Environment Bill

Lord Wigley Excerpts

2nd reading
Monday 7th June 2021 Lords Chamber

[Lord Wigley (PC) [V]]

My Lords, I am delighted to follow the noble Lord, Lord Anderson, who raised important issues. I draw attention to my registered interests.

At Second Reading in another place, Labour’s shadow Minister described this Bill as “okay”, as did the noble Baroness, Lady Young, today—faint praise but rightly so since, although the Bill has worthy aims, it falls short on many counts, as the noble Baroness, Lady Jones, mentioned. Some of these may yet be addressed but, as it stands, the Bill reflects many missed opportunities.

Back in the 1960s, before we joined the European Union, Britain was regarded as the dirty man of Europe. Our polluted rivers, smog-filled air, filthy beaches and the appalling condition of many fast-food outlets reflected atrocious environmental standards. It was only following the application of European regulations on these matters that things improved significantly. Today, 80% of our environmental law comes from Europe. Now that we have left the EU, I shudder to think that we could face regression in such matters. The Bill is needed to replace the framework provided by the European Union with a UK framework. That obviously makes every good sense but, as always, the devil is in the detail.

The Bill fails to engage with the need to reduce Britain’s global footprint systematically, as a cornerstone of the UK’s environmental strategy. My fear is that the proposed OEP will not be truly independent and that the regulator will not be at arm’s length from government, as highlighted by the noble Lords, Lord Cameron and Lord Whitty, and the noble Baroness, Lady Boycott. There are no meaningful targets in the Bill, no strategy to counter cataclysmic threats of climate change and no guarantee against regression.

As has just been mentioned, the Bingham Centre has drawn attention to a fundamental deficiency in the new principle being introduced in the Bill for a breach of its provisions; namely, the statement of non-compliance. That does nothing to reverse the validity of the unlawful conduct and we must certainly address this issue.

Important challenges are underplayed in the Bill, such as the marine environment and the urgent need to mitigate inland flood dangers. I look forward to the promised government amendment. The Bill as it stands fails to deal adequately with airborne pollution, which is currently running at 10 times the EU safety level, with particulates killing more than 36,000 people in Britain each year. There is no real attempt to tackle plastic waste in all its forms. The Local Government Association makes the important point that while it fully supports its role in maximising the recycling of waste, the cost should rightly revert to the creators of that waste, but the Bill fails on that account too. There is a massive disparity within these islands on the recycling of waste. The figures speak for themselves: the recycling rate for local authority municipal waste in Wales now stands at over 64%—the third highest in Europe. In England, the figure remains stubbornly low. However, we in Wales also have our problems, such as the release of effluent into rivers, as the noble Earl, Lord Shrewsbury, mentioned a moment ago.

The subject matters covered by the Bill are largely devolved to Wales and Scotland, as is responsibility for associated portfolios which impact on environmental issues, such as agriculture, roads, planning, water resources and healthcare. In these circumstances, I can assume only that the workings of the Act in Wales and Scotland will be by the consent and sometimes through the agency of the Governments of Wales and Scotland and that in devolved matters covered by the Bill, the devolved legislatures will be able to amend legislation as they see fit. In Committee in the Commons, Deidre Brock MP proposed an amendment requiring that when the OEP acts in Scotland it can do so only with the consent of Scottish Ministers. The Minister, Rebecca Pow MP, responded that the OEP had been given a duty to consult devolved Governments on matters regarded as being of general UK applicability, including water. If the OEP is going to meddle with matters relating to water in Wales, it must do so only with the express consent of the Welsh Parliament. I noted the Minister’s commitment this afternoon to introduce amendments requested by Senedd Cymru and I hope they cover this most sensitive of matters.

There is one final point which I ask noble Lords to consider. The impact of global warming would devastate our grandchildren’s generation and destroy the world which we have been so profligate in failing to safeguard for future generations. How do we encourage young people to be unremittingly determined to address this issue without themselves becoming overwhelmed by the enormity of its consequences? I well remember that when I was a youngster one of the issues that worried us was nuclear conflagration. It terrified us to the point of neurosis. I am aware that many youngsters today are petrified that life on our planet could be snuffed out within two generations. In giving this subject overriding priority, we must harness their energy in a way that does not harm them. We must not sweep the issue under the carpet but empower members of the younger generation and give them agency in these matters so that they feel that their voices make a positive difference. The Bill gives an opportunity to do just that, if it is significantly strengthened, and this approach should surely be central to our thinking.