he will know that the Secretary of State made great play of how he would fast-track our rights to fish in our own coastal waters on EU exit day and outside of EU constraints. The fact is that he has now been overruled by others in the Cabinet, which has accepted this deal. That is why we have real concerns that, despite the Secretary of State’s promises, he will be overruled again and again—for example, when the Cabinet is confronted with the choice of new trade deals, or retaining future animal and food quality standards.

The Secretary of State has made a number of promises that are now open to question. Can the Minister clarify who exactly in the exit talks is leading the negotiations on fishing? Can we be assured that those negotiators will now be more honest with fishing communities about their negotiating position in the future? What guarantees can the Minister give that at the end of the transition period, our fishing rights will not be traded away for some other economic priority? What steps will the Government take to provide immediate support for those coastal communities who are bitterly disappointed by this decision and who, as we know, are already suffering acutely from economic hardship?

[Lord Gardiner of Kimble]

My Lords, along with my colleagues in the department we share the disappointment that the noble Baroness has suggested, but of course the UK share of quotas will not change during the implementation period and we will be attending the international negotiations. This is an extension, and the implementation period is due to conclude in December 2020, so that during that time we will be in a position to advance the things we think are absolutely right and to ensure that we fish in a sustainable manner. This country has been in the lead on that and we want to ensure, through our negotiations not only with EU members but with other independent coastal states, that the fisheries in this part of the planet are sustainably fished. That is a very important prize for us because the seafaring communities of this country are vital to us and, as I say, the changes that our negotiators have been able to secure are valuable because there is certainty. However, now we shall work on the access that we will have as an independent coastal nation, which I think is a very strong prospect for the future.

Inland Waterways

Baroness Jones of Whitchurch Excerpts

Thursday 8th March 2018 Grand Committee

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am very grateful to the noble Lord, Lord German, for tabling this debate and to all noble Lords for reminding us of the joys of participating in the nearly 5,000 navigable miles of inland waterways. We in the UK are very privileged to have access to such an abundant network of canals, rivers and lakes, with all the opportunities they bring for leisure and work. As noble Lords have said, they provide enormous opportunities for recreation, whether fishing, cycling, walking or simply messing around in boats. They also continue to provide inexpensive and environmentally beneficial opportunities for moving freight around the country—something I am sure we could exploit more than we do at the moment. They even provide affordable alternative living space. At least one of my noble colleagues resides on his canal boat in London when the House is sitting—even during the bad weather, he told me, although he also told me that the increased mooring charge is finally pricing even him out of that lifestyle.

Boat ownership is now more prevalent than it was at the height of the Industrial Revolution, and we have heard a little about the joys that it brings. Canals also provide significant wider environmental benefits. There are benefits to wildlife from restored waterways, including improved biodiversity in flora, fauna and habitat, and they play their part in reducing CO₂ emissions and improving drainage and flood alleviation. As a number of noble Lords have said, the restoration projects that have taken place have provided enormous community benefits and opportunities for volunteering, as well as improved health and well-being, which goes along with that.

Therefore, it is important that we do everything we can to maintain the quality of the water and the surrounding pathways to ensure that the highest environmental standards are maintained. I pay tribute to the work of the Canal and River Trust and the Environment Agency for their hard work in protecting these valuable natural assets. However, clearly more needs to be done, as we have heard today.

We still face huge challenges from water pollution—a matter raised by the noble Lord, Lord Lee. The Environment Agency recently said that England’s water companies are still responsible for an alarming number of pollution incidents each year—at least one a week. As its chair, Emma Howard Boyd, pointed out:

“This pollution can lead to the death of wildlife, major environmental damage and, in the worst cases, puts the public at risk”.


Last year, Thames Water received a record £20.3 million fine after it admitted dumping 1.4 billion litres of raw sewage into the Thames between 2012 and 2014, leaving people and animals ill and killing thousands of fish. Although the fine was the biggest in the Environment Agency’s history, it represented just 10 days’ operating profits for the company. Therefore, we need to ensure in the future that fines are proportionate and that they truly act as a deterrent. So I ask the Minister: what further action is proposed to ensure that water companies take their environmental responsibilities seriously? Meanwhile, I was pleased to read that Michael Gove has also laid into the water companies and has threatened to give Ofwat greater control over what he described as their “opaque” finances. I also have to say that I visited the Thames tideway super-sewer project a few months ago and was pleased to see that the company was finally taking positive action to clean up the Thames.

Although we think of canal boats as being environmentally friendly, we cannot avoid the fact that they contribute to the air pollution caused by nitrogen oxides. Particularly in residential areas, they are responsible for the pollution caused by wood-burning and solid wood stoves, and boat engines used for propulsion and electrical generation. Of course, canal boats typically have diesel engines. So there is a need to accelerate the search for alternative fuels and energy storage, including the wider use of solar panels and hydrogen- and battery-powered engines.

Farmers owning adjoining farmland also need to play their part in cutting back on river and canal pollution. Although there is much greater awareness and education of landowners these days, more than half of our rivers have been found to have unacceptable levels of phosphorus caused by sewage effluent and contaminated run-off from farmland. Can the Minister update us on the steps being taken to ensure that farmers are compliant with environmental standards? How many prosecutions have there been of farmers who wilfully ignore their responsibilities?

Canals and rivers also play their part in harbouring non-native invasive plants and animals. We know, for example, of the destructive impact of non-native crayfish, but people are also guilty of disposing of plants intended for garden ponds and aquariums in our rivers and waterways without realising the harm they can cause. Can the Minister remind us what steps are being taken to educate the public about the threat these pose, and also to educate volunteers, who do so much to clean up our waterways, about what they should look out for in terms of non-native invasive plants and animals, and what action they should be taking?

