Farm Subsidies

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Wednesday 30th October 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, there has always been a tradition of transporting live animals for breeding and other matters that we have done with our great stock over many years, but we are concerned about transport arrangements and about moving animals for slaughter away from our shores. These are matters that we will be attending to. We will be working with the Farm Animal Welfare Committee, as well as industry, retailers and welfare groups, to develop proposals on enhancing farm welfare standards because we think that the British farmer has a very good reputation that we wish to enhance.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, while it is extremely important for British farmers to help restore the balance between the use of the land and introducing wildflower meadows to ensure the return of insects and birds, this must be balanced with food production. There will be a cut to direct payments, which the Minister has already referred to, that is to come in in 2021, and the payments will have been eradicated by 2027. Farmers previously receiving £30,000 will see a 5% cut in the first year, while those receiving payments of up to £150,000 will see a 25% cut. Does the Minister agree that those who nurture the land for biodiversity as well as for producing food should be rewarded for doing so?

[Lord Gardiner of Kimble]

My Lords, as I have said, we will be testing and trialling the environmental land management scheme that is to come in in 2024. We will also bring forward a countryside stewardship agreement between now and 2024. We believe that in the future, farmers will be well placed through their participation in the new ELM scheme. However, the noble Baroness is right to say that there is a balance to be struck; we require our excellent food to be grown for home consumption and for export, and we need to do that within the prism of enhancing the environment.

Single-use Plastics

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Tuesday 1st October 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the noble Lord is right to raise the oceans. As 80% of the waste in the oceans comes from the land, the first thing is to stop it getting there. I understand that currently in this country 70% of plastic drink bottles are collected for recycling. I mentioned the deposit return scheme because other countries which have reintroduced it have got up to over 90%. That is why we are actively working on the options and are having further consultations. These things take time, because industry will require new infrastructure to undertake this, and we want it to land well when it starts.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, since the ban on plastic cotton buds and the use of microbeads in cosmetics, which the Minister referred to in his earlier Answer, there appears to have been a bit of a lull in action on plastics. Despite some manufacturers making changes to their products, we are still seeing a large number of plastic straws in pubs and bars, despite what the Minister said. Is it not time that the Government published a list of those who do not take this matter seriously and are still using single-use plastics?

[Lord Gardiner of Kimble]

The noble Baroness is right that a number of responsible companies have already started to remove plastic prior to the ban in April 2020. I encourage all manufacturers to think about this so that we achieve a ban with people stopping voluntarily. On lists, and more positively, if I had time I would read out the very long list of manufacturers and retailers that are engaging in this, on some of the issues such as black plastic or using alternatives. We need to work with industry and encourage it, and obviously some of the fiscal measures we are proposing are all about, for instance, reducing plastic packaging.

Peatlands: Commercial Exploitation

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Monday 9th September 2019 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, specifically on commercial peat extraction, as my noble friend Lord Teverson said, this is causing irreversible damage to some of the most historic and vulnerable nature conservation habitats and environments, so 2030 is too late to tackle this problem. Wonderful wetland habitats are being created from previous peat workings, such as at Westhay Heath. Why are the Government not doing more to promote such schemes to preserve more wildlife habitats?

[Lord Gardiner of Kimble]

My Lords, I am pleased to say, as I think I may have said before, that we have already allocated £10 million to restore nearly 6,500 hectares of degraded peatland. These projects started last year and are due to complete in 2020. They are about raising the water table and re-wetting peat, along with the revegetation of bare peat. A lot of work is going on and we absolutely recognise that we need to roll these large-scale projects out more widely.

Brexit: Food Standards

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Wednesday 4th September 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, particularly with animal welfare and agriculture, legal requirements that prevent the import of certain animal products will continue. Indeed, that is justified under Article XX of GATT. All imports of meat products must meet UK animal welfare slaughter requirements and come from an approved slaughterhouse. The Government have made it clear that the existing health and food safety restrictions on hormone treatment, antibiotics and chlorinated chicken will remain in place.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, given the plethora of health identification marks that will be needed for food products of animal origin should the UK exit the EU without a deal, there is considerable concern about the impact this will have on small farmers and producers. The larger conglomerates will manage, but the smallholders will struggle. What are the Government doing to ensure the public and farmers are protected from this confusion?

Plastic Bag Charge

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Monday 17th June 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the noble Baroness is right that one of the complications is that certain wrapping increases how long produce lasts and stops food waste, so we need to look at these things thoroughly. We also think that those producing the packaging should be responsible for the costs of clearing these matters up—that is what we are consulting on at this very moment. The consultation is important because we need to reduce plastic packaging.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, there are now many biodegradable carrier bags being used by small retailers who handle food, including butchers. These bags are alleged to degrade in landfill in 12 to 24 months. Surely if these bags are going to landfill, this somewhat defeats the object of the tax. Do the Government plan to extend the 10p tax to biodegradable bags, and are they aware that such bags contain additives to accelerate the degeneration process? Can the Minister assure us that these are not harmful to those who have eaten food that has come into contact with these bags?

[Lord Gardiner of Kimble]

On the last point first, it is important that research is going on, including at EU level, on certain types of degradable plastics—precisely because of chemicals and microplastics. Again, this is not a straightforward matter where we can just press a button and get something resolved. We need to worry about the unintended consequences. A lot of work is going on on these points and I will write to the noble Baroness in some further detail on her first point.

Kew Gardens (Leases) (No. 3) Bill [HL]

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

3rd reading: House of Lords
Tuesday 11th June 2019 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I would also like to thank the Minister and Defra officials for their time and patience in providing the very useful briefings. These were very welcome and greatly assisted the process of understanding what the Bill was about for those of us not steeped in the history of Kew. Many of your Lordships are, and it was a great comfort to know that so many Kew experts were taking part in the debate, thus ensuring that this short Bill was improved and provided the necessary requirements.

[Lord Gardiner of Kimble]

In the spirit of what I said before, I want to place on record again that what the noble Baronesses have said is precisely what I feel we are intended to do: to look at these matters and decide a way forward. I was very pleased to play my part in getting the resolution we all wanted: to ensure that this unique scientific institution is properly safeguarded. I am most grateful to noble Lords because we have a Bill we can all be proud of.

Office for Environmental Protection

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Wednesday 22nd May 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, this is precisely why a rather considerable environment Bill will come before us in the second Session. It is important that all relevant committees have had sight of the draft Bill. Clearly, it will be for the other place and your Lordships to consider whether the provisions are suitable. I believe it is a strong example of the Government’s bona fides in wanting to enhance the environment and having the right principles and governance arrangements on the face of the Bill.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, what mechanisms are the UK Government proposing to put in place, in partnership with the devolved Administrations, to ensure that there is continued co-operation on governance across the UK after exit, including on transboundary issues?

[Lord Gardiner of Kimble]

My Lords, the noble Baroness is absolutely right in inferring that none of these matters respects borders. This is why we want to work collaboratively with the devolved Administrations. We respect the devolution settlements but will clearly work with the devolved Administrations for the very reasons the noble Baroness has set out. It is important that we collaborate on the environment, but it is part of the devolved arrangements. The Bill will relate to all reserved environmental matters and to England.

Kew Gardens (Leases) (No. 3) Bill [HL]

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Committee: 1st sitting (Hansard): House of Lords
Tuesday 21st May 2019 Lords Chamber

[Baroness Bakewell of Hardington Mandeville]

My Lords, transparency is really important, but I am concerned that a set of accounts should be produced just for the income from the leases on seven properties. That seems quite bureaucratic to me. I accept that the noble Baroness said that this was a probing amendment, so I will be interested in what the Minister has to say. I would have thought that these accounts could have been incorporated into the consolidated Kew accounts, rather than being a separate set. That would be a better way of doing it.

