Environmental Targets (Residual Waste) (England) Regulations 2022

Baroness McIntosh of Pickering Excerpts

Tuesday 24th January 2023 Grand Committee

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, we want to make more of our precious resources. As it is, we produce too much waste. Recycling rates for households have stagnated at around 45% for many years, and although we have made significant strides towards reducing our reliance on landfill, we lose far too many valuable materials to incineration.

The purpose of this instrument is to reduce dramatically the amount of these valuable materials we bury or burn. There are several ways to achieve this. We want to reduce waste being produced in the first place, and we can do this by making products last longer, designing them for repair and, of course, in the case of food, driving less wasteful practices. We must also redouble our efforts to maximise what we recycle so that materials can be used again and again in the productive economy.

We will embark on our target pathway by delivering on our commitments to implement the collection and packaging reforms. These include introducing consistent household and business recycling collections in England, extended producer responsibility for packaging and a deposit return scheme for drinks containers, for which we announced the next steps last Friday. Such measures reduce the pressure we place on our precious environment in what we extract, manufacture and then treat as waste.

It is an Environment Act requirement to set in secondary legislation at least one target in the priority area of resource efficiency and waste reduction. Five years ago, the 25-year environment plan committed to work towards the elimination of avoidable waste by 2050. This instrument puts us on the pathway to delivering this commitment by reducing the amount of waste we produce and facilitating more recycling. It enshrines in legislation our commitment to deliver our highly ambitious resources and waste strategy. The core purpose of the strategy is to maximise the value of our resources and minimise the environmental impact of our waste.

I turn now to the details of the instrument. It places a requirement on government to halve the amount of residual waste we produce to 287 kilograms per capita by 2042. This is a fall from the 574 kilograms per capita measured in 2019. We define residual waste as waste that originated in England that is sent to landfill, put through incineration, used in energy recovery in the UK or sent overseas for energy recovery.

We exclude major mineral wastes from our targets, such as concrete, bricks, sand and soil. They are largely inert when treated as waste. We exclude them to focus attention on materials where the environmental impact per tonne of waste treatment is greatest, such as landfilling biodegradable materials or incinerating plastic.

Our target takes a holistic perspective of waste, incorporating a broad range of materials, including plastics. This approach guards against the risk that a target could be reached simply by switching from one material to another environmentally harmful material type. Our target ensures that waste is reduced overall.

We recognise from the consultation a desire to see an additional target that reduces material resource use and improves productivity. We have actively researched this and made large strides forward in our knowledge, but the Secretary of State cannot yet set a long-term target in this area and be satisfied that it is achievable, which the Environment Act requires. We will continue in our efforts to make progress here, working closely with our colleagues in BEIS.

In conclusion, this target to halve residual waste is a crucial legal mechanism to drive materials up the waste hierarchy so we make the best and most productive use of them. It is ambitious. It enshrines in legislation our ambitions in the 25-year environment plan to minimise waste and ensures that we deliver our resources and waste strategy commitments. I beg to move.

[Baroness McIntosh of Pickering (Con)]

I thank my noble friend for presenting the SI and the updated targets this afternoon; they are very helpful indeed. I am just trying to get my head around the government policy.

I accept that I am not completely up to date but, at the time when I left as the MP for Thirsk and Malton, we were selling quite a lot of waste to Holland and paying for it to be transported there. It was waste from North Yorkshire and the City of York, which, as my noble friend said, is the hardest waste to get rid of because it is often timber, window frames and all the itemised materials that he stated. It seemed a huge waste of resource. One reason we did that was because the landfill sites in North Yorkshire were already either full or about to become full.

The reason we exported the waste to Holland was because there was a ready market there for—what is the terminology? My noble friend referred to incineration, which is, of course, a red rag to a bull for many areas of Britain because they think of chimneys and smoke coming out of them. In fact, I am a big proponent of energy from waste. It seems to fall between two stools. My understanding of the Energy Security Bill going through Parliament at the moment is that the Government are looking favourably on energy heat networks; perhaps the old-fashioned term is “energy from waste”. Why are we not recognising energy from waste or energy heat networks as a form whereby we create two streams: we dispose of waste that is difficult to get rid of, as my noble friend said, and create an energy strand? Is that something the Government would look favourably on?

With those few remarks, I approve of this statutory instrument.

[Lord Watson of Wyre Forest (Lab)]

My Lords, I hope that I am conducting myself in a way that is considered normal, if I can describe it as that. It is back to mineral extraction for the Minister. He said that the mineral waste extraction target was removed from these targets on the grounds that it is largely inert. In essence, my concern is for export-led growth and security of supply. It seems to me that this country has an opportunity in areas such as electric automotive to be a world leader, which is why the market is looking at mineral extraction for lithium and at reopening mines.

I have read the response that the department is still trying to work out the best way to assess a baseline, but it seems to me that if we are going to extract minerals, we need some kind of public buy-in in that process. A proper baseline and some kind of reassurance on its measurement seems pretty urgent to me. In its response to the Secondary Legislation Scrutiny Committee, Defra said that it was still considering the evidence and how best to present that information. Perhaps the Minister could suggest how he might approach that, given the concerns raised in the various submissions to that committee. Can he give some reassurance to those communities that are considering whether to support people who seek to extract minerals in their community?

Environmental Targets (Water) (England) Regulations 2022

Baroness McIntosh of Pickering Excerpts

Monday 23rd January 2023 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I agree with every word—

[Baroness McIntosh of Pickering (Con)]

My Lords—

[Baroness Jones of Moulsecoomb (GP)]

Why should I give way?

