UK-French Trading Dispute

Michael Fabricant Excerpts

Thursday 28th October 2021 Commons Chamber

[George Eustice]

What the hon. Lady says is an absolute nonsense. I work closely with Lord Frost, who is a very able negotiator and stands up for the interests of our country in these discussions. I can assure her that he has very good relations with the negotiators that he deals with from the European Union.

[Michael Fabricant (Lichfield) (Con)]

May I commend to the House an excellent history book called “1000 Years of Annoying the French”? This is nothing new; this has been going on for hundreds of years, if not 1,000 years. My right hon. Friend has mentioned the role of the European Union, which always claims that it is an organisation based on rules. What conversations has he had with the Commission or Commissioners regarding this dispute?

[George Eustice]

I spoke to Commissioner Virginijus Sinkevičius yesterday to discuss this issue and the general licensing issue. I asked him whether what was being suggested was consistent with EU law under the official control regime and the trade and co-operation agreement. I expressed our view that we felt it was not consistent with either. At that point, obviously, he had not had the chance to discuss the matter with the French, but he undertook to do so.

Environment Bill

Michael Fabricant Excerpts

Wednesday 20th October 2021 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

I join colleagues in sending our love, prayers and thoughts to the families of David Amess and James Brokenshire on their terrible loss.

I want briefly to talk about the office for environmental protection and say why I hope the House will support Lords amendment 31. The OEP is the answer to the question. It is at the heart of the Bill. Having left the European Union, everyone asked themselves, “Who is going to oversee the enforcement of environmental law?” and the Government have come up with the OEP, which we all support. On many occasions, in answer to the question, “Who will ensure that these targets are met?”—for example, that on halting species’ decline—the reply from Ministers has been, “The office for environmental protection”.

Ministers have repeatedly said, as the Minister has again today, that they support the independence of the OEP, including in enforcement, yet they want the power to issue guidance to it about the way in which it enforces its responsibilities. I simply say that the great still unanswered question in this particular debate about the Bill is; why do the Government want this power?

When Lord Goldsmith was debating this in the other place, he said that

“a guidance power is necessary to help ensure that the OEP continues to carry out its functions as intended.”—[Official Report, House of Lords, 8 September 2021; Vol. 814, c. 880.]

That sentence is laden with meaning. We could say that it contains a touch of gentle warning. We could argue that it suggests that the Government are not wholly confident that the OEP will go about its work in the way that Ministers intended, because they want to be able to issue guidance about the way in which it does its job. I simply say that, having looked at the debates in the Lords and heard what the Minister had to say today, I still have not heard an answer as to why this guidance power is required. In practice, could the OEP ignore such guidance? We do not actually know what the guidance would contain, and I am not aware that Ministers have given a single example of what they would try to say in such guidance.

Other public bodies have very important functions. For example, as far as I am aware, the Equality and Human Rights Commission is not subject to similar guidance from Ministers about the way in which it carries out its work. Ministers have said that it is not about direction, but it is about accountability. Could someone explain to me exactly what the difference is between the two things? I am not sure that I see a difference and nor did the Lords in the other place. That is why I think we should stick with what is contained in Lords amendment 31.

[Michael Fabricant (Lichfield) (Con)]

On a point of order, Madam Deputy Speaker. I am sorry to interrupt this debate, but colleagues may or may not be aware that, this week of all weeks, there is now a demonstration in Parliament Square involving Piers Corbyn. The people there have erected a gallows—gallows to be used against Members of Parliament. I would suggest that at the very least it is not only crass and unthinking, but that it must also be a breach of public order. I simply rise to ask whether there is anything that can be done about it.

[Hilary Benn]

Further to that point of order, Madam Deputy Speaker. I am very glad that the hon. Member for Lichfield (Michael Fabricant) has raised this matter, because I saw that set of gallows as I was coming into the House today and I spoke to the police outside the gates. I said, “I don’t know who the protestors are; I couldn’t see. If they are protesting against capital punishment in other countries, good luck to them, but if they have put that gallows and that noose there, directed at us, especially given the events of the last week, it is not only crass—that is a very gentle description of what they have done—but scandalous.” The police officer to whom I spoke said, “Well, we could go over and have a word with them.” It is not acceptable, because it is a threat. We should be able to carry out our job without being threatened by people out in Parliament Square. I hope that the House authorities might be able to follow up the point, and I am grateful to the hon. Gentleman for raising it.

