Air Pollution (London)

Nick Hurd Excerpts

Tuesday 9th June 2015 Westminster Hall

[Ms Abbott]

I congratulate my hon. Friend on her important intervention, which deserved to be made at length.

The programme for meeting EU targets has been delayed. I ask the Minister to estimate how many Londoners will die as a result between now and 2030. Most shamefully, as a result of the Government’s abject failure to meet the EU targets, a UK charity, ClientEarth, had to take the Government to court. After referring to the European Court of Justice, the Supreme Court here in the UK has ordered the Government to submit new air quality plans to the European Commission no later than 31 December this year. We had to be taken to court before the Government would come up with sustainable proposals. Why did it take the Supreme Court to make the Government and the Mayor of London take the deadly matter of air pollution seriously? Is not the provision of a clean living environment a basic duty for any Government to fulfil? Will the Minister admit that on a wider scale, this Government are culpable of gross negligence leading to the premature death of up to 30,000 UK residents nationwide?

If the human cost does not move the Minister, will he stop to consider, as the Government busy themselves with their latest round of cuts to vital public services, that we spend £16 billion a year treating the adverse effects of air pollution? If the human cost does not bother the Government, the financial cost incurred by having such levels of air pollution might. For us here in London, it is essential that air pollution is tackled as a matter of urgency. In many locations throughout the city, pollutant levels regularly exceed EU limits by a multiple of two or three. To put the severity of the situation into perspective, Oxford Street managed to breach the hourly limit on nitrogen dioxide for the whole of 2015 by 4 January, in just four days. Each and every Londoner suffers daily from the continued inaction.

The responsibility to address London’s air pollution scandal rests with central Government and the Mayor, although local authorities also have a role to play. As a start, I urge the Government to implement a new cross-departmental strategy to bring about change and reduce the impact of air pollution on public health. The strategy should involve Public Health England and non-governmental bodies such as NHS England. It is essential that it should include clear, measurable and time-bound objectives for the reduction of emissions, and for cost and health benefits, which previous strategies have sorely lacked.

It should become mandatory for all local authorities to monitor levels of smaller particulate matter, as they are already bound to monitor nitrogen dioxide and PM10. The results must be published regularly and accessibly so that Londoners can remain fully informed about the dangers to their health and the health of their children. In addition, early alerts from DEFRA and the Met Office are crucial in order to guarantee that those most at risk from polluted air can plan in advance and avoid symptoms. Both bodies should continue to develop links with organisations such as the British Lung Foundation, which is well placed to convey such information to at-risk groups.

In relation to the role and inactivity of the Mayor, I believe that with his direct executive powers over TfL—

[Mr Nick Hurd (Ruislip, Northwood and Pinner) (Con)]

I congratulate the hon. Lady on securing this debate. Before she gets to the Mayor, there is one omission from the list of responsibilities on central Government: the ultimate no-brainer policy of avoiding wilfully increasing traffic at pollution hotspots. The third runway decision has already been cited, but according to DEFRA’s own models, the plans for the construction of High Speed 2 will increase emissions of the most dangerous pollutants in my constituency by 40%. Is that not gross irresponsibility?

[Ms Abbott]

The hon. Gentleman makes an important point.

Throughout the Mayor’s tenure, there has been a growing gap between what he has said about air pollution and what he has done on the issue. That is not unsurprising; Boris Johnson is a politician who talks a good game, but does not necessarily deliver. One example is the introduction of ultra-low emission zones, which would require vehicles travelling to central London to meet stricter emissions standards or pay a daily charge.

Since proposing the ultra-low emission zone nearly two years ago, Boris Johnson has taken a series of backward steps. His approach to the issue is inadmissibly weak. Waiting until 2020 to introduce the zone is simply costing lives. A range of organisations including the London boroughs, the London Health Commission, the Faculty of Public Health and the Royal College of Physicians have come together to call for the ultra-low emission zone to be strengthened, with early implementation, wider coverage, stricter standards and stronger incentives, but from Mayor Boris Johnson, we hear nothing. The financial costs to a fraction of drivers and voters must be weighed against the health benefits, including to those same drivers, who are the most at risk from pollution, and to the larger population, particularly children, who are exposed to air pollution in central London and beyond, all the way to Dartford.

