Retained EU Law (Revocation and Reform) Bill

Caroline Lucas Excerpts

Report stage
Wednesday 18th January 2023 Commons Chamber

[Ms Ghani]

My right hon. Friend raises a very important issue. As it is sensitive, he must allow me a moment to ensure that my response is accurate. The UK Government are committed to ensuring that the necessary legislation is in place to uphold the UK’s international obligations, including the Northern Ireland protocol and the trade and co-operation agreement after the sunset date. The Bill will not alter the rights of EU nations that are protected, or eligible to be protected, by the relevant provisions in the Northern Ireland protocol. The Bill contains provisions that, when exercised appropriately, will ensure the continued implementation of our international obligations, including the Northern Ireland protocol.

It is our preference to resolve the Northern Ireland protocol issue through talks. The Government are engaging in constructive dialogue with the EU to find solutions to these problems. I must put on record that officials have been working with officials in Northern Ireland for the last 18 months. We know how important and sensitive this issue is.

[Caroline Lucas (Brighton, Pavilion) (Green)]

rose—

[Ms Ghani]

I will just make a little progress before I take more interventions.

I cannot stress enough the importance of achieving the deadline. The retained EU law was never intended to sit on the statute books indefinitely. On 31 January last year the Government announced plans to bring forward the Bill, which is the culmination of the Government’s work to untangle ourselves from decades of EU membership. It will permit the creation of a more agile, innovative and UK-specific regulatory approach, benefiting people and businesses across the UK.

It is a priority of the Government that the United Kingdom will be the best place to start and grow a business. The Bill contains powers that will allow us to make good on that promise. It will allow outdated and often undemocratic retained EU law to be amended, repealed or replaced more quickly and easily than before. It will remove burdens on business and create a more agile and sustainable legislative framework to boost economic growth.

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[Ms Ghani]

Absolutely. We on this side of the House have done a tremendous amount of work that did not require us to be directed by bureaucrats in Brussels. This gives me a great opportunity to point out all the fantastic work that we have achieved.

First of all, I must just say again that we will be maintaining and enhancing environmental standards. I want to touch on a list of things that we have achieved, especially on animal welfare, which has been a huge priority for Government Members. We have had the Animal Welfare (Sentencing) Act 2021 and the Animal Welfare (Sentience) Act 2022. Since 2010, we have had new regulations on minimum standards for meat and chickens, banned the use of conventional battery cages for laying hens, made CCTV mandatory in slaughterhouses in England, made microchipping mandatory for dogs in 2015, modernised our licensing system for a range of activities such as dog breeding and pet sales, protected service animals via Finn’s law, banned the commercial third-party sale of puppies and kittens via Lucy’s law, passed the Wild Animals in Circuses Act 2019 and led work to implement humane trapping standards. Our Animal Welfare (Kept Animals) Bill will further the rights of animals outside the EU, including the banning of export of live animals for slaughter and fattening. It is remarkable how much we can achieve when we are left to our own devices.

[Caroline Lucas]

rose—

[Hilary Benn (Leeds Central) (Lab)]

rose—

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[Ms Ghani]

I would not want to misrepresent my right hon. Friend’s position. The point I was making was that Opposition Members who have complained about the Bill have a particular position that has been long held because of the outcome of the vote that took place.

We believe it is right that the public should know how much legislation there is derived from the EU, and know about the progress the Government are making. For that reason, we have published a public dashboard—perhaps colleagues would like to go on to the site for a moment—containing a list of UK Government retained EU law. The site will also document the Government’s progress on reforming retained EU law and will be updated regularly to reflect plans and actions taken. It will be updated again this month. I was slightly inaccurate earlier: there have in fact been 148,727 visitors to that site. It is not as if people are in the dark. There are many opportunities to be aware of what we are doing.

[Caroline Lucas]

rose—

[Ms Ghani]

I will give way to the hon. Lady because she has been so patient.

[Caroline Lucas]

I am grateful to the Minister for finally giving way. She is suggesting that those of us who oppose the Bill are opposing it for some kind of ideological reason. I draw her attention to the words of the chair of the Office for Environmental Protection, who herself said:

“Worryingly, the Bill does not offer any safety net, there is no requirement to maintain existing levels of environmental protection”.

Not only that, there is actually a requirement not to go on and make the legislation stronger. That is written into the Bill.

On the issue of certainty, I do not know how the Minister can stand there and pretend that this is about certainty when businesses have no idea which laws will be in or out and when she does not know how many laws are on her dashboard.

On democracy, when we were in the European Union we at least had Members of the European Parliament who had a say over these things. When the laws come back here, we have no say over them at all; it is all with Ministers. Is that what she means when she says this is supposed to be a good Bill that is full of opportunities from Brexit?

[Ms Ghani]

The hon. Lady has got the meme for her Facebook page. Unfortunately, she wholly misrepresents what the Bill is doing. Environmental standards will be maintained or enhanced. At the moment, the laws that come down from Brussels on the environment and land cover everything from the Arctic to the Mediterranean. This Bill is a great opportunity to maintain, to enhance and to review what more we can do to make things better for our environment across the UK. We already have flagship legislation in place: the Environment Act 2021, the Fisheries Act 2020 and the Agriculture Act 2020. The Office for Environmental Protection has been fully established to enforce those elevated environmental rules and standards. The water framework directive covers our water. Instead of misrepresenting what the Bill does, why not take the opportunity to ensure that we enhance provision for what we are not maintaining?

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[Justin Madders]

That probably takes us slightly away from the thrust of the Bill. But what is this Government’s record on employment rights? They doubled the time to be able to qualify to claim unfair dismissal, taking millions of people out of being able to claim that right. They slashed the consultation periods for people on redundancy. They introduced employment tribunal fees. Their record on employment protection is not a good one. There is a whole back catalogue of Ministers and Cabinet Ministers saying why they want to get rid of these burdensome employment rights. We are right to be worried about where this is all heading.