[Baroness McIntosh of Pickering (Con)]

Because that is the way it goes. I thank the noble Baroness for giving way.

[Lord Harlech (Con)]

My Lords, it is the turn of this side. There will be time for everyone to contribute.

[Baroness Jones of Moulsecoomb (GP)]

I deeply resent that.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to the noble Baroness for giving way. On the environment, we agree on so much.

[Baroness Jones of Moulsecoomb (GP)]

I am not giving way; I am being bullied.

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome this debate as it enables us to consider where we are with the state of our rivers and seas. I pay tribute to my noble friend and congratulate him on the work he has done since we were on the Front Bench together—albeit in opposition—and the interest he has shown and the knowledge he brings to this area. I will make two brief points.

There is disagreement over why our rivers and seas are being polluted by sewage. I argue that one of the reasons is that we are building 300,000 houses a year—that is our aspiration and that of, I think, the Opposition Front Bench. There is nowhere for the sewage to go. At the moment, highways are excluded from the surface water run-off, which is compounding this, as was identified by Pitt in 2007. Surface water run-off is a relatively new phenomenon and it is combining with the combined sewers. That is adding sewage to our rivers upstream, way before it gets into the sea.

I welcome this opportunity strongly to urge my noble friend to respond urgently to the report into the review on SUDS. It has recommended that sustainable drains be added, exactly as they have been in Wales. I can see no reason to delay this, for the simple reason that, as the noble Baroness opposite said, we cannot accept this extra form of pollution: surface-water flooding into our rivers and seas. So I ask my noble friend to bring forward as a matter of urgency these recommendations, to ensure that there is an environmental impact assessment, that it is well costed, that highways will be added and that all new developments will be submitted to developers building sustainable drains in this regard.

My noble friend mentioned nutrients, which will cause an ongoing debate in the House. My noble friend is aware—I have registered my interest in this—that a study is taking place on the use of bioresources. Without putting too fine a point on it, we are seeking to take the solids out of the sewage—if noble Lords get my drift, without spelling it out—and, as other countries have done, recognise it as a resource, put a value on it and decide, with government advice and guidance, how it can best be used. There are two obvious ways to use it: putting it on the land, which they tried to do in north Yorkshire when I was an MP there—it got a very mixed response, but it is worth looking at—and using it to create energy, which I understand is happening in Denmark and other parts of Europe. We need to look at nutrient neutrality, as I think my noble friend called it.

Finally—I apologise to the noble Baroness opposite—when we come to the retained EU law Bill, I would like to consider why we would wish to remove the wastewater directive, the water framework directive, the drinking water directive, the bathing water directive and the urban wastewater directive when they are part of the reason why our rivers have recovered from the state they were in through the 1980s. I welcome this debate and look forward to hearing my noble friend sum up.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I hardly think it is appropriate for a government Minister to attack the people on this side of the Chamber as letting the British people down when it is we who are actually trying to protect them. We have had 13 years of Conservative Government and it has been mismanagement, incompetence and corruption almost from the start. I do not blame the Minister sitting in front of us, but the successive Cabinets at the other end have damaged the British people much more than we ever could.

I thank Ash Smith of WASP, which is Windrush Against Sewage Pollution, for a briefing on these targets. Essentially, telling water companies that 2038 and 2040 are appropriate targets is absolutely ridiculous. It means they can sit back on their hands and relax. I am curious to know whether the Government think that if they set the targets too high, the water companies will not make any money and go bust and then we will have to nationalise them—which sounds like quite a good result to me.

As of this morning, Fairford sewage treatment works has been dumping sewage into the River Colne for a total of 745 hours continuously since 23 December last year. I am curious to know what action the Government are taking about that. Is that the storm overflows that the Minister was referring to? Because, of course, storm overflows are not storm overflows, they are constant overflows. This is not a storm overflow, so are the Government doing anything about it?

The Government has a target of reducing phosphorous by 80% by 2037, because the current excesses lead to algae bloom, cut oxygen and kill rivers. It is used by water companies to mitigate harmful lead pipe impact. That is because, of course, they have not updated their pipes over the past 20 or 30 years. Feargal Sharkey, who we all know, suggested that I take the example of Amwell Magna Fishery, as it regularly has phosphorous readings way up in the death zone; even if the readings were reduced by 80%, we would still end up with a level of phosphorous that was poisoning the river.

I also point out that the Government have used different base years. I do not understand why. They have used 2018 and 2020: why use two different baselines? Is that because in those years the spillages were very high and so 80% of a huge amount is not a particularly difficult target? I would really like an answer to that. In order to recover the health of the Amwell Magna Fishery and the river there, something like a 95% reduction would be needed. Given that 60% to 80% of phosphorous comes from sewage, I cannot see that even these inadequate targets are going to be met.

I very much want to know why the Government have used different base years. There must be a reason. And what about untreated sewage dumping? What is happening about that? I did not see this mentioned. Is phosphorous measured at every sewage outfall, and is it measured seasonally? Of course, it varies with the seasons, and it varies throughout the day. Could the Minister explain that a little bit? What about nitrogen from sewage works? Why is that not mentioned? We know that many sewage works discharge large amounts of effluent with very high levels of nitrates.

Other countries have reduced ammonia from agricultural runoff using simple measures. For example, Holland have been covering its slurry pits. I do not know exactly how it works, but there is some capital input and they have had extremely good results. Why are we not doing something similar? Also, why is there no overall target for water quality after 2027? If the Government are committed to supplying water, would a standpipe cover the point about the amount of water supply by water undertaken per person? Would a standpipe come into that definition?