Oral Answers to Questions

Michael Fabricant Excerpts

Thursday 17th June 2021 Commons Chamber

[Andrew Selous]

I could not agree with my hon. Friend more, and I can give him a complete assurance that the Church of England fully recognises the importance that so many people attach to worshipping communally together in church. At the same time, we are very keen not to lose those who join us online, and we hope we will be able to get to know many of our new online attendees as soon as possible in due course.

[Michael Fabricant (Lichfield) (Con)]

What discussions the commissioners have had with the Secretary of State for Health and Social Care on reintroducing choral singing in churches and cathedrals during the covid-19 outbreak.

[Andrew Selous]

The Church is having ongoing discussions with the Government about when choral and communal singing in churches and cathedrals can return, and I am very aware how frustrating the current situation is for choirs across the country.

[Mr Speaker]

Let us go to the shadow of Lichfield cathedral, with Michael Fabricant.

[Michael Fabricant [V]]

Some people relax with yoga, others with tai chi—perhaps you do, Mr Speaker—but in the good old days when I used to have a week in Westminster and then get back to Lichfield, I unwound by going to evensong in Lichfield cathedral, which is very relaxing indeed. Whatever reason people go to evensong—perhaps even religious reasons, for worship—there is a need for it to be restored. What assurance can my hon. Friend give that, come 19 July, things will truly get back to normal in Lichfield and elsewhere?

[Andrew Selous]

I was praising my hon. Friend in front of all the cathedral deans on Tuesday for his diligence on behalf of Lichfield cathedral. He is absolutely right about the beauty of our choral tradition and how much it is cherished. We all want to see a return as quickly as possible.

Oral Answers to Questions

Michael Fabricant Excerpts

Thursday 26th November 2020 Commons Chamber

[Andrew Selous]

My hon. Friend will know that there is a debate later today on this very subject, and he is absolutely right about the importance of inter-faith dialogue, which is why three years ago the Anglican primates launched an inter-faith commission to build mutual understanding and trust between different faiths. The Archbishop of Canterbury, who has a particular heart for reconciliation, said it

“will bring together the wisest people across the Communion to work on this area in the places of highest tension with the aim of replacing diversity in conflict with diversity in collaboration.”

[Michael Fabricant (Lichfield) (Con)]

What discussions the commissioners have had with the chairman of the Association of English Cathedrals on services during Christmastide; and if he will make a statement.

[Andrew Selous]

The Church Commissioners have regular discussions with the Association of English Cathedrals, and cathedrals have made huge efforts to reach out to people in their areas. Lichfield cathedral, which I know is close to my hon. Friend’s heart—I think that he lives within its shadow—will be having an illuminations show and will hold as many services as possible, including some outside if necessary.

[Mr Speaker]

Let us go to the shadows of Litchfield cathedral, with Michael Fabricant.

[Michael Fabricant [V]]

Thank you, Mr Speaker; I am indeed very close to Lichfield cathedral, and the dean of Lichfield cathedral is the chairman of the Association of English Cathedrals. We are all delighted that we are going to have services this year and he has sent me a question, and I am going to read it, because he only lives a few doors down, and I have given my hon. Friend prior notice of the question. The dean asks, “What additional support can be given to cathedrals in the first quarter of 2021 to ensure they remain open and responsive to public need?”

[Andrew Selous]

I thank my hon. Friend for his question, and I will be leaving these questions to go into a governors meeting of the Church Commissioners, so I will pass that on very directly. I can tell him that Lichfield cathedral has received £140,000 from the national lottery heritage emergency fund, but I know it needs extra funding for urgent building projects, including a buttress that is causing structural concern. I can also tell him that conversations with the Department for Digital, Culture, Media and Sport and the Treasury about the Government’s own Taylor review of church and cathedral building sustainability are ongoing.

Oral Answers to Questions

Michael Fabricant Excerpts

Thursday 25th June 2020 Commons Chamber

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

What the timeframe is for the resumption of church services as the covid-19 lockdown restrictions are eased.

[Michael Fabricant (Lichfield) (Con)]

When the Church Commissioners plan to reopen cathedrals and churches for worship; and if he will make a statement.

--- Later in debate ---

[Mr Speaker]

We are now heading to the shadows of the spires of Lichfield cathedral with one Michael Fabricant.

[Michael Fabricant [V]]

Thank you, Mr Speaker: from where I am sitting now Lichfield cathedral is just about 100 yards behind me.

