DRAFT ENVIRONMENTAL TARGETS (BIODIVERSITY) (ENGLAND) REGULATIONS 2022 DRAFT ENVIRONMENTAL TARGETS (WOODLAND AND TREES OUTSIDE WOODLAND) (ENGLAND) REGULATIONS 2022 DRAFT ENVIRONMENTAL TARGETS (WATER) (ENGLAND) REGULATIONS 2022 DRAFT ENVIRONMENTAL TARGETS (MARINE PROTECTED AREAS) REGULATIONS 2022 DRAFT ENVIRONMENTAL TARGETS (FINE PARTICULATE MATTER) (ENGLAND) REGULATIONS 2022 DRAFT ENVIRONMENTAL TARGETS (RESIDUAL WASTE) (ENGLAND) REGULATIONS 2022

Daniel Zeichner Excerpts

Monday 23rd January 2023 General Committees

[Daniel Zeichner (Cambridge) (Lab)]

It is a great pleasure to serve with you in the Chair, Mr Stringer. Good luck tonight—I think it is going to be a more complicated discussion than we usually have on these occasions. I suspect it will be quite lengthy, so I will give the short version of our response first: weak, late and unambitious. Just like the Prime Minister did a few week ago, the Government set a modest goal, make it a bit easier, set that as a target, hope the public do not notice and then claim they have achieved it. Target setting can be done in a number of ways. Well, what is going on here has been noticed. As we go through the detail—there is plenty of it, as we see on the table in front of us—it will become apparent just how weak these measures are. Let us remember that these are not even actual measures; they are just targets for measures that may or may never happen—weakness on steroids.

Let us start with late. The House of Lords Secondary Legislation Scrutiny Committee’s excellent report says:

“The instruments were laid before Parliament more than a month after the deadline required under the Environment Act 2021, putting the Department for Environment, Food and Rural Affairs…in breach of its statutory obligation.”

So law breakers as well—keep your seatbelts on.

The Secondary Legislation Scrutiny Committee also stated:

“Public consultation generated significant interest, with a clear majority of respondents (in most cases over 90%) calling for more ambitious targets. We note, however, that despite this feedback, the Department has decided against greater ambition and, with regard to the target for trees and woodland cover, has opted for a target that is less ambitious than that originally proposed during consultation, on the ground that the more ambitious target would be unrealistic.”

That is a pretty damning assessment, particularly on issues of such importance.

I am afraid the Government are continuing to fail our environment in England. The targets set by this SI do much less than is needed to reverse the damage done. As the Government’s own environmental watchdog, the Office for Environmental Protection, said in its review of progress last week:

“Of 23 environmental targets assessed, none were found where Government’s progress was demonstrably on track.”

The Office for Environmental Protection chair, Dame Glenys Stacey, said:

“Progress on delivery of the 25 Year Environment Plan has fallen far short of what is needed…There have been recent improvements in air quality and people’s engagement with nature, as Covid lockdowns changed the way we live our lives. But many extremely worrying environmental trends remain unchecked, including a chronic decline in species abundance.

Our assessment shows that the current pace and scale of action will not deliver the changes necessary to significantly improve the environment in England.”

That is pretty damning from her too.

Recent figures show that more than 60% of people in England now breathe illegally poor air. Our wildlife numbers are in freefall, and more communities are exposed to catastrophic flooding. That is not to mention the toxic waste infecting our rivers, canals and waterways.

Let me turn to the detail of this biodiversity SI. There is much to be done, because the UK has the lowest remaining levels of biodiversity among the world’s richer nations. Last year, the Environmental Audit Committee lambasted the Government’s approach to nature—specifically, the failure to stem huge losses of plant and animal species. Globally, we have seen a massive decline in the number of plant and animal species—up to 1 million species are currently under threat of extinction. Closer to home, we are at risk of losing many beloved species. Puffins are projected to decline across Britain and Ireland by nine in 10 within 30 years, 14 seabird species are regarded as being at risk of negative climate change impact, and there has been a two thirds decline in flying insect numbers in England in just 16 years.

