Environment Bill

Baroness Laing of Elderslie Excerpts

Report stage & Report stage: House of Commons
Tuesday 26th January 2021 Commons Chamber

[Ruth Jones (Newport West) (Lab)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 10—Environmental impact of nappy waste—

“(1) Schedule [Environmental impact of nappy waste] confers powers on the relevant national authority to make regulations about environmental standards for nappies.

(2) The relevant national authority means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers or the Secretary of State;

(c) in relation to Scotland, the Scottish Ministers or the Secretary of State;

(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland or the Secretary of State.

(3) Regulations are subjective to the negative procedure.”

The new clause enables the addition of NS1 which is intended to reduce the impact on the environment of disposable nappies, and has been adapted from a Private Member’s Bill (Bill 299) on this matter.

New schedule 1—Environmental impact of nappy waste—

“Nappy waste impact reduction schemes

1 The relevant national authority must by regulations establish schemes to reduce the impact of nappies on the environment by—

(a) defining the characteristics required for a nappy to meet environmental standards;

(b) promoting nappies which meet environmental standards; and

(c) reporting on the steps taken to encourage local authorities to promote reuseable nappies and reduce nappy waste.

Environmental standards

2 (1) The relevant national authority must by regulations establish environmental standards for nappies.

(2) The standards must define the characteristics required for a nappy to be traded, advertised or promoted as—

(a) “reusable”;

(b) “biodegradable”;

(c) “eco-friendly”;

(d) “environmentally friendly”; and

(e) other such similar terms as may be defined in the standards.

(3) The regulations may provide for nappies or the packaging in which they are contained to bear a mark signifying that they meet the environmental standards.

(4) The trading, advertising or promotion of a nappy is an unfair commercial practice for the purposes of the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277) if—

(a) that nappy is described using a term used in sub-sub-paragraphs (2)(a) to (d) or a similar term defined in regulations under sub-paragraph (1) but does not meet the relevant standards, or

(b) that nappy or its packaging bears the mark in sub-paragraph (3) but does not meet the relevant standards.

Promotion of nappies that meet environmental standards

3 (1) The relevant national authority must by regulations establish a scheme to promote nappies that meet the environmental standards in paragraph 2.

(2) The scheme must be a collaboration between public bodies and the nappy industry.

(3) The Secretary of State may by regulations make provision for a levy to be paid by persons who manufacture or trade in nappies for the purpose of meeting the operating expenses of the scheme.

(4) The scheme must provide public information on—

(a) the effects of disposable nappies on the environment;

(b) the financial advantages of reusable nappies for families and local authorities; and

(c) other advantages of nappies that meet the standards in paragraph 2.

Local authority reusable nappy schemes

4 (1) The relevant national authority must prepare a report on steps that will be taken to encourage local authorities to operate schemes to—

(a) promote the use of reusable nappies, and

(b) reduce nappy waste.

(2) In preparing that report, the relevant national authority must consult—

(a) operators of existing reusable nappy schemes,

(b) local authorities involved in those schemes,

(c) parents who have participated in such schemes,

(d) manufacturers of reusable nappies.

(3) The report must be laid—

(a) in relation to England, before Parliament;

(b) in relation to Wales, in Senedd Cymru;

(c) in relation to Scotland, in the Scottish Parliament; and

(d) in relation to Northern Ireland, in the Northern Ireland Assembly; or in Parliament;

within six months of this section coming into force.”

This new schedule brings into the Bill the provisions of the Private Member’s Bill on Nappies (Environmental Standards) Bill (Bill 299) in order to define environmental standards for nappies, promote nappies that meet the standards, and report on local authority schemes to promote reuseable nappies and reduce nappy waste.

Government amendments 32 to 35.

New clause 6—Clean Air Duty—

“(1) The Secretary of State must prepare and publish an annual policy statement setting out how the Government is working to improve air quality, and must lay a copy of the report before Parliament.

(2) The annual policy statement in subsection (1) must include—

(a) how public authorities are improving air quality, including indoor air quality; and

(b) how Government departments are working together to improve air quality, including indoor air quality.

(3) A Minister of the Crown must, not later than three months after the report has been laid before Parliament, table a motion in the House of Commons in relation to the report.”

This new clause requires the Secretary of State to publish an annual report on air quality, which includes indoor air quality and the work of public authorities and Government departments working together to improve it.

New clause 13—Air quality in rural areas: application of pesticides—

“(1) For the purposes of improving air quality and protecting human health and the environment in rural areas, the Secretary of State must by regulations make provision prohibiting the application of pesticides for the purposes of agriculture or horticulture near—

(a) buildings used for human habitation; and

(b) public or private buildings and associated open spaces where members of the public may be present, including but not limited to—

(i) schools and childcare nurseries;

(ii) hospitals and health care facilities.

(2) Regulations under subsection (1) must specify a minimum distance from any of the locations listed under subsection (1)(a) and (b) to be maintained during the application of any pesticide.