Furthermore, Boris Johnson has paid no heed to the findings of the Marmot review of health inequalities, which linked higher exposure to air pollution among poorer communities with an increased risk of cardio-respiratory disease. Nationwide, 66% of man-made carcinogenic chemicals are released into the air in the most deprived 10% of English city wards. It is imperative that the incoming Mayor—I hope it will be me—widens the scope of measures and schemes designed to reduce pollution. By restricting his focus to central London and zone 1, Boris Johnson has abdicated his responsibility to the most vulnerable by excluding those in densely populated, heavily polluted and disadvantaged areas, and given no thought at all to areas outside London that are also affected by high levels of air pollution in London.

I want, and Londoners deserve, for London to become the world’s greenest capital city. The proposed solutions are as follows. We cannot fight the environmental challenges facing London, including air pollution, in a silo. We need a Mayor of London who will advocate for sustainability, low energy consumption and efficient waste reduction ideas that permeate all sectors, including housing, transport, healthcare, education and business. Not all London’s air quality issues result from the number of motor vehicles on our roads, but reducing the number and cleaning up their fuel sources would lead to big improvements. An incoming Mayor must incentivise use of electric cars and work actively to decrease the number of diesel vehicles on our roads.

With London’s population growing year on year, our city is at a crossroads on the issue of the environment in general and air pollution in particular. Londoners must choose whether they want a change for the better. A London with cleaner air and an increased reliance on renewable energy, and that is a safe city for cyclists and pedestrians, is an achievable reality with the right political will; I contend that the current Mayor has not shown that political will. An incoming Mayor must take urgent action.

For instance, it is unacceptable that statistics from 2013 show that the City of London has the highest carbon footprint per person in the whole of the UK. The average Briton produces 12.5 tonnes of carbon dioxide a year, but emissions per head in the City are 25% higher than that. Maybe that is because the people there are more important or wealthy, but it is not acceptable.

The Mayor should consider the use of sustainable technologies. I visited a very interesting project in Hackney a week or so ago, where solar panels have been put on top of a big council block. That enables people there to get their electricity more cheaply, and it is also a sustainable energy source. It is a very interesting project, which could be potentially rolled out across London.

Current efforts are insufficient. Not enough progress has been made on increasing the number of hybrid buses in TfL’s fleet; rectifying that deficiency should be a priority. The fact that Oxford Street remains one of the most polluted streets in the world is evidence that measures to reduce pollution from taxis and buses are not being pursued with sufficient energy. We need to establish more accessible grants for environmentally friendly infrastructure development. London can become a global leader in the proliferation of renewable energy sources, such as solar power. London would do well to adopt such good practices as the creation of last-mile delivery hubs, to ensure that the carbon footprint of final-stage delivery is minimised. There are firms in the City that encourage their employees to walk more—if not to work, then at least between offices. We need to improve London’s sustainable infrastructure; that would create jobs in construction and logistics.

Also, the environmental future of our city must be considered when solving London’s housing crisis; we should think about sustainability and environmentally friendly projects. For example, housing developments that incorporate super-insulation would help to reduce the ever-increasing energy bills of Londoners. We also need to step up our efforts to make the city a safe and accessible place for cyclists. If more people could be encouraged to drop their cars and get on their bikes, London would be a greener and more liveable city. Not enough has been done to address that; it should be treated as an urgent necessity.

In conclusion, there is no doubt that Members of all parties understand that this is an important issue that has not been properly addressed. There can be no doubt that the airport expansion at Heathrow that is being talked about would be the death knell of efforts to improve levels of air pollution, because aviation is such a major cause of air pollution.

Toxic air in London is killing Londoners, and we urgently need measures to tackle it. Promises to meet EU guidelines by 2025 or even by 2030 are unacceptable, and it is shocking that it has taken direct action from the Supreme Court to force the Government and the Mayor to address this issue seriously. It is clear that we have a real opportunity to tackle air pollution through a wholesale shift in the way that we view our living environment. For London, Londoners and the wider population in the UK, it is imperative that we seize the initiative and put an end to this silent killer once and for all, and I am using this opportunity to urge all stakeholders to step up and take responsibility. Individual companies can encourage sustainable travel on the part of their employees; housing developers can encourage sustainable development that uses renewable energy; borough councils can do more to encourage cycling to school, and they can also give out information about air pollution; the Mayor of London, who I think we can agree has comprehensively failed on this issue, can do more; and so can the Government. People should not have had to go to court to force the Government to recognise their responsibilities under EU law.