The only way to get clean rivers and a clean water supply is to accept high standards and monitor them, and to have an Environment Agency that does not have its budget slashed all the time and is actually competent to do the work. Personally, I would of course like to see water companies taken back into public ownership. It is absolutely ludicrous that we let profit-making companies make a profit from something we all so desperately need.

National Parks

Baroness McIntosh of Pickering Excerpts

Wednesday 18th January 2023 Lords Chamber

[Lord Benyon (Con)]

I entirely agree with the noble Earl about the value that our protected landscapes bring to our policies, not only on climate mitigation but on reversing the tragic decline in species. We have increased spending on areas of outstanding natural beauty by 15% this year. I concede that inflationary pressures are challenging for all protected landscapes but I urge him to look at the other areas of funding that we are providing. As I mentioned earlier, the Farming in Protected Landscapes programme has 1,800 projects, benefiting climate and nature right across our protected landscapes. Large amounts of our £750 million Nature for Climate Fund will be spent in our protected landscapes, because that is where 60% of our peat is and where 50% of our SSSIs are. That is where the focus of that fund will go. In addition to that, we have private and blended finance that national parks are very well able to get.

[Baroness McIntosh of Pickering (Con)]

Does my noble friend accept that one of the difficulties at the moment is that the “have regard” clause is weakening the potential input that national parks might face? Could that be amended through the process of the levelling up Bill? What steps have the Government taken to lever more private funding to ensure that there are greater powers for water companies, for example, to fund nature-based solutions in future?

[Lord Benyon (Con)]

We hugely admire Julian Glover’s report and have already implemented large portions of its measures. One of those centres on governance, and that is where it will fit into our green finance strategy, which is about to be refreshed in March to bring in all the different players, and different parts of government, to make sure that we are responding to the huge potential that lies in ESG money and other offsets that can benefit our landscapes. These are the most treasured landscapes in these islands, and we want to make sure that they are getting the lion’s share of this kind of finance.

Environmental Principles Policy Statement

Baroness McIntosh of Pickering Excerpts

Monday 9th January 2023 Lords Chamber

[Lord Benyon (Con)]

I wish the noble Baroness a very happy new year and a continued position on the Benches opposite in future. We recognise the urgency of the challenges that we face, from the threats posed by climate change to the pressures on nature both at home and abroad. Defra is working at pace to deliver on this across a wide range of areas where we are trying to implement the most progressive environmental policy that this country has ever seen. Progress is being made in the area of this policy statement. We have now started the final stage of consultation with colleagues across government to ensure that all departments play their part in these policies, which will be presented to Parliament in the next few weeks.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate my noble friend on the draft environmental principles statement on the website. Can he assure us that this will extend to the commitment in the 2019 manifesto on which the Conservatives were elected that UK food will be produced to the highest environmental and animal welfare standards and that domestic food imports will also have to meet those high standards?

[Lord Benyon (Con)]

I can absolutely give that assurance; it is at the heart of the policies that we are implementing. The policy statement covers the five key principles which underpin our approach to nature, natural environment, habitat, climate change and how we feed our country sustainably.

Traffic-related Air Pollution

Baroness McIntosh of Pickering Excerpts

Wednesday 21st December 2022 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend the Minister agree that trees play an important role in improving environmental health? When might we expect the environmental improvement plan to be published? Ash dieback has had a devasting effect on many ash trees in areas owned by local councils, so has he made an estimate of the cost of removing ash trees damaged by dieback in our hedgerows and grasslands owned by local authorities?

[Lord Benyon (Con)]

I do not have a figure with which to answer my noble friend, but she is absolutely right to point out the value of trees. We have stretching targets for new woodland planting, which not only will help to reverse the declines in biodiversity and to lock up more carbon but will improve people’s health through both the air they breathe and the quality of their lives. We want to ensure that this is understood, not just by land managers but by local authorities and government departments which own a large amount of land. We want to ensure that everybody is part of the great national effort to improve our biodiversity and quality of life.

Genetic Technology (Precision Breeding) Bill

Baroness McIntosh of Pickering Excerpts

Committee stage
Monday 12th December 2022 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I rise more to inquire than to support particular amendments. I am grateful to the noble Lord, Lord Winston, for tabling his amendments. I imagine that they are probing amendments, and that is the spirit in which I wish to address them. I declare that I am an honorary associate of the British Veterinary Association, and I am grateful to it for the briefing that it has given today.

The first question I put to the Minister for my better understanding is what the difference is between cloning an animal and gene-editing an animal or animal product. I did not follow it that closely, but I was very proud that my alma mater, Edinburgh University, was the first university in the world, I understand, to clone an animal—Dolly the sheep. However, it was not entirely successful as I understand she had a very short life. Obviously, one has to ask whether the reason for her curtailed life was that she had been cloned and not produced in a normal way.

The BVA brief that I have received today states:

“Prioritisation of animal health and welfare is essential, as is the use of adequate product labelling to enable transparency and consumer choice”—


I know we will come to those amendments in a different group. In particular, the BVA states, and I support this:

“Breeding and genetic modification must be used in an ethically responsible way to improve animal health and welfare, increase efficiency, and support sustainable agriculture.”


It goes on:

“The Bill is misleading and proposing deregulation based on the incorrect premise that ‘traditional breeding’ results in characteristics which can be assumed ‘safe’, and therefore gene-edited organisms which produce the same outcome are also ‘safe’. This ignores the potential for mutations.”


The Bill has “precision breeding” in its title, but this group of amendments goes to the fact that it can never be precise, because we can never be sure of the consequences, so perhaps it should be called the “imprecise breeding” Bill.

The reason that I am tempted to support a number of amendments in this group, particularly Amendment, 1 is the very fact that it states that,

“‘directed bred organism’” means a directed bred plant or a directed bred animal.”

