Brexit: Environmental Regulation

Baroness McIntosh of Pickering Excerpts
Monday 4th November 2019

(5 years ago)

Lords Chamber
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Asked by
Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering
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To ask Her Majesty’s Government what will be the arrangements for environmental protection and upholding environmental standards between the date of the United Kingdom leaving the European Union and the establishment of any new environmental regulation regime.

Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
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My Lords, the European Union (Withdrawal) Act 2018 and secondary legislation will bring existing EU environmental law into domestic law so that it continues to operate after exit. We will enhance standards through the world-leading Environment Bill and the office for environmental protection, the OEP. Our intention is for the OEP to be operational from 1 January 2021. Before that, we will remain subject to EU oversight during the transitional period in the withdrawal agreement until 31 December 2020.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I am most grateful to my noble friend for that Answer. There is concern that the level of “appropriate” standards has been reduced to “adequate” standards in the revised EU withdrawal legislation. Can my noble friend put my mind—and the minds of environmentalists at large—at rest that that will not mean a reduction of standards and that the Government are committed to keeping the highest possible level of environmental standards and protection? What will the compliance mechanism be in the interim period before the OEP is legally given effect?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, as I said, the interim arrangements would not apply under the description of events that I have, which is that we bring forward a deal, that deal is agreed and there is a withdrawal Act. As my noble friend said, that legislation is very important, and I am sure that during its passage it will be made absolutely clear that we intend to champion the environment. We want the highest possible standards and understand that the situation is grave. As to “adequate” and other measures, I am not a lawyer but I can only assure your Lordships that we are very determined to enhance the environment.

Farm Subsidies

Baroness McIntosh of Pickering Excerpts
Wednesday 30th October 2019

(5 years ago)

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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I have said from this Dispatch Box, with what I hope noble Lords will understand is every sincerity, that we have no intention of changing environmental and animal welfare standards. It is absolutely the case that we have taken on to our statute book every single protection there is already through our membership of the EU and that is where we are going to proceed from. I have also said that under the new arrangements, we will support farmers to enhance animal welfare. We do not propose to preside over a reduction in animal welfare.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, will my noble friend rule out any importation of battery hens or eggs that are produced in battery cages? Will he also consider extremely carefully the implications for pig farmers of banning farrowing crates, bearing in mind that many of them went out of business in the 1990s when a previous Conservative Government introduced the sow stall and tether ban? Further, will he make a commitment to livestock producers that we will keep under close review the future of the live trade in farm animals?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, there has always been a tradition of transporting live animals for breeding and other matters that we have done with our great stock over many years, but we are concerned about transport arrangements and about moving animals for slaughter away from our shores. These are matters that we will be attending to. We will be working with the Farm Animal Welfare Committee, as well as industry, retailers and welfare groups, to develop proposals on enhancing farm welfare standards because we think that the British farmer has a very good reputation that we wish to enhance.

Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts
Wednesday 16th October 2019

(5 years, 1 month ago)

Grand Committee
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The whole purpose of these instruments is to provide continuity. I beg to move.
Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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I thank my noble friend for so eloquently and comprehensively speaking to this group of statutory instruments, which appear technical in nature, as he said. I have a couple of questions rather than comments.

My noble friend mentioned the exchange rate that was used. Is it set in stone or kept under review? Have his department or the Treasury taken a view about the impact on the farming community of the difference between the exchange rate used for these purposes and the general exchange rate, which we know has fluctuated wildly since the date of the EU referendum? Will it be kept under review going forward?

My second question was raised in the House of Commons in relation to one of this group of SIs. It is generally understood that the department will pursue the principle of recovering costs, which I presume will not be that great. Does my noble friend have any idea about at which stage they might be recovered?

My final question relates to the Import and Export Licences (Amendments etc.) (EU Exit) Regulations. I think there may be a role for export refunds. Have they been frowned upon by the EU Commission and the department, or are they something that may be considered? Or would my noble friend rule them out because he does not imagine that there would be any scope or role for export refunds in relation to this SI?