This important issue is not being dealt with, and as we fail to deal with it thousands of Londoners die every year. I am grateful to the House for having been given the opportunity to bring it to the attention of Members.

--- Later in debate ---

[John McDonnell]

What worries me is that when we presented this evidence to the Airports Commission—the Davies commission—it was treated relatively truculently. Only legal action forced the commission to consult again on air pollution. In doing so, it undermined the Government’s own guidelines about how to consult, including about the timescale for consultation. The commission’s report will now be tainted as a result of its failure to deal with this matter correctly.

If Heathrow airport is expanded, we will never be able to comply with air pollution limits, because of the extra air traffic and road traffic that will be generated as a result. Therefore, the conclusion in Government must be that Heathrow expansion cannot go ahead. If it does, that flies in the face of all the scientific evidence.

The other failure of government is, as has been said, the mayoral strategies. Those strategies have come up with all sorts of different devices, such as air quality management zones. We have had those zones in my area, but they have been completely undermined by individual planning decisions that have been supported by the Mayor, the Planning Inspectorate and local councils. I will give just two examples of such decisions in my area, and then I will allow other Members to speak.

The first example is the Conway bitumen plant development in my constituency. For a number of years, the Nestlé factory in my constituency pumped out emissions. We worked co-operatively with it to reduce the air pollution from that plant. When people in my area woke up in the morning, they could smell coffee if the wind was in the right direction. It gives a whole new meaning to, “Wake up and smell the coffee”. To give Nestlé its due, it worked over the years to reduce the emissions and it worked with the local community; I set up a consultative group. That factory is now closing.

Then, the local council, Hillingdon, gave permission for Conway to develop a bitumen recycling plant less than half a mile away. We are now regularly exposed to fumes from that plant. It is not controlled by the local authority, because the cutbacks in local government expenditure have meant that Hillingdon Council has cut its staff, and environmental and planning concerns are not being addressed effectively. The only reports on monitoring this company are produced by the company itself, which of course tell us that it is compliant with all the legislation.

Constituents of mine—and constituents of my hon. Friend the Member for Ealing, Southall (Mr Sharma)—wake in the morning and are nauseous and sick due to the overpowering smell of bitumen. Yet, as a result of the local council’s not being effective in doing its duty, we have not been able to act. I should welcome a meeting with the Minister’s officials to take advice on how we go forward in that regard.

In the same area, which is an air quality management zone, the Planning Inspectorate has allowed a huge out-of-town Asda shopping development with 500 car parking spaces. With a bitumen plant pumping out emissions at one end of North Hyde Road and an Asda development at the other end, there will be some 10,000 traffic movements a day on that road.

This is the way that central Government fail us. The mayoralty has proved completely ineffective. The local council either does not perform its duties effectively, because of cuts, or the Planning Inspectorate overrides even sensible decisions. Something is wrong here.

[Mr Hurd]

As a fellow Hillingdon MP, I stand shoulder to shoulder with the hon. Gentleman on the issue of the third runway. Does he agree that the other great threat to air quality in Hillingdon is the construction of High Speed 2? Will he join me in pressing the Government to consider more seriously the option of extending the tunnel to spare us the problem?

[John McDonnell]

I have always backed high-speed rail—

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[Mr Nick Hurd (Ruislip, Northwood and Pinner) (Con)]

I will be very brief, Mr Crausby.

If we are to get serious about improving air quality in London, we must not lose sight of the ultimate no-brainer policy—not wilfully to increase traffic in pollution hotspots. If we are serious about improving air quality in the London borough of Hillingdon, the current plans for the construction of HS2 must be revisited. We are being asked to host multiple construction sites, some of which will be in existence for 10 years. They will flood narrow suburban roads with HGVs. The roads are already clogged and are surrounded by high-density housing. The area is home to clusters of schools, to which children walk. The impact will be disastrous.