[Caroline Lucas]

The hon. Member is being generous and making a powerful case. Does he share my concern that, for all the rhetoric and green wash coming from the Government when they say that this is about keeping high standards, that is completely undermined by a clear clause in the Bill that states that, while Members can replace laws with alternative provisions, those cannot “increase the regulatory burden”. That is clear—it is in black and white. The Bill is an absolute ideological attack on safety and on environmental standards—on the things that keep us safe and our planet safe as well.

[Justin Madders]

The hon. Member is right. I shall come back to that in a little while.

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[Caroline Lucas]

Is it not also the case that, as far as we are aware, the perception of environmental legislation held by the right hon. Member for North East Somerset tends to be very much a narrow thing about habitats, water and so forth? It does not include things like product standards, chemical regulation or efficiency standards, for example, all of which might not necessarily be dealt with by DEFRA but which absolutely affect us every day of our lives.

[Alex Sobel]

There is a point about REACH—the EU regulation concerning the registration, evaluation, authorisation and restriction of chemicals—which was mentioned in the Bill Committee, but I want to give other Members time to make their speeches, so I will take on the hon. Lady’s points and I am sure others will pick them up later in the debate.

Oral Answers to Questions

Caroline Lucas Excerpts

Tuesday 29th November 2022 Commons Chamber

[Kevin Hollinrake]

I am grateful to my hon. Friend for standing up for his constituency businesses; I hope he is supporting Small Business Saturday this weekend, as I am sure hon. Members across the House will be. It is absolutely right that we are supporting businesses through these difficult times with the energy bill relief scheme and the £13.6 billion of rates support that they will see over the next five years, but we will continue to look at the needs of business to ensure that we have the right measures in place.

[Caroline Lucas (Brighton, Pavilion) (Green)]

The Rosebank oilfield would produce more than 200 million tonnes of CO₂ when burned, which is equivalent to running 58 coal-fired power stations for a year and more than the combined annual emissions of 28 low-income countries. How does that make any sense in a world where heating needs to be constrained to below 1.5°?

[Graham Stuart]

Our use of oil and gas in this country is falling as part of our pathway to net zero. It is usage that drives the burning of oil and gas, and it is on the downward pathway. Producing our own oil and gas when we will be burning it on our net zero pathway domestically is sensible. It is good for Scottish jobs—although sadly opposed by the Scottish nationalists—it is good for the British economy and it is entirely net zero compliant. That is why we will continue to manage the mature and declining basin that is the North sea.

Energy Security

Caroline Lucas Excerpts

Tuesday 29th November 2022 Commons Chamber

[Grant Shapps]

My hon. Friend is absolutely right. Floating offshore wind is an interesting development, and we are actively looking at it and working on it with a whole load of industry partners. She can expect some exciting information in this area in the future.

[Caroline Lucas (Brighton, Pavilion) (Green)]

As a student of 16th-century literature, I enjoyed the Secretary of State’s Shakespearian rhetoric, but I am frankly staggered that he can possibly think that Sizewell C is cheaper—cheaper than what? It is massively costly. The RAB funding model basically means that consumers end up paying twice: once towards the cost of construction to lower the cost of borrowing, and again for more costly energy. The Secretary of State will know that no nuclear power station in the world has been built to time and to budget. He has asked what we do on windy days: may I suggest more interconnectors, far more solar—including ground-based solar—flexible energy demand systems, onshore wind, energy storage, tidals, and the mass energy efficiency and insulation programme that this Government are still failing to deliver?

[Grant Shapps]

One would think the Green party would welcome 43% of our power being renewable, done under a Conservative Government. On Sizewell C, she asks what it is cheaper than; I will tell her—it is cheaper than being subject to Putin’s invasion of Ukraine.

COP27

Caroline Lucas Excerpts

Monday 21st November 2022 Commons Chamber

[Caroline Lucas (Brighton, Pavilion) (Green)]

(Urgent Question): To ask the Secretary of State for Business, Energy and Industrial Strategy if he will make a statement on the outcome of COP27.

[The Minister for Industry and Investment Security (Ms Nusrat Ghani)]

After COP26, we were able to say with credibility that we kept the pulse of 1.5° alive. Recent reports from the UN show that even in extremely challenging economic and geopolitical contexts, the Glasgow climate pact is working and we have made some progress. For the first time ever, global energy policies are strong enough for fossil fuel use within this decade to peak if they are implemented. I know that the whole House will join me in paying tribute to my right hon. Friend the Member for Reading West (Alok Sharma) for his inspirational leadership as President of COP26 and for his role during COP27.

At the G20, which was attended by the UK Prime Minister, leaders agreed to implement fully the Glasgow climate pact commitments to limit global warming to 1.5° and to accelerate coal phase-down and the transition to clean energy. The Glasgow climate pact remains the blueprint for accelerating climate action in this critical decade. With a difficult winter ahead of us all, more than 100 leaders arrived at the beginning of COP27. The Prime Minister pledged to speed up the transition to renewables, create new high-wage jobs, protect UK energy security and deliver on net zero. He chaired a high-level meeting on forests and announced new support for climate-vulnerable countries. The negotiations concluded in the early hours of yesterday morning, and the Minister for Climate and the previous COP President are both on their way back.

The progress made on loss and damage at COP27 is significant. It has the potential to support the most vulnerable and to increase that support in future. We had to fight to keep 1.5° alive, but the deal in Egypt preserves the historic commitments that countries agreed to last year in the Glasgow climate pact. As the Prime Minister said yesterday, we

“welcome the progress made at COP27, but there can be no time for complacency.”

