Conference of the Parties to the United Nations Framework Convention on Climate Change (Immunities and Privileges) Order 2021

Lord Oates Excerpts

Monday 6th September 2021 Grand Committee

[Lord Parkinson of Whitley Bay (Con)]

My Lords, this instrument was laid on 7 July in accordance with Paragraph 10 of Schedule 1 to the International Organisations Act 1968. It confers privileges and immunities in support of the 26th Session of the Conference of the Parties to the United Nations Framework Convention on Climate Change: COP 26. That will take place in Glasgow from 31 October to 12 November this year. This order is required so that the UK can comply fully with the obligations of the host country agreement that we have negotiated with the secretariat of the UN Framework Convention on Climate Change.

As president of COP 26, we are hosting the biggest event of this kind that the UK has ever seen. It presents us with a unique opportunity to demonstrate our global leadership on the issue of climate, delivering our objectives to accelerate worldwide action to tackle climate change and to deliver a green recovery and sustainable jobs. We are committed to delivering a whole-of-society conference in Glasgow and are working with the Scottish Government, the Welsh Government and the Northern Ireland Executive to ensure an inclusive and ambitious conference for the whole of the United Kingdom.

During the opening days of COP 26, we will host a world leaders’ summit. We are expecting up to 120 world leaders to accept the Prime Minister’s invitation to attend in person. The summit will set the stage for 12 days of talks. Teams of negotiators, government representatives, businesses and citizens will work together to develop solutions to the challenges that are now global priorities for us all. While interlinked, the world leaders’ summit and COP 26 are separate events in administrative terms. This SI deals with COP 26 only. Separate provisions are being made for participants in the world leaders’ summit.

A core principle of this framework is that functional immunities be accorded to all those performing functions in connection with the conference and all those invited to the conference. Ensuring that all participants feel that they can discharge these functions without fear of official or legal consequences is a fundamental requirement of a successful COP. We expect to welcome more than 25,000 participants to Glasgow and recognise the need for them to be able to perform their functions freely. If we were to accord privileges and immunities to all, however, we would be going far beyond what we would consider functional need. In particular, protections regarding freedom of expression and freedom of assembly already exist under UK domestic law.

Negotiations have taken place with the UN, at the highest levels, to keep the number granted privileges and immunities as small as possible without compromising participants’ freedom to function. We have reassured the secretariat and the UN that the extensive protections that exist in UK domestic law as regards freedom of expression and freedom of assembly negate the requirement for the widespread granting of privileges and immunities.

I am pleased to confirm that we have been successful in reaching agreement that we shall confer privileges and immunities on only three categories: UN officials who do not already enjoy them; the delegations of member and observer states, otherwise known as the parties; and core personnel from the Clean Development Mechanism, the Green Climate Fund, the Adaptation Fund and the Global Environment Facility. These privileges and immunities include immunity from arrest and detention and from suit and legal process for certain individuals while they are exercising their functions in connection with the conference. It does not grant personal immunity or inviolability, nor will it extend to British nationals, permanent residents or their spouses or partners.

We have carefully considered the effects of the ongoing pandemic and the interplay between privileges and immunities and a COP held in that context. We have agreed with the UN Secretary-General and the Executive Secretary of the UNFCCC that a robust Covid management plan will be put in place and that the observance of those provisions will be enforced through a code of conduct which all participants will be required to accept.

Along with our colleagues in the Scottish Government, Glasgow City Council, public health bodies and the UN system, we are continuing to monitor the pandemic and are developing a comprehensive package of measures to help protect participants and the local community from the risk of Covid transmission during COP 26. The measures we have identified include vaccination, quarantine arrangements, bespoke test, trace and isolate procedures, hygiene protocols and enhanced ventilation. We are strongly recommending that participants be vaccinated, and the UK will work with the UN to provide vaccines to COP 26 participants who would otherwise be unable to secure them.

This instrument forms a necessary part of the UK’s compliance with the obligations in the host country agreement to be signed by the UK and the UNFCCC secretariat. It balances, on the one hand, the desire to limit the granting of privileges and immunities to a minimum, and on the other, the COP’s founding principle that all participants should be able to voice their legitimate opinions without fear of legal repercussion. It avoids setting unwelcome precedents for UN conferences held in countries which do not have the level of personal freedoms that we enjoy here in the UK, for instance by limiting freedom of assembly, which can allow the general public to express views through peaceful demonstration. It is a fundamental element of success as we demonstrate to the world that the UK is a global power that respects the rules-based international system and can respond to an ever-changing global environment.

We will continue to join forces with our global counterparts, civil society, the private sector and those on the front line of the fight against climate change to inspire action ahead of COP 26. We are firmly resolved to uphold the principles of freedom of expression, inspire debate and lead a movement towards consensus. In this way, we can achieve our ambitious goals to reduce emissions and rebuild through a green economy.

The UK is clear in what we want to achieve through our COP presidency. This instrument is an important step in welcoming the world to Glasgow so that the international community can agree decisive action to win the fight against climate change. I beg to move.

[Lord Oates (LD)]

My Lords, I thank the Minister for his introduction to this SI, which is obviously necessary in line with our obligations as host nation. He talked about the three categories of people who will be granted immunity. Can he give us an indication of how many in total that will be? Can he also go a little further in explaining the extent of immunity from suit? He said that it related only to actions relating to the duties of these delegation members in connection with the conference. However, if they act illegally while attending the conference outside it are they immune from prosecutions for, for example, being drunk and disorderly?

Can the Minister tell us what is the nature of the privileges and immunities relating to personal baggage, which is mentioned specifically, and does that mean that baggage is exempt from searches? If so, how will the Government ensure that these privileges are not abused and what degree of scrutiny, given what I imagine is a fairly large number of individuals, will there be to ensure that such immunities are not provided to individuals who could pose a security risk?

Environment Bill

Lord Oates Excerpts

Committee stage
Wednesday 14th July 2021 Lords Chamber

Speaking personally, I cannot see why, if we were to go down this route, the owner of the soil should not be capable of being bought out at the behest of one of the rights holders in the way the amendment proposes. After all, that would be even-handed. I certainly do not think all this is likely to be helpful in the real world. I urge the Government to approach the direction of travel proposed by this amendment with the greatest circumspection. I anticipate it would end up causing more harm than good, and the silver tongue of the noble Lord, Lord Cameron, is unlikely to make me change my mind.

