Plastic Bottles and Coffee Cups

Kerry McCarthy Excerpts

Thursday 17th May 2018 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

I congratulate my hon. Friend the Member for Wakefield (Mary Creagh) not only on securing this debate but on her excellent leadership of the Environmental Audit Committee, of which I am proud to be a member.

It is clear that the public want us to act. The right hon. Member for Putney (Justine Greening) made a very good speech. She spoke about her local schools and how enthused schoolchildren are about this issue. Just this week I received some brilliant letters from year 4 pupils at Wicklea Academy in my constituency. They demonstrated not only a real understanding of the issue but clear-eyed astonishment that, say, black plastic containers could be used for ready meals when we know they are not recycled. They asked me how that could possibly be justified.

Huge credit must go to “Blue Planet II” for raising awareness and creating momentum behind the campaign. Whenever I mention things like “Blue Planet II” I have to mention the BBC natural history unit, which is of course based in Bristol—the people of Bristol deserve some credit. “Blue Planet II” brought into our homes, in amazing, vivid detail, how wonderful and extraordinary the habitats and wildlife of our seas and oceans are, and just how precious a natural environment it is, which made it all the more distressing when we saw the episode with sea life being cut open and plastic being pulled from the sea life’s stomachs. We saw the terrible damage that plastic pollution can do.

The Government have made the right noises so far, but action has been limited and slightly disappointing. They have promised a deposit return scheme, which is one of the report’s key recommendations. The scheme will be excellent but, in other respects, the action has been limited to low-hanging fruit such as the ban on the wash-off version of microbeads in cosmetic products.

The Government have talked about ending the sale of plastic straws, stirrers and plastic-stemmed cotton buds. Again I credit a Bristol organisation, City to Sea, which has been campaigning, particularly on cotton buds, for a few years and has approached all the major retailers and manufacturers, many of which have managed to change their products. In many cases, instead of using plastic, they now use compacted cardboard or something else that is far more environmentally friendly.

The Treasury announced in November, and re-announced this spring, a call for evidence on changes to the tax system to reduce single-use plastics, which, as we have heard, worked incredibly well with plastic bags. I would be interested to hear what products will be banned and what products will be subject to a surcharge. There is a fine line between discouraging use—reducing use to a much lower level but still allowing some use—and banning the products altogether.

The Secretary of State for Environment, Food and Rural Affairs, who I am generally happy to support and congratulate on the progress he has made on environmental issues, speaks of making the UK a world leader in resource efficiency, but his Department has a marked lack of enthusiasm for the EU circular economy package, which could be transformative not just in how we deal with waste and resources but in the number of new jobs we create in this innovative sector. Most of the really big decisions seem to have been deferred to the already much-delayed waste and resources strategy.

There are three players when it comes to trying to achieve such systemic change: consumers and the choices they make, which is important; the market and its response to consumer demand or to business opportunities, and we are seeing that happen to an extent; and the state, with its ability to regulate, ban, use fiscal incentives or disincentives, set targets and drive forward change. The Government have something of an ideologically driven weakness for the hands-off, voluntary approach—maybe a bit of education, a bit of a nudge, but basically preferring to leave it to consumers and the market, except for the low-hanging fruit I mentioned.

This issue is simply too important and too urgent for such an approach. We are destroying our precious planet, and the Government need to show significantly more leadership than they have shown so far. For example, their response to our report on coffee cups is quite discouraging. They rejected our recommendation of a 25p latte levy, which we have already heard about, and most of the rest was kicked into the long grass where the waste strategy currently resides. I am glad that the parliamentary authorities have this week shown more ambition with their plastic-free Parliament package, which includes a latte levy. I particularly thank Surfers Against Sewage for its work on plastics; it has been brilliant.

In their response to the EAC report, the Government praised the paper cup alliance, which is really a rather weak collaboration of big coffee chains and manufacturers. Like the right hon. Member for Putney, I have written to the coffee chains. I will not name and shame here, but it was interesting to see which companies responded in a reasonably positive way and which were very dismissive. The paper cup alliance has not even set a target for increasing the proportion of coffee cups that are recycled, and its primary intention seems to be to rebrand “coffee cups” as “paper cups” and to get better recognition of them as recyclable, but we have already heard that, although notionally they are recyclable, only five facilities in the whole UK can separate the thin plastic membrane from the paper outer. There is no point going around telling people that coffee cups can be recycled when, in practice, they cannot. As we have heard, all but 0.25% of coffee cups go to landfill or are incinerated.

There clearly need to be measures to develop alternatives to the current cups, such as Frugalpac—there are a number of alternatives on the market. This shows the limits of voluntary action. The RSPB’s excellent 2015 report, “Using regulation as a last resort?” analysed more than 150 voluntary schemes across a range of sectors and found that common to the majority of them were unambitious targets, a lack of transparency, no enforcement mechanism, and an inability to attract widespread industry participation and compliance. That is what happens when we leave it to the market.

Only recently, the Waste and Resources Action Programme, which the Government have charged with delivering on this agenda, has had to make a tenth of its staff redundant because of funding cuts. We need a level playing field, and we need the Government to regulate and pass laws so there is one. Without that, the best practice businesses, such as Boston Tea Party, a small chain of cafés that sells takeaway coffees in Bristol and has announced that it is banning all single-use coffee cups later this year, will lose out commercially to the environmental laggards.

I wish to highlight several key recommendations from the Environmental Audit Committee that we would like to see in the waste strategy later this year. The first is a post-2020 target recycling rate of 65%. Even the UK’s own estimates have found that that would save almost £10 billion over a decade in waste sector, greenhouse gas and social costs. Last year, I asked the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Suffolk Coastal (Dr Coffey), why the UK’s recycling rate had stagnated and whether the Government were opposing an EU target to recycle 65% of municipal waste by 2035. She would not confirm or deny that, and she blamed everyone but the Government for the UK’s poor performance, particularly local authorities, which we know simply do not have the resources to do this, and consumers.

Secondly, we need manufacturers to pay significantly more towards the recycling of the packaging used for their products. We urgently need a new framework for producer responsibility, which we have heard about. The prevalence of items such as black plastic, Lucozade bottles with plastic sleeves, coffee cups that cannot easily be recycled and Pringles tubes—they are the worst offenders as they are made of five different materials, each of which is notionally recyclable, but as one cannot be detached from the other, this is pointless—all point to the weakness of the current system. The Government used to boast that the UK’s system of producer responsibility was run at the lowest cost to business in the EU, but that comes at a cost to society, as cash-starved local authorities and taxpayers are paying 90% of the cost of collection. That is a complete reversal of the “polluter pays” principle.

Thirdly, I wish to highlight the Committee’s recommendation that the Government phase in a mandated minimum 50% rPET—recycled polyethylene terephthalate —content for the production of new plastic bottles by 2023. That would create a UK market for recycled plastic, which at the moment is struggling against low oil prices, as that makes new plastic cheaper.

In conclusion, I hope that we see from the Government a radical waste strategy that addresses the stagnating rates of recycling; the inefficiencies arising from having so many different recycling collection systems in operation; and the poor state of our recycling infrastructure, which has been deprived of investment because of the illogical PRN system. We could be world leaders in waste management and resource efficiency. Now is the time for the Government to seize the moment and act.

Draft Mandatory Use Of Closed Circuit Television In Slaughterhouses (England) Regulations 2018

Kerry McCarthy Excerpts

Monday 30th April 2018 General Committees

[Kerry McCarthy (Bristol East) (Lab)]

It is a pleasure to see you in the Chair, Mr Hosie. Obviously, I welcome the measure. I have pushed for it for a long time. The fact that the Government have legislated demonstrates their recognition that, as in so many instances, the voluntary approach does not always work to the extent that we would like. As I understand it, all the major supermarkets source meat from slaughterhouses with CCTV, but that is only one end of the market. Supermarkets are concerned about their public reputation and are susceptible to public opinion. There are others, however, that are not so bothered, that go to the smaller slaughterhouses and whose selling practices are far less scrutinised. They do not care about CCTV installation and we are not likely to be able to persuade them to take the voluntary approach. It is only those that are at the top end of the chain that will choose to do that, so it is important that we are resorting to making it mandatory.

Some 900 million farm animals are killed for food each year in this country. People who are aware of my beliefs will know that I do not accept that there is such a thing as humane slaughter, but that does not mean that I do not think that we should not argue for conditions to be as humane as possible, if that is not a contradiction in terms. Animal welfare standards need to be improved, and the food safety element of that is incredibly important. CCTV will go some way towards ensuring that standards are much higher, although as my hon. Friend the Member for Stroud said, unless there is enforcement and scrutiny, with someone watching the CCTV and coming in to check it, it will be meaningless.

There have been several undercover investigations and exposés. Animal Aid and Animal Equality have been mentioned, and I have seen some horrible virtual reality footage of what has happened to pigs in slaughterhouses. The Bureau of Investigative Journalism has also done some very good work. In August 2016, through freedom of information requests, it found that there had been more than 4,000 severe breaches of animal welfare regulations in the previous two years in British slaughterhouses. In fact, there had been 9,500 animal welfare breaches, of which nearly half were category 4, which is the most serious. A single breach can include hundreds of animals, so we are not just talking about 4,500 animals that were treated appallingly; we could be talking about many more. The Bureau of Investigative Journalism highlighted instances of cruelty and neglect, and equipment failure, which can all lead to animals being slaughtered in a horrendous way.

I recently asked a series of parliamentary questions about enforcing current standards and following-up where breaches have been identified. The information I got back was shocking. The Department for Environment, Food and Rural Affairs stated in its answers that out of the 467 slaughterhouses that the FSA has audited since 2010, 65 received one unsatisfactory audit result and another 70 received multiple, successive unsatisfactory audit results. That means that nearly a third of slaughterhouses have failed their audit in some way in the past seven years, but in that time, only four slaughterhouses have had their approval withdrawn: S Bagshaw and Sons and Simply Halal for “welfare abuses”, and the Cleveland Meat Company and Summers Poultry Products for “serious deficiencies in operational hygiene procedure”. That is two approvals withdrawn for animal welfare and two for food safety.

It seems as though no action is being taken against the dozens of slaughterhouses that have received unsatisfactory audit results. They have not had their approval withdrawn, but have been allowed to carry on with business as usual. They need to be forced to make improvements, but the fact that they seem to be able to fail the audit process multiple times without action being taken suggests that failing once would not be a deterrent to them. There seems to be no suggestion that their approval would be suspended until improvements are made.

The FSA says that it will prevent a slaughterhouse from continuing to operate only if there is an imminent risk to public health or if there are serious breaches in animal welfare. Those are obviously low bars to have set, which means that an awful lot of breaches will be allowed to pass without any action being taken. Numerous potential violations would be of concern to the public if they knew about them, whether or not they cared about animal welfare. Most people would also be concerned if food hygiene was not up to scratch, and we have seen many reports about such failings, as my hon. Friend the Member for Stroud said. The 2 Sisters investigation is not just about conditions in slaughterhouses or animal welfare; it is about the way the carcases are treated as they are processed for sale.

DEFRA admitted to me that the receipt of an unsatisfactory audit result determines only the frequency of future audits and unannounced inspections. In other words, if a slaughterhouse fails an audit once, they are more likely to get checked again. As I have said, however, that does not lead to any action being taken. Certainly for weeks, but potentially for months, the slaughterhouse would be allowed to continue operating and putting out meat that has been produced in deficient circumstances.

Installing CCTV in all slaughterhouses will go some way to preventing lapses in hygiene standards and animal welfare abuses, but it partly depends on where the cameras are positioned and, above all, whether there is important action at the end of it. There is still a hands-off, light-touch approach to audits and inspections at the moment, which the Government have constructed. We need to rethink how we monitor food safety and animal welfare standards before another scandal occurs.

