(4 years, 5 months ago)
Public Bill CommitteesI will take two more questions. We really are pushed for time, so if Members could make their questions as concise as possible, that would be really helpful. We will start with Kerry McCarthy and then go to Cherilyn Mackrory.
Q
Q
Katie Nield: I will go first, given that the first question was directed at ClientEarth. The cases that ClientEarth has taken against the UK Government have been key both to driving action to meet the legal limits we already have and to highlighting this as a serious issue and highlighting Government failures so far. It is really important that the Bill allows people to continue to do that against these new binding targets. They need to be meaningful, and that means that the Government need to be held to account against them. That is key.
What is also key is that we should not have to rely on organisations such as ClientEarth or individuals to take action. That is another reason why it is really important that the Office for Environmental Protection—the new environmental watchdog set up by the Bill—has adequate teeth to do that job and scrutinise Government actions. I assume you heard in previous evidence about the shortcomings of the Bill in that respect, so I will not repeat that.
In terms of action from local authorities, what has come out in the discussion so far has been clear: air pollution is a national problem and there are a huge number of different sources that need to be dealt with. It is not a localised issue with just a small number of hotspots that need to be cleared up. What we are concerned about is pushing the burden of responsibility on to local authorities to deal with this problem—that will not be the most effective way to tackle this national public health crisis. We need the Bill to reflect that, and we need the environmental improvement plans to reflect that.
At the moment, the Bill provides some new powers to local authorities, and those are very welcome, but it risks putting the burden of responsibility on them. This goes back to the point Liam was making earlier about the opportunity to introduce a broader ranging duty on all public bodies across different levels of Government and different Departments from the central level to ensure that they are doing their bit to contribute to those targets.
Professor Lewis: I would like to comment on assessment in a rural environment, because that is really important. Most people potentially live in places that will not be anywhere near a measurement point. It has been possible to bring action on nitrogen dioxide because there was a very good way of assessing it: we knew where the pollution was—at the roadside—and there was a network of measurements and, crucially, an ability to predict, model and fill in the gaps in between, where everybody else lived. That provided you with the evidence base with which you could say, “These areas exceed; these areas don’t.”
It is harder with PM2.5 because it does not come just along the roads, although there are sources there; it comes from many places. You might rightly ask, “How will I know if it is getting better in my constituency?” The answer is that if we do adopt things like a 10 microgram target and continuous improvement, we will have to do more measurements, because we will not have the evidence to present to say whether it is getting better or not. There is a fundamental difference as you go lower and lower: the challenge in proving that things have got better, and particularly in places that historically we would not have thought of as pollution hotspots, is pretty hard. People should go in with their eyes open that there will be more of a burden in demonstrating that progress is being made.
Katie Nield: I suppose setting am ambition for that target also provides an opportunity for us to better assess it and better understand the impacts it is having on our health, so it is an opportunity.
Q
Chris Tuckett: The systems thinking around governance, as well as the environmental system itself, is really important. There is a specific example I have around local government. The inshore fisheries and conservation authorities that operate around England, at six or 12 nautical miles—the inshore area—get their funding through local authorities. We know that due to the situation local authorities are in, some of that funding is lost along the way. It just happens.
The funding position there is pretty dire, so from a marine point of view, to regulate the inshore and to do this job properly and recover our marine environment, we need the regulators to be in place to have the power and, bluntly, to have the funding to be able to do the job. That goes for the Association of Inshore Fisheries and Conservation Authorities and for the Marine Management Organisation.
With local authorities, you of course also go on to the waste and resources side of things, which I think you will be talking about later. It is important to think about their role on such things as deposit return schemes versus what would happen within a new system that is set up. I am sure DEFRA is absolutely on the case with thinking about governance arrangements, the flow of money and how all that works as part of this, but it is vitally important.
Q
Ian Hepburn: It is not something I have looked at in depth, but certainly there seems to be concern—this is from other organisations that support and work with Greener UK—that there is a large number of substances out there that will be risky as far as human health is concerned, let alone the health of the environment. That will need to be regulated. I do not see within the Bill that there is necessarily the right framework to do that monitoring.
It is also probably worth touching on the fact that if one puts that responsibility on the Environment Agency, which has had fairly significant depletion of its resources, it may be that there is no capacity, even if you include that responsibility in the Bill, to get that monitoring done. I think that is something that we need to bear in mind when developing something that will help us watch these novel substances, both alone and in how they operate together in the environment, because they do pose risks.
Stuart Colville: I would just observe that regulators and the water industry itself have a programme of research into what I suppose you would call novel contaminants or novel pollutants within watercourses and water bodies. That is funded at a reasonably high level and will continue. In fact, the next round, between 2020 and 2025, is about to start. That looks at things such as microplastics, antimicrobial resistance and exotic chemicals that may be leaching into watercourses from various forms. I suppose the question is whether there needs to be some duty or obligation through legislation to formalise that somehow. My sense is that the current system, which is overseen by the Environment Agency, is reasonably effective at keeping an eye on those substances and trying to work out what is actually in the environment.
Chris Tuckett: Clause 81 of the Bill, which relates to water quality, gives the Secretary of State powers to look at the substances that are regulated through what is now the water framework directive. That is good, and we do need flexibility on the sorts of chemicals that are monitored. It is slightly different for pesticides, but it is important to adapt as new chemicals come on to the market. What we would say about that clause is that there should be absolutely no regression on standards. Those standards that are there should not be reduced in any way.
Stuart Colville: Just to be clear, we would agree with that.
Q
Ian Hepburn: This is on clause 81?
(4 years, 5 months ago)
Public Bill CommitteesQ
Dr Benwell: We hope that all sorts of stakeholders will be involved in the production. We hope that Natural England will sign off the plans, to show that they are ecologically rational, and that non-governmental organisations will come together with water companies, developers and local businesses to make it happen. However, all of those need to be sure that the plans will actually be used in day-to-day planning and spending decisions; otherwise, they will waste a lot of time and money putting together things that will just sit on the shelf. The duties to actually use them are not quite there at the moment.
Q
We heard from one witness that the Bill is slightly lacking an overarching vision, which they thought could be addressed by having not just environmental objectives but objectives on health and wellbeing—I see that they are debating that in the Lords today—a bit like in the Well-being of Future Generations (Wales) Act 2015. The other issue mentioned was resource use, because there is stuff about reducing single-use plastics but not about consumption patterns overall. Decarbonisation was mentioned as well. Do you feel that the Bill could encompass those things without being unwieldy?
The other thing, which is slightly connected, is the global footprint, and I have put down some amendments on that. I entirely agree that there is not much point in doing things here if you are buying in stuff that causes environmental degradation elsewhere, or if we are funding it. I wonder whether you can say a bit more. George, on that point, one of my amendments would add to the four priority areas of the global footprint. What would be the sort of targets that we would be looking at? What would be the first things that we would address on that front?
George Monbiot: Of course, footprinting is now quite a technical and well-documented field, in which we can see what our footprint is as a proportion of our biological capacity. In land use, for example, we are using roughly 1.7 times as much as the agricultural land that we have here. A fantastic objective—it would be a long-term one—would be bring that down to 1. If we were to look at living within our means as far as key ecological resources are concerned, that would be a wonderful overarching objective for anyone.
Dr Benwell: On global resources, we should set out with an aspiration to deal with the UK’s entire environmental footprint eventually, including embedded water, embedded carbon and all those sorts of things, but for now it is very difficult to come up with reliable metrics for everything, so we should start where we can. One of the most straightforward ways is dealing with products in the supply chain that cause deforestation. It is basically the point that George was making. We know what those products are—it is things like leather, beef, soya, cocoa—
George Monbiot: Palm oil.
Dr Benwell: Palm oil, of course. It is perfectly possible to measure that footprint and set a target for reducing it. Businesses themselves came up with a voluntary commitment back in 2010, and it has had no real effect on the UK’s impact on global deforestation in some of the most amazing areas of the world. It is time to back that up with a regulatory commitment, and that would be good for the businesses that have shown a lead. At the moment, the only ones who properly investigate their supply chains, disclose what they find and take due diligence are the ones that are trying really hard. Unfortunately, it makes them look bad when the ones that are doing the worst and most damaging practices are just not bothering to report.