Continuing to drive global ambition and the implementation of net zero commitments is vital to the future of our planet. More must be done.

[Caroline Lucas]

My first question is: why on earth was this not a Government statement? Why on earth have we had to drag a Minister here to answer an urgent question? Lovely as it is to see the Minister at the Dispatch Box, the subject is not even a central issue in her ministerial brief, as far as I am aware. She mentioned the Prime Minister’s statement at the end of the summit, but it was a 33-word tweet. That is just outrageous after such an important moment.

On loss and damage, the agreement at COP27 on a new finance facility is an historic step forward for climate justice, but to ensure that it does not just become another broken promise, it must be functional and properly resourced. First, what steps will the Government take to support its establishment and ensure that it is adequately funded with grants to help countries rebuild when disasters hit? Secondly, how much will the Government commit, and when, to specific funding for loss and damage—new funding, additional to existing finance? The £5 million already committed to the Santiago Network is for technical support, let us remember, and comes out of the UK’s already dwindling official development assistance budget. Thirdly, will the Minister support innovative sources of funding, particularly Prime Minister Mia Mottley’s Bridgetown initiative?

The final agreement from the summit fails to commit to India’s proposal to phase out all fossil fuels. Does the Minister recognise that in order to keep 1.5° alive and show any credible climate leadership on the world stage, our Government must urgently address their own climate policies? Will the Minister now reject the Rosebank oilfield and rule out any new oil and gas in the North sea? How will the Government maintain the high-level political engagement required to continue to push the COP process forward, given that the UK’s presidency is ending and nobody in Cabinet appears to be leading? Do we not need a special prime ministerial envoy?

Lastly, in his statement on 9 November about COP27, the Prime Minister said:

“With the Egyptian President, I raised the case of the British-Egyptian citizen Alaa Abd el-Fattah.”—[Official Report, 9 November 2022; Vol. 722, c. 260.]

Alaa has faced intimidation, has suffered fainting fits and mental breakdowns, and is currently on suicide watch, yet it seems that the Government are standing idly by. Will they now listen to John Casson, the former ambassador to Cairo, who has said that the time for “polite requests” is over? We need action now.

[Ms Ghani]

There are so many important questions there, but as I have said, the fundamental negotiations concluded just yesterday and both the previous COP President and the Minister for Climate are on their way back—it takes a bit of time to get from Egypt to Westminster. The Climate Minister was indeed prepared to offer a statement tomorrow, but the hon. Lady secured a UQ and here we are.

As for providing a fund, COP27 agreed to establish a fund, which was negotiated just yesterday, to respond to loss and damage as part of the wider funding arrangements to mobilise support. The UK’s view is that discussions should consider the widest possible sources of contributions, which will be fleshed out in further negotiations. The UK commitment of £11.6 billion to support that commitment continues, and support will continue for the most vulnerable, who are experiencing the worst impacts of climate change. We will also triple our funding for adaptation, to reach £1.5 billion a year in 2025.

The hon. Lady also talked about new oil and gas licences. The UK remains fully committed to its COP promises, as well as our domestic climate commitments, including the UK’s target to reach net zero by 2050 and to phase out coal by 2024. In the near term, our priority is keeping our domestic production online to help the UK through what could be a difficult winter.

We achieved so much at COP26 in Glasgow, under the leadership of our very own COP26 President. When the UK took on the presidency, just one third of the global economy was committed to net zero. Today that figure is 90%. There is no time to be complacent, but we will continue to campaign, as we always have done, and continue to be leaders in this field.

I want to take a moment to raise the issue of Alaa Abd el-Fattah—and to make sure that my words are accurate, because I know that words matter at the Dispatch Box when we are dealing with this particular issue. Alaa Abd el-Fattah’s family and the UK Government have concerns for his welfare. The FCDO made a statement at the time of the verdict, noting:

“We do not consider this outcome consistent with recent positive steps to improve human rights”.

During COP27, the PM raised the issues of imprisoned writer Alaa Abd el-Fattah with President Sisi and resolving the consular issue. I do not have any further details on that right now, but I know that those words will be incredibly impactful.

Oral Answers to Questions

Caroline Lucas Excerpts

Tuesday 25th October 2022 Commons Chamber

[Mr Rees-Mogg]

My hon. Friend is quite right to raise this. Full details of the help available to consumers can be found on the Government’s Help for Households website, which people can get to from the gov.uk website. That covers my Department’s extensive energy support package and the additional help available, including through the Department for Work and Pensions, such as income support. In addition to the Help for Households site, we are communicating information on the support available to help with energy bills through suppliers, consumer groups and charities—and, it has to be said, through first-class MPs running events in their constituencies, who ensure that this happens—as well as through the media and

[Caroline Lucas (Brighton, Pavilion) (Green)]

When Chancellor, our new Prime Minister spent precious months dragging his heels on energy efficiency, and now our fourth Chancellor this year scrambles with a Treasury-led review of the issue. We do not need more reviews to conclude that a paltry £1 billion extension to the energy company obligation falls far short of what is needed. Will the Secretary of State accept that to keep the UK’s homes warm and bills affordable for the long term, we need at the very least a further emergency investment of £3.6 billion over the rest of this Parliament, to kick-start the hugely needed nationwide home insulation programme that people are calling for?

[Mr Rees-Mogg]

There are focused and targeted schemes to help with energy insulation. The hon. Lady pooh-poohs £1 billion, but £1 billion is serious money, and it is going to help the households in the greatest need. A lot of work is being done with social housing landlords, but there are things people can do that lower the cost of their energy without causing any lack of warmth, such as turning down the boiler flow temperature, which almost all households can do. That will be a saving for them on the cost of energy and will make their heating more affordable; it will save energy but also reduce bills.