Lichfield has a great choral tradition; we have a choral school and the services are very good. It is open for two hours a day at the moment for private prayer, but when does my hon. Friend anticipate that we will be able to go to evensong and enjoy the wonderful choir that sings there?

[Andrew Selous]

My hon. Friend is absolutely right. Cathedrals such as Lichfield are at the centre of the amazing choral tradition that we have in this country. Sadly, I have to tell him that singing and chanting are not allowed even at a distance, due to the additional risk of infection, and woodwind and brass instruments should not be used, but that still leaves many other instruments. His constituents can return for public worship from 4 July and I know that Lichfield Cathedral will be making them very welcome when they return.

Oral Answers to Questions

Michael Fabricant Excerpts

Tuesday 19th May 2020 Commons Chamber

The right hon. Member for East Hampshire, representing the Parliamentary Works Sponsor Body, was asked—

[Michael Fabricant (Lichfield) (Con)]

What assessment the sponsor body has made of the potential merits of reducing the cost of the parliamentary works programme as a result of the covid-19 outbreak; and if he will make a statement.

[Damian Hinds (East Hampshire) [V]]

I am sure that covid-19 is going to cause all of us to think afresh about many things. For the restoration and renewal project, value for money is clearly vital—indeed, it is a statutory obligation. With the Sponsor Body and the Delivery Authority now substantive, we will conduct a strategic review that will consider the trade-offs and compromises that could be available. But of course, any such decisions would be for Parliament to make.

[Michael Fabricant [V]]

May I associate myself with the comments made earlier about 650 super-spreaders returning to Parliament?

We are currently spending in the order of several million pounds to repair the roofs and the brickwork, and to stop fire damage to that marvellous building, the Palace of Westminster. That is all correct. However, as my right hon. Friend said, there is perhaps some doubt as to whether R&R will go ahead, so I may I ask him to ensure that huge amounts of money are not now spent on a project that would cost between £4 billion and £8 billion to complete, if it is ever done at all?

[Damian Hinds]

I think it is rather more than several million pounds that has had to be spent by Parliament just to keep its own operation going. However, I want to reassure my hon. Friend that the business case would have come before Parliament for decision anyway. It was always envisaged that once the Sponsor Body was set up in law, there would be a review of certain aspects of the programme. But in these current circumstances, and with what we know now, it is right that that review will now be broader and deeper.

Environment Bill

Michael Fabricant Excerpts

Money resolution & Money resolution: House of Commons & Programme motion & Ways and Means resolution & Ways and Means resolution: House of Commons
Wednesday 26th February 2020 Commons Chamber

[Rebecca Pow]

I am not going to give way.

That independence is vital for the OEP to be able to hold the Government to account effectively. It will have multi-annual financial settlements, which were welcomed by my hon. Friend the Member for Tiverton and Honiton, and they will run over five years to provide financial stability. That is welcome; even if the Government changes, that will stay in place. Crucially, the OEP’s environmental remit will include climate change to ensure that we play our part in reducing global emissions. In that respect, I truly believe that we will be a world leader.

I will move on now to air quality, because, again, this was much mentioned. Clause 2 includes a requirement to set a new air quality target to reduce concentrations of fine particulate matter—the most damaging pollutant to human health. As a mother of a son who had asthma for many years while he was growing up, this issue is close to my heart. I have heard loud and clear all the comments that have been made today. [Interruption.] I am being disrupted by notes. I thought that the note said that someone was in the bar. [Interruption.] I am being told that Bim is here, but I am not allowed to mention him. [Interruption.] Okay, so he is not in the bar; he is behind the Bar.

Let me turn now to the very serious matter of air quality, which was mentioned by so many Members, including my hon. Friend the Member for Waveney (Peter Aldous), who is very strong on the subject, and also my hon. Friends the Members for Runnymede and Weybridge (Dr Spencer) and for Vale of Clwyd (Dr Davies). This Government are committed to setting an ambitious target, which has the support of all sectors and citizens to drive real change and realise significant health benefits for people everywhere. To do this, we need to ensure that we follow a robust evidence-based process where everyone’s voice is heard and where everyone can play a role. That is why we need time to work together to get this target right, which is why it is not in the Bill. Many Members have called for experts to advise on these targets, and they will. That is exactly how it will work and how the target will be set up.

