Environment Bill

Kerry McCarthy Excerpts

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

[Margaret Greenwood (Wirral West) (Lab) [V]]

A number of my constituents have contacted me to stress that the Office for Environmental Protection should be an independent and powerful body capable of ensuring that the Government uphold environmental laws on everything from plastic pollution to air quality. They are concerned about clause 24 of the Bill and have pointed out that, if the Government have the power to tell the Office for Environmental Protection how to do its job, the office cannot be truly effective; I very much share their concerns. The Environment, Food and Rural Affairs Committee has remarked that it is

“essential that every step is taken to ensure the Office for Environmental Protection is as independent from the Government as possible, to give the public confidence that the Government will be properly held to account on its duty to protect the environment.”

I therefore support amendment 23, which would delete clause 24.

The quality of the air we breathe is vital to our wellbeing. One of my constituents wrote to me last week to say that air pollution is a daily issue for her and others like her suffering with lung conditions. She told me how, on days when air pollution is high, her symptoms can flare up so badly that she is unable to leave her home. The Government have already committed to adopting a new binding target for PM_2.5 through the Bill. However, as Friends of the Earth has pointed out, the Bill does not set a minimum level of ambition or a deadline for its achievements. Amendment 25 is intended to set parameters on the face of the Bill to ensure that the PM_2.5 target for air quality will be at least as strict as the 2005 World Health Organisation guideline of below 10 micrograms per cubic metre, with an attainment deadline of 2030 at the latest.

I now turn to the matter of bees. I pay tribute to the work of Flourish at Ford Way in Upton for the work it does in keeping hives and producing excellent honey. More than 50,000 people have signed The Wildlife Trusts’ petition urging the Prime Minister to overturn the Environment Secretary’s recent authorisation of the emergency use of a bee-killing pesticide for farmers to use on sugar beet crops in England. That shows the real strength of public feeling on this issue.

Amendment 39 would require Ministers to allow parliamentary scrutiny of exemptions granted to allow plant protection products banned under retained EU law, such as neonicotinoid pesticides, where they are likely to impact bees and other species covered by an environmental improvement plan. In conclusion, I urge Members to back these key amendments to ensure the independence of the Office for Environmental Protection, improve air quality and protect bees.

[Kerry McCarthy (Bristol East) (Lab) [V]]

I am glad that this Bill has finally returned to the Commons after months of delay. It has been a frustratingly long time since I took part in prelegislative scrutiny as a member of the Environmental Audit Committee and the Environment, Food and Rural Affairs Committee, and it is nearly a year since I attended the first meeting of the Public Bill Committee. We are now told that we need to wait months more for the second day of Report stage and for the Bill to become law. The Bill should have been in place before the end of transition. Can we even be sure now that it will be in place before COP26? There is absolutely no excuse for the Government’s laxity, and one can only attribute it to a lack of ambition and urgency in tackling the nature and climate emergencies.

Leaving the EU without a fully functioning, properly resourced and independent Office for Environmental Protection that can take public authorities to court over the most serious breaches of environmental law leaves a regulatory gap, which so many of us warned against. We were promised that the Office for Environmental Protection would be located in Bristol, with the creation of 120 jobs. That was publicly reported, and I was told it by Ministers on more than one occasion, yet the Minister has today announced without a hint of shame—in fact, with more than a hint of smugness—that the OEP will be based in Worcester. She can rest assured that I will be seeking an explanation from her as to why this hugely disappointing and, given Bristol’s record, inexplicable decision was made.

This Bill is not all it could be and needs to be strengthened. Labour’s new clause 9 would place firm duties on officials to achieve and maintain biodiversity, human health and sustainable use of resources. New clause 1 would put a duty on public officials to act in accordance with environmental principles. Again, we were repeatedly told during prelegislative scrutiny that a policy statement on environmental principles would be published imminently, so where is it, or was that just another ploy to stave off awkward questioning at the time?

New clause 5 would set the equivalent of the net zero target for tackling the decline in nature by 2030, to begin to reverse the devastating losses we have seen in recent decades. We need such protections in law because, as we have seen repeatedly, the Government’s actions do not always match their words. For example, amendment 39, which would allow parliamentary scrutiny of the use of harmful pesticides such as bee-killing neonicotinoids, was tabled in response to the Government’s emergency authorisation of the use of those pesticides. Labour will always back good British farming practices and farmers but, faced with a devastating decline in biodiversity and our bee populations, we cannot uncritically give the green light, without scrutiny, to the use of harmful pesticides.

To conclude, the Bill needs to be better, the OEP needs to be stronger, and we need proper environmental governance in place without further delay. The natural world is in crisis and we must do all we can to address that, not just the bare minimum.

--- Later in debate ---

[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.

[Bill Esterson]

The film “Dark Waters” shows just what goes wrong, with the disastrous consequences for human life, animal life, plant life and pollution, where there is a lack of regulation in the chemicals industry. Mark Ruffalo brilliantly played the lawyer who took on the might of DuPont and won on behalf of so many who were disadvantaged.

Of course, in this country we benefit from the highest chemical standards in the world—the previous regime made sure of that—and the industry rightly wants to maintain those standards and indeed build upon them. The industry in this country is worth £31.4 billion in exports and employs 102,000 people in well-paid jobs, and chemicals are in everyday products; in the Liverpool city region they are part of our car manufacturing sector and we have many fine chemical industry companies, including Blends Ltd and Contract Chemicals just a few miles outside my constituency. They want to maintain those high standards and they want to build on them; they want to build on them so that new products and services can be developed, and so that innovation in the recycling of plastics can be enhanced. To deliver on that agenda, they need the support of the Government through this Bill.

Unfortunately, we have already seen standards weakened through the changes to UK REACH, and powers in this Bill will give the Government the opportunity to further reduce them, leaving open the prospect of dumping lower-standard products, undermining the excellence of the industry in this country.

Industry here wants no divergence; it wants to solve the problem of the £1 billion cost to access the database that businesses need to be able to continue producing in this country. Unless these problems are resolved, we will see an impact on that £31.4 billion of exports, with companies given no choice but to move their manufacturing capacity to the continent of Europe.

There is much at stake here; there is much at stake in maintaining and enhancing those standards for human health, for animal health, for plant life and for British jobs. The Minister said that she has a good relationship with the industry. She can demonstrate that good relationship by supporting amendment 24.