(4 years, 10 months ago)
Lords ChamberThe noble Lord refers to the really important work that needs to proceed: research into how we move from a wasteful economy to a circular one. I absolutely endorse that we need to be working more on research. For instance, we are undertaking work on biodegradable and bio-based plastics and BEIS is considering those proposals. There are issues, however, and we do not want unintended consequences.
My Lords, given the vast amount of plastic film used in food packaging, what are the Government doing to increase the amount available for recycling?
(4 years, 11 months ago)
Lords ChamberThe magnitude and quantum of the number of businesses that will be involved in England will, as I think everyone would agree, be much more significant. As I have said, we are working through the requirements as we understand and have been informed about them. The Regulatory Policy Committee has come back to us with detailed comments on the methodology. We have to receive a positive rating feedback from the RPC. We want to do that because we think there are significant benefits from increasing the charge from 5p to 10p and applying it to all retailers.
My Lords, the Minister said that it is not compulsory for retailers to ensure that the money goes to charities. Last year, 40% of retailers did not say where the money went. Why is it not compulsory for the money to go to charities so that we can be sure that it is going to good causes?
My Lords, from the very outset, this was for businesses, and all businesses—taking away their business costs—were encouraged to donate to good causes. As I say, significant sums have already been given, but we should be mindful, particularly when we go on from larger to smaller business, that this will undoubtedly have to be for businesses. I was very interested to find that the House of Lords last year raised £283.21, and I am pleased to say that we are phasing out our plastic bags. This is the sort of quantum we are talking about. We will be dealing with very small retailers, which is why the noble Baroness hits on something that would be very difficult to enforce.
(5 years, 1 month ago)
Lords ChamberTo ask Her Majesty’s Government what plans, if any, they have to strengthen the public authorities’ biodiversity duty.
My Lords, we must ensure that biodiversity is at the heart of improving the environment. The forthcoming environment Bill provides an opportunity to do more for biodiversity. We will introduce mandatory net gain and a new statutory body to hold government and other public authorities to account. We want the biodiversity duty to underpin these, and we are actively considering how we will work with public authorities to enhance the natural environment.
I thank the Secretary of State for his speech last week, though I note that he said “I want to” rather than “We will” introduce a biodiversity duty. If other government departments scupper the inclusion of a stronger biodiversity duty in the environment Bill, how will the Government respond to the biodiversity crisis that we face, so powerfully outlined in recent UN reports?
My Lords, this has to be not only across government but across the whole of civic society and public authorities if we are to enhance the environment. I have plenty of examples of where other government departments are working very constructively and successfully, whether it is the MoD, the MoJ, HMRC, DWP, the Environment Agency, the Forestry Commission, Natural England or county councils; all of them are working very strongly on biodiversity. We have clearly got to do more, but I reassure the noble Baroness that this has to be across government because that is the only way we will actually enhance the environment.
(5 years, 1 month ago)
Lords ChamberMy Lords, I very much hope that it is not the Secretary of State’s farewell message, because he has shown great leadership in ensuring that the enhancement of the environment is in everyone’s mindset. We introduced a world-leading ban on microbeads in rinse-off personal care. We announced a ban on the sale and distribution of plastic straws and stirrers, and plastic-stemmed cotton buds, which is due to come in next April. There is plenty of work. I always wish to take speedy action on this, but we need to get it right and we will need to do research on things such as biodegradable plastics so that we make the right choice for the environment.
My Lords, £50 million was raised from the plastic bag levy last year. Given that retailers do not have to say where the money goes, and last year only 60% chose to do so, what confidence do the Government have that this money will end up going to good causes?
The noble Baroness is right that it has gone to very good causes, and it is a matter of social responsibility that the charities that benefit from the charge should receive that money. I mentioned in my earlier reply that six of the seven supermarket chains are phasing out single-use carrier bags this year, so we will see a change. Although we will continue to have charitable donations, this is about changing consumer behaviour, and charities will need to recognise that.
(5 years, 1 month ago)
Lords ChamberMy Lords, I agree with the noble Baroness that the deposit return scheme is a very important part of what we need to do. There clearly needs to be further work with business to ensure that the scheme runs satisfactorily when we implement it. The first consultation closed on 13 May. This is very important in terms of littering and of increasing recycling. These two things go together. I am as impatient as the noble Baroness to get this done as soon as possible.
My Lords, glass is a major problem when it litters our countryside—for humans, for fire risks and for wildlife. The noble Baroness, Lady Jones, mentioned the deposit return scheme. Scotland has recently introduced a 20p deposit return scheme which includes glass. Will the Minister confirm that any scheme introduced in England would include all sizes and materials, including glass?