We should start off with a priority area for the global footprint being a metric for deforestation. Then we should have a due diligence duty that requires all businesses to look across their supply chain for deforestation risks and, crucially, to act to reduce those risks where they find them. That would be a massive step forward. It would be such an unlocker in international negotiations, where the refrain is always that developed countries are not doing their bit, but are just exporting their harm. If we show that we are not going to play that game anymore and are actually going to take responsibility, that would be an amazing thing to lay on the table in international talks.
George Monbiot: To Richard’s list of commodities with very damaging impacts, I would certainly add fish. We currently import all sorts of fish with devastating by-catch rates. The Fisheries Bill aims to improve performance within UK waters, although it is pretty vague at the moment. It would be profoundly hypocritical if we were to carry on importing fish from places with very poor environmental performance.
Q
Dr Benwell: It should definitely be in there. I think there is full potential for that to be covered in the Bill. If there is not, it should be broadened out. Yes, definitely, we should think of our approach to the natural environment as serving wildlife and people. Setting an overarching objective is one way to do it, or you could deal with specific areas.
George Monbiot: And specifically listing children and future generations as people for whom there is a particular duty of care in terms of protecting the natural environment.
Q
I feel that the Bill is the overarching framework for a positive way forward, and that were we to try to lock in all sorts of specific targets it would lose what it is trying to achieve, because there would be so much going on. What is your opinion on taking the matter to secondary legislation in the future so that we could listen to experts? I do not know what the experts would say about somewhere like Dartmoor. They might have differing opinions, and then how would we know what success looks like?
George Monbiot: You raise the fascinating issue of baselines. What baseline should we be working to? Should we be working to an Eemian baseline—the previous interglacial, when there were elephants and rhinos roaming around, with massive, very positive environmental effects, and there was an identical climate to today’s? Should we be aiming for a Mesolithic baseline, when there would have been rainforest covering Dartmoor; a Neolithic one, when it would have been a mixture of forest and heath; or a more recent one, which is basically heath and grass, with not much heath left?
The truth is that baselines will continue to shift because we will move into a new climatic regime. All sorts of other environmental factors have changed, so we will never be able to recreate or freeze in time any previous state. That is why I think that a general legislative aim should be restoration and the re-establishment of missing species, without having to specify in primary legislation which ones they will be. The restoration of missing habitats, as well as the improvement and enhancement of existing habitats, is the bit that is missing from clause 93. We could add in habitats that we no longer have but could still support. However, we should not lock it down too much.
A big problem with existing conservation, particularly with its single-species and interest-features approach, has been to lock in place previous instances of environmental destruction. You will go to a site of special scientific interest and it will say, “The interest feature here is grass no more than 10 cm high.” Why is that the interest feature? Because that is the condition in which we found the land when we designated it as an SSSI. Is it the ideal condition from an ecological point of view? Certainly not.
We need flexibility, as well as the much broader overarching target of enhancing biodiversity and enhancing abundance at the same time. We could add to that a target to enhance the breadth and depth of food chains: the trophic functioning of ecosystems, through trophic rewilding or strengthening trophic links—“trophic” meaning feeding and being fed upon. Having functioning food webs that are as deep as possible, ideally with top predators, and as wide as possible, with as many species at every level, would be a really great ecological objective.
Dr Benwell: You are right: we would not want to set detailed targets for the condition of Dartmoor in the Bill. That would not make sense. Nor, indeed, do we necessarily want to set numerical targets for anything else. What we need is the confidence that the suite of targets will be comprehensive and enough to turn around the state of nature. In the Bill at the moment, that legal duty could be fulfilled by setting four very parochial targets for air, water, waste and wildlife. I do not think that that is the intention, but when it comes down to it, the test is whether the target would achieve significant environmental improvement in biodiversity.
You could imagine a single target that deals with one rare species in one corner of the country. That could legitimately be argued to be a significant environmental improvement for biodiversity. Unquestionably it could, but what we need—I think this is the Government’s intention—is something that says, “We are not going to do that. We are going to treat the natural environment as a comprehensive system and set enough targets to deal with it as a whole.”
I can think of three ways of doing that. You could set an overarching objective that says what sort of end state you want to have—a thriving environment that is healthy for wildlife and people; you could list the different target areas, as I had a go at before, on the basis of expert advice, and make sure that those are always there; or you could look again at the significant environmental improvement test and make it clear that it is not just talking about individual priority areas but about the environment as a whole, on land and at sea. It does not matter how the Government do it. I think that is their intention. However, at the moment, we are not convinced that the legal provisions in the Bill would require that now or in future iterations of the target framework.
Q
Bud Hudspith: Yes, we welcome that. That was the point made before. Parts of it are fairly vague and we would like it to be much clearer as to who should be involved. There should be clear consultation with the chemical industry—the people who work in the chemical industry and the people who represent them.
Dr Warhurst: The principles sound good, but the point of principles is how they are interpreted—not just the political decisions about interpretation, but these capacity issues. The problem we see is that it is very difficult for the UK to be in a position, even if it wanted to, to go ahead of the EU, which we have not seen as very likely. In parallel areas, such as chemicals and food contact materials, where the UK could have gone ahead of the EU, it has not, even though countries such as Germany, Belgium and France have.
I will give a practical example. Perfluorinated chemicals are in all our bodies. They are in our blood. They were talked about in a recent film, “Dark Waters”. They are in food packaging, ski wax and textiles. The EU is proposing to do a general restriction on these chemicals for non-essential users. This is thousands of chemicals. That will be a huge job for the 600-person ECHA and member states around the EU. There will be challenges from industry. We know that Chemours is already challenging a decision on one of the chemicals in the group.
We do not see it as credible that a UK-only agency, which will have to spend a lot of time just administering the registration system that is set up or the applications for authorisation, will really have the potential to copy that. But we would obviously like the Government to make a commitment that they will follow this and ban these chemicals.
Q
Bud Hudspith: I would follow on from Michael’s point. We have concerns about the resources available to the Health and Safety Executive and the technical ability of people in the HSE to mirror what has gone in the European Chemicals Agency, its size and extent, and the amount of work that has gone on over many years to get to the position that it is in now.
It seems as though we will be in a situation where we will start again from scratch. Even if we achieve what has been achieved in ECHA, it will take us many years to get there. We are worried, especially about that intervening period. Where will we be? I do a lot of work with the HSE, and I am aware of the kind of pressures it is under. It is easy to say that the HSE will do this, or that the HSE will do other things, but unless it is given the resources and people to do that, it is words rather than action.
Q
Bud Hudspith: Yes. The position with the EU— ECHA—is that it has come an awful long way. We are getting to the stage where it is probably working better than it has before, and I do not want to wait another five years to get to that position in the UK. It may take more than that—I do not know whether or not it will be five years.
The UK, in “The Future Relationship with the EU” document, talks about
“the separate regulatory requirements of the two markets”.
What impact would that have on the chemicals industry, if there is that level of divergence—or is it about trying to keep up?
Nishma Patel: Following on from what Bud said, REACH has been there for 10 years, and a big chunk of the work under REACH has been done in the past 10 years. The UK contribution has been second in that, in terms of registrations and in providing the data behind the chemicals. To start that process again would put us on a behind path on EU REACH and REACH in general.
The annex, in what we see of the UK position at the moment, allows for the two regulations to co-operate, to talk to each other, if that is the way the negotiations go. It might also allow a mechanism to share data, evidence, on the input put into the European Chemicals Agency database. It is not completely negative. The door is still open in terms of starting from the same evidence base and regulating chemicals; it is just how UK REACH will work—that will depend on what is negotiated in that annex on chemicals, and the extent of the co-operation.
Dr Warhurst: We would agree with many of the points that have been made. We have to remember that, at the beginning of the process, the UK will essentially have an empty database and will be asking for material to be submitted to it from industry. There are already a lot of complaints from industry about the new costs that that will generate—for the chemical companies that are used to doing it, and then for all the people who import substances registered in REACH in a different country, who will suddenly have to register as well. There is a lot of cost to get a database that, even when it is full—in two years or however long—will be much less detailed than the EU one.
It is worth saying that the UK is already not good at enforcing chemicals laws at the moment. We talk a lot about the risk-based approach in the UK regulations, but we did a survey a couple of years ago of how councils were enforcing the laws on the safety of consumers—toys with illegal levels of phthalate chemicals, for example—and we found that large numbers of councils do no testing at all, and that even the ones that do some testing do not do much. Yet, when they do testing, they find lots of failure. We know that banned chemicals are on our high streets and in our markets, now. That really does not give us confidence that somehow there will be this amazing leap in UK capacity to implement and enforce these laws.
