Retained EU Law (Revocation and Reform) Bill

Baroness Lawlor Excerpts

Committee stage
Tuesday 28th February 2023 Lords Chamber

[The Duke of Wellington (CB)]

My Lords, I apologise to the House that I was not able to speak at Second Reading as I could not be sure of arriving in time on that day, and that last week I was in Madrid on a parliamentary delegation and therefore missed the first day in Committee. I now wish to speak to Amendments 11 and 12, which I would happily have signed. I repeat the gratitude we all feel to the Minister, the noble Lord, Lord Benyon, for being present today. The previous debate would, I am sure, have been helped enormously by the presence of a Minister from the Department for Transport. However, we do have the noble Lord, Lord Benyon, and we all recognise his commitment to the environment and strong credentials in this area.

I suspect that the debate on this group could have been avoided if, at the very beginning, the noble Lord, Lord Benyon, had simply announced that all these directives would be retained. I was one of those who attended the briefing session yesterday afternoon, where he began by saying that his default position was indeed to retain. If that is true of all the different directives referred to in these amendments—Amendments 10, 11, 12 and 37—there is no need for us to be discussing them this afternoon. However, I fear that may not be the case. If it is the case, it should be in the Bill and then we need not be concerned. If it is not the case, we really must argue very strongly for some adaptation of these directives—and indeed improvements, because the Government have repeatedly said that they wish to improve and not reduce environmental protection.

Specifically on the bathing water regulations, for example, I seem to remember that Britain was rather embarrassed, many years ago, to be told by the EU that the state of our beaches made them some of the worst in Europe. That came from the EU and then public opinion became more interested in the subject, and indeed was very supportive of any attempts to improve the state of our beaches. Yet we find repeatedly —it is still going on—that sewage is discharged into coastal waters on and around our beaches. It is a complete disgrace and I would be worried that repealing the bathing water regulations would, in some way, weaken the determination of the Government to clean up our beaches. I genuinely believe that the Minister does wish to clean them up; therefore, why would we possibly repeal the bathing water regulations?

Similarly, on Amendment 12 about the water frame- work directive, we have had many debates in this House on our aquatic environment. There was a very strong feeling across the whole House that we had to tighten up all the regulations about sewage discharges. That was supported by the public in an extraordinary way. Again, I would be worried—maybe the Minister can reassure me—that repealing the water framework directive could, in an unintended way, weaken the determination of the Government and regulators to put a stop to discharges of sewage on to beaches and into our rivers.

Finally, on Amendment 37 I commend the noble Baroness, Lady Hayman, on drawing up this list; I am sure she did it with expertise and knowledge far greater than my own. Looking at the list, I am very much of the view that there are some important regulations on it. I cannot possibly imagine why we would, for example, repeal the urban wastewater treatment directive. However, I look forward to the Minister telling me that my concerns are unfounded. I therefore hope that, in winding up this section of the debate, the Minister will be able to confirm that all the various directives referred to in this group will be retained or improved.

[Baroness Lawlor (Con)]

My Lords, I am grateful to noble Lords for raising some of these important subjects, which we must think about very carefully. I do not share the assumption that divergence necessarily is for the worse; it can be for the better. I am not entirely sure that the EU regulations now in place are necessarily the best for the jobs they intend to do.

I will take one example from the many that noble Lords have raised. I share concerns on the protection of wild birds, habitats, wild mammals and clean bathing water, but I ask your Lordships’ Committee whether it is really the case that these regulations work as we all wish they would. In the country with which I am most familiar, our nearest neighbour, I am constantly very disappointed to see the sale of wild birds in cages—and, even worse, some wild mammals—to the pet market.

Where I differ from many in your Lordships’ Committee is that I believe the laws protecting these matters are shaped by the people of this country and the culture. I have no evidence because I have never seen caged wild birds on open sale in pet shops here, but I do not believe that the people of this country would tolerate such a thing. They will be responsible for making the laws of this country. I have every confidence that, where the laws do not work in other countries, such as our neighbours—countries I have a great respect for in many other areas—the people of this country will do well by the wildlife that they believe they are custodians of.

[Lord Trees (CB)]

My Lords, I am particularly interested in and concerned about several regulations on animal welfare cited in Amendment 37. I seek clarity from His Majesty’s Government on their intentions regarding these. I welcome and thank the Minister, the noble Lord, Lord Benyon, for his presence. I welcome his clarification in the briefing—sadly, I was not able to attend—that retention would be the default position. I am sure he will forgive me for probing and asking for a bit more detail on some of the key regulations.

The first thing I will highlight is REACH, mentioned by the noble Baronesses, Lady Parminter and Lady Hayman, which protects us all from potential toxicity in chemicals to which we might be exposed, and which involves animal testing. I can accept that in some circumstances it may be necessary to use animals, but it must always be justified and we must minimise animal use as much as possible. Will His Majesty’s Government keep the REACH regulations or their equivalent? If so, will they ensure that there is mutual recognition between the UK and the EU of animal testing protocols and data sharing to avoid the duplication of animal testing, which would be seriously detrimental to animal welfare and a serious impediment and financial burden to industry trading in chemicals?