It is important to understand in what way that plant or animal has been directed and that there is scope for an imprecise outcome, an unexpected outcome. As the noble Lord, Lord Winston, for whom I am full of awe and praise, with his widespread knowledge and, even more, his experience, said, we could be creating something of which we cannot control the outcome. I am not saying that I stand in the way of that, but I would like better to understand what it is.

There was a news story last night about a little girl whose cancer had not been cured until they came up with a gene-editing formula. They edited genes and implanted them in her, and it looks as though she may now have a cure. However, we are at the very early stage of these procedures, as I understand it, and I believe that there is some sympathy still for the view that the European Union took, which is widely criticised in this House and the other place. Probably the reason that the European Union and its institutions overreacted was the widespread fear among consumers. I think that fear is still there. I know that the noble Baroness, Lady Jones of Whitchurch, has tabled a number of amendments which we will deal with in another group and with which I have a degree of sympathy. As I said at Second Reading, if this procedure, this form of breeding is so good, why can we not be told about it on labelling? Why should consumers have the barrier of having to go to a register? With those few remarks, I support the thinking behind some of the amendments in this group.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I apologise to the Committee for not being present at Second Reading. I had a hospital appointment and, having waited some time for it, did not want to postpone it for what could have been another three months. I did, however, watch the debate on Parliament TV and will make a short contribution.

The noble Lord, Lord Winston, made a very valuable and knowledgeable contribution in seeking clarification on the definitions within the Bill. It is important that we all understand completely what the Government mean by the various terms and what the outcomes will be, especially if there are likely to be unintended consequences. It is the role of this Chamber to ensure that there are no unintended consequences or mutations in the future, and that the quality of life for any animal so produced needs to be good. That was not the case with Dolly the sheep. It is important that the phrases used in the Bill are easily understood by those who will affected by its implementation. As the noble Lord, Lord Winston, said, the results of previous debates on GMOs received a bad press, which did the science no favours at all.

In Amendment 86, the noble Baroness, Lady Bennett of Manor Castle, also seeks clarification. She wishes the Title of the Bill to be changed so that the somewhat anodyne phrase “Precision Breeding” would be replaced by “Genome Editing”. I have sympathy with this proposed alteration, as I believe that phrase is more accurate and more likely to be easily understood by the public than “Precision Breeding”. The Bill is, after all, intended to modify and edit the genome of plants in a shorter timeframe than would normally happen. Being married to an aeronautical engineer, for me, and possibly others, a phrase such as “precision engineering” conjures up an entirely different picture than the thrust and purpose that the Bill has. I look forward to the Minister’s response to this short group of amendments, which sets the tone for the rest of our debate today.

Agricultural Holdings (Fee) Regulations 2022

Baroness McIntosh of Pickering Excerpts

Tuesday 6th December 2022 Grand Committee

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I beg to move that the draft Agricultural Holdings (Fee) Regulations 2022, which were laid before the House on 20 October, be approved. I declare my farming interests as set out in the register and point out that I am a member of the Royal Institution of Chartered Surveyors. I speak for England only. However, I highlight that we have worked closely with the Welsh Government on this instrument, and the same composite instrument was debated and approved by the Senedd on 22 November.

This Government believe in a vibrant and flourishing tenant farming sector. We believe that it is vital for the future of agriculture. A third of farmland in England is tenanted, with 14% of farms wholly tenanted and 31% of farms with a mixed tenure—that is, both owning and renting land. This variety in land tenure and the ability to rent land on a flexible basis is important as it enable tenants and owners to grow and adapt their farm businesses. It also provides a route into farming for new entrants, bringing new skills and ideas into the sector.

Many tenants and landlords work collaboratively and progressively to resolve issues that may arise during their tenancy agreement. However, sometimes, that is not possible. In those cases, our agricultural tenancy legislation enables either party to the tenancy agreement to apply to a professional authority to appoint an independent arbitrator to help resolve a dispute. It also enables the professional authorities to charge a small statutory fee to cover the administration costs of delivering an arbitration appointment service.

The current fee that can be charged for the appointment service was set in 1996 at £115. Inflation since then means that this level of fee no longer covers the costs incurred by the professional authorities in delivering the arbitration appointment service. The purpose of this instrument is to update the statutory fee on a cost recovery basis to £195 in line with His Majesty’s Treasury’s guidance, Managing Public Money. The increase was supported by 73% of the respondents to the Government’s consultation on this issue.

Although I recognise that this increases costs for tenants and landlords, it remains a relatively small statutory fee that is necessary to sustain the continued delivery of an important independent appointment service. The costs of running the service include staff time to assess each application for the arbitration skills and knowledge required to make a relevant match with a suitably qualified arbitrator, as well as conducting the necessary checks for any conflicts of interest to ensure independence.

This instrument also updates the regulations in line with changes we made in the Agriculture Act 2020 to include a wider list of professional authorities that can now offer an arbitration appointment service. This now includes the president of the Central Association for Agricultural Valuers and the chair of the Agricultural Law Association, alongside the president of the Royal Institution of Chartered Surveyors. This means that tenants and landlords now have more choice between different service providers, which will help to drive continuous improvement in the provision of an efficient and quality service.

In addition, this instrument includes a new duty to review the regulations every five years. Reviews will be carried out in consultation with industry to check that the level of the statutory fee is appropriate and in line with cost-recovery principles.

I am aware of the recently published report on tenant farming led by my noble friend Lady Rock. It includes recommendations on the operation and oversight of dispute resolution. I thank my noble friend and members of the working group for producing this report. I welcome it and its focus on supporting a vibrant tenanted sector. The Government are considering its recommendations and will publish a formal response in due course.