Rural Economy (Rural Economy Committee Report)

Baroness McIntosh of Pickering Excerpts
Tuesday 8th October 2019

(5 years, 1 month ago)

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Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I am delighted to participate in this debate and add my congratulations to the noble Lord, Lord Foster of Bath, and the whole committee on the excellent work and the conclusions they reached in their report. I have come to a slightly different conclusion, which is entirely complementary to the recommendations and conclusions that the committee reached. The conclusion I have reached is that most of the policies we have discussed in this debate were devised by many who enjoyed an urban upbringing, went to an urban-based university and then went into one of the main departments of state. One tweak to the report that does not encompass just the work of Defra could be that any new civil servant and government official who commences working for the Government should spend three months embedded in a rural environment, going round and experiencing at first hand how the policies they are going to implement will impact on the rural economy.

Why did I reach that conclusion? I grew up in the Pennines. I worked for a number of years as an MEP. In fact, I was my noble friend Lord Haselhurst’s MEP; he was my MP. More recently, I spent years in North Yorkshire as a local MP. I was also educated in Harrogate. I was sorry to hear how few shops there are in Harrogate and ashamed to remember how much I enjoyed visiting them as a schoolgirl, which I was not meant to do during school hours.

I will declare other interests. I was privileged to serve as chairman of the Defra committee in the other place. I am currently patron of the Institute of Agricultural Secretaries and Administrators. I sit on the Rural Affairs Group of the Church of England. I am an honorary associate fellow of the British Veterinary Association and an honorary president of the Huby and Sutton agricultural show. Part of the work that I undertake outside is working for the Dispensing Doctors’ Association. My father and brother were both dispensing doctors in their time. This is one area that goes to the heart of how those in the Department of Health and Social Care fail to understand the role of dispensing doctors and pharmacies in rural areas, as opposed to those who work in urban areas. We just need to look— as has been rehearsed this afternoon—at how delivering healthcare in rural areas is more expensive: running ambulances is more expensive, and obviously it is more challenging for patients to reach their GP and hospital appointments. If they do not have a car, they have to rely on neighbours or very erratic bus services.

However, what the Government often seek to do is almost cut the money in primary healthcare in favour of secondary healthcare, which is normally delivered in an urban area. How many times do people now go to hospital as an emergency rather than having a GP appointment because it takes three weeks to get a GP appointment, both in rural and urban areas?

So I hope that the Government might reverse their priorities and look to give more funds to delivering healthcare in rural areas through dispensing doctors, because they are the first line of patient care. If we fail the dispensing GPs and reduce their resources, it will make life more difficult for hospitals. The number of closures of community hospitals has, again, had an impact on acute hospitals, because there is nowhere else for people to go to recover after an operation or stroke—which is one of the roles of community healthcare.

To me, the heart of a rural economy is the farm and rural businesses, among which farms are obviously pre-eminent. Then there is the mart, where animals and livestock are taken. North Yorkshire is one of the excellent livestock production parts of the country. If farmers are doing well, market towns will do well. I see marts as having both an economic and a social function. When we had the foot and mouth crisis, to which the noble Earl, Lord Devon, referred, farmers could no longer go to the mart—and that was where churches in rural parts of North Yorkshire came into their own, because they were able to assemble farmers and their families on a Sunday for a form of worship.

The farmers are coming under unprecedented pressure, because we know that European Union funds will go. We do not know whether they will go at the next election, which is imminent, or will be phased out from 2020 over a seven-year period. I do know that the North Yorkshire Moors National Park has benefited to the tune of £2.3 million under the LEADER programme, which has had to be wound up early because we are leaving the European Union. It helped create 54 jobs and 69 businesses, attracted 65,000 more visitors to the park and aided more than 6,000 rural residents in the park. Some £138 million across the whole of England has benefited rural areas through the European Agricultural Fund for Rural Development.

