Draft Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019
Debate between David Drew and Thérèse Coffey(5 years, 8 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)
I beg to move,
That the Committee has considered the draft Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019.
It is a pleasure to serve under your chairmanship, Mr Hanson. The draft regulations are among a number of statutory instruments under the affirmative procedure, to be considered as the UK leaves the European Union, and will ensure that legislation that protects biodiversity through the conservation of natural habitats and species of wild fauna and flora, and conserves wild bird populations, will continue to function after exit.
The draft regulations make technical legal amendments to maintain the effectiveness and continuity of legislation that would otherwise be left partially inoperable. The adjustments represent no changes of policy, nor will they have any impact on businesses or the public. The draft statutory instrument is introduced under the correcting powers in the European Union (Withdrawal) Act 2018, and principally makes amendments to the Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017 to address technical operability issues.
The territorial extent of the draft regulations is the United Kingdom, with some exceptions. Part 2 extends to England and Wales. Part 3 extends to England and Wales, but also extends certain provisions in certain circumstances to Scotland and Northern Ireland, in relation to certain specified reserved matters. As the implementation of biodiversity and nature conservation policy is a devolved matter, we have worked closely with the devolved Administrations on the regulations and on their respective instruments. Where the regulations relate to devolved matters they have given consent.
The Scottish Government and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland are making similar changes through their own secondary legislation. The Committee may be aware that we debated the DAERA measure in Committee on Monday, and it was passed by the House of Commons last night. The Scottish measure was debated in the Scottish Parliament’s Environment, Climate Change and Land Reform Committee yesterday.
Members of the Committee may be aware that the Royal Society for the Protection of Birds expressed concern that management objectives for the new national network of protected sites established under the regulations with regard to special protection areas were not commensurate with the objectives for the EU Natura 2000 network of sites, which are being replaced under new regulations 16A and 18A. We had some back and forth legal debate between Government lawyers and the RSPB, and to make sure the position was absolutely clear the Secretary of State took the decision to withdraw the provision in question, and re-lay the measure after redrafting. That was to make it absolutely clear that existing protections for species of wild birds and their specially protected areas will continue when we exit the EU. That has been welcomed by the RSPB.
Part 2 of the draft regulations amends the Wildlife and Countryside Act 1981 to ensure that species of wild birds found in or regularly visiting the UK, but not elsewhere in the EU, continue to be protected. Part 3 amends the Conservation of Habitats and Species Regulations 2017 covering England and Wales. Part 4 amends the Conservation of Offshore Marine Habitats and Species Regulations 2017 covering the United Kingdom’s offshore marine area. The changes in part 4 largely mirror the changes made in part 3.
Dr David Drew (Stroud) (Lab/Co-op)
What is the impact if we do not pass the Fisheries Bill and we crash out of the EU? Would that have an impact on this statutory instrument?
Dr Coffey
The Government have no intention of crashing out of anywhere. It is important to state that the statutory instrument is not directly related to fishing. I am aware of the issues, because I have signed legislation with regard to fisheries in the past 48 hours, when for a few short days we did not have a Minister. I am delighted that my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill) is now in post. He was due to attend this Committee, before he was elevated. He has significant fishing interests in his constituency, and he will now be cracking on, I am sure.
Part 5 of the regulations amends the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 with regard to the functions concerning imperative reasons of overriding public interest—often known as IROPI—and is consistent with changes made to the 2017 regulations.
The majority of changes under this instrument involve various terms in regulations or directives that relate to the EU being amended to be relevant to the UK. For example, the instrument removes references in the EU legislation to the UK as an EU member state. The five main changes mainly involve a transfer of functions from the European Commission to Ministers.