I also highlight that the professional authorities delivering arbitration appointments have responded positively and proactively to requests for improvements. For example, the Royal Institution of Chartered Surveyors is in the process of implementing the recommendations made in the recent review by the noble Lord, Lord Bichard, to improve governance structures, deliver greater independence of its regulatory functions and focus on its public interest remit. In addition, the professional authorities delivering arbitration appointment services have transparent and high standards of professional conduct that they expect their arbitrators to comply with.

I hope I have assured noble Lords of the need for this instrument, which will ensure that tenant farmers and landlords continue to have access to the appointment of an independent arbitrator when they need it, funded by an appropriate statutory fee on a cost-recovery basis. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome the content of these regulations and thank my noble friend for presenting them. I pay tribute to the work of my noble friend Lady Rock and all those who contributed to the review that she conducted.

It is a little disappointing that my noble friend says that we will have a response only “in due course”. We owe it to the tenanted sector to have a response in real time and a date when that might be due. I regret that I cannot remember whether it is Agricultural Holdings Act 1986 tenancies that are for one year only or more, but I know that the Tenant Farmers Association has expressed concern that where a tenancy agreement is for only three or five years, it is simply not long enough for tenant farmers to make the required investment.

This is an issue very close to my heart. I grew up in an tenanted area in the Pennines where there are smallholdings—mixed farms with not a great deal of land. At one stage my brother and I farmed two fields, but I could not stand the excitement so he now farms them in his own right. My late father is no longer there to look after all the admin for us, so my brother is in sole charge as the owner of those two fields. These smallholdings are very dependent on spring lamb and stall cattle, that is bringing young beef on and fattening them up. Marts such as at Middleton-in-Teesdale, Kirkby Stephen, Thirsk and Skipton are very dependent on this.

I argue that, if anything, there will be more call on these advisers. I accept that there has not been a review for five years. It could be argued that the fee is almost double, but I think it is a reasonable level. No one has corresponded with me to say that they will not be able to pay this.

I understand that 60% of all land in England is farmed by tenant farmers. Certainly in North Yorkshire, where I was an MP for 18 years, 48% of the farms are tenanted. This is a very big sector, so I would like to press my noble friend by asking whether the fees will cover all eventual disputes in this area. For example, will they cover potential eviction from the tenanted farm if the fee could be used to be represented in an arbitration procedure?

Similarly, the landowner may seek to take back the farmland if they wish to plant trees, for example. I know that my noble friend and the department are very keen on that but, from what we have seen in Cumbria and Wales, it is not always ideal to be taking land that has been actively farmed—particularly when our food supply chains are under pressure of being in an emergency situation, as we hear this morning, with the NFU calling on the Government to take urgent action in that regard.

My heart goes out to tenant farmers at this time. The fees proposed in this statutory instrument are affordable given the increase that the Government are seeking. I welcome the fact that there could be a five- yearly review; I think I saw that in paragraph 7.6 of the Explanatory Memorandum. Can my noble friend say in precisely which circumstances the fee would be applied and assure us that the tenants will have recourse to a professional authority in the circumstances that I outlined?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introductory remarks on this statutory instrument. The essence of the instrument is to increase the fee charged when a dispute arises around a tenancy agreement between a landlord and an agricultural tenant. This is then referred to the Agricultural Holdings Act 1986 for arbitration where the fee is charged.

I note that the requisite fee has not been increased since 1996 and agree that it is necessary to set it at a realistic level. I also agree with the regulations and, I assume, the fee being on a cost-recovery basis, to be reviewed every five years. This seems sensible. The previous fee was £115; however, the proposed fee of £195 seems to have been set in 2019 by Defra. If that fee is intended to be on a cost-recovery basis, it is already three years out of date and inflation has not stood still in the intervening years.

The consultation undertaken by Defra received a favourable response, with 73% of respondents agreeing to the update and the proposed fee. The Explanatory Memorandum refers in paragraph 12 to the impact as “a relatively small increase”. This is somewhat true in that £195 is not a huge sum but it is, nevertheless, a 70% increase on the fee previously paid. If the fee were to go up by 70% every five years and be linked on a cost-recovery basis, those involved might not be quite so keen to agree to it.

Given that some holdings will have cross-border implications, can the Minister say whether the devolved Administrations are likely to be charging the same level of fee for arbitration as England? I was not entirely sure from his remarks whether that was the case. If not, and there is a difference in fees, that would cause some problems.

Lastly, like the Minister and the noble Baroness, Lady McIntosh of Pickering, I refer to the Rock review on farm tenancy. There is evidence that in some cases the slow rollout of the sustainable farming incentive grants has led to tenants being refused permission by their landlords to apply for this scheme. This may cause an increase in the numbers coming forward for arbitration. Can the Minister tell the Committee how many cases of arbitration there were last year and how many there have been this year? Are there sufficient staff in the arbitration service to deal with increased demand, if that should prove to happen?

I believe that this is the right way forward and I support this SI.

Restriction of Hazardous Substances in Electrical and Electronic Equipment (Exemptions) (Fees) Regulations 2022

Baroness McIntosh of Pickering Excerpts

Tuesday 6th December 2022 Grand Committee

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, the regulations were laid before the House on 18 October. The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012, also known as the ROHS regulations, restrict the use of 10 substances that were commonly used in the manufacture of electrical and electronic equipment but which have now been proven to cause harm to the environment and/or human health. This is particularly the case when products become waste, with the potential for these harmful substances to be released into the environment or the workplace of those working in the waste treatment sector.