I will illustrate my point by discussing three roads. Swakeleys roundabout is already highly congested and in breach of EU limits; the current HS2 plans will increase HGV traffic there by 1,672 movements per day. On Swakeleys Road, there will be 1,860 new HGV movements per day. On Harvil Road, there will be 1,360 new HGV movements per day. To make that live a bit, I should say that that means a new HGV movement every 25 seconds on key artery roads that my constituents use to get to work in and around the borough. This is in an area where pollution levels are already high—in some cases, already in breach of EU limits—but, through HS2, the Government plan wilfully to increase the traffic.

On HS2 Ltd’s own traffic projections, fed into the Department’s own forecasting model, emissions for PM10, PM2.5 and NOx will be set to rise by between 30% and 40%. That feels like irresponsible madness, given the threat that the hon. Member for Hackney North and Stoke Newington (Ms Abbott) articulated so well—the silent killer that she described. This is Government policy pulling in different directions.

There is a solution: bury HS2, literally, by extending the proposed tunnel so that it crosses the Colne valley. It can be done technically, and the London borough of Hillingdon’s report shows that it can be done for more or less the same price as the existing proposals. There are lots of reasons to do it, but today we add to them the opportunity for the Government to avoid wilfully adding to the terrible problem of the quality of air that Londoners breathe.

[Several hon. Members]

rose—

Public Bodies Bill [Lords]

Nick Hurd Excerpts

Tuesday 25th October 2011 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Mr Nick Hurd)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Government new clause 2—Delegation of Welsh Environmental Functions.

Government new clause 3—Shared services.

Government new clause 4—Shared services: Forestry Commissioners.

Government amendments 5, 6, 12 to 20, 7, 21 to 25, 8, 9, 26, 27, 10, 28, 11 and 29.

[Mr Hurd]

This is a long list of amendments, but I hope we can deal with it quickly, as I sense that the mood of the House is in favour of moving on swiftly to what might well be more contentious issues. First however, it would be wrong of me not to join the Deputy Leader of the House in thanking the members of what was a very good Committee for their work and the spirit in which they undertook it.

This group of Government amendments relates to four aspects of the Bill, and to matters which I hope the House will agree are sensible and uncontentious. New clauses 3 and 4 and amendments 25 to 29 will provide powers to enable certain bodies carrying out public functions—specifically the Environment Agency, Natural England and Royal Botanic Gardens, Kew, as well as the Joint Nature Conservation Committee, the Marine Management Organisation and internal drainage boards—to share back-office functions with other bodies. The powers also apply to other bodies carrying out Welsh environmental functions.

New clauses 1 and 2 and amendments 12 and 16 to 20 will provide powers to enable the Environment Agency to delegate non-devolved functions to Welsh environmental bodies. They also incorporate provisions currently in clause 16 relating to delegation of Welsh environmental functions. Amendments 5 and 8 to 11 will extend the definition of “eligible persons” in clause 1(3) to include co-operative and community benefit societies and charitable incorporated organisations. Finally, amendments 6, 7, 13 to 15 and 21 to 24 are minor and technical drafting amendments.

Turning first—and briefly—to the issue of shared services, there is a move across government to reduce the cost of back-office functions such as human resources, IT and payment processing. Freeing up bodies to share back-office services is an important way of rationalising and delivering economies of scale. The Department for Environment, Food and Rural Affairs has some large non-departmental public bodies, such as the Environment Agency, which could serve as centres for delivering back-office services to other bodies in its network. However, these bodies do not currently have clear legal powers to be able to provide such services. That is because providing these back-office services to others is not always incidental or related to their main or primary purpose. The aim of these amendments is to provide a clear power so that, for example, the Environment Agency could provide back-office services such as accounting services to a body such as Royal Botanic Gardens, Kew, or operate contracts for vehicles for the DEFRA network. That would be beneficial in efficiency and economic terms, and there are likely to be many more such examples as sharing of services becomes more common.

[Mr Kevan Jones (North Durham) (Lab)]

I understand why these amendments have been tabled, but it is not a God-given right that the organisations in question will win these contracts. Surely some of the contracts will be sufficiently large to have to be put out under the Official Journal of the European Union—or OJEU—notices.

