Oral Answers to Questions

Kerry McCarthy Excerpts

Thursday 20th June 2019 Commons Chamber

[Dr Coffey]

We have updated the planning guidance for the planning policy. As we set out in the consultation, we intend to develop in the environment Bill an update of metrics for biodiversity and wider environmental net gains. We will provide practical tools to support developers and, critically, local planning authorities to achieve better environmental outcomes for every development.

[Kerry McCarthy (Bristol East) (Lab)]

A 38 Degrees petition started by Norman Pasley from Bristol is calling for legislation on the installation of swift boxes in all new housing developments, and it has more than 130,000 signatures. As parliamentary species champion for the swift, I urge Ministers to support the campaign. Perhaps the Secretary of State in particular would like to make it his legacy from his time at the Department.

[Dr Coffey]

Hopefully, the hon. Lady will be swift in her praise for the work we are doing with the forthcoming environment Bill. As the species champion for bitterns, which are literally booming as we speak, I know that this issue matters. We want to take more proactive approaches to how we protect species. I am not sure whether a swift box in every single house is the right thing, as opposed to all sorts of other things such as beetle hotels—there is a wide variety—but we need to make sure that we encourage a wide range of biodiversity for birds, for wildlife and for the protection of nature for future generations.

--- Later in debate ---

[Kerry McCarthy (Bristol East) (Lab)]

T5. An investigation published last week by The Guardian, the Bureau of Investigative Journalism and “Channel 4 News” suggested that at least 3,000 deaths each year could be avoided if agricultural ammonia emissions were halved. The Secretary of State said that he wanted to close the current loopholes by 2025. May I suggest that it would be a marvellous legacy for him as he leaves the Department —which he presumably will, whatever happens today—to introduce a comprehensive ammonia reduction strategy?

[Michael Gove]

I am grateful for the hon. Lady’s valuable advice. She is right: when it comes to dealing with air quality, we need to deal with ammonia emissions. We have a number of policies that we will implement as part of our environment Bill.

Trophy Hunting

Kerry McCarthy Excerpts

Wednesday 15th May 2019 Westminster Hall

[Zac Goldsmith]

I thank the hon. Gentleman for his intervention, and I will come to the points he raised later. Despite the appalling background that I and others have already described, we do care about nature in this country. It is often rightly said that we are a nation of animal lovers. I am proud of things that have happened even on this Government’s watch. We have banned microbeads and ensured that CCTV is required in every slaughterhouse. We are finally prohibiting the use of wild animals in circuses. That took a while to happen, but it is happening. We have banned the ivory trade. We have world-leading legislation. We have extended the blue belt to protect vast swathes of the world’s oceans. We have done much more besides that, but the need to protect animal welfare does not stop at our borders, and that is why I want to highlight the issue of trophy hunting today.

[Kerry McCarthy (Bristol East) (Lab)]

No one is in any doubt as to the hon. Gentleman’s commitment to these issues. He just mentioned things outside our borders. I apologise if I pre-empt what the hon. Member for Mid Bedfordshire (Ms Dorries) is here to say, but there is also real concern about what is happening in Woburn on the estate owned by the Duke of Bedford. Tourists are paying up to £7,000 to shoot deer there. That is another form of canned trophy hunting, but it is happening in this country, not very far from where we are now. Does the hon. Gentleman agree that that also should be prohibited?

[Zac Goldsmith]

I think that issue will be raised later in the debate. It is not an issue that I know a huge amount about, but from what I do know, I very much share the hon. Lady’s concerns, and I thank her for raising them.

On a personal level, I believe that shooting beautiful endangered wild animals purely for sport is barbaric and perverse. I think the Secretary of State for Environment, Food and Rural Affairs spoke for many when he said recently that he had an “emotional problem” with trophy hunting. It is no surprise that a poll found 93% of the public opposed to trophy hunting. Earlier this week, the Commons digital engagement team kindly asked members of the public for their views in advance of this debate, and there was a huge response. Many thousands of people responded and, unsurprisingly, the vast majority were opposed to the practice, describing it as “abhorrent,” “appalling”, “barbaric”, and more besides.

Members will remember the tragic story of Cecil the lion, a beautiful and much celebrated animal, shot dead by a trophy hunter in Zimbabwe in 2015. I remember feeling sickened by the sight of celebrity hunter Melissa Bachman gloating on Twitter and Facebook, smirking alongside dead bears, crocodiles, lions and so many other beautiful animals, but the issue goes far wider than the stories that occasionally make it into the mainstream media or even social media. A 2016 report by the International Fund for Animal Welfare revealed that as many as 1.7 million hunting trophies crossed borders between 2004 and 2014, at least 200,000 of which were from threatened species. The US accounts for a staggering 71% of them. In 2016, 1,203 trophies were taken from the most endangered species of all—those listed on appendix I of the convention on international trade in endangered species.

