Air Quality

Baroness Parminter Excerpts

Monday 24th April 2017 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I thank the noble Lord for his questions. On his last question, I can say that we believe the legislative framework exists to deal with these matters, and therefore a separate clean air Act is not necessary because they can already be dealt with.

On the issues at hand, we have been advised that there are very strong requirements vis-à-vis purdah. However, I say to the noble Lord and indeed to all noble Lords that we will ensure that this short delay in the timetable will not result in a delay in the implementation of the plan. It is precisely to deal with the purdah issue, relating to both local government and the general election, that we have given the dates by which we want to publish this report. Obviously it is in everyone’s interests that we publish, and we want to work in partnership. That is why we are working with the devolved Administrations and the Mayor of London, and indeed we are working with many cities that have this acute problem which we need to address.

[Baroness Parminter (LD)]

My Lords, this is clearly a public health crisis, with 40,000 people dying prematurely in the UK every year because of air pollution and many more suffering from respiratory and cardiovascular diseases. The reason that the Minister has given why this needs to be delayed does not stand proper scrutiny, because here we face a genuine public health crisis, which is a legitimate reason for the purdah rules to be put aside. Given that the department has shilly-shallied about producing its 25-year plan for the environment, it is very good at talking the talk on protecting the environment, but it is not good at walking the walk.

I have two quick questions for the Minister. First, does he accept that after Brexit, when we no longer have the European Union obligations, we need firm air quality targets in UK law to hold the Government to account? Secondly, what comfort can the Minister give to both parliamentarians and the public on the question that, in the absence of the European Union, there is no alternative to costly judicial reviews for the public to hold the Government to account on the crisis of air pollution?

[Lord Gardiner of Kimble]

My Lords I do not think that the facts bear out what the noble Baroness said. In fact, it was during a Government in which her party was in coalition that £2 billion of taxpayers’ money was diverted: £400 million for ultra-low-emission vehicles, £600 million for the local sustainable transport fund, £224 million invested in cycling and more than £27 million since 2013 to retrofit and clean up more than 3,000 of the oldest vehicles. I hope that she would agree that that was a success during the time that her party was in coalition with mine. That is why £2 billion was diverted to that important subject.

On the question of how we will proceed, as I said, this is a short delay in the timetable, because we have purdah requirements. That is the advice that I have received. I fully acknowledge that this is a public health issue. That is one reason why considerable sums of money are being invested in it, why we will continue to do so and why we in the department very much want to bring forward these plans after the general election.

Recycling: Plastic Bottles

Baroness Parminter Excerpts

Tuesday 28th March 2017 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I want to express my thanks to business across the piece for being involved in the litter strategy. One thing to come across strongly is the importance for its reputation that business sees in assisting us with recycling and with avoiding litter. I want to endorse what my noble friend has said: business is key to the success of this.

[Baroness Parminter (LD)]

My Lords, the Minister mentioned the welcome but ambitious packaging recycling targets set in the recent Budget. Given that household waste recycling targets are going backwards, how do the Government expect to meet them?

[Lord Gardiner of Kimble]

My Lords, the noble Baroness is right that there was a slight drop, and that is why we absolutely need to do more. That is why I think the work of WRAP will be very important. But let me give some examples of where recycling is working tremendously well: South Oxfordshire District Council has achieved 66.6% household waste recycling; East Riding has achieved 66.1%; and Rochford District Council has achieved 66%. We want to raise the bar where local authorities are doing very well. That is what we want across the country.

Water Supply Licence and Sewerage Licence (Modification of Standard Conditions) Order 2017

Baroness Parminter Excerpts

Thursday 9th March 2017 Grand Committee

[Lord Deben (Con)]

My Lords, I rise merely to pursue a continuing degree of pressure on the Government not for what is in these statutory instruments but for what ought to be in them. We in Britain have a system that enables us to regulate the charges for connection—I notice that in effect it is referred to here under “Connection charges”—but connection itself is statutory. That means that even though a water company is not a statutory consultee, it can be required to provide connections when such a connection significantly overloads the provision of sewerage or allows the building of homes in places where such building should never take place.

