European Union (Withdrawal) Bill

Debate between Baroness Jones of Whitchurch and Lord Callanan

Monday 18th June 2018 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, government Motion B follows the debate that we have been having throughout the passage of the Bill on the enforcement of environmental principles. On each occasion, noble Lords have voted on a cross-party basis around the Chamber to send a message that the Government’s proposals are not good enough and do not represent the protections for the environment that we currently enjoy in the EU.

At Third Reading this House supported, with a significant majority, an amendment that set out how current EU rights could be replicated in UK law. I am sorry that the Government did not feel able to support it when it went back to the Commons. They did, however, finally and reluctantly—as the noble Lord, Lord Krebs, said—come up with their own alternative. It is a step forward, and I am pleased that many of the arguments made by our side of the House, and across the Chamber, have had some impact.

As the Minister will know, the views that we expressed are supported by tens of thousands of individuals, activists and NGOs around the country who have campaigned vigorously on these issues. So we have made progress, but there remains—as my noble friends said—unfinished business. We will continue, therefore, to use every opportunity to achieve what we have been promised. All we are trying to do is replicate what we already have—and to be assured that it will be in place on Brexit day.

At the heart of environmental protection we need a green watchdog, on a statutory footing and independent of government, that can take appropriate enforcement action against Ministers and arm’s-length bodies when they ignore their environmental responsibilities: in other words, a watchdog that replicates the current role of the EU Commission. We also want an obligation on Ministers to act in accordance with the provisions of the Bill, rather than simply to “have regard to” the provisions, which is a much less stringent legal requirement and could lead to considerable legal uncertainty. Finally, we want to ensure that our exit from the EU does not end, by accident or design, in a diminution of rights and powers otherwise enjoyed in the EU.

It is important that these issues are resolved because, as we debated at Third Reading, the Government’s proposed alternative—the environmental principles and governance Bill—will not be available, at the earliest, until after the next Queen’s Speech. For many of us, moreover, the consultation document produced in advance of that Bill is a thin and unpromising start to the promises made by the Secretary of State to deliver a world-leading environmental body, with independent, statutory backing, to hold the Government to account.

I hope, therefore, that the Minister will address our ongoing concerns, despite the progress that has been made. I hope that he will make it clear that what we have before us is a minimum set of proposals and that negotiations will continue on the details. I hope, too, that he fully understands that we are not going away and will press these arguments at every opportunity.

[Lord Callanan]

My Lords, as I said at the start of this debate, the issue of environmental protections has been widely discussed during the Bill’s passage through both Houses, and I thank all noble Lords who have contributed today. In particular I say to the noble Baroness, Lady Jones—who I know feels passionately about these issues—that we agree with her that the environment should be left in a better state than when we inherited it, and that we want to use the opportunity of Brexit to design environmental policies that in many respects are more advanced than those of the European Union but are tailored purely for the benefit of the United Kingdom. I am sorry that the noble Baroness feels disappointed, but she has the commitment of the Government—and the Secretary of State—to take these matters forward in the Bill once the consultation is finished.

I will address some of the points that were made. As I set out earlier, the consultation document is clear that these proposals are for England only. They cover areas that are the responsibility of the UK Government. The amendment requires the Secretary of State to publish a draft Bill and makes no substantive change to the law in Wales or anywhere else. This goes to the heart of the point made by the noble Lord, Lord Wigley. We will work closely with the devolved Administrations on the new body, including on whether they wish to take a similar or, indeed, different approach themselves. The UK Government view is definitely that this amendment does not meet the test for legislative consent.

I reiterate that the amendment sent to us from the Commons represents an opportunity to strengthen and enhance our environmental protections, not to weaken them, and I hope that your Lordships will agree it today. I emphasise that we are still out to consultation on the main legislation. There will be plenty of opportunity to contribute to that consultation. I know that noble Lords and noble Baronesses who feel passionately about these matters will be able to contribute to that consultation—and then, of course, once the draft Bill is launched, there will be frequent opportunities in this House to debate the issues at great length, which I am sure noble Lords will take full advantage of.