I just want to mention one more thing in passing—as we always expect, Brexit rears its ugly head. I am concerned by reports that I have read—last month in The Guardian, for example—about the growth in the number of high-speed slaughterhouses in the US, where 21 pigs a minute are slaughtered. Sixty Members of Congress wrote a letter saying that

“rapid line speeds present some of the greatest risks of inhumane treatment as workers are often pressured to take violent shortcuts to keep up.”

The undercover investigation of the slaughterhouse where so many pigs were being killed said not only that pigs were covered in abscesses and faeces and other fairly disgusting things, but also that there were workers beating, dragging and prodding the pigs towards slaughter, because they had to keep up with that incredibly fast pace. As I have said, I do not particularly subscribe to the idea of humane slaughter, but certainly that is inhumane slaughter, taken to the nth degree. I should hope that with Brexit, as we open our doors to US trade deals, we will stand firm against that.

Finally—the Minister will know that this is something we have discussed in the past—I think 95% of vets in our abattoirs are EU nationals. There is an issue about what happens if we cannot get the vets to operate in abattoirs and inspect them because they are not allowed into the country. I think at the moment most of them will be allowed to stay and get their five years and residency, but what if we do not attract those vets post-Brexit? I think there is a vet training school in Spain that specifically trains vets to work in abattoirs. Vets in this country do not particularly want to work in them, and we can understand why, as their job is about saving animals’ lives. This is an important issue, which goes to the heart of our debate. There is no point in having cameras recording what goes on if we cannot get our house in order in the first place, and then follow up and make sure that the rules are followed.

Oral Answers to Questions

Kerry McCarthy Excerpts

Thursday 8th March 2018 Commons Chamber

[George Eustice]

The Animal Welfare Act 2006 gives courts the power to impose a disqualification order on anyone found guilty of causing unnecessary suffering to animals. That can disqualify someone not only from owning or keeping animals but, crucially, from having any influence over the way in which an animal is kept. If someone is suspected of breaching the terms of a disqualification order, the matter should be reported to the relevant authorities. My hon. Friend will understand that there is a difference if someone has been charged but not yet prosecuted, and I would be happy to meet him to discuss the matter further.

[Kerry McCarthy (Bristol East) (Lab)]

The Minister will be aware of long-standing public health concerns about the routine overuse of antibiotics on UK farms, yet we now hear that such use is five times higher on American farms, particularly for US beef production. What conversations is he having with colleagues in the Department of Health and Social Care to ensure that opening the markets to US beef does not happen, and that we do not have a public health crisis in this country?

[George Eustice]

The hon. Lady makes an important point. We have made good progress in the UK on reducing our use of antibiotics in agriculture. There have been notable successes in the poultry industry, and the pig sector is also making improvements. In our future agricultural policy, we want to support approaches to livestock husbandry that will enable us to reduce the use of antibiotics further and, as I said earlier, we will not compromise our food and animal welfare standards in pursuit of any trade deal.

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[Dr Coffey]

Officials have been in regular touch with the water companies, and on Tuesday, I convened a meeting of water company chief executives, Ofwat and Water UK. As I announced to the House, I have asked Ofwat to undertake a review to look into the practices that happened.

[Kerry McCarthy (Bristol East) (Lab)]

T4. The Command Paper includes the line:“We will adopt a trade approach which promotes… lower prices for consumers”,which I find rather worrying. Is it not the case that food prices are already historically low? Lower prices will not do anything for British farmers. We need good-quality, affordable and healthy food, not a race to the bottom to get ever cheaper food.

[George Eustice]

The point that we are making is that in the long term, there may be opportunities in certain sectors, particularly for food that we are unable to produce in this country, to have lower prices for certain products. However, the hon. Lady makes an important point. Generally, we have low and stable food prices in this country, and countries that are fully dependent on importing all their food tend to have higher prices and less choice.

Draft Waste Enforcement (England and Wales) Regulations 2018

Kerry McCarthy Excerpts

Wednesday 28th February 2018 General Committees

[Dr Drew]

I would argue that we are far too lax in our control of bonfires. I could add a fourth thing that people moan about: people setting fire to their garden waste next door. Given that in many authorities—including mine—there are ways to dispose of garden waste, to me, bonfires are an idle way of dealing with it.

On dioxins and furans, which come out of incineration, my argument is that we are not properly checking that. We are somewhat ignorant about particulates and what they end up doing; they do come down somewhere, because their nature is to reassemble themselves. We are not necessarily talking about incineration here, but I am just using it as an example of why we have to be very careful about what we collect and what we do with it, because in this country we are not very good at deciding what we are doing.

[Kerry McCarthy (Bristol East) (Lab)]

Is not the whole point of having a waste hierarchy that at the top of it is reducing waste from occurring in the first place? Then we try to recycle and reuse. Even anaerobic digestion allows us to produce energy from waste. Incineration is right at the bottom of the pile, before landfill, because it does not make any good use of those precious resources.

[Dr Drew]

I agree entirely with my hon. Friend. Whenever we talk about waste in this place, it is right that we critique what we are doing and ask whether we can do it better. I could go on about how this building operates. I found out through parliamentary questions that we are not that good in how we dispose of our rubbish—out of sight, out of mind. If we cannot get it right in this place, how can we expect the Great British public to take waste more seriously?

I would like the Minister to explain in more detail the difference between what is unlawful and what is undesirable; that may be the argument that is considered when someone is thinking about whether they are responsible for removing certain waste. Take the example of a farmer who has had waste tipped on their land. It has been there some time, because it is difficult to remove. At what stage in the 21 days has it become unlawful? Is the onus entirely on the landowner then to remove it, pay for it and take precautionary measures to stop it from happening again? That is what was discussed in the bit of the meeting that I was in yesterday. We all know from going around the countryside that there are now more fields with boulders at the gates. That is about stopping people from getting access to the fields and, more particularly, stopping people from fly-tipping. That is an ever-present and difficult problem.

--- Later in debate ---

[Kerry McCarthy]

It is a pleasure to serve under your chairmanship, Mr Robertson. I, too, welcome the Government’s taking action on this matter, but I question why it has taken so long to introduce the proposals. The Department for Environment, Food and Rural Affairs conducted a public consultation in 2015 on proposals to tighten regulators’ powers at waste sites, and the vast majority of the respondents agreed with the proposals. One would have thought that that meant that we could move ahead speedily. For some reason—I am not sure why—the Department conducted a restricted stakeholder consultation on this statutory instrument in April 2017, and the results were not published. I understand that of the 113 organisations that responded to the original consultation, only eight replied to the 2017 consultation. Perhaps they felt that they had already had their say and did not need to make a further contribution—or the issue may have been that it was a restricted, four-week consultation over Easter, and they did not have time to reply before the deadline. In the interests of ensuring that we can introduce similar legislation more speedily and efficiently in future, I would be grateful if the Minister could explain why this measure has taken so long to come to the table.

On the broader issue, fly-tipping and waste crime are a growing problem, as the Minister will know from discussions that she has had when appearing before the Environmental Audit Committee, particularly when we were looking at the problem of China enforcing a ban on the substantial amounts of plastic and paper waste that we were previously exporting to them. We were exporting the problem, some people might say, but the simple fact is that we are not equipped in this country; we do not have the infrastructure to recycle our own waste and use it sustainably, whether that be through reuse programmes or anaerobic digestion, ideally, or through, as a last resort, sending it to landfill. We should not be doing that. I think that the Minister now accepts that we need considerably more investment in infrastructure if we are to adhere to the waste hierarchy and deal with our waste sustainably.

Any MP, whether they have a rural or an urban constituency, will be aware of the blight of fly-tipping. In my constituency, under the M32 flyover, we have a significant problem with vans coming off the motorway and dumping refuse, usually from household clearance. One problem is that Bristol, quite rightly, reserves its household recycling centres for the use of Bristol residents, so people have to prove that they are a local council tax payer to use them. People in South Gloucestershire who want to use those sites are basically not allowed to do so, but unscrupulous firms will collect people’s waste under the pretence that they will dispose of it responsibly, and will just come off the motorway and dump it in the street. Although the waste has not been generated by Bristol households, it is the responsibility of Bristol City Council to clean it up. We have persistent complaints from councillors about that. It is a huge cost to the local council. People might say that we could make the recycling centres open to everyone, but why should we pay to dispose of things that South Gloucestershire residents want to get rid of?

Companies are meant to have waste licences to collect waste. There is a real problem with lack of enforcement in respect of those licences. Many companies are not licensed to do the job, but the average householder will not know whether a company is licensed, and will not even think to check whether someone has a licence. The Minister needs to address that.

My hon. Friend the Member for Bristol North West spoke about the fly infestation in Avonmouth. He was not in Parliament in the time, and it is not my constituency, but that certainly caused a lot of concern locally. I think it started with a bale of biofuel, and it spread all across the local area, including to food waste bins. Eventually, the Environment Agency stripped the company in question of permission to operate on the docks. However, that took a long time to highlight. Viridor said at the time that it was

“yet another example of poor practice in RDF export.”

I have already mentioned China’s ban on our sending much of our waste there. I hope that the Minister will look at whether there is a risk that the plastic waste previously sent to China will be diverted to refuse-derived fuel in this country instead. I hope she will assure us that that will not be the case.

Finally, it is one thing to bring in measures—I welcome them—to deal with waste and fly-tipping, but the starting point should be preventing the waste. We heard lots of noise from the Secretary of State for Environment, Food and Rural Affairs about bringing forward a deposit return scheme, for example. In the Budget last year, it hit the front pages that we were consulting on a tax on single-use plastics. So far as I know, the call for evidence on that has still not even been issued, so a consultation that was on the front pages in November has not yet started. What is the delay?

Why can we not get on with being serious about the circular economy in this country, reducing waste and enforcing the waste hierarchy? Perhaps then we would not have so much waste to clear up.

Leaving the EU: Live Farm Animal Exports

Kerry McCarthy Excerpts

Monday 26th February 2018 Westminster Hall

[Steve Double]

My hon. Friend makes a good point, and we should certainly consider that. If, for any reason, our opportunity to make those changes is delayed longer than we would like, some intervention along the way might be appropriate.

Many people agree with the reasonable proposition that animals should be slaughtered as close as possible to where they are raised, and that the carcases should then be exported. We should seek to apply that; it is not only far more efficient, but clearly better for the animals. If we were to do that, there would also be an opportunity to up-sell and to create more jobs in the UK, rather than exporting the value-added part of the process with the live animals. A ban may have an impact on some trade, and we need to accept that.

[Kerry McCarthy (Bristol East) (Lab)]

If the hon. Gentleman accepts, as I think he does, that transporting live animals for long periods in poor conditions is wrong and not good from the point of view of animal welfare standards, what difference does it make whether they are slaughtered at the end, or going for fattening? Surely it is the transit that we ought to look at, regardless of what happens to the animals in the end.

[Steve Double]

From researching the issue and speaking to many people in the industry about it, I think the reality is that when animals are exported for breeding stock or for fattening, they are usually far more cared for, and are transported in far better conditions, because there is a higher value on them, than if they are being exported to be slaughtered. The market, for want of a better word, takes care of that issue. The problem is acute when animals are exported long distances to be slaughtered, because they tend to suffer the worst conditions. I do not think that applies when a higher value is put on the animal being exported.

As I was saying, a ban may have an impact on trade. For instance, our trade in sheep, as opposed to lamb, relies on exports because there is a very limited market for mutton in the UK; some may think that we should look into changing that, but that is the situation. Mutton sheep fetch £70 to £80 a head when sold in the UK, but up to £200 a head when exported live to parts of the EU with higher demand. Even in that example, however, we need to consider whether that additional profit is right, or whether we should do the right thing for the animal, despite the impact on the market. We need to do everything we can to stop the unnecessary suffering of exported animals .