I had better check on that precisely for the noble Baroness. I will put a letter in the Library. The whole purpose of the deposit return scheme is to ensure that, in our ever more circular economy we need to recycle and reuse more, whether it is glass, plastic or aluminium. I will write to the noble Baroness.
(5 years, 1 month ago)
Lords ChamberMy Lords, I am very pleased to say that research was commissioned in November 2018 to develop soil monitoring. It is being undertaken by the Centre for Ecology and Hydrology, which will work on healthy soil indicators—included in the 25-year environment plan indicator framework—and a framework for soil monitoring. It is very important that this is done.
My Lords, will the Government’s forthcoming environment Bill commit to improving soil health and have the targets and metrics to deliver this?
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.
(5 years, 2 months ago)
Lords ChamberI thank the Chief Whip. The Minister mentioned local authorities. What are the Government doing to support cash-strapped local authorities, which face huge bills for felling dangerous trees alongside roads and railways and in our towns and cities?
My Lords, that is precisely why we funded, and the Tree Council has published, a toolkit that helps local authorities to manage the effects of ash dieback; it contains guidance and case studies. I congratulate the authorities in Norfolk, Devon, Kent, Suffolk and Leicestershire, which are all working collaboratively. One of the key points is that, as part of the process, they are replanting, particularly in Devon. We are working closely with local authorities and other agencies.
(5 years, 5 months ago)
Lords ChamberYes. One of the extremely important things in the agri-environmental packages is to make it easier for farmers to provide flowers on fields to support wild pollinating insects. Of course, in improving things for wild pollinating insects, we are also improving things for insects that may not be pollinating. It is important that we get this diversity, because that is the way our ecosystem survives.
My Lords, the overuse of pesticides is a major contributor to the serious decline in our bees. Therefore, why are the Government not supporting pre-approval tests for bee safety in the pesticide approval process, unlike France and Germany?
My Lords, as I have said, we will always support the advice of our experts. That is why we have the Health and Safety Executive and the UK Expert Committee on Pesticides. We act on their advice.
(5 years, 6 months ago)
Grand CommitteeMy Lords—[Interruption.] Do I need to look at that? This is very novel for me. The Government continue to negotiate full access to the rapid alert system as it will be mutually beneficial for the EU and the UK. I am rather looking forward to an Oral Question from the noble Baroness, Lady McIntosh, on the matter too so noble Lords will get all the bites of the cherry.
The noble Lord, Lord Knight, referred to Northern Ireland. Although it is desirable for the four nations of the UK to co-operate in respect in powers returning from the EU, the SIs do not extend across the entire UK. The UK Government will co-operate with the devolved Administrations so that, for example, powers can be exercised concurrently and collaboratively where appropriate. Continuing close co-operation between the UK Government and the devolved Administrations remains essential to ensuring that an exit works for all parts of the kingdom. These instruments involve joint decision making. We are working with other administrations to agree the detail of the process for delivering joint decision making, as set out in the SI.
I will come back quickly to the tripartite agreement but I have not finished with all the questions asked by the noble Lord, Lord Knight. There is no current intention to increase fees for import checks. I can assure your Lordships that the normal consultation procedures with affected sectors would apply if they were to be increased.
We still have not got an answer about Northern Ireland. It is a really specific question. The Minister’s point about co-operation with devolved Administrations is fine, but my understanding is that things are not going that well over there at the moment. What is the position with regard to animals? Are they having to go to an airport and back again? Can we have some clarity on that point?
That is an interesting Box note. I think the most important thing is to say that I will write to your Lordships in respect of all those matters. As I have said, this particular SI is absolutely not about exports, but I have ended up answering a lot of questions about them. If I was going to start to get tetchy, I would say, “This instrument is about imports, my Lords”. If one wants to spend five hours talking about the whole architecture, we will lose the thread of having proper briefings and discussions on matters so that I can give your Lordships proper answers. I am not a magician. I do not know all the answers about exports at this stage. Noble Lords will get them when I am in that position, and I will write to them on those matters.
Regarding the tripartite agreement, all these matters are for negotiation. We understand fully that this has worked very well for the UK, Ireland and France, and have issued technical notices on equine movements. It is clear that the UK would no longer have access to the tripartite agreement if we were to leave with no deal. The equine sector, with which we have worked extremely strongly, understands the position. Technical notices have been circulated and are widely put across in the equine sector. I will ensure that that element of the points is put in the note that I will send—as I said, it will include exports, although those are way out of scope with the technical instrument about operability on imports before your Lordships this afternoon.