Sites designated in the UK under the nature directives are currently part of the EU’s Natura 2000 network. That is the contribution from the UK to what is called the Emerald network, which is run and administered by the Council of Europe, fulfilling the Bern convention. The sites in the UK will now form a national site network and will continue to fulfil the UK’s international biodiversity obligations. That was covered for Northern Ireland the other day, and it is being covered separately by the Scottish Parliament for Scotland, so we are dealing with other sites in the rest of the UK, as laid out. At the end of November last year, I wrote to the secretariat of the Bern convention, confirming that the sites would continue to form the UK’s contribution to the convention’s Emerald network of protected sites.
New regulations 16A and 18A set out ministerial responsibility to manage and, where necessary, adapt the national site network in co-operation with other Ministers. The network’s management objectives look to secure compliance with the overarching aims of the habitats and the wild birds directives, which will be in retained EU law.
This instrument transfers to Ministers functions relating to the designation of special areas of conservation that are currently undertaken by the Commission. Ministers will assess any new SAC designation proposals, acting on advice from the appropriate nature conservation body—Natural England in the case of the Government—and the Joint Nature Conservation Committee and using existing criteria. Selection of those sites will continue to be based on the criteria in annex III of the habitats directive.
This instrument, at regulations 25 and 26, transfers to Ministers the role of the Commission to offer an opinion to local decision makers, such as local planning authorities, as to whether IROPI apply where a plan or project may adversely affect priority habitats but there is no feasible alternative. In doing that, Ministers will need to take account of the national interest and consult widely, including with devolved Administrations and the JNCC. I think it is worth sharing with the Committee, as I did on Monday, that there have been no instances of that ever happening in the UK. Nevertheless, the Commission currently has the power to offer an opinion, and we thought it important, for operability, that that be brought over and made a power of Ministers.
A new instrument-making power, in new regulation 145 of the conservation of habitats regulations and new regulation 84B of the offshore marine regulations, allows Ministers to make amendments to the annexes and schedules where those reflect technical and scientific progress. The devolved Administrations will have the same powers. In essence, this is a “keeping pace” approach. Quite regularly, we see certain changes and learn new and different things about a variety of issues in relation to habitats, species and birds, and it is important that we have the power to keep up to date. Any amendment under the provision would need to be supported by expert opinion. Once the statutory instrument is, as I hope, passed, we will set out in guidance the means by which Ministers will seek that expert input, including from our statutory advisers, before deciding on any amendment to the schedules and annexes.
To ensure transparency and accountability of environmental performance, new regulation 9A of the conservation of habitats regulations will require Ministers to report publicly on the implementation of the regulations in their jurisdictions within six years from the date of exit and every six years thereafter. The position is exactly the same now, and the Secretary of State will compile reports into a combined UK report within two years. The requirement for biennial reporting on the use of any permitted exemptions or derogations from the strict protections of habitats and species is maintained. As a contracting party to the Bern convention, from which the habitats directive arises, the UK will remain obliged under article 9 and resolution 8 of the convention to submit those reports to the secretariat.
The draft instrument will ensure that the strict protections that have been in place for many years for our most vulnerable habitats and species will be maintained once we leave the European Union. For that reason, I commend the draft instrument to the Committee.
Draft Air Quality (Taxis and Private Hire Vehicles Database) (England and Wales) Regulations 2019
Debate between David Drew and Thérèse Coffey(5 years, 8 months ago)
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Dr Coffey
More than £3.5 billion has been set aside to tackle air quality—TfL was given money for that as part of its last settlement—and more money has gone to the Mayor of London and many other councils to make the changes necessary, such as retrofitting buses.
I am conscious that the Mayor of London would like more money, and the Secretary of State has agreed to support a spending review bid to tackle air quality in London. For example, the ultra-low emission zone charge, which will come into effect in a couple of months, is a significant step. The policy was initiated by my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson), but the current Mayor has taken it through. I also encourage TfL to think about its rules for taxis and how they can more quickly be made air-quality-friendly. TfL has made a good start; I am sure that it could go further.
The hon. Member for Stroud asked specifically about Plymouth. That question has come up once before, in an SI on air quality last year, but I am afraid that my officials and I cannot remember the answer precisely, so I hope that he will forgive me if I write to him and the Committee on that specific point. Nevertheless, I am sure that the Committee will consider the draft regulations important in giving local authorities the database that they believe necessary to tackle air quality in their local areas.