European Union (Withdrawal) Bill

Debate between Baroness Jones of Whitchurch and Lord Callanan

3rd reading (Hansard): House of Lords
Wednesday 16th May 2018 Lords Chamber

[Baroness Jones of Whitchurch]

I thought that I had addressed that. If after Brexit day we are to have the same powers and enforcement as we had prior to it, we need to have a green watchdog with those enhanced powers that Europe has given us in the past—as we heard from the noble Lords, Lord Rooker and Lord Smith, and other noble Lords. That is the need. If we do not replace that in some way with an independent body that can achieve that, we will have no way of enforcing the regulations to which the noble Baroness referred.

The key thing in our amendment is that we have an independent body with the powers to ensure compliance by public bodies with environmental law. There will be a governance gap, a power gap, if that does not occur. I say to all those people—including, again, the noble Baroness, Lady Byford—who say that the consultation is the right way to deal with this, that the idea that a consultation will deliver a new watchdog with some teeth when it is not included in the consultation is magical thinking. We all know that the reality is that the opposite is the case with government consultations and, inevitably, further compromises tend to occur before legislation is finalised. I do not think that to hold that out as a hope and an offer is going to give us much reassurance.

Finally—and this is also a really important point—Michael Gove has already acknowledged that there will be a governance time gap. This consultation proposes a Bill in the next Queen’s Speech. That would not be enacted until, say, the end of next year at the earliest. A lot can go wrong before then. As we have discussed before, a rather large number of Defra Bills have been promised and are already in the queue for enactment. Timescales are already slipping. Even with the most optimistic projections, the current plans mean a time lag where environmental protections will not be—as promised in the Bill—the same as we had before exit day.

Our amendment addresses that gap. It addresses those omissions and requires that the legislation would be produced within six months of the date on which this Act is passed and therefore fill that gap. This is the only way to maintain both the spirit and the substance of continuity with EU rights which the Bill promised and the only way to protect the environment for future generations. I hope that noble Lords will see fit to support it.

[Lord Callanan]

My Lords, it is, frankly, disappointing that this amendment has been tabled today. We have debated the important topic of environmental protections on numerous occasions in your Lordships’ House, and the Government have taken clear action in response to many of the points raised. There was support across the House for the Government’s amendments removing the powers in this Bill to create new public authorities and our commitment to do so only in primary legislation.

Indeed, the noble Baroness, Lady Hayter, said on Report:

“the very way that we set up quangos—how they are appointed, funded and run, and particularly their reporting structures and independence from both government and any other organisation they happen to be regulating—is key to how they work, hence the need for primary legislation so that we can interrogate all these things”.—[Official Report, 25/4/18; cols. 1585-86].

I agree with her. The Government have committed to do precisely that—to bring forward primary legislation so that Parliament can fully scrutinise, indeed interrogate, the powers of a new environmental watchdog. Yet here we have an amendment designed to use this Bill to set the parameters of such a body without the benefit of the consultation that we are now undertaking and without the scrutiny that would come from considering a Bill that is specifically introduced for that purpose.

We have endeavoured to provide as much transparency as possible to our plan for ensuring environmental protections are enhanced and strengthened, not weakened, as we leave the European Union. In November, the Secretary of State for Environment, Food and Rural Affairs gave a commitment on the Floor of the other place to create a new comprehensive policy statement setting out environmental principles, recognising that the principles currently recognised in UK law are not held in one place. At that time, the Secretary of State also announced our intention to consult on a new, independent and statutory body to advise and challenge the Government and potentially other public bodies on environmental legislation, stepping in when needed to hold these bodies to account and being a champion for the environment.