--- Later in debate ---

[Kerry McCarthy (Bristol East) (Lab)]

It is always a pleasure to see you in the Chair, Mr Wilson. I thank the Petitions Committee for allowing today’s debate. As has been said, the petition did not quite reach 100,000 signatures—I think there are about 93,000 at the moment, which is a really good effort—but I am very glad that we decided to have the debate anyway. Like the hon. Member for St Austell and Newquay (Steve Double), I pay tribute to Janet Darlison, the creator of the petition, for all her work in promoting it and for creating the momentum that has brought us here today.

When the Minister comes to speak, I hope that we will have a little more clarity on what exactly the Government’s position is, because at the moment that is lacking. I am certainly none the wiser having heard the introductory speech, but it is up to the Minister to say where he wants to take us. In 2012 I spoke about a ban on live exports, and just last year I supported the ten-minute rule Bill in favour of such a ban, so I am glad that we now seem to be a little closer to a ban becoming a reality. However, I feel that there has been some rowing back on some of the pronouncements that were made during the European Union referendum campaign.

For example, the current Foreign Secretary went down to Ramsgate and I thought that he announced in no uncertain terms that there would be a ban on live exports if we left the EU. I know from the emails I have received that there are people who were persuaded to vote leave simply because of that issue. Perhaps those are the sorts of emails I tend to get from people involved in the animal welfare movement. I tried my best to outline some of the reasons why I thought animal welfare might not benefit from Brexit, particularly if we consider the animal welfare and food safety standards that we might be forced to relinquish as part of a trade deal with the United States. However, many people were adamant and were convinced that a live export ban would be delivered almost overnight if we voted to leave.

It is now being said that such a ban is being considered as one of several options as we leave the EU. As the Minister is here today, I will point out that I asked a similar question about foie gras. At the moment, the production of foie gras is banned in this country, on the grounds that we believe it to be cruel, unnatural and something that we should not tolerate here. The line has always been that imports of foie gras cannot be prohibited, because the dastardly EU would not let us ban them. So one might think that, given we have already established our own moral position on this issue here in the UK, once we are free from the clutches of the EU a ban on imports would be the next step. However, the answer I have just received to my written parliamentary question is:

“Leaving the EU and the single market therefore provides an opportunity to consider whether the UK can adopt a different approach in future”.

To me, that sounds like equivocation taken to the nth degree, and I fear that the same might apply to live exports.

It is also somewhat disingenuous to suggest that such a ban on live exports was always on the Government’s wish list and that it just was not possible to achieve until we left the EU. Ministers who argued during the EU referendum campaign that we would get a live exports ban once we left the EU are members of a party and a Government who in 2012 were instrumental in stopping action at EU level—I think it was being led by Germany—that would have limited the journey time for live animals to below eight hours. In most cases that would have been tantamount to a ban on live exports from the UK. However, the UK went along to those discussions and argued against attempts to limit the hours.

I have raised this issue in a number of debates, including the recent debates on the European Union (Withdrawal) Bill, as it seems to me to be representative of the verbal and policy gymnastics that the Government have undertaken since the EU referendum, and nobody has come back to me and said that the UK did not take that stance. So let nobody be under the false illusion that we could not have taken significant action to limit —perhaps not ban, but limit—live transit times.

[Theresa Villiers (Chipping Barnet) (Con)]

I believe that in 1992 it was a Conservative Government who sought to impose import restrictions, but they were challenged and overturned in the European Court of Justice, so this is something that a Conservative Government have tried to tackle in the past.

[Kerry McCarthy]

I am talking about 2012, which is far more recent than that, and as I said the Government went along to the negotiations and were not prepared to take the side of those who were arguing for an eight- hour limit.

It is important that the Government are held to account on what I see as a promise to end the practice of live animal exports that was made during the referendum campaign. That is because—as the petition rightly states, although I do not think we have heard quite enough about it this afternoon—the transport of live animals, no matter what the end result is, whether they are going for slaughter or for fattening up overseas, causes a huge amount of unnecessary suffering.

It is important not to forget the tragedy that jump-started the long-running campaign for a ban, which happened many years ago. In 1996 nearly 70,000 sheep were left to die either from heatstroke, suffocation, burning or drowning, after the ship that was carrying them caught fire in the middle of the Indian ocean. Although, thankfully, an incident on that scale has not happened again, countless animals continue to endure gruelling journeys every year.

In 2012, 40 sheep had to be euthanised after being crammed into a truck, and just last August it was reported that 500 sheep spent four days without any access to food or water while they were being transported to Turkey. Also, many people here will have seen today’s story in The Times about how every year more than 5,000 calves—unweaned and discarded by the dairy industry—are sent on journeys of more than 135 hours from Scotland to Spain. That number had doubled from the previous year; I think the 5,000 figure is from 2016.

[Zac Goldsmith]

The hon. Lady is making a very good speech and I just want to add one more point. I believe that in the past two years 20,000 calves have been sent to Spain. In Spain there is a requirement that a calf should be given bedding for only the first two weeks of its life and not beyond that, whereas a British calf has the right—if I can put it that way—to have bedding for six months. So the standards in Spain are dramatically lower than those in the UK, which is another reason why this issue is about not only whether an animal is going to be slaughtered, but the conditions in which it is living when it reaches its destination.

--- Later in debate ---

[Kerry McCarthy]

As is often the case—perhaps not on the wider Brexit issue, but on this specific issue— I totally agree with the hon. Gentleman. Actually, that was a point I was going to make later in my speech: there is a big discrepancy between two weeks’ worth of bedding and six months’ worth of bedding. It is certainly something that we have to take into account.

As I was saying, I hope that the Minister can provide some clarity as to whether Scotland would be exempt from any ban on live exports that was introduced by the Department for Environment, Food and Rural Affairs. I understand that that is the case. Fergus Ewing, the Scottish Government’s Cabinet Secretary for the Rural Economy and Connectivity, said this month that Scotland would not participate in such a ban, so I would also be interested to hear from the Scottish National party spokesperson whether the SNP will allow the export of veal calves to continue.

Although the number of live animals exported each year has fallen from millions to tens of thousands, tens of thousands of animals are potentially still enduring cruel, long and painful journeys. Even during routine trips, animals are often exposed to freezing or extremely hot temperatures, with a lack of adequate sustenance, dangerous overcrowding and injuries being common.

One particularly harrowing investigation found that thousands of cattle were being transported via ship, and the unweaned calves were simply being tossed overboard if they became too sickly or died. As was mentioned in The Times story about the veal calves today, with their 135-hour journeys, although there are rules about rest periods, for example on long journeys, that can simply mean that the trucks stop in laybys and the animals continue to be held in very hot and crowded conditions for another hour or so, which for them is really no rest period at all.

The Government continue to proclaim their global leadership in animal welfare and even talk about legislating for higher standards but, as has been touched on, it can be difficult, if not impossible, to enforce standards effectively when it comes to the current live transit. Even the EU, in its 2011 review, admitted that effective enforcement is near impossible. Whenever animals continue to be exported live, there will continue to be suffering and violations of welfare. Unfortunately, the EU review did not come up with any changes to the standards. It seemed almost to accept that cutting corners to save space and money will always be attractive for companies that transport live animals, which will always be to the detriment of the animals involved.

It has been mentioned, not least by the hon. Member for Richmond Park (Zac Goldsmith), that when animals are transported beyond the UK they move beyond the Government’s reach, into countries with much lower standards than ours, and not just far-flung countries but our closest neighbours, including Spain and France, as we have heard. Many UK sheep are sent to France, and a 2016 French National Assembly report concluded that there were serious and widespread welfare problems in French abattoirs. Members might have seen from recent parliamentary questions that I and others have tabled, or from The Guardian’s excellent “Animals farmed” series, that conditions in our own slaughterhouses and food production lines are not always as we might desire, but there is certainly widespread concern about overseas conditions also—we have already mentioned the situation in Spain. The problems are exacerbated by many animals being re-exported even further away, meaning that their re-packing is covered only by the standards of the country acting as the middleman, not by ours. It goes without saying that we cannot assume that after the animals have endured the awful journeys they will be killed quickly or humanely.

If the Government are serious about being known as a world leader in animal welfare, they must put their money where their mouth is and announce their clear commitment to banning the export of live animals, for slaughter or for further fattening. The Labour party has called for that in its recently published animal welfare plan, and for the Government to ensure an exemption for livestock crossing the border on the island of Ireland, with which I think everyone would agree.

[Colin Clark]

I have spoken about livestock moving the significant distances between the islands, from Orkney and Shetland and the islands on the west coast of Scotland. Does the hon. Lady accept that that transport reaches a standard with which she would be comfortable?

[Kerry McCarthy]

I cannot comment on the standard, as I have never looked into it, but I am happy to take the hon. Gentleman’s assurances—he is a fellow member of the Environmental Audit Committee. I was talking about exceptions outside the UK. We accept that live transit would continue to be allowed within the UK, but we also need to ensure that decent standards and proper monitoring are in place. The one exception would be across the land border between Northern Ireland and Ireland; I do not think anyone would argue that that should be subject to an export ban.

[Bill Wiggin (North Herefordshire) (Con)]

Once we leave the EU, we will completely lose control over the welfare standards of any animals that go from the UK into southern Ireland. Does the hon. Lady accept that those animals could continue their journey on to Spain or France?

[Kerry McCarthy]

If the hon. Gentleman wants to argue for not having live exports across the border from the north of Ireland to the Republic of Ireland, he is welcome to do so. This goes to a much wider issue that the Government have not yet managed to address: what do we do about the border between the north and the south once we leave the EU? Many people want it to continue in its current form, but the practicalities of leaving should mean that a hard border is established. That is one for the Government and perhaps not one that we in Westminster Hall can grapple with today, but the fact that we need to address the issue of animals being transported between the north and the south ought not to be used as an excuse for not addressing an export ban outside the British Isles.

[Mr Carmichael]

The difficulty with the hon. Lady’s argument is that we either ban exports or we do not. A ban is a ban, and she is arguing for a ban that is not a ban. As the hon. Member for North Herefordshire (Bill Wiggin) says, once animals are in southern Ireland they can be exported anywhere.

--- Later in debate ---

[Kerry McCarthy]

If the right hon. Gentleman is arguing that we need a hard border with Ireland, which will then prevent us from implementing anything else we would desire to see in the relationship between the north and the south, he may do so, but I think we must consider that relationship a special case. We need to look at how many animals would go on in transit. The Minister perhaps can enlighten us on that, but I suspect that it is not a significant number.

I conclude by talking about something the Minister needs to advise us on, and that is World Trade Organisation agreements. Colleagues will be aware that under WTO agreements countries cannot, under normal circumstances, discriminate between trading partners. The principle is known as most favoured nation treatment, and in practice it means that the UK could not allow for the live export of animals to the Republic of Ireland while excluding the rest of the EU. Therefore, it is wholly possible that a ban on live animal exports could contravene WTO rules—a view shared by the Royal Society for the Prevention of Cruelty to Animals, among others. Any WTO member can challenge another member on its trade policy, which could then be ruled as breaching the organisation’s rules.

However, as a member of the EU, the UK is already party to several trade bans that have never been challenged at the WTO, including the import ban on cosmetics tested on animals and the ban on fur produced from cats and dogs. When the Government consider their future options, they can look at the 2009 EU seal import ban as an example of how to pass the WTO test. I hope that the Minister can explain how he feels we will pass that test if we introduce at least a partial ban on exports.