Some of those species are in real trouble. Wild lion numbers, for example, may now be as low as 15,000, which is a 43% decline in just 21 years. Only 415,000 African elephants remain, when there were more than 3 million a century ago. The black rhino population has recovered a bit, but there are still just 5,000. It therefore seems perverse that the hunting continues, and in many cases is all perfectly legal. We sometimes hear from the hunters when they are pushed, charged or challenged that they do it for the love of the animal or for the love of nature, but could anyone who loves and respects the noble lion or the gentle giraffe even entertain the idea of paying thousands of pounds to butcher them?

Oral Answers to Questions

Kerry McCarthy Excerpts

Thursday 9th May 2019 Commons Chamber

[Mr Goodwill]

Having studied soil science at university, I understand that soil is one of our greatest assets, and indeed the numerous environmental benefits and services that can be derived from activities that enhance soil health will be eligible for public money.

[Kerry McCarthy (Bristol East) (Lab)]

I am glad that the Minister has had a change of heart on that because he argued against my amendment on soil during the Bill Committee, but now he is on the Front Bench. What are we doing to try to meet net zero emissions from farming either through the Agriculture Bill or other mechanisms? The Committee on Climate Change again endorsed that this week. What are the Government doing and when is the target going to be reached?

[Mr Goodwill]

The hon. Lady makes a good point and, indeed, emissions from agriculture have fallen by about 16% since 1990. However, progress has stalled in recent years, with little change since 2009, and I know from the work we did together on the Environmental Audit Committee that we need to make further progress on that, particularly by looking at methane, which has a briefer half-life than other greenhouse gases such as carbon dioxide and so needs to be dealt with in a slightly different way.

Environment and Climate Change

Kerry McCarthy Excerpts

Wednesday 1st May 2019 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

We need action on so many fronts to tackle this climate emergency, but time is limited so I will speak about just one. Unsurprisingly, it is about the fact that 30% of our global greenhouse gas emissions are attributable to our food system.

If we do not make changes, the food and farming system will singlehandedly use up our Paris climate agreement emissions budget within the next 30 years, yet there is still a woeful failure to rise to the challenge, and there is no excuse. There have been endless wake-up calls, including from the UN, the IPCC, EAT-Lancet, Chatham House, academics from Harvard and Oxford, and many more—I have a big pile of reports in my office—yet politicians are still hitting the snooze button.

Lots of things contribute to the climate impact of our food system: the use of fossil fuels and synthetic nitrogen fertilizers on farms, methane emissions from ruminants, transportation and refrigeration. If food waste were a country, it would have the third largest carbon footprint, behind China and the USA. However, the biggest impact is from land use. Some 48% of UK land is used for animal agriculture, and 55% of that is used for animal feed, rather than for growing food that is directly eaten by humans. The destruction of the Amazon rainforest is driven by industrial farming, which destroys habitats, biodiversity and natural carbon sinks.

It has been more than 10 years since I held a debate in Westminster Hall on the environmental impact of the livestock sector. To say that the reaction I got then was hostile is an understatement, but it now feels like there is a breakthrough. This breakthrough is being led by the public, and the private sector has responded to that public demand. It is not being led by politicians. I really think we need to rise to the challenge and start talking about it. We need a net zero emissions target by 2040 in the Agriculture Bill, which the NFU now backs. We also need to reward farmers who reduce their carbon footprint, to plant more trees and to store more carbon in the soil—and yes, we need to accelerate the trend towards healthier, more sustainable diets by reducing red meat and dairy consumption by at least 30% by 2030.

Last night, my hon. Friend the Member for Bristol North West (Darren Jones) and I attended an event in Soho hosted by the Meatless Farm Company, which is calling for people to sign up to a meatless consumption target. It commissioned research by Joseph Poore of Oxford University that showed that if people replaced one read meat meal a week with a plant-based meal, it would cut UK greenhouse gas emissions by some 50 million tonnes—that is a reduction of 8.4% or the equivalent of taking 16 million cars off the road. I call on all the politicians in this place who profess to care about climate change to take up that challenge.

World Health: 25-Year Environment Plan

Kerry McCarthy Excerpts

Tuesday 9th April 2019 Westminster Hall

[Derek Thomas]

I thank the hon. Lady for her intervention. I will come to that, because the environment plan commits to environmental net gain measures in planning. That is why, as was mentioned earlier, it needs some teeth. We need to see the environment Bill, which I will ask the Minister to comment on later.

