Draft Air Quality (Taxis and Private Hire Vehicles Database) (England and Wales) Regulations 2019

Catherine West Excerpts

Tuesday 26th February 2019 General Committees

[Dr David Drew (Stroud) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Mr Owen. I make two apologies. First, my voice is terrible, so please bear with me. Secondly, the shadow Minister would normally lead on air quality, but she is otherwise engaged, so she has passed the mantle to me.

May I say at the start what a pleasure it is that we are not talking about our EU withdrawal? Three times last week we did that, so I thought that this Committee must have something to do with Europe. However, it appears that this is very little to do with Europe for once, although European standards are something I presume we should wish to concur with, as EU standards are as high as ours, although we have a long way to go.

Sadly, on air quality, the Government have a long way to go, and have been in the courts on numerous occasions. In April 2015, the Supreme Court ordered the Government to draw up an air pollution plan, owing to breaches of the law. In November 2016, the High Court ruled the Government’s plans unlawful and imposed a deadline for drawing up a new plan. In April 2017, the High Court ordered the Government to publish that plan, after they tried to delay doing so. Last year, the High Court once again ruled the Government’s plans unlawful.

It will be interesting to know whether the Government have a lawful plan that is unchallengeable by those who take this issue very seriously, as we all do. We all have seared on our minds the death of Ella Kissi-Debrah from asthma in 2013, which is an ongoing case.

[Catherine West (Hornsey and Wood Green) (Lab)]

Does my hon. Friend agree that the increase in deaths, particularly of children and very old folk with respiratory illnesses, is alarming? Does he also agree that the Mayor of London is being brave and bold and—with very little resource—is acting, through his policies, in the interests of the lungs of Londoners?

[Dr Drew]

I do. To my mind, this is climate change here and now. We sometimes think of climate change as 12 years away and something we can do something about. Sadly, many of our constituents already experience the degradation of the climate because they live in areas that regularly fail decent air quality tests. We should be careful that we do not ignore that and fail to do something about it.

My starting point is that the database, useful as it may be, is a database. It will not actually deal with the problem of how to bear down on some of the issues of poor air quality. We need a much more ambitious transport strategy that deals not only with taxis and private hire vehicles but vehicles in general. I will ask the Government several questions on that.

It is vital that these statutory instruments are not a matter of paying lip service to this issue but are a means by which we can do something fundamental. The Government will say that it is up to local authorities, but if the local authorities do not have the means, they cannot do anything about air quality. It is beginning to disturb our constituents. People ask me, “What are you going to do about the air quality?” This is in Stroud, which is supposedly a rural area, but in parts of it the air quality regularly fails a decency standard. We ought to do something and be seen to be doing something.

Two non-governmental organisations are most concerned about air quality. Friends of the Earth has made countless reports on local air quality monitoring objectives, to check which local authorities are doing something about that and which are not. It is good to hear about the Mayor of London but, sadly, too many local authorities do not have the facility to get on top of this issue. It is astonishing the number of places with an air pollution problem. It does not affect just some people some of the time, but an awful lot of people all the time.

ClientEarth, which has taken the Government to court on a number of occasions because of their lack of an effective plan, welcomes this statutory instrument and sees the database as necessary, but there is not as much detail as it would like. We have the database, but what do we do with it? It is all right having this information, but someone has to compute it and ensure that someone is acting on it. Will the Government impose standards on those local authorities that fail to do what they should do as a result of the database? The statutory instrument allows the Secretary of State to set up the database, but there is no duty to pursue it.

I have some questions for the Minister. First, where does this statutory instrument fit in the Government’s overall strategy of moving towards non-polluting cars? That was the aim by 2040. Are the Government on track to meet that target? In some ways, it is an incredibly ambitious target, but in others it is disappointing, given the scale of the problem.