(5 years, 6 months ago)
Lords ChamberMy Lords, I will speak also to the Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019, with which this instrument has been grouped.
Plant protection products, commonly called pesticides, are currently regulated by means of EU Regulation (EC) 1107/2009 of the European Parliament and the Council, concerning the placing of plant protection products on the market, and the associated Regulation (EC) 396/2005 of the European Parliament and the Council on maximum residue levels of pesticides in or on food and feed of plant and animal origin. These two regimes, on plant protection products and maximum residue level regulatory regimes, are closely related to each other and both rely on centralised EU processes and mechanisms.
These statutory instruments make technical adjustments. There will be minimal modification of the current EU regime and these represent no changes of policy; nor will they have any significant impact on businesses or the public. Although the regime relies on EU processes to take and implement decisions which need to be corrected, much of the business of the regime already operates at a national level. Decisions at EU level are taken on the basis of evaluations and assessments undertaken by member states, such as by our own Health and Safety Executive. In future, these evaluations will inform a national decision, rather than informing UK input into an EU decision. This means that much of the infrastructure and expertise that we need is already in place within the UK. This will provide a good degree of continuity when we implement the UK-wide regime.
On the plant protection product regime, the main corrections made by this instrument include the following adjustments. All decision-making functions and powers are repatriated from the EU to national level, including approval of active substances and a number of other related functions. We will be able to continue to draw on the considerable scientific and technical expertise of the Health and Safety Executive, which will continue to operate as our expert national regulator on behalf of the UK Government and the devolved Administrations. The Chemicals Regulation Division, or CRD, of the HSE already has around 150 staff working on pesticides—a considerable resource. This means we are well placed to operate a national regime that maintains the highest standards.
A mechanism is established to give effect to national decisions by listing approved active substances on a new statutory register, in the form of a publicly available online database. This replaces the EU mechanism whereby these decisions are given effect by a constant flow of EU tertiary legislation. Other EU tertiary legislative powers will be repatriated to national level to convert them into a power to make regulations by statutory instrument, therefore keeping them on a statutory footing, with just minor exceptions where it is more appropriate to undertake very minor or frequent functions administratively.
EU processes set out in the regulations are replaced with new national processes. The functions are retained where they remain relevant in the national context, for instance: consideration of specific technical issues specified in the regulations; public consultation on active substance applications; provision for consultation with independent specialists where appropriate; and final decision-making. National arrangements for independent scientific advice and assurance are in place. We already have existing independent advisory committees of experts and academics—the Expert Committee on Pesticides and the Expert Committee on Pesticide Residues in Food—which are busy preparing to be ready to meet our changed advice needs after exit day. The EU regime’s power to establish a rolling active substance renewals programme will be replaced with a power to establish a national renewals programme. In the meantime, we will be able to take renewals decisions as necessary.
Some elements of the current regime which rely on EU membership will no longer be able to operate; for example, the mutual recognition provisions for fast-tracking product approvals between member states in the same zone are no longer relevant. However, the UK will be able to take account of relevant assessments by other countries’ regulators in our own national assessments.
Similarly, parallel trade permits rely on the sharing of information between member states and will no longer be relevant. Current parallel trade permits at the point of exit will remain valid for a period of two years after exit or until the extant expiry date—whichever is sooner. Transitional measures have been put in place ensuring that changeover to the national regime is smooth; for example, ensuring that all current approvals and authorisations remain valid after the point of exit, and making provision for handling applications which are in train at the point of exit.
The second instrument makes corrections to the pesticides maximum residue levels regime, and many of the corrections repeat the changes I have just set out for the first instrument. All decision-making functions and powers are repatriated from the EU to national level; for example, the setting of maximum residue levels. A mechanism is established to give effect to national maximum residue level decisions by listing them on a new statutory register in the form of a publicly available online database. EU processes set out in the regulations are replaced with new national processes. The functions are retained where they remain relevant in a national context, such as evaluation functions specified in the regulations. As I said, national arrangements for independent scientific advice and assurance are in place with two highly respected expert committees.
The requirement for reviews of EU maximum residue levels to ensure that they are set at appropriate levels has been replaced with a provision for reviews at national level. The power to establish an EU residue monitoring programme has been replaced with an equivalent national power to put in place a national monitoring programme. The current EU programme looks three years ahead, so the UK’s obligations under this programme for the next three years are retained. This will ensure that the same standards of protection are maintained after exit. Again, transitional measures have been put in place, ensuring that changeover to the national regime is smooth; for example, all maximum residue levels in place at the point of exit will be carried over.