Retained EU Law (Revocation and Reform) Bill

Caroline Lucas Excerpts

2nd reading
Tuesday 25th October 2022 Commons Chamber

[Dean Russell]

I thank my hon. Friend and applaud the briefing that the CEN gave Members earlier today. Ultimately, this is about making sure that we are the best place in the world to live. On meetings, I assure him that we will engage widely—including with Opposition Members—and deliver on those promises. We will use the powers in the Bill to ensure that our environmental law is functioning and able to drive improved environmental outcomes, with the UK continuing to be a world leader in environmental protection.

[Caroline Lucas (Brighton, Pavilion) (Green)]

The Minister said earlier that the Bill was proportionate, but that is exactly what it is not, particularly given the sunset clause that means that DEFRA will have to go through revising and amending more than one piece of law a day between now and the end of next year. It is not proportionate; it is indiscriminate. It is also ideologically driven. Does he agree that DEFRA staff have better things to be doing, given that they are already late on the river basins management programme and the 25-year environment plan, and that the idea that the Department has the staff and resources to do that is irresponsible?

[Dean Russell]

I totally disagree, but I thank the hon. Lady for the intervention. Let me remind her that the Conservatives were the green party before the Green party. We are the party of the environment and will continue to be so. We were the party that made sure that businesses will not be able to put sewage in our waters, despite many Opposition Members making out that we voted for sewage. We did not—we made absolutely made sure that we are protecting our waterways. We are protecting our green fields and our land from top to bottom.

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[Jonathan Reynolds]

My hon. Friend is absolutely correct. The retained EU law dashboard, although useful, is not and never has been a comprehensive list of all the retained law that this Bill affects—[Interruption.] Government Members say that they never said it was. It does not clearly distinguish where retained EU law has been devolved, much to the frustration of the Welsh and Scottish Governments. However, it still lists more than 2,400 sources of law. If the Government want to put a blanket sunset clause on all of this, should they not be able to list exactly what is covered?

The practical case that the Government have put forward for the sunset clause is that they cannot find the time to use primary legislation to amend these laws. Why not? The Government have a majority of 70, at least for the time being. Where the law needs to be changed, what is preventing the Government from doing so? The fear is that what they really want to do is to reduce key regulations entirely, which brings me to my next point—that the Bill poses a threat to core British rights and protections.

There is no question but that the scale of the Bill is large. The policy areas affected cover not only employment law, but environmental protection, consumer protection, agriculture, fisheries, transport, data protection and much, much more. That is why a huge variety of organisations, from the TUC to the RSPB, have signalled their alarm. I am sure that Members on both sides of the House will raise their own worries about those issues during the debate.

The situation in relation to employment law is particularly alarming. Most of the UK’s core labour law protections are contained in regulations originally made under section 2 of the European Communities Act 1972, rather than in primary legislation. They are not cumbersome red tape; they are things that British workers expect, including the Working Time Regulations 1998, the Maternity and Parental Leave etc. Regulations 1999, the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. On all of them, the Government are saying, “Trust us.” Why should we?

This is a Government who have not kept their promise of an employment Bill to ensure workers’ rights post Brexit and who do not keep their manifesto promises at all. This is a Government in which we do not know who will be in each job from one week to the next—and I wrote that bit before the right hon. Member for North East Somerset (Mr Rees-Mogg) resigned as Secretary of State for Business, Energy and Industrial Strategy a few hours ago. I am afraid that we cannot in good conscience hand the Government powers to arbitrarily decide matters that are of fundamental importance to the lives of working people in this country, not least because we have no idea whether any Ministers will still be in position in 24 hours, let alone 12 months.

Under the terms of the Government’s trade and co-operation agreement, the UK must maintain a level playing field with the single market. Such provisions are important to the UK: they protect against a global race to the bottom in standards and protections. We can only guess how the Government will use these powers, but the powers in the Bill are clearly deregulatory in tone.

This goes to the heart of the Conservative party’s simplistic and inaccurate understanding of regulation. When I ask a business what attracts it to invest in the UK, good regulators are always on the list. Businesses simply do not want the fantasy deregulatory agenda that lives only in the mind of so many Tory MPs. After the events of the past month, in which the financial markets themselves rejected the Conservative party’s allegedly pro-market agenda, I would have hoped for a little more wisdom and insight from the Government, but unfortunately I doubt that that will be forthcoming.

Finally, there is the issue of how Parliament will go about changing the law in future. The Government have already been severely criticised for how little power they have returned to Parliament since we left the European Union, and the Bill continues that approach. The use of negative statutory instruments, so that MPs have to actively object to prevent something from becoming law, is very poor practice indeed. When it comes to future proposals, the use of a sunset clause to cover such a large and complex body of law effectively puts a gun to Parliament’s head. Anyone who wishes to scrutinise or object to any future legislation replacing retained law will be taking a gamble, because unless that legislation is passed in time, the current law in its entirety will simply fall away. That is not conducive to good laws being made.

The obvious question is “Why not proceed on a policy-by-policy basis or, if appropriate, a sector-by-sector basis?” As we have already discovered, the Financial Services and Markets Bill does exactly that. Why not bring forward positive replacement proposals where the law needs to change or where something can be done better?

The fact is that this Government are out of ideas. They are more intent on their own survival than on putting in place the positive changes that we need. At a time when the British people are crying out for stable, competent government by a Government who recognise that economic growth comes from working people and businesses and from stability and certainty, not from the fantasy economics of the Conservative party, the Bill is not just wide of the mark, but wantonly destructive.

[Caroline Lucas]

The hon. Member is giving a powerful speech. On environmental regulation, does he agree that this could be a very good test of the credibility of the Office for Environmental Protection? If the Government really are assured that there is no environmental risk, they should have no worries at all about referring the Bill to it. The OEP is already deeply worried about the workload in the Department for Environment, Food and Rural Affairs and about the number of pieces of legislation that should be coming forward but are not.