(3) In determining the distance in subsection (2), the Secretary of State must be guided by the optimum distance that would make significant difference in air quality for people using the locations listed in subsection (1).

(4) In this section “public building” includes any building used for the purposes of education.

(5) Regulations under this section are subject to affirmative resolution procedure.”

This new clause would require the Secretary of State to make regulations to prohibit the application and pollution of chemical pesticides near buildings and spaces used by residents and members of the public, with the aim of improving air quality and protecting human health and the environment in rural areas.

Government amendment 7.

New clause 3—Phosphates Levels—

“In making decisions on planning decisions, the competent authority can disregard any impact of the potential build and its long-term consequences on the level of phosphates in the water.”

Amendment 42, in clause 78, page 71, line 16, after “licensee”, insert—

“or risk management authority, where risk management authority has the same meaning as in Part 1 Section 6 of the Flood and Water Management Act 2010,”.

The amendment seeks to deliver the National Infrastructure Commission’s recommendation that water companies and local authorities should publish plans to manage surface water flood risk (e.g. from roads).

Amendment 3, in clause 82, page 79, line 22, after “damage” insert—

“, including damage from low flows”.

Amendment 30, in clause 82, page 80, line 26, at end insert—

“(4) The Secretary of State must prepare an annual report on water abstraction management.

(5) The annual report must—

(a) include data for the period covered on the volume of water in England—

(i) licensed for abstraction, and

(ii) abstracted.

(b) state whether the natural environment of these water sources has, or particular aspects of it have, improved during that period based on the data, and

(c) assess the impact of water abstraction in that period on the natural environment of chalk streams.

(6) The first annual report on water abstraction may relate to any 12 month period that includes the day on which this section comes into force.

(7) The annual report must be published and laid before Parliament within 4 months of the last day of the period to which the report relates.”

The purpose of this amendment is to monitor more closely the environmental impact of water abstraction on chalk streams with annual reporting.

Government amendment 8.

New clause 18—REACH Regulation and animal testing—

“(1) The Secretary of State must by regulations set targets for—

(a) the replacement of types of tests on animals conducted to protect human health and the environment within the scope of the REACH Regulation, and

(b) the reduction pending replacement of the numbers of animals used and the suffering they endure.

(2) A target under this section to reduce the suffering of animals must specify—

(a) a standard to be achieved, which must be capable of being objectively measured, and

(b) a date by which it is to be achieved.

(3) Regulations under this section may make provision about how a target that has been set is to be measured.

(4) A target under this section is initially set when the regulations setting it come into force.”

This new clause would require the Secretary of State to set targets for the reduction and replacement of animal testing for the purposes of chemicals regulation.

Amendment 24, in schedule 20, page 244, line 19, at end insert—

“(1A) Regulations made under this paragraph must not regress upon the protections or standards of any Article or Annex of the REACH Regulation.

(1B) Subject to sub-paragraph (1A), the Secretary of State—

(a) must make regulations under this paragraph to maintain, and

(b) may make regulations under this paragraph to exceed parity of all protections and standards of chemical regulation with any new or amended regulations of the European Parliament and of the Council concerning the regulation of chemicals.”

This amendment would set a minimum of protections under REACH and remove the possibility that a Secretary of State might lower standards than are in place currently, whilst reserving the right for them to set higher standards should they choose.

[Ruth Jones]

As my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) said in his remarks on the first group of amendments, this Bill has been a long time coming. I am delighted that the Bill is back before the House, but—and there is a “but”—the Minister and her colleagues have lengthened its passage even further by throwing day two of the Report stage into the long, long grass. Considering that the Bill became known as the missing in action Bill after it disappeared for more than 200 days before the Committee stage, that is not a good sign.

New clause 8 holds a key role in the priorities of Her Majesty’s Opposition with regard to this Bill and the important task of taking whatever steps are necessary in the fight to preserve our planet and protect our environment. The new clause requires the Secretary of State to take account of the waste hierarchy, starting with the priority action of prevention. A few weeks ago, my hon. Friend the Member for Cambridge (Daniel Zeichner) filled in for me as shadow Minister at a Westminster Hall debate called by the hon. Member for Carshalton and Wallington (Elliot Colburn). In his remarks, my hon. Friend was very clear that the collective task of tackling waste, improving recycling rates and taking the steps needed to protect our environment and preserve our planet is one that we need to do together—all of us. In his conclusion, the hon. Member for Carshalton and Wallington pressed the point about the need to look further at the waste hierarchy in dealing with waste. I agree with him. I look forward to him supporting new clause 8 in the Lobby tonight, and I hope he will bring some of his hon. Friends with him.

This Bill does not go far enough, and it did not have to be this way. Over the past two decades, the household waste recycling rate in England has increased significantly from just 11.2% to almost 50%. I am pleased that for half of that time a Labour Government ambitiously pushed for a change of behaviour and real action on the green agenda. However, England still falls far short of the EU target of recycling a minimum of 50% of household waste by 2020. Our departure from the EU does not mean that we should shift gear or slow down. We need to go further and faster.