Dr Drew
I thank the Minister very much. I shall be quick. I gather that she is meeting the Mayor of Bristol later today, which is interesting and my Whip will no doubt know about that. Is that common when a local authority or a Mayor has failed an air quality arrangement? I am just praising her—does she say to local authority leaders and Mayors, “You’ve got to do better”, “This is how you can do better”, and, “Here’s some money to help you”? Is that what she does?
Dr Coffey
I am delighted, Mr Owen, that you persuaded me to take that intervention, because I have visited many areas around this country and I spoke to the Mayor of Bristol yesterday. Unfortunately, of all councils, only Stoke-on-Trent City Council is on track with the timeline for delivering the first part of its air quality plan; sadly, other councils have fallen behind. I have to keep emphasising and pushing the matter, which is why we have included ministerial directions. On directions, the High Court said that we should use further legal instruments with all councils, to ensure that they get on with improving air quality.
I am disappointed, because there has been funding and we need to crack on with this, so yes, I have regularly have done what the hon. Member for Stroud suggests. I have been to Nottingham and Birmingham, and I have met people from Leeds. I have been around the country regularly, although I have yet to visit many places. I am pleased to say that I have been to Derby, too, to meet councillors. Yes, I am looking forward to having a face-to-face with the Mayor of Bristol, although yesterday he assured me on the phone that he will present his plan by the end of March, which is welcome news for the citizens of Bristol.
Question put and agreed to.
Draft Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019
Debate between David Drew and Thérèse Coffey(5 years, 9 months ago)
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Dr Coffey
Within DEFRA, we have taken an approach of bringing several SIs into one, for instance when amending references to EU law and EU obligations so that they refer to retained EU law and retained EU obligations. For example, a statutory instrument that we debated yesterday will change several primary Acts—four, I think—and make three cross-cutting environmental amendments. We are grouping operability changes that commonly require several SIs within one SI. Those instruments often relate to one directive. The draft instrument covers one directive in its own right, which is why we are only discussing invasive species.
I appreciate the hon. Member for Stroud’s concerns about the draft instrument. As I say, it has been through the JCSI. It was laid in the first week of December, and prior to that, DEFRA opened it up to a group of stakeholders to look at, so that they could talk it through with our officials and raise any questions. So far, that has only happened to one other SI, to which he referred: the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019.
Unfortunately, before that draft instrument made its way through the JCSI process, and in response to feedback from the Royal Society for the Protection of Birds, the Secretary of State took the decision to change it. I thought my noble Friend Lord Gardiner answered questions on that rather well. The draft instrument was again laid before Parliament last night and will come back before the House in due course. I do not have a date for its return. That shows how, via stakeholders coming to the Government with suggested changes, we have been able to effectively consider the draft instrument before reaching the Committee.
On the hon. Gentleman’s wider points, I fully understand the biosecurity threats.
Dr Drew
Does that affect the draft Invasive Non-native Species (Enforcement and Permitting) Regulations, which were subject to consultation? Will that instrument be crucial for—dare I say it—the grey squirrel and the muntjac? It is entirely in line with this draft instrument, is it not, so when will it come forward?
Dr Coffey
As I just tried to explain, by going through this process with stakeholders we have changed that draft SI, which is why it was withdrawn and again laid last night.
The Government have not received any comments on this draft instrument, apart from what the RSPCA said about muntjacs and raccoon dogs. As I have tried to outline, the draft instrument is about operability, not changing policy. The draft enforcement regulations will be presented to the House, and I am happy to arrange for the hon. Gentleman to have a specific briefing on that. To reiterate, this is not about changing policy.
The hon. Gentleman was also concerned that the four nations could not get together. That is the element of devolution. There are quite a large number of our SIs over which the four nations have agreed to come together in different ways, but there are also those that the Governments have decided to approach through their own legislative vehicles. That is perfectly acceptable and respects the devolution process.