We have debated the negative impact of plastic on our rivers and waterways several times recently. All too often single-use plastics are dumped or washed into rivers and flow out to sea, creating huge marine pollution as well as unsightly shorelines and beaches. As we know, nearly half of all single-use plastic bottles are currently not recycled. Instead, they are discarded or put into regular bins, and end up in landfill. Once there, as we all now know, they take hundreds of years to break down. We urgently need to cut back on their use by implementing a bottle-deposit scheme, as well as improving recycling rates. Perhaps the Minister could remind us of the outcome of the recent consultation on this issue and tell us what action the Government now propose to take on single-use plastics.

Finally, I am aware that many of these issues are addressed in the 25-year environment plan. When the plan was published, we expressed concern at the lack of urgency and the need for more measurable targets. There was intended to be follow-up on this issue. Can the Minister update us on the progress of that action?

I am conscious that my contribution has focused on some of the challenges facing our waterways, rather than celebrating them. They are a much-loved part of British life and my concern is only that that should continue to be the case.

Water Supply Disruption

Baroness Jones of Whitchurch Excerpts

Tuesday 6th March 2018 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for repeating the Statement and I pay tribute to the emergency services, who once again made us proud of their dedication and humanity when struggling in the worst of weather to provide healthcare and reach out to people cut off by the snow. I also thank many of the staff in the utilities—the engineers and the linesmen who worked in atrocious conditions to try to repair services, so that supplies of heating and water were retained. But the individual commitment of the staff cannot disguise the huge failings in the response of the water companies themselves in the recent bad weather.

I appreciate the update that the Minister has given today but as of yesterday, 5,000 homes were still without water in Kent and thousands of properties across Wales, parts of the Midlands and Scotland were waiting to have their supplies reconnected. In London, 12,000 households were still without water last night and relying on bottled water, but even supplies of bottled water were running out at some of the distribution points. This really is a very poor response. It is not as if the bad weather was a freak occurrence. The Met Office was warning of the predicted freeze weeks in advance. Yes, of course pipes are liable to freeze when the temperature drops but, equally, we should measure water companies’ success by the speed of their response and the interim help and support they provide to their customers.

I absolutely agree with Rachel Fletcher, Ofwat’s chief executive, who is quoted in the Financial Times today as saying:

“While the recent severe weather conditions have undoubtedly had an impact on pipes and infrastructure, water companies have been warned time and again that they need to be better at planning ahead to deal with these sorts of situations, including proactively communicating with customers when they anticipate issues”.


I really struggle to understand why the water companies are so poor at this. Anyone with any business involvement knows that risk assessments and the mitigating actions that follow are fundamental to the planning process, as is having in place a proper disaster recovery system. This should be ingrained in the systems of utilities because, for example, water companies are inevitably at risk of extremes of weather, whether flood, drought or snow. I hope when the Minister met Ofwat and Water UK today they were able to reassure her that supplies will have been reconnected to all affected homes by the end of the day and that, despite the review the Minister referred to, compensation will be provided to individuals and businesses affected by the loss of supply on this occasion.

There is a wider challenge here. It is not just about the aftermath of one week of bad weather. The performance of the water companies has been under criticism for some time. Six companies missed their leakage targets for 2016-17, with Thames Water’s performance data showing that 670 million litres are being lost to leakages every single day. This total works out at an average of 180 litres per day being lost for each property the company supplies. Despite these failings on leakages, water bills have increased by more than 40% since privatisation, with many consumers set to have another rise in a few weeks’ time. Meanwhile, rather than fix the problems the private water companies are paying out huge dividends to investors. For example, the owners of the top nine water companies paid out more than £18 billion in dividends in the 10 years to 2016, and their CEOs are being paid huge salaries and bonuses. Clearly, these companies have got their priorities wrong.

I therefore have to say that the Secretary of State was quite right to criticise the water companies in his speech last week, including their tendency to avoid paying tax and to hide their earnings offshore, but like many of his speeches it lacked a follow-up action plan. These problems have been known about for some time. I hope the Minister can also confirm that as part of the review, Ofwat will be given new powers to tackle excessive pay in this sector and to require a greater proportion of profits to be reinvested in service delivery and resilience. I hope he can also confirm that Ofwat will be instructed to use its existing powers more actively to ensure that water companies plan effectively for adverse weather events in future, as we all expect of them. Finally, can the Minister confirm that Ofwat will take a more active role in overseeing companies’ delivery of leakage repairs, intervening where necessary and increasing fines for missed deadlines so that real incentives are put in place to deliver the change that we should all expect? I look forward to his response.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for repeating the Statement and the noble Baroness, Lady Jones of Whitchurch, for her comments. I agree with everything she said. The freezing weather at the end of last week was not a surprise—it had been well trailed and advertised for some time. It is therefore extremely disappointing that some water companies did not appear to respond quickly to the demand on their services by identifying and correcting burst pipes and leaks. This has caused great distress and inconvenience to thousands of households. It is unacceptable that water bill payers have been left without running water while schools and businesses across the UK are being forced to close because of water shortages. While this is a period of extreme short-term pressure, the vast amount of water that leaks from companies’ pipes every day has not decreased for the past four years. Data from the water industry regulator Ofwat shows that more than 3 billion litres leaks every day. What are the Government going to do to ensure this problem is addressed in the long term?

While expressing disappointment at the response of the water companies, I pay tribute and express the thanks of these Benches to the engineers who have worked long hours, often through the night, to reconnect households to their water supplies and to mend burst pipes and leaks. Their efforts should be recognised.