[Mr Sheerman]

Many of my constituents are very fond of water voles, which figure in much children’s literature—misdescribed as “Ratty”—and hedgehogs. If we are slow in doing this—it seems that these regulations will initiate a very slow procedure—it will be too late to save those species, so we need urgent action.

[Daniel Zeichner]

As ever, I find myself in complete agreement with my hon. Friend. We do not believe that the ambitions to halt the decline of species abundance in the UK are good enough. The measures in this SI are too weak. We must be nature positive. We should be aiming for a dramatic incline in species abundance.

The agreement signed by the UK Government at the biodiversity COP15 to protect 30% for nature and restore 30% of the planet’s degraded ecosystems was welcome news, but we judge the Government’s commitment to their new international obligations against their actions. It is the environmental targets in these SIs that will drive nature’s recovery on the ground. We agree that the aim to halt the decline of wildlife by the end of 2030 is in keeping with the promises made at the biodiversity COP15 in Montreal last month, but I would be grateful if the Minister could confirm if the refreshed environmental improvement plan due next week will set out the practical steps needed, including in particular—as has been mentioned—how the new environmental land management schemes will contribute to meeting the targets in the statutory instrument.

I am afraid that the statutory instrument contains a serious omission. I am grateful to Green Alliance for pointing that out and providing detailed briefings on this SI and the others. The SI fails to include a target for the condition of sites of special scientific interests, or SSSIs, which are supposed to protect ancient woodland, hay meadows, peat bogs, grasslands, moorland, marshes, flood plains, chalk streams, estuaries and stretches of coast. In England, fewer than 40% of SSSIs are in a healthy condition. Others are plagued by pollution, mismanagement and neglect, apart from being under increased threat from extreme weather, wildfires and rising sea levels. These sites are the key to driving nature’s recovery, and improving their condition is essential in meeting the environmental targets that we are discussing.

At Geltsdale in Cumbria, for example, improvement in SSSI condition has increased the abundance of a diverse range of bird species, including the black grouse, whinchat and grasshopper warbler, while sphagnum mosses and plants have also responded well. There is little point in designating more land for protection on paper when, after 13 years, so many existing sites that should receive the highest levels of protection instead languish in a poor state.

The statutory instrument is so important for the future of our cherished wildlife and biodiversity. It is clear, though, that the lack of ambition in the targets means that they will ultimately fail to measure up to the commitments made by the Secretary of State in Montreal in December. We will accordingly vote against the instrument.

[Mr Sheerman]

I am pleased to be able to speak in the debate: I want to speak about the timescale. I am appealing because I sometimes think, as a parliamentarian, it would be so nice if the only people who could vote when we are in the Chamber or in Committee were the people who actually listened to the Minister and the shadow Minister, rather than just playing with their screens. That is how Parliament has been changed by people’s use of individual communications.

This is an important debate, and I am sure that we all recognise how fundamental it is. Tonight, I will have the pleasure and honour of having dinner—if we ever get to it—with the professor from University College London who wrote “Here Comes the Sun”. The lesson from Professor Steve Jones is that there is not a lot of time. Slight things will happen in biodiversity or to nature, but he believes that we are rapidly making this planet unable to support human life. That is the really serious nature of where we are today.

Because of that, I totally support the Opposition spokesman. He is an old and respected campaigner—

[Daniel Zeichner]

Not so much of the “old”.

[Mr Sheerman]

He is not as old as me, of course, but he is very respected in this area. He shares my view that all this is too little, too late, and it is too weak. Tomorrow, I have a debate in Westminster Hall on how we can cut the poisonous fumes that are emitted from vehicles, which are causing that dreadful plague whereby people in our constituencies are not able to breathe clean air. We all know the level of the challenge, but we do not have a Government or Department that see how important and rapid progress must be if we are to stop this dreadful move towards a climate change disaster.

Thank you for accepting my request to speak, Mr Stringer. You are always a kind and generous person when those of us from Yorkshire seek to get your attention.