[Lord Gardiner of Kimble]

My Lords, I agree with the noble Baronesses that we should always be transparent. I hope that I will satisfactorily be able to explain why I think that these matters are covered.

First, pursuant to the National Heritage Act, a statement of accounts in respect of each financial year for Kew is prepared, examined and certified. A report on this statement is produced by the Comptroller and Auditor-General as head of the National Audit Office and laid before each House. Details of Kew’s income, including government, commercial and charitable donations, are all set out in this report, which is a public document.

I reassure the noble Baroness, Lady Jones of Whitchurch, that income received by Kew in respect of these leases, subject to this Bill, will also be reflected in this report. In addition, Kew itself publishes audited annual reports and accounts. These state how much grant in aid it receives each year from Defra and how much is restricted to specific projects. Within this report, Kew will report on funds from the lease income as part of its funding note.

Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Wednesday 27th February 2019 Grand Committee

[Baroness Bakewell of Hardington Mandeville]

Unless I missed it, the Minister did not refer to the committee on waste management. I am very concerned about what, if anything, will replace it.

[Lord Gardiner of Kimble]

My Lords, I think a letter would be a good idea.

Recycling

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Wednesday 13th February 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, obviously both Houses are aiming to eliminate avoidable single-use plastic by this year. I am mindful of what the noble Baroness has said and in Defra and across Whitehall we are all seeking to reduce the use of plastic. It is a very good point.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is not feasible to force all local authorities into standardised waste collections. Geographical areas across the country vary from blocks of flats in cities through to isolated rural homes down winding lanes. Currently, 50 different types of plastic are produced and used in the UK compared to two in Norway. Surely a more productive way forward is for the plastics industry to play its part by producing fewer plastic types and ensuring that what is produced is recyclable. Does the Minister agree?

[Lord Gardiner of Kimble]

Yes and yes. We need through research and investment, both public and private, to ensure that materials and plastic are reused and recycled much more and that there is consistency. The noble Baroness is right: the lowest recycling rate is in Newham at 14% and yet in the East Riding of Yorkshire it is 64%. There is great disparity in all regions and we need to work on obtaining a more consistent and higher rate of recycling.

Fly-tipping

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Thursday 31st January 2019 Lords Chamber

[Lord Gardiner of Kimble]

Again, I agree with my noble friend that there is a lot that needs to be done. It is worse in urban areas than rural areas, but wherever it is, it is unacceptable.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, where fly-tipping occurs on local authority land, such as country parks, the ratepayer picks up the cost; where on private land, it is the landowner who pays. To what extent do the Government agree that the problem is related to the increased cost of waste disposal, reflected in the cost of skips, which are an additional burden to many small trade-related firms? Does the Minister agree that an approach to ease the commercial recycling and associated costs, plus the availability of suitable disposal locations, might help to alleviate the situation?

[Lord Gardiner of Kimble]

My Lords, the resources and waste strategy engages a lot of that area. Interestingly, although during the lifetime of this Parliament £200 billion is going to local authorities, although not ring-fenced, we clearly want to be looking at this. We have asked WRAP to look at these matters, because the evidence does not show that it is about resources; it is about using the actions that can be taken. There is a whole range of actions, with increased fines, that is going to be very helpful.

Brexit: Agriculture

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Monday 14th January 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, my noble friend raises an important element: we want to enhance the environment. Clearly we must deal with the use of plastic better, whether in industry, agriculture or our own use, and have recyclable, reusable objects. I should also say that, as announced in the Clean Air Strategy this morning, we need to collaborate with farmers to improve the ammonia situation as well.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, despite the words of the Secretary of State at the Oxford conference, no deal is now a very real prospect. How do the Government propose to ensure that the Secretary of State, despite his words, will be able to make all the necessary arrangements to protect both farmers and food supplies?

[Lord Gardiner of Kimble]

Of course, that is precisely why there has been a border delivery group working across Whitehall since March 2017. It is working with the port and other transport operators to ensure, as a priority, that we have the materials we need, including medicines and so forth, but also a free flow of traffic. It was interesting that the manager of the Port of Calais referred to the fact that it is putting much more effort and many more people into ensuring this free flow of goods, which is of course at the back of why we want a deal.

Environment Plan

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Thursday 29th November 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the 25-year environment plan will involve: environmental land management; an environmental net gain principle; a resources and waste strategy coming forward; a clean air strategy coming forward; a review of national parks already in place; and we are reducing plastic waste. These are just some examples of the Government’s intent, the strongest possible intent, that we shall be the first generation to enhance the environment. As for Natural England, it does a very good job. All public bodies have had to ensure that we find enough money for essential services during a very difficult time after 2008, and that has borne fruit. That is how the vulnerable, at a very difficult time, were cared for.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, as the Minister has indicated, the targets are due to be published shortly. Polling has consistently found a high public demand for targets in law to protect the environment, which is very dear to the public’s heart. Will there be public consultation on the targets and, if so, when, given that the targets are about to be published?

[Lord Gardiner of Kimble]

My Lords, after the draft legislation on the environmental principles and governance has been published, there will be a period of pre-legislative scrutiny. Indeed, there has already been consultation, and responses to that consultation, on the principles and governance. That will also be published; we are continuing to analyse the responses. There is a lot of work in process, and a lot of that will come forward so that there is pre-legislative scrutiny and, indeed, further public reflection.

Brexit: Food Security

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Tuesday 20th November 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, this great country is going to have a very strong future. It will be outside the European Union, but we will want to have very strong co-operation with our friends in the EU 27. The noble Lord is absolutely right. In a global economy we are trading around the world—as, indeed, is the EU. The EU is trading with countries that are not members of the EU. We all want to do trade together. That is why I very much hope that a successful deal will be concluded—because it is in everyone’s interests. But the noble Lord is absolutely right: this country will prosper whatever the scenario.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, there is great concern that a careless Brexit will pose a threat to the UK’s short-term food security, when it is vital that a genuinely sustainable food strategy for the whole UK should be developed. It is important for high food standards to remain at the heart of any trade deals. Is the Minister able to assure the House that the Government will provide clarity on their proposed migration policy and consider the contribution that non-UK citizens of the EU make to the quantity and quality of the UK’s food supply and services?

[Lord Gardiner of Kimble]

My Lords, clearly, Defra and the Home Office will need to consider these matters because we need people to help us in the agricultural and horticultural sector. But I repeat to the noble Baroness that we have very strong domestic production. We also source food from around the world. As I have said from the Dispatch Box before, on the issue of disease or pests or whatever, we have a very sophisticated industry that has other sources of supply—but I am not anticipating that, because EU food producers want to bring their food here and we want to export our wonderful food to them.

Ivory Bill

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

3rd reading (Hansard): House of Lords
Tuesday 13th November 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville]

May I speak? Thank you, my Lords. I will be brief. The UK has shown that it can lead the way in protecting the elephant. We have adhered to CITES and have moved forward tremendously in banning the trade in ivory objects in our country. Prior to the Bill, a large percentage of new ivory was being laundered through our country, masquerading as being of pre-1945 and pre-1918 vintage. There is still some way to go before the Bill can be implemented but there is now a clear timetable for how that will progress. I look forward, once the Bill is enacted, to a consultation on the other animals with the misfortune to have expensive trophies as part of their anatomy: the narwhal, the hippo and the rhinoceros, as the noble Baroness, Lady Jones, said. It is important that in banning elephant ivory we have not substituted another animal for the poachers to target.

I thank the Minister for his briefings and his patience and the Bill team for their very helpful information that was provided at all stages of the Bill. I also thank the noble Baroness, Lady Jones of Whitchurch, for the leading part that she has played during the passage of the Ivory Bill. The plight of the elephant is of great importance to all those who sit in your Lordships’ House. Often our debates fall into party-political camps but that has not been the case with the Ivory Bill; the House has been united across all Benches to ensure the passage of this legislation. I am extremely proud of having played a small part in that process. I look forward to a similar meeting of minds on some of our future legislation, but I am slightly more pessimistic about that in the near future.

