Environment Bill

Kerry McCarthy Excerpts

Wednesday 20th October 2021 Commons Chamber

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I, too, rise to support Lords amendment 3. My Vauxhall constituency, just across the river, is the start of the congestion charging zone, and it contains some of the most polluted roads in the country. Data from the Taskforce for Lung Health found that background levels of PM_2.5 in Lambeth were more than 25% higher than the 10 microgram per metre cubed recommended limit. In some areas of Vauxhall, PM_2.5 levels are nearly 50% higher than that target. The taskforce also found that nearly 7% of deaths in Lambeth were linked to that issue, with devastating impacts on every age group.

We have all mentioned Ella Kissi-Debrah, who was just nine when she died as a result of severe asthma, which was induced and exacerbated by air pollution. She was hospitalised 28 times in 28 months, and last year she became the first person to have air pollution listed as a cause of death. My constituents in Vauxhall cannot wait any longer, and they keep putting themselves at risk because of that difficult air pollution. The roads putting them at risk are the roads they must use to access shops and amenities, or to get to work, school or play, whether by foot, bike, bus or scooter. They are the roads that people, including me, must send their children along to school every day.

Last week, I visited St Anne’s Primary School in my constituency, which was identified by the Mayor of London as one of the 50 schools in the most polluted areas of London. Although it was good to visit that school it was also quite sad, because during the visit the headteacher showed me a state-of-the-art living wall that is using vegetation to protect the children from all the air pollution coming from the main roads. Such innovations are impressive, but why must schools take such measures to protect our young children? That is not right.

The Government have said that they will consult between January and October next year on air quality targets, but how many more targets do we need? The data is there. The data is choking us—no pun intended. It already exists. We know from a 2018 report by UNICEF that the effects of air pollution are more serious for children than for adults. We know from data released last week by City Hall that the areas with the highest levels of deprivation, or those with a higher proportion of people from non-white backgrounds, are more likely to be exposed to high levels of air pollution. We have the tools at our disposal to set that target, so why can we not do so now? As the mother of a 4-year-old and a 6-year-old living in an inner-London borough, I do not want my children growing up with that pollution, nor do I want the children and young people I represent in Vauxhall to continue to grow up with such high levels of pollution. Let us set that target once and for all, bring an end to this, and bring

[Kerry McCarthy (Bristol East) (Lab)]

I very much echo what my hon. Friend the Member for Vauxhall (Florence Eshalomi) said about air pollution. Earlier, the Chair of the Environment, Food and Rural Affairs Committee, the hon. Member for Tiverton and Honiton (Neil Parish), mentioned that the Mayor of Bristol had spoken of the M32 going right into the heart of the city. It is the border between my constituency and that of my hon. Friend the Member for Bristol West (Thangam Debbonaire). It goes through those inner-city areas, and we know that children living in those areas are particularly at risk.

When we have discussed that in various Select Committees and during the passage of Bills, I have found the Minister’s attempted justification for not adopting the World Health Organisation targets very weak, and I am afraid that the same is true today. Surely people’s right to have a log-burning stove is more than outweighed by the fact that there are 40,000 deaths a year because of air pollution. Surely that is far more important. However, other Members have more than done justice to the need to back the Lords on their air pollution amendments, so I want to talk briefly about Lords amendment 1, which has not been spoken about much.

There is no question but that we are in the midst of climate and ecological emergencies that simply are not being taken seriously enough, not just by the Government but by many others who, through their actions, are contributing to the problem and not helping to find solutions. I am usually quite sceptical about the value of grand declarations if they are not backed up by action—and often they are not backed up by action—but I think that formal recognition in the Bill of the gravity of the situation could make a difference.

We have led the way on that in Bristol. We formally declared a climate emergency in 2018 and a biodiversity emergency in February last year. As a result, we have a wide-ranging “one city” ecological emergency strategy, which serves as a blueprint for action on that front. Really, that is what it is about—not just making the declaration, but using that declaration as a way of stressing the urgency and driving action.

I support the Lords amendments on the office for environmental protection. The Bill should have been in force, and the OEP ready for action, for the end of the Brexit transition period. There is just no excuse for the Government’s delays and prevarications—or, it has to be said, for their reneging on their promise to base the OEP in Bristol, which I will not stop reminding them about. We have ended up with precisely the sort of governance gap that many of us warned about, which is shameful. However, now that we are where we are, we ought to accept the Lords amendments, which would ensure that the OEP is independent in nature, that it is able to properly hold Ministers to account for environmental wrongdoing, and that it has control over its own budget.

Finally, the fact that we are so far away from meeting our environmental obligations on air pollution, water quality—I think that will come up in the next group of amendments—and protection of biodiversity only reinforces the case for a strong OEP and more accountability for Ministers. However, there is nothing in the Bill to compel Ministers to act early to meet targets or take action where interim targets are missed. We have these long-term targets way into the future—we have a 25-year environment plan—but if we do not have binding interim targets, it is so easy to kick things into the long grass and say that we are working towards a date at some distant point in the future. We then find that that distant point in the future is suddenly upon us and nothing has been done to ensure that we reach the targets.