[Lord Oates (LD)]

My Lords, I also welcome the noble Lord, Lord Cameron, back to his place in this House. Like the noble Baroness, Lady Jones of Moulsecoomb, I must admit that, due to the diligence of his attendance on-screen, I too had not been aware that he had not been present. I understand the arguments made by the noble Lord for his Amendment 276A and recognise that he has proposed it very much as a probing amendment, but it seems a complex concept to introduce at this stage and it would need quite a lot of consideration.

I want to concentrate mainly on the amendments in the name of the noble Earl, Lord Devon. I am neither farmer, landowner nor lawyer, but, like many others in this Committee, I found his arguments compelling. As he said, conservation covenant agreements offer a potentially exciting and positive development, but, as he also told us, there are significant complexities. I am not sure that I agree with the noble Baroness, Lady Jones of Moulsecoomb, that they are just minor wrinkles to be smoothed out, because they seem pretty fundamental. Like the noble Earl and the noble Lord, Lord Lucas, I feel that introducing for-profit organisations into this area does not seem sensible, particularly at such an early stage in their development.

Likewise, the ability to bind successors in perpetuity is clearly very significant, as is the ability to seek exemplary damages on the basis of those agreements. Whatever one thinks, the idea that a landowner could find themselves bound in perpetuity to a commercial interest and subject to exemplary damages simply by the exchange of messages, as the noble Earl explained, just cannot be right. While I am instinctively suspicious of a proposal from a lawyer, even one as articulate as the noble Earl, Lord Devon, to provide more work for lawyers, nevertheless on this occasion I accept fully the argument that he makes. Any agreement of such enduring significance must surely first be explicitly recognised as a covenant agreement, not just something that seems to be one—and surely no one should enter into such agreements without professional advice, given their significance.

As the noble Earl said, covenant agreements offer an important new approach that could be extremely significant. However, given that they also trespass on very complex areas of law, they should be treated and proceeded with cautiously. Therefore, I hope that the Minister will take very seriously the arguments put forward by the noble Earl and look at how the Government can address this important part of the Bill.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I declare an interest as a member of the South Downs National Park Authority. I am very grateful to the noble Earl, Lord Devon, for tabling these amendments and introducing them with such clarity. As the noble Lord, Lord Cameron, said, he was very persuasive. On that subject, we welcome the noble Lord, Lord Cameron, back to his seat—he made his own very persuasive and silver-tongued contribution. I listened very carefully to what he was saying, but I am afraid that, like other noble Lords, I was not totally persuaded. Perhaps it is just because we have not had enough time to consider what seemed, the more we talked about it, to be a more and more complex issue. Forgive me if I do not dwell on that, because I feel I am out of my comfort zone in understanding the implications for the use of common land. Perhaps we can return to that issue at some point when we have more time to debate it in detail.

I return to the amendment proposed by the noble Earl, Lord Devon. We welcome the essential principle of the conservation covenants in the Bill, which the noble Earl said was a result of the Law Commission’s recommendations. As a number of noble Lords have said, there are real concerns as to how these covenants will be applied in practice. The noble Earl said that it was particularly important that smaller farmers understood the full implications of entering into these covenants and are protected from exploitation. He has given some examples of the perverse consequences of historic covenants in the past, and I suspect that they will become more common in future. Already we are hearing in the south downs about farmers being approached by public bodies that want agreements to provide a home for their carbon offset obligations. I have no doubt that those sorts of pressures are only going to increase.

As the noble Earl says, it is in danger of becoming a bit of a wild west situation. It is likely that biodiversity net gain will create a new swathe of developers, public and private, looking to do deals with farmers to offset the damage that they are doing to the environment elsewhere. Already we are hearing talk of environmental stacking, whereby farmers have multiple obligations to different bodies to deliver environmental benefits, with all the legal complexities that would ensue if that became commonplace. Incidentally, this once more underlines the case of my noble friend Lady Young of Old Scone that we need a land-use strategy so that growing food, carbon offsetting and enhancing biodiversity all develop into a coherent policy whole, and we know where the priorities lie.

Of course, these developments could be an advantage to farmers and the environment if they were managed properly, but these agreements need to be managed with care to ensure that farmers are not exploited by big corporate players and their lawyers. That is why the noble Earl, despite being a lawyer, is quite right to pursue these amendments. They would make it clear that the covenant was a formal legal document, signed as a deed, which one hopes would ensure that the farmer received appropriate legal advice.

The noble Earl is also right to probe, in Amendment 274, what organisations that are not public bodies or charities can be defined as responsible bodies for the purpose of this clause. We agree that there are real concerns about for-profit organisations entering this market, with the potential lack of responsibility and knowledge that many of these organisations will have. We need to be assured that all the organisations described as responsible bodies have expertise in conservation. Since many of these agreements will be for the long term, we need to be clear about what happens if a responsible body holding a covenant subsequently becomes insolvent or ceases to exist, or simply sells that covenant on. A number of noble Lords have probed the consequences that could occur from applying those covenants in perpetuity, and the impact that that could have on the individual.

It seems to me that we need answers to this, and the noble Earl’s amendments go a considerable way to addressing it. I also agree with the amendments laying greater duties on the Secretary of State to manage the covenants in those circumstances, particularly in the longer term. As the noble Baroness, Lady Jones of Moulsecoomb, said, what is the point of having the stopgap of the Secretary of State if he is not required to do anything, as is the case under the current provisions?

In conclusion, I very much believe that the noble Earl has made a powerful case for these amendments. Alarm bells are ringing about the actions we need to take to get this right. I hope that the Minister has heard the concerns from around the Chamber. It would be helpful if, as a matter of urgency, she was able to meet the noble Earl—and I hope that we will be able to find a solution and a revised wording of the Bill.

Environment Bill

Lord Oates Excerpts

Committee stage
Monday 12th July 2021 Lords Chamber

[Lord Harries of Pentregarth (CB) [V]]

My Lords, I wish to support Amendment 264ZA, in the name of the noble Baroness, Lady Jones of Whitchurch, and Amendment 264A, in the name of the noble Baroness, Lady Meacher. As we know, the rate of deforestation on our planet is a scandal and an increasing threat to both our climate and the extent of our biodiversity. In some parts of the world, it is also a threat to the indigenous population who live in the forests, a denial of their fundamental human rights. Their habitat, their lives and their livelihood are often endangered by deforestation.

Amendment 264ZA, in the name of the noble Baroness, Lady Jones, rightly seeks to ensure that if forest risk wood is imported, it has been felled only with the permission of the indigenous population. It is not enough just for local laws to be observed, which may be too permissive or open to manipulation by local interests; there must be safeguards for those most directly affected. Our laws cannot reach into those areas, but we can at least ensure that we do what is open to us to do in this country, which is to have appropriate checks in place for importers of forest risk material.