[Lord Gardiner of Kimble]

My Lords, I have listened to all the remarks that have been made. It has been an honour for us all to have been a part of this legislation. I will reflect on all that has been said. This is an international effort. I beg to move that the Bill do now pass.

Roundup

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Wednesday 31st October 2018 Lords Chamber

[Lord Gardiner of Kimble]

Clearly, it is important that sprays and products are used in conditions that do not cause them to go on to other people’s property, and that they are used with precision. However, glyphosate is authorised because all the scientific evidence of all the experts on which we rely is that it is not in this case carcinogenic. Indeed, another agency, the WHO, does not agree with the agency that says that it is.

[Baroness Bakewell of Hardington Mandeville (LD)]

As has been said, glyphosate is an active ingredient found in the weedkiller Roundup and has been a source of controversy amid claims that it is connected to certain kinds of cancer. Oatmeal and other breakfast cereal crops are often sprayed with this chemical. What in-depth research are the Government doing to ensure public safety, both now and after 29 March?

[Lord Gardiner of Kimble]

All this area is hugely important as a priority, both now and after we leave the European Union. Public safety will always be the prime consideration, and this would not be authorised if it was deemed to be unsafe.

Food Labelling

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Tuesday 9th October 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I echo a great deal of what the noble Baroness said. The urgency of this is imperative. The Secretary of State has been in touch with Natasha’s parents. Obviously, we want to ensure that what happened to Natasha, and her parents, wider family and loved ones, does not happen again. That is why the review will be urgent. We will be working closely with the Food Standards Agency and the Department for Health and Social Care and, as I said in the Statement, we will be communicating with the devolved Administrations tomorrow. We will look at the coroner’s report in Natasha’s case, which was received this morning. I should say that in the case of Celia Marsh, as the noble Baroness alluded to, not only is the coroner’s investigation in process but there is a legal dispute between Pret A Manger and CoYo. In those circumstances, I should not want to go any further on that case.

I assure your Lordships that, whether it is suppliers or retailers, the importance of this, as the noble Baroness outlined, is that it is a public health matter. People in this country, particularly those with allergies, should have the right information to know whether something is safe for them to eat. The FSA has campaigned on this over a considerable period. It is not only about raising awareness and issuing guidance for businesses but raising awareness among people with allergies that they must ask—because, as I said, the requirement is that all shops should be in a position to advise the consumer by signs and verbally. I assure your Lordships that we shall look at this with rigour and urgency.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I too thank the Minister for repeating the response to the Urgent Question this afternoon, and extend my sympathies to the families of Celia and Natasha. I declare my interest as a lifelong coeliac, so I understand completely the implications of inaccurate food labelling. All consumers must be able to trust that food labelling is comprehensive and correct. It is simply unacceptable, after taking the time to read through the list of ingredients, subsequently to find that an ingredient has been inaccurately recorded or omitted.

I highlight a slightly different aspect of this matter. As the Minister reiterated, the Statement refers to freshly prepared food and the need to check with members of staff before buying. I know from experience that staff are not always aware of exactly which foods contain allergens. Although training is much better than it was, cross-contamination can still occur in some cases.

I am really pleased that the Minister said that the Food Standards Agency is to be involved, but I should like him to reassure us that, following these tragic events, as well as food labelling being a top priority, the handling of food to prevent cross-contamination will be included in the review of advice currently taking place. This is now an urgent priority, before there is any more unnecessary suffering.

[Lord Gardiner of Kimble]

My Lords, that is imperative and, as I said, we are working with all those involved. I should say that the FSA has responsibility for allergen labelling; that is precisely why it is an essential part of the review. The noble Baroness rightly refers to training of staff. Again, businesses are in all circumstances under a duty. We must ensure—this is one of the key areas of enforcement—that all businesses are mindful of their responsibilities. All producers of food and food products should be mindful of cross-contamination. That concerns food safety more generally, but these are all areas which we take very seriously.

Ivory Bill

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 12th September 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville]

My Lords, I support the noble Lord, Lord Grantchester, in this amendment. At Second Reading, the Minister gave an undertaking that there would be consultation on the animals listed in the amendment after the Bill had received Royal Assent. It is a great pity that we were not able to include hippopotami, narwhals and walruses within this Bill once it had started its passage, but I understand the reasons for it. I welcome the fact that an undertaking has already been given and hope that, as soon as Royal Assent has been given, consultation will be ready to begin.

[Lord Gardiner of Kimble]

My Lords, the amendment tabled by the noble Baroness, Lady Jones, seeks to insert into the Bill a commitment that the Secretary of State would consult on extending the scope of the ban to include ivory from hippopotamus, walrus and narwhal as soon as practicable after Royal Assent. I am grateful to the noble Lord, Lord Grantchester and to the noble Baroness, Lady Bakewell of Hardington Mandeville, for their remarks.

As noble Lords will be aware, this matter was discussed at some length in the other place. I want to reassure the noble Lord and the noble Baroness of the Government’s intention on this point and to explain how the existing provision in the Bill may be applied. The Bill will prohibit the commercial dealing in living species of elephant—namely African and Asian elephants. Clause 35 provides a delegated power to allow the Secretary of State to extend the Bill to cover other ivory-bearing species through a regulation. We recognise concerns that, by banning the trade in elephant ivory, there may be an unintended consequence of trade displacement on to other ivory-bearing species, such as hippopotamus, putting these species at greater risk, as the noble Lord, Lord Grantchester has outlined. It may be appropriate to use this power to protect these species if the evidence gathered supports such actions.

The Government have committed in the other place and in a public announcement that the Secretary of State will conduct an evidence-gathering exercise—for example, a public consultation—on or as soon as practicable after Royal Assent. It is in the Government’s interest to launch this exercise within this period. However, we will ensure this does not impact our timetable to get the elephant ivory ban in place. The representatives from the conservation NGOs which gave evidence during Committee in the House of Commons emphasised that, at this time, the Government’s priority should be the ban on elephant ivory.

Sustainable Fisheries for Future Generations

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Wednesday 4th July 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for repeating the Statement and welcome the publication of this important White Paper. The shores of our islands have some of the most prolific fishing waters in the world and it is vital that not only are fish stocks protected but that the numerous industries and businesses that rely on a constant supply of fish are supported and protected. This includes not only large fishing fleets but smaller, family-owned vessels, not only the small, iconic smokeries but also the larger processing plants. It is our duty to provide a mixed economy around our coastlines that depend on a healthy marine environment, free from unnecessary bureaucracy and free from plastics.

I note the Secretary of State’s commitment to end the dominance of foreign vessels in our waters and to support our own fishing communities across the country; I welcome that statement. I have only two questions: what discussions have so far taken place with the devolved Administrations about sustainable goals to be shared across the UK? Secondly, is the Minister able to ensure ongoing access to the EU labour force that supports the sustainability of the vital seafood processing sector? I am encouraged by the general thrust of the White Paper and look forward to the Minister’s response.

[Lord Gardiner of Kimble]

My Lords, I thank the noble Baronesses for a number of questions. Let me say in opening that I welcome the stakeholder reaction, and the fact that the fishing communities are looking to Parliament to ensure a better future for the fisheries. The National Federation of Fishermen’s Organisations, the Scottish Fishermen’s Federation and the Shetland Fishermen’s Association are all saying that this is a clear, coherent and important policy. I was also particularly struck by what the noble Baroness, Lady Bakewell of Hardington Mandeville, said about the importance of clean seas and oceans. The director of Living Seas, the Wildlife Trusts, says:

“The Wildlife Trusts are really impressed that the Government is committed to reversing the loss of marine life”.