Finally, I understand that the Command Paper for the Agriculture Bill might be published tomorrow—the Minister might like to enlighten us on that. It presents a perfect opportunity to introduce proposals to ensure that a ban comes into force as soon as possible after the UK leaves the EU. Both before and after leaving, the Government should push the European institutions and member states to strive for greater co-operation. I do not want us just to walk away from the problem. It is one thing to say, “When we leave the EU we can make our own rules; we can have standards that are truly excellent—gold-plated.” I do not want us to walk away from the EU, full stop. I would like us to remain a member and be able to influence animal welfare standards across the continent, but even if we cannot, we still need to use what influence we have and what trade discussions we are having to try to ensure that those standards that are not what we would like to see, in France and Spain and further afield, are improved.

We have an opportunity to improve animal welfare. I said at the start of my speech that Brexit offers very few opportunities, but if we are to leave the EU I hope that the Minister seizes this one and does something to ensure the better welfare of animals for years to come.

--- Later in debate ---

[Bill Wiggin (North Herefordshire) (Con)]

I am pleased to follow my hon. Friend the Member for Southend West (Sir David Amess), who I think is wrong about rural as opposed to urban communities. We have only to listen to the RSPCA to hear about unspeakable acts of vicious cruelty that take place against domestic animals in our urban areas to know that cruelty is not divided by region, people or nations, but by wickedness in individuals. It is absolutely the road to hell to ban things because we do not like the proper process that should be followed. I am particularly passionate about this because my amendment to the Animal Welfare Act 2006 would have seen the sentence for cruelty increased, but it was voted down by the Labour Government who took the credit for the Bill.

I thank my hon. Friend the Member for Southend West for revealing my fondness for tropical fish, although I am not sure that they are completely relevant in this debate as they tend to be flown in from Singapore on very long journeys. However, the problem with a ban is that we are all here because we want to see less bad treatment and better treatment of animals in transit, irrespective of where they are coming from or going to and irrespective of whether they are for slaughter or for breeding stock.

I had to pass exams to be allowed to transport my animals. It is wrong to say that there are not rules on what we are allowed to do. There is an eight-hour limit. We have to have tests and we can drive our animals only within 65 km of where we live without any regulation whatsoever. So what the hon. Member for Bristol East (Kerry McCarthy) said is wrong. She should look it up on the DEFRA website

[Kerry McCarthy]

The hon. Gentleman has just said that I said there were not any rules, but I said nothing of the sort. I accepted that there are rules in place, but I said that they are not being adhered to. For example, calves being held in a truck in a lay-by technically counts as a rest period, but most of us would agree that is not much of a relief for them. I did not say that there were not any rules.

[Bill Wiggin]

I thought the hon. Lady said that we tried to object to the eight-hour limit in the European Union.

[Kerry McCarthy]

That is an overall limit.

[Bill Wiggin]

I have given the matter a great deal of thought and it occurs to me that we should not ban live exports. If we do that, we will lose control through the Irish border and the animals whose welfare we seek to improve could end up travelling from southern Ireland to Spain or France on journeys that are considerably longer than they need to be. We need to improve the standards of transport within the United Kingdom, and when they arrive in Kent ready to cross the channel they must be properly inspected by vets. That means there needs to be lairage and unloading of the animals, and they need to be checked. Then they should be loaded into approved-only transporters. There are penalties for any suffering that happens on the journeys, but at the moment there is not an owner.

The lorry driver is not the owner of the animals in the back, so if a sheep’s leg is sticking out of the back of the truck, nobody suffers financially for that. If one of the animals is found to be suffering when they are unloaded, it gets put down and then there is a penalty, because that life is lost and that animal is no longer fit for human consumption. The whole purpose of its export has been taken away. That is the penalty that hangs over all livestock producers all the time. If someone is found to have put the wrong medicines in their animal, it is condemned. That is how we deal with and enforce rules.

If we have proper policing all the way along the transport route, it is perfectly reasonable to continue to send animals 22 miles over the seas as opposed to thousands of miles around the edge.

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[Craig Mackinlay (South Thanet) (Con)]

It is a pleasure to serve under your chairmanship, Mr Wilson. I would hazard a guess that, unusually, this afternoon’s petition is probably supported by the vast majority of UK citizens. I noted that one of the areas with the greatest density of replies, as we can see from the information published by the House, was South Thanet, and for good reason. Part of South Thanet has been mentioned in the debate: the very small commercial port of Ramsgate, which is part of my constituency. It has the very dubious honour, which I want to get rid of as soon as possible, of being the only UK port through which lamb and sheep are transported across an international sea border for slaughter abroad.

If the inappropriate means of transport across the channel—up to three hours on a small, ageing Russian tank transporter called the Joline, which plied the Volga river in a previous incarnation and is now Latvian-flagged—is not bad enough, we should also be concerned about the long journey times within the UK. The sheep and lambs are often from Cumbria, meaning an eight to 10 hour trip to Kent. The onward journey, after three hours travelling across the channel, could be to somewhere as far as Germany, which would take another eight hours or more, after which they are slaughtered. We are talking about a transport time—without mentioning the problems that we have already heard about regarding veal—for lambs of 24 hours in total. Although exports through Ramsgate can be at any time of year—in winter cold or summer heat—peaks are often seen to coincide with religious festivals, notably Eid, following the end of Ramadan.

The issue of animal exports out of Ramsgate gained national focus because of a truly appalling fiasco on 12 September 2012, as has been mentioned this afternoon. A single lorry carrying more than 500 sheep was declared unfit to travel. Temporary holding pens were set up, as no official lairage was available at the port. Some 43 sheep had to be euthanised due to injury, six fell into the water, and two drowned. Breaches of animal welfare regulations were found, and appropriate fines and a suspended prison sentence were levied against the director of the transport company. Thereafter, Thanet District Council unilaterally suspended the trade through the municipally owned and run port. However, following an injunction by the shippers, the trade was forced to resume again the next month, in late October 2012.

A petition was presented to Parliament in January 2013 by the then MP Laura Sandys, calling for the permanent suspension of live exports through the port. Things then became truly weird, with protracted legal action by the shippers—action that concluded in February 2014, resulting in a claim of more than £4 million in compensation against the local council. It is a small council, so local taxpayers had to bear that cost. Live animal exports could not be prevented in what was a very telling judgment for two reasons. First, section 33 of the Harbours, Docks and Piers Clauses Act 1847 allows, in simple terms, free access to goods traffic from any UK port—an historical law that was more appropriate, I would argue, in the age of sail and steam, when navigation was more hazardous. For that reason, I sought to introduce a fairly simple amendment to the old Act via a ten-minute rule Bill in May 2016. My Bill would have allowed municipally owned and controlled ports the discretion to ban the trade. In Ramsgate, it is certainly not a trade that people want through the port, which they own.

In some ways, that Bill was a little bit of devilment, because even if it had passed at that time, it would have been deemed not in accordance with single market rules on the functioning of the EU. That was clearly highlighted in the second part of the High Court judgment, which stated that in any event, notwithstanding the 1847 Act, EU law governing the function of the single market would prevent restrictions of animal exports. I note what the hon. Member for Bristol East (Kerry McCarthy) said, but the EU interprets animals as mere “goods”. EU rules still allow the production of foie gras, the existence of veal crates, bullfighting and everything else. I do not think that EU standards are the gold plate that many people see them as.

It was encouraging to see, a couple of weeks ago—and somewhat late in the day, I might add—the Labour party publish its proposals for animal welfare. I warmly welcomed them, but they largely mirrored what we on the Conservative Benches are doing and have been talking about for some time. The Leader of the Opposition spoke today about maintaining membership of “a” or “the” customs union, and maintaining rules and standards very much in alignment with those of the EU, so that we end up in some perpetual membership of the single market. I am afraid that that was where the credibility of Labour’s position on animal welfare somewhat fell to bits in my mind. An independent country would be able to introduce the welfare standards it feels are right, but single market rules have thus far failed us on animal and farming standards.

Just a month ago, I held an event on the parliamentary estate—just next door—with representatives of key animal welfare groups, many of whom are here, and a diverse range of celebrities, including Joanna Lumley, Frederick Forsyth, Sir Ranulph Fiennes, Selina Scott and Jan Leeming. I was pleased to be supported by Conservative colleagues, but there was also support from Members of the Scottish National party—I was grateful that they were at the event. Sadly, not one Labour Member came, and I am somewhat intrigued about that. I am also somewhat intrigued about the fact that the Labour Benches are virtually devoid this afternoon.

[Kerry McCarthy]

Will the hon. Gentleman give way?

[Craig Mackinlay]

Of course—I am surprised that the hon. Lady has waited so long.

[Kerry McCarthy]

I did get an invite to that event— I think I was actually speaking at something else that afternoon—but I thought I had been sent it accidentally, because I thought it was Conservative animal welfare event, especially given some of the names that were mentioned. I did not go because I thought I had somehow accidentally got on to the hon. Gentleman’s mailing list, but he should not assume from that any lack of support for the cause.

[Craig Mackinlay]

I am sorry if there was anything in the invitation that put the hon. Lady off, but it was very much open to all, and some other parties took up the offer.

We live in changed times. We voted to leave the European Union, which means leaving the customs union and the single market and no longer being bound by the EU’s acquis in areas where we wish to diverge. That gives me great hope. We have the opportunity to advance new international trade deals, and for the first time in a generation we are free once more to do what is right and what the people of this country demand. That very much comes under the banner of taking back control, which means taking back control of animal welfare and farming standards.

I and other Members have mentioned the encouraging words in the Conservative party manifesto by the Secretary of State for Environment, Food and Rural Affairs and other agriculture Ministers. I fully supported the Live Animal Exports (Prohibitions) Bill proposed by my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), and I pay tribute to the 94,000 people across the country who signed this petition. I feel that they will share my view that, post Brexit, we can have a renaissance of animal welfare standards, alongside our commitments to introduce CCTV in abattoirs and increase sentences for those who abuse animals.

I fully appreciate farmers’ concerns about the potential for increased costs, which were ably set out by my hon. Friend the Member for North Herefordshire (Bill Wiggin). He must feel like he is in “12 Angry Men”—one of my favourite films—but I am not sure he is going to win today. The increased costs resulting from the application of the standards that my hon. Friend ably set out may stop this trade in its tracks. The profit from the difference between the farm-gate cost and the price that the farmer receives when the animals are delivered to the market abroad will no longer be realised.

--- Later in debate ---

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

I congratulate my hon. Friend the Member for St Austell and Newquay (Steve Double) on opening the debate, and thank him for giving us such a comprehensive introduction to an issue that is important to the public. As he says, more than 93,000 people have signed the petition. I too congratulate Janet Darlison and others, who put the petition together and secured the debate.

It is unsurprising that a petition calling for legislation to ban the export of live farm animals in favour of a carcase-only trade has received nearly 93,000 signatures. This issue has been the subject of a long-standing campaign by animal welfare organisations, but as most people who have followed the issue know, and as my hon. Friend acknowledged, European Union free trade rules have prevented the Government from taking meaningful action on this over the past 30 years. However, once we leave the European Union, we will be able to take action on what for many people is an iconic animal welfare issue.

While EU trade rules might have prevented Governments from banning the live export trade, we have still seen a dramatic change in the numbers of live animals exported, particularly those destined for slaughter. Some 25 years ago, around 2 million animals were exported each and every year. The peak of live exports going from the UK for slaughter was in 1992, when a total of around 400,000 cattle, 300,000 pigs and nearly 1.5 million sheep were exported from the UK directly for slaughter.

As a result of the high number of animals being exported, live export became extremely controversial, with widespread demonstrations against it at the main ports during the 1990s. Port authorities and shipping companies were put under considerable pressure to end the trade, which led to nearly all the main ferry operators refusing to take animals destined for slaughter.

