Environment Bill (Twenty First sitting)

Cherilyn Mackrory Excerpts

Committee stage & Committee Debate: 21st sitting: House of Commons
Tuesday 24th November 2020 Public Bill Committees

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

I am just trying to clarify something. We have had various debates on the independence of the OEP and now the hon. Gentleman is asking Ministers to give their pre-emptive influence as to whether the OEP should do one thing or another. It might just be me, but I find that the Opposition amendments and new clauses are trying to pre-empt the OEP’s own terms of reference, which it will decide for itself.

[Dr Whitehead]

What I was doing was engaging in a bit of what-iffery. The Minister came back to me and said that the OEP could set up its own register, if it wanted to do. That is not what we want to do in the new clause; we just want a register to be set up—that is quite clear and straightforward. The OEP would have some discretion over what it consisted of, but the register would be there on the table for public record. That system operates in a lot of other legislatures and jurisdictions, to a greater or lesser extent. It does not bring the world tumbling down; it brings transparency.

Environment Bill (Eighteenth sitting)

Cherilyn Mackrory Excerpts

Committee stage & Committee Debate: 18th sitting: House of Commons
Thursday 19th November 2020 Public Bill Committees

[Rebecca Pow]

I thank the hon. Member for Cambridge for the amendment and for his constant endeavour to strengthen the Bill, which we want to be a strong one—he is right about that—but I do not believe that this amendment is necessary, and I will set out why.

Local nature recovery strategies will be a powerful new tool to help us take a more strategic approach to how we plan for nature’s recovery and to how we use nature-based solutions to address wider environmental challenges. The hon. Gentleman is absolutely right about nature-based solutions, but they are very much part and parcel of this new will to deliver for nature and for all those other benefits—flood control, better water quality, carbon capture and sequestration, and so on—so I think we are on the same page on that.

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

I think the point that the Minister is trying to make, which I reiterate, is that a lot of those schemes are in their infancy. We have just discussed the five pilot plans, one of which my constituency is involved in. If the Bill is too prescriptive, we will be unable to tweak those plans later if they do not work. It is important that we set out the intention on the face of the Bill and let the pilots do their work, so that Ministers and experts in the field have the flexibility to learn from and use best practice moving forward.

[Rebecca Pow]

I thank my hon. Friend for highlighting that; I could not have put it better myself. That is why we are running the pilots, and it is great that they are already running. The hon. Member for Cambridge asks when we are going to do all this, but we are actually already doing it. My hon. Friend is absolutely right to say that each area will be different: Cornwall will be quite different from south Humber or Keighley. Those areas’ requirements and demands will vary and that is why we need to run pilots.

We do not want the pilots to go on forever—the hon. Member for Cambridge is absolutely right about that—and the Secretary of State and I are at pains to say, “Yes, we want all the data and feed-in, but we do need action.” I like to think that we will see action. The Secretary of State said on Second Reading that we have to ensure that we work to promote actions through the environmental land management scheme and that those actions work with what we are putting into our local nature recovery strategies. The idea is that those will all work together and that we will then deliver our biodiversity net gain, which will also be helped by the strengthened biodiversity duty on public authorities in the Bill.

Beyond the Bill, the strategies will support local authorities in protecting and enhancing biodiversity through the planning system, and encourage more collaborative working between the public, private and voluntary sectors, to establish and achieve common goals. We are keen that each responsible authority leading production of a strategy properly understands and considers the different mechanisms through which the net gain and adding to nature could be achieved. The responsible authority will not always have direct control of all those different delivery mechanisms, however, so they will need to work collaboratively with other organisations, as we have proposed.

Simply requiring the responsible authority to give its opinion on processes that it does not control will add little to the strategy and could deter partners from engaging constructively. My intention is instead to use the statutory guidance provided with the clauses to explain how the responsible authority should take account of potential delivery mechanisms when preparing its strategy. I agree with the hon. Member for Cambridge: he is absolutely right that we are coming up to a crucial year, with COP26. However, I hope he is very pleased that nature and adaptation are part of the COP. That is why it is so important that we demonstrate that we are going to lead by example, with the pilots and all the measures in the Bill, which show that we are taking these issues seriously; it can work and add to nature. I therefore kindly ask the hon. Member to withdraw the amendment.

Environment Bill (Sixteenth sitting)

Cherilyn Mackrory Excerpts

Committee stage & Committee Debate: 16th sitting: House of Commons
Tuesday 17th November 2020 Public Bill Committees

[Richard Graham (Gloucester) (Con)]

I beg to move amendment 200, in clause 76, page 68, line 17, at end insert—

“(ca) the water quality and impact of the discharges of the undertaker’s drainage system and sewerage system,”.

This is a probing amendment, tabled in the name of my right hon. Friend the Member for Ludlow (Philip Dunne), myself and others. The last amendment I tabled proposed to change one word and add one letter to the Bill’s proposed environmental improvement plans. This probing amendment adds 16 words to a subsection on drainage and sewerage management plans. Both amendments have in common the shared interests of our environment and us as beneficiaries of that environment.

Amendment 200 focuses on drainage and sewerage management plans. It is an uncomfortable fact for us all that a huge amount of raw sewage is still discharged into our coasts and waterways—200,000 times in the last year, with 3,000 discharges in UK coastal waters between May and September—all of which threatens the quality of the water itself and water users. It is for that reason that 40,000 people signed a petition to end sewage pollution. My right hon. Friend the Member for Ludlow was motivated to initiate a private Member’s Bill, which will be heard in the House in due course, and to table this amendment to the Environment Bill.

Surely it is the aim of all of us to stop discharges into rivers, lakes and waterways, as well as into our sea, and to raise our current rating within Europe—although we are leaving the European Union, we are still a geographical part of Europe—from 25th out of 30 for coastal water quality. Only 16% of our waterways meet good ecological status.