Q
Bud Hudspith: I must admit that I was not clear what the safeguards were. Broadly speaking, we are supportive of the Bill and the things that it is trying to do. Our doubts lie with how deliverable that is and what resources and expertise the UK is able to apply. As I saw it, there did not seem to be too many safeguards. I was aware, again, of the amendment whereby at least there is some effort to institute safeguards.
Clearly, large parts of the REACH regulations are being transferred into the UK position. An example is that the stuff on data sheets, which is currently held within the EU REACH regulations, is going to be transferred into the UK REACH regulations, and that is fine. There are lots of things that we are happy with in respect of the change. I suppose that, on a broader level, we would like to see huge improvements to the speed at which things are done and the way things are regulated, but whether that is going to happen is, I think, questionable.
Dr Warhurst: We would back that position. The problem is that the Bill is so much about a process, and the process itself has no targets and timelines. It does not say, “You will assess this many chemicals each year. You will check this many chemicals.” This is a problem at EU level. There has been pressure, and now it has set its own targets and is doing much more.
The danger is that you end up with this sort of hollow system here. It exists in theory, but if the system does not say, “Actually, this chemical is not adequately controlled so we are going to restrict it,” it could essentially just sit doing very little, dealing with all the things that it needs to exist, and you end up with something that is hollow.
We are already in a situation where you can have a chemical such as bisphenol A in till receipts; you ban that; and then the industry moves to bisphenol S. This is demonstrated with tonnage data. That is what has happened in the EU, and the EU has not yet restricted bisphenol S; it is just going to define it as a reproductive toxin, hopefully in the next few months. These things are happening. Movement is happening. The market is moving from one chemical to another. Will the regulator move? We have no evidence. There is no obligation in the Bill for the regulator to actually do new restrictions or new authorisations.
(4 years, 5 months ago)
Public Bill CommitteesQ
Rico Wojtulewicz: It is definitely not my expertise, but if it is a real concern, the industry would support measures to ensure that that does not occur.
Q
Rico Wojtulewicz: Guidance on what we could do to increase the swift population, such as on what trees and food they might like and what lights do and don’t attract the food that they enjoy eating. All these little things actually make a big difference. If that knowledge is there, it feels quite isolated. I think we are very enthusiastic about the things we can do, which will effectively make our sites better at delivering what people want.
The difficulty is that sometimes politicians perhaps do not understand the development process and what occurs. We in the development industry need to ensure that we have a greater understanding of what we can do on site. Perhaps you would have a particular target in an area that you know would encourage more swifts. Perhaps you could issue specific guidance for that local authority, as part of the network.
I think Brighton and Hove has just done it, and Exeter. I am working on Bristol.
Rico Wojtulewicz: They have. I am from Brighton.
Q
Rico Wojtulewicz: I think that is a really good point. The majority of our members are small and medium-sized, where someone might be a bricklayer one day and a site manager the next. They are trained to a high level—typically level 3, with more of them taken on than level 2. This is absolutely an opportunity to ensure that the education is there, not only because it would allow for better building approaches but because it would reduce the burden on a local authority always to have an expert. The more that the development industry can do to deliver what we can, the better. That means that local authorities can be certain that what is being delivered is correct and right for their local area. That is a great idea, and it would absolutely have the support of the National Federation of Builders.
Q
Ruth Chambers: It is an interesting question about the EHRC. We recently came across something that, if it would help the Committee, we could provide a short note on. I think that last year the Government undertook what is called a tailored review of the EHRC. In its evidence to that review, the Equality and Human Rights Commission itself was arguing for greater independence, more accountability to Parliament and a slightly different model, but the Government said that they did not think that that was appropriate for that body. So even a body that the Minister this morning was drawing some comparison with is saying that it feels that it is not sufficiently independent from Government.
We would not say that, for us, in the NGO sector, that is the best comparator. The two bodies that we think are more comparable in this space are the National Audit Office and the Office for Budget Responsibility—not necessarily in terms of their form and function, but in terms of how their independence is delivered via laws, both now and in the long term.
Ali Plummer: It is worth saying that what we are looking for here, ultimately, is that the OEP will hold the Government to account on meeting their environmental obligations, so building in some independent safeguards just to make sure that there is that gap between what the OEP can do, in terms of holding Government to account, and how it is set up is really important. As Ruth said, there are clear examples of that happening in other places, so what we are calling for is certainly not unique or unheard of in other places. I think that it would make sense to apply it to the OEP as well.
Q
Rebecca Newsom: Absolutely—we totally agree with what you have just said. We have to think about our global impact, as well as getting things right here. There is a major problem with the UK’s global footprint at the moment. A lot of the products that we consume on the UK market often, when it is related to meat and dairy, are somehow connected, through the supply chain, to deforestation. For example, 95% of chickens slaughtered in the UK are farmed intensively in a way that means they are fed on soya, and half of Europe’s global deforestation footprint is in relation to soya. We know that it can be tracked back, but, at the moment, there is not that kind of transparency.
The way to deal with this issue is twofold: first, reduce how much meat and dairy we are consuming in the UK, because we need to be freeing up agricultural land globally to give back to nature and allow abundance to be restored. We know the Government are very keen on nature-based solutions for climate change, and a key part of the puzzle is giving land back to nature. That requires a shift in our consumption habits. A global footprint provision in the Environment Bill to allow targets for this would enable that to happen.
The other piece to the puzzle is sorting out our supply chains and putting a requirement on corporations to clean up the supply chain and conduct due diligence. That can be delivered through the amendment you tabled on enforcing the 2020 deforestation deadline; the Government have backed that previously, but it needs legal enforcement, and also the establishment of due diligence legislation in six months’ time, which would set up that framework to enable it to be delivered.
Ruth Chambers: Can I add one thing to that? Again, this is a vital issue. If we take a step back and think about the journey of this Bill, it has been on a journey, and we have been on a journey with it. Its existence came from draft provisions from the European Union (Withdrawal) Act 2018, which were intended to close the environmental governance gap I have already talked about that arose as a result of EU exit. Then the Government took a very welcome step and decided to take the opportunity to enshrine domestic ambition in law through the Environment Bill, which came out in October and was re-published in January. This is the missing piece of that trilogy.
We totally understand that the Bill has been on a fast track—rightly, because nature’s decline cannot wait a moment longer. We understand why it has not been possible until this point in time to include measures in the Bill, but we hope the Government will do all they can to ensure these important issues are addressed, whether substantively or by using the Bill as a very important springboard ahead of the international summit later this year.
Q
Ali Plummer: From my perspective, one of the things the OEP can do is help bring a strategic overview of how some of this is working, to really drive and make regulation work a bit better in this country. One of the things regulation suffers from is underfunding and under-investment, to be honest; that applies particularly to bodies such as Natural England and the Environment Agency. Natural England has suffered huge budget cuts, and when it comes to its ability to properly regulate the things it is supposed to, it is struggling to fulfil some of its statutory duties. As a result, one of the things the OEP can do is take a much more strategic overview and hopefully provide a bit of insight and guidance—and enforcement, when needed—to make sure regulation is working effectively. It is not the OEP’s role to step in and perform the roles of these regulators, but it can take a much broader view and make sure the regulators are doing what they are supposed to be doing, and are properly upholding environmental law.
I need to bring the Minister back in. Ms McCarthy, do you want to come in briefly?
We are having a sitting on Thursday, when we may be looking at things such as the waste hierarchy, so I can probably save my question for that. It was mentioned earlier today that, because there is already technically a waste hierarchy that is enforceable in law, we do not need anything here. I would like to return to that, but I think we can do it at the Thursday sitting. I am flagging it up now in case Thursday’s witnesses are listening.
(4 years, 5 months ago)
Public Bill CommitteesMs Norberg, do you wish to add anything before I go back to the Minister?
Signe Norberg: I would like to add that our business members, who represent around £550 billion of global turnover, do support the Bill. They really want to see a robust environmental regime, because they fundamentally believe that environmental policies make clear economic sense for them. It is also better for the overall environment.
On why businesses want to see that happen, it does not just make clear economic sense; it also provides a stable environment in which they can invest in their workforce and in green products and services, and innovate their business model. If the Bill clearly sets out what is expected and by when, and what the targets are in the intermediate term to meet these objectives, it will help businesses to adjust their business model, where needed, but also to go beyond the targets.