Amendment 264A, in the name of the noble Baroness, Lady Meacher, has a similar purpose: to do what we can in this country to prevent exploitive deforestation. It would ensure a total prohibition, except in relation to indigenous people, on importing forest risk products from agricultural land which should never have been cleared in the first place, as trees should still be standing. The noble Baroness put forward powerful arguments in favour of her amendment, strongly supported just now by the noble and learned Lord, Lord Thomas of Cwmgiedd, with his important phrase about retrospective validation. A forest which should never have been felled in the first place might get some kind of legal retrospective validation, but we need to ensure that that wood should still not be imported. For those reasons, I strongly support both those amendments.

[Lord Oates (LD)]

My Lords, I declare my interest as chair of the advisory board of Weber Shandwick UK. As we have heard in this debate, deforestation poses a catastrophic threat to biodiversity and to the climate of our planet, but in addressing these issues we should show some humility and acknowledge up front that we have almost completely deforested our landscape in the UK and in much of Europe, and we need to be conscious of that in all our debates.

However, the fact remains that life on our planet will not be sustainable if the current rate of deforestation continues. We have heard a range of analogies and figures in this respect. The World Wide Fund for Nature estimates that the equivalent of 30 football pitches of forestry were lost every second in the tropics in 2019. That is a staggering rate of destruction and there are many worrying signs that it is accelerating.

I welcome the Government’s attempts to address the issue in the schedule, but they would be immeasurably strengthened by the majority of the amendments in this group. There seem to be a few main themes in the amendments. The first is around strengthening parliamentary procedures to ensure proper scrutiny of the delegated powers under this section of the Bill. Amendments 260B and 260C in the name of the noble Lord, Lord Randall, to which he spoke so clearly, seek to tackle that. From these Benches, we certainly support him.

The second theme seeks to tackle the issue of legal deforestation and the rights of indigenous people. The amendment of the noble Baroness, Lady Meacher, is critical if the Bill is to have real effect. As we have heard, it is supported by the noble Earl, Lord Sandwich, who, for technical reasons, was not able to be here but was very keen that his support was underlined.

As the noble Baroness, Lady Meacher, said, and as the noble and learned Lord, Lord Thomas of Cwmgiedd, underlined, if we continue simply with the definition in the Bill as the Government have drafted it, the Bill could end up being counterproductive, either having little effect or incentivising countries to legalise further deforestation, as the noble Baroness said.

We know that there is a particular issue in certain jurisdictions, and we have heard about the situation in Brazil, where, sadly, the President seems to have little regard either for the need to protect forests or for the rights of indigenous people. Although I understand that there are a lot of complexities around WTO rules, their main focus is around non-discrimination; as long as one tackles that and provides a mechanism that is non-discriminatory but focused on actions, that should be possible.

Amendment 264ZA, in the name of the noble Baroness, Lady Jones of Whitchurch, which I have also signed, aims to ensure that forestry commodities cannot be used unless the consent of indigenous communities has been obtained prior to their production.

There are those who claim that measures to prevent deforestation are somehow a case of westerners seeking to impose their values on other countries, having hypocritically destroyed their own forests. However, the reality is that local indigenous people suffer most from deforestation, and it is very often unscrupulous multinational, often western, firms that are responsible for destroying forests and the livelihoods of indigenous people. My noble friend Lady Sheehan and the noble and right reverend Lord, Lord Harries, also set out the importance of the human rights angle in relation to deforestation. The amendment of the noble Baroness, Lady Jones, seeks to address this gap, and we on these Benches strongly support it.

The third theme in this group of amendments relates to the financing of forest destruction, which is a critical area. Amendment 265A, in the name of my noble friend Lady Parminter, which has support from across the Committee, seeks to address the financing of deforestation, and is highly significant. My noble friend explained the critical role of capital, including UK capital, in funding tropical deforestation, and the fact that banks do not have the mechanisms in place to ensure that they are operating proper due diligence and not funding illegal forest clearance. As the noble Lord, Lord Blencathra, said, the watchword here is “follow the money”—that is critical. My noble friend also highlighted the need to protect the reputation of the City if we are to establish ourselves as a centre of green finance in the world. This amendment would help in all these regards.

The theme of global impact is enshrined in Amendment 293B of the noble Lord, Lord Randall, which would require the Government to set a target to reduce the UK’s global footprint. Again, this is a key amendment in tackling deforestation. As the noble Baroness, Lady Bennett of Manor Castle, said, it is perhaps the most crucial because it gets to the heart of the issue by targeting resource use, and we support this approach.

Finally, there were a number of other important amendments in the name of my noble friend Lady Sheehan, including: Amendment 264B, on introducing an assessment of the level of risk; Amendment 265ZA, which, as my noble friend explained, would require the Secretary of State to consult with relevant persons before making regulations under the schedule; and Amendment 265AA, which would require a regulated person to take all steps necessary to implement an effective due diligence system, rather than the lower bar of “reasonable” steps. The noble Lord, Lord Lucas, also had a number of amendments which are interesting, but we would want to understand a little more about their operation before supporting them.

Environment Bill

Lord Oates Excerpts

Committee stage
Wednesday 7th July 2021 Lords Chamber

Moved by

[Lord Oates]

212: After Clause 95, insert the following new Clause—
“Power to conserve biodiversity
After section 40 of the Natural Environment and Rural Communities Act 2006 insert—“40ZA Power to conserve biodiversity(1) This section applies to—(a) a local authority in England other than a parish council, and(b) a local planning authority in England.(2) For the purposes of complying with the general biodiversity objective under section 40(1) and (1A), a public authority to which this section applies may designate a site within the area of the authority as a site at risk of biodiversity loss.(3) Proposals under this section must be submitted for consideration to a public meeting in the area to which they relate prior to a site being designated.(4) An authority exercising powers under this section must have regard to any views concerning the proposals expressed by—(a) those attending the meeting;(b) those who own or otherwise possess land in the proposed site at risk of biodiversity loss;(c) any other party with a relevant interest in the site.(5) An authority exercising its power under this section may publish a plan to protect the biodiversity of a designated site, which may include—(a) an assessment of the impact that any plan, project or other activity may have on the biodiversity of the protected site,(b) its assessment of activities that should not take place on the site where it reasonably believes those activities would be significantly detrimental to biodiversity on the site, and(c) any plan, project or other activity that the authority considers is necessary for the purposes of protecting biodiversity on the site.(6) An authority exercising its power to designate land under this section may enter into a “conservation covenant agreement” with a landowner as provided for in Part 7 of the Environment Act 2021.s(7) An authority to which this section applies has a right of entry to land designated as a site of importance for local biodiversity, where it has reasonable cause to believe that local biodiversity is at significant risk.””Member’s explanatory statement
The purpose of this amendment is to provide local authorities with powers to assist them in discharging their duties under Clause 95 “General duty to conserve and enhance biodiversity”.

