Environment Bill

Bill Wiggin Excerpts

Report stage & Report stage: House of Commons
Tuesday 26th January 2021 Commons Chamber

[Neil Parish]

In this second debate on the Environment Bill, I will speak to my amendment on air quality and in support of the amendment moved by the Opposition Front Bench.

The Environment, Food and Rural Affairs Committee has done three inquiries on air quality in the last five years, and we are just about to publish our new air quality report. We need cleaner air across the UK, particularly in the hotspots of our cities, to improve public health. The Government are starting to take this issue very seriously, and I am glad that we have a clean air strategy that aims to cut air pollution significantly.

I am also pleased that the Bill places a duty on the Government to set two air quality targets by October 2022, one of which is for particulate matter in ambient air. However, we can and should act sooner, with an ambitious target. PM_2.5 is one of the most dangerous particulates because of its size, which means that it can be deposited in our lungs. The covid-19 pandemic has also likely resulted in a new cohort of people with ongoing breathing problems who may be more vulnerable to the harmful effects of air pollution. That is why I tabled my amendment on PM_2.5. My amendment has cross-party support and seeks to put World Health Organisation guidelines for particulate matter into law, with an attainment deadline of 2030 at the latest. Ministers have said in the past that we should not accept such an amendment because we can be even more ambitious; so why not put the target in law today and then improve it afterwards, if we can do better?

It is important to work practically across the Government to improve air quality, because an ambitious target by itself is not going to fix the issue. In 2018, we did a Select Committee inquiry across four Select Committees to show how this issue can be solved by joined-up policy. DEFRA, the Ministry for Housing Communities and Local Government, the Department for Transport and the Treasury need to work closely on this issue, and I believe that they are starting to do so.

The Government are now investing huge amounts of money in greener transport including electric cars. I welcome the ban on the sale of new petrol and diesel cars by 2030. With more ultra-low emissions vehicles, we need more charging stations, rapid chargers and other incentives to build confidence and help people to switch over to electric cars in the next decade. Road transport is one of the biggest causes of poor air quality, so this will help to reduce nitrogen dioxide and nitric oxide in the air we breathe.

We also need more walking and cycling in urban areas, because it is not just the fuel that is dangerous, but tyre wear and brakes. That is why I am glad that more help is being given to local authorities so that they can plan and implement clean air zones. I know that Bath and North East Somerset Council is meant to be introducing a clean air zone in March, with Birmingham City Council doing the same in June. But in Bristol, for example, the Mayor has no control of the M32, which goes straight through the middle of the city, because it is run by Highways England. This is exactly why we need a joined-up approach across Government to solve the issue of poor air quality.

The Government should amend the Bill, and accept this cross-party amendment on air quality as it comes back in the next Session. We have done so much work to improve air quality and the environment already. I know that the Minister is passionate about this issue. Let us not go backwards. Let us go the extra mile and put ambitious air quality targets in law today.

[Bill Wiggin (North Herefordshire) (Con) [V]]

I tabled new clause 3 to draw attention to the environmental challenge and penalties facing Herefordshire. First, let me be absolutely clear: nobody wants to see more pollution or phosphates in the river—nobody. However, due to the levels of phosphate in the Wye, we have an ill thought out and ineffective housebuilding moratorium, imposed on us by a Dutch court through EU law. Implemented in October 2013, this moratorium was enacted to try to address the phosphate pollution in the Rivers Wye and Lugg. This is a serious issue that requires proper and effective action. It was hoped that Herefordshire Council, Natural England and the Environment Agency, and their Welsh equivalents, could come up with a tangible solution by which the threat could be stopped. After recent calls that I have had with these bodies, it is clear that there is still some way to go. I therefore tabled this new clause to have the subject heard in the House.

The threat of phosphates in watercourses is well known. Herefordshire is by no means alone, nor is it the worst polluted area in the country. Indeed, the river winds its way out of Powys into Herefordshire, then back into Monmouthshire where it forms the border with Gloucestershire, yet only Herefordshire has a moratorium. In the Environment Agency’s 2017 “State of the environment” report, 86% of English rivers had not reached good ecological status. High phosphate levels in the water can result in toxic algal blooms. These blooms deplete oxygen levels in the water by blocking out the light, resulting in fish and other organisms dying. The phosphates enter the watercourse through two primary means, the first being point source, where the main offender tends to be the sewage outlets—so called because it can generally be traced back to a wastewater pipe that is discharging into the river. The second means is diffuse sources, typically caused by run-off from agricultural land.