Predicated on all of this is the imperative of sustainability. It is one of the three key components: it is about sustainability, responsibility and fairness. Therefore, it is essential that we work as hard as we can to ensure that all this comes forward for really healthy stocks in these waters.

The noble Baroness, Lady Jones of Whitchurch, asked about the difference between access and trade. Under international law, as with other countries that are independent coastal states, negotiations for access are undertaken annually, as they are with the EU and Norway, and the EU with the Faroes. It is normal practice for an independent coastal state, which we will be, to have these negotiations on access. We will undertake that under international law—UNCLOS and so forth. It is very clear about the distinction. On access to trade, I am well aware that all of us are working towards a frictionless arrangement. Of course, export of fish is an important part of that, but the distinction is that access does not happen in the trade agreement, but under international law, which is the case for all other independent coastal states.

On fish processing and fish farming, my point to the noble Baroness, Lady Jones of Whitchurch, is that the fisheries Bill will, as we announced today, allow us to amend technical regulations in the CFP that cover aquaculture. Of course, our commitment is again to sustainability. On research, we must not forget that Cefas is world-renowned. Indeed, the research it is undertaking will be particularly important. I want to emphasise that for sustainability there clearly needs to be—and is—global co-operation on these matters. That is why we will be seeking, for instance, to join the regional fisheries management organisations, such as the North East Atlantic Fisheries Commission, precisely because we have a responsibility to act collaboratively under UNCLOS and other international conventions with other countries. That is a given.

On habitats—this issue was raised in the other place—since 2010 the Government have already designated 50 marine conservation zones, a further 41 of which are out for consultation. This is a clear indication of what we are seeking to do in practice to improve the marine environment—the ecosystem through which a strong fishing industry is possible.

As far as the devolved Administrations are concerned, we are at the beginning of what is a consultation, not the conclusion. There have been many discussions with the devolved Administrations and the Crown dependencies —let us not forget them—since the referendum result, and intensively since January under the process agreed by the joint ministerial committee. The Secretary of State is meeting the devolved Administration Ministers tomorrow to continue that process.

On funding in coastal communities, we will of course be looking at future arrangements and future funding continuing on from the European Maritime and Fisheries Fund. The Chancellor has already confirmed that these will be fully funded under Treasury guarantee, even when these projects are not completed by EU exit date. Indeed, since then, the UK-EU joint report of December last year states the intention that the UK will continue to participate in all EU programmes financed by the multiannual financial framework. Work is now under way to ensure that full consideration is given and that we work with the industry to consider possible future funding arrangements.

I know the Secretary of State has raised the issue of EU workers with the Prime Minister and the Home Secretary. They are fully seized of the importance of access to labour in this important element of the industry.

I have to say to the noble Baronesses that this is the beginning of the consultation, which runs for 10 weeks. We actively want the industry to be engaged in it. The initial reaction from fishing interests across the United Kingdom has been strong and positive. They see the great opportunities that this represents for a fairer share, and for us to work collaboratively with our neighbours and partners to ensure, through the prism of international law and access to our waters, that we have sustainable fishing that is fair to us and that we act responsibly regarding the UK system that we all care so much about.

Flood Risk

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Monday 11th June 2018 Lords Chamber

[Lord Gardiner of Kimble]

Undoubtedly. To go back to Slowing the Flow at Pickering, tree planting was part of that process. It is about crops to be grown, trees and buffer zones. We are increasingly realising that there are all sorts of ways in which natural capital is a resource for us to use, and that we can work with farmers and landowners to support it.

[Baroness Bakewell of Hardington Mandeville (LD)]

Flooding can be devastating for businesses, homeowners and tenants. The cost to business can sometimes result in the business folding. Despite flood risk measures, many retailers and businesses have been flooded several times. As Flood Re applies only to domestic properties that cannot get insurance due to flood risk, do the Government have any plans to introduce a scheme that would help hard-pressed businesses which also suffer from the continual threat of flooding?

[Lord Gardiner of Kimble]

My Lords, whether it affects families, communities or businesses, clearly flooding is devastating and the clear-up can be very much a long-term affair for many. That is precisely why the business-led Property Flood Resilience Roundtable published an action plan in 2016. It is now working on a flood resilience code of practice—this is really important for places such as York, which unfortunately flood very frequently—and how to adapt the electricity supply, for example, so that if there is future flooding, recovery is much speedier. That is the way forward.

Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Tuesday 27th March 2018 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, I am delighted to bring forward this important set of regulations which introduce a new system of local authority licensing of activities involving animals in England. The regulations form part of an important package of reforms that the Government are delivering to improve animal welfare.

These regulations meet the Government’s manifesto commitment to continue their review and reform of the pet licensing controls and specifically to update the licensing system for dog breeding, pet sales, riding establishments and animal boarding establishments. They also modernise the system for animal exhibits, which are currently regulated under the Performing Animals Act 1925. The current licensing and registration system that covers these five animal activities is outdated and complex. The new regulations create up-to-date minimum welfare standards for these five activities in England, while streamlining the system for both local authorities and businesses. We have worked closely with stakeholders from the sector, animal welfare organisations, local authorities and veterinary bodies in drafting these regulations and are very grateful for their support, in particular the work of the Canine and Feline Sector Group and the Equine Sector Council for helping to co-ordinate this.

One of the key issues with the current licensing system is that the animal welfare standards with which businesses are required to comply have not been updated for many years. The schedules to the new regulations include detailed animal welfare standards for each of the activities that have been developed in close consultation with stakeholders. These will ensure that anyone who receives a licence for dog breeding, selling pets, boarding dogs and cats, hiring out horses or keeping or training animals for exhibit will need to meet these new minimum welfare standards. This should help to drive up animal welfare standards across all of these sectors.

Many people and organisations have been calling for more restrictions to be placed in particular on the breeding and selling of dogs, where it is felt that there are unscrupulous businesses that breed dogs in poor conditions for maximum profit. The regulations address this issue in a number of ways. We are making changes to the definition of dog breeding so as to ensure that the regulations capture both large-scale dog breeders as well as smaller-scale dog breeding businesses. Under the new regulations, anyone who is in the business of breeding and selling dogs will need a licence. In addition, breeders that are not classed as a business will also need a licence if they breed three or more litters a year and sell any of them. Overall, this will ensure that more breeders are captured under the regulations and will need to comply with the high animal welfare requirements set out within them. They ensure that we can crack down on unregulated backstreet breeding.

It is important to acknowledge the sad fact that many unsuspecting potential buyers are providing a lucrative market for rogue dog breeders and animal dealers who work illegally outside the licensing system. The regulations therefore include a number of measures that will help consumers to identify these rogue traders and make more informed decisions when purchasing an animal. No licensed breeder or pet seller will be able to sell a puppy, kitten, ferret or rabbit which is below eight weeks of age. In addition, we have ensured that the recently updated welfare codes for cats and dogs carry the same requirement, so that no one should be separating puppies or kittens from their mothers before eight weeks of age unless there are genuine welfare reasons for the mother or the offspring.

Following the excellent work undertaken by the Pet Advertising Advisory Group, we have placed a number of the PAAG voluntary minimum standards in the regulations. Licence holders are now required to publish their licence number on all adverts, including online adverts, so that consumers can check this with the relevant local authority to make sure that it is a legitimate business. Adverts will also have to include a photograph of the animal and state its country of residence and origin. All licensed businesses will also receive a risk rating from one to five stars, based on the welfare standards that they adopt and their compliance record. This is a similar system to the one used in the food hygiene rating scheme.