I will move to nature now, Mr Speaker, which I know is something that greatly interests you. Following consultation, we believe that the 10% net gain strikes the right balance between ambition, certainty and deliverability. If developers and local authorities are able to pursue higher gains—I am confident that many will—Government do not intend to restrict them. Biodiversity net gain will work with the local nature recovery strategies in the Bill to drive environmental improvements, and those strategies will be very much influenced from the ground up by all of those people with knowledge that we so want to get involved. My right hon. Friend the Member for North Shropshire (Mr Paterson) mentioned knowledge and involving people who have that knowledge and expertise working on the ground, and that is one way that we will do it.

I want to touch on trees, because that was mentioned by the hon. Member for Barnsley Central (Dan Jarvis), my right hon. Friend the Member for Basingstoke (Mrs Miller) and the shadow Minister himself. The Government remain absolutely committed to reaching 12% woodland cover in England by 2060 and have reaffirmed that in the 25-year environment plan. The House should remember that the environmental improvement plan of this Bill is the first plan of the 25 year-environment plan. That is what it is; it enacts it. The manifesto committed to planting 11 million rural trees and an additional 1 million urban trees by 2022. We will shortly consult on that.

[Michael Fabricant (Lichfield) (Con)]

Will my hon. Friend give way on that point?

[Rebecca Pow]

I am really not going to give way, because I have not given way to anybody else. I know that my hon. Friend is a huge tree fan.

We will shortly consult on a new English tree strategy, in which we will set out further plans to accelerate woodland creation to reach our long-term goals, including our net-zero emissions by 2050, and to complement our Environment Bill. I was pleased that Members welcomed the urban measures in the Bill, too.

Members will not be surprised that I simply cannot get through all the comments that have been made. Climate change, by the way, has definitely been included in the Bill. I just want to say that there have been so many tremendous and insightful contributions tonight from right across the House. I am really sorry that I have not been able to answer all of the queries and questions raised today, but we do have answers to all of them. My door is constantly open to anyone who wants to raise these things again or share their views with me and with the rest of our team. Obviously, the Secretary of State is the key here. I really think that, together, we can make this a better world not just for us and for our children, but for our children’s children and all the creatures on this earth. I commend this Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Environment Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Environment Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 5 May 2020.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Maria Caulfield.)

Question agreed to.

Environment Bill (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Environment Bill, it is expedient to authorise the payment out of money provided by Parliament of:

(1) any expenditure incurred under or by virtue of the Act by the Secretary of State; and

(2) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Maria Caulfield.)

Question agreed to.

Environment Bill (Ways and Means)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Environment Bill, it is expedient to authorise:

(1) the imposition of requirements to pay sums in respect of the costs of disposing of products and materials; and

(2) the imposition under or by virtue of the Act of fees and charges in connection with—

(a) the exercise of functions, and

(b) biodiversity credits.—(Maria Caulfield.)

Question agreed to.

Deferred Divisions

Ordered,

That, at this day’s sitting, Standing Order No. 41A (Deferred divisions) shall not apply to the Motion in the name of Secretary Priti Patel relating to the Prevention and Suppression of Terrorism.—(Maria Caulfield.)

Question agreed to.

Oral Answers to Questions

Michael Fabricant Excerpts

Thursday 31st October 2019 Commons Chamber

[Sir Oliver Heald (North East Hertfordshire) (Con)]

May I join the tributes to you, Mr Speaker? I thank you for your comradeship in opposition, when you were a spokesman with me in various Departments, and for your encouragement in respect of the Animal Welfare (Service Animals) Act 2019—[Hon. Members: “Hear, hear.”] Thank you.

[Michael Fabricant (Lichfield) (Con)]

Say, “Question 7.”

[Sir Oliver Heald (North East Hertfordshire) (Con)]

7. What discussions she has had with Cabinet colleagues on the timeframe for the passage of the Animal Welfare (Sentencing) Bill.

--- Later in debate ---

[Michael Fabricant (Lichfield) (Con)]

The Woodland Trust, of which I am a keen member, believes that we can increase the amount of tree coverage by natural regeneration. That seems to be the best way of doing it, so how can we incentivise that within the new environmental land management scheme?