Businesses can apply for exemptions from the ROHS regulations if they need to use any of the restricted substances above the permitted threshold limits in order for products to function safely and reliably. Any such exemptions apply to the product rather than to the specific organisation that applied for the exemption. When the United Kingdom was a member of the European Union, applications for exemptions and the renewal of exemptions were submitted to and considered by the European Commission using delegated powers and the ROHS directive. On leaving the EU, this function was transferred to the Secretary of State by the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020, bringing with it new freedoms to determine the outcome of applications as they apply to Great Britain.

The instrument makes provisions to transfer the costs of undertaking the necessary technical appraisal and public consultations associated with it from the taxpayer to business. This approach is entirely in keeping with the requirements of the Government’s Managing Public Money principles. The charge is set on a cost-recovery basis. Such an approach is common practice in circumstances in which industry is required to apply for regulations, authorisation and licensing to comply with regulatory requirements.

The fee will be £39,721 per application and will be payable on exemption applications received from 6 April 2023. Most of those costs reflect the cost to the Government in contracting with technical specialists to undertake the technical appraisal of each application. It is important that a full technical assessment is made when assessing applications to use restricted substances above the permitted level that could cause significant harm to human health and the environment. That technical assessment will, crucially, include an in-depth analysis of any potential less harmful substitutes that could be used to enable the Secretary of State to make an objective determination on each application received. Applications for exemptions are typically submitted by industry rather than individual businesses, because exemptions are granted to products rather than the organisation that submits the application. Historically, most applications for exemptions are made by trade bodies on behalf of a sector, and we anticipate this collaborative approach to continue, with associated costs being spread across the relevant sector.

I stress that the fee is being charged strictly on a cost-recovery basis, reflecting the appraisal work undertaken. The amount payable will be reviewed regularly. I hope the introduction of an application fee will encourage industry to fully explore the use of less hazardous alternative substances before submitting full exemption applications. Noble Lords do not need me to remind them of the potential harmful effects of lead and mercury on human health and the environment, so we seek to minimise their use.

In line with published guidance, there is no need to conduct an impact assessment as any direct impacts from this instrument are judged to fall under £5 million per year. In any event, the only costs on business arising from this instrument relate to Defra’s appraisal of exemption applications. Costs on public bodies such as these fall within the statutory exemptions for which impact assessments are required.

This instrument was subject to consultation, as it alters existing policy. Unsurprisingly, those likely to be subjected to an application fee in future did not support these proposals. Our proposals are consistent with Managing Public Money principles, but in response to those concerns we have committed to consider the merits of recognising exemption decisions taken by other jurisdictions that have similar ROHS regulations to those in the UK.

The territorial extent of this instrument is Great Britain. This is considered a reserved policy, but the devolved Administrations were engaged in the development of the policy and are content. The ROHS regulations fall within the Northern Ireland protocol; as such, businesses placing product on the Northern Ireland market are bound by EU exemption decisions and, under unfettered access provisions, can subsequently freely supply those goods to the GB market. This does not represent a loophole, as suggested by the Secondary Legislation Scrutiny Committee, but is about ensuring that businesses in Northern Ireland can trade freely in the UK. I commend this instrument to the Committee.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am most grateful to my noble friend for presenting this statutory instrument. I read very carefully the conclusions of the Secondary Legislation Scrutiny Committee and will go through some of the issues with this Committee this afternoon.

The Explanatory Memorandum sets out very clearly at paragraph 10.1 that a six-week public consultation was conducted which closed on 26 August. That is normally considered a holiday period. Certainly it is when I have always taken my holidays, as I tend to go to northern Europe and that is probably the last bit of good weather and bright sunshine that we might expect. It was a short six-week consultation; I think they normally last 12 weeks. Was there any reason why the consultation was shorter and not carried through to September, which would have given people more chance to respond?

Fifty-three of the 54 respondents objected to the line that the Government took. I will not read it out because it is there and everyone will probably say the same thing this afternoon, but I wonder why the Government overruled those who bothered to reply.

My noble friend said of paragraph 16 of the Secondary Legislation Scrutiny Committee’s response that this is not a potential loophole. I would like to understand why he and the department think that. If Northern Ireland, which is still part of the single market, can export these products to the rest of Great Britain, which is not, and those in Great Britain have to pay the fee, that gives those operators in Northern Ireland a commercial advantage, if I understand this correctly. I would like to understand the background to why my noble friend thinks it is not a loophole or a commercial advantage to the Northern Irish.

Previously, in its conclusions, the Secondary Legislation Scrutiny Committee confirmed that there is no payment for Northern Ireland operators and that 53 of the 54 responses were negative towards the Government’s position. I underline the uncertainty in paragraph 14 of that scrutiny committee report, which says that the view the department has put forward

“creates uncertainty and may be inconsistent with the Department’s declared intention to have a GB-specific, cost-recovery based system for exemptions.”

I take this opportunity to press my noble friend on that.

I have one last question. What will the position of this statutory instrument be under the retained EU legislation Bill? Are we coming back to revisit this, or is this the last time we will look at this statutory instrument?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introductory remarks on this statutory instrument.

Previously, applying for an exemption for the use of certain hazardous substances was handled and organised, and the cost was picked up, by the EU. After Brexit, the cost was picked up by the UK taxpayer. The Government are now moving the cost from the taxpayer to the businesses which are required to apply for exemptions. Not surprisingly, those businesses are balking at this additional cost where previously there was none for the same service.