Lords amendment 12 would ensure that there are binding interim targets in the Bill, which is so important for our ability to hold the Government to account and to see incremental change that will get us to our final ambition. That needs to be kept in the Bill.

[Rebecca Pow]

With the leave of the House, I will respond to the debate. May I reiterate the condolences that have been expressed? I was not able to be in the Chamber earlier. I have not worn my environmental leaf suit today, as a mark of respect to those two great men—Sir David Amess, who did so much on animal welfare, which is very relevant to my Department, and James Brokenshire. I think we all feel the same about them. We are proud to have known them, and we send our condolences to their families. I am terribly sorry.

I thank all hon. Members across the House for their contributions. As ever, whatever our differences, we listen to what has been said and work very closely together on these matters. I will whizz through some of the questions and comments that were raised before summing up.

Let me refer first to the comments by the SNP spokesperson, the hon. Member for Edinburgh North and Leith (Deidre Brock), just to get the devolution issue clarified. She talked about this Government not respecting the Scottish Government. The power of the Scottish Parliament to legislate respects the exercising of reserved functions by Ministers of the Crown. That was tested recently in the Supreme Court, which agreed with the Government. That judgment by the Supreme Court directly supports Lords amendment 29, tabled by the Government.

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[Rebecca Pow]

We work incredibly closely with our farmers. We could not do any of what we are trying to do without bringing our farmers on board. After all, they manage, own or run at least 70% of the land. Many are already doing good really work on integrated pest management. With some of our new grants we have launched for innovation and tech in particular, we will be working with them to go further down this road, especially through our environmental land management scheme, sustainable farming incentive and so on.

Our healthy bees plan 2030 sets out how we will work with beekeepers and bee farmers to improve honeybee health, and we are improving our understanding, including by supporting a national pollinator monitoring programme. Alongside all that, current pesticide legislation requires that pesticide products and their active substances have

“no unacceptable effects on the environment…having particular regard to its impact on non-target species”

which includes impacts on bees and other effective pollinators such as hoverflies, moths and beetles. Risk assessments made for active substances are subject to public consultation and establish the key risks posed by pesticides. We continue to make decisions on pesticide use based on scientific risk assessment.

Turning to Lords amendment 65, biodiversity loss is a defining challenge for our generation and we must act now. This landmark Bill ramps up domestic action, including a requirement to set a legally binding target to halt species decline in England by 2030. The powers under clause 113 and 114 form an important part and support the ambition for domestic nature recovery. We will bring forward a nature recovery Green Paper before the end of the year, which will set out our approach to driving nature recovery in England. It will include consideration of the scope to amend the habitats regulations, as well as broader exploration of our approach to site designations and species protections.

In adapting our approach to nature conservation, I agree we must maintain and enhance protections. The powers have been tightly drafted and already contain strong safeguards. In exercising those powers, the Secretary of State must: have regard to the particular importance of furthering the conservation and enhancement of biodiversity; be satisfied that the changes do not reduce the level of environmental protection provided currently by the habitats regulations; and test this with Parliament and secure its approval through a vote. To be satisfied that there has been no reduction in protections, the Government have also publicly committed to consulting with the office for environmental protection and Government statutory nature advisers. We also remain bound by international nature conservation law and committed to those obligations. Therefore, I see no need for the amendment and I urge the House to oppose it.

Turning to Lords amendments 94 and 95, our world-leading due diligence measures will help to tackle illegal deforestation in supply chains by prohibiting larger businesses operating in the UK from using certain forest risk commodities, produced on land illegally occupied or used. Forest risk commodities are associated with wide-scale conversion of forest. Examples of those commodities include beef, cocoa, leather, soya, rubber and palm oil. This comes as the UK prepares to lead by example at COP26 in two weeks’ time.

[Kerry McCarthy]

Does the Minister not accept that legal deforestation is becoming as much of a problem as illegal deforestation? If it is deforestation per se of the Amazon, that is a bad thing. Bolsonaro is relaxing the rules in his country, and it is happening in other countries in the region as well, and as a result we are increasingly seeing products entering our supermarket supply chains that are linked to deforestation—there was a story last week about cheese being sold in UK supermarkets. That is bad regardless of whether the Government of the country authorised it or not.

[Rebecca Pow]

I thank the hon. Lady and take her point, but we have to work with other Governments to bring forward our legislation. Many of these countries—Brazil is a specific example—have protections but, in many cases, are not upholding them. This Bill will have an effect, if we can demonstrate that they are not upholding their protections and our products are coming from there. That all has to be in a transparent survey, and data has to be recorded by businesses, so the onus will actually also be on them, because they do not want to be seen to be selling products that are causing deforestation. We have worked extremely hard to get that provision into the Bill and we believe that it will help to make a difference on this issue.

Given the pioneering nature of the policy, we have included a statutory requirement for a review every two years to make sure that the policy is delivering as intended and that the things that are happening, exactly as the hon. Lady suggests, do not happen. However, conducting a review after just one year of the requirements coming into force, as the amendments require, does not provide sufficient time to understand the policy’s effectiveness.