I am an enthusiastic advocate of the challenge from DEFRA to make 2019 a year of action for the environment, working with Step Up To Serve and other partners to help children and young people from all backgrounds to engage with nature and improve the environment. The hon. Member for Great Grimsby (Melanie Onn) is right that if we are tearing down perfectly healthy trees to build the houses and buildings that we need, that is not the example our children need to see. The Woodland Trust can provide up to 400 trees for schools to plant, and many of my schools have done so. It has 40,000 trees left—and I am hoping to get half of them, so hon. Members will need to get in there quick.

[Kerry McCarthy (Bristol East) (Lab)]

That recognition of the biodiversity net gain principle is incredibly important. Will the hon. Gentleman join me in condemning what seems to be becoming a pattern of developers netting off hedges? The most recent case was at the Bacton cliffs, where there was terrible footage of a sand martin that had flown back from its winter migration and was trying to return to its nest, but was being prevented by netting. It is an attempt to flout the rules that say, basically, that developers cannot interfere with hedgerows once the nesting season has started. Is it not absolutely appalling that that is going on?

[Derek Thomas]

I completely accept that. We must find stronger methods to manage that practice, and I wrote to the Secretary of State in the last two weeks or so to ask him how we can toughen up on it. The hon. Lady is absolutely right to raise it, and I am glad that she has had the opportunity to do so.

I mentioned how important west Cornwall and Scilly is. It boasts some of the most important and precious parts of natural England. For example, due to careful management we are seeing the recovery, as I said earlier, of the Manx shearwater, a rare seabird, and the storm petrel on Scilly. That seabird recovery project has brought members of the community together to rid some of the islands on Scilly of litter and rats, which has led to the survival and remarkable recovery of these rare seabirds. There is a need to continue that work and to expand it to other islands on Scilly—as I said, there are just two places across the UK where the birds nest—and I would welcome a commitment from Government to fund this valuable and successful initiative.

Oral Answers to Questions

Kerry McCarthy Excerpts

Thursday 28th March 2019 Commons Chamber

[David Rutley]

I can confirm that that is absolutely the case. As soon as parliamentary time allows, the Government will introduce legislation to increase those sentences from six months to five years. Like my hon. Friend, I have zero tolerance for the abhorrent crime of puppy smuggling. I look forward to discussing the matter more fully with him in the Westminster Hall debate that he has secured for next week.

[Kerry McCarthy (Bristol East) (Lab)]

rose—

[Mr Speaker]

Ah—Kerry McCarthy.

[Kerry McCarthy]

I was inspired suddenly, Mr Speaker.

I asked the Minister about this when he appeared before the Select Committee on Environment, Food and Rural Affairs yesterday: he says that he will bring back the sentencing Bill and the animal sentience Bill when we have parliamentary time, but we have spent an awful lot of parliamentary time sitting around, twiddling our thumbs and waiting for Brexit votes. He could bring forward that legislation very soon, could he not?

[David Rutley]

We look forward to bringing it back to the House as soon as parliamentary time allows.

Draft Rural Development (Amendment) (EU Exit) Regulations 2019 Draft Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019

Kerry McCarthy Excerpts

Thursday 21st March 2019 General Committees

[Mr Goodwill]

I am very pleased to respond to the hon. Gentleman’s points, which I have to say are precisely the sort of questions that I have been asking as a new Minister in the Department. It is constructive that we seem to be on the same page about the exciting opportunities available to us as we leave the European Union. I will expand on that in due course.

The two draft instruments will ensure that the rural development programmes funded by the EAFRD continue to operate effectively in the United Kingdom following EU exit. As I said, the development fund is worth some £430 million a year, and the UK—I repeat—has guaranteed that any projects funded from the 2014 to 2020 allocations from the fund will be funded for their full lifetime. The instruments provide the legal basis for continuing to make payments to agreement holders, providing certainty to farms and land managers, and for preserving the existing regime for supporting rural businesses and environmental land management, among other things.

The hon. Gentleman started his remarks by saying that this SI is the one that concerns him most. I have to say, there is nothing to see here. These are not changes; this is maintaining the existing situation so that we can continue the current regime. It is business as usual. The debate gives me another opportunity to reassure right hon. and hon. Members that that is indeed the case.

The hon. Gentleman has not fully grasped the opportunities that life outside the European Union may present. Having sat in the back row in the Agriculture Bill Committee, I know of the tremendous opportunities and the innovative new schemes that will come forward. No doubt those schemes will build on our experience of existing agri-environmental schemes. On my own farm, for example, we are planting nectar plants—the first time that we have ever encouraged weeds, rather than killed them. We need to build on such schemes.