However, I assure the hon. Gentleman that we have had a Great Britain strategy since 2008, and we will continue to use that body to support all the Administrations as we work closely together on invasives. I particularly stress that the external borders of the United Kingdom are still a responsibility of the UK Government. However, the Scottish Government have decided to pursue domestic regulation through their own front.
On the impact assessment, the draft regulations will have no impact on external bodies, such as businesses, charities and voluntary bodies. A small cost is estimated for public sector bodies taking on the Commission’s functions, but those are limited and below the £5 million threshold, which, as the hon. Gentleman knows, is the level for publishing an impact assessment.
On the link between this statutory instrument and the invasive alien species order, this instrument will make the regulations controlling the spread and management of invasive alien species operable after we have left the EU. It will apply strict reservations on a list, to which I have already referred, so that such species cannot be imported, kept, bred, transported, sold, used or exchanged, allowed to reproduce or be grown, cultivated or released into the environment.
That list includes grey squirrels, although the debate is not about grey squirrels. The EU regulation has been in place since 2015. What has happened very recently is that Natural England has said it will not be issuing any licences for the release of grey squirrels. That may be a suitable debate for Westminster Hall, rather than here, but I point out that we know that grey squirrels threaten the existence of red squirrels, which are our native species. We need to stick up for the red squirrel.
The legal advice I have received is that we do not need to carry over the preambles. Section 6(3) of the European Union (Withdrawal) Act is specific, and shows that the interpretation of the regulation that happens today—which is what the preamble is about—will be the same as that used post-exit. Any changes in policy in the future will have to be decided by Parliament through changes to regulations.
I assure the hon. Member for Stroud that the cross-cutting principles are effective in UK law already—he will be aware of the proposals in the draft Environment (Principles and Governance) Bill. In terms of oversight, the bodies to which he referred will continue. Will the office for environmental protection oversee this area? As it stands, the bodies are there to provide advice, which is taken. The basic function of the OEP, which the Government have set out, is effectively to replace the Commission in respect of whether we are applying environmental law as we should. It provides an alternative way to do that, but of course Parliament is also there to scrutinise and hold the Government to account.
The hon. Member for Stroud asked why this statutory instrument does not change policy. That is not what we are allowed to do through these SIs—that is for another day. On the databases, I have referred already to the fact that we cannot say today that we will have access to this database. That will be the subject of ongoing negotiation and discussion. However, there is an obligation to co-operate. I am aware that this is a cut and paste, which the hon. Gentleman referred to. That is the point; it is what this SI is supposed to be.
Dr Drew
Are we negotiating over the TRACES database? Will we pay money to have access to that, or are we going to have our own database? That idea makes me feel cold, given that we are not necessarily that good at developing these databases, as even the Minister would accept. These things need to be understood. If we are shut out of that database, where will we get our information about invasive species from?
Dr Coffey
I have to say to the Committee that this is not my portfolio, so I have not been involved in the day-to-day negotiation about the IT elements. I want to point out that we have developed contingency plans to mitigate the impacts of losing access to the system. There is still the potential to make those changes as we move forward. If my noble Friend Lord Gardiner would like to say something that is different or to enhance what I have said, I will of course write to the hon. Gentleman.
In conclusion, this is a cut and paste from the existing EU regulation to ensure that when we leave the European Union the functions continue to have legal effect. I assure the Committee that the Government take the issue of biosecurity extremely seriously. We are very conscious of the concerns about African swine fever. We recently took action very deliberately against species that were being reintroduced on licence in the Forest of Dean, killing beavers, because they had a disease that was brought into this country. Unfortunately, they were imported from Germany, against the voluntary code of practice, which meant they should have come only from Norway or other parts of the United Kingdom. We will take action, even when it is unpopular, to make sure that we preserve the biosecurity of nature and animals in this country. I hope that the Committee will support the motion.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019.