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[Daniel Zeichner]

Biodiversity is inextricably linked to trees, so we move on very nicely. Tree planting is an important natural solution to the nature and climate emergency, helping to decrease CO₂ emissions by storing carbon in the soil and to mitigate the effects of the climate emergency that we are already seeing by preventing flooding. It is disappointing, therefore, that DEFRA is proposing a tree canopy cover expansion target one third lower than the one it consulted on. The draft 17.5% target was proposed by DEFRA and agreed by the Department’s own expert group. Will the Minister explain why the Department lost confidence in its own consultation proposals and its expert panel’s recommendations for a higher target, as well as overlooking the responses to its consultation?

The target in the SI also fails to prioritise native trees. I find myself in agreement with the Woodland Trust, which has described that as “hugely disappointing”. That is against a background of failure, because in recent years the Government have failed dismally to deliver the existing tree planting target. There are concerns about the current rate of planting, which means that even their weak target will not be met until 2091—over 40 years too late. Will the Minister give us an up-to-date assessment of how many hectares of trees were planted in England last year? How many will be planted this year and next? That matters in the context of this SI and its watered down target.

As well as creating and maintaining new woodland, the management of existing woodland needs to be improved. The fact that that is not included in the SI suggests the Government will fail to do that, and that will cause further environmental damage and offset the benefits of the new woodland being created. Sustainable management of our woodland is essential not just for precarious and dangerously fragile habitats such as our own temperate rainforests, but for the effective protection of woodland and urban trees.

I will conclude on that note. I think I had my pages in the wrong order, which was bound to happen at some point, but I do not think that will trouble the Minister—the essential points have been made.

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[Trudy Harrison]

The target to have 16.5% tree cover across England requires us to plant around 7,500 hectares of trees annually. The hon. Member for Huddersfield asked me a very direct question about how many have been planted recently. I believe that last year some 2,700 hectares of trees were planted, so we need to make a significant improvement in the rate and, significantly, the speed at which we plant trees. As the lead Minister for Natural England, I am working with that organisation to ensure that we speed up tree planting.

There were questions about coniferous trees and broadleaf trees. I want colleagues to know that we considered the inclusion of statutory sub-targets but decided not to move forward with those proposals. We intend to give a transparent picture of the contribution from each planting type towards the target through the Forestry Commission’s statistics. We will use policy and incentives to encourage the planting of woodland types that we want to see. The actions that we are taking through the England trees action plan, the suite of targets being released, our biodiversity targets in particular, and the UK forestry standard will act as a real driver for native woodland planting, and ensure that the woodlands we create are mixed.

[Daniel Zeichner]

Will the Minister give way on that point?

[Trudy Harrison]

Very briefly.

[Daniel Zeichner]

I am listening carefully to the Minister’s explanation of the ratio between broadleaf and conifer, and I could not understand it at all. Will she explain why it was decided not to set a proper target, particularly given that the head of Natural England, my constituent Tony Juniper, has expressed his disappointment about that?

[Trudy Harrison]

It would be unfortunate to get into a form of tree snobbery. Different species require different trees. I look out on the beech tree in my garden, which is the preference of the tawny owl, but I also see the mistle thrush taking its position at the top of the Sitka spruce. We still expect to see significantly more broadleaf woodland planted than conifer.

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[Daniel Zeichner]

From watered-down tree targets to water targets. It will not be news to anyone here that rivers in England are in big trouble. As my hon. Friend the Member for Huddersfield pointed out, not one river is in a healthy condition—not one meets good chemical standards, and only 14% meet good ecological standards. It is fair to say that our waterways are suffering from a toxic cocktail of agricultural and sewage pollution.

Just last month at COP15, global leaders promised to clean up our rivers and committed to protecting 30% of nature by 2030. That was good, but unfortunately it was short lived, because during the summit, the Government confirmed that there would be no target indicator on river health—the only measure for water companies and the public to know whether their water is clean. Will the Minister confirm whether the existing 2027 target under the water framework directive will be carried forward—or will it fall victim to the Retained EU Law (Revocation and Reform) Bill?

The Government’s decision on that target means that the statutory instrument we are scrutinising completely undermines the UK’s 30 by 30 commitment. The existing target, set under water framework directive regulations, requires water bodies to achieve good ecological status by 22 December 2027 at the latest. However, when that target expires, we will be left with no long-term target for the overall ecological improvement of rivers and streams in England. The absence of an overarching water quality target leaves uncertainty for businesses and uncertainty about environmental outcomes. Put simply, a target that expires in four years is not sufficient to drive a meaningful improvement in water quality.