The ruling in Herefordshire occurred as a result of an EU legal case. On 7 November 2018, the Court of Justice of the European Union gave its judgment in two joined cases, which were related to the habitats directive and became known as the Dutch nitrogen case, or simply the Dutch case. The case in the Netherlands found that through their fertiliser application techniques, farmers were having a negative effect on EU-protected habitats. Assessments were required to be carried out to determine how to reverse and prevent further environmental damage. As a result of this ruling in a different country, Natural England updated its legal advice, which has since created significant problems for house builders in England, particularly those in Herefordshire.

This ruling has disproportionately affected the River Wye and the River Lugg. The Wye is a special area of conservation; the Lugg is a tributary of the Wye, and is designated as a site of special scientific interest. The Wye is the fourth longest river in England, and is home to plants such as water-crowfoot and wonderful Atlantic salmon stocks. It is a wonderful river that we need to protect for the future, and the way that that is being done at the moment is ineffective. It is by no means the worst-performing river in the country when it comes to phosphate pollution, and this problem can and must be solved. We have had meetings with the council, the Environment Agency, and Natural England and its Welsh equivalents. We need collaboration, and we need to make sure that the Government will support an improvement to the phosphate levels so that we can get our river back to where it needs to be.

[Dr James Davies (Vale of Clwyd) (Con) [V]]

It is a pleasure to follow my hon. Friend the Member for North Herefordshire (Bill Wiggin). As I indicated on Second Reading in February last year, I very much support the Bill and the focus that the Government are placing on our environment.

In February, I referred to flooding that had recently occurred in my constituency. Very regrettably, I must report that the heavy rainfall of Storm Christoph has brought further disruption to local residents and businesses. Last Wednesday, high waters flowing down the River Clwyd destroyed the 19th-century Llanerch bridge, connecting Trefnant and Tremeirchion. I have already raised the issue of that bridge’s future with my hon. Friend the Minister, the local authority, and the Welsh historic environment service, Cadw. Such devastating events highlight the need for serious consideration of issues relating to water management. Increasing the responsibility of water companies and local authorities to plan how to manage flood risk more effectively is one way to reduce the impact of future floods, and I ask the Government to seriously consider the value of amendment 42, tabled by my hon. Friend the Member for Broxbourne (Sir Charles Walker).

I am pleased that the Bill further contributes to the Government’s commitment to tackle air pollution. Clean air zones and the clean air strategy are important, as are the provisions in this Bill, but I believe that more can, and perhaps should, be done. A number of amendments that have been tabled seek to push the Government to improve air quality, including new clause 6 and amendment 2. The legal duty set out in the Bill to set a target for concentrations of the fine particulate matter known as PM_2.5 could reduce the 36,000 annual deaths in Britain, primarily through cardiovascular and respiratory disease, that are linked to air pollution. Air quality will improve as a consequence of our national move towards net zero by 2050, but setting a bold target can act as an important driver in the interim.

Environment Bill

Bill Wiggin Excerpts

Report stage & 3rd reading
Wednesday 26th May 2021 Commons Chamber

[Deidre Brock (Edinburgh North and Leith) (SNP) [V]]

Mr Speaker, you might recall that there used to be a TV game show called “Bullseye”, in which the legendary Jim Bowen consoled failed contestants with that cruellest of catchphrases, “Let’s have a look at what you could have won.” As we come to the end of the long process of this Environment Bill, a lot of folk might be thinking that it was Jim Bowen presenting it.

I will be as generous as I can and say that there were good intentions behind the Bill, or at least the stated intentions were good back when it appeared many, many moons ago. There was admirable ambition to enshrine environmental protections in law, to set proper targets and to establish the Office for Environmental Protection—high aims, except those rules would not apply to one of the most polluting and environmentally damaging parts of the state, the military. They also would not apply to anything that might be classed as national security or taxation or spending. Those are pretty big areas of government: if taxation and the allocation of resources are exempted, a massive part of governance will walk happily by without casting a glance in the direction of the environmental protection regulations.

Then of course in the Bill’s Committee stage the Government introduced amendments and new clauses that limited the power of the Office for Environmental Protection to take enforcement action, creating thresholds for reviews, moving the review from tribunal to court, limiting the OEP’s power to intervene in judicial reviews brought by others, and imposing even greater limitations on its own power to initiate judicial reviews. To top that off, Ministers took the power to be able to direct the OEP on what it should be enforcing. It has gone from a powerful and independent body to a mere arm of the Government before it is even born—a bit sad, really.