There is a real gap in the market when it comes to providing capital for critical infrastructure. A housing investment bank is needed to provide long-term capital for major new developments, to guarantee proper infrastructure and services. Locally led housing delivery must be integrated into infrastructure delivery to ensure vital utilities such as water are available at all times.

A public awareness campaign is needed to help residents insulate pipes to prevent bursting in extreme weather conditions. Can the Minister give a commitment that such a campaign will receive priority before we suffer another freezing spell from Siberia?

Waste Enforcement (England and Wales) Regulations 2018

Baroness Jones of Whitchurch Excerpts

Tuesday 27th February 2018 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to the Minister for his detailed introduction of this waste enforcement SI. There are many SIs coming down the track and a great deal of detailed and complex information for your Lordships to get their heads around. It is estimated that there are currently around 600 illegal sites operating in England, Wales and Northern Ireland. The Environment Agency already has the power to shut down illegal waste sites due to the damage they cause to their surroundings.

In 2016, the Environment Agency prosecuted 110 businesses and individuals for offences related to illegal waste sites. In some cases, landowners caught by this illegal activity were unaware of it taking place. Illegal waste sites are a blight on communities and undermine legitimate landfill operators. It is to be welcomed that the Government have listened to concerns raised by businesses and local communities and are taking action to tackle this crime—a crime which not everyone in society will recognise, but doubtless it goes towards the ever-increasing crime figures, which are regularly published.

In 2015, waste crime cost the English economy more than £600 million. This included lost landfill tax revenues and clean-up costs. It creates severe problems for people who live or work nearby, with odour, dust, litter, vermin, fly infestations, pollution and fires blighting lives. These criminals undercut genuine businesses that dispose of waste responsibly. The new powers introduced for the Environment Agency to lock the gates or block access to problem waste sites to prevent thousands of tonnes of waste illegally building up are very welcome. The powers will also enable the Environment Agency to force operators to clear all the waste at a problem site, not just the illegal waste, as the Minister has just said.

I have consulted with my local waste authorities and they report that there is little or no problem in Somerset with either waste sites operating without a licence or in breach of their licence. That is good news, but it would appear that the north of England and London are the worst-hit areas. During 2016-17, more than 850 new illegal waste sites were discovered by the Environment Agency. While an average of two illegal waste sites are shut down every day, they continue to create problems for local communities and businesses, as well as posing a risk to key national infrastructure. In 2013 a fire at a waste site in Stockport resulted in the closure of the M60 and three weeks of disruption to traffic, residents and businesses.

I am grateful to the Minister for sending me the sentencing guidelines for the offences committed by these environmental criminals. I found them most interesting. The range of classifications gives due consideration to whether the offence was deliberate, reckless, negligent or of no culpability; in other words, those who deliberately and knowingly flout the law and cause the most harm to the environment can expect the penalty to be severe, whereas those who find they are the subject of a breach of the law through no fault of their own, and little harm ensues, will be penalised at a much lower level. The range of fines, from £100 to £3 million, gives plenty of scope to the Environment Agency to ensure that culprits, both unwitting and serial offenders, realise that they cannot continue to flout the law and pollute the countryside.

However, I am concerned that the extra £30 million over four years that is to be made available to the Environment Agency to tackle waste crime, in the form of illegal sites and misclassification of waste, may not be enough. That sum sounds a lot but equates to only £7.5 million a year. Given the scale of the problem in recent years, I am not convinced that this sum will be adequate. I seek assurance from the Minister that sufficient resources will be made available to the Environment Agency to enable it to carry out its new legal duties to the degree that we all wish to see. That apart, I am happy to support this very important statutory instrument.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the Minister for introducing these regulations and for our earlier meeting to talk through the proposals, which I found very useful. We support these new powers: obviously, they will help tackle illegal activity at waste sites and will be an important additional tool for waste regulation and collection authorities in tackling the growing menace of waste crime. As we know, this takes many forms, from fly-tipping by builders and illegal dumping on farmland to large-scale criminal activity involving illegal sites and operators misclassifying waste to evade millions of pounds of tax, and so on. It is definitely time to take action.

Diverting waste from landfill, and increasing our capacity to store, sort and treat it for recycling and recovery, has to be an essential element of a future circular economy based on the waste hierarchy. If it is done well, it will bring economic and environmental benefits. In that context, the majority of waste sites play within the rules and understand their responsibilities. Unfortunately, there appears to be a sizeable minority of sites which seem to take pleasure in stretching the rules or operating completely outside the legislation. Not only is this illegal but it creates an unfair advantage over the more responsible operators. As the Explanatory Notes make clear, illegal waste sites can cause pollution to the environment as well as endanger public health. They pose a risk of fire, water pollution and other irritants such as odour, litter and fly infestations, which can cause misery for nearby communities. All too often, it is left to public bodies and owners of land to clear up the mess.

The recent Environmental Services Association Education Trust report, Waste Crime: Tackling Britain’s Dirty Secret, estimates that waste crime costs the UK £560 million a year. The Chief Fire Officers Association estimates that the cost of dealing with fires at waste sites across the UK is around £16 million a year. By any measure of cost-benefit analysis, it makes sense to crack down on the gangsters who are creating the problems in the first place, rather than leaving it to the public purse to clear up the mess. So these measures to restrict access to sites and to enforce clean-ups, as well as to fine and in more serious cases to jail those involved, have to be welcomed.

Northern Forest

Baroness Jones of Whitchurch Excerpts

Monday 26th February 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, tree planting needs to take place across the United Kingdom. HS3 and the northern powerhouse will bring an improvement for all the communities of those cities. It is really important that we plant more trees and achieve our objective to increase tree cover across the country.