[Jonathan Reynolds]

The hon. Member makes a very good point. Unfortunately, we know that the Government do not like independent assessment of their choices. They believe that they can simultaneously deliver the promises made on net zero and bring back fracking. Some independent verification would be very welcome indeed.

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[Rebecca Pow]

I am obviously not party to all these things, but I believe the COP26 President is just not attending Cabinet but is keeping his position, and rightly so.

I was touching on our environmental record, and I know that the Minister for Climate certainly understands the need to uphold this record. We are a global leader on this, which is very appropriate with COP27 coming up. We cannot be seen to be backtracking on things on which we are actually considered to be a global leader. That is why we need to show that we can uphold our environmental protections, while also being able to grow the economy, as is necessary in what are very challenging times. In my view, there should not be any kind of conflict between having a fully functioning ecosystem and a growing economy, with secure food supplies and, indeed, increasing food production. It is quite possible to make it all work.

We have set a legally binding target to halt the decline of species abundance—basically nature—by 2030 and to start to bend that curve, but I would be the first person to say, and perhaps the right hon. Member for Leeds Central might agree, that while we have had environmental protections, they have not actually done a great job in protecting our nature. We have had a massive nature crash in this country, and that is what we have to sort out. We need to look at some of our system of protection and make it work better. We do not need to undermine what we are doing; we need it to function better for the UK.

[Caroline Lucas]

rose—

[Rebecca Pow]

I will press on because I think I will be under pressure—I will perhaps give way in a minute.

We have set a whole framework, and we need our protections to help that work to restore our nature. We must get those protections and the regulations enforcing them right. The Environment Act 2021 creates that framework, requiring Ministers to set long-term targets for environmental improvements, to set out policies to meet them, and to report annually on the delivery of those targets that relate to waste, air, nature, water and biodiversity. By the end of this week, on 31 October, the Government should be reporting back on the targets. Those have been widely consulted on, and I urge the new DEFRA team to publish them. They will be an important indication that we mean business on restoring nature, and business on our biodiversity net gain measures, which all developers know are coming down the tracks.

I mention that because it highlights the huge amount of work that DEFRA already has on its plate to tackle these things, and having to do a major review of hundreds of pieces of EU-derived legislation could put it under a great deal more strain. There are something like 572 laws relating to the DEFRA portfolio, whether that is sewage pollution, waste, water, air or pesticides. I know it is a good Department with some great officials, but fifteen months is a pretty short time to wade through that legislation. There is scope in the Bill to extend that sunset clause to 2026 if necessary, and I urge that door to be kept open, and for us to be realistic about this. If the right position has not been found by 2023—some of these things are pretty complicated—and if more engagement would be appropriate, I ask Ministers seriously to consider extending that sunset clause. No one is saying, “Don’t look at the regulations,” but we need that door to be open.

On the habitats directive, I urge Ministers to look at the nature recovery Green Paper that DEFRA undertook while I had the honour of being environment Minister. A whole team was considering proposals to streamline and consolidate site designations, to provide more certainty and predictability for developers—they had input into that—planners, and consultants. A whole range of people were asked to come up with some thoughts on getting a more strategic approach for tackling pressures on our protected sites. We have already done that for the infamous great crested newt, which is often cited as a reason for holding up planning applications. There is now a good plan for working strategically with our newts, with mitigations and compensations and so on, and it is working well. I urge the DEFRA team to look at the proposals in the Green Paper, as they are a basis for reform without weakening environmental protections. May we also have clarity on the Emerald network of areas of special conservation interest?

Finally, businesses need certainty and clarity, which is why we must ensure that they know there is a level playing field that will ensure high environmental standards. Our manifesto committed us to delivering the most ambitious environmental programme of any country on earth. The Minister mentioned that earlier, and it is something we should be proud of not just here but on the global stage. It is what we need to deliver for future generations. Let us give ourselves time for the assessment process. Do not rush the changes. We cannot grow our economy by weakening our environmental protections, but we can make a bespoke system that is better for us all.

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[Caroline Lucas (Brighton, Pavilion) (Green)]

It is a positive delight to follow the hon. Member for Perth and North Perthshire (Pete Wishart), and it was refreshing to hear that strong defence of his position—to say that we will make Brexit work is frankly ludicrous for all the reasons he set out.

In the midst of a climate emergency, a nature crisis and a cost of living scandal, this reckless Government are introducing a Bill that is not only a bureaucratic nightmare, sucking away limited time from civil servants who should be able to address the critical issues that the country faces, but is purely ideological and can set alight vital environmental, worker and consumer standards in a bonfire of regulations.

All of this is happening because the former Secretary of State, the right hon. Member for North East Somerset (Mr Rees-Mogg), was so obsessed with purging our statute book of the European Union, but that is legislation that UK MEPs will have scrutinised, amended or supported. I know that because I was a Member of the European Parliament for 10 years. I can tell the Government that UK MEPs will have had a big part in shaping that legislation. After listening to two of the Government Members who spoke, I am not sure where they have been over the past 20 or 30 years, but it is almost as though they do not know that we had UK Members of the European Parliament. It is almost as though they did not know that environmental legislation, for example, was made through co-decisions, so we had a real say, or that the UK was a leader in some of this stuff and that we had a big role to play in the Council of Ministers, too.

All of that is now being thrown out. REACH, for example, controls or restricts the use of hazardous chemicals and ensures that manufacturers and importers not only understand, but manage the risks associated with their use. Although those regulations are directed at businesses, they are crucial for protecting human and environmental health while also setting rules on, for example, animal testing. What is more, REACH has already been amended through secondary legislation to make it operable in a domestic context. It has already received huge input from the UK through its MEPs and the Council of Ministers. The Bill fails to recognise the importance of that regulation. The Government are prepared to see it fall. That threatens public health, diverges from the EU system of approval and could lead to yet more, for example, animal testing in proving the safety of chemical products for export. This is bad law-making.