In direct response to the points made by the noble Lord, Lord Krebs, we welcome all consultees’ views on how this is best achieved, and that includes on the range of enforcement measures that might be required. On Report, I gave a firm undertaking that this consultation would be published ahead of Third Reading, and we did just that on 10 May. The consultation includes proposals on a new, independent statutory body to hold government to account on environmental standards once we have left the European Union and a new policy statement on environmental principles to apply post EU exit. I say to the noble Baroness, Lady Jones, that this is a consultation: we want to hear all views and we have, as yet, made no decisions on how these bodies might operate.

On the subject of timing, I am afraid that the noble Baronesses, Lady Jones and Lady Bakewell, are simply wrong. The Secretary of State for Environment, Food and Rural Affairs announced that we will bring forward a new, ambitious environmental principles and governance Bill in draft in the autumn of this year, with introduction early in the second Session of this Parliament, to deliver these proposals in advance of the end of the agreed implementation period.

Put simply, Amendment 1 risks compromising the timely and full consideration of many important issues. It requires consultation with stakeholders—a point well made by my noble friend Lord Ridley—and yet mandates a set way forward in primary legislation. This is neither helpful nor necessary, as the issues it seeks to bind the Government to commit to are those we will explore in the consultation. In short, the amendment is premature and it prejudges the views of important stakeholders.

There are good reasons for gathering and properly reflecting on views ahead of taking action. Indeed, if we did not do so, I suspect that we would be criticised by the very people moving this amendment. For example, a significant proportion of environmental policy and legislation is devolved. We need to take account of the different government and legal systems in the home nations, as well as the different circumstances in the different parts of the United Kingdom. Amendment 1 risks compromising consideration of these important issues, as well as the wider devolution settlement, by requiring the UK Government to take UK-wide action, including to publish proposals for UK-wide primary legislation on governance and principles.

The government consultation is concerned with England and reserved matters throughout the United Kingdom, for which responsibility sits in Westminster. However, we are exploring with the devolved Administrations whether they wish to take a similar approach, and would welcome the opportunity to co-design proposals to ensure that they work well across the whole of the United Kingdom. We would also welcome views from a wide range of stakeholders, including environmental groups, farmers, businesses, local authorities and the legal profession. I welcome the comments of my noble friend Lady Byford, who made some excellent points worthy of our consideration.

Turning to the issue of environmental principles, the published consultation outlines our proposal to require Ministers to enshrine these principles in a comprehensive statutory public policy statement setting out their interpretation and application. As we have said many times before, the core purpose of this Bill is to provide for continuity in our framework of laws and rules before and after exit: no more and no less. The Bill takes a comprehensive—

European Union (Withdrawal) Bill

Debate between Baroness Jones of Whitchurch and Lord Callanan

Report: 3rd sitting (Hansard): House of Lords
Wednesday 25th April 2018 Lords Chamber

[Baroness Jones of Whitchurch]

As ever, I thank my noble friend for his helpful advice. He must be right.

We of course support the amendment in the name of the noble Baroness, Lady Jones of Moulsecoomb. It is another option but, on the basis of the debate we have had so far, I hope noble Lords will support Amendment 40 as it stands.

[Lord Callanan]

My Lords, let me start by being crystal clear about the Government’s commitment to animal welfare as we leave the EU. As the Prime Minister said in another place on 22 November,

“we already have some of the highest animal welfare standards in the world, and as we leave the EU, we should not only maintain, but enhance them. We have already set out our proposals to introduce mandatory CCTV in slaughterhouses; to increase sentences for animal cruelty to five years; to ban microbeads, which damage marine life; and to ban the ivory trade to help bring an end to elephant poaching”.

The Prime Minister went on to explicitly confirm:

“We also recognise and respect the fact that animals are sentient beings and should be treated accordingly. The Animal Welfare Act 2006 provides protection for all animals capable of experiencing pain or suffering which are under the control of man”.—[Official Report, Commons, 22/11/17; col. 1038.]