It is some time—two years, I think—since the Committee on Climate Change sub-committee that is dealing with preparing ourselves for the immediate effects of climate change pointed out that it is an unacceptable situation that, first, the water company is not a statutory consultee and, secondly, it has to do something that is clearly contrary to our interests when it comes to flood prevention and dealing with adaptation to climate change. I know that my noble friend the Minister will say this is neither the place nor the time to do this, but if I do not go on reminding the Government that there has to be such a place and a time then it will not be done—and it needs to be done. It is a pity to take up parliamentary time for what is, frankly, a pretty unnecessary series of crossing “t”s and dotting “i”s when there is so much more to be done if we are to make the changes that the whole world, irrespective of party, religion or any other device, believes to be necessary. I am very sorry that the department has still not come forward with proposals in this area.

[Baroness Parminter (LD)]

I shall come to the aid of the noble Lord and say that it is an absolutely appropriate time for this to be raised. He will be aware that Defra is undertaking a review of sustainable urban drainage, so if we cannot raise this issue now in advance of the review, when can we raise it?

We have raised this issue frequently: in the Housing and Planning Act last year, when discussing automatic connection rights; and noble Lords will know that we have been addressing this issue rather more recently in the Neighbourhood Planning Bill. It is an absolutely fundamental issue that underpins not only the building of houses that are sustainable in the future but addressing the water shortages that we will face, given the challenges of climate change and population growth in the foreseeable future.

Will the Minister say a few more words about the likely timing of the department’s review to ensure that it is in advance of the Adaptation Sub-Committee’s forthcoming review in May? If it is not, that will be a seriously detrimental step. While, as the Minister said, these are small measures pertaining to delivering better solutions for our water industry, we must look at the bigger issues around automatic connection and sustainable urban drainage and, in the future—I hope this will be in the White Paper—a Bill on abstraction. If those things are not addressed, the Government are seriously failing in looking at the water challenges of the future.

[Baroness Jones of Whitchurch (Lab)]

My Lords, first, I am very pleased to associate myself with the comments of both the noble Lord, Lord Deben, and the noble Baroness, Lady Parminter. They have raised a very important issue, which I know we have debated on other occasions. I would be very happy to continue to add to any pressure we can bring to get the Government to take this issue seriously. The noble Lord set out the case extremely well as to why it was such a huge urban and rural challenge in terms of planning, flood prevention, and so on. Both noble Lords made the case extremely well.

I guess it now falls to me to make some comments about the actual regulations before us, which I fear will not be as interesting. I am grateful to the Minister for setting out the purpose of the three regulations. As he made clear, they are all consequent on the Water Act 2014, which received very detailed scrutiny in your Lordships’ House. The opening up of the new non-household retail market in April 2017, and the ongoing challenges of delivering greater competition in retail water and sewerage systems, will inevitably need modification and refinement. In this context, we accept that these new regulations are both technical and necessary.

However, I have a couple of questions for the Minister. First, the water supply licence and sewerage licence orders are mainly concerned with the percentage of licensees that must agree Ofwat’s decision to amend licence conditions, as the Minister spelled out. We agree that a 20% level of objection is a reasonable requirement to trigger a referral to the CMA. However, the consultation on that regulation also flagged up some concerns about the way in which sewerage licences were to be calculated, given that there is very little metering of wastewater output from premises. I do not disagree with the rather pragmatic conclusion that in the absence of metering of sewerage, it is best to base the calculation on the clean water supply to the premises. Given that there is an overarching environmental need to encourage businesses to manage and limit wastewater, the department could do more to encourage people to manage water supply—I am talking about both clean and dirty water—and put in place more effective processes for charging for wastewater disposal in the future. There are good initiatives out there but many businesses are happy to pour very highly polluted water down the drain in large quantities.

Secondly, the water industry designated codes regulations set out the arrangements for appeals to the Competition and Markets Authority. Again, I do not disagree with the rather pragmatic approach taken in these regulations, which suggests that we need to establish a fast-track appeals process, similar to the energy code appeals. However, these are short-term pragmatic solutions that are necessary to get the new system up and running in time for the April start.

However, we need to see how the codes and appeals bed down and whether—as is often the case—their application has unforeseen consequences. I would be grateful, therefore, if the Minister indicated how the operation of these regulations, and the others to which he has referred, will be kept under review as the retail market matures. In response to the consultation on the codes, the Government said:

“It is to be expected that the regulatory structure around a healthy, well-functioning market may need to evolve when competition has become long-established”.