For puppies, there is an additional requirement for any sale of a puppy to be completed at the premises where the puppy was bred, to make sure that the purchaser sees the puppy and the conditions that it has been kept in before making the final purchase. All licensed breeders can only show a puppy to a prospective purchaser if it is together with its mother, unless separation from the mother is necessary for welfare reasons. All licensed pet sellers are also required to provide purchasers with information about how to care for the animal they are buying. These measures will ensure that consumers are able to make more informed decisions when buying an animal, and are better able to care for it once they have taken it home. This is particularly important for more exotic species such as reptiles.

Many people are concerned about the increase in the online sale of pets. Currently, the legislation is not clear on whether or not these businesses require a licence, and so enforcement is inconsistent across the country. Under the new regulations, all commercial sales require a licence, including those that take place online. All of these businesses will have to comply with the minimum welfare standards set out in the regulations. These measures will ensure that the licensing system is consistent and fit for purpose in this modern age.

The licensing system is run by local authorities and funded by full cost recovery, so there is no financial burden on local authorities. Licences can be issued at any point in the calendar year, which will help to spread the workload across the year. The maximum licence length that can be issued is increased from one to three years, with longer licences going to businesses with earned recognition. This should reduce the workload for local authorities, allowing them to spend more time on enforcement of unlicensed businesses and on the less compliant businesses.

This will also reduce the burden on good businesses, such as those that operate to a particularly high standard of animal welfare and those associated with a body accredited by UKAS—for example, breeders in the Kennel Club’s assured breeder scheme. Such businesses will already be exceeding the requirements of the regulations and so will be able to achieve longer licences for a lower fee. This clearly also provides an incentive for businesses to improve welfare standards.

We recognise that the implementation of these regulations will be crucial to their success, and so local authority inspectors will be required to undertake specific training on licensing and inspection. This will ensure that they are suitably qualified to undertake inspections for all of the animal activities covered by the regulations. To that end, the City of London has worked with the pet industry to develop a syllabus for a level 3 training course for animal activities inspection, which inspectors will be required to attend. Local authorities will be able to recoup all their reasonable costs for this training from the licensing regime.

The regulations have been drafted in consultation with stakeholders from the industry, animal welfare organisations, local authorities and veterinary bodies, and we are very grateful for their assistance. The regulations are proportionate and targeted and will help to improve animal welfare across a number of sectors. For these reasons, I commend the regulations to the Committee. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to the Minister and his officials for their time and explanations regarding this SI and for his comprehensive introductory remarks. I declare my interest as a district councillor. It is now two years since Defra’s initial consultation on this important issue and I welcome moving it forward.

This SI covers a number of domestic animal welfare issues that are of great concern to the public, including the breeding and selling of animals, animal boarding establishments and, as the Minister said, the hiring out of horses. While it is essential to ensure that animal welfare is paramount, I welcome the introduction of requiring only one licence instead of the two previously needed. This is a sensible cut in bureaucracy. The Minister has provided assurances that those working in the sector have been consulted in the form of the equine, feline and canine organisations and that the Government have been working closely with them and with vets. A licence lasting up to two years instead of being renewed every year will be welcomed, as will the risk-based approach to the length of the licence and the ability for it to be given at any time during the year, not just at the year end.

My colleague and noble friend Lady Parminter has raised the issue of puppy farming on a number of occasions inside and outside the Chamber, and was extremely concerned that there should be adequate regulation of this often very distressing industry. Defra launched a call for evidence on the third-party sale of puppies and kittens on 8 February. This consultation will close on 2 May and we look forward to its results. We would be grateful if the Minister could give us an indication of when the results might be published.

We welcome the restriction of the number of litters that a bitch may have to one a year as a great step forward. The prohibition of the sale of a puppy—as well as kittens and other animals—below the age of eight weeks, and the need for a puppy to be shown with its mother by breeders prior to sale, will also be welcomed by those legitimate breeders and owners who have the best interests of their animals at heart. Similarly, the detailed restrictions on the size, height and type of boarding kennels and catteries should ensure that domestic animals can be left by their owners, in confidence that their pets will be well looked after during their absence.

As a local councillor, I am aware that local authorities are under tremendous pressure with budget restraints. I fully support the move to allow them to have full-cost recovery for their work in granting licences, as well as being able to raise fees for reasonable enforcement. In the past, it has not always been possible for the cost of extra work passed to local authorities to be recouped in this way. There will, of course, need to be an adequate number of suitably qualified inspectors to ensure that this legislation is properly enforced. I welcome the comments that the Minister made about the new qualification. I understand that it will take three years to meet the necessary standard and that vets on the list of the Royal College of Veterinary Surgeons will carry out some of this work.

While Defra is going to publish guidance, this will not be available until the regulations come into force. Does the Minister believe that this will give enough time to local authorities to be prepared to issue the new licences in an efficient and responsive manner?

I fully support the measures covered by this SI but I have one concern. Part 4 of the schedule, which covers the hiring out of horses, does not appear to cover riding for the disabled. While the regulations cover the welfare of animals in a commercial operation, they do not apply to those which operate on a charitable basis. I would be grateful if the Minister could reassure us that if establishments which offer riding for the disabled are operating not on a charitable basis but as a business, they will be covered by this new legislation. That apart, I believe that this is a great step forward and look forward to its implementation eagerly.

Brexit: Fisheries Management

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Tuesday 20th March 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, along with my colleagues in the department we share the disappointment that the noble Baroness has suggested, but of course the UK share of quotas will not change during the implementation period and we will be attending the international negotiations. This is an extension, and the implementation period is due to conclude in December 2020, so that during that time we will be in a position to advance the things we think are absolutely right and to ensure that we fish in a sustainable manner. This country has been in the lead on that and we want to ensure, through our negotiations not only with EU members but with other independent coastal states, that the fisheries in this part of the planet are sustainably fished. That is a very important prize for us because the seafaring communities of this country are vital to us and, as I say, the changes that our negotiators have been able to secure are valuable because there is certainty. However, now we shall work on the access that we will have as an independent coastal nation, which I think is a very strong prospect for the future.

[Baroness Bakewell of Hardington Mandeville (LD)]

I thank the Minister for repeating the Answer. This issue has caused a great deal of unrest and anger among Scottish fishermen. It had been anticipated that the UK would withdraw from the common fisheries policy on the day after leaving the EU. Indeed, the Government promised that they would take back control of the UK’s fishing waters after Brexit. While Michel Barnier and David Davis may agree that the transition period is a decisive step, I fear that that view is not shared by the Scottish Fishermen’s Federation. Bertie Armstrong of the SFF has expressed the view that the Scottish industry does not trust the EU to look after its interests. Is the Minister surprised by his reaction? Why have the Government sold the fishing industry short by agreeing to this transition period? Can the Minister confirm that there has been consultation with the industry and that it was satisfied with the outcome? Are the Government prepared to let our fleet continue to be governed by rules in which our Government have had no say, and what is the Secretary of State doing to achieve a sustainable supply of fish and to avoid depleting numbers?

Trust takes a long time to build but it can be destroyed in a moment. How are the Government going to restore confidence that they do indeed have the best interests of our fishermen at heart?

[Lord Gardiner of Kimble]

My Lords, it is in the national interest that we have a vibrant fishing industry and we support fishermen in all parts of the United Kingdom. I heard Bertie Armstrong on the radio this morning and the accusation about the implementation period and the year. Interestingly, he also said that it was ironic that, regarding those parties which do not wish to leave the common fisheries policy because they do not wish to leave the EU, we would never be in a position to have the negotiation we will have when we leave the CFP. We will have access to our own waters and we will be able to decide that access for ourselves based on the science. It is important to ensure that we fish our waters sustainably and that we base our judgments on the best scientific advice available.