The following day my right honourable friend the Secretary of State for Environment, Food and Rural Affairs set out in a Written Ministerial Statement in the other place that:

“This Government will ensure that any necessary changes required to UK law are made in a rigorous and comprehensive way to ensure animal sentience is recognised after we leave the EU”.


But, as he further noted,

“The withdrawal Bill is not the right place to address this”.—[Official Report, Commons, 23/11/17; cols. 35WS-36WS.]

In this respect I agree with my noble friend Lord Hodgson. The Government’s commitment to legislating in this area is in no doubt. I can confirm to the noble Baronesses, Lady Jones and Lady Bakewell, and to my noble friend Lady Byford, that not only have we made that commitment but we have begun work on drafting and developing that legislation.

In December, the Government published draft legislation to address the recognition of animal sentience through the Animal Welfare (Sentencing and Recognition of Sentience) Draft Bill. The public consultation on the draft Bill closed on 31 January. We have received over 9,000 responses, which the Government are analysing. The magnitude of the response highlights not only the importance and complexity of animal sentience in and of itself, but also the manner in which it is recognised in legislation.

On 1 February, the Environment, Food and Rural Affairs Select Committee in the other place published its pre-legislative scrutiny of the draft Bill, and the Government’s response to that was published earlier this week on 23 April. I do not know whether that is the consultation which the noble Baroness, Lady Jones, said she had not seen yet, but if that is the case, I will be happy to get my officials to send her a copy. However, we have responded to that consultation. In its report, the committee highlighted a number of concerns about the draft Bill, which once again serves to underscore further the complexities of the issue and why it is so important that we get this area of the law right, a point that was well made by my noble and learned friend Lord Mackay. That is what we all want, but I am afraid that the amendments before us will not achieve that, as I will outline shortly.

As previously stated, there is no question but that the Government regard animals as sentient beings. As we said in relation to this issue during the Committee stage of this Bill, we certainly agree with the underlying sentiments of amendments such as that tabled by the noble Baroness, Lady Jones of Moulsecoomb, and of course the noble Lord, Lord Trees. However, as we also said in Committee, we cannot support them.

In order that there can be no ambiguity regarding the Government’s resolve on this matter, let me be clear again that the Government intend to retain our existing standards of animal welfare once we have left the EU and, where possible and practical, to enhance them. My noble friend Lady Oppenheim-Barnes set out some important areas that we would want to consider in this respect. Perhaps I may also be clear that the Government fully recognise the level of support for our commitment to maintaining and enhancing our high standards of animal welfare as expressed not only in this Chamber and the other place but also among the general public. The groundswell of feeling on this matter is surely a testament to the UK as a nation of animal lovers who share a proud and long history of legislating to protect animals from cruelty and suffering, much of which of course predates our accession to the EU. As we move towards a new relationship with Europe and the rest of the world, we are absolutely determined to maintain our high animal welfare standards, to improve on them where appropriate, and to legislate to do so where necessary.

However, as has been said, the purpose of this Bill is to provide continuity by ensuring that we have a functioning statute book upon our exit from the EU. As I am sure noble Lords appreciate, in relation to the European Union and EU member states, Article 13 creates an obligation to have full regard to the welfare requirements of animals when formulating and implementing EU policies on the basis that animals are sentient beings. However, the underlying requirement to consider the needs of animals contained in Article 13 is limited to a small number of EU policy areas. The resulting impact of Article 13 on domestic law is therefore minimal. At its conception, Article 13 was considered by many to be a symbolic step change in our relationship with animals that would drive radical improvement in animal welfare across Europe. In reality, its impact has failed to materialise. Simply transferring Article 13 as it stands into domestic law would be a disservice to the cause of animal welfare and is not in keeping with the Government’s aim for the UK to be a world leader in this area.

The draft Bill that I mentioned earlier sets out a possible method to better enshrine the principles of animal sentience in domestic law. Notably, and unlike Article 13, the draft Bill does not seek to restrict the recognition of animals as sentient beings to specific policy areas, a change that we hope noble Lords will agree is a significant improvement. The draft Bill also imposes a clear duty on Ministers of the Crown to have regard to animal welfare.