[Baroness Jones of Whitchurch (Lab)]

My Lords, obviously we welcome this initiative but, following on from the noble Baroness’s question, I point out the real challenge about protecting existing ancient woodlands. When I put a Written Question to the Minister a couple of months ago about how many trees were felled each year, rather than how many were planted, I was told that the Government did not keep that information. Is not there a need to have better protection for existing ancient woodland as well as the good initiatives that the Minister has described today?

[Lord Gardiner of Kimble]

My Lords, ancient woodland is clearly very important as part of the glories of our country. In fact, overall in England, the level of permanent ancient woodlands lost to other land uses was 57 hectares—0.02% between 2006 and 2015—but, actually, 13,481 hectares of planted ancient woodland sites have been restored since April 2011. We want to ensure protection, which is why Defra and other departments are working in terms of the National Planning Policy Framework, because we should cherish our ancient woodlands.

Air Quality

Baroness Jones of Whitchurch Excerpts

Thursday 22nd February 2018 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I refer the House to my involvement with the charity ClientEarth and thank the Minister for repeating that Answer. Surely he recognises that this court ruling is a damning indictment of the Government’s handling of the air quality issue. Let us be clear: yesterday, the judge ruled that the Government’s 2017 air quality plan was “unlawful” and went on to say:

“It is now eight years since compliance with the 2008 Directive should have been achieved. This is the third, unsuccessful, attempt the Government has made at devising an AQP which complies with the Directive and the domestic Regulations”.


He was so critical of the Government’s response that he is now considering direct court supervision of the Government’s future plans.

Meanwhile, the Government issued a completely misleading press release yesterday claiming that this was some sort of victory. I am sorry to say that the Minister’s Statement today has similar shades of complacency. This is an issue about which there is, quite rightly, huge public concern. We have previously heard of the estimated 40,000 premature deaths a year from heart attacks, strokes and respiratory problems. This is a public health crisis.

Are the Government planning to appeal against this judgment again? Alternatively, will they now take the advice of their own officials and implement a network of clean air zones in the 33 towns and cities which are projected to have continuing illegal levels of pollution? Can the Minister explain the difference between the action that he is now proposing and what was presented to the court and has already been rejected by the judge? I suspect that the court will want a great deal more than the outcome of feasibility studies in the non-compliant cities by October this year.

There has been real concern around this House that the Government are not taking this issue sufficiently seriously. I hope that the Minister can now convince us that a major rethink is going on in the department and that the Government will finally come back with solid proposals that will deliver a proper legal deadline for clean air zones in the shortest possible time.

[Lord Gardiner of Kimble]

My Lords, I think that all your Lordships want clean and cleaner air. That is why the Government have invested considerable sums of money, amounting to £3.5 billion. I can go through some of that expenditure in detail, but much of it is in support of things such as cleaner buses. For instance, retrofitting school buses in Manchester has resulted in a 92% reduction in emissions; the level of nitrogen dioxide fell by 27% from 2010 to 2016 and by 10% from 2015 to 2016. So progress is being made, but we want to do more. That is why, across the piece, we are going to bring forward our clean air strategy.

However, I want to be clear to the noble Baroness that the judge acknowledged that very considerable time and effort had been invested by both Ministers and officials. The judge also said, in relation to the five main cities where there is a considerable problem, that what was being brought forward was lawful. I do not want to trade elements of the judgment, because we should take it seriously. That is why, instead of requesting the 33 local authorities to undertake measures, we will be requiring and directing them to do so, because we want to make progress.

It is interesting that, of those 33 areas—which is really what the judgment came down to: what we are going to do about those 33 areas where we need to achieve compliance—10 are projected to come into compliance next year, 13 in 2020 and the final 10 in 2021. In looking at this, a lot of what can be done could be done comparatively cheaply—for instance, the rephasing of traffic lights, including at roundabouts. There are a number of ways in which we want to work with the individual local authorities concerned. The reason we have requested and required the leaders to come to the meeting next Wednesday is precisely so we can get what we all want, which is cleaner air for everyone.

Abattoirs: Non-stun Slaughter

Baroness Jones of Whitchurch Excerpts

Wednesday 7th February 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the labelling issue is very important. We think it is absolutely essential that everyone can make an informed choice. We will be considering this issue in the context of our departure from the EU. I also say to my noble friend that farm assurance schemes, such as Red Tractor and the RSPCA Assured scheme, require stunned slaughter. That is an important feature.

[Baroness Jones of Whitchurch (Lab)]

My Lords, we all welcome the introduction of compulsory CCTV in slaughterhouses, which should assist with proper welfare standards. The noble Lord will know, however, that the recent incident at 2 Sisters came to light not because of the CCTV but because of undercover reporters. Unless the Food Standards Agency has the proper resources to look at the footage, we will get no further forward. Will the Minister explain what extra resources will be put in place so that the CCTV footage is used and not just sitting there in a dead camera?

[Lord Gardiner of Kimble]

My Lords, it is very important that the official veterinarian takes his or her duties extremely seriously. That is why the footage will need to be stored by the slaughterhouse operators for 90 days. The official veterinarians will have access to the CCTV systems and their recorded images. It is important that CCTV recording may be used as evidence. On resources, the official veterinarians, who are essential to this, have their duties. There have to be official veterinarians in slaughterhouses. As I said, this will be an important part of the work of enhancing animal welfare at the end of animals’ lives.

Recycling: Chinese Import Ban

Baroness Jones of Whitchurch Excerpts

Monday 5th February 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the resources and waste strategy will be very important in that regard, and it is encouraging that industry is picking this up. We have already had announcements from businesses about plastic-free brand products, and it is interesting that we are now recycling 60% of our packaging. Therefore, although we need to seek further increases in recycling rates, we are now going in the right direction.