Dealing with air quality makes long-term economic sense. Some global estimates talk about a cost of £20 billion —I suspect that is a gross underestimate. It will be interesting to know what resources central Government intend to give to local authorities so that they begin to track what is happening—admittedly, with a small number of vehicles, but if it can be done with taxis and private hire vehicles it can begin to be done with private cars. I hear what my hon. Friend the Member for Stoke-on-Trent Central said; at what stage does a vehicle become a public vehicle rather than a private vehicle?

Do the Government really intend to crack down on illegal air pollution? There have been numerous reports from the Environment, Food and Rural Affairs Committee and the Environmental Audit Committee on the means to do something about this. We sometimes use exaggerated terms, but here we do not—it is a public health emergency for those whose lives will be cut short. That requires us to do something drastic.

On Highways England, what are the Government doing with their road strategy to ensure that where there are areas of very high pollution, there are means by which we can control vehicles? I do not know if hon. Members saw what happened in Addis Ababa a few weeks ago; the Government banned vehicles for a Sunday. If anyone has been to that city they will know how polluted it is. They felt that that at least made the point that people can find ways of living their lives without the petrol or diesel engine, that makes their lives that much worse.

What is the target date for the database being up and running? How does that deal with what local authorities are involved with in their own clean air zones in the interim? It would be useful to know where the joined-upness of the overall strategy is.

The original SI was introduced on 8 January 2019 but was then mysteriously removed, which is not unusual with SIs at the moment. This one, however, has nothing to do with Europe, yet it was removed and a slightly different version was retabled. It would be interesting to know why that happened and why we have a different SI before us.

I ask my usual question about Plymouth—it is good to have one of the Plymouth Members here, the hon. Member for Plymouth, Moor View. I am always intrigued when Plymouth appears in such regulations. Regulation 2(c) mentions

“section 5 of the Plymouth City Council Act 1975”.

Why does that one local authority always get mentioned? I have been in Committees before where Plymouth is mentioned. Either it is more advanced than any other part of the country or it operates under a very different legal framework from other local authorities. I understand there are different terms regarding the City of London, but I never quite understand why Plymouth features.

I hope the Minister can answer my questions, or will write to me. DEFRA should pay a lot more attention to this subject. Air quality is a deciding factor in people’s quality of life. For me, it is the start of climate change and we ought to pay much more attention to it. That is why I welcome the small step of the database. I hope it will not just sit on a shelf somewhere; I hope it is a measure through which local authorities, working with central Government, can really begin to make sure that polluting vehicles are dealt with.

[Dr Coffey]

It is a pleasure to respond to the hon. Gentleman’s questions. I would say first that air quality has been my top priority since becoming Environment Minister. There will be Members on this Committee whom I have met in the last two and a half years to discuss the air quality challenges in their areas. There are several Members here whose constituencies are in areas where local authorities are proactively considering the introduction of charging clean air zones. I remind Members that it is their local authorities that have said that the database is necessary.

In terms of our work on non-polluting cars, the hon. Member for Stroud will be aware of our policy to see the end of the sale of conventionally fuelled cars by 2040. On illegal air pollution, he is absolutely right to say that roadside nitrogen dioxide is a challenge. We are working on that and we believe that the database will help councils to tackle some of the more polluting cars that are driving around, particularly in urban centres.

The database is in beta testing at the moment. It will be ready by the second half of this year. Leeds City Council is expected to be the first council to start using it in earnest, with charging coming into effect on 6 Jan 2020.

We want to ensure that Highways England and the strategic road network are very much connected with the air quality challenge that we face. The chief executive of Highways England chairs a fortnightly meeting with his team to go through the different issues of air quality on the road networks, as well as the new innovations they are taking forward and considering on how to improve air quality. The hon. Gentleman will be aware that a lot of the issue is down to traffic flow. I am conscious of the challenges of air quality, and I am sure he will welcome the clean air strategy that we published just last month. It has been welcomed by the World Health Organisation as world leading, and it is something for other countries to follow.