Given the complexities that I touched on earlier, it is crucial that this issue is given the consideration and effective legislation that it deserves to avoid replicating the issues contained in Article 13. For this reason, I regret to say that we cannot support the amendment tabled by the noble Baroness, Lady Jones of Moulsecoomb. The amendment appears to seek to transfer the obligations contained in Article 13 to domestic law. However, this clause applies only to the formulation, rather than to the formulation and implementation, of law and policy. It is the Government’s view that this clause would further reduce the already limited scope of Article 13.

I would like to reassure noble Lords—and I know that the noble Lord, Lord Trees, is particularly interested in this fact—that the Government and the EU have reached agreement on an implementation period following our exit from the EU until the end of December 2020, and Article 13 would continue to apply during that period.

Turning to Amendment 40, moved by the noble Lord, Lord Trees, the proposed new clause seeks to place a duty on Ministers of the Crown and the devolved Administrations to pay due regard to the welfare requirements of animals when formulating and implementing public policy. I am grateful to the noble Lord for his contribution, and as other noble Lords have indicated, he does of course have much experience in this area. I am also grateful for the constructive engagement that he has had with the Government, and I was pleased to meet with him earlier this afternoon.

The clause also seeks to prevent judicial review for failure to comply with that duty, instead requiring the Secretary of State to account to Parliament and requiring the devolved Administrations to account to their respective legislatures. This appears designed to address concerns raised by the Commons EFRA Committee about the need to avoid an unnecessary and costly burden being imposed on the courts in the pursuit of replacing Article 13. However—and this reflects on the points made by the noble and learned Lords, Lord Hope and Lord Judge—due to the constitutional significance of legislation to this effect, very clear wording is required to remove the availability of judicial review. The current drafting of the amendment is not sufficiently clear, meaning that it is likely that policy decisions could still be subject to judicial review for failure to comply with the duty to pay due regard. Here I bow to the superior wisdom of my noble and learned friend Lord Mackay on this subject.

In addition, the Secretary of State and the devolved Administrations would be accountable to their respective Parliaments for their compliance with the duty and need to report on an annual basis on the formulation, implementation and effectiveness of policy related to animal welfare. Subsection (3) states that it is for Parliament to decide how the duty has been properly discharged. However, it is likely to be argued by some that subsection (1) creates a distinct duty that can in fact be used to judicially review policy decisions.

We are carefully considering how to take forward the recommendations made by the EFRA Committee and others during the consultation. We are grateful to the noble Lord, Lord Trees, for his proposed formulation and will consider it carefully as we decide how to take forward the measures that we have set out in the draft Bill.

I again reiterate that the aim of this Bill is to provide a framework which ensures that our impending exit from the EU occurs in an efficient and timely manner. It will urgently provide the reassurances needed in order to plan for day one as we leave the EU. As part of that function, this Bill will retain the existing body of EU animal welfare law in UK law, ensuring that the same protections are in place in the UK following our EU exit.

I hope that what I have had to say provides reassurance to the noble Lord and the noble Baroness on the Government’s firm stance on animal sentience and that the noble Lord will feel able to withdraw his amendment. However, I cannot give any false hope that I will reflect further on this issue between now and Third Reading, so if the noble Lord wishes to test the opinion of the House, he should do so now.

European Union (Withdrawal) Bill

Debate between Baroness Jones of Whitchurch and Lord Callanan

Report: 2nd sitting (Hansard): House of Lords
Monday 23rd April 2018 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I support Amendment 27 and will speak to Amendment 41. I will explain, as my noble friend Lord Judd knows, our slight concerns about his amendment.