[Kerry McCarthy (Bristol East) (Lab)]

My recollection of the Agriculture Bill Committee is that the right hon. Gentleman disagreed with rather a lot of the Bill. Now he has been promoted to the Front Bench, has he had something of an epiphany so that he agrees with the Government line?

[Mr Goodwill]

If the hon. Lady analyses everything I said in that Committee, as I have done, it was absolutely in line with the objectives and ambitions of the Bill, and the reassurances that I received from my predecessor established the fact that we are on the right page and that we need to move forward. She must revisit the points that I made—I asked some searching questions during the debate, and I was pleased with the answers that I received. Indeed, I was happy to vote for that piece of legislation.

[Kerry McCarthy]

I assure the Minister that I have gone through what he said in the Agriculture Bill Committee with a fine-toothed comb. I have a very long list of where there might now be some inconsistencies, but we can return to them at a future date.

[Mr Goodwill]

I look forward to that robust exchange of views. Indeed, it might be that, given my particular take on some aspects of that Bill, we look at some amendments. Who knows!

The hon. Member for Stroud made a valid point that not all the funds have been drawn down. That is a great disappointment, because the funds are important to develop not only our rural economy but the public goods and the environment that people wish to see. We need to analyse why that was not done. In the case of some of the capital grant funding for improvements to businesses, the EU structure was often very much based on giving money to co-operatives. Many European Union countries have a much wider co-operative structure among their farmers, particularly in areas where there are small farmers, who can work together only if they co-operate. In the UK, we do not have that same history of co-operatives, which in some cases has prevented farmers from applying, say, for better storage facilities.

Secondly, as the hon. Gentleman mentioned, many EU schemes are complicated and over-bureaucratic. We need to look at how to simplify them. Given the egregious exploitation of schemes in some parts of southern Europe, I can understand why the European Union came to the view, in some cases, that every farmer was out to exploit the system in a way that was not intended. My view is that farmers in this country are much more likely to comply and engage with our common objectives.

I met several landowners and farmers at an event last week. The point has been made that we have not made payments as effectively as we should—there have been delays, particularly in the agri-environmental schemes. Many such schemes involve up-front investment, such as buying seeds or hedging plants, so we need to improve our performance to encourage more people to feel that they can invest in them.

The hon. Gentleman talked about funding. There is the small matter of our contribution to the European Union budget, which we will be able to deploy for our own interests. As net contributors, we will be in a better position to make sure that the money is adequately spent. We will certainly be engaging in the spending review and with the devolved Administrations to make sure that we have a fair share of the available money and that it can be deployed as intended and not top-sliced in some other way.

Insect Population

Kerry McCarthy Excerpts

Wednesday 20th March 2019 Westminster Hall

[Alex Sobel]

Absolutely. Urbanisation is a big challenge. If we do not create green corridors in our cities, insect biomass, variety and abundance will surely perish.

[Kerry McCarthy (Bristol East) (Lab)]

This is such an important issue. My hon. Friend talked about agriculture, and the growth of the agrochemicals industry is obviously a main cause. Does he agree that integrated pest management and a more agro-ecological approach to farming is the way we need to go if we are to protect our pollinators and other insects?

[Alex Sobel]

I pay tribute to my hon. Friend, who is an expert on the subject in this place. She is absolutely right. We and the Department for Environment, Food and Rural Affairs need to do more work on that.

Modern Farming and the Environment

Kerry McCarthy Excerpts

Tuesday 12th March 2019 Westminster Hall

[Kerry McCarthy (Bristol East) (Lab)]

It is a pleasure, as always, to see you in the Chair, Mr Evans. It is also a pleasure to be reunited with two former colleagues on the Environmental Audit Committee, the hon. Member for Gordon (Colin Clark) and the Minister, who have both gone on to other things. We also went into battle on many occasions during the Agriculture Bill Committee, although it is fair to say that we were not always on the same page about everything. Now the Minister has taken up his post, to which I welcome him, he may have to revisit some of his views, compared with the freedom he had as a Back Bencher.

As chair of the all-party parliamentary group on agroecology for sustainable food and farming, I support the idea of a whole-farm system based on nature-friendly farming. As a nation, we should do far more to make organic farming and agroecology mainstream, as they do in France. Organic farms have on average 50% more wildlife and 30% more species than conventional farms. We should also do more to support agroforestry; pasture-based livestock systems, which have already been mentioned; integrated pest management; and low-input mixed farming, as we look to restore ecosystem services and our long-term food security. At every opportunity, we should move away from unsustainable intensification and an over-reliance on agrochemicals.