Why does that matter for all of us, as users? Ultimately, there are health risks—gastroenteritis, ear, nose and throat illnesses, and apparently even, although I have not seen evidence, hepatitis and E. coli. Those of us who enjoy wild water swimming—in the River Wye, for example, on the Gloucestershire-Herefordshire border—will know that there are times when agricultural companies are pumping discharge into the water and damaging its quality and the experience, particularly for the young.

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

My hon. Friend is making an important point. Does he agree that we need a change in when water companies give notifications of sewage outlets, particularly around the coastline, such as in my constituency and around the Cornish coast? Currently, they do it only in what they call “bathing months”. With better equipment and better wetsuits, we now swim all the year round off the Cornish coast. We have no way of knowing—unless we know that these things happen after heavy rainfall—whether the water is safe to bathe in.

[Richard Graham]

My hon. Friend makes a striking point. From a human perspective, Cornwall is probably the most used bit of coastline in our United Kingdom. The pressures are considerable and the point that she makes about more people swimming and surfing all year round is important. The restrictions should not just cover the traditional swimming months of May to September. I am sure the Minister will address that point.

Alongside a duty on water companies to ensure that untreated sewage is no longer pumped into the seas, the amendment would tackle a series of other actual and potential issues—for our water quality has implications across the whole ecological system, from plant life to fish stocks, as well as the health of the population. Our surface, coastal and ground waters suffer from significant pollution, as I have illustrated, and they also take that pollution into our seas and oceans. The Government have not made as much progress as we would have liked on meeting the targets established under the EU water framework directive, and the Bill is a step towards making significant improvements.

While diffuse pollution from agriculture, as I illustrated with the River Wye, accounts for 40% of river pollution, wastewater from sewage treatment accounts for almost as much, at 36% of river pollution.

Environment Bill (Twelfth sitting)

Cherilyn Mackrory Excerpts

Committee stage & Committee Debate: 12th sitting: House of Commons
Tuesday 10th November 2020 Public Bill Committees

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

I am as big a champion for the marine environment as anyone in this room; before this time last year, it was our livelihood. I am struggling to understand the purpose of the amendment because everything in the marine environment is covered by

“land (except buildings or other structures), air and water, and the natural systems, cycles and processes through which they interact.”

I am struggling to see what in the marine environment is not covered by the Bill as originally written.

[Dr Whitehead]

The hon. Member will see that the Bill merely contents itself with the word “water”, which can have a number of different interpretations. In this instance, it has a substantially strong interpretation. This is not a problem with the present Government, but we are talking about legislation that must stand the test of time. It is possible and reasonably straightforward to define “water” in this case as internal waterways, rivers and other water services within the land mass. The hon. Member will see that that is what the clause appears to suggest. The “natural environment” is defined as

“plants, wild animals and other living organisms,”

“their habitats” and “land”, which suggests that the word “water” should be taken in the context of the other things in the clause.

[Cherilyn Mackrory]

With respect, I disagree. What the hon. Member suggests is that the land stops on the foreshore. It does not, of course; it goes straight out to sea and becomes the seabed. The land does not stop. What we are arguing here are the semantics of where our land and our waters end, which will be covered in the Fisheries Bill.

[Dr Whitehead]

The hon. Member is right to the extent that land does extend under the water, otherwise the seas would drain fairly rapidly and we would be in a bad state. According to the hon. Member’s definition, we are conjoined with every other country in the world. The clause does not say that we must have a definition of “natural environment” that includes that—it stops in terms of what is on our land and what is not under the sea, as far as land is concerned. Arguably, the fact that it includes water could be defined, as the hon. Member suggests, as including everything on that land that is under the sea. It is nevertheless our responsibility—there are different areas of concern expressed in international treaties about territorial waters and various other things.

Environment Bill (Ninth sitting)

Cherilyn Mackrory Excerpts

Committee stage & Committee Debate: 9th sitting: House of Commons
Tuesday 3rd November 2020 Public Bill Committees

[Dr Whitehead]

The phrase “due regard” comes in here, importantly. The truth is that clause 18 is a blank cheque in the opposite direction—a blank cheque for Ministers to invoke if they decide under certain circumstances not to be bound by environmental protection, as the Bill appears to suggest that we all should be. That is unconscionable; it should not be in the Bill.

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

Could the hon. Gentleman clarify what would happen in the situation that we have faced this year, in which the Treasury has had to make very fast decisions and give billions to businesses because of covid? Some of those businesses might not be of an environmental nature—in fact, some might be what we would regard as non-environmental or actually detrimental to the environment —but because of the social impact of that money, the Treasury has had to do it. It is my understanding that if the law were as the hon. Gentleman would like it, the Treasury would not have had that leeway. Could he clarify that?

[Dr Whitehead]

The Treasury would have had that leeway, because of the phrase “have due regard”. There are clearly circumstances in which emergencies or other issues mean that Ministers may at particular stages have to draw away from their environmental or climate change imperatives and responsibilities. However, the important thing about having due regard is that if they do so, they have to explain why and under what circumstances they are taking the decision. Clause 18 will do exactly the opposite: Ministers will not have to explain anything—they can just not do anything that they do not feel like doing. I hope that Conservative Members will join us in saying that that is not good enough and is not what the Bill should be doing.

There could be another formulation. The hon. Member for Truro and Falmouth has pointed the way; with the right formulation, we could encompass the sort of circumstances she mentions. Of course we would be happy to support that, because there are indeed considerations that need to be undertaken at certain stages of emergency and difficulty, and which may cause some difficulty with the imperatives. That is what due regard protects us from, to a considerable extent. However, the principle that someone who does something other than what we think the imperative should point towards should justify what they are doing and be accountable for it is a very important part of our processes, and that is not the case here.

--- Later in debate ---

[Dr Whitehead]

As it happens, yes. However, again, we are in “as it happens” territory, which we seem to be in rather a lot this afternoon. As it happens, yes, that appears to be working quite well. I do not know, should there be a future reconstitution of the Office for Environmental Protection or future appointments of non-exec members and the chair, whether that procedure would necessarily be replicated. It might be; it might not. We are lucky we have Select Committees that are as strong as they are.