[Mr Sheerman]

Does my hon. Friend agree that, if we are going to have water quality targets but we do not have a Government that can be strong enough with the water companies that are pouring sewage into our rivers, streams and oceans, there is no hope? Looking across the room, I see that there is a Member present with a name that resonates with sea creatures—I am talking about crabs. Around our country, crabs are disappearing because of the sewage that has been pumped into our seas. I want the crabs to be able to live and thrive in our country.

[Daniel Zeichner]

As ever, I am grateful to my hon. Friend—and, as ever, he pre-empted what I was about to say. Labour absolutely understands that. That is why we will introduce a legally binding target to end 90% of sewage discharges.

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

I think I was referred to by the hon. Member for Huddersfield a few moments ago, but I remind the Opposition spokesman that in Wales—under the Welsh Labour Government—we have major problems with sewage going into our watercourses. He talks about Labour’s commitment; where is the practical evidence of that when it comes to how it governs in Wales?

[Daniel Zeichner]

Obviously, we want crabs to flourish wherever they may be found, but I gently remind the right hon. Gentleman that we are discussing the legislation in England.

Let me return to the Minister and ask her a simple question. Will she tell us how she plans to safeguard the health of our rivers without committing to an overall target for water quality?

[Nick Smith]

I asked the Minister for an idea of the number of face-to-face staff who would be able to help our farmers across the country produce good-quality water, but she was not able to answer. Does my hon. Friend agree that it would be good to have an assessment from the Department of the number of people who would be needed to support our farmers across the country to prevent poor-quality run-off and ensure that we have better water for the future?

[Daniel Zeichner]

My hon. Friend makes an interesting observation. The issuing of advice to farmers is very important. It is one of the welcome things that has come through the environmental land management schemes. My hon. Friend hits the nail on the head: we need to know exactly how much advice will be available, to whom it will go, and whether it is likely to achieve a change in behaviour.

Last year, 2022, was a very dry year of high temperatures. Water shortages were a reality, with hosepipe bans across the country. The former Environment Agency chief says that lack of water presents an “existential” threat. Treating wastewater and delivering clean water to households is also a big emitter of carbon dioxide. A target to reduce water demand is therefore vital, but the one in the SI is framed as a relative target based on population. With a rising population, that means that overall water abstraction—the process of taking water from a natural source, often for industrial use—can continue to increase unchecked.

We cannot reduce shortages without addressing one of the key causes: over-stressed infrastructure in need of repair. The system is creaking at the seams, and plugging those leaks will require an investment of perhaps £20 billion. Does the Minister not agree that private sector investment is likely to fall without a legal target for scrutiny and accountability?

Finally, let me touch on enforcement and regulation. In the consultation, the Government promised to allow for objective scrutiny and accountability of their progress, but the statutory instrument fails to achieve that goal. The Environment Agency is unable to properly inspect the practices of water companies. Let me therefore use this opportunity to reaffirm Labour’s commitment to giving the Environment Agency the power to properly enforce the rules. We will deliver mandatory monitoring of all sewage outlets. We will introduce automatic fines for discharges, and a standing charge penalty for discharge points without monitoring in place. Water bosses who routinely and systematically break the rules will be held professionally and personally accountable, and illegal activity will be punished.

We see nothing of that strength in this SI. That is why we will be opposing it—because it falls short. It does not guarantee an improvement in the freshwater environment in England and it does nothing to hold water bosses accountable.

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[Daniel Zeichner]

We go from water to marine, Mr Stringer. The seas and oceans around us support diverse marine ecosystems; they provide rich biodiversity and act as carbon stores. But our marine environment and the creatures that call it home face innumerable threats from human activity, including the damage from waste and toxins and from dredging and dragging the seabed, and the destruction of corals, maerls and sandbanks. Marine protected areas are an important tool in safeguarding our ocean’s future, so I am pleased that there is a commitment to extend the network. However, I share the concerns held by many stakeholders that the plans are not ambitious enough, and fail to align with the 30x30 targets. In particular, the representation of marine species in the 2030 species abundance target remains poor. Therefore I ask the Minister this. Will she agree to consider—

[Mr Sheerman]

Will my hon. Friend give way?

