Draft Management of Hedgerows (England) Regulations 2024

Debate between Michael Fabricant and Rebecca Pow

Wednesday 8th May 2024 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 Management of Hedgerows (England) Regulations 2024.

It is a pleasure to have you in the Chair, Mr Stringer, for what I hope will be a very positive debate. The regulations were laid before this House on 16 April. It is a very fitting time to discuss this legislation protecting our wonderful and precious hedgerows, which are so important in our landscapes and to wildlife, because, as I am sure all members of the Committee are aware, it is National Hedgerow Week.

[Michael Fabricant (Lichfield) (Con)]

Will my hon. Friend take this opportunity to remember a former colleague of ours, Peter Ainsworth, who is no longer? Having got into the House of Commons in 1992, he introduced a private Member’s Bill on hedgerows, to which this legislation is related.

[Rebecca Pow]

I thank my hon. Friend so much for that very fitting intervention. Of course, I would be delighted to remember and recognise Peter Ainsworth. That was such an important proposal, and it all builds up to the totality of legislation relating to our hedges.

Of course, we know that so many wild birds depend on our hedgerows, which provide food and habitat. Lots of our red-listed birds, such as the linnet, the yellowhammer and the goldfinch, use hedges as valuable habitats. They basically provide larders for feeding, with blackberries, sloes, and all the other fruits that the hedge provides. Hedgerows are brilliant for our pollinators as habitats, and provide food for them from the flowers within. They also provide wind breaks and shelter for protecting livestock, and protect soil by holding it in place.

With all that in mind, this is the perfect week to consider this statutory instrument in Committee, as it proposes to further protect hedgerows, demonstrating this Government’s continuing commitment to the environment. The instrument establishes, by legislation, a common approach to managing hedgerows on agricultural land in England—that is the critical bit. As I have mentioned, it builds on existing legal protections for some hedgerows, as well as existing regulations for nesting birds.

In proposing this legislation, we have listened to the views of many who cherish our hedgerows, including organisations, colleagues, and the all-important farmers. I would very much like to thank everybody who responded to the consultation we held last year on protecting hedgerows. It received more than 9,000 responses, which was wonderful; all have been considered carefully, and they have really helped to form this piece of legislation. I am pleased to say that there was a really strong consensus from environmental and farming stakeholders that hedgerows should be protected in domestic law in a similar way to the previous hedgerow management rules, provided under cross-compliance. That is what this statutory instrument does. Our aim is to provide a familiar baseline for hedgerow management, and we want to be sure that everyone knows what is expected. We will support this with some guidance and by sharing good practice. As a safeguard, we are also ensuring that there are clear, proportionate consequences for the small minority who might choose not to comply.

I grew up on a farm, and hedgerows were an absolutely integral part of our landscape. I come from the west country and, as Members know, hedgerows are important in that livestock region for their stock-proofing abilities.

These rules are a reasonable minimum, and most farmers have been practising this kind of management for many years. Farmers are the guardians of our hedgerows; they protect, plant and maintain them for future generations. I want to put on record my thanks to them for their continued efforts to help wildlife to thrive on their farms, alongside the all-important work they do in producing food. We need to trust them to continue to do the right thing. We had a Westminster Hall debate not very long ago on hedges; I mentioned my father then, and I will do so again. He was ahead of his time in hedgerow management. He devised a system of cutting the hedges every other year and only on one side, so that they and the trees could grow on the other side. All farmers are now encouraged to do that.

When I go back home to the farm, as I did at the weekend, I can see that legacy: the hedgerow trees have grown, and the thick, wonderful hedges are full of flowers and birds. It is absolutely the right thing to be doing, and I know that many farmers are already doing it—in fact, many are going further than these regulations require. We have seen a very strong uptake of options to manage and further improve hedges under our agri-environment schemes. Lots of colleagues have farmers in their constituencies who have done just that.

I am delighted to report that there are more than 20,000 agri-environment agreements in place or applications coming through, contributing to the management of 60,000 miles of hedgerow in England. We look forward to working in partnership with many more farmers to manage and improve even more hedgerows in the future.

Oral Answers to Questions

Debate between Michael Fabricant and Rebecca Pow

Thursday 19th October 2023 Commons Chamber

[Michael Fabricant (Lichfield) (Con)]

Thank you, Mr Speaker. As chairman of the all-party parliamentary group for the waterways, I share concerns about the future of our canal network, but I am conscious of the fact that 15 years ago when the trust was set up, the aim was for it to be self-financing. Richard Parry, the chief executive, has discussed with me and Ministers in the past the possibility of receiving a lump sum, rather than a sum over 10 years. What progress has been made on that?

[Rebecca Pow]

I thank my hon. Friend for all the valuable work he does in that capacity. That subject is still under discussion.

Oral Answers to Questions

Debate between Michael Fabricant and Rebecca Pow

Thursday 28th October 2021 Commons Chamber

[Rebecca Pow]

No.

[Michael Fabricant (Lichfield) (Con)]

7. What steps he is taking to encourage the use of navigable waterways for freight traffic; and if he will make a statement.

[Mr Speaker]

Does any Minister want it?

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

Of course I want it, especially when it is from that particular Member; he is always at Department for Environment, Food and Rural Affairs questions and I thank him for that.

The Government are providing £20 million through the Department for Transport’s mode shift freight grant schemes in 2021-22 to support rail and water freight services on routes where they deliver environment benefits over road haulage but are more expensive to operate. Responsibility for the operational matters and management of the inland waterways rests with the relevant navigation authority and Ministers have no role in that.

[Michael Fabricant]

I thank the Minister very much for her reply, and for her kind comments about me, which I thought were rather nice.

The all-party group on waterways, which I have the honour of chairing, has identified that about 1,500 miles of our 5,000 miles of navigable waterways are suitable for freight. In addition to the measures the Minister has just outlined, has her Department given any thought to reintroducing the freight facility grants for wharfs and handling facilities?

[Rebecca Pow]

I am genuinely interested in my hon. Friend’s work. This area comes under Department for Transport responsibilities; it does not have any plans as such to reinstate the freight facilities grant in England, but the Government are of course very interested in the shift to getting freight transported in other ways. The fund I mentioned earlier has mostly gone to rail because the case has to be made for whether it is better to do it by water, so I recommend that my hon. Friend gets in there and makes that case, remembering of course the other great benefits of waterways, especially through cities, for health and wellbeing.

Environment Bill

Debate between Michael Fabricant and Rebecca Pow

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.

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

Debate between Michael Fabricant and Rebecca Pow

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.