Over the years, numerous studies have shown that farming in an environmentally beneficial way is not just good for nature, but better for business. In 2018, the Agriculture and Horticulture Development Board found that introducing wildflower margins around the edges of fields increased bumblebee numbers in courgette fields and boosted yields by 39%. Due to the reduced input costs required from the farmer, that provided pollination services valued at £3,400 per hectare, so just because land is taken out of production, the farmer does not necessarily lose out. At the moment, under the common agricultural policy, there is a distorting incentive to farm absolutely every inch of the field, but we will hopefully move away from that under the new public-money-for-public-goods approach.

Despite a lot of professed support for more nature-friendly farming, the reality on the ground is different. Soil degradation in England and Wales costs £1.2 billion every year, with a staggering 2.2 million tonnes of soil lost annually. In the Agriculture Bill Committee, this Minister was sceptical about that and said that the soil on his farm had never been healthier, but the then Farming Minister, the hon. Member for Camborne and Redruth (George Eustice), subscribed to the view that we need to do far more to support our soil. I suggested that we need a specific public good in the Bill, but the then Farming Minister said that that was already covered by the listed public goods. Whatever our views as to the wording required in the Bill, we all need to do far more to improve soil quality.

The decline in bees has been well documented over the years, but farmland birds are another indicator. Their numbers have declined by 56% in the past 46 years and 12% of British farmland species are now threatened with extinction.

The State of Nature report 2016 identified the intensification of agriculture as having, by a huge margin, the biggest negative impact on wildlife in the UK when compared with other sources of wildlife decline. As has been mentioned already, that has partly been driven by the CAP. I hope that we do not leave the EU, either today or towards the end of the process, but I would be glad to see the back of the CAP.

To reverse the decline of species and address the serious environmental challenges facing us, farmers must be incentivised to provide environmentally beneficial outcomes. That is why I have supported the introduction in the Agriculture Bill of the new environment land management scheme, based on the principle of delivering public goods, such as adaptation to climate change, improved water quality and public access, for which no functioning market exists. This approach is overwhelmingly supported by the public. A World Wide Fund for Nature/Populus poll found that 91% of those surveyed wanted the Government to pay farmers to protect nature.

However, as has already been mentioned, farmers need funding certainty if they are to go down that path. They need certainty beyond 2022 and I support the amendment that the Chair of the Environmental, Food and Rural Affairs Committee, the hon. Member for Tiverton and Honiton (Neil Parish), has tabled to the Agriculture Bill—whenever that Bill reappears—because we need multi-annual funding to give farmers that certainty.

We also need a strong regulatory baseline for the farmed environment to thrive, which is something that we discussed in the Agriculture Bill Committee, and if we have those standards, they must be enforced by a new farm inspection regime.

The other issue that will have a massive impact on farming in a post-Brexit world is what trade deals we negotiate with other countries. Again, this issue has been discussed in a lot of detail in other forums, so I do not intend to dwell on it here. However, as I have said, the Chair of the EFRA Committee has tabled new clause 4 to the Agriculture Bill and I have tabled new clause 1, which is very similar; we are working together, on the same page, on this issue. We are at serious risk of exporting our environmental footprint abroad while sparking a race to the bottom in food production and safety to compete on price at home. There is no point in having all this talk about keeping our environmental standards and promoting nature-friendly farming in this country if we allow imports from other countries that are produced to much lower standards than our own produce. As Minette Batters, the National Farmers Union President, said a few weeks ago:

“Mr Gove has said that over his dead body would British standards be undermined. I don’t want it written in blood. I want it written in ink.”

We want it “in ink” in the Agriculture Bill and we want that Bill to come back sooner rather than later.

The final issue that I will mention is climate change. We have 12 years to avoid a catastrophic climate emergency, and we must openly discuss the impact of livestock on climate change and the environment more frequently in debates such as this one. It is now almost 13 years since the Food and Agriculture Organisation published its “Livestock’s Long Shadow” report, which stated that

“the livestock sector is a major stressor on many ecosystems and on the planet as whole. Globally it is one of the largest sources of greenhouse gases and one of the leading causal factors in the loss of biodiversity, while in developed and emerging countries it is perhaps the leading source of water pollution.”

Nearly 10 years ago today—it was actually 25 March 2009—I stood here in Westminster Hall, having secured a debate on the environmental impact of the livestock sector. There was quite a good turnout, but everyone else who turned out was there basically to give me a hard time. I like to feel that I have been slightly vindicated since then, because there have been so many other highly authoritative reports—it is not just me who says they are highly authoritative; my opinion does not count for very much—that make exactly the same point, and I ask the Minister, “When will we listen on this and do something about it?”