As of 2018, Wales is the only nation in the UK to reach the target. In 2017, it recorded a recycling rate of 64%. Wales is recognised as third in Europe and fourth in the world in the recycling league championship. As the Member for Newport West in this House, I pay tribute to the Welsh Labour Government, particularly my right hon. Friend the First Minister and the Environment Minister, Lesley Griffiths.

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Our amendments are pragmatic, objective and balanced. They make an okay Bill better and the Minister should seize the opportunity to work across party lines to do all we can together to preserve our environment and protect our planet.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Before I call the Minister, I should explain that there are many people who wish to speak this evening, so there will have to be an immediate time limit of three minutes for Back-Bench speeches. I remind hon. Members that, when a speaking limit is in effect for Back Benchers, a countdown clock will be visible on the screens. Yesterday, quite a lot of people spoke for longer than the time limit, so I want to make sure that everyone knows that there is a clock in the bottom right-hand corner of the screen. For the few Members who are participating here in the Chamber, the normal clock will apply.

[Rebecca Pow]

It is a real pleasure to see you in the Chair, Madam Deputy Speaker, for the second half of what I am sure will be a lively debate on this important Bill. This group covers waste and resources, air quality, water and the regulation of chemicals—all vital areas to improve on if we are to restore and enhance our environment.

The Environment Bill will deliver consistent recycling collections across England, including separate weekly food collections. We will tackle waste crime by ensuring that the tools we have at our disposal better reflect new methods and online mediums that criminals use. We will also be able to drive a revolution in our resource use, continuing our change towards a more sustainable, circular economy, which is the model set out in our waste and resources strategy. We will have powers to ban the export of plastic waste to non-OECD countries, which is a key manifesto commitment. While I am on the subject of plastic, I would like to pay special tribute to my hon. Friend the Member for West Dorset (Chris Loder) and to reassure him that measures in the Bill will help him to tackle the scourge of plastic on his beautiful beaches in West Dorset, which I frequent myself—from Somerset.

The Bill will also enable reform throughout the product lifetime. Producers will be incentivised towards more sustainable design, through new resource efficiency requirements and extended producer responsibility. Single-use plastic charges and resource efficiency information will help consumers make better choices about products, and the introduction of a deposit return scheme for drinks containers, alluded to by the shadow Minister, the hon. Member for Newport West (Ruth Jones)—I am pleased that she brought that up—will drive better consumer choices and increase recycling. I would like to assure her that work is going on at great speed on that second consultation.

Technical Government amendments 32 to 35 correct references to existing legislation that is no longer in force following the end of the transition period. Measures in the Bill will also deliver key proposals in our clean air strategy, which the World Health Organisation has described as “world leading”. Not only will it address health concerns, but it is estimated to cut the costs of air pollution to society by £1.7 billion every year by 2020—well, that is by this year, so we have already been working on that—rising to £5.3 billion every year from 2030. We know that there is more to do and, through this Bill, local authorities will be better equipped to act through a clear framework and simple-to-use powers to address specific concerns in these areas.

The Government have already committed to stopping the sale of new petrol and diesel cars by 2030, and the Bill provides the Government with new powers to enforce environmental standards for vehicles. Government amendment 7 will mean that references to EU standards do not require updating to ensure that they are enforceable with this tough new vehicle recall power. It is a technical amendment that ends any risk that we will be unable to issue a recall affecting Northern Ireland.

Before I talk about the water section of the Bill, I pay tribute to my right hon. Friend the Member for Ludlow (Philip Dunne) for his dedicated work on water issues and for being a dogged and determined advocate for our precious rivers.

Our climate is becoming less predictable, and we need to manage our water sources better to ensure resilience to future floods and droughts. The water measures in the Bill will help achieve the goals set out in our 25-year environment plan for clean and plentiful water and to reduce the risks of harm from environmental hazards. Water companies will have to produce drainage and sewerage management plans, which will set out how environmental risks, including sewage outflows into rivers, must be managed. Reforms to the abstraction licensing system will mean that less water is taken from our environment when it causes damage or harm.

I know that the health of our rivers, in terms of both flow levels and reducing sewage outflows, is of great concern to many Members; I have met so many of them to discuss this. My hon. Friend the Member for Broxbourne (Sir Charles Walker) has tabled amendment 42, and I look forward to hearing what I am sure will be an impassioned speech from him. However, I am pleased to inform the House that the Bill already delivers the outcomes he is seeking: less water taken where it damages our environment and less sewage spilling into our precious waterways. Water companies will be able to produce joint water resource management plans for the first time, enabling water transfers from areas with plentiful water to water-stressed areas. We will reform the system of internal drainage boards, ensuring that our water management system is fit for the future. Technical Government amendment 8 will update clause 91, as it currently refers to the Criminal Justice Act 2003, which has now been superseded by the Sentencing Act 2020.