Draft Humane Trapping Standards Regulations 2019
Debate between David Drew and Thérèse Coffey(5 years, 10 months ago)
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Dr Coffey
There is only one of me here.
The House is passionate about improving welfare standards. One of the slight risks of our leaving the European Union is that we have been at the forefront of promoting high animal welfare standards across the EU, and we will continue to do so. I am on my way to the Environment Council tonight, and I will continue to encourage my friends from other nations to keep up the good practice that we wish to set in place.
As I said earlier, the regulations do not have anything to do with the policy of trapping; they are about raising welfare standards for the policies currently in existence. I hope that the Opposition will support the regulations; I would be somewhat surprised if they were happy for animal welfare standards not to be so high in future. I am sure they recognise that.
Question put and agreed to.
Fly-tipping
Debate between David Drew and Thérèse Coffey(6 years, 6 months ago)
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Dr Coffey
My hon. Friend mentions the DVLA, and often the Data Protection Act 1998 is used as a way not to pass on information. I am happy to take that issue away and discuss it with a Minister from the Department for Transport. He also mentions the challenge of costs. If somebody is convicted of fly-tipping, the landowner or occupier can pursue a court order under the Environmental Protection Act 1990 to get the costs of the clearance reimbursed. I encourage councils and other agencies to keep going with attempts to convict, and to try to help private landowners.
Dr Drew
Does the Minister accept that satellite technology now means that it is difficult to hide the things that people used to be able to hide? That is something the Department could consider more seriously. Such technology is already used in some parts of the United Kingdom, but that would be a good venture for DEFRA to take up.
Dr Coffey
I do not know whether satellite technology would help us in this case, and I am not an expert on how best to present evidence to get a conviction. However, I will certainly ensure that the point is understood by my officials, so that they can raise it with the National Fly-tipping Prevention Group and the police.
Local councils, as the responsible authorities, have a significant role to play in tackling fly-tipping on private land. Fly-tipping gangs dump waste irrespective of whether the land is publicly or privately owned, and all local councils should therefore investigate fly-tipping incidents on private land. If there is evidence, they should prosecute the fly-tippers, and they can then recover clearance costs via the courts, as I have just outlined. However, not all councils are minded to do that, and only about half are actively trying to tackle the issue.
I am very alert to the challenges regarding council resources. The hon. Member for Coventry North East (Colleen Fletcher) praised her council but was concerned about the available resources. I gently point out that although Coventry City Council’s website states that support from central Government has fallen—in 2010-11, £153 million came from the revenue support grant and business rates, and that is now £122.5 million—that is not quite a reduction of the level that I thought I heard the hon. Lady describe, which was considerably higher. I emphasise, however, that councils have many more powers and the opportunity to recoup costs, and it matters that they use those powers if the issue is a local priority. However, the national Government cannot force councils to do so.
I encourage all councils to be alert to fly-tipping and to use their powers. When councils ask us for powers, we will try to ensure that they get those powers in the future. Councils currently have more than 20 powers to choose from to tackle fly-tipping, and we have recently spent time working in Committees to give them more. We have strengthened a council’s ability to search and seize the vehicles of suspected fly-tippers, and we have introduced a fixed penalty notice for small-scale fly-tipping. An additional 20,000 fixed penalty notices were issued in 2016-17, but not all councils have decided to implement those powers. Again, I strongly encourage them to do so.
Draft Waste Enforcement (England and Wales) Regulations 2018
Debate between David Drew and Thérèse Coffey(6 years, 8 months ago)
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Dr David Drew (Stroud) (Lab/Co-op)
I am delighted to serve under your chairmanship again, Mr Robertson. It must be waste, because all three of us—you, the Minister and I—are here. I welcome the Minister to her seat.
Dr Drew
Yes. At least we know we are not dealing with the bag of black waste; this time, we are dealing with more than that. We will not get into an argument over that.