[Cherilyn Mackrory]

As a new Member, I am just understanding the mechanisms here. From what I am hearing, the process that has just taken place to ensure that we are where we are is due to good parliamentary mechanisms. It seems that the hon. Member is asking Ministers to put more parliamentary mechanisms in the Bill when those checks and balances are already in place and work very well.

[Dr Whitehead]

The hon. Member is quite right to draw attention to good parliamentary mechanisms. I do not want us to be diverted into a long discussion about the Executive and the unwritten UK constitution, but Parliament is not putting a provision on the Executive by passing this Bill—that does not exist. Instead, Parliament has used parliamentary procedures outside of that to have an effect on the Executive, and the Executive have agreed for that effect to be placed upon them. That is a good thing—I do not in any way want to undermine that. As the hon. Member says, that has worked well.

[Cherilyn Mackrory]

The hon. Gentleman is illustrating the point perfectly. Secretaries of State come and go at the mercy of the electorate, whereas the parliamentary checks and balances are always here. That is what should govern the procedure.

[Dr Whitehead]

Yes, indeed—Secretaries of State come and go, just as Presidents of the USA come and go. Nevertheless, while they are there, Presidents can appoint justices of the Supreme Court who are always there. Although the member of the Executive has gone, the effect of their actions remains—in this example, with the judiciary branch in the US. In principle, that is what could happen as far as this construction is concerned in the Bill. A Secretary of State who comes and goes could appoint, without involving the parliamentary process, somebody who will outlast the Secretary of State in that position.

--- Later in debate ---

[Dr Whitehead]

The Minister spoke of the importance of getting things done now. After all the problems we have had, I cannot for the life of me see how that is in any way impacted by the idea that the chair of the OEP, who will shortly be in place, should have a say in deciding—guidance has properly been put in for the independence of the OEP—whether long-term recruits should not be from the civil service or any other external persons. Why should the chair not have that say in an appointment?

I assume that the chair of the OEP would be equally concerned to ensure that things are up and running as quickly as possible, that a proper and good appointment is made of an interim chief executive, and that, if a good case is put forward, that appointment might be of someone in the civil service or another person in the Department.

The amendment does not stop any of those things from happening; it merely says, as my hon. Friend the Member for Cambridge mentioned, that if it is the intention that the OEP will be truly independent it is the look of the thing from the beginning that will convince people of that.

I do not think that we can duck the issue. There are a lot of people out there who are profoundly suspicious and concerned that the OEP will not have its independence and will not be able to act as an environmental watchdog in the way that is claimed. Indeed, they will have suspicions, many of which we do not share, that a lot of what is being done is to undermine that independence, and—I would not go so far as to say to strangle the OEP at birth—to clutch the OEP much more closely to the bosom of Government than might have otherwise been the intention.

I hear what the Minister says about the fact that it was extremely fortunate that the provisions in the Bill were there anyway, which sort of came to the rescue when we were in the position of having to do these things very much at the last minute, rather than in a more considered way over a longer period. The fact that they have always been here, and always allowed that to happen, increases some of the suspicions out there. It is our duty, and would at least be good sense, for us to dispel those suspicions as early as we can in the life of the OEP.

Accepting the amendment would not, therefore, be a big deal. I do not intend to divide the Committee yet again, because we have made our point by dividing the Committee on other amendments, but this one is entirely on the same theme. I enjoin the Minister to think again about whether she wants to introduce something at a later date in proceedings that at least waves a flag in the direction of proper independence for the OEP as it gets under way, in addition to when it is fully under way. That would be very helpful for all of us who are concerned, in terms of what we will try to do to ensure that the OEP does its job properly.

[Cherilyn Mackrory]

Paragraph 17 of schedule 1 explicitly says:

“In exercising functions in respect of the OEP, the Secretary of State must have regard to the need to protect its independence.”

I notice that the Opposition have not tabled an amendment to that, because they are obviously happy with it.

[Dr Whitehead]

That is right, but that is the OEP as it is up and running; this is about the OEP as it is formed. Our point on a number of things this afternoon has been that if we undermine the independence of the OEP as it is being formed it is rather difficult to carry out paragraph 17 later on, when the OEP is fully functioning. I thank the hon. Member for drawing attention to that point, but it is not entirely what we are discussing this afternoon—although I fully agree that the Secretary of State should, of course, have regard to the independence of the OEP when it is up and running and functioning. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Animal Welfare (Sentencing) Bill

Cherilyn Mackrory Excerpts

2nd reading & 2nd reading: House of Commons
Friday 23rd October 2020 Commons Chamber

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

It is a pleasure to rise to speak in this debate. I congratulate my hon. Friend the Member for West Dorset (Chris Loder) on bringing this Bill to the House. I also pay tribute to current and previous hon. and right hon. Members for bringing the Bill this far and I urge Ministers to continue to take it forward.

Thinking back to February—it seems like such a long time ago now—I was lucky enough to join one of my RSPCA officers on her round in Truro and Falmouth and beyond to see what kind of visits they do on a daily basis. Claire Ryder was the officer and she took me to various houses. After listening to today’s debate, I am very grateful that all we had to do was to visit a man following a report on his dog. Thankfully, that dog was very well fed and very well cared for. Perhaps his neighbour had made a malicious call— who knows? Thankfully, though, on that day, no harm had been done.

We do hear of some harrowing cases in Cornwall. I will not go into any details because I have been very disturbed by some of what we have heard today. Last year, the Cornish courts heard about dogs being starved, cattle, horses and ponies being kept in mud up to their bellies, and a bull that had been so mistreated that it ended up impregnating its own mother, so uncared for were the cattle. It would be remiss of me not to mention the ponies on Bodmin moor on behalf of my hon. Friend the Member for North Cornwall (Scott Mann). People often see the moors as dumping grounds for ponies. The fantastic charity, Redwings, is looking out for these ponies now and making sure that they get good veterinary care. The point is that that should not have to happen.

I will join the debate about springer spaniels. We have an English springer spaniel, but, because he is black and white, which is the same colour as St Piran’s flag, we like to call him a Cornish springer spaniel, and what else would you call a springer spaniel if you have a husband who is a fisherman but Kipper?

