Environment Bill

Lord Wigley Excerpts

Committee stage
Wednesday 23rd June 2021 Lords Chamber

We need to be vigilant on the whole matter of plastic and discards becoming a social norm—a bit like putting on a seatbelt or not smoking in a public place—and it needs to be backed by law, so I am very strongly in support of the amendments in this group.

[Lord Wigley (PC) [V]]

My Lords, I am delighted to follow the noble Earl, Lord Lytton, and I identify very much with his last comments on the litter all over our countryside, particularly after lockdown, and the way in which communities came together to use their spare time to at least ameliorate a certain amount of this problem.

I worry that some of our plastic litter is being exported. We think it may be reused but, in fact, it is just going into dumps overseas. We must avoid that in every way we can.

I speak in support of Amendment 13, in the name of the noble Baroness, Lady Bakewell, on this vexed issue. I support her in everything she said, and I also support Amendments 28 and 30. I take the point that we should be more ambitious, but we need to start somewhere. We need to get this issue on the face of the Bill; if it is in at this stage, it triggers certain actions that could follow at later stages.

Of all the issues coming before us today in this massively important Bill, I suspect that there is greater public support for drastically cutting back the use of plastic in all its guises than for most of the other, very worthy aims in the Bill. Of course, one aim should not compete with another in terms of priority.

We accept the use of plastic in many unnecessary ways. We do so without considering how that material is to be disposed of in a manner that is harmless to wildlife on land and in the oceans. We have been totally profligate in our mindless use of plastic, and we now see animals, fish and birds suffering from plastic entering their digestive systems. Surely we must systematically reduce the use of plastic and move in a coherent manner to lessen its impact. To the extent that plastics of certain types are compostable, well, all the better—but that is ameliorating the problem rather than necessarily solving it. We must have a radical root-and-branch approach.

This amendment makes a modest proposal for dealing with this issue by making the reduction in the use of unnecessary plastic a priority area in the establishment of environmental targets in the Bill. This provision could trigger another proposed clause which requires a measurable standard to be achieved and a target date for reaching such an objective. Is that not exactly what we need for a coherent plastic reduction programme? Even if it is not on the face of the Bill, should that not be our aim? If that is the case, what possible argument can there be against putting it on the face of the Bill? I urge the Minister not just to pay lip service to the need for a reduction in the use of plastic but to do something about it. I await his response with interest.

--- Later in debate ---

I hope the Minister can accept the concept behind these four amendments, or at least explain how the Bill will ensure that we properly evaluate not only the benefits but the environmental, social and economic costs of our targets, wherever in the world those costs arise, and ensure that they are not disproportionate.

[Lord Wigley (PC) [V]]

My Lords, I am delighted to follow that last contribution, because important points arise in the context of having to balance one risk against another. There will be trade-offs, and we have to establish the priorities. Clearly, some of the global priorities must take precedence, but that may not be the view in every country. Therefore, it is an immensely difficult challenge to legislate in a meaningful way to meet these issues.

I will address Amendments 41A and 41B, standing in my name, shortly, but first I wish to speak to Amendment 17. I support the comments of the noble Lord, Lord Lucas, in moving this amendment. As someone who, prior to entering Parliament, was a financial controller in the manufacturing industry, I know full well how easy it is to establish targets and then, with 1,001 plausible excuses, find ways of explaining away any failure to meet them. The noble Lord, Lord Lucas, given his background in accountancy, may well share my view.

A target is of no earthly use to man or beast, or to the environment or government, unless there is a means of assessing whether it has been met and, if not, a systematic and detailed analysis of the reasons why and a pinpointing of personal responsibility for allowing that failure to occur. If there is reason to believe that there may be different levels of performance from region to region, and if responsibility is likewise distributed on a regional basis, then a regional review of performance against target is absolutely appropriate. Hopefully, such a systematic approach will lead to identifying the factors that led to failure; determination of the necessary remedies, as rightly stated in the explanatory statement to Amendment 17; a reallocation of resources if necessary; and a better performance in future, with a higher likelihood of hitting targets.

This is all fundamental to any system of management by objectives and is basic in the world of industry. But I sometimes wonder whether the necessary culture and discipline exist in governmental sectors to apply such an approach systematically and rigorously to their responsibilities. It is to the Government’s credit that they are willing to apply a target-driven approach to these issues in the Bill, but that approach will not deliver unless there is a commitment to follow through with remedial action. Amendment 17 tests the seriousness of the Government’s intention to see their targets lead to real change, and I therefore support it.