Finally, we will ensure that we are able to maintain an effective, efficient system of regulation for our world-leading chemicals industry now that we have left the EU. We have taken control of our domestic laws in this area through the UK REACH regime. I look forward to hearing the debate, in which I know many Members are eager to participate, and I hope to be able to cover many of the points raised at the end.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I had said that there would be a limit of three minutes, but so many Members who had informed the Speaker’s Office that they wished to take part in the debate have decided not to bother that there is rather more time for those who have taken the trouble to meet their obligations. We will therefore start with a time limit of four minutes for Back-Bench speeches, which does not apply to the SNP spokesperson, Mr David Linden.

[David Linden (Glasgow East) (SNP)]

Thank you very much, Madam Deputy Speaker; it is no surprise that you are so generous.

I have repeatedly spoken in the Chamber about the importance of protecting the environment for future generations. One issue that I have continued to raise—I did so in 2018, 2019, 2020 and I do so now in 2021—is that of disposable nappies and their impact on the environment. For several years, I have been working on this issue with Magnus Smyth of TotsBots, a company in the Queenslie area of my constituency that manufactures reusable and eco-friendly nappies. One of the issues that Magnus has raised is nappy companies that falsely tell their customers that they are eco-friendly. It is important that we level the playing field so that companies such as TotsBots can continue to produce eco-friendly products and encourage consumers to make more environmentally-conscious decisions.

New clause 10 outlines the crux of the issues around reusable and environmentally-friendly nappies. In summary, it states that powers should be granted to the relevant national authority to make regulations about environmental standards for nappies. Disposable nappies have a huge impact on the environment. To put that in context, around 3 billion single-use nappies are thrown away each year in the UK, weighing in at an estimated 690,000 tonnes. The use of single-use nappies by an average child over two and a half years would result in a global warming impact of approximately 550 kg of CO₂ equivalents. Indeed, switching to reusable nappies or even using a mixture of both has hugely positive environmental consequences. A family that chooses reusable nappies can save about 99% of the waste that would be generated by using single-use ones. If only 20% of babies using single-use nappies switched to reusables, 1 million tonnes of waste could be prevented each year in the EU.

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[Philip Dunne [V]]

It is a pleasure to follow the right hon. Member for Hayes and Harlington (John McDonnell). I thank him for his support for my private Member’s Bill, which I will touch on briefly. But my thanks primarily go to the Minister, who was generous while talking about my campaigning efforts to improve the water quality of our rivers, which I wish to talk about under part 5 and, in particular, in support of amendment 3 to clause 82 and amendment 42 to clause 78.

It has been clear to me for many years, but particularly this year as I have been campaigning to improve water quality by reducing sewage pollution to our rivers, how significant this issue has tragically become. Many people have been in touch with me through campaigning groups, all urging the Government to get behind my Bill.

I was delighted on Friday, when I was unable to be in the Chamber to debate my private Member’s Bill because sittings had been suspended, that as something of a consolation prize the Minister announced the Government’s support for the aims of my Bill. I look forward to a second consolation from the unfortunate development today—we hear that the Environment Bill will be deferred until the next parliamentary Session. I invite the Minister to use that time to work with me to bring into the appropriate legislative and regulatory space the many measures in my Bill that have significant support: they have support from 135 Members of this House today, on both sides of the House. I hope that, when she responds to the debate, she will give some encouraging noises to give me hope that that will happen. I am also grateful to her for establishing the storm overflows taskforce, which is the mechanism through which she is seeking to get advice from industry and campaigning groups to try to identify the measures that need to be undertaken.

Through the Environmental Audit Committee, we have launched an inquiry into water quality and we will be providing recommendations to the Government. The delay may mean that we are in a position to provide some recommendations through that Committee prior to the Bill appearing in the other place. I very much hope that the Minister will be able to use this time to introduce relevant amendments to the Bill as it passes through the Lords. We also hope to provide some help in assessing what the suitable water targets are under the Bill, which are so welcome, through the drainage and wastewater management plans laid out in the Bill.

I support the measures that I am sure my hon. Friend the Member for Broxbourne (Sir Charles Walker) will talk about shortly. I also support the initiative of my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), whose new clause 4 is widely supported by my constituents, not least members of the British Hedgehog Preservation Society, which is based in my constituency. It acknowledged the inclusion in July last year of the hedgehog in the red list of endangered British mammals.

[Madam Deputy Speaker (Dame Eleanor Laing)]

After the next speaker, I will have to reduce the time limit for Back-Bench speeches to three minutes, but with four minutes, I call Sir Charles Walker.

[Sir Charles Walker (Broxbourne) (Con)]

Thank you very much, Madam Deputy Speaker. I rise to speak to my amendment 3 to clause 82, which is signed by me and 16 colleagues, and which has also secured support from other speakers tonight. The Minister said that I was going to give an impassioned speech. I am afraid I am not, because it has been so easy doing business with her. Is not it wonderful in this place when we can sit down with Ministers and do business?