The point has to be made: if we are taking access to direct payments and countryside stewardship schemes away from farmers and are going to have environmental schemes, ELMs, which have not been trialled and tested—we do not know what they will look like and the farmers do not know what criteria they will have to meet—we have to be aware that the only people who will benefit from many of the environmental benefits such as planting trees and creating bogs and dams will be the owners of the land.

In this country we have a long tradition, not understood in the rest of Europe, of tenant farmers. Particularly in North Yorkshire, County Durham, Northumbria and other parts, tenant farmers are graziers on common land. I urge the department, through my noble friend the Minister, to have particular regard to the future of these graziers on common land—tenant farmers and those who do not own the land but nevertheless look after it. I also hope we will look to increase food production to make sure we remain mindful of food security and, if anything, become more self-sufficient.

I have reached the conclusion I have because all rural services are intertwined: access to rural transport, affordable homes, rural schools, the health service, good communications—both broadband and mobile phone coverage, which is woeful and dangerous in parts of North Yorkshire—and, as others have mentioned, access to a post office, bank, community shop and the local church. It is obvious that many across government departments do not understand rural areas. I make this plea: perhaps a three-month period at the start of a new person taking up a role will enable them to understand rural life and the rural economy better.

US-imposed Trade Tariffs

Baroness McIntosh of Pickering Excerpts
Monday 7th October 2019

(5 years, 1 month ago)

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, as I have said, we are working with the EU. This issue concerns tariffs imposed on the EU, and we are part of the Airbus quad that I have been learning about. We are working very strongly with our EU friends and partners, in working with our American friends and partners, on something that we in this country do not think is beneficial for American trading interests or our own. Whatever our status—whether a member of the EU or not—we are clear that we do not believe that this is right or beneficial. If we have left, we will also be saying that this is not a basis on which we should be working. These tariffs are not beneficial to the EU, the UK or the third party in this, the United States.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, does my noble friend agree that, according to the figures from the Food and Drink Federation, Scotch whisky is the single most successful export across the world? Is he not as concerned as I am that the US seems to have chosen to pick on UK brands such as Bushmills from Northern Ireland and Scotch whisky? Why has it not been extended to products from another Airbus nation, such as French champagne or brandy? Does the Minister share my concern that this does not augur well for our future trade relations after the UK leaves the EU?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, my understanding is that tariffs will be levied on the Airbus nations and the EU. The data shows me that 38% of French trade is directly targeted, compared to 10% of ours. These tariffs will affect the EU as well. My noble friend is right—to repeat it and put it on the record—that Scotch whisky is the UK’s largest agrifood export, at £4.7 billion in 2018. It is the largest contributor to the UK’s balance of trade in goods and, thinking of Scotland, it provides 7,000 rural jobs and 11,000 in total. It is very important to Scotland.

Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts
Monday 7th October 2019

(5 years, 1 month ago)

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Duke of Montrose Portrait The Duke of Montrose (Con)
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My Lords, I declare an interest as a farmer. As somebody who has lived a long time in the farming industry and who was a spokesman for the sheep industry, I am glad that the two opposition spokespeople raised the question of this great uncertainty and the agricultural industry’s reliance on imports and exports. We want to have everything right.

I think most of us find it very difficult to follow exactly what is likely to go on in the weeks ahead. Focusing on the Benn Act is not the full story, because presumably there could be a settlement before we get to the end, or the EU might offer some changes, and we would like to be sure that our legislation is fully up to date. So the farming industry will be extremely grateful to the Government for taking all precautions. Churning out this legislation in the event that something might happen is becoming a bit of a habit. At the same time, the farming industry would be very unhappy if a loophole were left that might surprise us.

I am very interested that we have up-to-date legislation on spongiform encephalopathies, because we are very much bound by what the EU has said on that. At the same time, the sheep industry is being rather hamstrung, in that it has its own encephalopathy, which has caused the fact that all sheep exported have to be split down the middle and the spinal cord removed. This is putting quite a lot of extra cost on to exports at the moment. The EU is moving towards removing this requirement and we would like to be kept fully up to date on that element. So I support the Government in their efforts on this matter.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I thank the Minister and the department for bringing forward these statutory instruments. I also thank the House of Lords Secondary Legislation Scrutiny Committee for its work in preparing for today’s debate. As regards the amendment, I think the whole House will accept that it is not the wish of the farming industry, any rural business, or any business or individual or family, that we crash out of the European Union without a deal. However, I do not think this is the occasion when we should be pressing this forward, and I hope it will not come to that.