There are still things to be welcomed, however, the setting of a species recovery target being one. It should be a declaration of intent—a commitment to reversing some of the harm that has been done—but it needs clarifying and it needs political will behind it to get to any kind of a delivery phase. It also needs cash—plenty up front to get it started, as well as an ongoing commitment to keep funding the work.

We have seen what has happened to Natural England: how the funding cuts stripped that body of its ability to do its job; how its feet got cut away from under it; how a decade of austerity has rendered it unable to function properly. Budget cuts have led to pay cuts, cuts in grants, cuts in staff numbers and cuts in assessed programmes. That is a terrible way to treat staff—a horrendous betrayal of their loyalty and hard work—and I hope Ministers, and those hoping one day to replace them, think on that. Natural England’s Government funding was cut by two thirds between 2010 and last year. Staff numbers have gone down by a quarter since 2010 and those who remain have seen real-terms pay cuts. The ability of the agency to do its work is compromised, if not fatally damaged. Its recovery, if it can recover, would depend on substantial investment in cash and in political capital, but, given how the Office for Environmental Protection has been gutted even before it has been created, I cannot see much hope for Natural England. Perhaps the Minister can tell us in her closing remarks how that will pan out.

This is almost entirely England’s problem of course, because it is England’s Government failing on the environment and this Bill is largely an English Bill, but what is done in England affects Scotland in many ways, including funding, because we are stuck in this constricting Union, for the moment at least. I would be happy to see England sort it out for Scotland’s sake, but even more so for the sake of the environment.

We will, however, of course all be in agreement with amendment 26; who in Parliament would ever think it appropriate to go taking the resources of other peoples and lands without the consent of those peoples? Such pillaging of communities should be beyond the pale.

The UK Government could just for once look to Scotland and the initiatives a Government who are ambitious for their citizens and mindful of their duty to protect and improve our environment can legislate for, such as our commitments to active travel and the restoration of our peatlands, our deposit return scheme soon to be implemented, further planting of new woodlands, implementation of the WHO recommendations on PM_2.5 on air pollution, creation of the largest green space project in Europe, the central Scotland green network, and much, much more, with green recovery placed at the heart of successive policy publications: actions rather than just words.

Even in this year when COP26 is to be hosted in Glasgow, the commitment of the UK Government to sorting out some of the mess is minimal if it exists at all. France managed to create the Paris agreement when it headed the conference of the parties; the UK is busy greenwashing what it can and dismantling the rest. Biden is doing the work the UK Government should be doing: dragging commitments out of other Governments. The UK Government like to pretend that the UK is a world leader, but it cannot even lead a conference.

There are elements missing from the Bill that will have to be addressed in the near future, including the lack of clear and binding plans to reduce waste. The World Health Organisation guidelines on particulate levels reduction are missing, and there is nothing on plastic pollution—many public bodies are exempt from the law. I have already mentioned the military and anything that can be covered by the nebulous national security definition, but there are plenty of other examples. To spare the blood pressure of the ardent Brexiteers, I promise I will not mention the rolling back on existing EU protections, but it is there. As the EU continues to press ahead, keeping to environmental protections that the UK’s Environment Secretary described as “spirit-crushing”, the UK will fall behind.

Protecting the environment and making some progress on addressing the climate emergency takes effort, fortitude and a bit of guts to tackle the unpopular things that need to be done. I do not see any evidence of that kind of grit in Whitehall and that is a great shame. Jim Bowen never had the environment behind that screen, but I cannot help reflecting on the fact that this should have been a big win, but is instead a sorry look at what we have not won.

[Bill Wiggin (North Herefordshire) (Con)]

I tabled new clause 2 to address the proposed general licensing requirements for the release of game birds and the environmental benefits of shooting. A campaign group named Wild Justice is repeatedly challenging DEFRA. As a result, Natural England must make assessments of the potential damage to EU-protected sites before granting licences for the release of game species. The proposed assessments are intended to take years to achieve, thus halting the granting of licences. The new clause would shift the requirement for Natural England from mandatory assessments to doing them on a common-sense, case-by-case basis.

Campaign groups such as Wild Justice would like to end all country sports. Often fuelled by emotive and ill-informed rhetoric, such campaigns do not recognise the importance to the environment of country sports and their contribution to not only the rural economy but the conservation of land. The gross value added of shooting stands at £1.7 billion in England and £2 billion in the United Kingdom—£240 million in the west midlands alone. Shooting adds 350,000 direct paid jobs to the market and accounts for 10% of the total amount spent on outdoor recreation each year.