We would certainly support some of the points that Ed has made about objectives. We would also like to see the interim targets strengthened further, because when you have certainty about what is going to happen in the next five years, it helps you also to look at the long-term targets that are 15 years ahead. If there is also something around remedial actions—so that when it looks like the intermediate targets are going to be missed, action will be taken—that will give businesses certainty around what is expected of their sector, but also about how they fit within the overall environmental framework.
Q
Signe Norberg: Certainly, and that stresses the importance of the interim targets, with the long-term targets being, as they should be, long term and indicating the direction of travel. The interim targets help to drive progress in the intermediate term, but also help us to see where we are and what we need to do to put us back on track. If we strengthen the interim targets, that will certainly be something that we know our businesses would welcome, because it not only provides the direction of travel but helps them look at their own model.
Martin Baxter: We fully support long-term targets because they give the strategic predictability and confidence for business to invest over the long term. The importance of interim targets is that they determine the pace at which we need to make progress, hence the need for a robust process for setting the long-term targets and involving businesses in the interim targets, to ensure absolute clarity about the likely investment needed to achieve progress at the rate we need. If we want to speed up progress, the question is, “How much will it cost and where will the cost fall?” We have to make sure that businesses are part of owning some of these targets, because they are the ones that will have to make the investment to deliver them. They have to understand what changes will be needed and what policy mechanisms might need to be introduced to ensure that that can all be achieved. That is where the role of interim targets and their link to environmental improvement plans, and the robustness with which those interim targets will be set, is really important.
Q
Edward Lockhart-Mummery: Absolutely. The objectives would guide how the targets and interim targets were set. The Secretary of State, when setting targets, would have to think how those targets would contribute to meeting the long-term objectives. That would be the legal mechanism. When stakeholders were having discussions with Government, everyone would understand the purpose of those targets and that would temper the discussion, because everyone would have a clear vision for what they were.
Objectives could also determine how principles and environmental improvement plans are applied in the Bill, so that when you are developing environmental improvement plans, you are also thinking, “What are we trying to achieve through this Bill?”, when you are applying principles and when the OEP is exercising its function. Thus, everyone is clear on the purpose of all those processes in chapter 1 of the Bill, which is the governance framework, and those objectives link to how the Government applies those processes, so that it is clear externally what we are trying to achieve. Then businesses, local authorities and other organisations know what we are trying to achieve through the Bill and know that when Government pull all those levers, it is all trying to go in a particular direction.
Q
Edward Lockhart-Mummery: We definitely support strengthening the targets. This is something we have discussed a lot in our group, and there are slightly different views of exactly how you do it. Some people would support the targets’ being legally binding, and others say that the final targets should be legally binding, but on the interim targets there needs to be more transparency. Then, if an interim target is not met, it could be that it triggers more of a reporting process, where the Government say, “We have missed the interim target. This is why, and this is what we’re doing about it,” rather than their being legally binding.
Potentially, if you made those interim targets legally binding, it could have perverse effects. Government might be a little less ambitious in setting interim targets, because it is always harder to know exactly what you are going to be able to do in the shorter term, particularly when some things require a lot of capital investment. If the target is to increase recycling rates, that requires a lot of capital investment or whatever.
There are some questions about exactly how you would set those interim targets. Because they are nearer term, it is more likely that the same Government will be in power when they are met, so what you do not want is for them to end up being very unambitious in setting the targets. A transparency mechanism would certainly be very good.
Q
“enhancing the coherence between the different governance elements so they are mutually supportive and aligned to drive environmental improvement to a common purpose”?
That sounds like management-speak. Can you try to bring it alive and explain what you really have in mind and what the benefits of it are?
Martin Baxter: Certainly. There are three key elements in the governance section of the Bill. First is the process for setting legally binding targets, and underpinning that is the significant improvement test in the natural environment. The environmental principles have a slightly different objective, on environmental protection and sustainable development. The Office for Environmental Protection has a different set of objectives as well. We think there is a real opportunity to set a common purpose in terms of clear objectives, as Ed has outlined, and to point all aspects of the governance process into achieving those. That is where we think you could get far greater coherence and cohesion between the different elements.
Q
Martin Curtois: Consistency of labelling could be one of the most significant changes in the right direction. At the moment you have this awful phrase, “widely recyclable”, and no one knows what it means. It could apply to one local authority and not to another. We would advocate literally a simplified traffic light system, whereby green is recyclable and red is not. I think the shock, for a retailer or producer, of having a red dot on its packaging would be such that it would want to avoid it. At a stroke, you would be improving recyclability straightaway.
That is one key element of it. It also drives people mad that they just do not know whether a product is recyclable or not, so you would get an improvement not only at the front end in terms of the manufacturers’ production, but in the materials we receive at the processing facilities. As you can imagine, we receive thousands of tonnes of materials a year. Anything that can be done to ensure that people are sorting it more efficiently at the outset will make our job of reprocessing it more straightforward.
Andrew Poole: For me and for small businesses, a lot of this legislation is generally about trust. The problem is that, if we do not get these things in place, everyone knows that the stick will come. There is an opportunity at the moment to be on the front foot. A lot of our engagement around the Bill has been about keeping businesses on the front foot and steering the legislation in a way that is beneficial to everyone. It is a case of giving all of these things a consistent approach, including labelling, for example. It is about trust in the outcomes of the legislation, and about making the right decisions. It is about trusting what they can see and seeing that the decisions are the right ones. It is important to have that transparency around the whole Bill.
Q
David Bellamy: We have not identified any shortcomings to date. Obviously, there are voluntary approaches. You mentioned WRAP, and there is also the UK food waste reduction road map. Companies are signing up to that in increasing numbers and manufacturers are making good progress. We are expecting a consultation on food waste reporting from the Department for Environment, Food and Rural Affairs soon, and there is no need for primary powers in the Bill to do that. There was talk of the potential for powers on setting targets down the track. I am not sure where the Government are on that at the moment.
We have not identified any shortcomings as such. The inertia is there with the UK food waste reduction road map, and knowing that food waste reporting is going to come in as planned as a legal requirement in line with the road map.
Q
David Bellamy: Yes. It is defined in the consultation, but certain companies of a certain size will be required to report their food waste. The idea is that they would do that in line with what they report under the road map, or what they do under Courtauld currently continues, so that there is no disconnect.
Q
David Bellamy: Yes. That is my understanding of the Government’s proposals.
Andrew Poole: Making it mandatory would be a sign of failure potentially at a certain level, in the sense that we can encourage them to do it voluntarily. I come back to the idea of making it easy for people to do it. Once we get to the mandatory stage we would then be arguing about issues. We picked on the reporting requirements of things like that. If it was risk-based and proportionate, that would be the way to go. We would hope that businesses in particular would be doing this voluntarily, to begin with.
Q
Andrew Poole: It is quite important with those big producers that many of these requirements are not pushed down through the supply chain. If you are a small supplier supplying a big supermarket, one of the requirements is to deal with a proportionate and risk-based reporting mechanism. That has to be borne in mind if you are targeting big supermarkets such as Tesco. They have to report everything, and the burden is passed down through those that supply them as well.
Q
Andrew Poole: I am saying it would have to be looked at quite carefully, so that the requirements were proportionate and the supply chain was taken into consideration as well.
Q
Andrew Poole: I come back to the point I keep making, which is that small businesses are signed up to this—in the broad concept. They want to do the right thing for the environment. They are human beings. What is increasingly important is that they want to demonstrate to their customers that they are doing the right thing. They are aligned with the broad concept of the Bill.
When it comes to those granular details, that is obviously what is going to make or break the Bill. Government must see small businesses as a partner for delivery at every stage where those decision have to be made. I suggest that the outcomes of this Bill will not be achieved without a fully engaged small business community playing a very active role in it. It is a plea to policy makers and legislators that small business views are taken into account fully when those decisions get made, at each stage.
(4 years, 5 months ago)
Public Bill CommitteesI beg to move, That the clause be read a Second time.