[Baroness Jones of Whitchurch (Lab)]

My Lords, is it not time that the people at the top of the supply chain started taking more responsibility for the materials they produce? Manufacturers are always very quick to blame recyclers for allowing a build-up of waste to occur but, rather than just relying on manufacturers to take a voluntary approach, what are the Government doing to hold them to account for the plastic pollution they produce? That is at the heart of the problem. They need to produce alternatives to plastic but they are not doing that in sufficient numbers.

[Lord Gardiner of Kimble]

My Lords, we certainly need research and co-operation from all to increase recycling rates. Business is beginning to make some important strides. The Co-op, Iceland, Unilever and the packaging industry have committed to implementing solutions to enable the sustainable recycling of all black plastic packaging by the end of this year. We need to collaborate and work with business. We have strong targets and we all have to change many of our attitudes.

Environment: 25-year Plan

Baroness Jones of Whitchurch Excerpts

Monday 29th January 2018 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the Minister for initiating the debate today and to all noble Lords who have spoken with such knowledge and passion about the challenges which we know face our environment going forward. It is fair to say that across the House we welcome the intent of the Government’s vision. The document has been a long time coming, and has had its fits and starts, but I think we now have a blueprint which has some coherence and which gives a sense of the Government’s ambition for the environment, which is very welcome.

We particularly welcome the advice given to the Government by the Natural Capital Committee and the decision of the Government to absorb many of its recommendations into the plan. As the report says:

“In the past, our failure to understand the full value of the benefits offered by the environment and cultural heritage has seen us make poor choices”.


We can change all that if we alter our mindset and place a new value on our natural assets such as our land, clean air and water, our regenerating ecosystems and our diverse species. This requires hard choices—it is not an easy option—and a significant change in government priorities, but it can be done.

We also welcome the Government’s ambitions to become a global environmental champion. The Labour Government led the way internationally through the Climate Change Act, which recognised that each country must play its part in addressing the threat of greenhouse gases to the viability of our planet. Our legally binding emissions targets and the statutory delivery bodies we created are still world class. It is up to this Government now to prove that they can take that leadership to the next level by developing a global agreement, for example, to halt deforestation and to protect scarce water supplies so that we can sustain our planet for the future.

Similarly, we welcome the recognition of the crucial role that oceans play in supplying oxygen, absorbing carbon dioxide and maintaining biodiversity. As a marine nation, we have a particular role to play in demonstrating that it is possible to use and manage our seas sustainably. The extension of the marine conservation zones is key to this, as will be the introduction of genuinely sustainable fishing quotas based on the best science available and in line with our international obligations.

These and other promises set out in the plan give us hope that there is a genuine determination to make the plan a reality. But this is a huge task, and forgive me if I am slightly sceptical. I would not be doing my job if I did not remind the House that the Government do not have a great record on the environment. The truth is that despite promising to deliver the greenest Government ever in 2010, we have seen seven years of disappointment.

We can all remember David Cameron’s “hug a husky” moment, but from then on, it all seemed to go downhill. For example, the Government cut support for renewables, closed the department dealing with climate change, axed the Sustainable Development Commission, voted against key environmental protections and allowed air pollution to escalate into a public health emergency. As we have heard from several noble Lords this evening, our record on building regulations, which were dealt with during that time, has left much to be desired. My noble friend Lord Hunt reminded us that there was so much more that we could have done on clean energy in the past, and so much more that we now need to do.

But never mind, it is all different now, because we have a new Secretary of State, who undoubtedly has breathed some life back into a neglected department—as I have said before, it is a pleasure to welcome a sinner back into the environmental fold. Nevertheless, we have some remaining concerns. Although it is impossible to do justice to all the issues raised, my “thank you, but” comments—to echo my noble friend’s words—are as follows.

First, as many noble Lords have said, the document is rather short on specific commitments. In essence, it is rather more a strategy than a costed and timed action plan. If you compare it for example to the clean growth strategy produced by BEIS, it has far fewer projections, measurables and markers. Although we all accept the need for long-term planning in this sector, by the same token 25 years is a long way away and far beyond the influence and reach of this Government. As the noble Lord, Lord Cameron, said, 25 years is a blip in history, certainly in environmental history, but it is a long time in politics.

We would be far more reassured if some of the deadlines were commitments to which this Government could be held to account. I hope that when the promised metrics to chart progress are produced by the end of 2018, they will include a substantial number of actions—based, yes, on the best scientific advice and innovation—on items that the Government will deliver in this parliamentary term. Then we might have something to celebrate.

Incidentally, I can think of no one better to be the new tree champion than my noble friend Lady Young of Old Scone. And I take the points made by my noble friend Lord Judd and others who talked about the urban environment. We are in danger of seeing natural capital and the natural environment as being the countryside, but it goes far beyond that.

My second concern is that there is a preponderance of woolly commitments in the report. This point was made powerfully by the noble Baroness, Lady Miller, and the noble Lords, Lord Krebs and Lord Teverson. The report’s wording leaves something to be desired, talking about,

“working with interested parties to consider … exploring the potential … reviewing existing plans … investigating the potential for research … considering delivery options”,

and so on. These do not sound much like a Government who have made their mind up about much. I hope the Minister is able to reassure us that there is some urgency in the department to put some teeth and determination into the rhetoric.

Thirdly, at the launch of the document the Government placed great emphasis on the need to clean up plastic from our environment. We all agree that a powerful case was made for this in the “Blue Planet” series. I know we all care passionately about the issue of plastic and have debated it in the past. However, as the right reverend Prelate the Bishop of Salisbury has said, the plan contains few specific measures to tackle plastic waste. For example, a plastic-free aisle is not going to make much of an inroad into the 800,000 tonnes of plastic packaging waste produced by supermarkets each year. Meanwhile, as several noble Lords have said, there is no mention of the single-use bottle deposit scheme or the levy on disposable coffee cups, which the Government have previously raised.