We agree with that, but it would be helpful if the Minister set out the process by which this evolution will be monitored and how Parliament can best be enabled to play a full role in that review. I look forward to the Minister’s response.

Circuses: Wild Animals

Baroness Parminter Excerpts

Wednesday 1st March 2017 Lords Chamber

[Baroness Parminter (LD)]

My Lords, wild animals are not just kept in circuses—they are still kept in homes. About 5,000 primates are kept as pets in the UK. The Primate Code was due for review in 2015. When are the Government going to get on and do it?

[Lord Gardiner of Kimble]

My Lords, there is of course legislation, and under the requirements of the Dangerous Wild Animals Act the primary focus is public safety, but clearly, the Animal Welfare Act 2006 absolutely applies. We are absolutely clear that it is not appropriate at all for primates to be kept as pets.

Air Pollution

Baroness Parminter Excerpts

Tuesday 21st February 2017 Lords Chamber

[Lord Gardiner of Kimble]

I would not seek to be partisan, but perhaps I should say to the noble Lord that the dash to diesel happened under his party’s regime. That is one reason why we are now having to resolve the problem. In fact, nitrogen dioxide levels went down by 4% between 2014 and 2015, and we are seeking to continue that. However, we are retrieving a situation that the noble Lord’s party assisted in the passage of.

[Baroness Parminter (LD)]

My Lords, can the Minister tell us exactly which towns and cities are being affected by the reasoned opinion of the European Commission?

[Lord Gardiner of Kimble]

My Lords, I have a list of 16 zones, while the five cities that we are working on as regards clean air zones are Birmingham, Leeds, Nottingham, Derby and Southampton. I should say that my honourable friend Therese Coffey has been discussing these matters with representatives from other cities because under the Transport Act 2000, local authorities can impose clean air zones if they so wish.

Imports: Vegetables

Baroness Parminter Excerpts

Wednesday 8th February 2017 Lords Chamber

[Baroness Parminter (LD)]

My Lords, half the vegetables we eat in this country are imported, including native crops such as cauliflowers and onions. Is it not time that the Government’s forthcoming Green Paper on food and farming tackled this decline in home-grown veg?

[Lord Gardiner of Kimble]

My Lords, I thoroughly endorse the wish we all have to produce more home-grown veg. That will precisely be at the heart of the forthcoming Green Paper. I was pleased only this morning to hear that cauliflowers from Cornwall are coming on to the market, so we again have a great opportunity to buy some British vegetables.

Brexit: Environmental Standards

Baroness Parminter Excerpts

Thursday 2nd February 2017 Lords Chamber

[Lord Willoughby de Broke (UKIP)]

My Lords—

[Baroness Parminter (LD)]

My Lords—

[Lord Hannay of Chiswick (CB)]

My Lords—

--- Later in debate ---

[Lord Gardiner of Kimble]

As I say, because of the construction of our environmental protections which are part through domestic law and part through our EU law requirements, all of it is coming back so that it will be exactly the same continuum of laws relating to environmental protection. That is the whole point of the great repeal Bill, so there is certainty for the consumer, the producer and business.

[Baroness Parminter]

My Lords, the Minister referred to an upcoming consultation on the 25-year environment plan. Some matters that are not open for consultation are matters of principle. One of the principles in Europe has been that environmental protection has been maintained by the precautionary principle. Will the Minister guarantee that this Government will uphold the precautionary principle?

[Lord Gardiner of Kimble]

My Lords, as I have said, we wish and intend to leave the environment in a better position than the one we have inherited. That surely means that we will want a situation where we are advancing our protections rather than not.

Animal Welfare: Penalties

Baroness Parminter Excerpts

Monday 16th January 2017 Lords Chamber

Asked by

[Baroness Parminter]

To ask Her Majesty’s Government whether they have any plans to increase the penalties for animal welfare offences.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, while there are no current proposals to increase the maximum penalties for animal welfare offences, the Government want to see courts use the range of penalties available. We will continue to keep the maximum penalties for animal welfare offences under review.