Kipper is nine, so we had Kipper before we had my daughter. He has gone through the tutu-wearing stage of his life, and all he did was give me hangdog looks as if to say, “When is she going back?” She is not, thankfully, and neither is he. This raised an important point in our house and we had discussions about how this lovely gentle dog of mine has a mouthful of teeth and how he could quite easily break my wrist should he choose to do so. The same applies to some of the harrowing stories that we have heard today, particularly the one about Baby, who was just so awfully treated. He also had a mouthful of teeth with which he could have done some quite nasty damage, but we have bred these dogs to be so loyal and so caring of us that, when they are turned on in that way, they choose not to fight back. We must do better in looking after them.

I am also concerned about the lockdown puppies that we are seeing now. A year ago, a Labrador would probably have cost about £750 and now we are probably looking in excess of £2,000 from the same breeder. I do not have a problem with breeders charging what the market is demanding, but, obviously, this is encouraging illegal trade in backroom breeding, puppy smuggling and the importing of puppies. Dogs Trust said it is concerned that there will be up to 40,000 dogs abandoned in the coming months as a result of people buying puppies during the covid pandemic. Although there are many responsible sellers out there, sadly there are plenty who are looking to tug on the heartstrings and exploit the situation for their own profit. With puppies in such high demand and selling for such high prices, it is creating a lucrative market for cruel puppy smugglers. Sadly, we have rescued many dogs that have been imported into the country destined to be sold during lockdown.

At some point in the future, I would like to see something else added to the microchip of a dog. I would like it made compulsory for a dog to be microchipped on its very first visit to the vet as a puppy. On that information, I would also like to see where it was bred and who it was bred by, so should we see, down the line, unscrupulous owners abandoning and mistreating dogs, we know where that dog started its life and we can ask the breeder what went wrong. Perhaps we can learn from good breeders who are scrupulous about finding very good homes for their dogs, regardless of what they are charging.

In conclusion, I say well done to my hon. Friend the Member for West Dorset for bringing this Bill to the House. I would also like to associate myself with the comments of my hon. Friend the Member for Montgomeryshire (Craig Williams) who said that no sentence would be long enough, and I urge anyone in the judiciary to use these new powers to the best of their ability.

Fisheries Bill [Lords]

Cherilyn Mackrory Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 13th October 2020 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Before I call the next speaker, may I explain something, because there seems to be some confusion, perhaps among new Members who do not know how normal Chamber procedure works? If I impose a time limit, this debate will end at 10 o’clock and there will be several votes at 10 o’clock and Third Reading after that. Anyone can work out how late that will be. If I do not impose a time limit but appeal to Members, for the sake of all their colleagues, to speak for about three to four minutes, and thereby prove that brevity is the soul of wit, the debate will finish earlier, and those who are taking part will have the eternal gratitude of those who are waiting to vote.

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

I will try to speak clearly with my new self-imposed time limit. It is a pleasure to follow right hon. and hon. Members, particularly the hon. Member for Angus (Dave Doogan), and here we are going straight back down the line to Cornwall, which just shows what an important issue this is for the whole United Kingdom.

Despite being the great-great-granddaughter of a Scarborough fisherman, I had no idea as a young girl that I would grow up to become a Cornish fishwife, but here I am. Actually, I am very proud to be so. It is a privilege to be married to a fisherman, because it gives a great understanding of what a scary but wholesome living it is. It is absolutely necessary for the health of our nation. I mentioned in my maiden speech some time ago how precarious a living it is, especially when one is on the end of the phone and the weather turns and they cannot get back, so I will not go into that again.

One thing I have to say is that the fishing industry does not speak with one voice, and that is important to remember. To stand up for the fishing industry means giving our fishermen their voices back, and that is what this Bill absolutely does. It takes a first important step, and that is what we have to remember about this framework Bill.

I will speak briefly to the amendments. I do not think that the Bill is the right place for them, but I understand why they have been tabled. I believe they are well intentioned, and I know that Ministers are listening. In terms of amendment 1, I welcome the Government’s consultation, and I urge anybody involved to make their representations known before the closing date, which I believe is 10 November.

I would like to see more support from Ministers for direct-from-the-boat sales. When people go to London and eat a nice plate-sized piece of fish in a restaurant, the price can be eye-watering. Let me tell the House that at the other end of the scale, when the fisherman gets his price from market, that can also be eye-watering, but for a different reason. Somewhere along the way, somebody is making a lot of money out of it, but it is not the fishermen, and we need to put that right. I know there are voices in the Treasury who are sympathetic to that, and I make a plea to urge those conversations forward. A business in Falmouth that has just opened has as one of its unique selling points the fact that it wants fish that has never touched land. That sort of business should be encouraged, particularly in Cornwall.

Amendment 2 is about sustainability. One of the main reasons I came to this House was for the sustainability of our oceans and sustainability on land, but when we talk about sustainability in the fishing industry, we cannot talk just about the oceans; we have to talk about the coastal communities as well. Take bass, for example. My hon. Friend the Member for North Cornwall (Scott Mann) and I have spoken at length about bass and recreational angling versus the commercial fishermen, and I want to try to bridge the gap tonight if I can.

I absolutely get the reason why we need to have a sustainable bass fishery. The angling economy in Cornwall is growing and is worth a lot of money, but if that bass fishery is suddenly taken away from an under-10 metre boat, that fisherman cannot feed his family. We cannot just expect these fishermen one day suddenly to have to go out to fish for something else—it does not happen like that. I am not prepared to make people suddenly do that, so we have to have a long consultation with the industry, the fishermen and the conservationists before we come up with a plan. That is why this amendment is misplaced. We have to go with the framework and see where we go from that.

Amendment 3 deals with supertrawlers. Again, I understand why it has been proposed, but I am reassured by Ministers who say that we now are in control of those licences, and pressure will be on our Front Benchers to make the right decisions there. I will not go on for too long, I promise, but let me deal with a couple more things that I want to see, if we can do them.