I have three or four specific questions. A number of noble Lords have spoken today about the ban on free movement and alternative arrangements to TRACES. When this was raised in the House of Lords Secondary Legislation Scrutiny Committee, the department said that,

“a pre-final version of the UK’s new ‘Import of products, animals, food and feed system’ went live on 30 September”.

When will the final version be introduced and when will it be operational and trialled to make sure that it works seamlessly on 1 November, if required?

Under the new procedures which require the issuing of certificates, as I understand it, I have a particular question in the context of Northern Ireland’s exports to southern Ireland. In the absence of the Stormont Assembly, which bodies have been consulted by the department to make sure that Northern Ireland industry and Northern Ireland-equivalent producers are satisfied that the requirements are in place? According to the Northern Ireland DAERA office, 18,000 certificates a year are issued, which potentially could rise to 1.9 million or more. Can the Minister assure the House today that there will be the capacity to issue the increased number of certificates that will be required in view of the fact that we will be listed as a third country—or will we be covered by any arrangements? Obviously, we do not know what the final arrangements will be.

My particular question to the Minister is whether there will be a sufficient number of vets or alternative qualified officials to process and issue these certificates. Reading the Irish press last Thursday, it appeared to me that there was grave concern that there are not enough vets, not just in the whole of the UK but particularly to address the issue in Northern Ireland.

Will the Minister outline the arrangements that were announced in a consultation for ending the transport of live animals when the United Kingdom leaves the European Union? I accept that the Secretary of State, representing Chipping Barnet, as she does, will not have been exposed to many suckler cows or spring lambs. However, she must be aware, as the department alludes to in these two statutory instruments, that many of these movements of live animals are for purposes other than for slaughter, such as breeding, showing et cetera. Even when spring lambs are exported from the north of England, Scotland, Wales and, I imagine, Northern Ireland as well, for example, to France, this is a very limited trade. For every live animal that is transported, it used to be said that there were seven in carcass form—I have been unable to get the up-to-date figures.

--- Later in debate ---
My noble friend Lady McIntosh of Pickering raised the issue of sufficient capacity to handle additional inspections of imports. The only additional inspections will apply to products of animal origin that originate from a third country. Port health authorities are able to meet the extra demand with existing food inspectors. We have made a decision that, on the basis that the EU has high standards and that we are adopting those standards, we are not proposing, on day one, to bring forward checks that would be unnecessary at this time. In future years, we will judge what is best based on the scientific and veterinary advice. That is why the port health authorities think that, in the circumstances, the additional inspections relating to third countries are sufficient.
Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering
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The thrust of the outcry in the Irish press was that, if we have no deal, imports from southern Ireland into Northern Ireland will be deemed to be from a third country. That is why they have evaluated that they will need 1.9 million certificates or, potentially, inspections. That raises the question of where such inspections would take place.

Peatlands: Commercial Exploitation

Baroness McIntosh of Pickering Excerpts
Monday 9th September 2019

(5 years, 2 months ago)

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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As an amateur gardener, I agree with what the noble Baroness has said. It is precisely why we have embarked on a £1 million project, which ends at the end of this year, co-funded by the Agriculture and Horticulture Development Board, with growing-medium manufacturers and commercial growers. It is being undertaken by ADAS and the Quadram Institute. The results so far are very promising. Some of the new mixes have proved very successful, and that must be the way forward. Clearly, we need to produce different materials if we want ericaceous compost for seeds and all the different components of agriculture, but the results so far are promising, and that is how we must proceed.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, will my noble friend perhaps display a greater sense of urgency, considering that it takes 200 years to create a peat bog? Since there are flood prevention schemes, such as the Pickering pilot scheme, will the Government ensure that peat bogs are created as part of such restoration schemes and will they form part of the land management system under the eventual agriculture Bill?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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Undoubtedly, peat bogs and fens help with flood management and improve water quality. Indeed, they play a considerable part in climate regulation, which is why in the wider research beyond what I have already described we are funding research into mitigation strategies—for instance, for lowland peatland. This research is being led by the Centre for Ecology & Hydrology. One of the things, of course, is not to let peat dry out.