One particular element of the road strategy does need to be carefully considered, and we will carry out an assessment of the effectiveness of speed limits, based on the Welsh Government’s work on the speed limits that they introduced on part of the M4. Certain councils, such as Basingstoke and Deane for a particular stretch of the A339 that has a speed limit of 70 mph, are considering reducing limits to see if that will help with traffic flows and lower vehicle emissions. As I say, in every part of the country where we have funded councils to do studies and localised modelling, and to undertake local action, they come up with solutions that by and large they think fit best to help their local communities to improve air quality and effectiveness.

[Catherine West]

Based on the evidence being set out by the Minister, will she consider giving more money to councils so that they can do more such research for their own local solutions?

[Dr Coffey]

More than £3.5 billion has been set aside to tackle air quality—TfL was given money for that as part of its last settlement—and more money has gone to the Mayor of London and many other councils to make the changes necessary, such as retrofitting buses.

I am conscious that the Mayor of London would like more money, and the Secretary of State has agreed to support a spending review bid to tackle air quality in London. For example, the ultra-low emission zone charge, which will come into effect in a couple of months, is a significant step. The policy was initiated by my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson), but the current Mayor has taken it through. I also encourage TfL to think about its rules for taxis and how they can more quickly be made air-quality-friendly. TfL has made a good start; I am sure that it could go further.

The hon. Member for Stroud asked specifically about Plymouth. That question has come up once before, in an SI on air quality last year, but I am afraid that my officials and I cannot remember the answer precisely, so I hope that he will forgive me if I write to him and the Committee on that specific point. Nevertheless, I am sure that the Committee will consider the draft regulations important in giving local authorities the database that they believe necessary to tackle air quality in their local areas.

Water Supply Disruption

Catherine West Excerpts

Tuesday 6th March 2018 Commons Chamber

[Dr Coffey]

Social media can be a useful way to communicate, but I recognise that it is not the only way. Part of Ofwat’s review will look at communications, and that might be a role for Ofwat or other media sources, such as broadcast. We recently introduced the 105 number for electricity disruptions, and I have asked officials and Water UK whether we could perhaps do the same for water disruptions so that reporting leaks or getting help are less complicated. We need to make sure that help comes more quickly than perhaps the hon. Lady’s residents have experienced in the last few days.

[Catherine West (Hornsey and Wood Green) (Lab)]

The N8 and N4 areas have also been badly affected. Not a week goes by without a large flood and now we do not have enough water. Will the Minister please make representations to Thames Water? The regulator is toothless: £20 compensation will not cut it for most of my constituents, many of whom have had to miss work, incur extra childcare costs and so on.

[Dr Coffey]

The hon. Lady describes difficult issues that are affecting her constituents as well as other parts of the country. That is why I have made the point to the water companies that they have the opportunity to offer discretionary compensation. I would welcome their doing that, especially in areas where the issue has been prolonged, in recognition of the frustrations in daily life that are caused by the lack of this basic service.

Draft Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018

Catherine West Excerpts

Wednesday 31st January 2018 General Committees

[Dr David Drew (Stroud) (Lab/Co-op)]

I am delighted to serve under your chairmanship, Mr Robertson. I welcome the Minister to her place—I also welcome the civil servant to his place; maybe he will give the answers.

This is an interesting, if not worrying, topic. I am a little surprised that we have been through the whole of the Minister’s speech, not to mention the draft regulations and the explanatory notes, but not yet had a number. This is quite a worrying issue, and the number of incidents is increasing. I was involved in the passage of the Clean Neighbourhoods and Environment Act 2005, through which the previous Labour Government put this into primary legislation.

[Catherine West (Hornsey and Wood Green) (Lab)]

Does my hon. Friend agree that this proposal would be particularly beneficial for our waterways? A lot of the rubbish that people throw out of cars ends up in our waterways, canals and rivers, and even blocks up drainage —it goes right down to that level.

[Dr Drew]

As the proud possessor in my constituency of the Gloucester and Sharpness canal and, hopefully one day, the completed Stroudwater canal, I totally agree.