Every year, 3.9 million work days are spent on conservation —the equivalent of 16,000 full-time conservation jobs. Up to 700,000 hectares of farm land are planted with wild bird seed mixes and pollinator strips as a result of game bird management. That is five times greater than the land owned by the Royal Society for the Protection of Birds.

Game shooting estates often have 65% more hedgerows than normal farm land. Most statistics show that the sport is not the preserve of the elite: figures from 31 March show that 159,483 firearms certificates and 567,358 shotgun certificates were on issue in England and Wales. That means that at least 1.6 million people are shooting in the UK.

Pheasants have been in the UK continually for the last 2,000 years. Their release, management and subsequent hunting predates all site protections. Indeed, game bird release and management have largely been responsible for the existence of sites of high nature value that are worth protecting. Some 28% of woodlands in England are managed to some extent for game birds—more than are managed for nature conservation. We therefore need to do considerably more to ensure that, if the new clause does not suit the Minister exactly, such provisions are taken on board.

Natural England has two tools to monitor sites: the improvement programme for England’s Natura 2000 sites—IPENS—and a designated sites view, or DSV. The latter identified game bird release as causing an impact across seven sites of special scientific interest—the equivalent of 134 hectares. For context, England’s SSSI network covers 4,100 sites and that is more than 1 million hectares. The worst impacts on nature, unfortunately, are caused by dogs and walkers, and nobody wants to see them campaigned against, so I hope that DEFRA will adopt the gist of this amendment to protect itself—

[Mr Speaker]

Order. I call Kerry McCarthy.

--- Later in debate ---

[Bill Wiggin]

I ran out of time.

[Kerry McCarthy]

Yes, well, perhaps the hon. Gentleman can come back for the next debate and make an intervention to show that he supports that amendment. [Interruption.] He can intervene on me, of course.

I would like to speak primarily in favour of amendments 26 and 27, tabled by the hon. Member for Tiverton and Honiton (Neil Parish); I believe that birthday congratulations are in order today. Deforestation, which destroys vital carbon stores and natural habitats, is both one of the central drivers of the climate emergency and a driver of the devastating decline in biodiversity. As we have heard, it also plays a role in displacing people from their land and leads to modern slavery and exploitative working practices. It is clear that we need a no-tolerance approach to any deforestation in our supply chains, legal or illegal.

The Bill comes before us in a slightly better state than its many previous incarnations due to the Government’s new proposals on due diligence in deforestation, but unfortunately they fall far short of what is needed. The primary issue is that they act only to eliminate illegal deforestation. That ignores the fact that some nations, most notably Bolsonaro’s Brazil, are chipping away at legal protections on deforestation and enforcement mechanisms to identify and prevent it. For instance, the Brazilian Parliament is set to approve new legislation dubbed “the destruction package” that will accelerate deforestation in the Amazon by providing an amnesty to land grabbers and allowing deforestation on indigenous lands for major construction projects. Preliminary WWF research shows that 2 million hectares of forest and natural ecosystems could be legally deforested in the Brazilian territories that supply soya to the UK.

This Bill is a unique opportunity to send a message to those states that fail to act to protect our planet. That is why I urge the Government to think again and to strengthen their proposals to include legal deforestation to show true climate leadership ahead of COP26. I am sure that, if we do not accept these amendments today, the noble peers in the other place will have strong words to say about that, and I hope they will send the Bill back to us suitably amended.

Amendment 27 would prevent financial services from working with firms linked to illegal forest-risk commodities. We cannot claim to be tough on deforestation if we allow British financial institutions to support firms linked to it. These damaging investments are deeply embedded in our economy and sometimes even in our own personal finances. Shocking analysis from Feedback published today shows that even the parliamentary pension fund has investments in companies such as JBS Investments that have been repeatedly linked to deforestation. It is not good that we are being drawn into complicity in this situation through our parliamentary pension fund. I therefore hope the Government will accept these amendments and begin to show global leadership.

I very much support the amendments tabled by my hon. Friends on the Labour Front Bench, including new clause 25 calling on the Government to prepare a tree strategy for England. We are trying to do this in Bristol in terms of doubling the tree canopy and with our One City ecological emergency strategy, which I encourage other cities and towns to emulate. I also support amendment 22, which would embed the net gain of habitats in perpetuity. I urge colleagues across the House to accept these amendments. If we fail to do that today, as I said, I am sure that the noble Lords in the other place will take up these causes with their customary vigour.