With this it will be convenient to discuss new clause 26—Smallholdings estates: land management—
‘(1) A smallholdings authority which immediately before the commencement of Part 1 of this Act holds any land for the purposes of smallholdings shall review the authority’s smallholdings estate and shall, before the end of the period of eighteen months beginning with the commencement of Part 1 of this Act, submit to the Secretary of State proposals with respect to the future management of that estate for the purposes of—
(a) providing opportunities for persons to be farmers on their own account;
(b) providing education or experience in environmental land management practices;
(c) providing opportunities for increasing public access to the natural environment and understanding of sustainable farming;
(d) contributing to a mitigation of climate change, including a reduction in greenhouse gas emissions,
(e) providing support for innovative food production techniques (including techniques which do not involve management of land), and
(f) providing opportunities for innovation in sustainable land management practices.
(2) No land held by a smallholdings authority as a smallholding immediately before commencement of Part 1 of this Act is to be conveyed, transferred, leased or otherwise disposed of otherwise than—
(a) in connection with the purposes listed in subsection (1); and
(b) in accordance with proposals submitted under subsection (1).
(3) For the purposes of this section, “smallholdings authority” has the same meaning as in section 38 of the Agriculture Act 1970.’.
This new clause would limit the disposal of smallholdings (“county farms”) by local authorities and would require local authorities to review their holding and submit proposals for future management to provide opportunities to extend access to farming, education, and innovation.
This revisits something that we discussed when the previous Agriculture Bill Committee met, but there have been some positive moves from the Government in respect of county farms since then. I am pleased that there have been quite a few indications of support, but we could do more, which is why I have tabled the new clause.
County farms are an undervalued national asset, and they could play a significant role in the future of UK farming. I have the support of the Campaign to Protect Rural England, Sustain and the Landworkers Alliance for the new clause, which is aimed at rejuvenating the county farms project and improving the information that the Department for Environment, Food and Rural Affairs holds on the estate. It would require councils to submit a report to the Secretary of State within 18 months of this Act’s becoming law, saying how they would make best use of their smallholdings to support new entrants to farming. We have heard, and it is generally accepted, that the price of land in particular can act as a real deterrent to new entrants.
The new clause also looks at promoting sustainable land management practices, sharing knowledge of those practices, and increasing public access to the natural environment and farming. The new clause is needed because there has been a steep decline in the county farm estate over the past 40 years, and that sell-off appears to be continuing. Between 2010 and 2018, the size of England’s county farm estate fell by more than 15,000 acres, with 58% of that sold between 2016 and 2018. If we want to reverse that trend, it is clear that we need a fresh approach, rather than business as usual, and I hope that the new clause will kick-start that.
There was a session—I think it was of the Environment, Food and Rural Affairs Committee, but I get confused sometimes, because we also discussed this at the all-party parliamentary group on agroecology for sustainable food and farming—where Cambridgeshire County Council was spoken of. It does really good work on this front. Its estate generates a substantial income for the council of more than £4 million each year, and since 2009, the 109 new tenants who have joined the estate have an average age of 30, which is half the UK average.
We spoke earlier—I think it was when we were talking about de-linked payments and other things—about the average age of farmers in this country and how we really need to bring a new generation on board. County farms seem to be doing that in Cambridgeshire. The estate is also supporting a pioneering agroforestry farmer, Stephen Briggs.
At the very least, I hope the new clause will encourage councils to look favourably on including enhanced management and environmental obligations as part of the tender process and management. This is about not only allowing access to land through the county farm movement, but encouraging people to farm in a certain way. CPRE’s recent report on county farms highlighted the fact that a number of councils already view their estates as a crucial lever in responding to the climate emergency.
As I said at the beginning, we have had some promising words from the Government, but we have not had action yet, and the Bill is still completely silent on this. The now Secretary of State told us in the Agriculture Bill Committee back in October 2018 that he was considering whether to use funds under the productivity strand of the Bill to refresh the model. In January 2019, I chaired a session at the Oxford Real Farming Conference, interviewing the then Secretary of State on stage. It must be said that all the promises he made then went down very well.
One of those promises was to announce a new package of financial support for county farms in the coming months. He reaffirmed that promise in a letter to the EFRA Committee in March 2019, stating his desire to
“create a financial incentive for local authorities who want to invest in their council farms”.
In September, that promise was repeated, this time in response to a written question that I asked the current Secretary of State.
While I warmly welcome the statement in the “Future for Food, Farming and the Environment” policy statement published last week that the Department
“will offer funding to councils…who want to invest in creating new opportunities for new-entrant farmers”,
when can we expect some firm detail on the timetable of financial assistance that will be offered? In the meantime, based on the language in the policy statement, I see no reason that the new clause, which is designed to encourage new entrants and sustainable farming, would not help the Government to achieve their desired outcome.
I thank the hon. Member for Bristol East for tabling the new clause and look forward to working with her on how we can support smallholding authorities to invest in, and commit to, their county farms. We want to help them to provide more opportunities for new entrant farmers and to continue to offer the wider environmental and public benefits.
I am concerned that the new clauses would constrain smallholding authorities’ ability to manage their estates effectively and would create an additional administrative burden. Rather than legislating, I would prefer to work collaboratively with smallholding authorities. We want to support them to manage their estates so that they can provide more opportunities for new farmers and existing tenants, as well as for the benefit of the wider public.
I hope that the hon. Lady is assured by the document published last week and that she will continue to talk to me. We will continue to talk to smallholding authorities about how we can take things forward. I therefore ask her to withdraw the motion.
I have already responded fairly fully to the hon. Member for Bristol East and I feel that the Labour Front-Bench amendment is strikingly similar. I have said all I need to say on this subject.
I hope we can continue the dialogue about county farms and that we can see some concrete action from the Government. Given what the Minister has said, for once I will take her at her word that she has leapt upon this and I will not push the measure to a vote. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 6
Quality schemes for agricultural products and foodstuffs
“(1) Subsection (2) applies to any function of the Secretary of State under—
(a) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (“the EU Regulation”),
(b) the delegated and implementing Regulations,
(c) any regulations made by the Secretary of State under the EU Regulation, and
(d) any regulations made under section 2(2) of the European Communities Act 1972 relating to the enforcement of the EU Regulation or the delegated and implementing Regulations.
(2) The Secretary of State may exercise the function only with the consent of the Scottish Ministers.
(3) In subsection (1), the “delegated and implementing Regulations” means—
(a) Commission Delegated Regulation (EU) No 664/2014 supplementing the EU Regulation with regard to the establishment of Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules,
(b) Commission Delegated Regulation (EU) No 665/2014 supplementing the EU Regulation with regard to conditions of use of the quality term “mountain product”, and
(c) Commission Implementing Regulation (EU) No 668/2014 laying down rules for the application of the EU Regulation.
(4) The references in subsection (1) to the EU Regulation and the delegated and implementing Regulations are to those instruments—
(a) as they have effect in domestic law by virtue of the European Union (Withdrawal) Act 2018, and
(b) as amended from time to time whether by virtue of that Act or otherwise.”—(Deidre Brock.)
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
The new clause is about protected geographical indictors. They are a vital part of the business plan of many of Scotland’s top food producers and many food producers in other nations. They are a guarantee of quality and of the care and skill that goes into their production.
I am sorry to say that I remain to be convinced that a UK system would be any kind of replacement or match for the EU system, but the UK Government still intend to create their own new system instead of sticking with the EU system, as I understand they could have done. It therefore seems sensible to me to make sure that the new scheme properly serves producers who have the full protection under the current scheme, and any new producers wishing to get geared up for it.
To protect Scottish producers, it seems sensible to ensure that there is input from the Scottish Government to the new scheme. The new clause would simply ensure that the views of Scottish Ministers are properly considered in the exercise of functions under the scheme. It reflects and respects the devolution settlement and is measured.
Yes, the Government are up to dealing with the climate crisis and are determined to do so, and yes, we agree with the hon. Gentleman that there is no more important thing that we should be doing as a Government.
I am really proud that the UK became the first major economy in the world to set a legally binding target to achieve net zero greenhouse gas emissions from across the UK economy by 2050. We already have a strong foundation of action and leadership to build from, having cut our emissions by 42% since 1990 while growing the economy by 72%. That does not mean that we are complacent or that we do not recognise that there is a great deal more to do, urgently.
I am going to make some progress.
Climate change is a global challenge, requiring action across the whole economy. We do not have sector-specific targets. That is to ensure that we meet our climate change commitments at the lowest possible net cost to UK taxpayers, consumers and businesses, while maximising the social and economic benefits to the UK of the transition.