Let us put some numbers to this, to give some context for why it is important. In 2016-17 local authorities in England dealt with more than 1 million incidents of fly-tipping—I will use that term because no one else has, and because it was referred to as fly-tipping in the 2005 Act—which was a 7% increase on the previous year. Two thirds of incidents of fly-tipping involved household waste, and the total number of incidents increased by 8% from 2015-16.

There is a consistent relationship between where people tip and how much they tip. Clearly, most of that takes place on our highways—some half of all incidents—and again, that is increasing. Sadly, quite a lot is tipped. That is something I will ask the Minister about. I am a little bit confused by what we mean by littering. If I truck up in my four-by-four and chuck four used tyres in the nearest layby, is that littering or is that covered by some other legislation?

That is the nature of what this is. It is not just chance, although clearly people chuck things out of their car windows. A lot of this is people getting rid of things that sadly they would otherwise be charged for. I know a little bit about this because, as you will know, Mr Robertson, in the good old days Stroud did not charge for the disposing of large items, so the good people of Gloucester used to come and dump them in Stroud. We now charge for them, so there is no reason for people to dump them in Stroud anymore. However, it is an issue, because people will dispose of rubbish, and unless they are prevented from doing so, or fined when they are caught, this will grow.

It is estimated that the cost of clearing fly-tipped waste in 2016-17 was £57.7 million, which is not an inconsiderable sum. Local authorities carried out 474,000 enforcement actions, costing about £16 million. That is staggering, because we think it is difficult to follow up fly-tipping, but there is actually a lot more action by local authorities, which cost some £900,000.

--- Later in debate ---

[Dr Coffey]

The draft regulations have obviously exercised hon. Members. I will not say that a lot of rubbish has been spoken. Far from it; searching questions have been asked, and I shall be pleased to try to provide some illumination.

It is true that the powers granted by the regulations extend from those in the Clean Neighbourhoods and Environment Act 2005, but that Act amended and clarified the Environmental Protection Act 1990. It identified smoking-related detritus as litter and gave councils further powers. The draft regulations set out the relevant primary legislation that authorises them.

As I mentioned, fly-tipping is a different legal offence. Councils already have separate powers to issue penalties or prosecute for fly-tipping, including powers to seize vehicles. The Environment Agency has thanked us for granting those powers, which certainly act as a huge deterrent. Littering is defined in section 87 of the Environmental Protection Act, while under the statutory code of practice on litter and refuse, any discarded item larger than one black bag should be considered fly-tipping.

A question was asked about the police and criminal enforcement. Frankly, if littering can be identified and there is sufficient evidence of a criminal offence, that evidence can be used to prosecute the alleged litterer. However, the draft regulations do exactly what councils have asked for: they grant civil enforcement powers, and it is up to councils whether to use them. The origin of the legislation for London was the London Local Authorities Act 2007; we had to make some corrections to that Act in 2012, because it was not working as it should, but London already has the necessary powers. I know that the hon. Member for Hornsey and Wood Green is a former council leader. It will be for local councils to decide to apply their many statutory powers, including those on littering and fly-tipping. I know that some councils are keen to get on with this, and it will be their choice to do so.

[Catherine West]

I thank the Minister for mentioning local authorities. As my hon. Friend the Member for Manchester Central said, enforcement depends on funding. It would be wonderful to have a special environment fund for boroughs to really tackle the issue, because there is huge public support. There has been a culture change—the Minister may remember that I did some press work on that when I was chair of London Councils’ transport and environment committee in 2007.

Oral Answers to Questions

Catherine West Excerpts

Thursday 25th January 2018 Commons Chamber

[Catherine West (Hornsey and Wood Green) (Lab)]

3. What steps he is taking to discourage the use of disposable plastic packaging.

[The Secretary of State for Environment, Food and Rural Affairs (Michael Gove)]

In addition to the measures that I set out in my previous answers, our 25-year environment plan explores how we can better incentivise producers to design better products, including packaging. We are working with the Waste and Resources Action Programme charity and the industry to increase the amount of recyclable packaging on the market.