In its 2018 progress report to Parliament, the Committee on Climate Change identified agriculture as one of the key priority areas for an emissions reduction programme over the next decade. Otherwise, we will not meet our fourth and fifth carbon budgets.

--- Later in debate ---

[Mr Nigel Evans (in the Chair)]

Before I call Kerry McCarthy again, I remind Members that I have said that speakers should take about five minutes each, and your speech has now lasted for eight minutes.

[Kerry McCarthy]

Sorry—I did not quite get that. And, yes, soil is absolutely brilliant for carbon sequestration.

I will just conclude, Mr Evans; I apologise, as I did not know that you had said Members should take five minutes. The signs that are being sent out by the Government at the moment are that they are trying to head in the right direction with the Agriculture Bill, but the need to act swiftly is imperative, and I would like to see more ambition.

Draft Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019

Kerry McCarthy Excerpts

Thursday 14th February 2019 General Committees

[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 Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019.

It is a pleasure to serve under your chairmanship, Mr Austin.

The draft regulations are an affirmative statutory instrument on the environment, for consideration in respect of the United Kingdom leaving the European Union in accordance with the result of the 2016 referendum and subsequent agreement by Parliament. Their purpose, under the European Union (Withdrawal) Act 2018, is to provide for public authorities in the United Kingdom to exercise a series of limited legislative functions that under EU legislation are currently conferred on the European Commission.

In each case, the legislative function was conferred on the Commission so that it could sort out the technical details of a specific EU regime and adapt to changes without the frequent need to refer back to the European Council and Parliament. The powers are vital to the functioning and development of the legislation, but they are strictly limited to specific technical and administrative matters. The functions are not the kind for which, in the domestic context, we would generally require primary legislation; rather, they are suitable to be dealt with by secondary legislation, or administratively.

Examples of the functions include specifying what forms are to be used; amending technical annexes to reflect advances in scientific and technical knowledge; and updating annexes to reflect changing requirements under international agreements. A good example would be a change under the multilateral convention on international trade in endangered species, known as CITES. In 2016, at the last conference of the parties, which I had the joy of attending, we adopted a decision to change the listing status of more than 500 species of wild animals and plants. The Commission subsequently amended the basic EU CITES regulation by a 2017 regulation. After we leave the EU, the UK authorities need to be able to continue updating such technical details for domestic purposes, to ensure that the legislation keeps pace with change, including technological developments and our international commitments, without the need for primary legislation every time that a change in such matters is required.

This coming May I hope to attend the CITES conference of the parties. It is highly likely to make further technical changes to the convention, and we will need to reflect those in our national legislation within the 90 days allowed under the convention. As I have suggested, it would be difficult, if not nigh impossible, to comply through primary legislation.

Until now, Parliaments and Assemblies in the United Kingdom have had little input into how such powers are exercised. With two minor exceptions, the draft regulations provide that the legislative functions coming to the UK will be exercised through secondary legislation, which is subject to scrutiny by our Parliaments. The exercise of the functions in specified cases also requires consultation with interested parties and expert bodies—for example, regulation 9 on industrial emissions or regulation 12 on CITES.

In other cases, the principles of good public administration and the Government’s own 2018 consultation principles will ensure that relevant expert advice is sought where appropriate, and that those affected by any policy developments are properly consulted. The regimes will otherwise continue to function similarly to how they do now.

[Kerry McCarthy (Bristol East) (Lab)]

I am glad that the Minister mentioned the need for expert advice. The Department for Environment, Food and Rural Affairs, however, is incredibly stretched at the moment, so what assurances will she give on sufficient expert scientific or technical input before statutory instruments are brought before the House? It is one thing to say that Parliament gets to scrutinise, but we are not experts, and experts need to be involved.

[Dr Coffey]

To use the example of CITES, such bodies will often input into consideration of changes to species to be protected in future. At the moment, Parliament gets no say on that whatever; it just gets done through international agreement, with the EU just changing it so it is there. There is an element of the different sorts of science experts that we have in the United Kingdom, but we will not necessarily need to limit ourselves to the United Kingdom alone in consideration of scientific expertise in the future. A key differential is that now Parliament will have a say on bringing such things into UK law. That is a step change from what we have today.

The draft statutory instrument makes a number of adjustments, but I assure the Committee that there is no change of policy, and there will be no impact on businesses or the public. Regulation 2 confers functions under the EU regulation on persistent organic pollutants, often known as POPs. That includes, for example, a power to amend POPs waste concentration limits, for the purpose of adapting to scientific and technical progress; and to ban, restrict or modify the use of POPs in accordance with international agreements.