[Mr Hurd]

That is a separate issue. We are trying to make the powers clearer so that more circumstances arise whereby such bodies can share services and seek efficiencies. These amendments will therefore enable the Environment Agency—

[Mr Jones]

The hon. Gentleman did not answer my question. The fact of the matter is that these measures will give the powers he describes, but they do not necessarily mean that the organisations in question will be able to circumvent European competition law in respect of contracts they put out to tender.

[Mr Hurd]

The hon. Gentleman is right to say that everything will be subject to appropriate procurement regulations, but the purpose of these amendments is to make it easier for such bodies to share services.

These amendments will therefore enable the Environment Agency, Natural England, the Joint Nature Conservation Committee, the Marine Management Organisation and internal drainage boards, which are bodies performing public functions, to provide back-office functions to other bodies carrying out public functions. The Bill already provides a similar power for Welsh environmental bodies, so this step will provide parity for these English bodies.

The amendments also carry forward arrangements in clause 16 whereby forestry commissioners may share services with Welsh environmental bodies carrying out functions in Wales. This power does not extend to the Forestry Commission making arrangements with non-Welsh bodies. As this is an enabling power, it will be used only where a body listed wished to use it, and where it would be financially beneficial to share back-office services. Also, it could not be exercised without the consent of the relevant Ministers. This power is in many respects similar to the provision in the Flood and Water Management Act 2010 enabling internal drainage boards to agree that one should provide back-office services to another. In debate, this was warmly welcomed by all parties. As in the case of these amendments, the express purpose was to make the delivery of administrative functions more effective and cheaper. I hope that right hon. and hon. Members will agree that, with public funding under severe constraints, it is sensible to ensure that bodies are able to share services, thus leading to increased efficiency and potential savings in the delivery of back-office functions.

--- Later in debate ---

[Roger Williams (Brecon and Radnorshire) (LD)]

We have only recently had sight of these new clauses. The water framework directive, which needs to be in place by 2015, deals with river catchment areas and so rivers such as the Wye and the Severn would have both a Welsh and an English context. Do these new clauses enable these bodies to work better together to achieve the desired outcome?

[Mr Hurd]

In large part these measures are designed to make existing flexible arrangements clearer, precisely to make more effective the sort of cross-border work needed in exactly the type of situations to which the hon. Gentleman refers.

As I was saying, the amendments are similar to the current provisions relating to the delegation of Welsh environmental functions in clause 16. The amendments delete those provisions and incorporate them in a slightly revised clause so that the delegation of functions is covered in concurrent clauses.

Amendments 5 and 8 to 11 will extend the definition in clause 1(3) of “eligible persons” to whom the functions of a body or office holder can be transferred under the general order-making powers of the Bill and to whom property can be transferred under clause 24 to include co-operatives, community benefit societies and charitable incorporated organisations. This issue was raised in Committee, not least by my hon. Friend the Member for Dover (Charlie Elphicke), at which point I made a commitment to consider how alternative models such as co-operatives and community benefit societies could be supported to deliver public services, where appropriate. It has always been the intent behind this section of the Bill to ensure that the reform of public bodies is effective by enabling the transfer of functions to a range of persons, so I am therefore pleased to be able to introduce these amendments.

In addition to the provision on co-operatives and community benefit societies, there is now an amendment to include charitable incorporated organisations. Although such charities are yet to come into being since being introduced by the Charities Act 2006, work is well under way and we have taken the opportunity to allow future orders made under the Bill to transfer functions to them. I would like to assure the House that, no matter to whom functions are transferred, it is the Minister’s responsibility to ensure that proper accountability mechanisms are in place, especially where the body is in receipt of public funds.

[Jon Trickett (Hemsworth) (Lab)]

We very much welcome these new clauses, which were amendments that we proposed at the time and the Minister very fairly said that he would take them away and look at them. I wish to raise one issue about charities. Is he able to explain why he is envisaging a particular form of charitable association which is not yet in existence? He has made some brief comments, but they left us puzzled in Committee.

[Mr Hurd]

Charities do fall within the scope of the Bill as far as we are concerned. The hon. Gentleman will be aware that the 2006 Act allowed for the introduction of a new type of organisation—a charitable incorporated organisation. We just felt it sensible at this stage, for the avoidance of any doubt, to include such organisations in the Bill.