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[Lord Oates (LD) [V]]

My Lords, I speak to Amendment 212 in my name and those of my noble friend Lord Teverson and the noble Baroness, Lady Bennett of Manor Castle. I am grateful to both of them for their support. I will also speak to Amendments 270 to 273 and Amendment 275, also in my name, which relate to conservation covenant agreements in Part 7 of the Bill and flow from the principal Amendment 212.

There is much in the Bill about the power of the Secretary of State to impose duties on local councils and other public authorities, but there is next to nothing about the power of these authorities to discharge their duties. This is as apparent in Part 6, “Nature and Biodiversity”, as it is elsewhere, where councils have many duties in respect of maintaining local biodiversity but precious few powers to do so.

My amendments seek to address this. Amendment 212 aims to tackle an issue that arises where landowners are destroying biodiversity on their sites, sometimes because they are frustrated at failing to get planning consent and think it may be easier to achieve if the site is a barren wasteland, devoid of nature. At present, local authorities have very little power to stop them and, while I understand that there are powers under the Wildlife and Countryside Act that allow the police to act in certain circumstances, they themselves face resource constraints and, for understandable reasons, often have more pressing priorities. Amendment 212 would allow a local authority to designate land as a

“site at risk of biodiversity loss”,

with consequent powers to enter land to inspect what is taking place and to enter into a conservation covenant agreement with the landowner.

The subsequent Amendments 270 to 273, and Amendment 275, which relate to the conservation covenant agreements, seek to automatically list local authorities as the default responsible bodies able to enter into such agreements. At present, only the Secretary of State is listed as a responsible body, although he or she has the power to designate a local authority, or indeed any other body, as a responsible body.

There are two reasons for my amendments requiring local authorities by default to be deemed responsible bodies. The first is that the conservation covenant agreement is in many ways analogous to the listed building heritage partnership agreements under Section 60 of the Enterprise and Regulatory Reform Act 2013. These are within the remit of the local authority. It seems to me that, in the case of the conservation covenant agreements, the default responsible body should be the local authority and another body should be designated only if it can manifestly be demonstrated to be the more appropriate body. Local authorities are on the front line in the fight against biodiversity loss. They have knowledge of the actual situations on the ground in the locality that the Secretary of State can never hope to have, however omniscient they may convince themselves they are.

Secondly, Amendment 212 provides that the local authority may enter into a conservation covenant agreement in relation to a site that it has designated as at risk of biodiversity loss, in order to agree with a landowner a schedule of works that is permissible to maintain a site without damaging its biodiversity. Unless Part 7 is amended, the local authority might find that it does not have that power because, by act of omission or commission, the Secretary of State has not designated it a responsible body.

I was prompted to bring all these amendments to the Committee as a result of a particular situation which has arisen in my home borough of Kingston-upon-Thames, relating to the Seething Wells filter beds site, which may be familiar to the Minister. It is a former Thames Water facility next to the river in Surbiton, which has significance not only for nature and biodiversity but for history, having played a key role in helping Dr John Snow prove cholera was water-borne. The site is designated as metropolitan open land and has been disused since its decommission in 1992. It subsequently developed into a haven for plant and animal life, including birds, bats and grass snakes. It is an important site for biodiversity in the borough. Following a number of failed planning applications over many years on the site, the current owners embarked on the widescale destruction of vegetation, destroying these precious habitats and leaving the site barren. The council has largely had its hands tied. It had no power to stop the owners doing what they were doing, or even to enter the site to find out exactly what was taking place. As a consequence, the biodiversity of this important local site has been lost. But nature could return to the site if the council was given the powers to intervene that would be provided by my amendments.

In the context of this site, I pay tribute to the appropriately named councillor Liz Green, whose passion to protect this site inspired this amendment, and to the Seething Wells Action Group, for all its committed campaigning. The situation at Seething Wells is a tragedy in itself, but it is evident from local authorities across the country that many face similar challenges and similarly lack the powers to tackle them.

These amendments would ensure that a local authority could designate land as a site of biodiversity loss, and would provide a local authority with the power to enter such land

“where it has reasonable cause to believe that local biodiversity is at significant risk.”

They would allow councils to publish a plan to protect the biodiversity of a designated site and to enter into a conservation covenant agreement with the owner of the land. As such, these amendments would provide important tools in the armoury of local authorities as they seek to protect land that is a precious biodiversity resource for their local communities.

I hope that, in his response, the Minister will recognise the important role that local authorities can play in protecting local biodiversity if they are empowered to do so. I also hope that he can give me some assurance that he is prepared to consider how the Government can incorporate the intent of these amendments into the Bill. To that end, I would welcome the opportunity to discuss this matter with him in the coming weeks, so that we can ensure that, in future, local councils across the country have the powers to prevent the sort of heartbreaking biodiversity destruction that has occurred on the Seething Wells filter beds site and ensure that such things never happen again. I beg to move.

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[Lord Oates (LD)]

My Lords, I am grateful for the support from my noble friend Lord Teverson, and from the noble Baronesses, Lady Jones of Moulsecoomb and Lady Boycott. The noble Baroness, Lady Hayman of Ullock, will not be surprised to know that I discussed my amendments with my noble friend Lady Parminter. The amendments do different things: the one does not replace the other. But I would be happy to talk with the Labour Front Bench more about this in future.

I was pleased when the Minister indicated that he wanted to finish this group tonight, because it would have seemed wrong to take it on to another day—but I would have been less pleased if I had known how peremptory his response would be, and how little it answered the questions that are given rise to in this amendment. He said that local authorities had the power to act already. I would be grateful if he would write to me and tell me under what powers Kingston Council could have entered the site to investigate what was going on and to stop the destruction of vegetation. If those powers exist, I would be grateful if he would share them with me. He said that local authorities already have the power under the Bill to enter into conservation covenant agreements—but that is only if they are so designated by the Secretary of State.

So I cannot hide my disappointment in his response. This is a very important issue: it affects local authorities up and down the country. It is not is not about the creation of strategies, it is about the ability to act to enforce and prevent the destruction of biodiversity. So I very much hope that the Minister will agree to meet and discuss this further. If the Government are not willing to move on this, I will want to come back to this, as it is such a critical issue. For now, I beg leave to withdraw the amendment.