The former Secretary of State said in his ministerial statement on the Bill that it would

“fully realise the opportunities of Brexit”.

If he were here, I would ask him, in all seriousness, to tell me for whom those opportunities would be, because all I can see from where I am standing is the opportunity for Ministers to unilaterally strike out legislation that offends their sensibilities—potentially taking us back decades—without giving any indication of which laws will stay and which will go, underlining all the uncertainty for business, which others have mentioned. Simply being derived from the EU does not make laws bad, so this is irresponsible lawmaking of the highest order.

First, as other hon. Members have said, the sunset clause at the start of the Bill will automatically revoke legislation on 31 December next year if it is not already explicitly being retained, replaced or amended. That will create a totally unnecessary cliff edge and could lead to significant gaps in our legislative framework if laws fail. In other words, it is legislative vandalism. I assume that the Government do not actually intend a legal vacuum come January 2024, although who knows? However, that is what will happen as a result of this clearly unreasonable timeline, as many of the Government’s own Members have emphasised. It is simply not a sensible approach to mobilising Departments to act.

Furthermore, although the Bill sets out that there can be a later deadline of 2026 for some laws, neither the threshold nor the process for arriving at that point has been outlined. It is not clear, for example, whether it will be a decision for Secretaries of State to make for themselves. Worse still, the power appears not to be available to the devolved Administrations.

Secondly, clause 15 will allow Ministers to revoke or replace legislation with similar or alternative provisions that they consider “appropriate”. These are far-reaching provisions that have been described as conferring a “do whatever you like” power on Ministers. The Bill will fundamentally undermine parliamentary scrutiny because its role in revoking secondary legislation will essentially become discretionary. As hon. Members have eloquently said, if the Government choose to do nothing, the legislation will simply drop off the statute book.

Thirdly, there are wide-ranging impacts of the Bill that we simply do not yet understand because the Government have utterly failed to produce an impact assessment on the environment, on workers’ rights, on businesses or indeed on devolved competences.

Fourthly, as I have said, the Bill will come at a huge cost to the Treasury and create a massive burden for Departments at a time when they are already under enormous strain to provide basic services and are being warned by the Chancellor that they will have to make so-called efficiency savings when we know that there is nothing left to cut.

In that context, it is hard to imagine how the Secretary of State can possibly think that launching this deeply complex and totally unnecessary programme makes any sense at all. As other hon. Members have said, the Government’s retained EU law dashboard contains more than 2,400 pieces of law across 300 distinct policy areas and 21 sectors of the economy. This is an enormous piece of work that will take a herculean effort to deliver. The Government seem to be relying on a “trust us” mantra, but giving huge powers to Ministers on a “trust us” basis is a bad way to legislate.

The Bill will entrench the Government’s move towards deregulation. Although Ministers can replace laws with alternative provisions, the Bill states explicitly that they cannot increase what it calls “the regulatory burden”. I simply point out that one person’s regulatory burden is someone else’s protection of human and environmental rights. “Burden” is defined as including

“a financial cost…an administrative inconvenience…an obstacle to trade or innovation…an obstacle to efficiency”

and so on. An administrative inconvenience? I mean, come on! The protection of people, our environment, animal rights and human health has to be more important than something that the Government themselves define simply as an administrative inconvenience.

I was reflecting, as one does, on the 2019 Conservative manifesto, which included a clear commitment to “maintain high standards”. Hon. Members have repeatedly reassured us in this place that the Government will not weaken those standards post Brexit. Our concerns have been dismissed, brushed aside and ridiculed, yet the famous clause 15 absolutely makes the thrust of the Bill clear. Eroding regulations, or at least not increasing them, is built into it because they are not allowed to be strengthened, for all the reasons I have set out.

These are laws that have a very real impact on the lives of our constituents, ensuring that they are safe at work, that they are not subject to discrimination, and that they are able to spend time with their children—time that we know is fleeting and precious. The former Secretary of State has often made known his disdain for workers’ rights, but I think he has failed to understand the meaning of rights in the sense that they are universal and for everyone to enjoy, whatever their job is. It is not, as he has said, about some rights for some people but not for others.

The Bill constitutes the most significant threat to environmental law in recent history. As I have said time and again in this place, nature is at crisis point. The latest “Living Planet Report”, published just a few weeks ago, reveals that wildlife populations have plummeted by almost 70% globally in the past 50 years, a decline so severe that the World Wildlife Foundation warns that it

“puts every species at risk, including us.”

In the UK, we have lost almost half of our biodiversity since the industrial revolution—more than any other G7 country. That horrifying decline is blamed on our kick-starting intensive agriculture and industrialisation, or what Professor Andy Purvis describes as

“the mechanised destruction of nature in order to convert it into goods for profit.”

Hundreds of species are at risk of disappearing from our shores altogether. It is essential that we change that picture as a matter of urgency and restore our natural world, on which all life depends, but the Bill is going in the opposite direction.

I want to say a few final words about animal welfare, because it has not been mentioned much today. I am deeply concerned about the status of our major animal welfare laws, 80% of which are EU-derived and which the UK played a leading role in negotiating. These laws include bans on rearing hens in battery cages, the use of hormones in cattle and the import of products made from dog and cat fur, as well as covering the hunting and trapping of wildlife. Those are all deeply emotive issues about which we know our constituents feel hugely strongly.