Before I move on, I would like to thank some chalk stream campaigners: Paul Jennings of the River Chess; Charles Rangeley-Wilson; Dr Jonathan Fisher; Jake Rigg of Affinity; Richard Aylard of Thames Water; and of course the Angling Trust and Fish Legal.

To support rich biodiversity, chalk streams need two things: high flows and high-quality water. A lot of debate in this place centres on rewilding, and rewilding often centres on beavers—wonderful little creatures; I knew a lot of them when I was in Oregon—but the fact of the matter is that proper rewilding of our chalk streams requires good-quality water, and plenty of it. Without those two things, we do not have freshwater shrimp and fly life at the bottom of the food chain, we do not have trout and grayling, we do not have water voles and we do not have otters.

Clause 82 provides the Secretary of State with powers to modify abstraction licences without compensation where

“the ground for revoking or varying the licence is that the Secretary of State is satisfied the revocation or variation is necessary—

(i) having regard to a relevant environmental objective, or

(ii) to otherwise protect the water environment from damage.”

Our amendment would add the words

“including damage from low flows.”

The Secretary of State and the Minister at the Dispatch Box today said that they could not accept that amendment because it might limit the scope of the clause, and I understand that. However, I received a welcome letter from the Secretary of State and the Minister on 25 January, and that letter made it clear that the accompanying guidance to the Bill once it becomes an Act, in giving life to the legislation, will make it clear that—I quote from the Ministers’ letter—“the reference to damage includes damage caused by low flow levels in a river due to unsustainable abstraction.”

That is an important commitment. I have discussed it with the water companies—with Water UK, which is their representative body—and they are very keen for that guidance to be issued. They want to do the right thing. In doing the right thing, they will have to have negotiations with Ofwat, and they will need to be able to point to guidance that has legal force in support of their position.

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[Feryal Clark (Enfield North) (Lab) [V]]

I support all the amendments put forward by my hon. Friends the Members for Plymouth, Sutton and Devonport (Luke Pollard) and for Newport West (Ruth Jones) on air quality. The World Health Organisation has clearly stated that 40 of our towns are breaking the WHO limit for air pollution. We also know that 60% of people in England are living in areas where levels of toxic air pollution exceeded legal limits last year. We know that severe air pollution costs lives, with over 40,000 deaths a year being linked to air pollution.

The impacts of air pollution are not evenly distributed, either, with a disproportionate impact on deprived areas. Research has shown that those living in deprived areas are exposed to higher concentrations of air pollution, often because their homes are situated next to roads with higher concentrations of emissions. The Marmot report also highlighted that individuals in deprived areas suffer more adverse health impacts than those from less deprived areas, because of higher prevalence of underlying cardio, respiratory and other diseases. In my constituency of Enfield North we see the direct effect of poor air quality. In the Borough of Enfield, 6.6% of deaths are attributed to exposure to particulate matter 2.5 pollution. That means that 178 deaths per year in Enfield are linked to long-term exposure to toxic air pollution.

Despite the work of proactive local authorities, pioneering new initiatives like school streets, parklets, low-traffic neighbourhoods or the 60-acre Enfield Chase woodland created by the Labour-run Enfield Council planting almost 200,000 trees, and the work of Mayor of London in introducing the ultra low emission zone, action cannot just take place at a local level; it needs to be backed by national and international legislation. It is too important not to be.

These amendments on air pollution, which I am urging the Government to support today, do not represent a radical step but the bare minimum that we must do as a country. The impact of the amendments would be to establish the WHO legal standard. In the fight against coronavirus, we have shown that working in partnership with international colleagues is vital. Addressing air quality and protecting the environment is no different. We have the opportunity to set the country forward on a course that will protect lives and advocate stronger environmental protections. This is not just an issue about public health; it is something that impacts our daily lives. We must vote in support of these amendments to ensure that we lead the way, instead of hiding away.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Ah— Jerome Mayhew. I had just been informed that he did not want to take part in the debate, but I see that he is there.

[Jerome Mayhew (Broadland) (Con) [V]]

Madam Deputy Speaker, please would you accept my apologies for the confusion that I have managed to cause?

I wish to speak on new clause 6 and amendments 3 and 30 and—if I am permitted by you—to make significant reference to amendment 39, although we have already voted on it.

New clause 6 deals with air quality. I absolutely recognise the challenge of poor air quality, and a number of hon. Members have spoken very movingly about it during the debates this afternoon and this evening, but I am not sure how the creation of an annual policy statement to the House is the best way to address that. We already have a range of existing reporting requirements available to Ministers, as well as two new ones contained in the Bill. They include a new requirement for the Secretary of State to make an annual statement to Parliament on local pollution objectives, in addition to publishing a national air quality strategy every five years.