Amendment 212 withdrawn.

Environment Bill

Lord Oates Excerpts

Committee stage
Monday 5th July 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I welcome this part of the Bill. I refer to my interests as in the register, in particular that I am vice-president of the Association of Drainage Authorities and that I worked with the Water Industry Commission for Scotland for a number of years. I also declare my interest as co-chair of the All-Party Parliamentary Water Group. I welcome Amendments 160A, 160B, 160C as probing amendments and would like to follow up the comments made by the noble Lord, Lord Cameron, and my noble friend Lord Blencathra.

In the regulations to which the Government refer, and as referred to specifically in the amendments by the noble Lord, Lord Cameron of Dillington, it would be helpful to know who the consultees are. I wish to place on record what an enormous difference it has made since the Environment Agency became a statutory consultee to applications for major new developments. I know that at one stage drainage boards themselves would have liked to have been considered as statutory consultees in relation to similar amendments, but they are focused more now on the provisions of the Bill which relate to drainage authorities, which I personally welcome, and which we will come to later. It is essential in my view—and I do have an amendment down to this effect—that water companies be considered as statutory consultees, for reasons which we will discuss elsewhere.

I welcome the references to water efficiency in earlier parts of the Bill, and I am delighted that the noble Lord, Lord Cameron of Dillington, referred to water moving between catchments. Catchment management control is a very positive way forward. He also referred to reservoirs. Has my noble friend the Minister had the chance to look at—and, if not, will she look at—the most recent advice given by Professor Balmforth on reservoirs? I particularly support what the noble Lord, Lord Cameron, said about smaller reservoirs, particularly in the context of what my noble friend Lord Blencathra said about nature-based solutions. We had an extremely successful scheme with the Slowing the Flow at Pickering pilot project, which only involved public bodies, and I am delighted to say that Pickering has not flooded since we have had this scheme in place. I pay tribute to all the partners—albeit public partners—that have been involved. We can slow the flow not just by building reservoirs, as those of a particular size do pose problems because of the current legislation, but smaller bunds and dams, and smaller reservoirs all have a role to play.

I welcome these as probing amendments to see specifically what form of consultation the Government have in mind in the context of these provisions in Part 5.

[Lord Oates (LD) [V]]

My Lords, I am pleased to follow the noble Baroness, Lady McIntosh of Pickering, and I welcome the amendments put forward by the noble Lord, Lord Cameron of Dillington, on the important issue of consultation.

As noble Lords are aware, the Bill as currently drafted would delete subsection (8) of Section 37A and subsection (7) of Section 39B of the Water Industry Act 1991, which provide for a list of statutory consultees that “shall” be consulted, to use the wording in that Act. It replaces those subsections of that Act with a new Section 39F which would allow, but does not require, the Secretary of State to make provision for preparing and publishing a water resources management plan, a drought plan and a joint proposal. It fails to set out the list of stakeholders which must be consulted, as required in the existing Act. The amendments in the name of the noble Lord, Lord Cameron, would address that.

I note that, back in 1991, it seems that Bills that came before Parliament were a lot less equivocal than what we have now. The word “shall” rings out throughout the Water Industry Act 1991, whereas the word “may” is the dominant phrase of this Bill. Of course, the use of “may” puts far more power in the hands of Ministers and far less power in the hands of Parliament. Beyond the issues directly addressed in these amendments, there are a number of subsections in the new Section 39F which involve “may” where, in my view, a “shall” would be much the preferred formulation. Section 39F(5), for example, provides that

“regulations may make provision for the purposes of ensuring that persons likely to be affected by the plan or proposal have a reasonable opportunity to make representations to the Minister.”

Again, it would be useful if that was a “shall”, and the Bill would be considerably improved if most instances of “may” became “shall”. But for the moment, we on these Benches are happy to support the amendments in the name of the noble Lord, Lord Cameron.

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[Baroness Young of Old Scone (Lab) [V]]

My Lords, this is a rather substantial group of amendments, and I am a very insubstantial person right at the end of list. Nevertheless, I will have a go, because it is a very important group.

Climate change has an increasing impact. We are seeing lower flows in rivers, more intense rainfall flowing rapidly off land and hard surfaces into watercourses and more occasions when storm overflows are spilling untreated sewage into our rivers. We need to take swift action to ensure that less rainwater and surface run-off gets into the foul water spill-off system. Noble Lords have previously remarked on that; it is a very ridiculous way of managing a drainage system to put clean water with dirty water.

Some 50% of our storm overflows that are in the firing line tonight are in fact probably okay and operating within acceptable limits. However, 30% have unknown impact: we do not know what harm they are causing and there is an urgent need for better understanding of that impact. Meanwhile, 15% are already known to have totally unacceptable impacts and need either engineering or catchment base solutions, so that they do not spill. This means bigger storm tanks, conveyance by pipes to alternative treatment works, increasing the capacity of some sewage treatment works and possibly UV treatment, as well as reducing the amount of surface water that goes into the foul water system.

Currently, drainage from roads can automatically be discharged into the foul water system. Can the Minister assure us that the Government will make it mandatory for all major new roads to have substantial drainage systems with sufficiently large tanks in flood conditions to ensure the foul drainage systems are not overloaded with unacceptable resulting spillages?

For all these reasons I support Amendment 161 in the names of my noble friend Lady Jones of Whitchurch and the noble Baroness, Lady Jones of Moulsecoomb—one can never have too many Baroness Joneses—and my noble friend Lady Hayman of Ullock. It inserts the provisions of Philip Dunne’s Sewage (Inland Waters) Bill, which has been praised already by several noble Lords. In my view, this lays out a fairly comprehensive and effective strategic approach with a menu of options. That is very different from the Government’s rather limp and inadequate Amendment 165, which is all about monitoring and publishing and not about doing.

I also commend the spirit of Amendments 166, 167 and 168, tabled by the noble Duke, Lord Wellington, the noble Baroness, Lady Altmann, and the noble Lord, Lord Oates, which seek the elimination, not just the reduction, of untreated sewage. These amendments talk about using “all reasonable steps”. I suspect that the Government’s judgment of what is reasonable—if we can take their woolly, wishy-washy amendment as a yardstick—would be different from what may be judged reasonable by noble Lords.

I also support Amendment 172A, tabled by the noble Lord, Lord Cameron of Dillington, which seeks to ensure that CSOs are discharged on a temporary basis only in agreed, genuine storm conditions in terms of volume and duration of rainfall. Too many CSOs regularly discharge in conditions that are far from storm conditions.