The noble Baroness, Lady Brown, along with a number of other noble Lords from around the House, spoke very eloquently on this issue. In their own way, they have all reinforced the point that this amendment is necessary to ensure that the current environmental protections exist after exit day with the same certainties and enforcement which have helped us shape our world-class environmental standards up to now. We have rehearsed before the importance that the EU has played in setting those standards. To deliver this certainty, we need the same core principles that apply to EU law to be transposed in full, and, more importantly, we need a new organisation to replace the enforcement powers operated by the EU Commission and the Court of Justice, which guarantee the standards that we currently enjoy.

When we debated similar amendments in Committee, they received widespread support from around the Chamber. That has been echoed this evening, and I very much hope that the Minister has heard those calls. In his response to that debate in Committee, the noble Lord, Lord Callanan, tried to reassure us and told us not to worry too much. He said that a number of environmental principles were also included in international treaties, such as the Rio principles, to which the UK will continue to be a signatory. Of course, it is true that some of those environmental principles do exist in other forms, but they are not all covered in the same range and depth as exists in the EU, and we do not have the same recourse to challenge breaches of these principles and demand compliance as we do within current EU structures. If we did, we would have been more successful, for example, in stopping the decimation of the Amazon rainforest, which sadly is causing enormous climate change problems across the globe. The existence of other international treaties is not sufficient grounds for the Government to back-track on this issue.

This brings us to another argument that the Minister used in Committee—that our amendments were not necessary as Michael Gove had already accepted the need for a new comprehensive policy statement setting out the Government’s environmental principles. So far, so good, but in a follow-up letter to a meeting we had with the noble Lords, Lord Callanan and Lord Gardiner, the noble Lord, Lord Gardiner, wrote to us to say:

“The withdrawal Bill will preserve environmental principles where they are included in existing EU directly applicable environmental regulations and case law”.


Our argument is that this definition does not cover the full scope of environmental principles as they currently exist. If we just use that definition—the definition that is currently in the Bill—we will lose out. That is why a promised new set of environmental principles is so important. But, as we have heard, time goes on and there is no sign of the Government’s statement or a timeline for implementation which would ensure that the new principles were in operation by March next year. Our amendment fills that time gap by setting out the key environmental principles currently in operation in the EU which should apply until we are able to agree a more comprehensive package of the kind that we have consistently been promised but which has not yet materialised.

Even more worrying is the governance gap, to which a number of noble Lords have referred. If we do not have an independent body to hold the Government to account after exit day, we will lose out. Michael Gove has acknowledged the need for such a body and has said that he intends to consult upon it but, again, no details have been published and the clock is ticking. It has also become clear that Michael Gove’s ambitions for such a body are not necessarily shared by Ministers in other departments—for example, Transport and Treasury Ministers are on record as saying they have a much narrower view of the remit of the watchdog.

The noble Baroness, Lady Miller, referred to the report on the Natural Environment and Rural Communities Act, which not only looked backwards but, helpfully, forward. It mentioned post-EU structures and the great advantages we have had from being in the EU, which we have all rehearsed. It went on to refer to the UK watchdog and said that it needed to be independent and accountable to government, with diffuse sources of funding and the ability to deal with issues raised by individuals and NGOs, including taking government and other public bodies to court. That is the kind of package we are looking for.

However, as noble Lords and my noble friend Lady Young have said, these things take time to set up and, again, the clock is ticking. It is hard to see how this body is going to be up and running by Brexit day. If it is not, our protections will be diminished. We hope the Minister has heard the strong arguments that have been put forward on this.

On Amendment 28, my noble friend Lord Judd knows that I agree with everything he said. The reason we did not put it forward as one of the amendments we wanted to have at this stage as an environmental principle is because it is not currently seen as an EU environmental principle. Therefore, while I agree with everything he said, it might be a battle that we have to fight another day.

We wholly support the amendment of my noble friend Lord Whitty. It had considerable support from around the House when it was debated the first time round and we have heard the same comments echoed this evening. When we debated it before, for example, my noble friend Lord Rooker made a compelling case for our continued involvement in the EU’s rapid alert system for food and feed, which provides a 24-hour alert to all EU countries on serious health risks from contaminated products. On that issue, the noble Lord, Lord Callanan, was only able to say that this would be subject to ongoing negotiation.