As the Minister said, the fee that Defra is implementing to be payable is £39,721. At the same time, the Secretary of State will publish a charging scheme of fees and how they will be reached. The fee set out in the instrument will operate from April 2023, when the new scheme of charges will also become operable. There is no indication at this time whether those charges will be higher or lower, only that they will be on a full cost-recovery basis.

As the noble Baroness, Lady McIntosh of Pickering, said, Defra held a six-week consultation on the fee being introduced in this SI, which ended on 26 August. Of the 54 responses received, 53 disagreed with the consultation proposals. This is the first time that the businesses concerned have been expected to pay for exemptions.

The Secondary Legislation Scrutiny Committee, of which I am a member, asked a number of questions of Defra on the SI. The exemptions cover such items as the use of lead in portable emergency defibrillators and the use of mercury in intravascular ultrasound imaging systems. This is vital to the health service and a number of us at all levels, because of the effects on the health service, on which we are completely reliant.

The fee is to cover the cost of a consultant’s fee in assessing the application and whether the product is safe and fit for use. Regardless of whether the application is a renewal or a new exemption, the fee to be applied is the same. There are 23 existing exemptions that would require an application fee to be paid when they are next renewed.

Four businesses consulted were concerned that specialised items provided in low volumes but subject to the application of a fee might not continue to be supplied in GB due to the cost. This would have a significant impact on some medical technologies. Given that some of those businesses supplying this equipment and needing an exemption certificate are small and medium-sized businesses, the cost is likely to have a negative effect. Can the Minister comment on this?

The Northern Ireland market, as both speakers have said, is not subject to these regulations as it still operates under EU rules. No fee is therefore charged there. This SI applies to England, Scotland and Wales only. Can the Minister say whether it is likely that some devices might appear illegally on the Northern Ireland market, not subject to a fee, and then be sold on to England, Scotland or Wales? I understand the Minister says that this is not likely, but this is a loophole in the system whereby no fee would have to be paid for a separate GB exemption; the noble Baroness, Lady McIntosh, also referred to this. Would it not be better if the same system applied to the whole of Great Britain, including Northern Ireland? Would the Minister care to comment on that?

--- Later in debate ---

[Lord Benyon (Con)]

The exemption is on the product, not the applicant, so yes. Some of these would be multinational companies based overseas wanting to export their products here. They would have to get this to do so.

I think that addresses the main concern of the noble Baroness, Lady Hayman. Trade bodies will be the vast majority of the applicants, not businesses. It is crucial that we drive behaviour change where it can be achieved. The application process requires the applicant to have looked at alternatives before securing an exemption.

The noble Baroness, Lady Hayman, asked for examples of recent exemption decisions. Lead in solders in portable emergency defibrillators is one. Mercury in components of intravascular ultrasound imaging systems and lead in hexavalent chromium used for civil explosives in mining and quarrying are other examples of where this requirement will be used.

The Secretary of State could grant exemptions without the need for an application if the sale of essential equipment were jeopardised because of the non-payment of a fee. For example, if the supply of essential equipment was required for the health sector and was jeopardised because of the requirement to have an application, the Secretary of State could overrule it and give that exemption. I think that gives a lot of assurance to people who feel that, for example, our NHS could lose out on getting a vital piece of equipment.

The final question, quite rightly put, was whether this drives business away from the UK. It is normal for businesses to be charged fees for registrations and applications if necessary. As I say, it is important to note that the fees apply to the product, not to individual businesses. There is a track record of businesses working together to submit applications.

[Baroness McIntosh of Pickering (Con)]

Can I just clarify that point for my noble friend? It is about whether there would be a commercial advantage in what we are pursuing, thus giving Northern Ireland a benefit.

[Lord Benyon (Con)]

In Northern Ireland, our wish for there to be unfettered access is absolutely paramount. As things stand, businesses in the European Union will seek applications from here, as will businesses from beyond the European Union. It is vital that we maintain that unfettered access while we sort out the implications of the Northern Ireland protocol, which are very familiar to Members of this Committee.

I hope that I have answered all the questions. If there are further points that noble Lords wish me to comment on, I would be happy to contact them. I commend these draft regulations to the Committee.

Motion agreed.

Sustainable Farming Incentive Grants

Baroness McIntosh of Pickering Excerpts

Monday 5th December 2022 Lords Chamber

[Lord Benyon (Con)]

I do not accept that there has been a delay, with respect to the noble Baroness. We are tapering out the basic payment scheme—which is understood right across this House as being bad for both the environment and farmers, particularly smaller ones—and replacing it with a scheme through which farmers are starting to see how they can fill the gap created by that taper down. As things stand, the standards that we have published give farmers roughly between £22 and £60 per hectare. We are going to roll out another four standards next year, another five the year after and another five the year after that. There has been no greater degree of consultation in the history of Defra in terms of how we have engaged with the farming community here. This is an iterative process. We have improved the scheme as it has gone on. The response we have had from farming organisations and individual farmers has been positive.

[Baroness McIntosh of Pickering (Con)]

Will my noble friend join me in paying tribute to tenant farmers? In north Yorkshire, 48% of farms are tenanted. The farmers have done quite well under the existing schemes. What will they benefit from under the new initiative? Most of it seems to be environmental and, of course, they do not own land.

[Lord Benyon (Con)]

It is absolutely vital that we have a strong tenanted farm sector in this country. It gives a plurality of land occupancy that encourages new entrants—that is, people who cannot inherit or buy land but can access farming. We have benefited from a really interesting report from my noble friend Lady Rock, which we are currently reviewing and which has more than 80 recommendations. We will respond in due course. Under the SFI, more tenant farmers can access this scheme than has been the case under previous schemes; this includes farmers with tenancies on a rolling, year-by-year basis. We have worked closely with the Tenant Farmers Association; we want to make sure that it can see a future in British farming in England.

Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022

Baroness McIntosh of Pickering Excerpts

Monday 5th December 2022 Grand Committee

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, these regulations were laid in draft before this house on 20 October 2022. The time that we have does not permit me to cover in detail all the amendments that these instruments make, but I shall do my best to cover some of the most significant points.

The first instrument makes technical amendments to various pieces of retained EU law and domestic legislation to ensure that they operate effectively in the following four areas after the UK’s withdrawal from the EU:

“Official controls and requirements on imports into and movements within Great Britain of animals, animal products, plants and plant products; the rules on animal welfare during transport; the rules on the marketing of plants and planting material; and the rules on the prevention, control and eradication of certain transmissible spongiform encephalopathies, a group of fatal diseases which include mad cow disease.”


This instrument also addresses various other deficiencies in retained EU legislation and corrects errors in earlier instruments made under the European Union (Withdrawal) Act 2018. The changes are, for example, to

“clarify that the appropriate authority can create or amend rules on penalties for non-compliance with these regulations and relevant supporting legislation with regards to the Official Controls Regulation and Plant Health Regulation; streamline the process for designating an appropriate authority as a competent authority responsible for carrying out official controls; and replace the existing obligation for the appropriate authority to make secondary legislation to address biosecurity risks from imports of animals and animal products with a power to make secondary legislation, helping to protect biosecurity by giving Defra the flexibility to address biosecurity risks through means other than regulations.”

The Plant Varieties and Seeds Act 1964 is amended to enable Ministers to make regulations via the negative resolution procedure to ensure that domestic secondary legislation, which captures the marketing of fruit, vegetables, and ornamental plants for planting, can be updated as required. This change will ensure that we can keep pace with changing requirements in this space. Corrective amendments make it clear to transporters, organisers, and keepers of live animals, that they must comply with the journey log requirements on protecting animal welfare in transport.

The second instrument makes modifications to the interpretation of 11 directives to ensure a continuing and fit-for-purpose imports system for animals and animal products entering Great Britain, to ensure that the legislative regime is up-to-date, enforceable, and easy to use. These modifications do not make policy changes. They are technical fixes to assist with the interpretation and application of the directives. This instrument also transfers the functions, including legislative powers from EU bodies, to the appropriate authority and makes the necessary changes to relevant import enforcement legislation.

Both instruments apply across Great Britain, although there are some exceptions. In the first instrument, Regulation 12 applies only to England and Wales, Regulation 13 applies only to Scotland, and Part 6 applies only in England.

In the second instrument, Part 1 applies across Great Britain, whereas in Part 2, Regulation 5 applies only to England. Regulation 6 applies only to Scotland, and Part 3 applies only to England and Scotland, with the Welsh Government having laid a mirroring instrument which applies in Wales. I will be testing noble Lords on that later; I hope it was clear. Both instruments also make a series of technical amendments to other pieces of legislation to ensure that they are fully operable.

In summary, the amendments in these instruments will ensure that official controls on imports of animals and animal products continue to be effective, that appropriate authorities have the relevant powers to make and implement necessary changes to imports legislation and that we have the legislative tools we need to safeguard our biosecurity.

To conclude, the devolved Administrations in Scotland and Wales have provided their formal consent for these instruments. Movements from Northern Ireland or the Crown dependencies are considered internal movements and are not affected by the modifications and amendments laid in these instruments. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am most grateful to my noble friend for presenting these two statutory instruments, which I support. I shall press him on a couple of issues.

Will both instruments definitely be retained and not excluded under the provisions of the EU retained law Bill currently in the House of Commons? Having done all this work, it would be a pity to waste it. In each case, will the Minister clarify which are the relevant public authorities?

On the trade in animals and related products regulations, as an MEP I spent many happy hours looking at the live trade in animals. As the MEP for Brightlingsea, I had the rather unfortunate experience of representing Brightlingsea when it closed down the live trade in Dover; there were demonstrations to prevent the live trade. My understanding is that it is still the case that one live animal is transported for every seven transported in carcass form, certainly from this country—now we are a third country, or third countries—to the EU. Are those figures correct, and are they still reflected in imports from the EU to this country?

Also, in the provisions of the regulations, is there a role for the Food Standards Agency in this regard? Whichever agency or authority it is, will it rely on notifications, or will it be able to do spot checks? It would be better for the Committee’s trust in the system—certainly my own trust—if it was able to do spot checks either on live animals or animal products, in frozen or fresh form. That would be very helpful to know.

I have two small further points to make that I am fortunate to have in my possession having attended the briefing from the Food Standards Agency on a completely different matter—its annual report for last year. Clearly, the regulations reflect the fact that, as a result of our departure from the EU, Ministers and food regulators are now directly responsible for food law for the first time in nearly 50 years. Therefore, the level of understanding, particularly at local authority level—not just when the products come into this country but when we are relying on local authorities to do inspections of food businesses at the level of outlets—is a matter of some concern.

Can my noble friend say how the Government plan to address concerns that I and others have? I do not want to put words into the mouth of the Food Standards Agency, but it has reflected this in its annual report, where it says:

“Firstly there has been a fall in the level of local authority inspections of food businesses. The situation is in the process of being repaired … but progress is being constrained by resource and the availability of qualified professionals.”


I understand that part of that problem is lack of skills and understanding that this is a potentially interesting and rewarding job. The endgame is to make the job of health inspectors attractive. The second problem the FSA raises is

“in relation to the import of food from the EU … To enhance levels of assurance on higher-risk EU food like meat, dairy and eggs, and food and feed that has come to the UK via the EU”.