Brexit: Food Standards

Baroness McIntosh of Pickering Excerpts
Wednesday 4th September 2019

(5 years, 2 months ago)

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, perhaps I am the one who is confused. I have made it absolutely clear that all the EU import requirements will remain, irrespective of the tariff regime. The noble Lord shakes his head but that is the truth. It will be the law. All the EU import requirements will continue and that is the precise point I am making. This is why the consumer is secure. All of these elements cannot be imported unless they have the standards currently in place.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, my noble friend will recall that a government amendment in the name of my noble friend Lady Fairhead was carried enhancing just these protections in the Trade Bill, which is currently still before the House of Commons. What is the fate of that Bill for rollover agreements? If it falls, will the Government be minded to ensure that this will be part of government policy?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, the first part of my noble friend’s question might be above my pay grade, but I am absolutely clear—this is government policy—that all the requirements we are taking over will continue, including, as I emphasised, all the import requirements, whether for products of animal origin or high-risk, non-animal origin products. I have a long list of them. That is precisely why I believe we will continue with our very high standards.

Biodiversity Duty: Public Authorities

Baroness McIntosh of Pickering Excerpts
Monday 22nd July 2019

(5 years, 4 months ago)

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, the environment Bill—obviously, this is a second Session piece of legislation—is designed to plot a course precisely to restore and enhance nature and the environment and to do many other things but particularly to introduce a pioneering new system of green governance. It is clearly essential that we enhance nature. That is why species such as the chough and the bittern are recovering and there are a number of reintroductions, such as the short-haired bumble bee. We are working on a number of species, but we need to improve habitats across the board.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, does my noble friend agree that ash tree dieback has caused great devastation to self-planting trees? Many of them are on property owned by local authorities. Will my noble friend confirm that it will be a biodiversity duty of local authorities to remove such trees, and has his department made an estimate of the cost of such removal?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, my noble friend is right to highlight the biodiversity costs of losing ash trees. It is why, with research, we have found the most tolerant strains. We will be planting a large plantation of the most tolerant strains next year so that we can ensure that ash retains its important part in our ecosystems. We have also produced a toolkit and we are working with local authorities as, clearly, not only is health and safety involved but we want to ensure that the most tolerant trees are conserved. A lot of work is being done on that. For instance, I commend Devon County Council for its policy that, for every tree that is felled, three are being planted. That is a message for everyone.

Soil Health

Baroness McIntosh of Pickering Excerpts
Monday 8th July 2019

(5 years, 4 months ago)

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, as I just said, one of the research projects is undertaking to have indicators and a framework. Good soil health provides a public benefit. It obviously provides a private benefit to farmers and food producers, but it also produces a very considerable benefit for public good. That is why it is important for it to be part of the testing and trials of the environmental land management scheme.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, does my noble friend agree that some of the healthiest soil is that created by a peat bog? Will he pay tribute to those who were alive to the Slowing the Flow at Pickering flood prevention project, part of which was to create a peat bog, which can take up to 200 years to form. Are the Government planning to create more peat bogs as part of the public good, to be announced in due course?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, as part of the England Peat Strategy, and the research we are undertaking feeding into it, we are also establishing a lowland agricultural peat task force. The Adaptation Sub-Committee of the Committee on Climate Change has suggested that there is a loss of peat soils, particularly in the East Anglian fens—where there is big production of food—but I also commend Slowing the Flow at Pickering, another example of what we do in restoring the natural ecosystem and managing flooding.