[Catherine West]

More than 200 Members signed my letter on what the supermarkets could do to improve their recycling so that they meet the targets that my hon. Friend the Member for Workington (Sue Hayman) mentioned. Which supermarkets has the Secretary of State personally spoken to in order to bring them in line with Iceland, which is apparently the leader in this area?

[Michael Gove]

That letter was excellent, if I may say so. I have talked to not only Iceland, but Marks and Spencer, Waitrose, Tesco and Sainsbury’s. We had a roundtable before Christmas at which those retailers and others made a shared commitment to ensure that we reduce the demand for plastic, that fewer plastics are used, and that those plastics that we have more of are recycled or recyclable. A commitment was also made to work with local government to make it easier for all to recycle.

Draft Environmental Protection (Microbeads) (England) Regulations 2017

Catherine West Excerpts

Monday 18th December 2017 General Committees

[Vernon Coaker]

The hon. Member for North East Hampshire is absolutely right to say that the Committee is unanimous in welcoming these regulations, but clearly we are all impatient. We all want more to be done yesterday. Nobody is being churlish about welcoming these regulations, but it is incumbent on the Committee to challenge the Government to do even more. With that in mind, I welcome the action the Government are taking and their attempts to make progress.

The various notes about the regulations mention protecting the environment, and people have talked about “Blue Planet II” and so on, but this is not about protecting the environment; it is about saving the environment. We are at a crossroads as a country and globally, and we have to make some clear decisions. Unlike the hon. Gentleman, I have not watched the last episode of “Blue Planet II”, which deals with some of the major environmental consequences. One can watch it and feel that the situation is absolutely terrible and unbelievable and that we have to do something about it, but that is not enough. We are all shocked and horrified, which is why it is good that the Government have introduced these regulations.

The Minister was right, as was my hon. Friend the Member for Halifax, about encouraging consumer confidence. Consumers can make a huge difference, but they need information, so labelling is important, as it is in many areas, in enabling people to make particular choices when they go into a shop.

The Minister talked about our setting an example to other countries, which is absolutely right. Will she say a little more about how we intend to do that? We can do it through the various international bodies we belong to, notwithstanding Brexit. We can do it through the United Nations. However, the Government need a plan for how they intend to set the example. The regulations apply to England. I understand the devolved nature of these matters but if we are talking about a UK-wide approach, will the Minister explain how our actions relate to those being taken by Scotland, Wales and Northern Ireland?

I want to say something to the hon. Member for North East Hampshire: is it not disappointing that, given the outrage in this country and the way in which everybody speaks about the need to protect the environment, not every single major cosmetic company has already taken voluntary action? That is not only disappointing; it is absolutely incredible. There are major cosmetic companies on the list. There is no secret about which have signed and which have not, because the information is on the impact assessment. It is brilliant that 70% have done so, but why not the other 28% or 30%? It is astonishing. The managing directors and shareholders will have stood up at their board meetings and talked about their social conscience and the need for companies to reflect on their social responsibilities. I bet many of them have watched “Blue Planet”, but that is not enough. That is why I welcome the regulations: they say to the small number of companies—just over a quarter of them—that have not voluntarily moved that we are going to legislate.

I hope this resonates loud and clear: it is not good enough in 2017—nearly 2018—for major companies that make large sums of money to ignore their social responsibilities when it comes to something that every single person in this country demands that we do more about. The Minister should name those companies—I will not do it, unless she wants me to do so—that are listed in the public information available to the Committee in the impact assessment. Big companies have not acted and they should be held to account.

[Catherine West (Hornsey and Wood Green) (Lab)]

Does my hon. Friend agree that ordinary citizens feel a real sense of urgency when they watch those programmes and become educated about the environment? However, there is a real lack of ambition in the extent of this proposal and in the industry’s willingness to match how passionately people feel about this.