[Zac Goldsmith]

I thank my hon. Friend for his question, and he is absolutely right. Much of what we need to do to tackle climate change and restore nature involves rewilding or natural regeneration. A growing number of projects around the country are already delivering vast benefits. For example, at Knepp Castle in West Sussex, agri-environment funding has helped to create extensive grassland and scrub habitats, with huge benefits for declining bird species such as the turtle dove and the nightingale. As he says, the new environmental land management scheme will be transformative, because it will make subsidies conditional on the delivery of public goods such as biodiversity, woodland and flood management. It really could be the big thing that improves biodiversity in this country, which of course means increasing tree cover and encouraging natural regeneration.

--- Later in debate ---

The right hon. Member for Meriden, representing the Church Commissioners, was asked—

[Michael Fabricant (Lichfield) (Con)]

7. What assessment has been made of the effect of the workload of the Archbishops of (a) Canterbury and (b) York on their ability to carry out their functions effectively; and if she will make a statement.

[The Second Church Estates Commissioner (Dame Caroline Spelman)]

The Archbishops of York and Canterbury have many duties in relation to the northern and southern provinces of the Church of England, and the Archbishop of Canterbury is also the spiritual leader of the Anglican communion, a global network numbering tens of millions of members. There is no doubt in my mind that both these men are able and effective.

[Michael Fabricant]

But both these men are overworked. My right hon. Friend—indeed the whole House—will be aware that 1,200 years ago, Archbishop Hygeberht was the Archbishop of Lichfield. It seems to me that you, Mr Speaker, could have a future role in your retirement as the Archbishop of Lichfield—

[Dr Julian Lewis (New Forest East) (Con)]

Canterbury!

[Michael Fabricant]

No, Lichfield. We want him in Lichfield and then the hard work done by the Archbishops of Canterbury and York could be shared. We have that precedent; we want you now.

[Dame Caroline Spelman]

Fortunately, I had a little advance notice of the tenor of my hon. Friend’s question. He is absolutely right that, for around 16 years between 787 and 803, there was an Archbishop of Lichfield. This arose from the fact that King Offa, in the kingdom of Mercia, struck a deal with the Pope, requesting an archbishop to be named to serve in his kingdom, but that deal involved sending an annual shipment of gold to the Pope for alms and supplying the lights for St Peter’s church in Rome. My hon. Friend, as the Member for Lichfield, might like to make a similar offer to the Archbishop of Canterbury.

Draft Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Michael Fabricant Excerpts

Tuesday 22nd October 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

I beg to move,

That the Committee has considered the draft Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.

I am delighted to be serving under your auspices today, Mr Robertson. This statutory instrument, laid before the House on 15 July, is one of a number of statutory instruments with the purpose of ensuring the continued operability of our environmental law as the UK leaves the European Union. Like other such instruments, it does not make policy changes, and has no effect beyond making sure that current environmental protections continue to be effective.

The regulations extend and apply solely to Northern Ireland. They concern devolved areas of policy that would normally be dealt with by a devolved Administration at Stormont. In the absence of the Northern Ireland Assembly, it is necessary that we consider this instrument in this House. That is unfortunate, but if Parliament did not deal with these regulations it would not be possible to make them, which would leave inoperable and inconsistent provisions in Northern Ireland’s environmental legislation. While there is no Northern Ireland Executive at the moment, the Northern Ireland civil service continues to operate, and officials from the Department of Agriculture, Environment and Rural Affairs in Northern Ireland are here today to help answer any questions that members of the Committee may have. They are very welcome.

The regulations are made under section 8 of, and schedule 7(21) to, the European Union (Withdrawal) Act 2018. That Act retains EU-derived legislation in UK law. Section 8 of the Act enables regulations such as these to be made to address deficiencies in EU-derived legislation that arise from the UK leaving the European Union.

[Michael Fabricant (Lichfield) (Con)]

Will my hon. Friend confirm that this instrument will not mean any diminution in standards? Will she also say whether it prevents us from improving standards over and above those currently in place for the European Union as a whole?

[Rebecca Pow]

My hon. Friend is as astute as ever, and I thank him for his intervention. The instrument will not result in any lowering of environmental standards, but in those standards being maintained. He will be interested to hear that later, I will talk about something called “best available techniques”, which is a technical term; we are going to be putting in our own system for that. Hopefully, more information will be revealed as I go through my speech, but there will be no diminution of standards at all.

Similar legislative updates to those contained in these regulations were made for England and Wales on 3 July through the Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019, which amended the Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 and the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019. As with other regulations made under the withdrawal Act, these regulations have been drafted on the basis of leaving the EU without an agreement. It is, of course, the Government’s preference that there will be an agreed basis for leaving the EU. However, it is prudent to ensure that we preserve our environmental protections upon leaving the EU in all eventualities.