[Henry Smith (Crawley) (Con)]

I am glad that the hon. Lady is raising the issue of animal welfare, which is extremely important. I hope that the Minister, when he sums up the debate, will assure us that the Animal Welfare (Kept Animals) Bill will return to the House, and that some of the other Brexit commitments that were given—for instance, that we would ban the export of live animals for slaughter and fattening—will indeed be realised.

[Caroline Lucas]

I entirely agree with the hon. Gentleman. I hope very much that the Minister will give us that guarantee.

The Environment Secretary reportedly told the Conservative party conference that his Department would become an “economic growth” Department. That, I think, is a ludicrous statement, because it fails to understand that the economy is reliant on and embedded within nature, not external to it. Indeed, as the Treasury-commissioned Dasgupta review makes clear,

“Our economies, livelihoods and well-being all depend on our most precious asset: Nature.”

In the light of that, I urge the Government not only to drop this dangerous Bill, which prioritises deregulation and reducing administration for businesses above our environment, but to drop their entire attack on nature. What we need right now is positive action. The leaders’ pledge for nature needs to be honoured, and the COP26 presidency needs to go forward into COP27 with positive measures, not the kind of aggressive policy that is summed up in this Bill.

Ban on Fracking for Shale Gas Bill

Caroline Lucas Excerpts

Wednesday 19th October 2022 Commons Chamber

[Edward Miliband]

My hon. Friend puts it incredibly well and I agree.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I am grateful to the right hon. Gentleman for giving way. In terms of trust, he will know that the Government have set up a new consultation to determine what public consent is. Does he agree that it is a monstrous waste of time and money to try to determine something that does not exist? There is no local consent for this; plenty of Government Members do not actually want it. If the Government really want to know what consent is, why do they not have a general election?

[Edward Miliband]

The hon. Lady makes her point well and anticipates the issues that I will come on to. Fracking will not make a difference to bills, we cannot be assured of its safety, and it is a disastrous response to the climate crisis.

--- Later in debate ---

[Mr Rees-Mogg]

I am grateful to the right hon. Gentleman, who puts his thoughts with classic cogency.

[Caroline Lucas]

Will the Secretary of State give way?

[Mr Rees-Mogg]

Not at the moment.

The Government remain committed to net zero by 2050. It is how we reach that without putting our energy security at risk.

--- Later in debate ---

[Barbara Keeley (Worsley and Eccles South) (Lab)]

Thank you, Mr Deputy Speaker.

Fracking is an outdated, dangerous and expensive way to produce energy. It causes disruption and distress to local communities and, crucially, it will not provide the clean, secure energy that our country needs, as laid out very effectively by my right hon. Friend the Member for Doncaster North (Edward Miliband) when he opened the debate.

I have a former exploratory site for fracking at Barton Moss in my constituency. The energy company IGas drilled the site to a depth of about 10,000 feet in an exploratory exercise over the course of six months between 2013 and 2014. During that time, there was much local opposition and a fierce protest, which resulted in months of demonstrations. Some 150 police officers were involved in policing the protest every day, and a total of 120 people were detained. Greater Manchester police had to pay £1.7 million for the cost of policing the protest, which came out of our local policing budget. At the time, the Manchester Evening News ran a survey of 2,500 local residents, which showed that over three quarters of local people were opposed to fracking.

I want to explain why I have always opposed fracking and why the reasons for my constituents’ opposition are so justified. Some of the issues are local to Barton Moss. The exploratory fracking site is close to an area of raised peat bog, which is a rare and precious resource where it has not been ruined by over-extraction. There are real concerns among my constituents about dewatering the precious mosslands and the harmful effects of pumping water into underground rock to force out the shale gas in this mosslands area. People are also very concerned about air pollution, which is particularly worrying at Barton Moss because the site is next to the M62 motorway—itself a cause of high levels of pollution. Other environmental risks are not specific to Barton Moss, but they have an extensive evidence base.

I want to quote from a report by the Tyndall Centre for Climate Change Research, which was produced by local academics at the University of Manchester. It says:

“The depth of shale gas extraction gives rise to major challenges in identifying categorically pathways of contamination of groundwater by chemicals used…in the extraction process.”

An analysis of those substances suggests that many have

“toxic, carcinogenic…or other hazardous properties. There is considerable anecdotal evidence from the US that contamination of both groundwater and surface water has occurred in a number of cases.”

Perhaps the Government should listen to their own experts. A few weeks ago, the British Geological Survey published a report on fracking, which was commissioned by the Government. It said:

“Hydraulic fracturing can trigger earthquakes large enough to cause structural damage. These events were not predicted in advance of operations.”

Clearly, the science does not show categorically that fracking can be done safely. For the Government to allow fracking now therefore breaks another election promise.

[Caroline Lucas]

The hon. Lady was speaking earlier about the protests in her constituency. I am perhaps the only hon. Member of this House to have been arrested, tried and acquitted for protesting about fracking. Does she share my concerns about the Public Order Bill, which was passed yesterday? Peaceful protest, which is entirely legitimate, against things like fracking might well be closed down by that draconian piece of legislation.

[Barbara Keeley]

Absolutely, yes, and we voted against that yesterday.

Energy Prices Bill

Caroline Lucas Excerpts

2nd reading
Monday 17th October 2022 Commons Chamber

[Mr Rees-Mogg]

Yes, indeed. This is a temporary measure. The legislation runs out; there are various sunset clauses that will affect it. We need more of our own supply. Some will be renewable, and some will be oil and gas. We need to ensure that cheap energy flows in this country for the good of the economy.

The legislation will enable the Government to provide support to consumers across the UK who are not on the main gas grid. This will benefit consumers who use alternative fuels to heat their homes, such as heating oil, as well as those who live on heat networks. Eligible households will receive a £100 payment this winter through alternative fuel payment powers, which are introduced under the Bill. The Government will be setting out the support available for non-domestic consumers on the same basis.