I will make some general comments to start with and then home in on the statutory instrument, because this is an important issue. For anyone who lives in a rural area such as mine, there are three areas of constant complaint: potholes, dog excrement and waste—largely fly-tipping, because that is growing. I caught a little bit of what the Minister said yesterday—I am sorry that I could not stay longer—and I would love to see the evidence that shows that when local councils impose a charge, it does not lead to more fly-tipping. It is important for us to know what the empirical evidence is, so I hope she will provide it, otherwise she will get a raft of parliamentary questions from me.
The SI puts the onus on the landowner who has had something tipped on to their land to take even more responsibility for dealing with it. In her summing up, will the Minister say what the safeguards are around that? The landowner seems to get hit every which way: they have stuff dumped on their land, and if it is toxic material such as asbestos, which needs specialised treatment and removal arrangements, they have to pay for that, too. That leads us into interesting areas of responsibility and blame.
The problem of stuff being tipped is growing by 7% a year. The figures show that local authorities have dealt with more than 1 million incidents of fly-tipping. Whether that is going to legitimate waste sites or not, that is still dealing with the problem of waste in a way that we do not want. Inevitably, people will find alternative ways to try to dispose of their waste, which is when we see fly-tipping. In particular, people who are on the more criminal side will see an opportunity to open up sites and to take money from people.
Local authorities have carried out 474,000 enforcement actions, which cost them about £16 million. It is great that the Minister is giving £30 million to the Environment Agency, but my big question is: what is she giving to local authorities at the front end? They will only bring the Environment Agency in afterwards because, initially, it is local authorities’ responsibility. There does not seem to be any more money going to local authorities, which is a worry, because it means that there will be a build-up. Once people see a pile of rubbish, they tend to add to it, and it becomes more and more of a problem.
Today’s SI is pretty obscure; one has to like legal documents or like reading what SIs are about to want to read it. It is not even as clear as chucking things from vehicles, which we eventually agreed that we understood. To pick up on specific points, proposed new section 59ZB on page 3 gives a waste regulation or collection authority the power to issue notices where waste is kept or disposed of in their areas. It goes into detail about what they are, and about the notion of 21 days. In some respects, 21 days is far too long, because the waste will mount up if it is not dealt with quickly, but if there is an argument about responsibility, that may end up in the courts and be difficult to resolve in that period.
The explanatory memorandum is the most interesting and clear bit in many respects. On page 2, it states categorically:
“More waste has been diverted away from landfill and put to beneficial use, with clear benefits to the environment and the tax payer.”
The sad fact is that it will not be recycled—recycling is flatlining—but will go to incineration.
The Opposition increasingly question, and look at alternatives to, incineration; to me, sticking stuff into the atmosphere is no better than sticking it in the ground. I know it may be lower down the waste hierarchy, but it is something that we ignore at our cost in the long run. When all this waste is collected, what pressure is on local authorities or the Environment Agency to deal with it appropriately? Clearly, most of us want to recycle what we can, and to avoid waste being incinerated or, dare I say, going into landfill.
Leaving the EU: Chemicals Regulation
Debate between David Drew and Thérèse Coffey(6 years, 9 months ago)
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Dr Coffey
The hon. Lady will recognise that our future relationship is still a matter for negotiation. Phase 1 has happened and we are moving into phase 2. Having exactly the same regulation the day before and the day after we leave the European Union will minimise market access barriers for UK companies trading in the EU.
We agree that ensuring the continued validity of REACH registrations is a critical issue and fully recognise the investment that UK companies have made in the REACH registration process. We are clear that we want existing registrations, authorisations and approvals to remain valid in the EU and UK markets, which is clearly in the interest of businesses operating in the UK and the EU. That recognises the complex compliance activity that takes place through supply chains. As the hon. Member for Wakefield pointed out, it is not just about sales between companies but about the movement of goods through the supply chain within a company.
We want to avoid the unnecessary duplication of compliance activities undertaken by businesses prior to exit. That was set out in the Government’s position paper, “Continuity in the availability of goods for the EU and the UK”, published in August 2017, which also set out our principles for maintaining the availability of goods after exit.