The right hon. Member for Orkney and Shetland (Mr Carmichael) is no longer in his place, but I have sympathy with him on the enforcement argument, and not just on the outrageous incidents to which he refers. We see daily off the Lizard Point that French fishermen are within our waters and they should not be there. Even in the spawning grounds in the estuaries we need to make sure that anglers are not going up and taking undersized fish. There should be enforcement from one scale down to the last, and we need to make sure we are properly prepared to have enforcement here.

I am a big advocate of labelling—everyone in Devon knows how I feel about that—and it is vital that we get some clear labelling on our fish. The technology is there now to put the boat name on anywhere that that fish ends up, be it in an expensive fancy restaurant or in one of our supermarkets; we can see what boat that fish has come off and how it was caught. The fisherman who is fishing hook and line should get a better price than the one who is using the nets. The fisherman will then suddenly become responsible for his catch, in the same way as farmers are responsible for the high standards of their animals. That is important and it means that the consumer starts to become king—I hope that Ministers are listening.

We have a great opportunity for a culture change in this country about what we eat and why we eat it—that was mentioned earlier. The new Cornish residents, our TV chefs, who have moved down to the south-west have an important role to play in this. If we suddenly start eating wrasse, which they do in Japan, in sushi, or whatever else it might be, we can start making this a good thing to eat and consumers will follow.

I will conclude because I do not want to take up too much time. This Bill is a great first step, from which we have learned lessons from the CFP. We are finally starting to release our fishermen from the shackles of the CFP, which is vital. What we can achieve for the industry is endless because we are now an independent coastal state. I am reassured that future consultations will benefit our industry and I look forward to plans that come forward next year.

[Alyn Smith (Stirling) (SNP)]

I will speak to new clauses 1 to 7, which we tabled to try to improve this legislation. I spent 15 years in the European Parliament, alongside the hon. Member for Tiverton and Honiton (Neil Parish), working largely on fisheries reform, among lots of other issues. It is safe to say that the CFP is not the Scottish National party’s favourite policy and a number of things need to be done to improve it. It is the primary reason why Norway and Iceland are not EU members, although they are proudly part of the EU single market, for reasons also largely to do with fisheries and fisheries products.

If I learned anything in my time in Brussels, it was particularly about the marine ecosystem: everything is connected to everything else, and if one does not look at the whole picture, one makes poor conclusions. This Bill really is only part of the picture and it leaves the big questions—the existential questions for all our fishing communities and the people employed in fisheries—unanswered. Passing this Bill tonight, as I suspect Conservative Members will, is the easy bit; making good on the fine promises we have heard this evening will be an awful lot harder. Four years after the vote to leave the European Union and a year after we left the European Union—a fact that I regret deeply—we have yet to see the much vaunted advantages of that Brexit. It is a poor state of affairs that we are this stage in this stage of the proceedings.

The fishing industry is complex. It is not just about boats going to sea and catching fish. In Scotland, it is even more complex. We have a structurally different set-up to our industry in Scotland from that UK-wide. As we have heard throughout the debate, for every one job at sea, there are—depending on how one counts them—seven to 10 jobs on shore.

Stirling—by way of a counterintuitive point, as it is a generally landlocked constituency but for the tidal Forth—is one of the biggest UK producers of farmed prawns. The aquaculture department at Stirling University is engaged in world-leading, planet-saving research that is crucial to our economy. Tens of thousands of people are employed in aquaculture: in the prawn sector, the salmon sector and the inshore fishery, catching scallops and langoustines, and in the wider processing sector. All those thousands of jobs and all that GDP are utterly dependent on access, by which I mean tariff-free and frictionless access to the EU single market. That really does bring us to the nub of our scepticism about this Bill, which, as we have heard, the Scottish Government and Parliament have consented to because it is necessary, given that we have left the European Union. There is a need for a new legislative framework; we just do not think that this Bill answers the big questions.

The Norwegians joke that there is nothing in such a hurry as a dead fish on the back of a lorry. There are going to be lots of dead fish on the back of lorries wondering where they are going if we do not get a deal that ensures tariff-free and frictionless access. The vast chunk of fisheries’ economic activity is in grave danger in these ongoing talks, and this Bill answers none of their concerns and takes account of none of their interests.

This Bill is a framework for catching fish, and it is meaningless unless there is a deal for market access for all the other fish and fisheries products. The big questions are unanswered, so we have tried to make the legislation better with new clause 3 on the sea fish authority. We believe that more transparency in that structure would very much help the evolution of the organisation in the new challenges ahead. I urge Members to support the new clause, much though we have heard of the Minister’s scepticism this evening.

I am struck by the tone of this debate, as I was struck by the tone of the debate back in December, when I made my maiden speech, on the withdrawal agreement—the withdrawal agreement that so many Members on the Government Benches are now lining up to trash and the Government are looking to resile from in a “limited and specific way”, barely nine months later. The promises that have been made this evening are cheques that will not be cashed in the real world. When Government Members fail to deliver on their grand rhetoric—or, indeed, sincere hopes, genuinely held—they will have nobody to blame but themselves.

Environment Bill (Third sitting)

Cherilyn Mackrory Excerpts

Thursday 12th March 2020 Public Bill Committees

[Kerry McCarthy (Bristol East) (Lab)]

Q My question is specifically directed at ClientEarth. You have taken the Government to court over their failures on air pollution three times now. Do you feel that the Bill gives sufficient powers to take action against the Government if there are future failures? Also, my concern is about the buck being passed to local authorities to a large extent. In the wider picture, I have just heard that Bristol has finally got its directive from the Government today, but unless funding is released for transport, housing and all the things that go with it, it will be very difficult for local authorities to do what is required, so where is the balance? Who should be held to account, and can they be held to account under the Bill?

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

Q I suppose that my question follows on from that. I am lucky enough to represent a coastal rural community. My confusion is about how we measure these targets. I do not know what success looks like where I live, compared with London, for example. We might also set targets in the Bill, but where I live might have met them already while London has not. Who are we setting the targets for? I find it a bit too complex, which is why I am leaning towards using secondary legislation to manage that. Following Kerry’s question, I would also like to hear a little more about the role of local authorities.