Regulations 3 and 6 confer functions under the EU regulations on illegal timber and timber products. The functions include a power to recognise licensing schemes in partner countries to form the basis of licensing, and to amend the list of timber products to which the licensing scheme applies.

Regulation 4 confers functions under the EU regulation establishing a European pollutant release and transfer register. The functions include a power to take measures to initiate reporting on releases of relevant pollutants from diffuse sources where no data exist, and to adopt guidelines for the monitoring and reporting of emissions.

Regulation 5 confers functions under the EU regulation on trans-frontier shipments of waste. The functions include a power to establish and amend technical and organisational requirements for the practical implementation of electronic data interchange for the submission of documents and information.

Regulation 7 confers functions under the EU regulation on the Nagoya protocol on access to genetic resources, and the fair and equitable sharing of benefits. The functions include a power to establish and amend procedures for monitoring user compliance and for recognising best practice.

Regulation 8 confers functions under the EU regulation on mercury. The functions include a power to specify the forms to be used for export and import restrictions, and to set out technical requirements for the environmentally sound interim storage of mercury, mercury compounds and mixtures of mercury.

Regulation 9 confers one legislative function contained in an EU directive. That directive relates to industrial emissions, and the power relates to determining best available techniques for preventing or minimising emissions from activities covered by the directive.

Regulations 10 and 11 confer functions under the EU regulations governing the use of leghold traps and the import of pelts and goods. The functions include a power to grant derogations from the ban on the import of pelts and other products, and to determine the appropriate forms for certification of imported goods incorporating pelts of listed species.

Regulation 12 confers functions under the EU regulation implementing CITES. The functions include a power to establish restrictions on the introduction into the UK of listed species, and to provide for derogations from certain provisions.

[Kerry McCarthy]

Will the Minister give way?

[Dr Coffey]

Might I suggest that the hon. Lady makes a contribution to the debate so that I will be able to answer her questions fully?

I have explained that we will exercise those powers by laying statutory instruments before Parliament, which is not what happens today, as I have pointed out. For the sake of completeness, I draw the Committee’s attention to the two minor cases in which administrative procedures will be used, rather than secondary legislation. They relate to aspects of the POPs and leghold traps regimes. In the first case, the administrative function being conferred concerns the determination of the format for the provision of information by the competent authority; in the second case, it concerns the publication of model forms for use by importers. To be clear, the draft regulations concern administrative elements, rather than a change in policy.

In addition to the above measures, the draft regulations amend the retained direct EU legislation where that is necessary to make it function properly after exit. An example of such an amendment is changing references from “Community legislation” to “retained EU law”.

All the legislative functions covered by the draft regulations fall within the environment and wildlife policy areas of DEFRA. We have decided to deal with them in a single instrument that is subject to the affirmative procedure. The draft regulations allow the nine so-called “home” instruments, which would otherwise separately confer each legislative function, to be subject to the negative procedure. In each case, the conferral of legislative functions was the only element in the “home” SI that required the affirmative procedure. The structure of the regulations will allow the exercise of legislative functions by UK bodies in those areas of the environment to be considered together.

The draft regulations extend and apply to the whole of the United Kingdom. They deal with both reserved and devolved matters. In the case of reserved matters, the legislative function will be conferred on the Secretary of State to exercise on behalf of the whole UK. We have consulted extensively with the devolved Administrations about legislative functions that relate to devolved matters and, where appropriate, they have consented to our proceeding by means of the regulations. Where matters are devolved, functions are conferred on the Secretary of State and Ministers for the devolved Administrations. The default position is that each Administration will exercise a function separately. Where devolved Administrations consent on a case-by-case basis, however, the Secretary of State will be able to exercise functions on their behalf.

I point out that we are making technical amendments, in effect to allow us to continue to undertake our international obligations on such matters in a way that would not be possible if we did not have the powers. I hope that I have explained to the Committee how the European Commission does that now.

[Sandy Martin (Ipswich) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Austin. Once again, we are discussing a statutory instrument that tries to make provision for a workable regulatory framework after Brexit in the event of our crashing out without a deal. Each time, Labour Members have spelled out our objections to the Government’s approach to secondary legislation, but I make no apology for doing so again because the volume of EU exit secondary legislation undermines accountability and proper scrutiny.

The Government claim that no policy decisions are being taken, but establishing a regulatory framework necessarily involves matters of judgment and raises questions about resourcing and capacity. The potential cumulative impact of all this secondary legislation will be immense, especially in some sectors. Because of the limited accountability that it allows, secondary legislation ought to be used only for technical, non-partisan, uncontroversial changes. Instead, the Government continue to push through contentious legislation without the opportunity for proper in-depth scrutiny. In that light, the Opposition put on record our deep concern that the processes regarding the draft regulations are not as accessible and transparent as they should be.