Amendments 3 and 30 both deal with water quality—with flow rates—and again there is a suggestion that an annual report on water abstraction would be an effective way of improving standards. I question whether that is the right way to approach the subject. When requirements are introduced for such onerous statements, they are effective in increasing costs and increasing delay and the bureaucracy of Government, but I am not sure that they are effective on the ground.

In my constituency of Broadland I am lucky enough to have a number of chalk streams, including the Stiffkey and the Wensum, and I have experience of the Environment Agency and its approach to water extraction licences. To my mind, a much more effective way of policing the area of water abstraction and flow is to use the powers already given to the Environment Agency to deal with abstraction licences—I hope, in co-operation and collaboration with abstractors, which include farmers. I declare my interest as a director of a farming business.

Finally I should like to turn to amendment 39, because its target was very squarely the sugar beet growers and the sugar beet processors of the east of England. EU law has rightly allowed for short-term exemptions to the rules on plant protection products in the event of a virulent outbreak of disease. This year, that is exactly what we have had with virus yellows, so I think the Government are entirely right to allow the exemption with a huge number of protections for bees and other pollinators. To require an obstructive vote in the House would be a backward step.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I did not want to interrupt the hon. Gentleman but, no, it is not in order for him to have spoken to amendments contained in the previous group. It is not in order. I make the point because I could not reasonably interrupt him under the circumstances under which we are working, but we do expect Members to stick to the rules and not to bend them just because we are working virtually. It is important to keep standards.

I call Barry Sheerman.

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[Geraint Davies [V]]

[Inaudible.]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Something is wrong with the sound. [Interruption.] It is not possible to go to the next person until we stop the video link that is not working. Is somebody listening to me? I apologise to the hon. Gentleman for the system not working properly and for him not knowing that it was not working. We will now go to Kerry McCarthy.

[Kerry McCarthy [V]]

Labour’s new clause 8 would require the Secretary of State to take account of the waste hierarchy. From food waste to plastic pollution, the starting point should be to prevent waste from occurring in the first place. I hope that when this Bill reaches the other place, we will further debate our global carbon footprint and the need to bring proposals to COP26 to measure consumption, not just production. Promoting the circular economy should be at the absolute heart of any green recovery package. At present, we have disincentives to send waste to landfill but very few mechanisms to encourage compliance further up the hierarchy, and virtually no enforcement either, because the Environment Agency simply does not have the resources to do so.

Turning to the amendments on air pollution, we have heard about the tragic death of nine-year-old Ella Kissi-Debrah, and we also know that covid has left many people extra-vulnerable with long-term damage to their lungs. As we mark today the horrific milestone of over 100,000 covid deaths and many more infected, I urge the Minister to think again on this. I support adopting the target on PM_2.5; the suggestion that it would prevent higher ambition is ludicrous.

The Government have for too long tried to pass the buck to local councils; what we need is a comprehensive national strategy on air pollution to prevent any further tragedies. We also need urgent action from the Government on their decarbonisation of transport plan. I do not get any sense at the moment that the Government are joining the dots.

Finally, on chemicals and animal testing, with the Prime Minister suggesting in his first post-Brexit deal interview with The Telegraph that chemicals was one area where the UK could diverge from EU regulations, it is hardly surprising that people are deeply worried by the Secretary of State being given such sweeping powers to amend the legal framework. It leaves us wide open to the risk of damaging deregulation as a result of trade deals with countries with weaker systems and lower standards such as the United States of America, and the risk of the dumping of products on the UK market that fail to meet EU regulations. Amendment 24 would ensure non-regression from REACH, the EU regime, and allow scope to exceed those standards. A recent European Court of Justice ruling has reaffirmed that under REACH the principle of animal testing as a last resort must be fully respected and it is good that this is included as a protected principle in the Bill, but this is not reflected in current figures for animal testing; there is far too much duplication of testing and far too little data sharing. New clause 18 would require the Secretary of State to set targets to reduce animal testing and the suffering experienced by animals as a result, and I would thoroughly support that.

Let us not just agree to keep our current standards in this Bill, but try to raise our ambitions too.

[Caroline Lucas [V]]

My new clause 13, on the application of pesticides in rural areas, follows a very similar amendment made to the Agriculture Bill in the other place. Although it was later removed by the Government during the final stages, it enjoyed wide cross-party support, as I hope this new clause will.

As it stands, the Environment Bill lists air quality, water and biodiversity as priority areas for long-term target setting, alongside waste, but it does not recognise the environmental harm caused by the use of pesticides, and the need to protect human health is omitted entirely. My new clause seeks to remedy that by requiring the Secretary of State to make regulations prohibiting the use of chemical pesticides near buildings and open spaces used by rural residents and members of the public, whether hospitals, schools or homes. That is crucial for improving air quality and protecting human health and the environment.