Similarly, when my noble friend Lord Whitty probed on the issue of REACH—which he again referred to today—the noble Baroness, Lady Goldie, was only able to say that our involvement was the subject of live negotiations but that we could not remain a member of REACH. She sought to reassure us and told us not to worry because work was starting on a new IT system to oversee registrations and regulation. That prospect should strike fear into all Ministers if they expect that new IT system to be up and running on time.

The amendment of my noble friend Lord Whitty is crucial. Food and chemicals are global industries which need shared standards, shared safety levels and shared risk procedures. If we do not use those shared methodologies we are in danger of a massive duplication. Apart from the unnecessary costs, this would also have implications for animal-testing data because we would be in danger of having to duplicate research on animals, with the resulting unjustified impact on animal welfare. This is an important issue.

I hope the Minister has heard the strength of feeling on this—we have been made promises which have not materialised—and that he is in the mood to reach out to us today and provide reassurance. Otherwise, I hope noble Lords who have proposed amendments will be prepared to press them to a vote when the time comes.

[Lord Callanan]

My Lords, we welcome the sentiments behind Amendment 27, tabled by the noble Baroness, Lady Brown of Cambridge, Amendment 28, tabled by the noble Lord, Lord Judd, and Amendment 41, tabled by the noble Lord, Lord Whitty. While the Government welcome the amendments as being well intentioned, as I have said before, we believe them to be ultimately unnecessary and in some elements they go beyond the existing environmental regulation that is in force today.

As the noble Baroness, Lady Brown, reminded us, when the Prime Minister launched the 25-year environment plan on 11 January this year, she said:

“Let me be clear, Brexit will not mean a lowering of environmental standards”.


We have already taken firm steps towards that goal, as my noble friend Lord Deben remarked. Our recent announcements include an increase in recycling rates in order to slash the amount of waste polluting our land and seas, a consultation on a deposit return scheme later this year and a ban on the sale of plastic straws, drinks stirrers and plastic-stemmed cotton buds. In line with this commitment, the Secretary of State for the Environment, Food and Rural Affairs announced on 12 November our intention to create a new comprehensive policy statement setting out our environmental principles, recognising that the principles on which we currently depend in UK law are not held in one place. It is intended that the new policy statement will draw on current EU and international principles and will underpin future policymaking, underlining our commitment that environmental protection will be enhanced and not diluted as we leave the European Union.

At that time, the Secretary of State also announced our intention to consult on a new, independent and statutory body to advise and challenge government and potentially other public bodies on environmental legislation, stepping in where needed to hold these bodies to account and being a champion for the environment. I can confirm for noble Lords that it is our intention to publish the consultation in time for the Third Reading of this Bill. The consultation will explore, first, the precise functions, remit and powers of the new statutory and independent environmental body and the nature, scope and content of the new statutory policy statement on environmental principles. It is of course important to gather the views of many stakeholders in this area before coming to any conclusions. Amendments 27 and 28 would prejudge the outcome of the forthcoming consultation by setting requirements in legislation now.

As my noble friend Lord Inglewood remarked, the purpose of the EU withdrawal Bill is to convert and preserve the law so that, after exit, the laws which we have immediately before exit day will, as far as possible, be the same as those we have now. This includes the wild birds and habitats directives, transposed through to domestic legislation, as well as the protection and enhancement of biodiversity as requested by the noble Lord, Lord Judd, in Amendment 28. I am sure that the noble Lord will be reassured to know that the UK is already a signatory to many of the multilateral environmental agreements that underpin such regulations, and that will continue to be the case after we have left the European Union.