The draft regulations need to be seen in the context of the withdrawal agreement and the draft Environment (Principles and Governance) Bill. The draft Bill is not capable of maintaining current EU protections because it does not create an effective body that can make judgments binding on public bodies or Departments, or impose meaningful sanctions. The public can have no confidence in the Government’s proposed environmental watchdog if it is appointed by and reports to DEFRA. In any case, there will be an environmental governance gap from leaving the EU until the date when the proposed watchdog starts to function, even if the proposed Bill is not delayed.

It is essential not to allow Brexit to be used as an excuse to reduce or weaken our environmental protections. If we are to keep in step with any environmental improvements, the Government must ensure that the UK commits to non-regression on environmental standards with the EU, and they must give that commitment legal clout in the environment Bill.

The explanatory memorandum to the draft regulations states:

“This instrument does not make changes to substantive policy content.”

It will, however, allow UK authorities, particularly the Secretary of State, to make changes that could have a significant environmental impact. The powers of the EU Commission under the persistent organic pollutants regulation will be transferred to the Secretary of State, who will be empowered to amend the draft regulations by statutory instrument subject to the negative procedure. There is nothing in the draft regulations to prevent the present Secretary of State or any subsequent incumbent from watering down the regulation of POPs. If they did so, the negative procedure would give Parliament precious little control over their decision.

The aim of the European Parliament in passing the POPs regulation was to phase out their use as soon as possible or restrict their production and use, minimise POP releases and establish provisions regarding POP waste. The Commission currently has the power to amend POP waste concentration limits and ban or restrict their use in accordance with international agreements, but where is the provision in this SI to ensure that the Secretary of State will only tighten the regulation, or that he will do so in step with other countries? The devolved nations will have their own arrangements, which may afford more democratic control, but in England, Parliament is not taking back control of the regulation; it is passing it to the Secretary of State.

The European pollutant release and transfer register is a publicly accessible electronic database that implements a protocol of the United Nations Economic Commission for Europe to facilitate public participation in environmental decision making, as well as contributing to the prevention and reduction of environmental pollution. But where is the breadth and depth of expertise available throughout Europe—let alone the resources—to inform a British version of the register? How can we possibly do anything other than take our cue from Europe on these matters, without any longer having the power to influence them? Surely the same is true of the Nagoya protocol. The Commission has the power and duty to establish and monitor the use of a register of genetic resources collections. Transferring them to the Secretary of State will take away the valuable shared knowledge and practice that we currently enjoy.

Again, with the shipment of waste regulation, the Commission has the power to establish the technical and organisational requirements for the practical implementation of electronic data interchange; to establish procedures governing the export of wastes; to maintain a correlation table to support enforcement; and to amend to reflect international agreements and changes in other EU legislation. Those functions are to be transferred to the Secretary of State, but what possible sense does it make to replicate all that activity at a national level? How much additional cost will be involved? How will the UK keep in step with any changes in EU legislation? If we do not, how will we be able to maintain our shipments of waste to EU countries for treatment? It is all very well for the Secretary of State to talk about developing our own recycling facilities, but we cannot do that for all our waste by December 2020, let alone by 29 March.

In the regulations regarding wildlife and trade, the powers to amend, for example, to add a country to the list of approved countries from which we will be allowed to import animal pelts, will transfer to the Secretary of State. However, whether he or any subsequent Secretary of State decides to stiffen or relax such regulations will be a matter for further regulation and not easily challengeable by this Parliament or anyone else.

[Kerry McCarthy]

That was going to be my question to the Minister. There is keen public interest in ensuring that we do not promote the fur trade in any way, shape or form. It is one thing to say that discussion at the European level does not have direct democratic oversight, but it is a big discussion, involving lots of countries and with a big political debate around it; if we are talking about a Committee such as this one, or perhaps the Secretary of State or an official exercising functions in an office somewhere in Whitehall, I worry that the policy agenda will move on without our realising that something we would not have accepted is happening.

[Sandy Martin]

I totally agree with my hon. Friend. We would much prefer provision in every single regulation to make it clear that the Secretary of State cannot relax or move backwards on any current EU regulations under a statutory instrument subject to the negative procedure. That is the major flaw of a large number of such instruments. With most of the transferred powers, the functions can be exercised by the Secretary of State without a requirement to obtain expert or technical input or the need for consultation with those likely to be affected. That is a recurring theme.

Despite the reassurances of the Secretary of State— I mean, of the Minister—sorry, an instant promotion there.