In 2017, about 21,000 farm animals were exported for fattening and production, and a further 5,000 were transported directly for slaughter from Great Britain. That was a decrease on the 2016 export figures, when about 50,000 farm animals were exported for fattening and production, and around 5,200 were transported directly for slaughter from Great Britain. To put that in the context of our national production, approximately 14 million sheep were slaughtered in the UK in the same period. The reality is that the live export for slaughter of sheep, in particular, is today a very small part of the overall UK sheep trade.

Some of those exported animals will have been transported on the MV Joline, which has sailed between Ramsgate and Calais since 2010, carrying vehicles that mostly transport sheep to Europe for slaughter or further fattening. Those sheep, after travelling to Ramsgate, spend up to six hours at sea on the MV Joline. That is followed by a further journey, often of around eight hours, before reaching their destination in France, the Netherlands, Belgium or Germany. Many people find putting animals through such long journeys, only for them to be slaughtered at the destination, indefensible.

The Government would prefer to see animals slaughtered as near as possible to their point of production, as a trade in meat on the hook is preferable to a trade based on the transport of live animals, as my hon. Friend the Member for North Thanet (Sir Roger Gale) pointed out. The Government are committed to improving the welfare of all animals, and share both British farmers’ and the British public’s high regard for animal welfare. We are proud to have some of the highest animal welfare standards in the world, and have continued to lead the way in raising the bar on welfare standards. For example, as a number of hon. Members pointed out, we recently introduced legislation to make CCTV mandatory in all slaughterhouses.

As we move forwards to a new relationship with Europe and the rest of the world, we have a unique opportunity to shape future animal welfare policy and ensure the highest standards in every area, including the welfare of animals in transport. To that end, we committed in our manifesto to taking early steps to control the export of live farm animals for slaughter as we leave the EU. We are considering all the options on how best to achieve that commitment, and today’s debate has been helpful in demonstrating the various issues that any new policy will need to take into account.

Over the years, various scientific and veterinary reports have been written on the needs of animals during transport. A 2011 report by the European Food Safety Authority, EFSA, made certain recommendations to improve the welfare of animals in transport—recommendations that have not been adopted by the European Union. It is clear from reading the EFSA opinion that the requirements of different species before and during transport are significantly different. For example, studies confirm that heat stress can present a major threat to cattle welfare, while scientific evidence shows that if adult cattle are transported on journeys longer than 29 hours, fatigue and aggressiveness increase, and that cattle should be offered water during rest periods during journeys. There has also been some evidence that sheep and goats can suffer seasickness.

That 2011 report made a number of recommendations, including that the maximum journey time for horses be 12 hours, that journey times for calves be reduced and that pigs be transported in familiar groups, since they are social animals. In 2016, the UK supported Sweden in calling on the European Commission to look again at the regulations governing welfare in transport. It is disappointing that no progress has been made on this in Europe beyond the publication of good practice guides.

We are aware that there is also a significant amount of evidence and scientific research into the welfare of animals during transport, some of which was published after the current legislation came into force. We have therefore commissioned the Roslin Institute in Edinburgh to carry out a research project to look at the existing evidence base, and to highlight the key research that we need to be aware of, to ensure that any future measures we consider are based on the most up-to-date evidence.

I turn to the contributions from other hon. Members. I am very much aware that there were a number of contributions by hon. Members who have been long-standing campaigners on this issue, including my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), who recently presented a ten-minute rule Bill on the issue, and my hon. Friends the Members for Southend West (Sir David Amess), for South Thanet (Craig Mackinlay) and for North Thanet (Sir Roger Gale).

I will address an issue raised by the right hon. Member for Orkney and Shetland (Mr Carmichael). We recognise that particular island communities may have special circumstances that we must take into account; at the other end of the country, where I come from, a similar issue pertains to the Isles of Scilly. I had the honour of visiting the right hon. Gentleman’s constituency some years ago; in fact, I visited what I think is Shetland’s one and only abattoir. It prided itself on its attention to detail when it came to animal welfare. I think I am right in saying that there is no similar facility on Orkney, and that most of the animals there are transported. That is something that we are aware of and must obviously take account of.

I completely accept that the hon. Member for Bristol East (Kerry McCarthy) is sincere on this issue; she has a long-standing track record of campaigning on many issues. However, she sought to suggest that there might be a lack of commitment from the Government, or that we were backsliding. Let me be very clear: people like me who campaigned to leave the EU explained that EU law prevented us from taking action in this area. That is true. I went down to Ramsgate and met people and explained that EU law is the obstacle. After the referendum result, the Conservative party put in its manifesto a commitment to control the export of animals for slaughter when the UK leaves the European Union. As I have just pointed out, we are now giving consideration to how we will take that forward. We have been consistent throughout.

The hon. Lady should look at her party’s position on this. A few weeks ago, the Opposition introduced—with great fanfare—a package of measures on animal welfare, but just a week later adopted a position on the European single market and European customs union that would basically make many of the things they set out in that welfare manifesto unlawful under EU law.

[Kerry McCarthy]

I am grateful that the Minister has allowed me to intervene, because that point was also made earlier. I think he is referring to the Leader of the Opposition’s speech today. It set out our position on remaining in the customs union. It does not say the same thing about the single market. Hon. Members who spoke earlier rather conflated the two. They are very different positions.

[George Eustice]

We hear of all sorts of different positions on this issue from the Opposition at the moment. I simply say that EU free movement rules, which enshrine an open ports policy, govern this. Whether it is because of the customs union or single market legislation, the hon. Lady will find that taking action in this area will not be possible if the kind of approach that her party would like is adopted.

The hon. Lady made a legitimate point about WTO rules, but as she pointed out, there is clear WTO case law that enables Governments to ban certain trades on ethical grounds—including in a case on seal furs—as she highlighted. That issue was also looked at quite extensively in the judgment in the case of Barco de Vapor v. Thanet District Council, in relation to the contentious issue that my hon. Friend the Member for South Thanet pointed out. That judgment made it clear that were it not for EU regulation and EU laws in this area on trade, it would be possible for a UK Government to amend the Harbours, Docks and Piers Clauses Act 1847 to introduce an ethical ban, should they want to. EU law is the obstacle to taking action in this space.

The hon. Member for Bristol East talked about the forthcoming Command Paper on agriculture and speculated about the timing of that. I will not get into speculation about timing, except to say that we have been working very hard on these issues. I have also been very clear—I have championed this since becoming the Minister responsible for farming—that I want there to be a strong animal welfare dimension to that agriculture paper. It will look predominantly at the type of framework that we would put in place to replace the common agricultural policy, but we have already been clear that we want to look at the idea of incentives to support high animal welfare systems of production.

The hon. Lady mentioned Scotland. We are working with the devolved Administrations to try to put forward a UK approach to this issue. As she highlighted and as we heard today, there is some scepticism from the Scottish Government and Scottish industry, which we recognise. To answer the specific question, it is possible—because this is essentially trade regulation—to put in place UK-wide regulations, but under the Sewel convention, there is an expectation that we will consult the devolved Administrations, and that is what we are doing.

I turn to some of the other contributions made by hon. Members. My hon. Friend the Member for Southend West, as I said, has been a long-standing and passionate advocate on this issue. I welcome all his positive comments about the steps that we have been taking in this regard.

My hon. Friend the Member for North Herefordshire (Bill Wiggin) introduced into the debate some very important notes of caution. The Government are clear about our position: we want to control the export of live animals for slaughter. It is sometimes very difficult in contentious debates such as this for people such as him to come in and take a contrarian position when there is a lot of emotion around. I understand that, but I think it very important, if we want to get the legislation right, that we take account of some of those complications.

My hon. Friend pointed out that there are already a lot of inspections of transport operators. That is true. We do not inspect at the point of entry at the port, or the point of departure at the port. Basically, we do not universally inspect; we do not inspect every consignment, and there is good reason for that. The terrible and unfortunate episode that took place in Ramsgate in 2012 showed the difficulties and dangers of trying to unload sheep in a port situation and trying to correct a position there. That is why, in the case of sheep destined for the MV Joline, we do have 100% inspections, on every consignment, at the point of loading, but not at the port; we do risk surveillance at the port. For other operators, we tend to have a risk-based approach, but there is 100% inspection, at the point of loading, for the MV Joline.

Leaving the EU: Chemicals Regulation

Kerry McCarthy Excerpts

Thursday 1st February 2018 Westminster Hall

[Mary Creagh]

I certainly do, and that was the route recommended in the report. The report was slightly curtailed—we had to rush it out in a form that was not as fine and detailed as we would have liked because of the early calling of the general election—but we were clear that that was the most pragmatic and cheapest route.

The looming deadline raises the threat of market freeze. If a small company decides not to register and just to run down its chemical feedstocks, when a big multinational manufacturer comes to apply that coating to whichever tiny aircraft engine part or car part requires it, the supplier—in some cases they are unique suppliers—might say, “We’ve run out of that stuff now.” We could see market freeze in the automotive and aerospace supply chains long before we leave the EU, because of that deadline and the lack of certainty about what will happen.

Leaving REACH puts at risk our trade in chemicals. The European Chemicals Agency has said that without an agreement to the contrary, all UK registrations will be invalid after exit day. Therefore, the jobs of my hon. Friend’s constituents and investment in their companies will all be put at risk. I will come on to talk about the threat from double regulation.

Secondly, the inquiry found that the chemicals regulation framework established by the EU through REACH would be difficult and—critically—expensive to transpose into UK law. It is not just a list of rules or restricted substances but a governance mechanism; it is an entire working body of parts. It involves data sharing and co-operation. For the UK to establish a duplicate system of chemicals regulation, as the Minister proposed when she gave evidence to us, will be expensive for us—the taxpayer—or the industry, or both.

Thirdly, after Brexit, REACH could become zombie legislation, which is no longer monitored, updated or enforced. When we debated the European Union (Withdrawal) Bill, I tabled new clause 61 to try to remedy that by ensuring that we remained part of REACH. However, it is part of the difficult third of EU environmental legislation that cannot be neatly cut and pasted into UK law through that Bill. The Minister in response said that the REACH regulation is directly applicable, but that is essentially meaningless without the chemicals agency to govern and regulate it. We will end up having zombie legislation, duplicating regulation and potentially diverging from the EU, which could also be a bad thing for British business.

[Kerry McCarthy (Bristol East) (Lab)]

My hon. Friend did an excellent job on this report and is doing an excellent job of leading the debate. Does she share my concern that when the Department for Environment, Food and Rural Affairs gave evidence to the Committee, it seemed to have only just started conversations with the chemicals industry about all these issues and how complicated they would be? It was almost on a learning exercise—doing its homework—long after article 50 had been triggered.

[Mary Creagh]

I did notice that. I went over the road to read the impact assessments that were not impact assessments, and it was good to read a secret document on the chemicals sector that quoted our Committee’s report heavily. There was some good analysis in there, but I was grateful to see that however thin our report was, the civil servants involved had looked at the evidence we had taken. It was certainly a very useful exercise.

The Government’s response to our report was pretty thin gruel—a couple of pages, and quite dismissive. That reflects what my hon. Friend says about the Government making it up as they go along. They are knitting their own policy as they go. There is nothing wrong with knitting, but we do not want something that ends up full of holes.

We put out the response because we wanted to see what the industry would do. It is fair to say that last year, when we were doing the report, the industry was perhaps more concerned about the impact of tariff barriers than it was about regulatory barriers. It was happy to give Government the benefit of the doubt, to believe what it was hearing and to accept reassurances, but as the exit day deadline heaves into view, that belief has been replaced by thorough scepticism and in some cases downright fear, particularly about the impact of a hard Brexit.