Katie Nield: I will go first, given that the first question was directed at ClientEarth. The cases that ClientEarth has taken against the UK Government have been key both to driving action to meet the legal limits we already have and to highlighting this as a serious issue and highlighting Government failures so far. It is really important that the Bill allows people to continue to do that against these new binding targets. They need to be meaningful, and that means that the Government need to be held to account against them. That is key.

What is also key is that we should not have to rely on organisations such as ClientEarth or individuals to take action. That is another reason why it is really important that the Office for Environmental Protection—the new environmental watchdog set up by the Bill—has adequate teeth to do that job and scrutinise Government actions. I assume you heard in previous evidence about the shortcomings of the Bill in that respect, so I will not repeat that.

In terms of action from local authorities, what has come out in the discussion so far has been clear: air pollution is a national problem and there are a huge number of different sources that need to be dealt with. It is not a localised issue with just a small number of hotspots that need to be cleared up. What we are concerned about is pushing the burden of responsibility on to local authorities to deal with this problem—that will not be the most effective way to tackle this national public health crisis. We need the Bill to reflect that, and we need the environmental improvement plans to reflect that.

At the moment, the Bill provides some new powers to local authorities, and those are very welcome, but it risks putting the burden of responsibility on them. This goes back to the point Liam was making earlier about the opportunity to introduce a broader ranging duty on all public bodies across different levels of Government and different Departments from the central level to ensure that they are doing their bit to contribute to those targets.

Professor Lewis: I would like to comment on assessment in a rural environment, because that is really important. Most people potentially live in places that will not be anywhere near a measurement point. It has been possible to bring action on nitrogen dioxide because there was a very good way of assessing it: we knew where the pollution was—at the roadside—and there was a network of measurements and, crucially, an ability to predict, model and fill in the gaps in between, where everybody else lived. That provided you with the evidence base with which you could say, “These areas exceed; these areas don’t.”

It is harder with PM_2.5 because it does not come just along the roads, although there are sources there; it comes from many places. You might rightly ask, “How will I know if it is getting better in my constituency?” The answer is that if we do adopt things like a 10 microgram target and continuous improvement, we will have to do more measurements, because we will not have the evidence to present to say whether it is getting better or not. There is a fundamental difference as you go lower and lower: the challenge in proving that things have got better, and particularly in places that historically we would not have thought of as pollution hotspots, is pretty hard. People should go in with their eyes open that there will be more of a burden in demonstrating that progress is being made.

Katie Nield: I suppose setting am ambition for that target also provides an opportunity for us to better assess it and better understand the impacts it is having on our health, so it is an opportunity.

[The Chair]

I am afraid we have time for only one more question, and I am not sure that we will have adequate time for all the witnesses to respond. Alex Sobel, please be very brief.

--- Later in debate ---

[Robbie Moore]

Q I have a question for the Marine Conservation Society, although I am happy for the other witnesses to comment. How important do you think that the waste and resource efficiency measures in the Bill are as a means of tackling pollution in the marine environment?

Chris Tuckett: They are really important. As I said earlier, it is about systems thinking. What is happening on land, what is happening at source, and where does that go through the environment? Ultimately, quite a lot ends up in the sea. We welcome the waste and resources clauses. I think you have a session this afternoon in which you will go into more detail on the ins and outs of what is needed.

The clauses are absolutely welcome, particularly the enablement of deposit return schemes. That needs to happen as soon as possible, please. That would be great. A lot of other countries have done it, and there are figures of up to an 80% reduction in litter as a result of having deposit return schemes in place, through improvements in recycling. That is really important.

We also very much welcome extended producer responsibility. The emphasis within the waste and resources portion of the Bill should be very much on the waste hierarchy—reduce, reuse and recycle—but very much on the “reduce” bit to start with. Obviously, there has been a lot of discussion on marine plastics—the “Blue Planet” effect—and some measures have come in as a result of that, but not an awful lot. The Bill takes all of that forward, which is great and we welcome that. The sooner it happens, the better.

For the deposit return schemes that the Bill enables, we really hope that the legislation will be passed as soon as possible. It will be a comprehensive system that includes all types of containers—drinks containers—and all sizes. We at the MCS have been picking up litter from beaches for more than 25 years. It is not getting a lot better. We really hope that it will do soon as a result of the Bill.

[Cherilyn Mackrory]

Q I believe clause 81 sets out the same powers that we already had under the European Union with regard to ensuring that water quality is maintained. The only way is up, in my opinion, on that. I wanted to come back to the run-off from agricultural land. I believe that that is covered more in the Agriculture Bill than in the present Bill, with incentives given for good stewardship of land, and so on. I wanted to get your feelings on that. It does not change the wider regime for assessing and monitoring water quality that is enshrined in English law under the 2017 environment regulations. Do you feel that the Bill sufficiently sets out the direction of travel on leaving the European Union? As I say, the only way is up. Does it give you sufficient comfort that there will no regression?

Ian Hepburn: The problem is that we do not see non-regression. The way could be up or down, given the way the Bill’s provisions are set out. There is nothing to stop the Secretary of State from changing the substances listed or the standards for those substances in the same way that there would have been had we been part of the EU and, alternatively, had we had a non-regression clause within the withdrawal Act. Again, that has gone. As my colleagues have made clear in earlier sessions, we consider that clauses 19 and 20 do not amount to non-regression obligations. That is the risk that we see. We think that some amendments to clause 81 could soften the impact of the risk and of going in the wrong direction.

[Cherilyn Mackrory]

Q To my mind it feels as though the Secretary of State is able to leave that open to do things differently from before, and that it is not an intention to regress.

Chris Tuckett: I absolutely would like to think that. I really would, and I think we all agree this is a significant piece of legislation under this Administration. I am sure this Administration would absolutely think that this was about non-regression, but for the future, for the continuity of the Bill and what happens under the next Administration and the one further on, making that very clear would be extremely helpful.