It is important to recognise that this is about not the misuse or illegal use of pesticides, but the approved use of crop pesticides in the locality where rural communities are present, yet there are still no specific restrictions on the contamination and pollution of the air from widespread spraying of pesticides in rural areas. Indeed, the UK’s regulatory system assesses the safety of only one chemical at a time, yet rural residents are exposed to a cocktail of harmful pesticides spread on nearby farms. Furthermore, although operators generally have protection when using agricultural pesticides, residents have absolutely no protection at all.

We cannot restore and enhance our environment while continuing to ignore the damage caused by pesticides in our intensive food and farming system. In that light, the Government should be standing up for rural residents and communities and protecting them from harm. That is what my new clause 13 seeks to do.

My new clause 18 would require the setting of targets for the reduction and replacement of animal testing under REACH regulations. It has been estimated that, by mid-2019, tests had been performed on about 2.4 million animals. In the last reporting period, the UK used the highest number of animals in experiments of any country in Europe. Although the Government have protected animal testing as a last resort principle from REACH in the Bill, this is an opportunity to go further and demonstrate real leadership by setting targets to replace animal testing.

Tests on animals are notoriously unreliable and are increasingly being questioned by the science. The scientific advancement of non-animal tests and approaches allows us better to predict hazard and manage risk while avoiding or significantly reducing the use of tests on animals—all in a shorter timeframe, with fewer resources used. That is better for human health and animals. I therefore urge the Minister to look again at this important issue and support the new clause.

[Madam Deputy Speaker (Dame Eleanor Laing)]

We will try to go back to Geraint Davies.

[Geraint Davies [V]]

Thank you so much, Madam Deputy Speaker.

New clause 6 is a necessary condition of delivering World Health Organisation air quality limits, or indeed any targets that the Government choose to set by 2022, as they plan. DEFRA alone simply cannot deliver the clean air targets that the Government want without the support of all other Departments. The new clause would create a duty for all Departments to work together to do that.

When I met the Environment Secretary, the Environment Minister and Rosamund, Ella’s mother, the Environment Secretary said that he had not ruled out WHO air quality limits and needed to understand how he would get to any such targets. I agree with that, but it requires a duty on all Government bodies and Departments to work together. DEFRA would work with Transport when Transport needs to deliver an integrated, electrified public transport system. Clearly, we would need a Treasury fiscal statutory mechanism to facilitate that with the right duties, incentives, scrappage schemes and investment. We would need a housing and planning scheme built into that so that we build around stations, not motorways. We would need Health at the centre of it, because 64,000 people a year are dying prematurely. We need an education system that allows people to walk to school safely, and a local government system so that people can take account of things and possibly reduce the speed of motorway traffic near urban centres. This all needs to be by joined-up design, rather than hope for the best.

The second part of the amendment is about indoor air quality. I thank the Government for belatedly including indoor air quality in the Bill. I thank the Royal College of Physicians and the Royal College of Paediatrics and Child Health for their “Inside Story” report, which acknowledged that 90% of the time we are indoors we are subjected to all sorts of dangerous chemicals—formaldehyde and all sorts of other things—in our furniture. Professor Stephen Holgate, one of the architects of the report, mentioned that we will not get limits unless we have an interdisciplinary approach with academics, clinicians, industry and government working together. Indeed, the professor of environmental law at University College London, Eloise Scotford, mentioned that joined-up governance is critical in law to push ahead with progress.

As we approach COP26, we have an opportunity to present a template of an integrated approach to help combat air pollution, which is killing 7 million people across the globe every year. I give my thanks to the Health Secretary and other members of the Government who are working together, but the point of the amendment is to provide a duty, so that we are required to work together to deliver cleaner air and save thousands of lives.

--- Later in debate ---

[Rebecca Pow]

I will not give way again.

Let me turn to air quality, which was mentioned by so many colleagues and Members, including my hon. Friend the Member for Tiverton and Honiton (Neil Parish), the hon. Member for Canterbury (Rosie Duffield), the right hon. Member for Hayes and Harlington (John McDonnell) and the hon. Members for Ealing, Southall (Mr Sharma) and for Enfield North (Feryal Clark).

On new clause 6, which was tabled by the hon. Member for Swansea West (Geraint Davies), my Department is working closely with other Departments to improve air quality through the Bill. We are making it simpler for local authorities to tackle a key source of indoor air pollution—domestic burning—and strengthening the role of public authorities in tackling air pollution. The Bill requires the Secretary of State to make an annual statement to Parliament on progress towards local air quality objectives, to review regularly the national air quality strategy and to publish an environment improvement plan.

Let me turn to the use of pesticides and air quality and new clause 13. The use of pesticides is not allowed where that usage may harm people. The existing regulation (EC) No. 1107/2009 requires comprehensive scientific assessment.

Let me turn to water and new clause 3, which was tabled by my hon. Friend the Member for North Herefordshire (Bill Wiggin). Nutrient pollution from phosphates and nitrates is one of the main pressures on the water environment, with the main source being development and agriculture. Planning authorities must consider the environmental effects of increased discharges from proposed developments. By removing any need for the consideration of phosphate pollution in assessments, the new clause would threaten the protection of important wildlife sites.