We have set out a range of specific commitments, in the 25-year environment plan and under the clean growth strategy, to reduce emissions from agriculture. That includes strengthening biosecurity and control of endemic diseases in livestock, and encouraging use of low-emission fertilisers. However, we know that, to achieve net zero, more is needed from the sector. We are looking to reduce agricultural emissions controlled directly within the farm boundary with a broad range of cost-effective measures, primarily through improvements to on-farm efficiency and land use change.
The new ELM scheme will help us to contribute to our net zero commitment by providing farmers with an opportunity to receive financial reward for delivering a range of public goods. We already report on climate change performance under the Climate Change Act 2008 and the convention on biological diversity. Additional reporting as required by the new clause would place an unnecessary burden on the Government without delivering significant new information to Parliament.
(4 years, 5 months ago)
Public Bill CommitteesI rise to support everything that my hon. Friend the Member for Cambridge has said on new clause 1. I shall also speak to new clause 4, which was tabled by the hon. Member for North Dorset (Simon Hoare), with the support of many of his Conservative colleagues. At the moment, I am the only Labour Member whose name has been added to it, but I am sure that many others would join me on Report.
Some of us sat on the Committee that considered the first draft of the Agriculture Bill in the last Parliament. I was also on the Environmental Audit Committee and the Environment, Food and Rural Affairs Committee, as well as part of as various all-party parliamentary groups, and there were also debates on these matters in the Chamber and at oral questions. Ministers, including the then Secretary of State for the Department of Environment, Food and Rural Affairs, the Farming Minister and, at various points, the International Trade Secretary, gave us verbal reassurances.
There was a bit of a trajectory, because in the early days, we could get Ministers to say only that UK standards would be protected. Eventually, after lots of prompting on our part, some of them—although certainly not on the International Trade side—said that that also applied to imported goods. The Minister needs to reflect on why it is very clear, as my hon. Friend the Member for Cambridge said, that those assurances are not believed. The absolute fact of the situation is that everyone, from the NFU to environmental and consumer groups, wants those things enshrined in law, as do the Conservative Members who have signed the new clause.
The Minister has talked about including those assurances in a trade Bill, but when the Trade Bill was introduced to Parliament, we were fobbed off. We tried to get something in there, but were told that it applied only to current trade agreements and not to future ones, although some legal opinion said that it did. When we tried to discuss that during the passage of the European Union (Withdrawal) Bill and all the discussions about Brexit, we were told that it would pop up somewhere else. That game of musical chairs just does not wash with people. We want to see this measure in the Agriculture Bill because it specifically relates to food standards and animal welfare, as we have heard in detail.
I remember trying to bring the matter up during arguments about the Transatlantic Trade and Investment Partnership, way before Brexit. The then Member for Streatham, who was our shadow Business Secretary, made great play about the NHS being at risk under TTIP. When I started trying to talk to him about chickens, he looked at me as if to say, “What on earth is she on about now?” Now, the chickens have come home to roost—metaphorical chickens—and everyone knows about the issue, but nobody is convinced that the Government are willing to support preventive measures.
We spoke earlier about articles in the Daily Mail and The Guardian. I will quote a Guardian article from 6 March—hon. Members are probably ready to sneer at it—which said:
“Agriculture in the US remains quite backward in many respects. It retains a position of resisting more information on labels to limit consumer knowledge and engagement.”
The vested interests involved in the US food sector are absolutely immense, with huge lobbying efforts and huge amounts of disinformation and press work. The article continues:
“Its livestock sectors often suffer from poor husbandry, which leads to more prevalence of disease and a greater reliance on antibiotics”,
which we know is an issue.
“Whereas we have a ‘farm to fork’ approach to managing disease and contamination risk throughout the supply chain through good husbandry, the US is more inclined to simply treat contamination of its meat at the end with a chlorine or similar wash.”
The article continues:
“In the US, legislation on animal welfare is woefully deficient.”
That article was penned by the now Secretary of State at the Department for Environment, Food and Rural Affairs, during the brief hiatus after he left the Government in February 2019. He immediately turned to The Guardian to make known his views on just how worried he was about US animal welfare.
Does the hon. Lady understand that the US actually consumes most of its own beef? Only about 13.5% of its beef is exported, mainly to Japan and the far east. There is not a great stockpile of American beef looking for a market, either in the UK or the EU.
I am not sure that that is particularly relevant. At the moment there is a ban on hormone-pumped beef entering our markets. The UK is the third biggest market in the world for food imports. It is clear that if the doors were open, there would be a potential market here and the US would be very keen to get into it. Most of the discussion on trade deals so far has not been about the beef sector anyway.
As my hon. Friend the Member for Cambridge has already said, at about the time that the now Secretary of State wrote that article, he also tabled what are now new clauses 33, 34 and 35 to the then Agriculture Bill. Why would he do that? He had made the arguments in public. He did a sterling job trying to defend the Government’s position during the first sitting of the Agriculture Bill. He came across as reasonably sincere, but the moment he had the freedom to say what he really thought, he went to the press and wrote an article in The Guardian outlining clearly and eloquently what his concerns were. He did not seek verbal reassurances from the Government; he sought legislative reassurances. So if it is good enough for the Secretary of State when he is allowed free rein to say what he feels, I am sure the Minister can understand why many of her colleagues on the Conservative Back Benches and Opposition Members also agree with him.
I agree with much of what the previous speakers have said. New clauses 1 and 4 are grand in their way and I will support them, but we have to go further. I want to see the standards of the EU maintained, but perhaps that is for a different debate. However, it is possible to write it into domestic law that imports have to match the sanitary and phytosanitary standards of the WTO.
The WTO agreement on the application of sanitary and phytosanitary measures is clear that science has to underpin the standards to protect human, animal or plant health. The agreement allows states to protect their food supplies and the imports of supporting products to the benefit of citizens. I know the argument will be that Ministers seek to protect citizens, but we do not know that that will always be the case. We should seek to ensure that citizens have the confidence to believe in this measure and in future Governments, and in the commitment to protecting foods and health. Citizens should also have the right to understand how Governments intend to do that and should have the ability to challenge them if necessary.
The SPS agreement allows standards to be set, so we should have them set. That would have allowed Ministers to assure the public that animal welfare and plant health would be maintained, and that imported food would be of a standard that we could rely on for health and the protection of life. As NFU Scotland recently pointed out, assurances around priorities in negotiations work only if the US upholds its side of the bargain. It stated:
“After all, there’s no point having a level playing field if the two sides are playing to different rules.”
I therefore support new clause 7.
I thank hon. Members for tabling these new clauses. I genuinely appreciate the opportunity to talk once again about the importance of food standards. The hon. Member for Bristol East will never find me sneering at or questioning the importance of food standards. This is an important debate, and it is right that we have it here, and while considering other Bills, as we move to a new world where we have left the EU and hopefully have free trade agreements with many other countries.
I welcome the opportunity to reiterate the Government’s commitment to not lowering our standards as we negotiate new trade deals. The Prime Minister has consistently stated that we will not compromise our high environmental, food safety or animal welfare standards now that we have left the EU. We made that commitment in our manifesto, and my right hon. Friend the Secretary of State for International Trade reaffirmed that commitment to the House earlier this week in respect of a US trade deal.
I will give way, but I have a long speech and a lot to cover.
I am sure the Minister does, but the problem is that I suspect I know what she will say. To cut to the chase, given that it would make everybody so much happier if that commitment was in the Bill, what is the reason for its not being?
I will set out the Government’s position on that. The hon. Member for Cambridge was kind enough to say that I was an esteemed lawyer. I do not know whether that is true, but I am certainly a very experienced Government lawyer, and I gently say that the purpose of primary legislation is not about making people happy, although the purpose of the policy behind it might well be that. We come at this from the same place: we all like high standards in British agriculture and want to support our farmers. However, I will set out why the Government have come to this conclusion, which will take some time, I am afraid, and I will deal with the point made by the hon. Member for Bristol East.
To deal with the point made by the hon. Member for Bristol West, we are retaining existing UK legislation, and at the end of the transition period, the European Union (Withdrawal) Act 2018 will convert on to the UK statute book all EU food safety, animal welfare and environmental standards. That will ensure that our high standards, including import requirements, continue to apply.
The hon. Member for Cambridge said I was an esteemed lawyer—who knows?—and also that he was waiting for a letter from the Department. I am certainly an experienced enough lawyer not to wish to interfere in that process. If a letter is being drafted, I will make sure to look at it. However, he asked specifically about hormone-treated beef and washed chicken. I will give him the directives and the way they are transposed into British law as I see it. The top line is that all EU law on food safety standards was carried over by the 2018 Act.