The important point on the £100 payment is that it is designed with reference to changes in the price of heating oil from September 2021 to September 2022 and aims to provide support which is equivalent to that received by people who heat their homes using mains gas. I know right hon. and hon. Members are interested in how those figures have been calculated, so I will place more information in the House of Commons Library detailing the basis of our calculation.

In addition, measures in the Bill will extend the energy bills support scheme to UK households that would otherwise miss out on the automatic £400 payment as they do not have a domestic electricity contract. That may be because they receive their energy through an intermediary with a commercial connection, or because they are otherwise off the electricity grid. The Bill will also ensure that in cases where intermediaries receive support from the schemes, they are required to pass it on to the end users as appropriate.

For example, the legislation will provide powers so that landlords are required to pass on support to tenants. His Majesty’s Government are taking action to provide equivalent support to heat network customers. This includes measures that will ensure heat network suppliers pass on the support they receive to their customers. In addition, the Bill provides for the appointment of an alternative dispute resolution body, which will handle complaints raised by consumers against their heat network if it has not passed through the benefit.

Let me turn to non-domestic schemes. As well as helping households, the Government are taking action to provide support to businesses, charities and public sector organisations through the energy bill relief scheme. We will provide support to non-domestic consumers as soon as possible to help businesses and other organisations with their energy bills this winter. The Bill is vital for the implementation of the scheme, which will provide a price reduction to ensure businesses are protected from excessively high bills. Initially, the price reduction will run for six months, covering energy use from 1 October. After three months, the Government will publish a review, which will consider how best to offer further support. It will focus in particular on non-domestic energy users who are most at risk to energy price increases. Additional support for those deemed eligible will begin immediately after the initial six-month support scheme.

In addition to those unprecedented support schemes, the Bill will contain measures that will allow us to protect consumers from paying excessively high prices for low-carbon electricity. The provisions will limit the effect of soaring global gas prices by breaking the link between gas prices and lower cost renewables. This will help to ease the pressure on consumer bills in the short term, while ensuring energy firms are not unduly gaining from the energy crisis. In addition, the Bill will enable the Government to offer a contract for difference to existing generators not already covered by the Government’s contract for difference scheme. This voluntary contract would grant generators longer-term revenue certainty and safeguard consumers from further price rises.

Taken as a whole, the Bill will ensure that families, businesses, charities, schools, hospitals, care homes and all users of energy, receive the urgent support they require owing to the rising costs of global energy prices. In addition, the legislation takes important steps to decouple the link between high gas and electricity prices, which will ensure consumers pay a fair price for their energy. I hope that Members, right hon. and hon. Members alike, will agree that this is a vital and timely piece of legislation.

[Caroline Lucas (Brighton, Pavilion) (Green)]

Will the Secretary of State give way?

[Mr Rees-Mogg]

I am within a moment of finishing, and I had better finish because time is so short.

This is a crucial package of measures that meets the challenges posed by sky-high global energy prices and Russia’s illegal invasion of Ukraine. Without the launch of the schemes I have outlined, many individuals and businesses would be left facing growing financial turmoil in the face of increasing energy costs. Now is the time to act and the Bill delivers the support that is required. I therefore commend the Bill to the House

Energy Prices: Support for Business

Caroline Lucas Excerpts

Thursday 22nd September 2022 Commons Chamber

[Mr Rees-Mogg]

This is a very important point for ceramics, steel and other energy-intensive industries: they want to move to more efficient means of production, and that may require some investment. It is important that the Government help to work on the schemes to ensure that we have vibrant, efficient, profitable and, most importantly of all, globally competitive industries.

[Caroline Lucas (Brighton, Pavilion) (Green)]

The Secretary of State’s announcements may have finally put a temporary brake on further terrifying price hikes, but they leave huge questions unanswered, including: what is the Government’s exit strategy? We need a proper solution to get us out of this crisis, by reducing our dependence on gas and upgrading buildings for the long term. Just yesterday, more than 100 top businesses wrote to the Government begging them for support for energy-efficiency and large-scale industrial decarbonisation. Can he explain why these businesses were so conspicuous by their absence in the measures he announced today, and will he remedy that now?

[Mr Rees-Mogg]

The businesses that write can implement their own energy-efficiency measures—that is what businesses do. It is a sensible investment for them, because if they become more energy-efficient, they will save cash on their energy bills. We also need more secure and cheaper supplies of gas, which is why we are going to issue more licences and why we are looking at shale gas. It is really important that people have confidence that gas will flow through the pipes and into their boilers so that they can heat their homes during this and succeeding winters.

Shale Gas Extraction

Caroline Lucas Excerpts

Thursday 22nd September 2022 Commons Chamber

[Mr Rees-Mogg]

I think we discussed that in the last urgent question, so I will ask my hon. Friend to look at Hansard.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I must say that I am fascinated that the Secretary of State thinks that he knows more about the geology of the UK than the geologist who founded Cuadrilla, who said quite clearly that the UK is unsuited to widespread fracking.

My question comes back to the issue of consent. The Prime Minister said that fracking will go ahead only in places where there is support from the local community. That begs the question why on earth the Secretary of State is even pursuing this idea, as there is no support from local communities, but how is he going to measure that, particularly given that this terrible and deeply unpopular decision coincides with the Government’s draconian new anti-protest laws?

[Mr Rees-Mogg]

In relation to Cuadrilla, the gentleman in question I believe left the company 10 years ago, so he is somewhat out of date in terms of the company that he purports to represent. The current management of Cuadrilla are in favour of this.

I think local support is important, and one of the things that companies that want to drill for shale gas will have to do is come up with packages that are attractive to local communities. That will ensure that people get some financial reward from shale gas being extracted near them.