We put the Government’s response up on our Committee’s website and invited comments. The Chemical Business Association said,

“the Government Response to the EAC’s Report fails to…recognise the unique nature of the regulatory issues facing the chemical industry”.

Breast Cancer UK said,

“the Government’s response to EAC’s report is woefully inadequate. It fails to provide even an outline of how the Government will manage chemicals regulation post-Brexit.”

EEF, the manufacturers’ organisation, said:

“The degree of uncertainty in this area is causing concern not just in the chemicals industry but also very much among downstream manufacturing industries which are reliant on a wide range of substances and chemical formulations.”

That is why 20% of the 126 companies represented by the Chemical Business Association were looking at moving to the EU. We had that evidence almost a year ago, and it would be interesting to know how many of them have established presences in Dublin, Paris or Frankfurt.

On a recent visit in my Wakefield constituency I went to a bed manufacturer, Global Components. It is in Ossett, in what used to be called the heavy woollen district—the Dewsbury part of my constituency. I was not expecting to hear about Brexit, but the company told me that 90% of its products are imports, so it has been hit by the fall in the value of the pound. It is finding it harder to recruit new staff and has delayed a major investment as a result of uncertainties over Brexit. Crucially, the foam it uses in its mattresses comes from a German supplier, and the price of that foam has risen by 30% since the referendum. Global Components is having great difficulty passing those costs on to its consumers.

The European Chemicals Agency has been very clear that without an agreement to the contrary, all UK company registrations will be invalid after exit day. No REACH means no licences. No licences means no market access. No market access means no trade. It is that simple. As one senior executive said to me, on condition that I did not say his name or his company,

“Brexit is a business-killing issue.”

If we leave the single market and the customs union, businesses will no longer have access to the database they helped to fund and build. UK science, testing, ingenuity, innovation and creativity helped to build the database. UK scientists are present in Helsinki. We helped to build the database, but now we are ripping ourselves out of it and we will no longer have the detailed safety information on all the chemicals that are handled and produced. Obviously, that is of great concern to my own trade union, the GMB, which represents workers in what can often be hazardous industries.

What choice is left to our constituents and companies? UK companies that want to continue to trade must set up what is called an only representative in the EU to re-register with REACH the registrations they used to have. That is absolutely absurd, and it is duplication. If those companies want to stay registered, they must set up somebody in a European Union member state and pay twice for something they have already bought. That is the height of absurdity. It is a huge duplication of costs, and it risks making UK chemicals and manufacturing uncompetitive. Companies could ask the importer to register themselves, but why would they do that? Why would they take on the cost and documentation? They will just switch to an alternative supplier, and that will be bad for British jobs, British growth and British businesses.

--- Later in debate ---

[Kerry McCarthy (Bristol East) (Lab)]

It is a pleasure to see you in the Chair, Mr Evans. I congratulate my hon. Friend the Member for Wakefield (Mary Creagh) on her brilliant job chairing this inquiry. When we first started taking evidence, I thought, “How on earth are we ever going to get our heads around such a complex subject?” I have to confess that I might have got 50% of the way there, but I am pretty sure that she got 100% of the way there and it is a credit to her. I think we saw that in her speech.

It is unusual that both environmental NGOs and the chemicals industry think that the structure of REACH is about right. It is one of the most sophisticated chemicals regulations systems in the world, and if the Government are planning to leave its protective framework—I do not think they should—they need to clarify as a matter of urgency what will replace it. Not doing so is not fair on the industry. If the Government do not get on with the job, we are going to be left in limbo.

As my hon. Friend said, when we talk about chemicals, we are talking not just about things that are obviously chemicals—the sorts of things you keep under the sink, such as bleach or cleaning sprays—but the chemicals that are present in every product and activity. Chemicals are in car engines, in the paint on cars and in our carpets; I had never thought that carpet dye was a chemical. We are exposed to countless chemicals in every facet of our lives, and they are all controlled by REACH. They are all part of the system. It should therefore be of the highest priority to ensure that chemicals continue to be properly managed after we leave the EU, not least because of the potential harm that improperly regulated chemicals can cause to the environment, and human and animal health. There is another debate to be had about chemical use in the developing world, for example, where things happen that we would not tolerate here, but that is a question for another day.

Everyone has heard of the American case made famous by the film “Erin Brockovich”, in which 370 million gallons of chromium-tainted water leaked into the local water supply and dramatically increased the levels of cancer in residents. More recently, in 2008, tributyltin—a paint used to cover the hulls of boats—was outlawed in Europe after it was found to be extremely toxic to both humans and the marine environment, with the World Health Organisation reporting a 20% to 40% increase in the risk of certain types of cancer after regular contact with the substance. That shows us the importance of regulation and vigilance.

[Mary Creagh]

I thank my hon. Friend for her speech, and for the brilliant contribution she makes to the Committee. I am sure she was far more than 50% of the way there in this inquiry. If she did not feel that way, she certainly did not let on. I know that the inquiry was difficult. Does she agree that information sharing and knowledge sharing are a really important part of the REACH regime? This stuff is all around us and the evidence only builds up gradually, in bits and pieces, because we do not conduct controlled experiments on ourselves to see what gives us cancer—that would be unethical. The information emerges over time, and we are often ignorant of the damage that a chemical is doing to our body. When that gets out, there is always a vested interest that does not want it to be banned, changed or removed. That is why REACH is the global gold standard.

[Kerry McCarthy]

That is absolutely right. I do not think I need to add anything to that. My hon. Friend has told us, in a nutshell, why it is so important to be vigilant and on top of things—almost ahead of the game—in terms of what is being brought on to the market. If we are not, there could be quite devastating consequences that we might not discover for years. New chemicals are being manufactured continually, so we cannot rest on our laurels.

It is impossible to know what chemical regulation will look like in the future, so to transpose current standards without supplying the surrounding infrastructure would be an approach that was totally unfit for purpose. It is not a case of bringing in a law and then putting it into operation in the UK, as has been said—such a law would be out of date almost immediately. As we have heard, the infrastructure that is required to regulate chemicals is extensive. REACH manages tens of thousands of chemicals, with an estimated 140,000 chemicals present in the EU market, and 33 new chemicals are awaiting evaluation.

When we were in the United States, we discussed the time-lag—how long approval can take. I think the US system has been improved now, but, at one point, if a chemical had not been assessed and approved within, I think, six months, it automatically got approval by default. That seems a dreadful way of going about things, and I think that the US has introduced new legislation on the matter fairly recently. We want an efficient and speedy but absolutely thorough system that can get these new chemicals on the market or reject them as required.

The UK has the second largest number of REACH registrations in the EU. It is important to remember that REACH is a relatively new creation; it did not come into existence overnight. It came into force in 2007, after many years of preparation, and there are 600 people working on it at the European Chemicals Agency. There is a suggestion that we could create a British REACH. There was some laughter in the Environmental Audit Committee when the Minister coined the acronym BREACH, because it is probably not the best name for our own chemicals regulator. If we were to create BREACH, it would be impossible and absolutely foolish to try to replicate the work of REACH, when there are 600 people already working on it and we could seek to be part of it. Trying to duplicate that work would require the investment of a huge amount of time, resources and expertise.

We know that DEFRA has suffered from budget and staffing cuts over recent spending reviews. It has so many competing priorities—it seems to be about to release a new plan or strategy every other week—so I do not see how it could take on this task as well. We cannot match the pooled resources of all the EU member states. If we try to operate with a reduced capacity and a pared-down scheme for regulating and managing chemicals, the negative impact on the environment could be huge.

Hundreds of chemicals are classified as toxic to marine life under EU harmonised classification. That includes 1,045 chemicals that are classified as very toxic to aquatic life, 933 chemicals that are classified as very toxic to aquatic life with long-lasting effects and 405 chemicals that are classified as harmful with long-lasting effects. I use the marine environment as an example because, as people will know, it is a passion of mine. The organisation Blueprint for Water estimates that, even with the stringent regulation that is in place at the moment, at least 27% of total ecosystem losses are due to chemical pollution. Reduced capacity could further expose humans and animals to numerous cancers, disrupted reproduction, immune dysfunction, DNA damage and deformities, to name just a few concerns.

There is also the problem of persistent pollutants, called bioaccumulators, which build up inside cells or environments over time, meaning that humans, animals and the natural world are still exposed to them today. The negative impacts are felt only when a certain threshold of accumulation is passed, and that could be many years after their use begins. Bioaccumulation often occurs through food chains, with those at the top suffering from the worst exposure—in most cases, humans are at the top of the food chain. Polychlorinated biphenyls, which were once widely used in electrical products, paper and flame-resistant coatings, are a prime example. It took many decades, pre-REACH, for a ban to be finally implemented, and during that time people were regularly exposed to dangerous carcinogens. Surely, it is better to take a pragmatic approach and attempt to stay in REACH. Although it is not perfect, it has, as I said at the start of my speech, the support of both sides of the equation: the vested interests in the chemical industry, and those who seek to protect the environment, humans and animal welfare.

REACH is being constantly updated, and it has had 38 amendments since its creation. UK companies would have to continue to comply with REACH if they wanted to continue to trade with the continent. As we have heard, even if only a small component of a product—with a car, for example, it could be the paint, the seats or any of 101 different elements—is manufactured in the UK, that small part may well have to comply with REACH. The UK Chemicals Stakeholder Forum recorded that there was a

“clear consensus that businesses did not want to see a weakening of environmental standards”,

and that the industry wants to maintain access to REACH after we leave the EU.

REACH is also closely connected with the EU’s classification, labelling and packaging legislation, as well as the more general EU health, safety and environmental legislation. Just as “chemicals” includes a wide variety of substances, so too does the body of regulation that is required to adequately govern them. If we leave REACH, it is not just a case of replacing it; the UK would need to offer up a substitute for EU regulations, including the sustainable use of pesticides directive, the biocidal products regulation, the industrial emissions directive, the bathing water directive, the drinking water directive and the urban waste water treatment directive, to name just a few. They are all interconnected.

The UK has signed up to a number of sustainable development goals that bind us to regulate chemicals properly and not to support a drop in standards. They include ensuring that by 2020 we use and produce chemicals in ways that do not lead to significant adverse effects on human health and the environment; and, by 2030, reducing the number of deaths and illnesses from hazardous chemicals and air, water and soil pollution and contamination, as well as improving water quality by minimising the release of hazardous chemicals.

That strays on to the turf of another Environmental Audit Committee report on the sustainable development goals and how we can implement them in domestic policy. Again, we were not particularly happy with the Government’s response, and I am sure we will continue to pursue the matter. Despite the obvious risks and uncertainties that face both the chemical industry and the health of the public and the natural environment, the Government’s response to the EAC report was disappointing and rather lacking. I urge the Government to commit to and implement the Committee’s recommendations, because the cost of failing to act, and of not being adequately prepared for when we leave the EU, is too great. In the Government’s election manifesto, they promised to be

“the first generation to leave the environment in a better state”

than they found it, but achieving that is incompatible with their current approach to chemicals regulation, and with any regulatory system that does not adequately protect humans, the environment and animals to the extent that REACH does.

Leaving the EU: Agriculture

Kerry McCarthy Excerpts

Thursday 1st February 2018 Westminster Hall

[Kerry McCarthy (Bristol East) (Lab)]

It is a pleasure to see you here, Mr Bone.

The debate is very welcome. It has obviously been a long time since agriculture policy was in such a period of transition, and where there was so much up for debate and needing to be decided; as we come out of the common agricultural policy we look towards the negotiation of new trade deals, and there is an agriculture Bill on the horizon, I hope. The Environment Secretary has made some welcome statements at the Oxford Farming Conference and the Oxford Real Farming Conference—I attended the latter—which were restated in the 25-year environment plan, about trying to shift to the use of public money for public goods. That must be the backbone of the approach. I welcome his clarity about the ending of subsidy per acre, and using it to pay for public goods. It is encouraging that the direction of travel on that is so clear. Farmers want to do much more to conserve their land for future generations; the structure should be there to support that.