The draft Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 correct operability amendments made by three other Northern Ireland European Union exit instruments, and amend one piece of Northern Ireland primary legislation. Part 2 of the instrument amends the Waste and Contaminated Land (Northern Ireland) Order 1997, and part 3 amends the three Northern Ireland EU exit SIs in order to correct some earlier operability changes made to primary and subordinate waste legislation in Northern Ireland. This is considered necessary to ensure that a consistent approach is taken to addressing operability issues in Northern Ireland waste legislation.

The particular operability issues all concern how article 16 of the waste framework directive will be applied in domestic law once the UK exits the European Union. To summarise, article 16 encourages member states to put in place infrastructure to deal with their own waste. The amendments ensure that that stipulation is appropriately reflected in domestic law. They do so by requiring the United Kingdom to move towards the aim of becoming self-sufficient in waste disposal and recovery.

The amendments also ensure that the relevant domestic legislation in Northern Ireland no longer refers to “best available techniques” where that could be interpreted by reference to EU definitions and processes, which will no longer be valid when we are no longer EU members.

The amendments are technical in nature and, as I have said, do not alter policy. Crucially, there is no reduction in the environmental standards or obligations to which Northern Ireland is currently subject.

I want to acknowledge at this point, Mr Chairman, that the issue of environmental standards has been contested during consideration of the instrument by the Secondary Legislation Scrutiny Committee. In reporting its consideration, the Committee published comments by Green Alliance to the effect that the removal of references to “best available techniques” in Northern Ireland legislation could lower environmental standards. That is absolutely not the case.

[Michael Fabricant]

Good.

[Rebecca Pow]

The UK has committed to maintaining environmental standards and to ensuring that the current best available technique conclusion implementing decisions, which set out the relevant requirements and emission limit levels for installations—just in case anyone was wondering what these best available techniques were, they refer to the emission limit levels for installations—will continue to have effect in UK law after the UK’s exit from the European Union.

Best available techniques for waste treatment have been set out and issued under Commission implementing decision (EU) 2018/1147, in accordance with the industrial emissions directive. That decision, as amended, has been adopted as part of retained EU law and, therefore, the conclusions set out within it will continue to apply post the UK’s exit from the European Union.

The Government have committed to put in place a process for determining future UK best available technique conclusions for industrial emissions post the UK’s exit from the European Union. That is being developed with the devolved Administrations and competent authorities across the UK. Legislative changes may be required to reflect the agreed process in due course. I hope that assures my hon. Friend the Member for Lichfield that this is all under way, and that standards will indeed be addressed and upheld.

The corrections and amendments to remove the requirement to take best available techniques into account in the context of article 16.1 of the waste framework directive ensure that the relevant domestic legislation and retained EU law do not commit the United Kingdom to comply with future amendments to best available technique arrangements and emission limits that may be produced by the European Commission. That is, of course, the crux of the matter.

Just to clarify, as it is a tad complex: amendments have been made through UK legislation either to remove or update references in respect of best available techniques, in order to ensure the operability of the relevant provisions, as the process of establishing and agreeing best available techniques is driven by the European Commission under the industrial emissions directive. Once the UK exits the European Union, it will no longer be a member state and will, therefore, no longer be part of the process of developing and agreeing future EU best available technique requirements. Rather, the UK will take its own approach to the development of future best available technique requirements to be met by UK industry. That could also take into consideration developments that are ongoing in the EU.

In respect of the amendment to the Waste and Contaminated Land (Northern Ireland) Order 1997, the reference to best available techniques in schedule 3, which was directly copied from article 16 of the waste framework directive, has been omitted because the term is not defined or used elsewhere in the order. Furthermore, there is already a requirement to take best available techniques into account in the context of establishing an adequate network of waste disposal installations and installations for the recovery of mixed municipal waste from households in another piece of Northern Ireland legislation, the Waste Management Licensing Regulations (Northern Ireland) 2003, which has been updated to ensure operability post the UK’s exit from the European Union.

In conclusion, for the purposes of addressing the instrument before us, if we did not address those deficiencies, the result could be legal uncertainty and ambiguity around the meaning of Northern Ireland’s environmental laws. This instrument ensures legal certainty in Northern Ireland as we approach our exit from the EU and ensures that we maintain environmental standards and protections across the UK. I commend it to the Committee.