I also comment on and commend my noble friend Lord Whitty’s Amendment 161B on reducing domestic and non-domestic water consumption. As he noted, it appears rather oddly in this group since it is concerned with water quantity rather than quality. We simply cannot live with the fact that a rising population could be allowed to lead to a rising demand for water, as increasingly erratic weather patterns could mean more frequent periods of low rainfall and consequent drought and the current over-extraction from rivers and aquifers for agricultural industry use is already a problem.

There are some fascinating statistics in this area, and we may well rehearse them again when we get to clauses covering water quantity. Currently, the average Brit uses 142 litres per day, while the average German person uses 121. The gradient is even more marked between London and Berlin: the average Londoner uses 150 litres per day, and the average Berliner uses 110. To my certain knowledge, using a scratch-and-sniff test, I have not yet detected any difference in the hygiene levels of Berliners, who are using almost a third less water than Londoners. Added to that, customers with a water meter use 129 litres per day, while those without one use 171.

There is clearly big scope for increased water efficiency, and the amendment of my noble friend Lord Whitty would require the Secretary of State to set targets to reduce both domestic and business consumption, which would drive a long-overdue change.

[Lord Oates (LD) [V]]

My Lords, I am pleased to support the amendments in the names of the noble Duke, the Duke of Wellington, and the noble Baroness, Lady Altmann, to which I have also put my name. As we have heard, they seek to strengthen the new clauses that government Amendment 165 introduces. As the noble Duke said, it is completely unacceptable that, in the 21st century, we are discharging raw, untreated sewage so regularly—or indeed at all—into our rivers. I also welcome the amendment in the names of the noble Baronesses, Lady Jones of Whitchurch, Lady Jones of Moulsecoomb and Lady Hayman, which has similar objectives and, as we have heard, takes up the initiative of Philip Dunne’s Bill in another place.

There are other important amendments in this group, including Amendment 161A, in the name of my noble friend Lord Chidgey, who made a powerful case for the amendments as a whole, but particularly for his, on the issue of septic tanks and rural connections to mains sewerage, which is a very important issue. He mentioned that, in continental Europe, septic tanks are progressively being phased out. I am lucky enough to have regularly visited a village that is beside the River Charente in south-west France, and I can confirm and attest that, some six or seven years ago, they phased out all septic tanks there and put the whole village on the mains sewerage system. The beautiful cleanliness of the Charente is testimony to the effectiveness of that: it is a great place to swim—unlike some of our own rivers, I fear.

Amendments 170A and 188D, in the names of the noble Lord, Lord Cameron of Dillington, and my noble friend Lord Teverson, need to be addressed by the Minister. As the noble Lord, Lord Cameron, explained, they highlight the important role of catchment partnerships and the need for their key role to be recognised in the Bill. I also strongly agree with the noble Lord, Lord Whitty, on the need to reduce domestic demand, but, as he said, that issue will be dealt with in other groups that we will come on to.

It is welcome that the Government have at least acknowledged that the existing Bill was substandard in the important area of discharges into rivers, and have brought forward an amendment to tackle that. However, from the debate that we have had this evening, it is abundantly clear that the amendment put forward by the Government falls woefully short. As the noble Baroness, Lady Jones of Whitchurch, said, it is a very pale imitation of Philip Dunne’s Bill, which it is supposed to take the place of, in some way. As we have heard, it does not impose a duty on water companies to take all reasonable steps to prevent sewage outflows; it aims only to reduce the frequency, duration and volume of discharges and has no ambition to eliminate them. It also does not set any specific targets for reductions.

It does require the Secretary of State to prepare a plan, but, as the noble Duke, the Duke of Wellington, said, it provides only that that plan “may” include proposals to reduce

“the need for anything to be discharged by … overflows”

or to treat “sewage that is discharged”, or “monitor water courses”, or “obtain information”. It is all “may”—there is no requirement that the plan must include these critical elements. In the previous group we were speaking on, I was not convinced at all by the Minister’s explanation, nor indeed by the explanation in the letter that we received ahead of this Committee stage, on “must” and “may”. We know that “may” puts the power in the hands of Ministers, and they may decide not to do any of the things that we wish them to do. So, that “must” is very important.

Environment Bill

Lord Oates Excerpts

Committee stage
Monday 28th June 2021 Lords Chamber

Finally, I realise that this is probably one of the most difficult aspects of Brexit because we are trying to legislate for a function that we cannot possibly replicate: to fine the British Government. When we were in the EU and subject to infraction and court proceedings, this was different. There was a sanction on the Government made externally from the UK Parliament. We might have complained about it and did not like all the decisions—even as a Minister, I did not. But that was not the issue, as the sanction had been made by an independent, outside body. We cannot possibly replicate that exact situation here and now, as no body which we can set up could have the power to fine the Government. But we can set up a body that works independently from government, to ensure that the parts of government and the private sector do what they should. It can be done without financial penalties being necessary—there are other ways of doing it—but that power is not in the Bill. That is the point; the power is not there, and unless it is the Bill will fail.

[Lord Oates (LD)]

My Lords, I am pleased to speak from these Benches in favour of the amendments in this group and to commend the noble Lord, Lord Cameron of Dillington, and the noble Baroness, Lady Boycott, for their excellent and powerful introduction of them. If I may paraphrase Oscar Wilde, I say to the Minister that for the Government to provoke the crossness of one Cross-Bencher is in itself careless, but to provoke the crossness of two is surely dangerous, particularly if those Cross-Benchers are as reasonable and thoughtful as the noble Lord and the noble Baroness. It is not just the Cross-Benchers who are cross; noble Lords have heard from across the House a rejection of the approach that the Government have taken.

One of the reasons for the crossness is that, as the noble Lord, Lord Krebs, and many others have said, we were promised a strong and independent office for environmental protection. The then Secretary for State for Defra, Michael Gove, said in a speech on 16 July 2019,

“we have to create … a new Office for Environmental Responsibility to hold government to account.”

He went on to say:

“There is obvious merit in their argument that any body which is designed to hold the Government to account is independent of ministerial interference.”


He promised:

“An Act that combines … comprehensive objectives with strong enforcement powers”,


but the OEP currently has no such independence. It has no strong enforcement powers; its members will be appointed, and its budget set, by the Government. It will be subject to the guidance from the Secretary of State on enforcement—the Secretary of State who should be subject to that enforcement—and its effectiveness will be undermined by the constraints placed on judicial enforcement.