At the same time, dealing with waste and resource efficiency requires an ambition well beyond plastic recycling. I agree with my noble friend Lord Hanworth that our record on recycling across the piece has been poor, which is why we are concerned about reports that the Government are blocking the new EU recycling targets, a point that has been made recently in the press. We need to re-engineer the way we use resources so that they can be used again and again in a genuine circular economy. This will require clear government direction and investment. It cannot be left to individual businesses to act on a voluntary basis. I agree with the noble Baroness, Lady Bakewell, that WRAP has a crucial role to play in all this, and it is a great shame that there have been reports about its budget being cut. If we do it well, it will not be a negative action; it will provide huge growth in green jobs, which in turn could give a major boost to our economy. So it is regrettable that the resource and waste strategy promised for later this year has not been incorporated into this document, leaving many questions unanswered.

Fourthly, the plan relies on a great deal of cross-departmental delivery, as a number of noble Lords have mentioned—for example, working with BEIS on the clean growth strategy; working with the MHCLG on the planning and housing implications for sustainable living; working with the departments of health and education on improving health and well-being and bringing children closer to nature; and working with the devolved nations to provide coherent themes for action across the Government. This cross-departmental working is notoriously difficult to achieve. Despite the launch speech by the Prime Minister, I doubt the 25-year environment plan is a priority for other departments. On top of all that, there are the arm’s-length agencies that are cross-referenced in the document, which also need to be co-ordinated into a sensible whole. So there is a major challenge here in terms of where ultimate responsibility lies and who is going to ensure that everyone across government plays their part to deliver the plan. What mechanisms does the department have in place for overcoming the renowned reluctance of the Minister’s colleagues to work on a collaborative basis?

Lastly, as a number of noble Lords have argued, there is a noticeable absence of legal underpinning for the proposals. The document talks of consulting on a new independent body to hold the Government to account, but is that really good enough? I echo the concerns of my noble friend Lady Young of Old Scone and several other noble Lords: these commitments will be taken seriously only if they are backed by the force of law and a new environment watchdog with real teeth to hold the Government to account for its compliance with environmental law and, if necessary, force them to take action to mend any broken promises. That has to include the powers to take Ministers to court and be subjected to serious sanctions, such as fines, when environmental laws are broken. The noble Lord will know that this is an issue that we are going to refer to in the EU withdrawal Bill, but it is a shame that the Government did not take the opportunity to set out a clear legislative underpinning in this document.

With that said, we welcome the overall ambition of the Government and very much look forward to seeing how it matches up to reality in years to come.

Water Abstraction Regulations

Baroness Jones of Whitchurch Excerpts

Monday 15th January 2018 Lords Chamber

Moved by

[Baroness Jones of Whitchurch]

That this House regrets that the Water Abstraction (Specified Enactments) Regulations 2017 (SI 2017/1042), the Water Abstraction and Impounding (Exemptions) Regulations 2017 (SI 2017/1044), the Water Abstraction (Revocations etc.) (England) Order 2017 (SI 2017/1046), and the Water Abstraction (Transitional Provisions) Regulations 2017 (SI 2017/1047) have missed the 2012 deadline set in the European Union Water Framework Directive which has required Her Majesty’s Government to explain their general implementation of the legislation to the European Commission; notes that the Regulations draw on a consultation exercise originally carried out in 2009 and then repeated in 2016; and considers that the delays cast doubt on the ability of the Department for Environment, Food and Rural Affairs to handle the volume of secondary legislation that will result from the Brexit process.

Relevant document: 10th Report from the Secondary Legislation Scrutiny Committee.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I pursue this Motion to Regret the four water abstraction regulations that have been tabled for three main reasons: first, the policy implications contained therein; secondly, the pattern of delays in Defra dealing with regulations; and, thirdly, the wider capacity issues within the department to deal with future legislation.

The background to the Motion is the excellent report of the Secondary Legislation Scrutiny Committee, which was published on 16 November 2017. As ever, the committee has carried out its responsibility with scrupulous attention to detail and to the public policy implications of the regulations. The report describes how the four sets of regulations have the combined effect of ending exemptions from the requirement to obtain a licence to abstract water. This has significant environmental implications as, in the past, unfettered water abstraction—for example, in the use of irrigation—has impacted on the flow of water available for other users further downstream. As the Defra Explanatory Memorandum makes clear, currently 5,000 significant water abstractions are exempt from licensing, compared to 20,000 that do have to have a licence. This creates an unfair playing field and allows unlicensed abstractors to put pressure on the environment and other water users.

Given the environmental importance of this issue and our understanding of the need for careful management of water catchment areas, particularly in the light of recent flooding crises, I would have thought that the Government would have been keen to act. Sadly, the opposite has been the case. As the Secondary Legislation Scrutiny Committee has highlighted, these regulations have been tabled 14 years after the requirement to do so in the Water Act 2003, and five years after a deadline set by the EU water framework directive. Not only is this negligent but it put us at odds with our EU obligations, which could have led to the Commission bringing formal proceeding against us, which, in turn, could have led to taxpayers funding the Government’s defence. I have to ask: why did it take so long to act on this issue?

Over this period, the Government carried out two consultations on proposals to remove the licensing exemptions. The first was instigated in 2009, resulting from the Labour Government’s decision to consult on the need to comply with the EU directive. Not surprisingly, those who already had licences and those concerned with the environment supported the regulations, and, again not surprisingly, those who did not have licences were resistant to the proposals. When the new Government came in in 2010, they failed to implement the changes required as they decided that the business concerns were more important than the environmental concerns. It then took another six years for the Government to decide that a new consultation was necessary. As the SLSC report makes clear, this proposed a,

“light-touch, risk based approach to licensing … which is now being taken forward”.