We need to do a much better job of internalising the external costs of the damage we do to the environment, including soil degradation, deforestation, biodiversity loss and the impact on public health of the routine use of antibiotics. Those have been disregarded for too long. I am sure that we all agree on the desirability of the new regime supporting the public goods that the Environment Secretary identified, such as planting woodland and restoring habitats for endangered species, and restoring and enhancing soil. I would add other things, but the direction of travel is good.

As chair of the all-party group on agroecology for sustainable food and farming, I would also like specifically to promote the benefits of agroecological approaches. They are sometimes seen as backward-looking, because they can involve reviving some old-age systems, but I am not personally anti-innovation. I think that agroecological measures can be adopted without a reduction in productivity. As the former UN special rapporteur on the right to food, Olivier De Schutter, said, the approach has been shown

“to improve food production and farmers’ incomes, while at the same time protecting the soil, water, and climate”.

That is the balance we need.

I want to focus my comments on two areas about which little has been said so far. The first is post-Brexit agricultural policy, which urgently needs to address how we increase our food sustainability and, given global pressures, ensure long-term food security. The second is the growth of diet-related ill-health and widening health inequalities. As to food security, leaving the EU potentially puts UK food security at greater risk. At the moment we produce less than 60% of the food we consume and rely on the EU for almost 30% of our imports. Post-Brexit, shortages of farm labour and a more volatile market could make that situation even worse. I am vice-chair of the all-party group on fruit and vegetable farmers. Witnesses from the sector, and the wider horticulture sector, gave evidence to the Select Committee on Environment, Food and Rural Affairs a while ago; the sector is already starting to suffer from the Brexit effect. Last year, there were reports of produce rotting in the fields in Cornwall from a lack of EU workers to pick it, put off by poor exchange rates and uncertain future employment. I know that the Minister has attended the all-party group and the Select Committee to hear our concerns. I am sure that the Committee Chair, the hon. Member for Tiverton and Honiton (Neil Parish), will mention that later.

Nothing was said about the workforce in the 25-year plan. Although the Environment Secretary has said that he recognises the need for seasonal agricultural labour, we do not have a clear indication of what he intends to do about that. We need to ensure that agricultural policy addresses the prevalence of low pay, insecure employment and the exploitation of workers in the food and farming sector. I do not think that that is too much to ask.

[Mr Carmichael]

The issue of labour availability is important, but it is not confined to low-paid workers. The hon. Lady should be aware that the veterinary profession relies heavily on vets who come to work in this country from other parts of the European Union, especially for meat inspection.

[Kerry McCarthy]

I think that I am right in saying that about 85% of the vets from overseas who work in this country have not been in the UK more than five years; so they would not be captured by the arrangements being put in place to enable people to apply for status to stay in the country. That is an important issue.

On the question of horticulture and healthy eating, we need to ensure that our agricultural policy not only maintains but widens access to healthy, nutritious food for everyone. Analysis by the Food Foundation, which was of course set up by a former Conservative MP, who is doing excellent work, shows that a British family of four could be spending up to £158 per year more on fruit and veg after Brexit, as a result of tariffs, inflation and increased labour costs. That is a huge amount of money for those already struggling to put nutritious food on the table. Ninety-two per cent. of teenagers in the UK already struggle to get their five-a-day, and diets low in vegetables are linked to 20,000 premature deaths every year. We had a debate in Westminster Hall the other day about the links between junk food and childhood obesity. Cancer Research provided inspiration for that debate, and the other side of the healthy eating coin is obviously the consequences of unhealthy eating.

[Colin Clark (Gordon) (Con)]

Does the hon. Lady accept that produce has never been so affordable or abundant, and that it may be more of a reflection on society that teenagers do not eat enough fresh produce, rather than what she suggests?

[Kerry McCarthy]

It is partly due to consumer choice; but it is also a question of what is presented to people in supermarkets, and the encouragement to people to get cheap ready meals. As we saw during the horsemeat scandal, it is much easier for people with a very limited income, who are running out of money before their next pay cheque, to buy a ready meal such as a lasagne that costs 99p or a pack of 12 Tesco burgers in the Value range, than it is to buy all the separate ingredients that would enable them to cook a similar meal at home. They just do not have the resources to do that.

That is something that the Food Foundation stresses. It says that if we increase the level of UK self-sufficiency in fruit and veg, production could become more competitive in comparison to pricier imports, and that there are 16 types of fruit and veg that we could grow more of in the UK, which would increase supply and help to protect demand in the uncertain times of Brexit. Last summer there was a sudden shortage of iceberg lettuce in shops because of the situation in Spain. I am sure that the Minister has looked at the Food Foundation report “Farming for 5-A-Day”, but if he has not I urge him to do so.

I want to raise the real threats to UK food and farming from a no-deal scenario and from free trade agreements with the US and countries with lower animal and food safety standards. The most carefully structured subsidy regime could be fatally undermined by the trade arrangements we enter into post-Brexit. The all-party parliamentary group on agroecology highlighted that in our recent inquiry. We found that trade deals post-Brexit could pose the biggest peacetime threat to the UK’s food security, if current environmental and public health standards are not prioritised in the terms of the negotiations. It is vital that agriculture does not become a bargaining chip or something that can easily be traded away during negotiations. We know there is a difference of opinion between the Environment Secretary, who has sworn that he wants to uphold standards, and the Trade Secretary, who has a less acceptable stance on these issues. He does not appreciate how much the public care about protecting these things.

There is a very real danger that when faced with the threat of rising food prices post-Brexit, many will argue for cheaper food through low or no tariffs, but that will come at a cost. The US Commerce Secretary, Wilbur Ross, has made it clear that any post-Brexit trade deal will hinge on the UK ditching its higher EU-derived food safety laws. The debate on chlorinated chicken and hormone-pumped beef is very much in the public domain. That situation could drive out higher-welfare and smaller-scale UK farmers who would be unable to compete on price. It could make it more difficult for British farmers to export to EU countries, with worries that they could provide a back door to the EU for these US imports. There are food safety issues, too, with US eggs and poultry much more likely to have salmonella contamination than UK products. At a recent meeting of the EU environment committee, Which? gave evidence. It said that something like one in six Americans get food poisoning over the course of a year, compared with one in 66 in the UK. That cannot just be down to poorer hygiene standards in people’s homes.

We cannot trigger a race to the bottom on standards. Nor should we seek to compete by copying American mega-farms, cutting costs by becoming ever more industrialised and intensive. One of the recent farming Ministers was very fond of the phrase “sustainable intensification”, but I never quite got him to explain what he meant by that.

[Andrew Percy (Brigg and Goole) (Con)]

The hon. Lady is making an interesting speech. It is important that our policy on food standards is evidence-based. Salmonella rates are 1.5 times higher in Europe than they are in the US. We must not proceed in any trade deals on the basis of any anti-American bigotry. I am not suggesting that the hon. Lady is guilty of that, but some who contribute to these debates are. We must proceed only on the basis of evidence.

[Kerry McCarthy]

I agree with that, but the Soil Association has come up with a list of 10 products that are currently banned that could enter UK markets if we enter into a trade deal with the US. Chlorinated chicken and hormone-pumped beef were banned for very good reasons.

[Andrew Percy]

indicated dissent.

[Kerry McCarthy]

We have different views on EU protections, but the EU ban on chlorinated chicken was introduced in 1997. Hormone-pumped beef was banned before that. If the hon. Gentleman asked his constituents whether they wanted these products in the UK market, I think they would support his Environment Secretary’s position, whether they see these things as animal welfare concerns or food safety concerns. When he was giving evidence to the Select Committee, the Environment Secretary said that he saw that issue as a red line in negotiations and that we should not allow such things in. Perhaps the hon. Gentleman can ask the Environment Secretary what evidence he has considered. On that note, I will conclude my remarks.

Draft Environmental Protection (Microbeads) (England) Regulations 2017

Kerry McCarthy Excerpts

Monday 18th December 2017 General Committees

[Kerry McCarthy (Bristol East) (Lab)]

It is a pleasure to see you in the Chair for what I believe is your first outing, Mr Austin. I hope you will find it a rewarding experience that you will want to repeat.

I, too, support the SI, although a little reluctantly. As my hon. Friend the Member for Halifax said from the Front Bench, it is not ambitious enough. As part of our debates in the Chamber last week about the European Union (Withdrawal) Bill, we discussed whether the House should have the ability to amend statutory instruments. If that had been possible, I would have tabled amendments to the draft regulations. Given the scale of the microplastics problem, we need to be ambitious and radical, and we need to be ahead of everyone else.

Other countries are introducing similar bans. The USA has the Microbead-Free Waters Act of 2015, which covers only rinse-off products. New Zealand is bringing in a ban on the sale of personal care products containing microbeads from July next year, and Taiwan is doing the same. Canada plans to ban microbeads in shower gels, toothpaste and face wash by 1 July 2018, and in natural health products and non-prescription drugs from 1 July 2019. My first question to the Minister is: have we looked at what Canada is trying to do to see whether we can replicate that here?

It is almost obligatory to mention “Blue Planet” in such discussions. I point out on behalf of my hon. Friend the Member for Bristol West, who is a Whip and cannot speak in the debate, that the BBC’s natural history unit is in her constituency. We both have many constituents who take great pride in being involved in that unit, which is truly the jewel in the BBC’s crown. While I am in self-congratulatory mode, I will also say that the report of the Environmental Audit Committee—of which I am a member—on microbeads was trailblazing and important. I will now get on to the less self-congratulatory and more depressing stuff.

Our starting point should be to look not at what is easy to ban but at the harm done by microbeads and all microplastics. I have no idea how these things are calculated, but it is estimated that there are 5.25 trillion plastic particles weighing nearly 269,000 tonnes in the ocean, and we have heard that 100,000 microbeads can be washed down the sink in a single application of a rinse-off product. For example, Neutrogena’s Deep Clean, which is an exfoliating scrub, has 300,000 microplastic ingredients in just one tub. That is the scale of the situation.

When microplastic gets into the ocean, small animals mistake it for food and risk starvation either because they believe their stomachs are full—instead their stomachs are full of plastic—and they starve as a result, or because of blockages in their intestines, causing death. Microplastic can also be ingested by filter feeders such as bristle worms, sea stars, sea urchins, sea slugs and many other things that my researcher listed for me but that I cannot pronounce so will not read out. They become prey for larger marine creatures, so the microplastic accumulates further up the food chain and eventually ends up in the human food chain too.

Microplastic also starves coral species by clogging their digestive systems—in essence, starving the coral reduces its growth and spread. We know about the plight of coral reefs because of ocean acidification and ocean warming, but microplastic is another factor that causes great harm. As has been said, over time microplastics will accumulate toxins attracted to their surface—pesticides, flame retardants, motor oil and other industrial chemicals —so they too are entering the food chain.

The scale of the problem is immense. As my hon. Friend the Member for Halifax and organisations such as Greenpeace have said, the ban should not be limited only to rinse-off products. It should also include products such as sunscreens and deodorants. The Minister said that there is not much evidence that they enter the water—she said that they are wiped off—but clearly, if people go for a swim wearing sunscreen and deodorant, that will get into the water pretty quickly or when they have a shower back in their hotel room.

There are plenty of products that people can use that do not contain harmful microbeads. I find this frustrating. There is a ban on animal testing of cosmetic products. It is easy to find alternatives to such products and the same is true of products containing microbeads. Why do we let the market simply lead the way and say that consumers are able to choose? Labelling is an issue and consumers may not necessarily know what they are really buying. Why do we not take the example of the best companies, which have phased out such products, and say that everyone else has to follow suit?