The environmental principles are framed in the EU treaties as general objectives for the EU rather than having a direct, binding effect on the delivery of EU measures by member states. Amendment 27 goes further than that, in particular by placing a duty on all public authorities to apply the environmental principles listed in the amendment. This duty does not currently exist either in EU or UK law, and it is not appropriate for this Bill to introduce new powers of that kind.

In addition, a significant proportion of environmental policy and legislation is of course devolved. We need to take account of the different government and legal systems in the home nations as well as the different circumstances of the different parts of the United Kingdom. Amendments 27 and 28 risk compromising consideration of these important issues, as well as the wider devolution settlement, by requiring the UK Government to take UK-wide action. This includes requiring the UK Government to publish UK-wide proposals for governance and principles. Our starting point is that the new statement of principles and environmental body should cover England and environmental matters that are not currently devolved. If the devolved Administrations would also like to take action on these issues, then of course we are open to co-designing the proposals to ensure that they work more widely across the United Kingdom.

Finally, Amendment 27 would require the creation of both a list of statutory functions that can contribute to the protection and improvement of the environment and a list of functions currently exercised by EU bodies that must be retained or replicated in UK law to protect and improve the environment. SIs made under the correcting power in the Bill will be presented to Parliament for scrutiny. They will set out which UK body will perform functions, such as regulatory ones, currently performed by EU bodies. It therefore seems unnecessarily bureaucratic to require by law the creation of lists of functions.

European Union (Withdrawal) Bill

Debate between Baroness Jones of Whitchurch and Lord Callanan

Committee: 4th sitting (Hansard): House of Lords
Monday 5th March 2018 Lords Chamber

[Baroness Jones of Whitchurch]

That is our position: we should have this amendment now but work on it in the longer term. I am sure we could all find ways of improving it. The easiest and most honourable thing is to transpose what was in the treaty and move that wording over, then move on to something better for the longer term. I agree with my noble friend.

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

My Lords, this has been an excellent debate and I thank all noble Lords who have contributed to it. I start by directly addressing the question put by the noble Baroness, Lady Bakewell, the noble Lords, Lord Wigley and Lord Davies, my noble friend Lord Bowness and others. There is no question but that this Government regard animals as sentient beings. As we said on this issue in the other place, we certainly agree with the sentiment of the amendments, such as that of the noble Baroness, Lady Jones of Moulsecoomb. However, as I will set out, we cannot support them.

Article 13 of the Treaty on the Functioning of the European Union, to which many noble Lords have referred, places an obligation on the European Union and EU member states when formulating and implementing certain EU policies to have regard to the welfare requirements of animals because animals are sentient beings. However, the weakness of that article—this relates directly to my noble friend Lord Deben’s point—is that it applies only to a limited number of EU policy areas and, even then, allows for certain religious and cultural traditions which many would consider to be cruel. Two examples, of course, are bull-fighting and the production of foie gras. Article 13’s effect on domestic law is minimal. As the Secretary of State for the Environment has made clear, as we leave the EU, we believe that we can do much better.

We have made it clear that we intend to retain our existing standards of animal welfare once we have left the EU, and, indeed, to enhance them. This Bill will convert the existing body of EU animal welfare law into UK law. It will make sure that the same protections are in place in the UK and that laws still function effectively after we leave the EU. However, the purpose of this Bill is to provide continuity by addressing any deficiencies in law as we leave the EU. It is not about improving EU laws that the Government think could be better. That is why, at the end of last year, the Government published draft legislation, the Animal Welfare (Sentencing and Recognition of Sentience) Bill, to which a number of noble Lords have referred. The draft Bill sets out how we can better enshrine in domestic law the recognition of animals as sentient beings.

Let me reply to the questions asked by my noble friend Lord Bowness and the noble Baroness, Lady Jones. The Secretary of State for the Environment has been clear that we will legislate and that there will be no gap left in our law on sentience after we leave the EU. We believe that the draft Bill is a significant improvement on Article 13, imposing a clear duty on the state to have regard for animal welfare when considering all policies, rather than just the six areas outlined in Article 13.