EU Council directive 96/22/EC, as amended, which bans the import and production of hormone-treated beef, was transposed into UK law through national legislation. It is found in various regulations, including the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015; Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019; and the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016. I will write to the hon. Gentleman on that, because I do not expect him to take a note of all those, or the Secretary of State will write to the shadow Secretary of State. I do not want to interfere in that letter-writing process.
On the washing of poultry, European Union controls on the surface decontamination of poultry—regulation 853 /2004—will be retained through the 2018 Act, and have been made ready to be carried over into UK law immediately after the transition period through the Specific Food Hygiene (Regulation (EC) No. 853/2004) (Amendment) (EU Exit) Regulations 2019, which will maintain the status quo that no product other than drinking water is currently approved in the EU to decontaminate poultry carcases. That will remain the same in the UK. I will write to the hon. Gentleman properly about that, so that he has the details. It is complicated, as he says.
The regulations I have mentioned include artificial growth hormones for domestic production and imported products, and we would require legislation to change those regulations. Both hormone-treated beef and washing of poultry are covered. The Government have said that any future deals must respect our regulatory autonomy, which means that we will not sign agreements that threaten our ability to set our own high standards, of which we are proud. Our standards are driven by consumer and retailer demand and frequently go above current regulatory standards; most of us would welcome that. The Agriculture Bill will help to ensure that we continue to maintain those high standards in line with the needs of our farmers, retailers and consumers.
(4 years, 5 months ago)
Public Bill CommitteesI beg to move amendment 62, in clause 17, page 14, line 32, at end insert—
“(f) food insecurity.
(3) For the purposes of this section ‘food insecurity’ means a person’s state in which consistent access to adequate food is limited by a lack of money and other resources at times during the year.
(4) Before laying a report under subsection (1) the Secretary of State must—
(a) consult the Scottish Ministers, the Welsh Ministers, the relevant Northern Ireland department, and such other persons as the Secretary of State considers appropriate, and
(b) have due regard to international best practice on food insecurity, including but not limited to the United States Household Food Security Survey.
(5) A report under subsection (1) must include—
(a) an assessment of trends in food insecurity, broken down by different parts of the United Kingdom and different regions of England, and
(b) a summary of actions to be taken in areas of high food insecurity by the UK Government, the Scottish Government, the Welsh Government or the Northern Ireland Executive.
(6) The Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the relevant Northern Ireland department before preparing a report under subsection (1).
(7) In this section—
‘parts of the United Kingdom’ means—
(a) England,
(b) Scotland,
(c) Wales, and
(d) Northern Ireland;
‘regions of England’ has the same meaning as that used by the Office for National Statistics.”
Amendment 62 was initially tabled in the name of my hon. Friend the Member for South Shields (Mrs Emma Lewell-Buck), but it has support from at least three parties. I pay tribute to her and the work she did on the all-party parliamentary group on hunger with the former Member for Birkenhead, which led to the establishment of Feeding Britain and its offshoots, such as Feeding Bristol. I am pleased to have been involved in that.
My hon. Friend the Member for South Shields introduced a private Member’s Bill a while ago, and as a result of that pressure the Government agreed to measure household food insecurity as part of the family resources survey. The first data will be available in 2021. In a recent press release, she referred to the amendment saying that
“there is no commitment…that the measure will continue for future years, nor that the results of the survey they are conducting will be laid before Parliament for scrutiny.”
The point of amendment 62 is to try to give some certainty. As she says, we have seen
“devastating levels of hunger right across the UK”
and the UK has been
“dragged kicking and screaming into agreeing to measure food insecurity”
but we do need a degree of certainty about it.
As to the Minister’s comments on the welfare system, a Department for Work and Pensions Minister in the House of Lords said yesterday that there is “no doubt” at all that universal credit has driven people towards using food banks. Many people who use food banks are experiencing in-work poverty. We have had examples of people who work for Tesco selling cheap food but who are still not being paid enough, particularly if they are casual workers or on zero-hours contracts, and the welfare system is not flexible enough to adapt to that. Clearly we have a crisis. As my hon. Friend the Member for South Shields says:
“It is clear urgent action is needed. To keep ignoring this issue is a shameful dereliction of duty.”
We need firm data. Amendment 62 would give the Government the tools they need to identify the key drivers of food bank use in detail, as well as which groups in our society are most likely to request emergency food parcels. It will shine a light on the number of people who, year-on-year, go several days without food, as well as on others who skip meals due to lack of money or parents who sacrifice their own meals to feed their children—not all of them will be food bank users. In the past, the Government have been sceptical of data produced on food bank use by, for example, the Trussell Trust. That is all we have been able to rely on. It has become a proxy measure for hunger and food insecurity, but there will be many families who rely on broader programmes of support. Feeding Bristol had a holiday hunger programme to compensate for the fact that children do not get access to free school meals during the long summer holidays. That would not necessarily be picked up by the food bank data, because food distributed with play schemes and so on.
It is a pleasure to follow the hon. Lady, and I welcome her to her place. I thank the hon. Member for Bristol East for the amendment, and I recognise the commitment of the hon. Member for South Shields in her important work around food insecurity and in ensuring engagement with the devolved Administrations on the amendment.
We are planning to include a theme on household food security, which is clearly set out in subsection (2)(d). As part of that theme, we will be considering the key indicators that help us take a view on food insecurity and why it happens. I hope that the hon. Member for Bristol East will understand that we do not intend to list in the Bill all the data sources we will use in the report, as it would make the Bill unhelpfully unwieldy.
As I said on a previous amendment, our purpose in producing the report is to set out our analysis of the widest relevant sets of statistics relating to food security in the UK, ranging from global UN data to UK national statistics. Many of those data sets are only published at UK level, so breakdown to the devolved Administration area or regional level will not be available in all instances. We will not commit at this stage to the precise data we will use, but all available relevant data will be considered, including breakdown by devolved Administration area if appropriate.
It is our intention that the report will inform discussion and debate about UK food security, both across Government and with wider stakeholders—that is why we are doing it. I assure the hon. Lady that we will of course consider the themes covered in the report, and the analysis, evidence and trends within it, with all sorts of stakeholders, including the devolved Administrations. We have well-established forums for discussion of that nature. Introducing a more formal requirement for a consultation for Ministers with Scotland, Wales and Northern Ireland before the report is even laid is therefore unnecessary.
I hope that clarifies the intention of the clause and provides the hon. Lady with sufficient assurance. I ask her to withdraw the amendment.
The problem with subsection (2)(d) is that it just talks about
“household expenditure on food (including in comparison to expenditure on other items)”.
As we have outlined today, that does not go anywhere near looking at the scale of the problem and the many factors that contribute to food insecurity. I am not prepared to withdraw the amendment.
Question put, That the amendment be made.
(4 years, 6 months ago)
Public Bill CommitteesIt is a pleasure to follow my right hon. Friend, who as ever makes some very valid points. Animal welfare is important to us all, and I am proud that, broadly speaking, it is also very important to farmers in this country.
Touching briefly on the issue of live exports, as I imagine the hon. Member for Cambridge knows, the Government has a manifesto commitment to end excessively long journeys for animals going for slaughter or fattening. We have said to date that we are actively looking at this important issue, and I understand that a consultation is planned imminently for this spring, so that we can take it further as quickly as possible.
I can reassure the hon. Gentleman very clearly, and not just by nodding, that there is no intention that payments will be issued to farmers for achieving basic welfare standards. The Government are world leaders in animal welfare, and are committed to retaining that status by maintaining and strengthening our standards, as part of a comprehensive series of measures to improve animal welfare. Using the powers in this Bill, we are developing a scheme that aims to improve welfare. As part of that, we are exploring a one-off grant system that will help farmers to improve welfare on farms, and might well include some of the suggestions made by the hon. Member for Cambridge, which we discussed earlier in our consideration of the Bill.
For clarification, would that grant system be for capital expenditure to change the animals’ accommodation? If so, does the Minister envisage that there will be ongoing revenue-type subsidies to maintain the higher welfare standards, or is it just capital that is being looked at?