There has been a constant flow of EU tertiary regulations on plant protection products and maximum residue levels—typically several each month—giving effect to decisions on active substances and maximum residue levels. Within this regulation on maximum residue levels, which was laid before Christmas, two minor transitional provisions relating to Regulation (EC) 396/2005, which converts EU maximum residue levels into our new statutory register, have become redundant, due to amendments made to that regulation by the EU in January.
We have today laid the miscellaneous EU exit environment amendments and revocations in draft, which, among other amendments, will revoke these two transitional provisions. Both SIs will be made together once the draft instrument laid today has passed the sifting process. This will ensure that our regulations are linked correctly to retained EU law as it is on exit day. The miscellaneous amendments will deal with the fact that there had been a change in the EU in January. Again, I shall ensure that noble Lords are kept in the picture on that, but I wanted to make that clear, as I heard about it only today and did not want any ambiguity or feeling that there had been any secrecy in these matters.
I hope I have expressed sufficiently that the Government take these matters extremely seriously, and that continued levels of protection for human health and the environment, as well as making matters straightforward for businesses to put products on the market, are a given and essential. Without these corrections, the plant protection product and maximum residue level regimes would be inoperable and would not provide a functioning regulatory regime; for example, we would be unable to take action in response to new evidence on environmental or health risks, or to adjust maximum residue levels, approve new active substances or even renew approval of current ones.
These instruments will establish a UK-wide plant protection products and maximum residue level regime and ensure that a stable regulatory framework is in place. I am pleased to report that again we have worked very closely with the devolved Administrations to develop the instruments and they have consented to them being made on a UK-wide basis. These statutory instruments will put in place, when the UK leaves, an independent, UK-wide regime enabling us, most importantly, to protect human health and the environment. I beg to move.
My Lords, these two statutory instruments are probably the most important ones we have had from Defra to date. The products are widely used in agriculture and industry and in people’s gardens and homes. As the Minister has rightly acknowledged, they can do serious damage to human health and the environment. It is important that these SIs give people the confidence that, if we are to leave the European Union, the protection is going to be as good, if not better, than what we have at the moment. Reading the statutory instruments, I am not entirely reassured. I have three questions which I will come to in a moment. I hope that the Minister will be able to answer these and to give me more satisfaction, given the importance to the general public of this issue.
These SIs show very clearly what we are losing if we leave the European Union. At present, we have a fully formed, established regime which works and protects human health. If we end up with no deal that will be lost. Equally, there will be significant additional costs to businesses if they operate across the European market both in the UK and on the continent. The impact assessment does not include those costs because it looks only at the costs for the UK regime, but there will be significant costs for most of the companies, such as Bayer and Syngenta, which work right across the continent. I found out what the fees are at the moment in a footnote somewhere. Each individual application costs in the region of £150,000 per product, irrespective of the cost of administering the application. Companies will be expected to find not insignificant sums of money if they have to follow the regime in the UK and also stay within the European regime if they wish to sell the products across Europe.
What concerns me not quite the most but nearly is that the Government’s proposed regime is somewhat sketchy. In the Explanatory Memorandum, they say:
“The EU regime sets out decision making processes in considerable detail”.
The EU has done; I only wish that the British Government had done the same in setting out the proposals before us tonight. There is quite a lot to be taken on trust. They talk about setting up a statutory register, but there are no details. They talk about a process for taking independent scientific advice, but again there are no details. They talk about proposals for a renewal and that is where I get particularly worried. Paragraph 7.7(E) of the EM says:
“We will … establish the national renewals programme in a way which maintains effective protection but enables the UK to ensure it has a manageable and proportionate workload for one country alone”.
That is quite open-ended and does not guarantee the protections that we have at present.
It is baffling that neither the EM nor the impact assessment sets out how many applications the Government would expect to see per year if we have a no-deal situation. I scoured them in detail and could not find any, and yet it sets out, quite clearly, that the EU has 50 additional regulations a year, so how many applications are the Government expecting to process?
(5 years, 9 months ago)
Lords ChamberMy noble friend outlines the importance of harmony. The economic benefit of pollinators and riparian strips, for example, to UK fruit, vegetable and oilseed rape production is estimated to be between £600 million and £700 million GVA per annum, so he is absolutely right. Yes, there are many examples of farmers, whether paid or unpaid, who have done a lot of environmental work. What we want to do with the environmental land management system is to enhance the environment and work with farmers.