Amendment 41A seeks to clarify the applicability or otherwise of regulations made under Clauses 1 and 2 to Wales, Scotland and Northern Ireland. The amendment states quite simply that any of these regulations shall not apply to the three devolved nations without the prior consent of their respective Parliaments. Environmental matters are overwhelmingly devolved, and if aspects of Westminster policy apply in any of the devolved territories, it is both sensible and courteous to solicit the agreement of the devolved Governments. If the Government wish to legislate in any of the three territories under the umbrella of this Bill, will the Minister give examples of such topics? Surely, he accepts that it would be both sensible and courteous to secure prior agreement, rather than foisting policies on them without agreement.

I realise that Clause 138, the “Extent” Clause, states that Chapter 1 applies to England and Wales but not Scotland and Northern Ireland—that this goes beyond the normal issue of England and Wales jurisdiction. Indeed, Clause 1(9) implies that regulations may be introduced through this clause that will apply to Wales. Can the Minister explain why there is this difference in approach to the Bill’s applicability to the three devolved nations? Can he give an example of where he foresees legislating for Wales under the provisions of Chapter 1? If so, what steps does he foresee being taken to avoid acrimonious disputes arising in relation to the devolved powers?

Amendment 41B relates specifically to the vexed question of the control of water resources in Wales. I will not rehearse the difficult history relating to water abstraction and the drowning of valleys, of which the Minister and the Committee will be well aware. For the avoidance of doubt, will the Minister please accept this amendment or bring forward his own to the same end, so there will be no doubt that control over water resources and attendant water policies in Wales lies firmly and unambiguously with Senedd Cymru? I shall be grateful for his response.

[The Earl of Caithness (Con)]

My Lords, I support the comments of my noble friend Lord Lucas in moving the amendment. I also listened with great care to the noble Lord, Lord Vaux of Harrowden. I hope the Minister will read his speech with care, because what he said was hugely important to the proper functioning of our aims.

I turn Amendment 48, in my name, which would amend Clause 6, entitled “Environmental targets: review. I wish to amend subsection (3), which relates to the “significant improvement test.” The clause says the test ticks the boxes if it

“would significantly improve the natural environment in England.”

I do not think “improvement” is good enough. It is not sufficient, as it provides no condition or basis by which to judge the improvement. I take it for granted that my noble friend does not want to encourage a “trash and improve” system, but that is what is going to happen unless this amendment is accepted. An approach like that would be detrimental to biodiversity and the natural environment. Therefore, I have proposed what I think is a much more sensible and appropriate wording. Instead of “improve the natural environment,” I want to insert

“improve the maintenance, restoration or enhancement of the natural environment.”

There are many places where the natural environment is in very good condition at the moment. No significant improvement test will be met when it is in good condition now. But if it is maintained in an excellent and pristine condition, it should meet the significant improvement test.

I hope my noble friend will give more consideration to this amendment than he gave to my comments on the last amendment.

--- Later in debate ---

[The Earl of Lytton (CB) [V]]

My Lords, it is a pleasure to speak after the noble Lord, Lord Randall of Uxbridge. I think the last time I spoke after him was to congratulate him on his maiden speech. He brings, of course, great focus and authority to this debate. I welcome this group of amendments generally and congratulate the noble Baroness, Lady Hayman, and the other noble Lords who have tabled the amendments on bringing forward the issue of targets and particularly the PM2.5 measure.

Like the noble Lord, Lord Whitty, I accept the importance of these targets while pointing to other types of air pollutant of possibly equal toxicity and potential for harm. I am informed about this because over the years I have had many emails in my parliamentary mailbox with personal accounts from those whose health is significantly and adversely affected by air pollution, particularly by being near to major road systems.

Fundamentally, all these targets have to drive a culture change. I think of my three London-resident children who during the pandemic reported how air quality in the metropolis had improved and, sadly, how it has once again deteriorated as things return to what we might call normal. While I commend municipalities bringing in ultra-low emission zones for urban centres, I think that permitting owners of polluting vehicles to pay for the privilege gives the wrong message.

The noble Lord, Lord Whitty, referred to a range of non-vehicular polluting activities, including those from construction with which I am familiar. Not so many months ago I witnessed a group of contractors engaged with public pavement repairs using a petrol disc cutter to trim concrete slabs. This was taking place in a busy London shopping street. I will not bore noble Lords with a detailed description of the noise, uncontained dust and odours that were released into the air, but it could just have easily have been welding, sanding, atomising sprays, evaporating solvents or material handling that was releasing pollution into urban air. I also observe that far too many food premises emit odours and fumes at unacceptable levels. One I know well in a major Surrey town blasts motorists as they wait at traffic lights with the outpourings of its extractor system. I suppose one might say that that was a form of poetic justice.