It is likely that some products will be undergoing testing, registration or authorisation processes at the point of exit. For such cases, given the ambition for a close future relationship, the body carrying out the assessment should be permitted to complete it and the results should be recognised in UK and EU markets. That would be in the best interests of businesses across Europe, and I encourage them to work together to support that pragmatic outcome.
Although it would not be appropriate to pre-judge the outcome of the negotiations, we will discuss with EU member states how best to continue co-operation in chemicals regulation in the best interests of the UK and the European Union. That extends to aspects of knowledge sharing—it would be ideal to continue that work through the negotiations. For example, the EU is highly reliant on the expertise of the Health and Safety Executive in the assessment of chemicals, particularly biocides and pesticides.
I am aware that the guidance that the European Chemicals Agency published on its website about the UK’s withdrawal from the EU has caused concern. That guidance reflects the EU’s view of what would need to happen if there were no future relationship between the EU and the UK. It does not, of course, take into account potential negotiated outcomes and I am pleased to note that that has now been acknowledged on the ECHA website. As hon. Members may be aware, the guidance has recently been updated to reflect issues about the transfer of registrations and authorisations.
We have increased resources within my Department, in the HSE—a body sponsored by the Department for Work and Pensions—and in the Environment Agency to work on chemicals policy and prepare to deliver an effective regulatory regime after we leave the EU. We have established a joint programme of work with HSE to deliver what we need to have in place for day one. I work with ministerial colleagues across Government from the Department for Business, Energy and Industrial Strategy, the DWP, the Department for Exiting the European Union, the Department for International Trade and the Treasury.
We are also planning for a non-negotiated day one outcome to have a functioning chemicals regulatory and enforcement system. We are now scoping and designing what such a system would look like, including an IT system to replicate REACH. As the hon. Member for Wakefield pointed out, that includes the budget that has been released so far to scope that system.
On leaving the EU, our regulatory system and laws will be identical to those of the EU. There could be opportunities to consider improving the regulatory system to maintain standards in protecting the environment and human health. That is why we have considered the regulatory approaches of other countries, including those that are largely modelled on REACH.
Although we will not be part of REACH, there is an opportunity to work internationally to strengthen the standardisation of methods that assess chemical safety in support of the mutual acceptance of data to identify and share information on emerging concerns and on new approaches to risk assessments. In a global world where we share chemicals and have several existing chemicals conventions, it makes sense for our regulatory authorities increasingly to share that information to ensure that we have greater compliance and convergence in understanding and recognising the benefits and hazards that chemicals can pose. I do not see any reason why we cannot have that ambition once we leave the EU.
Dr Coffey
The system is at the stage where we are waiting for an aspect of the business case to be signed off. I have met the new Minister responsible for the Health and Safety Executive—the Minister for Disabled People, Health and Work, my hon. Friend the Member for Truro and Falmouth (Sarah Newton)—and work is ongoing between our Departments and the HSE.
The most relevant environmental principle to chemicals regulation is the precautionary principle, which is embedded in international conventions relevant to the regulation of chemicals, such as the Stockholm convention on persistent organic pollutants, to which the UK will continue to be a signatory in its own right. The Secretary of State has announced that we will consult on how we will incorporate various environmental principles and governance mechanisms, and we are carefully considering our proposals at the moment.
As the hon. Member for Stroud (Dr Drew) noted, we recently published our 25-year environment plan, in which we acknowledged that chemicals provide substantial benefits to society, but their widespread use in industry, agriculture, food systems and homes has led in some cases to pollution of land, water, air and food. We will publish a new chemicals strategy to tackle chemicals of national concern. The new strategy, which will build on existing regulatory approaches, will set our priorities for action and will detail how we will achieve our goals. It is intended to support collaborative work on human biomonitoring, address the combination effects of different chemicals and improve how we track chemicals across supply chains. I am not able to set out a timeline, but I certainly do not anticipate that the strategy will be published this year, because our main focus is implementing a smooth transition and continuing existing regulations.