Following the ban on testing cosmetics on animals, people are now pushing for a ban on such testing with household products, and I think that the same should apply to products containing microplastics. Although the UK cleaning products industry says that it does not use microplastic ingredients in any product, that is not true of products of non-UK manufacturers that can be sold and used here. I do not see why the ban cannot be extended to them.

The Plastic Soup Foundation, which campaigns for plastic-free oceans, also supports a ban on microbeads in leave-on as well as rinse-off products. It has called for reconsideration of the exemption of polymers from REACH—the registration, evaluation and authorisation of chemicals scheme. The Minister has appeared before the Environmental Audit Committee to talk about what happens to REACH post-Brexit, which is a whole other can of worms that we could open. Does she think that polymers should be included under REACH or whatever the British equivalent will be once we leave? The foundation is calling for the European Union to impose and enforce a ban on all polymer ingredients that are persistent, bioaccumulative and toxic to ecosystems.

I have used the term “microplastics” rather than “microbeads” throughout because, if we look at the harm they can cause to our aquatic environment, we will see that it is pretty meaningless to separate the two. Only a very small percentage of microplastics in our oceans are made up of microbeads. A 2016 Japanese study put the figure at 9.7% and European studies have put it as low as 0.1% or, at the most, 4.1%.

Most microplastics in our oceans are larger plastics that have broken down from bottles, packaging, old fishing nets and so on—in other words, anything that has not been recycled or disposed of correctly—so a ban on microbeads is clearly not enough to make significant inroads into reducing plastic pollution in the ocean. We must look at the bigger picture, tackle the amount of single-use plastics used and produced, introduce a deposit return scheme for plastic bottles and so on.

The Environment Secretary announced a four-point plan today, but the slowness with which the Government are approaching this agenda is frustrating. I have asked questions in the Chamber about what they are doing about plastics pollution, and they have very proudly said, “We put the tax on plastic bags and are introducing a ban on microbeads,” but that is simply a drop in the ocean. We must go much further, much more quickly.

--- Later in debate ---

[Dr Coffey]

I will try to restrict my reply to the regulations. I could wax lyrical about marine litter and microplastics for a long time, but I assure the hon. Member for Halifax that if the particles in wax are less than 5 mm, they are included in the scope of the ban.

With regard to the definition of plastic, REACH does not define what plastics are but defines individual products. We felt that was not an effective way to achieve our aim, so the broader, well-known definition of plastic is used to ensure that we cover every single product. With regard to what products microbeads are used in and looking at other countries, as I articulated earlier, the very fact that we are banning any plastic particle less than or equal to 5 mm—we are not saying that it is only those microbeads that have a particular effect that are banned—is going further than the other countries mentioned. For the sake of doubt, nor have we limited the scope of what a rinse-off product is; it includes, but is not limited to, shower gels, body washes, intimate washes, liquid soaps, solid soaps and beaded hand cleaners. That will include things such as the Neutrogena product but also industrial products. Our farmers use Swarfega and similar, and the same will happen there. I could go on with a variety of things, including toothpaste, mouthwash, depilatory creams and gels, and similar elements.

We have asked the Hazardous Substances Advisory Committee to review the issue—the hon. Lady referred to this—of leave-on toiletries that can be absorbed or shed and are not designed to be washed off. I do not have a specific timeline for that at the moment, because the other thing we asked for in the consultation was a wider view on other products. The challenge with microplastics is that they extend to many sources. For example, the recycling of a lot of our plastic bottles goes to create things such as synthetic fleeces, which are popular with vegans because they are a way of keeping warm without using wool. Of course, they are also used extensively by people who are not vegans.

[Kerry McCarthy]

Will the Minister give way?

[Dr Coffey]

No. That is another example of products that have become part of everyday life. However, when they go through a washing machine, microfibres and microplastics are released. The regulations also extend to things such as tyres, because in tyre wear we see microplastics generated, washed on to the road, then into our water courses and so on. It is a challenge across a wide range of products. In particular, we focused on this because we know the evidence is already there. We know that our existing sewage treatments cover particles from about 6 mm upwards, so this is a specific way to try to address the problem by stopping at source the very generation of microbeads in products that are widely used. We wanted to tackle that.

If the hon. Member for Halifax has evidence that cleaning products with microbeads are available, she should please let me know and we can look at that. So far, the evidence we have seen is that no such cleaning products are available for sale. We need to ensure that, dare I say it, we regulate to address the problem in hand and not just create regulations for their own sake.

With regard to the devolved nations, yes, the consultation was UK-wide between the four Governments. We cannot dictate the processes by which they bring the ban into effect, but we are working with them to try to ensure that we coincide the ban that will come in due course.

As the hon. Member for Gedling knows, the 21 days will kick in from when the regulations are voted through the House—I think they have gone through the House of Lords today. Then, in essence, manufacture will become an offence, and then sale will become an offence. I suggest to the Committee that it will become more difficult for people to buy such products for resale in their shops. Of course, today the products are legal, so people can choose to sell them but, as we have seen, many companies have already taken action.

I point out that the regulations also cover the import of products, so if they are imported they still cannot be sold—that deals with that challenge. In terms of international actions, it might surprise the Committee to know that we had to get permission from the European Union and the World Trade Organisation. We initiated that on 28 July. We had to have a three-month process for objections, and there were none. We also have to go through other regulatory processes where we make the case, which is one of the reasons it takes so long. I think it was my hon. Friend the Member for Camborne and Redruth (George Eustice) who brought the issue to the attention of the Environmental Audit Committee when giving evidence some time ago. Members are right to pay tribute to that Committee, but that is an explanation of why it takes quite so long to reach the point we have got to today.

I do not think the regulations are necessarily the end of the process. I am sure that the Committee will want to be assured that we are taking appropriate action. We are addressing wider issues of microplastics getting into the environment. We need to continue to work with industry to ensure that it has time to develop alternatives.

The 680 tonnes is the amount used in cosmetics, and we recognise that not all of it ends up in the marine environment. I would not want to throw out a figure just to satisfy the hon. Member for Gedling. The point is that we are removing these microbeads at source so that there is at least a reduction from what we have today.

Oral Answers to Questions

Kerry McCarthy Excerpts

Thursday 7th December 2017 Commons Chamber

[George Eustice]

I am aware that the pig industry is very important to my hon. Friend’s constituency. The UK has a close relationship with Denmark. Danish Crown, including its subsidiary Tulip, is a major investor in the UK, and since the decision to leave the European Union it has increased its investment, with the recent acquisition of new businesses. We are having discussions, but we have a strong and vibrant pig sector.

[Kerry McCarthy (Bristol East) (Lab)]

The Minister said that Brexit would not have much impact on prices. I suggest that he speak to his former Conservative colleague Laura Sandys, the head of the Food Foundation, which has said that Brexit could mean an increase of £158 a year in what the average family spends on fruit and veg. Will he ensure that the horticultural sector, which has been much neglected by successive Governments, is given the priority that it deserves in the agriculture Bill?

Marine Environment

Kerry McCarthy Excerpts

Tuesday 14th November 2017 Westminster Hall

[Kerry McCarthy (Bristol East) (Lab)]

It is pleasure to see you in the Chair, Mr Owen. The UK, through its overseas territories, is responsible for the world’s fifth largest marine area, amounting to nearly 2% of the world’s oceans. We are therefore a major player, with a major responsibility to act.

We have heard how the health of our oceans is under threat, and degenerating faster than anyone had predicted because of the cumulative effect of a number of individual stresses: climate change; sea water acidification; widespread chemical pollution; plastic pollution; the effect of drilling for oil; and gross overfishing. The world’s oceans are facing an unprecedented loss of species, from large fish to tiny coral, comparable to the great mass extinctions of prehistory. If we are serious about helping oceans to recover and rebuild, helping fish stocks to replenish, and giving marine ecosystems and coastal communities some breathing space, we need to get serious about creating marine protected areas.

It is true that the UK has shown real leadership on ocean conservation through the action of various Governments. John Kerry and President Obama were also very good in the lead that they took; I hope that the issue has not completely dropped off the US’s agenda now that they have left office. It was encouraging to hear the Foreign Secretary at a recent event in Parliament reassert the Government’s commitment to creating a blue belt of marine reserves in the overseas territories. I would like a response from the Minister on South Georgia and the South Sandwich Islands. An MPA was created there in 2012, but it provides a minimal level of protection. It is not enough just to tick a box and say, “Well, we’ve got protection there.” We need a fully protected marine sanctuary. The marine environment there is near pristine, and full protection would safeguard it against what is an uncertain future, because of a changing climate and other threats.

I also want to say a little about Antarctica. “Blue Planet II” has already been given a glowing mention by my hon. Friend the Member for Huddersfield (Mr Sheerman). I would like to point out that the BBC’s natural history unit is based in Bristol and cannot be over-praised for its amazing work. Anyone who has seen the images of fish with feet, huge fangs, or transparent heads will agree that what the unit is doing to bring that world to life for people, and to make serious political points about the need to conserve our ocean and marine ecosystems, is just phenomenal.

The ocean around Antarctica is also the lungs of the deep, with its waters among the most oxygen-rich on our planet. Much of the life-giving oxygen in deep waters across the world begins its journey there in Antarctica, but the pristine marine environment is threatened by climate change and expanding commercial fishing interests. Marine life there, for example, is totally dependent on krill, but Russia, Norway and China are all said to have krill-fishing interests in the region. That is not something that the people of Russia, Norway and China need, but it is something that the marine ecosystem in that area absolutely needs for its survival. Greenpeace and others are currently pressing for an Antarctic ocean sanctuary. The UK Government can play a vital role in creating this, as part of the Antarctic ocean commission, but as I understand it, the UK has yet to throw its full weight behind negotiations. I hope the Minister can reassure us today that the UK will put real diplomatic effort into that.

The last key point I want to make is on UNCLOS—the UN convention on the law of the sea. More than 64% of the ocean is beyond the jurisdiction of any one country—the so-called high seas. Although UNCLOS provides the legal framework, the current structure is highly fragmented and has huge governance gaps. We need an agreement under UNCLOS to assist in the creation and management of marine reserves, to set a framework for environmental impact assessments, and to co-ordinate the highly fragmented structure of regional organisations that currently regulate human activities. I understand that there is a draft resolution for starting negotiations on the UN oceans treaty that Governments are deciding on this week, which is really great news. I hope that the Government will throw their weight behind agreeing a treaty by 2020.

Finally, I want to reflect on something my hon. Friend the Member for Huddersfield said—something that very much chimes with my way of thinking and that we do not hear often enough in this House. I was the lead shadow Minister on the Deep Sea Mining Bill a few years ago. I found it incredibly depressing that some people speaking in those debates took the view that all the world’s resources are there to be plundered and exploited, and are put there for our benefit, with little need for concern about protecting our precious natural environment. Episode two of “Blue Planet II” featured hydrothermal vents, which I spoke about in Committee. I had no real understanding of what they were and why it was so important to protect them; I just knew that I did not want deep-sea mining going on in tiny miniature ecosystems at the bottom of the sea. Now that I have seen “Blue Planet II” I realise just how wonderful and amazing they are.

The “Keep it in the ground” campaign asserts that 80% of the fossil fuels that we currently know of ought to be kept in the ground if we are to meet our climate change commitments. That means that we should not be drilling for oil in the tar sands, or in the Arctic. We should not look down, at deep-sea mining and the hydrothermal vents. I want to pay tribute to what my hon. Friend the Member for Huddersfield said. I am entirely with him on this: the world is not ours to exploit; it is ours to protect.