Indeed, the impact assessment concentrates its concerns on the cost to business of making these changes. As the SLSC report concludes:

“It is clear that Defra’s concern to mitigate the impacts on business has been an important cause of the protracted timescale for removing these licensing exemptions”.


My first reason for pursuing this Motion to Regret is to highlight our concerns that business interests are being put before environmental interests and before the need for fair play between those who are already in compliance and those who seem to want to continue to act outside the system. Is this the way that the Government are going to go forward? If it is, it rather contradicts everything that the Secretary of State has said about putting the environment first, and the rather lofty ambitions of the 25-year environment plan, which will require some hard choices, considerable behaviour change and potential costs on the part of business. It would be helpful if the Minister could clarify whether the Government’s policy in the most recent consultation, based on prioritising business needs over environmental objectives, remains the same.

Secondly, I would like to raise the inconceivable delay in bringing forward these regulations. We are now 12 years past the Water Act 2003 and five years past the deadline for compliance with the EU directive. How can the Minister justify this delay? I raise this with particular concern, because it is not a one-off event. This is not the first time that the SLSC has criticised Defra’s treatment of secondary legislation. In July, the SLSC noted that the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017, which transposed three EU directives, missed the transposition deadline of 1 January 2017. The Commission issued a formal notice to the UK in late January and, in response, the department set a revised transposition deadline of June. In the same week, the committee also noted that the Single Common Market Organisation (Emergency Aid) (England and Northern Ireland) Regulations 2017 were based on a short, two-week consultation in September and October 2016. That was done for good reason, but the committee questioned why, given the early October consultation deadline, it then took six months for the regulations to be laid.

In March, the committee noted that Defra’s answers to its questions on the Commons (Registration of Town or Village Greens) and Dedicated Highways (Landowner Statements and Declarations) (England) (Amendment) Regulations 2016 had misrepresented the position of user groups. The committee wrote to the Minister to bring the case to his attention. In his response, he acknowledged that the department may have given the committee the wrong impression. I would be grateful if the Minister could explain why these delays and mistakes are taking place and what is being done to address these failures. The prompt and accurate processing of secondary legislation is an essential part of legislative scrutiny and I hope he can confirm that it will be taken more seriously in the future.

Finally, I want to raise the wider issue of the department’s capacity to handle forthcoming legislation. We already know that 80% of legislation affecting Defra is derived from the EU level. The European Union (Withdrawal) Bill will give ongoing legal effect to the directly applicable legislation, which the UK will of course take on board. At the same time, the technical details, in the form of statutory instruments, will need to be crafted accurately and in a timely manner.

The noble Lord will know that the January 2017 House of Commons Library briefing found there are 922 regulations relating to agriculture, 1,122 to fisheries and 527 in the field of environment, consumer and health protection. While not all of these will be relevant to the UK, it is clear that Defra will have a significant amount of extra work to carry out between now and March 2019. At the same time, we already have promises for an animal sentience Bill, a fisheries Bill and an agriculture Bill—all of which are expected this year.

In November 2015, RSPB and Wildlife Trusts economists said that cuts to Defra’s budget would be equivalent to 57% in real terms over the course of two Parliaments. I accept that this has been partially mitigated as, in October, the Government confirmed extra funding for Defra in order to prepare for Brexit. At the time, the department said that it expected to hire an additional 1,200 civil servants to cope with its extra workload. However, a National Audit Office report published this month suggests that only half this number of posts had been filled as at November, and of course these posts are only intended to cover the work of Brexit, not the wider day-to-day running of the department. Is the Minister satisfied that Defra now has the resources necessary, at the right level of knowledge and training, to process the huge workload linked to Brexit, as well as the day-to-day work such as preparing primary and secondary legislation and rolling out the 25-year environment plan?

I look forward to the Minister’s response on these three challenges—the Government’s approach to regulating business in the context of environmental priorities, the need to address the delays and errors in the processing of secondary legislation, and the overall capacity of the department to deal with the upcoming workload.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am very grateful to the noble Baroness, Lady Jones of Whitchurch, for putting down this Motion to Regret. I am able to support all of her arguments in this vital matter. The use and retention of water is key to the way in which the country is able to function, both in terms of domestic properties, farming and business.

As the noble Baroness said, the 10th report of the Secondary Legislation Scrutiny Committee back in November made it very clear that the Government have taken an exceedingly long time to reach the point where they feel they can move forward with secondary legislation—some 14 years after the parent Act. Currently around 5,000 significant water abstractions are exempt from licensing, while some 20,000 abstractions have licences. There does not appear to be any substantial reason why licences should not apply to all abstractors. This is clearly inequitable.

Keeping our rivers flowing must be a priority as overabstraction is damaging diverse wildlife populations. It would seem, from the Prime Minister’s speech last Thursday, that the Government have now woken up to this fact. Analysis shows that the economic and social costs of drought far exceed the costs of addressing the problem and that the rate of return on investment of improving river health is high.

Nearly a quarter of rivers in England are at risk from unsustainable water abstraction, with 14% classified as overabstracted, meaning that water removal is causing rivers to drop below levels required to sustain wildlife. Some 9% are overlicensed, meaning that the river would be overabstracted if licence-holders took all the water they were entitled to. This situation is critical and should not have had to wait 14 years to be addressed.