As the noble Lord, Lord Cameron of Dillington, said at Second Reading, the office for environmental protection

“has not only to be independent but to be seen to be independent. As currently set up, it is neither”.—[Official Report, 7/6/21; col. 1206.]

That is why the amendments in his name and that of the noble Baronesses, Lady Boycott, Lady Jones of Whitchurch and Lady Young of Old Scone, are so important. As we have heard, Amendment 82 puts it beyond doubt that the OEP would be accountable to Parliament, rather than to the very Minister and Government who may be subject to its enforcement powers. It would do so by making it clear that the CEO is to be the commissioner of environmental protection.

Amendment 85, in the names of the noble Baronesses, Lady Jones and Lady Young of Old Scone, seeks to provide a greater degree of scrutiny and independent involvement in appointments to the OEP through the Defra committee and the Environmental Audit Committee. I may have misunderstood, but I did not see a conflict between the amendment of the noble Lord, Lord Cameron, and that of the noble Baroness, Lady Jones, because my understanding is that hers relates specifically to non-executive members, whereas the noble Lord’s first amendment relates to the chief executive in the role of commissioner of environmental protection.

Amendment 91 would provide a means of securing financial independence for the OEP through a role for the Public Accounts Committee. We have heard how important that is. The noble Lord, Lord Cameron, cited the experience of the Environment Agency and how significantly its budget has been cut; as a result, its enforcement powers in many regards have disappeared.

Together, these amendments seek to tackle many of the deficiencies in the Bill as it stands and which, at the moment, fatally undermine the independence of the OEP. I hope the Government will consider them carefully, but I fear that, at the moment, they simply do not understand the concept of independence. In Committee in the other place, Leo Docherty, who was then the assistant Government Whip speaking for the Government, had this to say:

“The operational independence of the OEP … should not impede the”


ability of the

“Secretary of State in exercising appropriate scrutiny and oversight of the OEP.”

But it is the OEP that should be exercising scrutiny and accountability over the Minister, so that in itself undermines the case. He went on to say:

“Requiring the Secretary of State to actively protect the OEP’s independence at all times would be incompatible with … ministerial accountability”.—[Official Report, Commons, Environment Bill Committee, 5/11/20; col. 316.]


I hope the Minister can explain those two rather extraordinary statements. If that is the Government’s position then it is quite clear that there is no independence for this office at all.

The noble Lord, Lord Cameron, impressed upon us the need for bold action rather than settling for politics as the art of the possible. To me, politics is the art of making possible what seems impossible. If this seems impossible in Committee, I hope that, by the time we get to Report, it will seem not only eminently possible but absolutely necessary.

I ask the Minister to put aside his ministerial brief and endorse independence of mind both for himself and for the OEP, possibly by backing these amendments, or another form of them if they need to be improved, but certainly by backing the principles behind them and by supporting the arguments that have been made by noble Lords with such cogency and passion.

[Baroness Jones of Whitchurch (Lab)]

My Lords, we have had an excellent debate. I feel as if I have had a master class from some very experienced practitioners on how government really works and what it is like to be on the inside of some of these decisions.

I shall speak to Amendment 85 in my name. I am grateful to the noble Lord, Lord Cameron, for setting out so comprehensively the case for enhancing the status and autonomy of the CEO of the OEP. As the noble Lord, Lord Oates, has said, those of us who know the noble Lord, Lord Cameron, know it is very unusual for him to be a cross Cross-Bencher, and it is a sign that we should sit up and take notice when he shows so much passion about the issue.

This is the beginning of a debate about the OEP’s lack of true independence which we will have in different forms over the next few groups of amendments. It has been hugely informative to have had insight from previous Ministers and chairs of NDPBs, who know how Ministers’ powers are really exercised behind the public face.

Our amendment is simple but important. It would amend Schedule 1, which sets out the detailed appointment arrangements for the OEP. I very much welcome the support for the amendment from the noble Lord, Lord Krebs, the noble and learned Lord, Lord Hope, and other noble Lords. It would require the chair and other non-executive members of the OEP to be appointed by the Secretary of State only with the consent of the Environmental Audit Committee and the Environment, Food and Rural Affairs Committee of the House of Commons. That would prevent in years to come the Secretary of State having complete control over non-executive appointments to the OEP. As Schedule 1 stands, there is a worrying cascade of power from the top. The Secretary of State appoints the chair, and then the Secretary of State and the chair appoint the remainder of the non-executives. So in a future scenario, the Secretary of State would only have to appoint a compliant chair to exert undue influence over all the other appointments to the board.

Environment Bill

Lord Oates Excerpts

2nd reading
Monday 7th June 2021 Lords Chamber

[Lord Oates (LD)]

I declare my interest as chairman of the advisory board of Weber Shandwick UK.

The Bill comes before the House following Professor Dasgupta’s influential review of the economics of biodiversity. The opening paragraph of that review sets out the stark challenge that we face.

“We are totally dependent upon the natural world”,


it reminds us, and goes on to say:

“It supplies us with every oxygen-laden breath we take and every mouthful of food we eat. But we are currently damaging it so profoundly that many of its natural systems are now on the verge of breakdown.”


The report goes on to highlight that

“our demands … far exceed Nature’s capacity to supply”

us with the goods and services that we all rely on; that biodiversity is declining faster than at any time in human history; that our unsustainable engagement with nature is endangering the prosperity of current and future generations; and that at the heart of the problem lies deep-rooted, widespread institutional failure. The report warns us that reversing these trends requires action now. The Bill has to be measured against these challenges and, while I welcome much of it, regrettably, it falls short in a number of respects.

The first of these is on targets. Instead of action now, we have action sometime in the future. While the framework for setting environmental targets is to be welcomed, we need to have binding interim targets alongside the long-term ones so that we can ensure that we get started on the journey, underline the urgency of taking action now and ensure that Ministers can be held accountable for targets in the immediate future. In some cases, such as air and water pollution and water conservation, we simply need far more ambitious measures now.

Secondly, where we needed a powerful, independent office for environmental protection, backed up by the full force of the law, the Bill gives us a hobbled regulator, its independence compromised by the ability of Ministers to interfere in how it carries out its enforcement functions and its effectiveness undermined by the constraints placed on judicial enforcement, as my noble friend Lady Parminter pointed out. As briefings from the Bingham Centre and ClientEarth have highlighted, the Bill curtails the power and discretion of the courts. Extraordinarily, Clause 37(7) states:

“A statement of non-compliance”


by the court

“does not affect the validity of the conduct in respect of which it is given.”