Stuart Colville: I will make one quick comment on agricultural run-off, if I may. Incentives being put in place through the Agriculture Bill, which are really important, need to be coupled with a decent regulatory baseline. At the moment there is mixed evidence about that baseline. One option might be to set a target through the Environment Bill, not just on water and some other sectors, and to think about how that works with agriculture. That refers back to the integration point that we discussed.

[Rebecca Pow]

We have a couple more minutes. This is not a question, but an observation. The whole purpose of the Bill is to significantly improve the natural environment; that is why the targets are set there. They should achieve what has just been referred to. We have not touched on water abstraction, on which there is a measure in the Bill.

Environment Bill (Fourth sitting)

Cherilyn Mackrory Excerpts

Committee stage & Committee Debate: 4th sitting: House of Commons
Thursday 12th March 2020 Public Bill Committees

[Kerry McCarthy]

Q On the health and wellbeing point, it was mentioned as a possible objective, but we took evidence this morning about air quality and water quality, and witnesses in both sessions suggested that we were ignoring the impact on the human population. Should there be something in the Bill that talks about people, or should it be a Bill that talks about the environment? Should we bring people into it as well?

Dr Benwell: It should definitely be in there. I think there is full potential for that to be covered in the Bill. If there is not, it should be broadened out. Yes, definitely, we should think of our approach to the natural environment as serving wildlife and people. Setting an overarching objective is one way to do it, or you could deal with specific areas.

George Monbiot: And specifically listing children and future generations as people for whom there is a particular duty of care in terms of protecting the natural environment.

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

Q Thank you for your evidence so far, which has been really informative. I want to take you back to the discussion on targets—we are hearing about these things quite a lot from different stakeholders—and to your example of Dartmoor, if I may. You might know more about this than I do, but it is my understanding that about half a millennium ago Dartmoor was actually an ancient woodland, and they cut down the trees to make the ships to build Henry VIII’s navy. I do not know whether I am right about that, but that is what I have heard. I do not know whether the target for somewhere like Dartmoor should be to keep it as moorland or to regenerate it to woodland, if that was case.

I feel that the Bill is the overarching framework for a positive way forward, and that were we to try to lock in all sorts of specific targets it would lose what it is trying to achieve, because there would be so much going on. What is your opinion on taking the matter to secondary legislation in the future so that we could listen to experts? I do not know what the experts would say about somewhere like Dartmoor. They might have differing opinions, and then how would we know what success looks like?

George Monbiot: You raise the fascinating issue of baselines. What baseline should we be working to? Should we be working to an Eemian baseline—the previous interglacial, when there were elephants and rhinos roaming around, with massive, very positive environmental effects, and there was an identical climate to today’s? Should we be aiming for a Mesolithic baseline, when there would have been rainforest covering Dartmoor; a Neolithic one, when it would have been a mixture of forest and heath; or a more recent one, which is basically heath and grass, with not much heath left?

The truth is that baselines will continue to shift because we will move into a new climatic regime. All sorts of other environmental factors have changed, so we will never be able to recreate or freeze in time any previous state. That is why I think that a general legislative aim should be restoration and the re-establishment of missing species, without having to specify in primary legislation which ones they will be. The restoration of missing habitats, as well as the improvement and enhancement of existing habitats, is the bit that is missing from clause 93. We could add in habitats that we no longer have but could still support. However, we should not lock it down too much.

A big problem with existing conservation, particularly with its single-species and interest-features approach, has been to lock in place previous instances of environmental destruction. You will go to a site of special scientific interest and it will say, “The interest feature here is grass no more than 10 cm high.” Why is that the interest feature? Because that is the condition in which we found the land when we designated it as an SSSI. Is it the ideal condition from an ecological point of view? Certainly not.

We need flexibility, as well as the much broader overarching target of enhancing biodiversity and enhancing abundance at the same time. We could add to that a target to enhance the breadth and depth of food chains: the trophic functioning of ecosystems, through trophic rewilding or strengthening trophic links—“trophic” meaning feeding and being fed upon. Having functioning food webs that are as deep as possible, ideally with top predators, and as wide as possible, with as many species at every level, would be a really great ecological objective.

Dr Benwell: You are right: we would not want to set detailed targets for the condition of Dartmoor in the Bill. That would not make sense. Nor, indeed, do we necessarily want to set numerical targets for anything else. What we need is the confidence that the suite of targets will be comprehensive and enough to turn around the state of nature. In the Bill at the moment, that legal duty could be fulfilled by setting four very parochial targets for air, water, waste and wildlife. I do not think that that is the intention, but when it comes down to it, the test is whether the target would achieve significant environmental improvement in biodiversity.

You could imagine a single target that deals with one rare species in one corner of the country. That could legitimately be argued to be a significant environmental improvement for biodiversity. Unquestionably it could, but what we need—I think this is the Government’s intention—is something that says, “We are not going to do that. We are going to treat the natural environment as a comprehensive system and set enough targets to deal with it as a whole.”

I can think of three ways of doing that. You could set an overarching objective that says what sort of end state you want to have—a thriving environment that is healthy for wildlife and people; you could list the different target areas, as I had a go at before, on the basis of expert advice, and make sure that those are always there; or you could look again at the significant environmental improvement test and make it clear that it is not just talking about individual priority areas but about the environment as a whole, on land and at sea. It does not matter how the Government do it. I think that is their intention. However, at the moment, we are not convinced that the legal provisions in the Bill would require that now or in future iterations of the target framework.

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

Q I wanted to follow up on your earlier comments about the target framework, when you said it needs to have more teeth—I agree about that. You specifically talked about how environmental improvement should be linked to targets. As you know, when it comes to targets, this Bill hangs a lot on significant improvement tests. Can you tell me more about those tests, and whether you think they are appropriate metrics?

Dr Benwell: The test is not really a metric; it is a subjective opinion of the Secretary of State. Of course, that will be an informed opinion, but the significant improvement test is, “In the opinion of the Secretary of State, will a significant improvement be achieved through a particular target?” I am sure the Secretary of State will take advice on that, but it is a fairly loose test at the moment, and one that does not necessarily guarantee that sort of overarching improvement. I will leave it at that, because I am hopeful that in 3.5 minutes, we might return to net gain.