[Vernon Coaker]

My hon. Friend is absolutely right, and that was the major contribution I wanted to make. We can talk about that passion for reform and say that it is a good thing. The 70% of the major cosmetics companies that have already taken action should be complimented and held up as examples of what can be done. They obviously have to make a profit and do all the things we expect in the market economy we live in. However, as I say—I cannot labour this point enough—big companies have a social responsibility. It is good that the Government are bringing the regulations forward, but in a sense it is not only disappointing but makes one deeply ashamed of some of the ways in which people operate. They watch these environmental programmes, see animals tangled up or being poisoned and feel as affected by it as we all are, yet they take decisions in those companies that fail to recognise those consequences.

I will make a couple of other points, which were also raised by my hon. Friend the Member for Halifax. Will the Minister say a little more about the plastic microbeads not included in the scope of the regulations? Will she also say a little more about the further work that will be done by the Hazardous Substances Advisory Committee to see what action can be taken on other categories of products that might contain microbeads? I think all of us want to see that done as quickly as possible.

As the Minister will know, the impact assessment talks of 680 tonnes of microbeads used each year in the UK. If each microbead is less than 0.5 mm in size, goodness only knows how many microbeads must be needed to make 680 tonnes; I do not even know how they would measure that. Anyway, it must be an incomprehensible number, and that is just for usage in the UK each year. Has the Minister made any assessment of how much the regulations before the Committee will reduce that 680 tonnes? I am one for concrete examples, and it would be interesting, if that amount has somehow been measured as 680 tonnes, to know whether there is a scientific estimate of what the reduction in that amount will be.

As I understand it, some major retailers have said that they will not sell their own brands from now on. In the time between now and when the regulations come into effect, will they still be able to sell brands other than those they have manufactured? In other words, can they stop selling their own brands but sell products made by somebody else?

I see it will be 21 days from when the regulations are made before many of them come into effect, and 60 days for the other bits. Will the Minister say a little more about how quickly, after the regulations come into force, we can expect trading standards to actually use the powers and take action against people who might not be adhering to the legislation? In other words, it is clearly 21 days—or 60 days for some—until the regulations come into force. How long does the Minister think the transition phase will be, between day one when the regulations come into force and every single one of those other 28% of companies complying with the legislation and not selling products containing microbeads?

The regulations make one think about the consequences for human health if sea creatures are eating these things. That point is beyond the scope of the regulations, but it is worth making. I will finish where I started. I hope that my remarks are in no way seen as my saying that the regulations are not important, because they really are. As my hon. Friend the Member for Halifax said, the Opposition support the regulations; I and other Committee members clearly support what the Government are doing on this, and there is clearly more work to be done on what is not included in the regulations.

The Government and Parliament need to use the regulations as an example of the sort of legislation that Parliament will pass if industry and others fail to put their own house in order. It should act as a wake-up call. It is not good enough to be horrified; people need to act. They need to act now.

Neonicotinoids on Crops

Catherine West Excerpts

Monday 7th December 2015 Westminster Hall

[Daniel Zeichner]

I very much agree. Those of us who have ploughed through the detailed report find it overwhelming. It was disappointing that, after opposing the earlier advice, the coalition Government published a 10-year national pollinator strategy for bees and other pollinators that did not go nearly far enough. Specifically, it ignored the challenge that neonicotinoid use poses to pollinators.

This autumn, the Government, despite the growing evidence demonstrating the adverse impact of neonicotinoids on pollinator numbers, granted an emergency authorisation for their use. In my county of Cambridgeshire, it allowed farmers to plant oilseed rape with neonicotinoid-treated seeds, which sparked many protests across my constituency and contributed to half a million people across the country signing petitions.

[Catherine West (Hornsey and Wood Green) (Lab)]

Does my hon. Friend agree that that decision was made a little too soon, as not enough research had been done?

[Daniel Zeichner]

I thank my hon. Friend for that point. Many people felt that at the time. We all agree that the challenge is how best to take a science-led approach to the use of pesticides. We must balance the need to support farmers and protect food security with the need to protect wildlife and reverse the decline of pollinators.