[Daniel Zeichner]

Yes, at the end of the sentence. Will the Minister agree to consider the addition of species to the indicator over time, to make it more representative of England’s marine biodiversity?

[Mr Sheerman]

I am very grateful to my hon. Friend for letting me intervene yet again. Is he not worried? He, like me, is a devotee of fish— together we have consumed a lot of fish. I go round the usual places where people buy fresh fish on the coast, and they are not selling any. They are not selling; people cannot buy fish in most of our ports and harbours as they used to, and the excuse given is that the sea is heating up or that there is pollution. What are we going to do to find out what is going wrong around our coast, with crabs dying and crustaceans having to be imported? When are we going to get some action?

[Daniel Zeichner]

I thank my hon. Friend; he makes an important point. Certainly there are parts of the country around the coast where fishers complain that their basic problem is a lack of fish, but I do not agree with my hon. Friend that it is not possible to buy fish anywhere around our coast. There are places where the fish continue to be fished and fishers continue to thrive. What we want, of course, is to ensure that that continues to be the case.

Healthy seabeds are home to many species and drive richer marine ecosystems, but sadly, marine protected areas currently fail to protect them adequately. We need to see a broader programme of ocean renewal. Globally, saltmarsh and seagrass beds alone can store up to 450 million tonnes of carbon dioxide a year. That is almost half the emissions of the entire global transport industry. Restoring these key marine ecosystems could lock up billions of tonnes of carbon each year; that is 5% of the savings needed globally. A sustained programme of ocean renewal must be part of any plan to tackle the climate emergency.

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[Daniel Zeichner]

We are getting there, aren’t we, Mr Stringer? It is probably time to come up for air, and this measure is about air.

A key element of preserving our environment is clean air. It is vital that we remember that our ecosystems are damaged by toxic air and air pollution, as are our waterways and the natural habitats of our wildlife. Of course there is an impact on human life—indeed, toxic air contributes to the deaths of many people who we represent in this House—so it is a matter of deep regret that the Minister has missed this golden opportunity to show leadership to clean our air and get things done.

Air pollution has been recognised by the UK Government to be the single largest environmental risk to public health, and we agree. An increasing body of evidence has linked air pollution to the causation and worsening of existing respiratory and cardiovascular diseases, as well as a likely link to cognitive decline and dementia risk. This is a major public health crisis.

Despite limited action to reduce pollution levels, there is still so much more that must be done at a national level to reduce the impact on our health and on our economy. The proposed targets for 2040 that we are considering can hardly be considered world-leading or ambitious. The proposed target for the annual mean concentration of air pollution—10 micrograms per cubic metre by 2040—is based on the World Health Organisation’s air quality guidelines, which were published as long ago as 2005 and surpassed in 2021 by a new guideline level of 5 micrograms per cubic metre.

I am afraid that we are falling behind internationally. The USA’s legal target for PM_2.5 has been stronger than the UK’s since 2012, having been set at 12 micrograms per cubic metre, and the US Environmental Protection Agency is considering lowering that further to between 8 and 10 micrograms per cubic metre. In Europe, the EU Commission proposed last October a target reduction of PM_2.5 to 10 micrograms per cubic metre by 2030.

A study by Imperial College London shows that an annual mean concentration of 10 micrograms per cubic metre can be achieved across 99% of the country by 2030 using policies already proposed by the Government, coupled with those set out in the Climate Change Committee’s sixth carbon budget, and a similar conclusion was reached in DEFRA’s clean air strategy in 2019. It is therefore a matter of regret that the Government, thorough this SI, have essentially ignored the wishes of the people and the businesses that responded to the consultation. Will the Minister explain why the target is less ambitious than that sought by 90% of the responses to the Government’s consultation?