Water Supply Disruption

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Tuesday 6th March 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for repeating the Statement and the noble Baroness, Lady Jones of Whitchurch, for her comments. I agree with everything she said. The freezing weather at the end of last week was not a surprise—it had been well trailed and advertised for some time. It is therefore extremely disappointing that some water companies did not appear to respond quickly to the demand on their services by identifying and correcting burst pipes and leaks. This has caused great distress and inconvenience to thousands of households. It is unacceptable that water bill payers have been left without running water while schools and businesses across the UK are being forced to close because of water shortages. While this is a period of extreme short-term pressure, the vast amount of water that leaks from companies’ pipes every day has not decreased for the past four years. Data from the water industry regulator Ofwat shows that more than 3 billion litres leaks every day. What are the Government going to do to ensure this problem is addressed in the long term?

While expressing disappointment at the response of the water companies, I pay tribute and express the thanks of these Benches to the engineers who have worked long hours, often through the night, to reconnect households to their water supplies and to mend burst pipes and leaks. Their efforts should be recognised.

There is a real gap in the market when it comes to providing capital for critical infrastructure. A housing investment bank is needed to provide long-term capital for major new developments, to guarantee proper infrastructure and services. Locally led housing delivery must be integrated into infrastructure delivery to ensure vital utilities such as water are available at all times.

A public awareness campaign is needed to help residents insulate pipes to prevent bursting in extreme weather conditions. Can the Minister give a commitment that such a campaign will receive priority before we suffer another freezing spell from Siberia?

[Lord Gardiner of Kimble]

My Lords, I entirely agree with the noble Baronesses about the courage and fortitude of the emergency services, often in very difficult circumstances, and I begin by thanking them. I was on the conference call with the chief executives of the water companies, Ofwat and Water UK, and from the update that I have received during the course of the day it is very clear that the priority is to restore the water supply, particularly for vulnerable people and for hospitals and other institutions in the care sector. I think we are all in agreement—which may be an inconvenience—that the water companies clearly need to do better. Some are better than others. It is very important that Ofwat conducts a review and looks at the issues of preparedness and lack of preparedness. We are expecting an interim report on that by the end of the month so that we are clear about this. I emphasise “interim”—obviously we want a thorough report but we want early consideration of those matters. There have undoubtedly been some failings, and I think some of the water companies have acknowledged that as well.

The noble Baroness, Lady Jones of Whitchurch, in particular asked for some reassurances. I have outlined the numbers of households that were without supply this morning and the intelligence that we got from the water companies at the 10.30 am meeting as to their plans for restoration of supply during the day. I will obviously get constant reports on that, as will my honourable friend.

I think there has been general reflection on this—indeed, my right honourable friend reflected on it in his speech last week at the Water UK City Conference. He called on the boards of water companies to address urgently pay, terms and conditions and so forth, to demonstrate value for money, to up their game and to lower bills. Ofwat will report to the Secretary of State on corporate behaviour by the beginning of April. If Ofwat needs further powers, it should include that in that report.

Ofwat is taking enforcement action. For instance, a large fine was imposed on Thames Water for missing the leakage target and it has set the lowest cost of capital ever for the 2019 price review. I should say that water bills have in fact fallen in real terms over the last five years by 5%, and since 1994 bills are 3% higher. Since privatisation, £140 billion has been invested in infrastructure, but we need to do more. Simply put, in a country like ours we need to invest more, and we are going to look to the water companies to do so.

I was quite shocked by some of the leakage figures and tried to imagine what they meant in terms of millions of litres per day; it is really extraordinary. Ofwat has set a challenging target of 15% by 2025, and the 25-year environment plan also set out that leakages should be minimised and go down year on year. We will ask Ofwat to consider the campaign on insulating pipes, which was mentioned by the noble Baroness, Lady Bakewell, as part of its review. That is something else that we need to work on.

The points that the noble Baroness has made have been absolutely fair. I thought it was very interesting to see different chief executives’ reports into the issues that they were facing. One of the things that we are continually assessing is the situation with the thaw. As we all know, the pipes burst on the thaw, and of course the rapid thaw has probably precipitated some considerable bursts in smaller pipes rather than in the mains. This has been one of the practical issues; there have been many small bursts as the thaw has been so rapid. I think we all look forward to hearing more about what Ofwat reports on preparedness, and on what better work needs to be done in preparing should we have a similar occurrence in future, as undoubtedly we will with the climate as it is.

Waste Enforcement (England and Wales) Regulations 2018

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Tuesday 27th February 2018 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, these regulations are a single composite statutory instrument which applies to both England and Wales but is made by the UK Government in relation to England and by the Welsh Government in relation to Wales. The Welsh Assembly is due to debate the regulations on 6 March. These regulations will strengthen the regulators’ arsenal to deal with non-compliant activity at waste sites by providing them with a further two powers: the power to restrict entry of persons and further waste to the site, and the power to require the removal of all waste at a non-compliant site.

Your Lordships are aware that, to minimise waste, our aim is to have a more circular economy so that resources are used more efficiently and kept in use for longer. A well-functioning waste industry, operating within a regulatory framework and in accordance with environmental permits or registered exemptions, is essential to achieve this. A small number in the industry hamper resource efficiency, damage the environment and seek to gain profit illegitimately by operating outside the regulatory framework. Ensuring that the regulators have a full range of enforcement powers is essential to bear down on that non-compliant part of the industry to ensure that waste is managed properly with no damage to the environment or to local communities.

Over the past 25 years, the nature of the waste industry has changed and government action has been needed to meet the challenges. As well as ensuring that the regulators have robust powers, since 2014 we have given the Environment Agency an additional £60 million for waste enforcement, and have recently published a consultation on proposals to tighten up the waste permitting and exemptions regime.

The two powers before your Lordships today are technical in nature. The development of these regulations included a public consultation in both England and Wales with a range of organisations, including various parts of the waste industry, the regulators, local authorities, householders and NGOs. The regulations insert new sections into the Environment Act 1995. It is a power just for the Environment Agency. If a waste site currently stockpiles more waste on its site than its permit allows, the Environment Agency is able to restrict access in certain circumstances. This can be done only in order to remove waste that is causing a serious pollution risk and only after giving a waste operator five days’ notice. This clearly limits the agency’s ability to act quickly to stop further waste entering a site and does not put the onus on the waste site operators to be responsible for waste on their site. The agency can also revoke a permit and close down a site, therefore restricting access, but it is not always proportionate to close down a waste site immediately if it does not comply with its permit.

This first new power will therefore fill this gap. The Environment Agency will be able to act immediately to restrict access by locking the gates or barring access to stop more waste coming on to a site. The Environment Agency will be able to issue an immediate restriction notice for up to 72 hours where there is a risk of serious pollution to the environment or harm to human health as a result of the waste on the site and action is necessary to prevent the risks continuing. The Environment Agency will also be able to apply to a magistrates’ court for a restriction order for an initial period of six months when there is a risk of serious pollution to the environment or harm to human health, or when an offence, such as a breach in permit conditions, has been committed which is resulting in pollution. No legitimate waste operator should fear the introduction of this new power. It has been drafted in a proportionate way and includes a right to appeal a restriction order within 21 days of the order being made. Access will remain restricted pending the determination of the appeal.