Clause 37(8) compounds this reversal of legal precedent by constraining the power of the court to provide a remedy if that would

“cause substantial hardship to, or substantially prejudice the rights of”

any third party.

In its briefing, ClientEarth gave an indicative example of how absurd this is. If a permit for a new mine was granted with a failure to consider the impact on air quality, such that the operation would cause serious pollution and adverse health impacts for many years, the court could not quash it unless it could show that it would not cause serious hardship to the mine owner or substantially prejudice their right to operate the mine. The court would obviously not be able to do that; as a result, the mine could operate indefinitely, regardless of its impact. Far from addressing the institutional failures that Professor Dasgupta highlighted, the compromises to the independence of the OEP, and the constraints on the courts’ ability to enforce environmental law, bake that failure in from the very start. I am sure that noble Lords will wish to improve the Bill in this area during its passage through this House.

Another area that will need to be addressed is the role of local authorities in protecting biodiversity. While the Bill has much to say about the duties of local authorities—as my noble friend Lady Parminter said, that is welcome—it has next to nothing to say about their powers to carry out these duties. Local authorities are on the front line in protecting biodiversity and they need to be empowered to do so. Consequently, I intend to table amendments in Committee that would allow local authorities to designate land as a site at risk of biodiversity loss, with associated powers to inspect such land and enter into conservation covenant agreements with landowners, as provided for in Part 7 of the Bill.

We welcome the fact that this Bill is finally before this House but we regret that the urgency of action that the Dasgupta Review called for is largely absent, despite the Minister’s declaration just a few minutes ago that we can wait no longer to act. We regret that institutional weaknesses remain abundant and are, in fact, reinforced by the Bill. Improvements to the Bill need to be made across a wide range of issues, including tackling air pollution, protecting local and international biodiversity, acting to end the financing of deforestation, enforcing packaging waste responsibilities, conserving water resources and protecting rivers from pollution.

However, there is good news for the Minister, who I do not doubt would prefer a much more effective Bill, given his personal commitment to this subject. We intend to help him out by working across the House to bring forward constructive amendments to strengthen the Bill and tackle the urgent challenges that noble Lords, including the Minister, have so starkly highlighted.

COP 26

Lord Oates Excerpts

Tuesday 25th May 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, China has made significant commitments on emissions reductions. It has committed to net zero by 2060; we hope it will be able to bring that date forward and be even more ambitious. We are working very closely with China, particularly in relation to its hosting of the Convention on Biological Diversity, which will happen shortly before we host the climate convention here, in Glasgow. We are working closely with China to link those two conventions together because we believe that a good nature COP will have implications for climate and a good climate COP will have implications for nature. So we are having as much engagement as we can with the Chinese, pushing for the maximum possible ambition at both conventions.

[Lord Oates (LD)]

Can the Minister tell the House what plans the Government have to use COP 26 to push for changes in the international financial regulations with regard to the financing of fossil fuel projects?

[Lord Goldsmith of Richmond Park (Con) [V]]

At the G7 just a few days ago, we were able under UK leadership to secure commitments around phasing out fossil fuel subsidies internationally. We also secured commitments from some members of the G7, as well as countries not part of the G7, that we will use our collective leverage to ensure that the multilateral development institutions align their policies and portfolios not only with Paris but with nature. We know that there is not enough public money in the world to deliver the solutions we need for either climate or nature, so we need private finance and we need the multilateral institutions to step up much more than they have so far.

Animal Welfare (Sentencing) Bill

Lord Oates Excerpts

2nd reading
Friday 16th April 2021 Lords Chamber

[Lord Oates (LD)]

My Lords, I welcome this Bill and pay tribute to the noble Lord, Lord Randall of Uxbridge, for introducing it in this place, to Chris Loder MP for piloting it through the Commons and to MPs and Peers across all parties who have campaigned for it over a long period. Increasing the maximum sentence to five years has been a long-standing policy of the Liberal Democrats, so I am delighted to support the Bill.

We are all aware of the appalling cases of cruelty to animals which are from time to time reported in the media, but they are very much the tip of the iceberg. A huge number of acts of cruelty take place every year which never reach the public or the courts. Despite being a nation of animal lovers, there is a small minority who have no compunction in inflicting terrible suffering on animals.

The judiciary has been clear that it lacks the powers it needs to impose appropriate sentences for the most serious of these crimes that come before them. This Bill will deal with that problem, and that is welcome, but we should not be under any illusion that it is some sort of panacea. The contrast between the five-year maximum for fly-tipping and the current six-month maximum for animal cruelty has been drawn. As we know, fly-tipping continues to happen.

In introducing the Bill in the other place, Chris Loder referred to the vast number of cases of cruelty which are reported to the RSPCA and the fact that just 100 were prosecuted. He specifically raised the case of a man who had recently been convicted of burning his cat in a hot oven, before attempting to flush her down the toilet, strangling her and then throwing her against a wall. He received an 18-week suspended sentence, was banned from owning a pet for 10 years and was ordered to pay just £440 in costs.

Both these points highlight the problems that this Bill cannot deal with: the lack of resources for enforcement and the fact that sentencing guidelines need to be reviewed as well. Even today, some in the judiciary are failing to use the powers they already have.

The Bill is a welcome and important step, and I am pleased to support it. I very much hope that it will prove third time lucky and pass through this House rapidly. But there is still much to be done. Without adequate resources for enforcement, a review of sentencing guidelines and effective means to prevent people who have inflicted cruelty on animals from acquiring animals in future, the welfare of animals will continue to suffer.

Mozambique: Militant Violence

Lord Oates Excerpts

Wednesday 17th March 2021 Lords Chamber

Asked by

[Lord Oates]

To ask Her Majesty’s Government what assessment they have made of the increase of militant violence in the Cabo Delgado province of Mozambique.

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con) [V]]

My Lords, the UK is deeply concerned by the deteriorating security situation in north-east Mozambique due to increasing attacks by groups with links to Islamic extremism. To date, the insurgency has claimed more than 2,000 lives and has displaced more than 670,000 people. The UK is supporting the Government of Mozambique to address the drivers of insecurity and has provided £90 million of humanitarian support to help those displaced by the conflict.

[Lord Oates (LD)]

My Lords, given the obvious parallels with the long-standing violence in the Niger Delta associated with oil and gas production, what assessment have the Government made of the possible interrelationship between the discovery and exploitation of gas off Cabo Delgado and the subsequent explosion of extremist violence?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, we have worked closely with the Government of Mozambique to encourage a response to the insurgency that addresses its root causes. This includes ensuring that local populations in Cabo Delgado province can share in any economic benefits of development in the province.