--- Later in debate ---

[Rebecca Pow]

I thank the shadow Minister for his very clear points about how there have been a great many amendments. I am sure none of us wants to see any muddling of amendments, because these are really serious bits of legislation that affect business in a fundamental way. However, we can take heart that the technicality was spotted and we have made the changes, which shows that our scrutiny systems work. We have a Scrutiny Committee in the House of Lords and a similar one in the Commons. This legislation has been passed by them with a microscope and they are now happy with the changes that we have made. I hope that that sets the hon. Gentleman’s mind at rest.

It is important that some areas have been identified during the laying of this legislation. As the hon. Gentleman knows, the volume of legislation that has progressed over the past 12 to 18 months—and the timescales involved in producing it—has been on an unprecedented scale. Every effort has been made to ensure that the legislation that comes before Parliament does not contain errors, and processes are in place, as I said, with the Scrutiny Committees and so on to correct them, because it is important that they are corrected. Although they might sound confusing to the ordinary person out there on the street, to those for whom the regulations apply they are absolutely crucial.

We had a reference to the best available techniques being removed from the Waste and Contaminated Land (Northern Ireland) Order 1997. I thought I had made it clear in my speech why that had changed. In respect of the amendment to that order, the reference to the best available techniques was directly copied from article 16 of the waste framework directive, and it has been omitted because the term is not defined or used elsewhere in the order. It is an absolute technicality. Furthermore, there is already a requirement to take the best available techniques into account in the context of establishing an adequate network of waste disposal installations and installations for the recovery of mixed municipal waste from households in another piece of Northern Ireland legislation, the Waste Management Licensing Regulations (Northern Ireland) 2003. Those regulations have been amended by previous EU exit instruments—the Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 and the Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019—to ensure operability post the UK’s exit from the European Union, so I hope I have cleared that up.

The shadow Minister also mentioned standards and the change in respect of the reference to moving towards the aim of becoming self-sufficient in waste disposal and the recovery of waste, which are consistent with the current requirement on member states, again in article 16 of the waste framework direction in EU legislation. The corrections that these amendments make maintain the current ambition and objectives relating to becoming self-sufficient in waste disposal and the recovery of waste. That is the wording used in the EU directive. The previous amendments were not consistent with the current approach. I hope that clears up those points; it is slightly complicated.

[Michael Fabricant]

Very logical.

[Rebecca Pow]

I thank everyone on the Committee, particularly our colleagues from Northern Ireland, for their help and input. Just in case hon. Members have any queries, I assure them that these regulations will have no effect on other things connected with Northern Ireland, such as the peace process, the Good Friday agreement and border security. These regulations make corrections and minor technical amendments to address shortcomings in the retained EU environmental law in Northern Ireland arising from the withdrawal of the United Kingdom from the European Union. As my hon. Friend the Member for Lichfield said, it is to everyone’s benefit to maintain the integrity of environmental protection rules here and—particularly in relation to these regulations—in Northern Ireland. I commend the regulations to the Committee.

Question put and agreed to.

Oral Answers to Questions

Michael Fabricant Excerpts

Thursday 25th July 2019 Commons Chamber

The right hon. Member for Meriden, representing the Church Commissioners, was asked—

[Michael Fabricant (Lichfield) (Con)]

7. What recent assessment the Church of England has made of the effect of holding festivals in cathedrals on the number of visiting (a) worshippers and (b) non-worshippers.

[The Second Church Estates Commissioner (Dame Caroline Spelman)]

Cathedrals all run a series of events and religious festivals throughout the year, which vary in size, and collectively they host over 11 million visitors a year. Lichfield cathedral, in my hon. Friend’s constituency, is an outstanding example of that and welcomes around 120,000 people a year to its excellent exhibitions.

[Michael Fabricant]

I am very grateful to my right hon. Friend for her answer. She will know that the Lichfield festival attracts over 50,000 people to the city of Lichfield and brings at least 10,000 people into the cathedral itself, so what action is her Department taking to encourage other cathedrals to do similar initiatives?

[Dame Caroline Spelman]

I find it an interesting idea that I have a Department, but the Church of England will seize the initiative next year; it is a great year for anniversaries in the Church of England, with the Pilgrim Fathers and Thomas à Becket, and it will be a year of cathedrals. The Association of English Cathedrals will provide a pilgrimage passport for those at home and abroad who want to visit as many cathedrals as possible.