The regulations also introduce new sections into the Environmental Protection Act 1990. The second power will be available to the Environment Agency and local authorities in their capacity as waste-collection authorities, because both the agency and local authorities are responsible for different aspects of waste management regulation under the Environmental Protection Act 1990. As with the previous power, the Environment Agency and local authorities’ ability to require the clearance of waste at non-compliant sites needs strengthening. Currently, the Environment Agency and local authorities can require an occupier or a landowner to remove only waste that has been illegally deposited at a non-compliant site; for example, waste not deposited in line with the conditions of a permit. We are therefore extending the scope of the current power to enable the Environment Agency and local authorities to require operators or landowners to clear all the waste at a non-compliant site, so no waste is left at the site. The power will not be applied retrospectively and will include a two-month transition period. Like the previous power, we think it is proportionate for operators and landowners to have the ability to appeal. Giving the regulators these two additional powers will bear down on the non-compliant part of the waste industry with rigour, as part of our quest for a healthy environment for future generations. That is why I commend the draft regulations to your Lordships. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to the Minister for his detailed introduction of this waste enforcement SI. There are many SIs coming down the track and a great deal of detailed and complex information for your Lordships to get their heads around. It is estimated that there are currently around 600 illegal sites operating in England, Wales and Northern Ireland. The Environment Agency already has the power to shut down illegal waste sites due to the damage they cause to their surroundings.

In 2016, the Environment Agency prosecuted 110 businesses and individuals for offences related to illegal waste sites. In some cases, landowners caught by this illegal activity were unaware of it taking place. Illegal waste sites are a blight on communities and undermine legitimate landfill operators. It is to be welcomed that the Government have listened to concerns raised by businesses and local communities and are taking action to tackle this crime—a crime which not everyone in society will recognise, but doubtless it goes towards the ever-increasing crime figures, which are regularly published.

In 2015, waste crime cost the English economy more than £600 million. This included lost landfill tax revenues and clean-up costs. It creates severe problems for people who live or work nearby, with odour, dust, litter, vermin, fly infestations, pollution and fires blighting lives. These criminals undercut genuine businesses that dispose of waste responsibly. The new powers introduced for the Environment Agency to lock the gates or block access to problem waste sites to prevent thousands of tonnes of waste illegally building up are very welcome. The powers will also enable the Environment Agency to force operators to clear all the waste at a problem site, not just the illegal waste, as the Minister has just said.

I have consulted with my local waste authorities and they report that there is little or no problem in Somerset with either waste sites operating without a licence or in breach of their licence. That is good news, but it would appear that the north of England and London are the worst-hit areas. During 2016-17, more than 850 new illegal waste sites were discovered by the Environment Agency. While an average of two illegal waste sites are shut down every day, they continue to create problems for local communities and businesses, as well as posing a risk to key national infrastructure. In 2013 a fire at a waste site in Stockport resulted in the closure of the M60 and three weeks of disruption to traffic, residents and businesses.

I am grateful to the Minister for sending me the sentencing guidelines for the offences committed by these environmental criminals. I found them most interesting. The range of classifications gives due consideration to whether the offence was deliberate, reckless, negligent or of no culpability; in other words, those who deliberately and knowingly flout the law and cause the most harm to the environment can expect the penalty to be severe, whereas those who find they are the subject of a breach of the law through no fault of their own, and little harm ensues, will be penalised at a much lower level. The range of fines, from £100 to £3 million, gives plenty of scope to the Environment Agency to ensure that culprits, both unwitting and serial offenders, realise that they cannot continue to flout the law and pollute the countryside.

However, I am concerned that the extra £30 million over four years that is to be made available to the Environment Agency to tackle waste crime, in the form of illegal sites and misclassification of waste, may not be enough. That sum sounds a lot but equates to only £7.5 million a year. Given the scale of the problem in recent years, I am not convinced that this sum will be adequate. I seek assurance from the Minister that sufficient resources will be made available to the Environment Agency to enable it to carry out its new legal duties to the degree that we all wish to see. That apart, I am happy to support this very important statutory instrument.

Air Quality

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Thursday 22nd February 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I think that all your Lordships want clean and cleaner air. That is why the Government have invested considerable sums of money, amounting to £3.5 billion. I can go through some of that expenditure in detail, but much of it is in support of things such as cleaner buses. For instance, retrofitting school buses in Manchester has resulted in a 92% reduction in emissions; the level of nitrogen dioxide fell by 27% from 2010 to 2016 and by 10% from 2015 to 2016. So progress is being made, but we want to do more. That is why, across the piece, we are going to bring forward our clean air strategy.

However, I want to be clear to the noble Baroness that the judge acknowledged that very considerable time and effort had been invested by both Ministers and officials. The judge also said, in relation to the five main cities where there is a considerable problem, that what was being brought forward was lawful. I do not want to trade elements of the judgment, because we should take it seriously. That is why, instead of requesting the 33 local authorities to undertake measures, we will be requiring and directing them to do so, because we want to make progress.

It is interesting that, of those 33 areas—which is really what the judgment came down to: what we are going to do about those 33 areas where we need to achieve compliance—10 are projected to come into compliance next year, 13 in 2020 and the final 10 in 2021. In looking at this, a lot of what can be done could be done comparatively cheaply—for instance, the rephasing of traffic lights, including at roundabouts. There are a number of ways in which we want to work with the individual local authorities concerned. The reason we have requested and required the leaders to come to the meeting next Wednesday is precisely so we can get what we all want, which is cleaner air for everyone.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for repeating the reply to the Urgent Question. In the “Conclusions” section of the hearing referred to earlier on the air quality plan, Mr Justice Garnham said:

“In its application to the 45 local authority areas, it does not contain measures sufficient to ensure substantive compliance with the 2008 Directive and the English Regulations”.


The Minister has stressed that the Government are fulfilling their legal requirements under the UK plan for tackling nitrogen dioxide concentrations, but I put it to him that those legal requirements fall a long way short of what is required to improve air quality in the 45 cities—never mind the 33—that were the subject of the court action taken by ClientEarth. The residents of those 45 cities deserve better for their children and elderly. Air pollution costs the UK economy £20 billion every year. Sick and vulnerable people, the elderly and children are particularly at risk. The health problems resulting from exposure to air pollution have a high cost to NHS services and business. As an asthmatic, I find that I am severely affected by poor quality air.

The Government’s success in banning the use of microbeads in wash-off cosmetic products could be extended to assist with the air pollution in the country. Research suggests that chemicals in everyday consumer products, including perfumes and paints, have been revealed as a major source of air pollution, comparable with emissions from the transport sector. This research suggests that these products emit significant quantities of petroleum-based chemicals, rivalling cars and other vehicles as the top source of urban air pollution. What steps are the Government taking to tackle this source of air pollution?

[Lord Gardiner of Kimble]

My Lords, the clean air strategy we are bringing forward is designed to deal with all elements of air pollution, because we think that is very important. I should have said to the noble Baroness, Lady Smith, that we are not intending to appeal; we want to implement what the judge has said. We are working actively, in different ways, with all the cities involved, helping them to tackle their NO₂ exceedances, and that is an issue for the whole United Kingdom. Wales, which was a separate party to the action, has conceded that it needs to do more and will be bringing forward a new plan in July. There are exceedances in Scotland and Northern Ireland—in fact, 22 of the 28 countries of the EU are in exceedance—so this is an issue we all need to grapple with very seriously. I am confident that my honourable friend Minister Coffey is dealing with this with rigour and drive.

Fisheries: London Convention—Withdrawal

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Thursday 11th January 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the countries involved in the London Fisheries Convention expected this to happen. It deals with the six to 12 miles issue when already we will leave the 12 to 200 miles agreement when we leave the common fisheries policy and the EU. This is why we took the decision that we did. As I have said, we want to work with partners, because fish stocks need to be sustainably driven. However, it gives an opportunity for the excellent fishing fleets in all parts of our kingdom to fish productively, sustainably and profitably.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I have heard what the Minister has said, but does he not agree that the Government must allow full parliamentary scrutiny of decisions affecting historic rights of access to UK and European waters?

[Lord Gardiner of Kimble]

My Lords, as I have said, a great deal of consideration went into this. Article 5 and annexe 1 of the Council regulation deal with historic rights. They are already in the common fisheries policy and it was a moot point as to whether we needed to address this issue at all. We thought it would be open and honest with the partners we have in the London convention formally to trigger that we would be leaving in two years’ time.