As we heard, the Government conducted a consultation in 2009 and then again in 2016. I wonder if having consulted in 2009, the incoming Government did not like the responses and shelved the document. I have looked at the responses to the 2016 consultation. Farmers and the mining and quarrying industries were the highest responders, but some responders did not reply to all questions, as they did not all apply to them. Somerset has farming, mining and quarrying industries that are highly dependent on water abstraction. I found the responses of the water level management contributors most interesting, as I live close to the Somerset Levels. The internal drainage boards are only a small section of responders, but they are extremely important.

I was also interested in the response to Question 3 on excluding compensation provisions for future abstractors, with all six environmental groups agreeing with the proposal and all seven in the quarrying and mining sector disagreeing. I understand the Government’s dilemma in trying to please everyone. But water, as we know, needs to be both harvested and protected for the environment. The Government must transpose the water framework directive in full, establishing mechanisms and sanctions to enforce its implementation, even if we leave the EU. The 2027 deadline to increase the proportion of water bodies in good ecological status should be upheld.

The Government’s Brexit White Paper guaranteed that this important piece of legislation and its 2027 deadline would be transposed into UK law. Will the Minister now confirm that this will happen? In its Water for Life White Paper, Defra set out its intention to reform the abstraction regime to ensure sufficient water for wildlife and economic growth. The resulting legislation to make this a reality was due this spring. But in April 2017, the Minister confirmed that new legislation was on hold due to insufficient parliamentary time to take it forward.

In 2016-2017, Britain experienced the driest winter and early spring for more than 20 years according to the Met Office. But Parliament appears not to have been able to allow time for the Government to implement the vital legislation covered in the Water for Life White Paper.

As well as wildlife and biodiversity, water abstraction featured in last week’s 25-year environment plan. The Government aim to amend licences in cases of unsustainable abstraction; encourage water trading and storage; introduce more low-flow controls to protect the environment; and replace seasonal constraints to allow extra abstraction at high flows. They will be extremely busy and it will be good if all that comes to pass.

In many parts of the country, severe drought is a real issue, but in others, the problem is flooding. Managing water flow, storage and movement is key to all those areas affected. Not taking action on the directive for 14 years seems to these Benches to be dilatory in the extreme. I look forward to the Minister’s response on this important matter.

--- Later in debate ---

I should emphasise again the 25-year environment plan, because it has come up so many times. This is a continuing task—it is not about arriving in 2041 and suddenly deciding we need to fulfil the plan. The plan will be worked on day in, day out, as we work to leave the environment in a better place. Clearly, the good custodianship of the water supply is one of our prime duties and something that the Environment Agency has responsibility for. The agency is working extremely hard, and we in turn are working with it. I am most grateful to the noble Baroness for this opportunity.

[Baroness Jones of Whitchurch]

My Lords, I thank all noble Lords for their contributions, and in particular the noble Baroness, Lady Bakewell, and my noble friend Lord Whitty for their wholehearted support of the position that I put forward. All noble Lords owe a debt of thanks to the noble Baroness, Lady Byford, and my noble friend for a very enlightening history lesson going back to 2003. I absolutely agree with the Minister’s comments that it is very helpful to have people who were there at the time to put us straight on a few things when we look back in history and try to understand what happened.

I also agree with my noble friend Lord Whitty that the end result of all that was that over and again a coherent approach to abstraction was put on the back burner. We had the opportunities to take the issue forward and to have a more holistic view of water extraction and water management in the round—but time and again we did not find the time or make it a priority to take that forward. I will also say—and I think the contributions this evening have echoed this—that we are now far more aware of the importance of water management than perhaps we were back at that time. It is not just something for the experts: there is a much wider public concern about what is happening in terms of water management in the UK. We have been given examples of floods and droughts—we all see it, know it and feel it, which I think focuses our mind on the fact that we really need to be doing more about it.

We will have opportunities to debate this going forward, and I welcome some of the issues that the Minister mentioned. He mentioned the new abstraction plans that are coming forward, which are contained in the 25-year environment plan. I mentioned that I was concerned about the overemphasis in delays on business interests. Some people queried whether or not that was true. I would only pray in aid on all that the analysis of the Secondary Legislation Scrutiny Committee, which said:

“While the Department clearly had to consider the way in which businesses would be affected by the changes proposed, we see no reason why its reflection on the consultation process in 2009 needed to take the best part of a decade to be turned into detailed implementation”.


I share that analysis at the end of the day, despite what the Minister said about the environment being put first. The party opposite says that regularly, and we all want to believe it, but we also have to look at its actions as well as its words, and the proof will be in the telling as time goes by. So the Minister did not exactly reassure me on that—but maybe he said as much as he was able to.

I also thought that he was rather grudging in his acknowledgment of the fact that there had been a delay. I think he said that there could have been more expeditious progress. Well, that is a bit of an understatement of the facts. I think that everybody can see and acknowledge that there is no justification for the delay, whatever the reasons, and that it could have been dealt with more speedily.

The Minister sought to reassure me on the issue of capacity, but I am concerned that the recruitment now taking place is focused on Brexit. The department has taken a big hit in terms of staff reductions in the last 18 months. The new recruits are very welcome and I look forward to working with them, but they will be focused on Brexit rather than the bread-and-butter stuff that we are dealing with here, which is some of the business-as-usual work that still needs to take place. The Minister said he would go away and look at why some of the other delays that I mentioned had taken place. We need to keep our foot on the accelerator to ensure that the work is kept up to date.

The Minister said at the end that he did not think I would be satisfied by all that he had said—and, unsurprisingly I am not. Nevertheless, I welcome the dialogue and discussion, and I think that he gave fair and honest answers. With that—and bearing in mind the lateness of the hour, since I know we are going to be debating these issues for many months to come—I beg leave to withdraw the Motion.

Motion withdrawn.