We also need to consider the domestic market within the United Kingdom. REACH currently gives us a consistent framework across the UK, and we would like that consistency to continue. We have already started discussions with the devolved Administrations on a future chemicals framework across the UK.
Let me tackle some other questions raised by hon. Members. Is REACH the preferred methodology for chemicals regulation? In our international discussions, as I told the Environmental Audit Committee, we are not minded to take the United States’ approach. We think that REACH has shown its worth. As has been pointed out, a lot of chemical companies were not necessarily its greatest fans when it was introduced but are now embracing it. When I discuss the matter with Ministers from Brazil and other countries, it is clear that they are trying to get the best of all worlds, which is what we need to ensure for ourselves as we go forward. I have spoken to Switzerland, and I think officials have had discussions with South Korea. A lot of countries are taking a REACH-style approach but may not be replicating it in every detail.
On early warning and horizon scanning, I hope we can set out our approach in more detail when we publish our chemicals strategy. In answer to the question about sufficient expertise, I must point out that the HSE is the responsible authority and there is no reason to doubt its expertise; I commend it for its work in support of the chemicals industry.
I fully understand hon. Members’ concerns about bureaucracy, which is why we are in negotiations. I am afraid that I cannot give hon. Members an update on where we are, because phase 2 of the negotiations is yet to start; I fully understand the uncertainty that that brings. I have engaged with stakeholders. We have seen only representatives becoming part of networks or opening branch offices in different countries or a presence in the European Union. As I told the Committee, from my experience of working in multinational companies, I fully expect them to be contingency planning, but that does not mean that they will be abandoning this country all of a sudden. Far from it: the size of the market in this country, not only for chemicals but—as has already been explained—for many other manufacturing sectors, absolutely means that they will keep a permanent presence in the United Kingdom.
I do not anticipate any new approaches to risk assessment. The precautionary principle is well embedded in what we do. As I have articulated, we will be bringing different regulations into law, as will the devolved Administrations. We sit on committees now and we hope to retain those links in the future, but that is a matter for the negotiations.
The hon. Member for Stretford and Urmston (Kate Green) raised third-party country status. We still need to consider and negotiate elements of that. The approach set out by the Prime Minister on behalf of the Government, in which not being governed by the European Court of Justice is a guiding principle in what we do, still applies, so some assessment is still needed. Bioaccumulation is among the matters that we intend to cover in our chemicals strategy.
Let me assure hon. Members that ensuring we have a regulatory regime that continues to be effective is a very important part of my portfolio, but my top priority has been a smooth transition. As I am sure hon. Members recognise, I cannot answer questions today about exactly what our future customs arrangements with the rest of the European Union will be. However, I am highly conscious that we want to help business to continue to be successful, and I would like it to get certainty as quickly as possible. I am sure that I have disappointed hon. Members today by not being able to do that, but I will move on to the next phase of negotiations shortly.
I reiterate that we will do all we can to ensure a smooth transition and a successful industry for years to come. I saw the hon. Member for Stroud and members of the Environmental Audit Committee yesterday. I am sure that broad consideration of the environment in different ways and across different industries will continue, quite rightly, to be a key topic for debate in Parliament.
Draft Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018
Debate between David Drew and Thérèse Coffey(6 years, 9 months ago)
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Oral Answers to Questions
Debate between David Drew and Thérèse Coffey(6 years, 9 months ago)
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Dr David Drew (Stroud) (Lab/Co-op)
The 2016 Royal Society for the Protection of Birds bird crime report stated that there were 81 confirmed cases of raptor persecution, yet not one prosecution followed. Can the Minister explain why, and what is she going to do about it?
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)
We take this issue very seriously, which is why it is one of National Wildlife Crime Unit’s six crime priorities. It is important that we continue to get evidence so that we can have appropriate prosecutions. The Government cannot direct the police or the Crown Prosecution Service to launch those prosecutions, but we encourage everybody who cares for wildlife to bring evidence to the police.