I turn to amendment 3 in the name of my hon. Friend the Member for Broxbourne (Sir Charles Walker). I thank him for taking the time to meet me a couple of weeks ago. Flow levels are incredibly important to the health of a river and the ecology it supports, and he is a great champion for rivers. Our new abstraction powers in clause 82 will strengthen existing powers for addressing environmental damage as a result of abstraction, including low flows. The Environment Agency will clamp down further on environmental damage caused by unsustainable abstraction of water through a variety of actions, including placing new conditions on existing permanent licences.

I can also commit to my hon. Friend that I will amend the explanatory notes for the Bill to include a specific reference to flow levels. That will make it crystal clear that low flows will continue to be assessed by the Environment Agency in the exercise of these new abstraction powers. I hope that he will not ask me to write to him again and that that is clear. I commend others who have raised water so eloquently: my hon. Friends the Members for South Cambridgeshire (Anthony Browne), for Keighley (Robbie Moore) and for Broadland (Jerome Mayhew).

Moving on to amendment 30, I assure the House that restoring England’s internationally important chalk streams is a priority for this Government and for me personally. A chalk streams working group has been formed, and it is developing an action plan. Actions being considered include improving the transparency and usability of data, which can be done without primary legislation.

I turn to amendment 42. I expect sewerage companies to develop statutory drainage and sewerage plans in collaboration with risk management authorities, and I will use the power of direction in the Bill if they do not.

I turn to new clause 18 tabled by the hon. Member for Brighton, Pavilion (Caroline Lucas). While I am sympathetic to its aims, it is not necessary. The “last resort” is already a protected provision, and the Secretary of State already has a duty to review testing requirements in respect of reproductive toxicity.

Turning to amendment 24 on the REACH regulations, we have already included safeguards to protect the fundamental principles of REACH, and we cannot agree to proposed new sub-paragraph (1B) of schedule 20.

I am going to wind up now, Madam Deputy Speaker. [Interruption.] Are you saying that I have more time? If I did have time, I would wax a little more lyrical.

[Madam Deputy Speaker (Dame Eleanor Laing)]

For the sake of clarity, yes, the hon. Lady can have another three or four minutes.

[Rebecca Pow]

Thank you, Madam Deputy Speaker; I shall slow down a tiny bit, then.

I did just want to say a little more in response to my hon. Friend the Member for Broxbourne. I talked about the sewerage management plans, which are now going to be requirements, and said that I would use the powers of direction in the Bill if water companies were not using those properly. Section 13(1) of the Flood and Water Management Act 2010 already requires risk management authorities to co-operate with one another when exercising prescribed functions, but I intend to expand those functions to include the preparation of a drainage and sewerage management plan.

I hope that demonstrates that I and this Government, and DEFRA in particular, are putting this whole issue of dealing with our water right up there, centre stage. It is so important to all of us that we sort our water out, and it is thanks to so many colleagues—my hon. Friend the Member for Broxbourne and others who have spoken—that we are taking this really seriously. I hope that everyone will be supportive of that, including my Labour shadow colleagues.

Let me go back to REACH very quickly. I said that we had included safeguards to protect the fundamental principles of REACH, which is schedule 20. That includes ensuring a high level of protection for human health and the environment, and replacing substances of very high concern, such as cancer-causing chromium compounds, through the REACH authorisation process. As I said, we cannot agree to proposed new sub-paragraph (1B), which would force us to follow what the EU does instead of having ownership of our own laws. We would have to make decisions and regulations with no regard to our own scientific evidence. We have no plans at all to diverge from EU REACH for the sake of it. I hope the shadow Minister was listening to that, because she particularly raised it. Protecting the environment and human health is paramount, and the UK will retain the fundamental approaches and key principles of EU REACH.

I really will wind up now, Madam Deputy Speaker, and thank you for your time. It has been an honour to preside over the passage of this Bill. It has been long, and it still continues, but all the better. It charts a new and much-needed exciting and ambitious course for us all on the environment, and it will leave it in a better state than we found it. I want to thank all colleagues on both sides of the House who have taken part in this, helping to drive us all towards a fairer, greener future. I want to thank my Bill team. I probably do not have time to name them all, but I named them in Committee. I thank my private office, all Members who sat on the Public Bill Committee, my long-suffering family and my husband Charles, who I hope is watching me from up there.

As Members of the House are aware, the immense pressure put on the parliamentary timetable by the covid pandemic means that the Bill will sadly need to be carried over to the second Session. As I stated at the start, we will be back. I give an assurance that this carry-over will in no way reduce our commitment on the environment. Intensive work relating to measures in the Bill is already under way and will continue. One of the reasons I came to Parliament was to work to put the environment centre stage, helping to steer us to an essential sustainable trajectory for the planet. It is the right thing to do, and we are doing it.