Environment Bill (First sitting)

Cherilyn Mackrory Excerpts

Committee stage & Committee Debate: 1st sitting: House of Commons
Tuesday 10th March 2020 Public Bill Committees

[Alex Sobel]

Q I will speak to two areas. First, when I engage with people in both the food and drink industry and the waste compressing industry, one issue is the lack of reprocessing facilities, but the second—and usually more important—issue is the quality of the bales of material. When they show me a bale from France and a bale from the UK, the French bales are much cleaner than the UK ones. Are the provisions in the Bill going to improve that so we can have better recycling?

Secondly, you alluded to the market in waste pushing up the cost of these bales, which is a disincentive to invest in reprocessing. Do you think that the provisions in this Bill will pull that back? As an adjunct, there is the issue of transfrontier shipments of waste—that is, waste being sold overseas. Again, do you think the provisions in this Bill will help us end that practice and engage in reprocessing in order to create a circular economy in the UK?

Martin Curtois: There are a couple of elements that we have to bear in mind. First, due to the changes in China and many other markets, the emphasis in those countries is on a race to the top. They are insisting on premium quality, and if we provide premium-quality bales it is much easier to have a market, so the way that has changed has actually been beneficial to some extent. Also, the overall value of these commodities has fallen, as with many others, so it is even more important that the product you are producing is of a premium quality. It is very important that we get that right at the start.

The Bill’s emphasis on encouraging more investment within the UK was one of the very clear signals that was outlined in the strategy. To give you an example, with plastic pots, tubs and trays, it is currently inconsistent. Part of that is that they are of little value as things currently stand, but if they were being collected separately under a formalised approach, it would be easier to generate value from them. That is the case with all elements of recycling. If you can collect clean product—this is why DRS may be advantageous as well—in sufficient quantity, it is easier to make a high-grade product for reprocessing.

There are a number of principles within the Bill that are pointing us in the right direction. From the sector as a whole, if the Bill becomes a reality and, as a result, we make it easier for the reprocessors to produce a good product, and if they have confirmation that the legislation is there and they are not investing in something that, 10 years down the line, will no longer be a Government priority, the money is there to go in. There is a benefit to the UK economy as a whole, because these facilities are needed throughout the UK. It is just where people are and where the waste is, so there can be a knock-on benefit nationally to the economy.

David Bellamy: On the issue of quality, the powers in the Bill around EPR reform will help the situation. They will change the dynamic, in the sense that producers will be in the driving seat in terms of how payments are made to local authorities for collection. Those payments will only be handed over against agreed quality standards, so there will be a much bigger drive towards quality collections, which is what we need. Combined with the consistency approach, that will help the situation considerably.

We have also not mentioned the DRS, which will also help the quality of collections as far as particularly polyethylene terephthalate plastics in drinks bottles are concerned. That will also have a positive impact on quality. There is still an issue, as I suggested earlier, about the option of the industry working more with Government to develop quality standards and ex-MRF for bales and such. In many places on the continent, they have much higher standards for accepting materials, and we ought to be doing something similar here.

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

Q I am interested to see that the Bill provides a balance between the detail and the direction of travel. My question is to do with how much of a carrot or stick approach the industry needs from Government. The industry has come on in leaps and bounds in this direction in recent years, but in terms of consistent labelling and practices between different local authorities, how much of a stick or carrot approach do you think the industry needs from Government? Or is industry able to take charge on this?

Martin Curtois: Consistency of labelling could be one of the most significant changes in the right direction. At the moment you have this awful phrase, “widely recyclable”, and no one knows what it means. It could apply to one local authority and not to another. We would advocate literally a simplified traffic light system, whereby green is recyclable and red is not. I think the shock, for a retailer or producer, of having a red dot on its packaging would be such that it would want to avoid it. At a stroke, you would be improving recyclability straightaway.

That is one key element of it. It also drives people mad that they just do not know whether a product is recyclable or not, so you would get an improvement not only at the front end in terms of the manufacturers’ production, but in the materials we receive at the processing facilities. As you can imagine, we receive thousands of tonnes of materials a year. Anything that can be done to ensure that people are sorting it more efficiently at the outset will make our job of reprocessing it more straightforward.

Andrew Poole: For me and for small businesses, a lot of this legislation is generally about trust. The problem is that, if we do not get these things in place, everyone knows that the stick will come. There is an opportunity at the moment to be on the front foot. A lot of our engagement around the Bill has been about keeping businesses on the front foot and steering the legislation in a way that is beneficial to everyone. It is a case of giving all of these things a consistent approach, including labelling, for example. It is about trust in the outcomes of the legislation, and about making the right decisions. It is about trusting what they can see and seeing that the decisions are the right ones. It is important to have that transparency around the whole Bill.

[Kerry McCarthy]

Q Can I ask the FDF about food waste? It is mentioned peripherally in the Bill in terms of the separate collections and so on, but there is nothing more. There is a food strategy being worked on by Henry Dimbleby and others, which may have stuff in it. Is there scope for more specific provisions in the Bill? For example, Courtauld is still voluntary. Progress is being driven by the good guys rather than there being an obligation on everyone. You referred to the figures produced by WRAP. Could the Bill do more on that?

David Bellamy: We have not identified any shortcomings to date. Obviously, there are voluntary approaches. You mentioned WRAP, and there is also the UK food waste reduction road map. Companies are signing up to that in increasing numbers and manufacturers are making good progress. We are expecting a consultation on food waste reporting from the Department for Environment, Food and Rural Affairs soon, and there is no need for primary powers in the Bill to do that. There was talk of the potential for powers on setting targets down the track. I am not sure where the Government are on that at the moment.

We have not identified any shortcomings as such. The inertia is there with the UK food waste reduction road map, and knowing that food waste reporting is going to come in as planned as a legal requirement in line with the road map.