Only recently I learned that the metropolitan Clean Air Act, to which the noble Lord, Lord Randall, referred, permits the burning of firewood in homes. I thought that had been banned a long time ago. The Prime Minister’s comments about insisting on seasoned firewood are very welcome, but the wood also needs to be dry, kept dry and not be full of resins, as are some softwoods. As somebody who uses a wood burning appliance—but not in an urban area, noble Lords will be glad to hear—I question how good the understanding is of these factors concerning supplies of firewood and the knowledge of consumers. Urban atmosphere is, after all, a vital common good for health and well-being, tourism, productivity and, in turn, commerce.

The noble Lord, Lord Young of Norwood Green, is right that we cannot simply all take a hairshirt approach and that the laws of unintended consequences beset us as we try to move from one mode of transport, perhaps, to the other. He rightly referred to the role of innovation. However, to repeat my earlier comment, most of all we need collective cultural change, better information and regulation that drives such responses as we wish to see come out of this Bill.

[Lord Wigley (PC) [V]]

My Lords, I thank the noble Baroness, Lady Jones, for tabling Amendment 20 which triggers other important amendments in this group. I thank the noble Baroness, Lady Hayman, for introducing this group of amendments in such a knowledgeable way and, indeed, the noble Baroness, Lady Randerson, for her very pertinent contribution on transport-related pollution.

I spoke about the problems of air quality at Second Reading. The noble Lord, Lord Randall, spoke about the London smog in the 1950s. I was a student at Manchester University in early 1960s and I recall bus conductors having to walk in front of their buses because the smog was too thick for the driver to see the front of the vehicle. This problem, which has come very much more to my attention during the Covid lockdown, has come for the converse reason. I have found myself constrained to the finest possible surroundings in Gwynedd, two miles from Caernarfon Bay and the Menai Strait and some six miles from Snowdon. I did not visit London for fifteen months until yesterday. That is the longest period since I was a toddler for me to be confined to the delights of rural Wales.

Of course, it has been enjoyable despite the tragic backdrop. One of the unexpected benefits has been the very noticeable, even tangible, improvements in my health, in particular my lung and chest functioning. I have even been able to get back on my bike. It is only now that I have come to realise how detrimental to my health is the poor air quality in Cardiff and London. I have increasing sympathy for industrial workers—coal miners, slate quarrymen, cotton workers and many others —whose exposure to industrial diseases is exacerbated by poor-quality air that they struggle to breathe.

Since speaking at Second Reading, I have received a volume of information, drawing detailed attention to the research work that has been undertaken on the impact of polluted air on human health. I am grateful to everyone who has contacted me. I have not yet been able to read all that material; I hope to do so between now and Report and, indeed, to study more generally the information available on these matters. In this time of Covid, we are surely obliged to ensure that this Bill addresses this issue. For now, I thank colleagues who have drafted these amendments, which I support wholeheartedly. I am sure the Minister will want to see some strengthening of the Bill on this matter which must be affecting millions of our fellow citizens and even our children, as the tragic case of Ella has taught us. I look forward to the Minister’s response.

[Lord Cameron of Dillington (CB) [V]]

My Lords, I am just popping up, as one does in Committee, to add my support to Amendment 20 and to most of the other amendments in this group. I do not have much to add to what the proposers and subsequent speakers with their great expertise have said. I support the ambitions behind this group. I am not quite sure whether—or for that matter why—the Government might set their sights on a target more damaging to health than the WHO recommendation, but I believe that we should insist on having challenging targets.

I have read that between 2010 and 2017 there were reckoned to have been more than 30,000 premature deaths per annum in the UK due to air pollution, many of them stemming from excess PM2.5 particulates. In the EU, the figure was reckoned to be 390,000 premature deaths per annum. It occurred to me that if these deaths were being caused by a respiratory viral infection from Wuhan, I suspect that we might have to be in permanent lockdown. However, this pollution has built up gradually and somehow we have become complacent about it.

There are many different sources of PM2.5 particulates and if we tackle them all in a measured way with the right research and a variety of regulations and encouragement, it should be possible to make a big difference. After all, we have managed to achieve a big reduction in nitrous oxide and sulphur dioxide—NOx and SOx as they are called—in recent decades without impinging too much on anyone’s quality of life while actually enhancing everyone’s quality of life. I am confident that we can build on that success with the right research, encouragement and regulation and, as the noble Earl, Lord Lytton, said, public information.

I realise that a target of 10 micrograms per cubic metre is going to be hard to achieve by 2030 and even measuring it is, I believe—and as the noble Lord, Lord Whitty, confirmed in his excellent speech—not a simple matter. For the safety and health of our children alone I believe we must be ambitious on this issue, so I strongly support these amendments.