Brexit: Environmental Enforcement Agency

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Monday 8th January 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, we are already working with devolved Administrations on which powers coming back from the EU should be devolved further. We want to explore whether Scotland, Wales and Northern Ireland wish to take a different or a similar approach on this matter. If they wish to join what will be an English body, we would be pleased. On the other hand, they may decide to take a somewhat different approach. Our thrust in this is to collaborate so that if they wish to be part of this body, we would welcome that.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the Government have said that the new environmental body must have teeth. Will the Minister say how the Government will ensure that this happens and what teeth they envisage it will need?

[Lord Gardiner of Kimble]

My Lords, again, I do not want to pre-empt the consultation. We want a wide consultation and stakeholders, your Lordships and others to participate in it. We need to fill the governance gap, particularly as we wish to enhance the environment. I hope that before too long we will publish the 25-year environment plan. We want to enhance the environment, and that is a step forward. I assure the noble Baroness that we wish to have a rigorous environmental body.

Environmental Protection (Microbeads) (England) Regulations 2017

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Monday 18th December 2017 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, it is a privilege to introduce these regulations. Microbeads are small plastic particles which have been added to many personal care products. One shower alone can send 100,000 microbeads into the water system and subsequently into our seas and the habitats of the marine animals that live there.

Most significantly, once released into the environment, it is impossible to recover microbeads or remedy the effects that could subsequently emerge. These regulations will ban the manufacture and sale of rinse-off personal care products containing plastic microbeads. The range of personal care products that can contain plastic microbeads is considerable, from products such as shower gels, face scrubs and toothpaste to hand-cleaning products such as Swarfega. Subject to your Lordships’ consent and a positive outcome in the other place later today, these regulations will be signed tomorrow and 21 days from that point of signature the manufacture in England of any rinse-off personal care product which uses microbeads as an ingredient will be banned. Six months from that point, a further ban will come into place to prevent the sale of any rinse-off personal care product containing microbeads. Crucially, this means that those products will neither be able to be imported and sold here nor able to be exported.

We know that there are various sources of plastic entering our seas and oceans due to human behaviour. Recent estimates suggest that up to 12.2 million tonnes of plastic are entering the global ocean every year and 80% of the plastic that is in the ocean has come from land-based actions. Furthermore, it is estimated that personal care products containing microbeads contribute 35,000 tonnes of plastic into the global oceans each year. Put simply, this cannot go on and our generation must act. We have a responsibility as individuals and as a Government not to shirk the global challenge of marine pollution. We must act together to stop this pollution at source and there is no time to lose. Anyone who disputes this should be prescribed a course of “Blue Planet II”.

The regulations before your Lordships help us take a step forward. This will reduce the unnecessary release of plastic into the marine environment and lessen harm to marine organisms caused by this form of microplastic. We have been working closely with the devolved Administrations. Very few cosmetics and personal products are manufactured in Scotland, Wales or Northern Ireland. The ban on both manufacture and sale of microbeads will come into effect on the same day there as the English ban, which is likely to be 9 July. I hope your Lordships will accept the need for these regulations and that the need is pressing. The approach here is another strong example of the continuing role that the UK has taken to protect the marine environment, not just not around our coastline but throughout the world, including our overseas territories. This legislation will deliver one of the strongest, if not the strongest, bans on microbeads in the world. There is clearly much more work to be done, both at home and internationally, on marine litter and pollution and the protection of our seas and oceans.

Evidence concerning microplastics has provided us with information about the potential environmental impacts of microbeads. Ingestion of microplastics by some marine organisms can reduce digestion of food and adversely affect reproduction. They can also be passed along marine food chains. In addition, we know from current evidence, some funded by Defra but also available from other sources, that chemical pollutants can leach from and attach to microplastics, with the potential that these could increase exposure levels of toxins when ingested by marine organisms. Microplastics themselves may also contain potentially harmful chemicals.

I recognise the efforts that industry has taken to address the problem of microbeads. A number of manufacturers and retailers have already stopped using microbeads in their products or have committed to do so, but we have now reached a stage where we have to take more decisive action. Natural alternatives for microbeads do exist. These are readily available and, indeed, were used successfully in personal care products before plastic microbeads were introduced. The approach we have taken is based on clear evidence and as a result has the support of a wide range of stakeholders. Our action on microbeads is a further demonstration of our commitment to address marine litter and protect our seas and oceans. This is an important measure. Marine pollution is no respecter of boundaries and we must work collaboratively, but today we have a particular opportunity for our country to send out the strongest of signals. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am delighted to welcome these regulations to ban the production of microbeads in water-soluble cosmetics. I agree with absolutely everything that the Minister said. I declare an interest as a district councillor; it will become clear why later on.

As the Minister said, there are other suitable non-plastic alternatives available to the cosmetics industry. Around 72% of manufacturers have already switched from plastic microbeads to other, more sustainable alternatives, but this leaves 28% of UK cosmetics manufacturers to fall into line. At the end of 2016 and the beginning of 2017 there was an extensive public consultation, which supported the ban on microbeads. As the Minister said, currently that applies only in England but it is expected to be extended to Wales, Scotland and Northern Ireland in July next year. The cost of the ban is approximately £500,000. This is clearly a manageable sum for the largest cosmetics manufacturers. Smaller, local manufacturers do not use microbeads and so are unaffected by this legislation.

As the Minister said, these microbeads are small plastic particles which move through the sewage system and out into the sea, where they are consumed by marine life, sometimes adversely affecting digestive systems. The impact assessment states:

“There is little evidence of the impact to human health”,


although the Department of Health is conducting a review. Fish digestive systems, where microplastics are likely to get caught, are usually removed when preparing fish for human consumption. This is a personal warning to me as I am a great fan of sprats, which I eat whole. Perhaps I will have to change my eating habits.

That apart, my only real concern relates to the enforcement of the regulations surrounding the ban. This is to be allocated to local authorities. As most noble Lords are aware, local authorities have had their budgets cut drastically and are finding it extremely difficult, if not impossible, to make their income stretch over the services they deliver. To add another burden to them could mean that the regulations are not properly enforced—not because local authorities would not wish to do it but because they simply may not have the money to carry out the function effectively. I flag this up to the Minister and seek reassurance.

Regulation 2 relates to who will be enforcing the regulations. Sub-paragraph (d) states that this will be,

“in relation to an area in the rest of England, the county council for that area or, where there is no county council for that area, the district council for that area”.

So is it only county and district councils which will be carrying out the enforcement in most of England? In sub-paragraphs (a), (b) and (c) there is no mention of metropolitan areas apart from London or of unitary authorities. Is this an unfortunate omission? Are these areas excluded? Have I missed something? I would be grateful to the Minister for some clarification.

That apart, I am absolutely delighted to support these regulations, and thank the Minister for his very helpful briefing. I very much look forward to further bans on the unnecessary use of plastics, which the Secretary of State announced this morning.

Rural Poverty

Debate between Lord Gardiner of Kimble and Baroness Bakewell of Hardington Mandeville

Tuesday 5th December 2017 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, with ever-increasing house prices in rural areas, local working families are priced out of the market. The right-to-buy scheme has not led to new housing replacing those sold. There are now large numbers of essential workers unable to afford to live in rural areas. Do the Government agree that it is time for them to provide homes for essential workers, such as care workers, teachers, nurses, firefighters and front-line police officers?

[Lord Gardiner of Kimble]

My Lords, that is why I mentioned the £9 billion in the affordable homes programme scheme. We did this precisely because we want people working in the countryside to be able to ensure that communities tick and that they have affordable homes. Last week I was at a very interesting rural affordable housing development in Warwickshire—another fine example of the many sensitively built and small-scale schemes doing exactly what we need to do to keep villages vibrant.