[Baroness Parminter (LD)]

I thank the Minister for that reply. The maximum sentence available for extreme and premeditated cruelty is six months. We lag behind the rest of mainland Europe and Northern Ireland, whose maximum sentence is five years. Given that the EFRA Select Committee has now recommended a rise to five years, is it not time that the sentence matched the crime?

Brexit: Support for Farming

Baroness Parminter Excerpts

Wednesday 11th January 2017 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I have a copy of the Secretary of State’s speech before me. This was very much about red tape, such as billboards and the three-crop rule, which is entirely different from our quest, which is to have an enhanced environment. We wish to be the generation that secures a better environment to hand on to the next generations. As I say, with innovative and productive farming, we can have an enhanced environment, and that is really important for the sector.

[Baroness Parminter (LD)]

My Lords, it is welcome news that the two plans, on farming and the environment, will dovetail. But can the Minister confirm that the environment action plan will have clear targets and will not just be a list of wishes, so that we can ensure that farmers are paid for delivering the public goods which the noble Baroness, Lady McIntosh, mentioned, rather than continuing the current system which benefits the largest farmers?

[Lord Gardiner of Kimble]

My Lords, I should say that this is a consultation document. We want to hear back from all stakeholders what their view is as to how best to secure many of the objectives we want, which, as I say, will dovetail through having a vibrant agricultural sector and an enhanced environment. With 70% of our land in agriculture, the farming community has a prime role to fulfil in that.

Equine Welfare Standards

Baroness Parminter Excerpts

Wednesday 11th January 2017 Lords Chamber

[Baroness Parminter (LD)]

My Lords, given what has been said by previous speakers, I should declare that I am not a horse rider but I have always thought that horses are magnificent beasts, deserving of the utmost respect. Most of us here, whether we are riders or non-riders, would agree that the majority, as the noble Baroness, Lady Chisholm, rightly said in her opening remarks, are well cared for by people who respect them. However, it is clear that welfare problems remain and it is the equine charities that have to pick up the pieces and rehabilitate horses before finding loving homes for them. I pay tribute to the RSPCA, World Horse Welfare, Redwings and a charity local to me in Surrey, the Mane Chance Sanctuary, which does a fantastic job of rescuing and rehabilitating abandoned and older horses and then integrating them back into the local community. All equine charities have more horses in their care than they have spaces for, and the majority need to be put into private boarding facilities. The increasing costs of doing this are unsustainable for all charities.

It is good news that the number of abandoned horses on public and private land has reduced since fly-grazing legislation was adopted by the Government, but enforcement is still patchy and it is arguable that the issue is given insufficient priority by local authorities, and certainly there is a lack of resources from some. As the noble Baroness rightly identified, however, local authorities are hampered by the inability to prove horse ownership. It is the law that horses should be passported and that those born after 2009 should be microchipped as well, but there are no consequences for non-compliance. Moreover, the 2009 cut-off is causing real problems, as the noble Lord, Lord Trees, and the noble Baroness, Lady Chisholm, have both said. The recent legislation on dog microchipping stipulates that it applies to all dogs, so my question for the Government is: if it is good enough for dogs, why is it not good enough for horses? What plans do the Government have to make retrospective microchipping mandatory? We know also from the Animal Welfare Act 2006 that it has to be statutory or it just will not be enforced.

Horses are left to suffer in far too great numbers. Last year the RSPCA collected 1,336 horses, the third highest number ever, of which 70% had been neglected. Unlike the noble Earl, Lord Shrewsbury, and the noble Lord, Lord Blencathra, I wish to commend the RSPCA on the prosecution work that it undertakes. I would respectfully argue that the association is not politically motivated. We may disagree with the priorities of some charities, but they are charities and therefore we cannot say that they are politically motivated. I would also point to the support of World Horse Welfare and the Blue Cross for the excellent prosecution work that the RSPCA undertakes. Frankly, my request to the Government is not to remove this work from the association but for them to make a firm commitment to support the vital work being done by the RSPCA and others. However, it is my understanding that the RSPCA undertakes 80% of all prosecutions, and we in this House should be grateful for its work not only with horses but with all animals.

It is clear that more needs to be done, including making retrospective microchipping a priority, to rescue horses from the miserable existence to which too many of them are still condemned.