I know that the House wants to move on, but let me first address amendments 6, 7, 13 to 15 and 21 to 24. These minor and technical drafting amendments clarify and improve certain aspects of the Bill, and I shall briefly explain the changes they make. The amendments to clauses 11 and 20 are simply drafting changes that move measures that are relevant to the procedure for making orders, which are currently in clause 32, to clauses 11 and 20 as that is where the other measures on procedure are found.

Amendments to clauses 14 and 15 clarify that where Welsh Ministers have powers to modify the constitutional arrangements of bodies, in so far as changes may be made to the extent to which a body is accountable to Ministers, this refers to accountability to Welsh Ministers. The changes to clauses 21 and 23 remove any potential confusion regarding the restrictions in those measures. If a Minister cannot create a power to make subordinate legislation, it follows that he cannot “authorise the creation of” a criminal offence or any of the other powers under clause 21(1). Therefore the removal of the words

“or authorise the creation of”

does not change the effect of the restrictions on ministerial powers.

[Nia Griffith (Llanelli) (Lab)]

Will the Minister explain exactly what consultation he has had with Welsh Government Ministers on the proposals he has outlined this afternoon that will affect Wales?

[Mr Hurd]

I understand that those consultations have been extensive and I do not think there has been any real criticism regarding a lack of consultation with Welsh Ministers. However, I know that there continues to be a spirited debate about S4C and I sincerely hope and believe that we will have adequate time to return to that issue.

The amendment to clause 22 removes what was a restriction on the power to authorise the delegation of functions to an eligible person, as the power to so authorise was removed in the other place. The reference in clause 22(2)(b) is therefore no longer necessary. Finally, the change to clause 27 is simply a drafting change to make reference to each House of Parliament approving a draft statutory instrument rather than a statutory instrument.

[Nia Griffith]

First, it must be said that the Opposition have been dismayed at the way in which the Government have introduced a Bill to abolish so many valuable bodies with so many diverse functions. They have all been lumped together in this one Bill, which has been designed to abolish them, and this has afforded very little time for debate. Although we may accept some Government new clauses and amendments to make the outcome of the Bill fit within the devolution settlement and to iron out some anomalies—we understand that those changes are necessary and logical—that does not mean that we are giving unreserved support to the Bill. Far from it. In other words, we would far rather not be starting from here.

We have been confronted with a large number of new clauses and amendments at this very late stage of the Bill. A more appropriate way of dealing with these measures would have been in Committee, having allowed proper time for consultation and debate. Instead, these Government amendments were published only yesterday morning. As the Welsh Assembly is in recess this week, there has been no opportunity for the Opposition to consult Welsh Ministers. Indeed, even if it were not in recess, there would have been an absurdly short period of time for us to consult those Ministers or anyone else who has an interest in these amendments. Let us contrast that approach with the extensive discussions we had in the Committees on the Bills that became the Marine and Coastal Access Act 2009 and the Flood and Water Management Act 2010 about exactly how functions would apply to Wales.

Let me address the four issues to which the Minister has referred. First, on shared services, we need to remember that this is the Minister who only last October tried to explain to charities that they need not worry about TUPE because it would not apply. We can all appreciate the need for savings and the benefits that sharing staff can bring but I am concerned that the Minister is trying to bamboozle us with this measure. I am worried about his understanding of TUPE and the importance of protecting staff if they have to transfer from one place to another, if their functions are transferred, if their job description is changed or if they find themselves doing something that they were not originally appointed to do. I feel that the Government need to take on board the protection that such people should be afforded.

On the Environment Agency and issues such as flooding, of course we appreciate the need for the most appropriate and efficient way to operate. There is already close co-operation on the ground. If we can remove legal barriers to solving any problem in that respect, that is clearly the correct way forward.

Co-operatives have been mentioned, and of course the Opposition have always championed them.

Finally, the technical amendments are clearly consequential, and we therefore accept them in the context of our opposition to the general thrust of the Bill.

Question put and agreed to.

New clause 1 accordingly read a Second time, and added to the Bill.

New Clause 2

Delegation of Welsh environmental functions

‘(1) A person to whom this section applies may make arrangements with another such person for—

(a) a Welsh environmental function exercised by one to be exercised by the other;

(b) co-operation in relation to the exercise of Welsh environmental functions.