I envisage the specific grants that I was just talking about as payments to enhance buildings, for example, or for other welfare issues. However, the hon. Member is right to mention other means of paying for welfare, and it is true that the Bill is currently flexible. I expect that we will get into the detail of that sort of issue as we progress with devising the schemes to improve animal welfare. She is right to highlight that issue, and should make whatever points she wants to as we devise the schemes. We are exploring a payment-by-results scheme, under which farmers could receive ongoing payments for delivering specific animal welfare enhancements that are valued by the public but, as the hon. Member for Cambridge said, not yet sufficiently valued by the market. The hon. Member for Bristol East is therefore right to continue to make whatever points she wants to in that space.
The amendment would restrict in primary legislation what will be included in the new scheme before those involved in the industry, as well as the Animal Welfare Committee, have had the opportunity to have their say. What defines enhanced animal welfare must be designed in consultation with those involved, so that the schemes deliver the best possible outcomes for consumers, the industry and, most importantly, the animals themselves. Our understanding of animal welfare today is far ahead of where it was when I was growing up on a farm, or 20 or 30 years ago. It would be short-sighted of us to set out requirements in legislation for payments, as it would restrict our ability to develop or amend schemes, such as the enhanced animal welfare scheme, when more evidence becomes available.
Turning specifically to amendment 42, improving the health of the national livestock, herd or flock, requires widespread co-ordinated action. We intend to launch the first schemes to improve the health of farmed animals from 2022 to 2023, concentrating on endemic diseases. We are co-designing schemes with farmers and vets, prioritising cattle—both dairy and beef—sheep, pigs and poultry, with the intention to widen participation to other species. Previous experience has shown that, without action being taken by the majority of farmers, efforts to control disease and improve health do not achieve very much.
That action does not have to be significantly above the legal standards to be very effective, but it does need to be part of a concerted effort on the part of farmers and others, which can, of course, include central Government. We are worried that the amendment would restrict us to providing financial assistance only, in effect, to better-performing farmers. Actions such as tackling endemic disease are best done when a large proportion of farmers and livestock owners are involved. If we limit the number of those who can benefit from a scheme, we will not be as successful in achieving our goals.
The hon. Member for Cambridge teased out the question of what constitutes a significantly higher standard of animal health. There is no single measure of animal health at the moment, and different actions to improve it will have different levels of public and private benefits. I am sure that we will continue to discuss such matters. At the very least, the amendment would make an important part of the financial clause difficult to work in practice, and could go so far as being counterproductive. I therefore ask the hon. Gentleman to withdraw the amendment.
(4 years, 6 months ago)
Commons ChamberThe Bill will establish the Office for Environmental Protection, which will have the power to take public bodies to an upper tribunal if there are breaches of the law. Of course, there are remedies in such a process through the usual mechanism of court orders.
The Bill sets out a framework for setting and taking concrete steps towards achieving our ambitious, legally binding long-term targets, and chapter 2 will establish that new, powerful independent Office for Environmental Protection to provide expert, objective and impartial advice on environmental issues and to take a proportionate and transparent approach to issues of national importance concerning the enforcement of environmental law. The OEP will hold this and every future Government to account by reporting on the progress we have made to improve the natural environment, as set out in our published evidence-based environmental improvement plans and targets.
I am going to make some progress.
The annual progress report we published last May showed that 90% of the highest-priority actions from our first 25-year environment plan, which will become our first improvement plan, have either been delivered or are on track. We have heeded the advice of both the Environmental Audit Committee and the Environment, Food and Rural Affairs Committee, and I look forward to continuing to work closely with my hon. Friend the Member for Tiverton and Honiton (Neil Parish) and my right hon. Friend the Member for Ludlow (Philip Dunne). The OEP will enforce compliance with environmental law where needed, complementing and reinforcing the work of the world-leading Committee on Climate Change.
(4 years, 6 months ago)
Commons ChamberIt is a pleasure to follow the hon. Member for Runnymede and Weybridge (Dr Spencer), who certainly has big shoes to fill. The way he talked about how his experiences in his previous professional life led him to want to make change in this place was particularly poignant. We may find that we could have a conversation about music at some point, although I maintain that I was never a goth. There is a local satirical magazine in Bristol that has nicknames for all the local politicians, and I am invariably referred to as “pint-sized goth MP Kerry and ‘the Banshees’ McCarthy”.
This Bill concerns the technical and mechanical arrangements for putting these measures into law. However, a real lack of vision surrounds not only this hefty piece of legislation but the Government’s general approach. I am increasingly concerned that we are not showing leadership in the run-up to COP26. We have not had a statement from the Government since the election or since the COP president was replaced by the Business Secretary, and there is so much more that could be done in showing global leadership on the climate and ecological emergencies.
On the Bill specifically, the four principal concerns raised on Second Reading last October, as well as by the Environmental Audit Committee and the Environment, Food and Rural Affairs Committee during pre-legislative scrutiny, have not changed. There is still no substantive commitment to non-regression in environment law, and until that is included the Government’s verbal commitments on maintaining standards are, frankly, difficult to believe. The Secretary of State spoke at the National Farmers Union conference today, and he knows that the farming community is very much of that mind when it comes to the Agriculture Bill, but the concern spreads much wider among environmental groups as well.
The clause on environmental principles—clause 16 —needs to be strengthened. It is not good enough that Ministers must simply have only due regard to them. It is also a significant step backwards compared with the arrangement we had within the EU.
The lack of urgency on targets is deeply worrying. The interim targets are not legally binding. The long-term targets do not need to be set until 2022, and potentially cannot be enforced for almost two decades. We do have to have short-term milestones; otherwise, we will just see action delayed again and again, and there will be no mechanism for holding the Government to account. As has been mentioned, it is also quite worrying that the Secretary of State has the power to revoke or lower a target with very little scrutiny.
I would like to see much stronger action on land use in this country, particularly urgent action on natural climate solutions. There tends to be an awful lot of talk about planting trees, but that in itself is not enough to compensate for the damage that is being done to our environment. I was at a very interesting event with the all-party group on net zero yesterday, when I think it was said that natural climate solutions could account for 0.25 °C of trying to limit the rise in global warming to 1.5 °C or 2 °C.
We need to look at protecting and restoring our peatlands, salt marshes and other carbon sinks. This was mentioned in the Agriculture Public Bill Committee yesterday. Apparently, there are various strategies around, and it all seems quite piecemeal. My concern is how we hold the Government to account if there is a certain amount of provision in legislation, but also lots of other documents that are not legally binding and cannot necessarily be challenged in Parliament. In some ways, that could muddy the water in relation to what we are trying to achieve.
I will not go into detail about the Office for Environmental Protection, other than to say that I hope it is still coming to Bristol. It does need more independence and more power. It needs to be properly resourced, because there is no point in its having the power to conduct its own investigations unless it is actually given the resources to carry out those investigations properly. It must also be given the power then to impose fines. I hope the Government will consider this in Committee.
Alarmingly—this was mentioned in passing in an intervention—in the year we are set to host COP26 and there is also the international biodiversity conference in China, the Bill is completely silent on the UK’s global environment footprint. We cannot just try to put our own house in order when we are a global nation—we are trading, we are importing and exporting—and having a considerable impact often on countries that are contributing very little to climate change themselves.
We need a target to reduce our overseas impact, including specific action on deforestation. It is a sad reality that economic activity by the UK, whether via finance or imports, has played a significant role in the destruction of the world’s forests to produce food. Last year, Global Witness identified that UK-based financial institutions have been the single biggest source of international finance for six of the most harmful agribusiness companies involved in deforestation in Brazil, the Congo basin and Papua New Guinea, providing a staggering £5 billion in finance over the last six years. Meanwhile, UK imports of commodities such as beef, leather, soy, palm oil and timber have been shown by the World Wide Fund for Nature and the Royal Society for the Protection of Birds to take up an area of land—land associated with deforestation—more than half the size of the UK.
That is why I completely support the calls by the WWF and Global Witness to amend the Bill to include a mandatory due diligence obligation, which would require a business to identify and assess the nature of the actual and potential adverse impact of its activities on the environment and human rights, both domestically and internationally, as well as throughout its supply chains and investment chains. It would also require a business to take appropriate action to avoid, mitigate and remediate the negative impacts identified and assessed; to cease operations and investments where impacts cannot be adequately mitigated; and to report on implementation of the due diligence plan, including the actions taken and the effectiveness of those actions. I hope to serve on the Public Bill Committee, and if so, I will be seeking to put forward amendments that tackle this.
To conclude, it is not enough just to be planting trees in our own backyard if we are contributing to the deforestation of vast swathes of the Amazon abroad.