The Government’s proposals to improve monitoring capacity are not comprehensive enough to deliver a full picture of air pollution across the country or ensure that we meet these unambitious targets. For example, by 2028 the whole of London will be legally required to have only 15 monitors to assess compliance with the targets. That really is not enough.

We are deeply concerned that the SI will fail to deliver any meaningful reductions in pollution for those who live near the sources of pollution, such as main roads in our cities across England, because the Government will assess compliance with the population exposure reduction target by using only urban or suburban background sites where PM_2.5

“is not significantly influenced by a source or sources of pollution in close proximity to the site”.

Communities living near sources of pollution tend to be more deprived, from minority ethnic backgrounds, and less able to mitigate the health impacts of air pollution. This SI will therefore fail to protect the most vulnerable. We will oppose it because it does not grasp the seriousness of the situation facing us.

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[Daniel Zeichner]

So we get to waste, and the Opposition have three main areas of concern on this SI. First, the waste reduction target omits the majority of waste in England. The 50% reduction target excludes major mineral waste created from construction, demolition and excavation activities. That is a significant oversight, as that type of waste, while easier to handle than other waste streams, accounts for the majority of waste produced in England and carries environmental costs. The construction industry uses more resources than any other sector in the UK, the extraction of which results in high carbon and environmental impacts—and yet we have heard little about that from the Minister today.

Secondly, the lack of ambition is an area of concern. Government modelling shows a rapid reduction in residual waste of 25% expected between 2024 and 2028. That means that half of the targeted fall in residual waste is estimated to have been achieved by 2028, with the next 14 years seeing the remaining 25% fall from 2019 levels. That moderate fall over more than a decade can be achieved with minimal measures, a licence for low- ambition waste reduction policies throughout the 2030s. This should be set against the Office for Environmental Protection’s recent assessment of the Government’s progress in implementing the environmental improvement plan, which reports that waste headline indicators have actually deteriorated since 2018.

The need for a high-ambition approach to drive meaningful progress towards waste reduction has never been greater. With Government modelling suggesting that 91.9% of waste is either readily or potentially recyclable—or potentially substitutable to a material that can be recycled—the 50% target falls short of both what is necessary and achievable.

Finally, we agree with many stakeholders, such as the Wildlife and Countryside Link, who want to see a target to reduce resource consumption. A target for residual waste alone does not account for the extractive effects of economic activity on the natural environment, and will not prevent them increasing. The Government had been expected to introduce a resource productivity target as part of the Environment Act target-setting process. They have stated that more time is needed to develop the evidence base and assess policies.

The Office for Environmental Protection and environmental NGOs have recommended the Government develop a target in that area that addresses resource use and the associated environmental impacts of consumption, including embodied carbon. Not setting a target for resource use, or for reducing the UK’s carbon footprint, means we will just carry on exploiting natural resources and exporting waste abroad, such as plastic for recycling, which can be an environmentally damaging substitute for meaningful progress towards a circular economy. Will the Minister tell us why no target has been introduced and what she is going to do about it?

My hon. Friend the Member for Newport West (Ruth Jones), the shadow Minister for waste, attended the Foodservice Packaging Association environment seminar last Thursday. It was clear from the response to her remarks that the industry is crying out for change and action in equal measure. This statutory instrument, like all the others—we go right back to where we started—I am afraid suffers from the crucial lack of ambition that makes the targets too easily achievable, frankly. That is a fault not just of the SIs we are debating, but of the Government’s targets in general.

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[Daniel Zeichner]

To return to the beginning, the Minister extols the Government’s progress, but how does she square that with the Office for Environmental Protection’s statement:

“We assessed 23 environmental targets and found none where Government’s progress was demonstrably on track”?

[Trudy Harrison]

The hon. Gentleman makes the point that targets are easy to set, which is why the Environment Act 2021 requires the Secretary of State to make meaningful and achievable targets. Further details of how we will achieve those targets are not far away. They will be set out in our environmental improvement plan. I look forward to sharing it with colleagues when it is published on 31 January. These targets are stretching. They are challenging. They require Government to work with the whole of society to achieve, but the results are worth fighting for: an improved environment, left in a better state than we found it. That is the intention of this Government. These targets support exactly that.

Question put.