My Lords, Dame Glenys Stacey’s review of farmland inspection and regulation shows that farmers currently face a one-in-200 chance of being inspected because the Environment Agency has only 40 such officers nationwide. In the future, how will the Government ensure—particularly since the RPA will not be around to monitor cross-compliance—that the regulation of farming is properly funded so that wildlife and watercourses do not get damaged?
My Lords, I had the privilege of meeting Dame Glenys only last week, and I thank her for the considerable work she has undertaken for the nation. Clearly, it is important that farmers do the right thing and, coming from a farming background, my understanding and knowledge is that overwhelmingly, that is what they wish to do. They are overwhelmingly questioning what they should do, and that is one of the responsibilities that we need to undertake. Clearly, anyone who pollutes the land wilfully and negligently needs to be brought to book; that is important.
(7 years, 1 month ago)
Lords ChamberMy Lords, we need to use every new or modern system we can. Fly-tipping in particular is a huge point—it is disgraceful. I think there are about 628,000 instances, with household waste as well. We need to ensure that we have the right level of fines and custodial sentences. That move might be extreme for some, but the level of fines needs to be as high as it can be. Indeed, a company was fined £23,400 last week for fly-tipping in Epping Forest.
My Lords, according to WRAP’s annual tracker survey, two-thirds of households say that they are unsure how to correctly dispose of items. Does the Minister agree that significant cuts to local authority communication budgets driven by central government cuts are contributing to falling household recycling rates?
My Lords, it is far too simplistic to suggest that. For instance, in Richmondshire District Council, there was a 14.7% increase in recycling rates in one year; in Tameside, a 7.8% increase; and in East Riding, an 8.6% increase. This is all about increasing the amount that is recycled and separating food waste. Of course there are financial conditions, but I suggest that there are many good examples of what local authorities are doing in stressful times.
(7 years, 2 months ago)
Lords ChamberMy Lords, I agree with a lot of what the noble Baroness says. We need to base our decisions on science. We have a responsibility under international law to have sustainable fish stocks, and I am pleased that in this country we have had some considerable successes in getting sustainable yields. The basis of this is that we have given two years’ notice that we intend to leave the London fisheries convention, which is necessary under legal advice. We now need to negotiate with our partners and friends in Europe so that, as I say, we have a sustainable fishing industry. Also, for the first time we will have the ability to decide who fishes in our waters.
My Lords, our fishing industry contributes less than 0.5% to our country’s GDP, yet it is hard to think of any industry that will be affected more by Brexit, along with the rural communities that fishermen come from. How are the Government going to guarantee that our fishermen and their industry are not used as a bargaining chip in the Brexit negotiations?
My Lords, I say to the noble Baroness that the chief executive of the National Federation of Fishermen’s Organisations has said today that our giving withdrawal notice from the London fisheries convention,
“is welcome news and an important part of establishing the UK as an independent coastal state with sovereignty over its own exclusive economic zone”.
The noble Baroness says that the fisheries sector makes a small contribution to our GDP, but it contributes £1.3 billion to the economy, employs 34,600 people in 6,000 fishing vessels, and landed 708,000 tonnes of fish worth £775 million. To the coastal and fishing communities of this country, the United Kingdom, that is a very important consequence. I assure her and your Lordships that we will be very conscious of their interests.
(7 years, 2 months ago)
Lords ChamberMy Lords, as the noble Lord will know, from 2007 to 2013, the scheme was for Romanian and Bulgarian people who wished to come here. Obviously, there has been a scheme since after the Second World War, but that is precisely what it was. After 2013, there was full freedom of movement for those countries. There are 171,000 more EU nationals working in this country now than there were a year ago. The point is that there are many, very welcome EU nationals coming. Obviously, with the review that the Migration Advisory Committee is undertaking, we need to see what further work we need to do to ensure that we have labour to produce our very important produce.
My Lords, I live in Godalming, where we have one of the largest soft fruit farms in the country, employing 2,500 people. The owner has said that the business will collapse without access to EU workers. Does the Minister agree with me that retaining access to the single market is the best way to ensure that we have a future supply of affordable homegrown soft fruits?
My Lords, what will be essential to ensure that our wonderful produce is picked is that we have the labour force to do it. That is why the noble Lord, Lord Cunningham, is right: we need to review where we are, because there will be changed arrangements. Having met some people who are running a fruit farm, I am fully seized of the importance of the labour force that comes overwhelmingly from parts of eastern Europe, which we have very much welcomed and is so important in gathering in our harvest.