(2) This section applies to—

(a) the Environment Agency,

(b) the Forestry Commissioners, and

(c) a person not falling within paragraph (a) or (b) who exercises a Welsh environmental function.

(3) The Welsh Ministers’ consent is required for arrangements under subsection (1).

(4) The Welsh Ministers may by order make provision about how the function of making arrangements under subsection (1) is to be discharged (including provision about the extent to which a fee may be charged in respect of anything done under the arrangements).

(5) An order under subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(6) The Secretary of State’s consent is required for arrangements under subsection (1) involving, or an order under subsection (4) affecting—

(a) the Environment Agency,

(b) the Forestry Commissioners, or

(c) a person not falling within paragraph (a) or (b) who is a cross-border operator.’.—(Mr Hurd.)

Brought up, read the First and Second time, and added to the Bill.

New Clause 3

Shared services

‘(1) A person to whom this section applies may make arrangements with any other person to provide administrative, professional or technical services to that person for purposes relating to the exercise of public functions in or as regards England or Wales.

(2) This section applies to—

(a) the Board of Trustees of the Royal Botanic Gardens, Kew;

(b) the Environment Agency;

(c) the Joint Nature Conservation Committee;

(d) an internal drainage board;

(e) the Marine Management Organisation;

(f) Natural England;

(g) a person not falling within paragraphs (a) to (f) who exercises a Welsh environmental function.

(3) The Secretary of State’s consent is required for arrangements under subsection (1) involving a person who exercises a non-devolved function (whether or not the person also exercises a Welsh devolved function).

(4) The Secretary of State may by order make provision about how the function of making arrangements in subsection (1) is to be discharged in the case of arrangements made by a person to whom this section applies who exercises a non-devolved function.

(5) An order under subsection (4) requires the consent of the Welsh Ministers if the person referred to in subsection (4) also exercises a Welsh devolved function.

(6) An order under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) The Welsh Ministers’ consent is required for arrangements under subsection (1) involving a person who exercises a Welsh devolved function (whether or not the person also exercises a non-devolved function).

(8) The Welsh Ministers may by order make provision about how the function of making arrangements in subsection (1) is to be discharged in the case of arrangements made by a person to whom this section applies who exercises a Welsh devolved function.

(9) An order under subsection (8) requires the consent of the Secretary of State if the person referred to in subsection (8) also exercises a non-devolved function.

(10) An order under subsection (8) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(11) The provision referred to in subsections (4) and (8) includes provision about the extent to which a fee may be charged in respect of anything done under the arrangements.

(12) The power to make arrangements under subsection (1) is without prejudice to any other power of a body to which this section applies to provide services to other persons.’.—(Mr Hurd.)

Brought up, read the First and Second time, and added to the Bill.

New Clause 4

Shared services: Forestry Commissioners

‘(1) The Forestry Commissioners may make arrangements with a person who exercises a Welsh environmental function (with or without other functions) to provide administrative, professional or technical services to that person for purposes relating to the exercise of public functions in or as regards Wales.

(2) The Welsh Ministers may by order make provision about how the function of making arrangements under this section is to be discharged (including provision about the extent to which a fee may be charged in respect of anything done under the arrangements).

(3) An order under subsection (2) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(4) The Secretary of State’s consent is required for—

(a) arrangements under this section, or

(b) an order under subsection (2).

(5) The power to make arrangements under this section is without prejudice to any other power of the Forestry Commissioners to provide services to other persons.’.—(Mr Hurd.)

Brought up, read the First and Second time, and added to the Bill.

New Clause 7

Agricultural wages

‘(1) In section 3 of the Agricultural Wages Act 1948 (power of Agricultural Wages Board to fix wages, holidays and other terms and conditions) the powers and duties of the Agricultural Wages Board are transferred to the Low Pay Commission.

(2) The Low Pay Commission shall establish an advisory board of employer and employee representatives from agricultural and related industries to make recommendations to the commission in fulfilment of its duties under the Agricultural Wages Act 1948.’.—(Andrew George.)

Brought up, and read the First time.

--- Later in debate ---

[Mr Hurd]

On a point of order, Mr Deputy Speaker. It would be helpful to inform that House that, having considered the matter further, the Government will not move amendments 47 and 48.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I thank the Minister for that notification.