Kennels and Catteries: Economic and Social Contribution

Nigel Evans Excerpts

Wednesday 3rd November 2021 Commons Chamber

[Jo Churchill]

I could not agree more with my hon. Friend. Indeed, the Department is looking to do something about pet theft in future legislation.

The Government are aware of the sector’s concerns relating to the covid-19 restrictions that were in place and understand the considerable difficulties faced not only by kennels and catteries, but by many businesses adversely affected by the fall in travel and tourism due to the pandemic. I place on record my thanks to my hon. Friend the Member for Hyndburn for her acknowledgement that the Government acted swiftly and put a great deal of effort into ensuring that businesses were supported.

The Government’s swift action to provide a range of covid-19 support measures to both businesses and charities was done at pace. We published information on how to access that support and worked with sector bodies at the time—that is the important thing I would like to stress—such as the Canine and Feline Sector Group. We worked with the group to enable grooming to start up. In the difficult days of the pandemic, it worked on regulations around safety handovers and so on, so that the industry could get up and running. That work led to the publication of advice to owners and pet businesses throughout the period that restrictions were in place.

We continue to engage with the sector to try to understand and address any residual issues. Government support included, but was not limited to, loans, small business grants available through local authorities, mortgage holidays and VAT deferral. Those, and other provisions, were maintained and extended as the situation developed. The Government also acted to protect the income of the self-employed through the self-employed income support scheme grant, and supported employees through the furlough scheme. Businesses in my hon. Friend’s constituency, including catteries, will have felt the benefit of that support.

I understand that the owner of Rhoden Manor has gone on to establish the UK Alliance of Catteries and Kennels with the aim of strengthening their collective voice. I recognise that there has been a great deal of concern in the sector and we take that very seriously. We will keep a close watch on intake levels and trends. DEFRA remains committed to continued engagement with the sector and to understanding the long-term impacts of the pandemic, monitoring the animal welfare implications and offering subsequent and appropriate advice.

Local authorities were allocated £500 million in discretionary funding through the additional restrictions grant to support businesses that were significantly impacted, even though they were not required to close. That was in addition to the £1.1 billion allocated in November 2020. Local authorities had the discretion to support businesses in the way that they saw fit.

I recognise the importance of kennels and catteries and the varied roles that they play in our lives, from enabling our ability to travel to supporting key workers, allowing them to undertake their roles. The Government are also convinced that the kennels and catteries of this country provide many economic benefits. I hope that my hon. Friend the Member for Hyndburn can be reassured by the fact that we are working with the Local Government Animal Welfare Group to improve the data that several hon. Members said was perhaps not as seamless as they would like it to be.

I hope that my hon. Friend is reassured that the Government have taken the appropriate steps throughout the covid restrictions to ensure that we supported kennels and catteries, so that they could, and can, continue to operate. I thank her for securing tonight’s debate. She spoke recently about the support that the Government have given to high streets, recognising the effort and investment that we have made.

To conclude, I would be happy to meet my hon. Friend to tease out, as she said, the quite complex set of asks that she laid out this evening and to see exactly where the challenges are, because I would like my officials to check some of the details about the database, and so on. As my right hon. Friend the Member for Romsey and Southampton North said, making it a simpler system to navigate is probably one of the key asks. On that note, I thank my hon. Friend the Member for Hyndburn again for securing the debate and thank our cattery and kennel owners for not only all they did in the pandemic, but all they do all the time.

[Mr Deputy Speaker (Mr Nigel Evans)]

I was honoured to chair both Friday’s debate on animals and tonight’s as well. If it proves anything, we are a Parliament of animal lovers, that is for certain.

Question put and agreed to.

Animals (Penalty Notices) Bill

Nigel Evans Excerpts

2nd reading
Friday 29th October 2021 Commons Chamber

[Jo Churchill]

It is always better to lead in areas of good behaviour than to follow. Perhaps if we work together, we can find ourselves in that sweet spot where we have the right suite of tools to ensure that where there is inappropriate behaviour, we are firm; where there is inappropriate behaviour at a low level because of a lack of knowledge, we can guide; and where there is something in between, we can use my hon. Friend the Member for Romford’s penalty notice to ensure that we can redirect that behaviour. We will be identifying priority offences to establish clear and effective guidance, and to ensure that serious offences continue to go through the court, which I think was the point that my hon. Friend the Member for Romford made to me yesterday and on the Floor of the House today.

Let me reiterate the Government’s unwavering support for this legislation. I give my commitment that I will do all that I can as the Bill proceeds through the House.

[Mr Deputy Speaker (Mr Nigel Evans)]

Before handing over to the Member in charge, may I say that the spirit of Sir David Amess has filled the Chamber today throughout this debate? I have no doubt whatsoever that had the tragedy not befallen Sir David, he would have been here today: he would have spoken and it would have been both caring and comical in equal measure. We miss him.

Animal Welfare (Kept Animals) Bill

Nigel Evans Excerpts

2nd reading
Monday 25th October 2021 Commons Chamber

[Andrew Rosindell]

The hon. Lady is completely correct. Without working with the local people—the indigenous people of those countries—these efforts are not going to work. We need to ensure that the people in those countries are playing their part, by including them in these projects, as our zoos are doing. That is vital for the sustainability of the projects. I thank her for her remarks.

To recap, can the Minister please give reassurances that conservation will be understood in the broadest sense at zoos and aquariums? Will the Government also seek to make the Zoos Expert Committee more accountable, because that is vital? Finally—I say this in all sincerity—I extend an invitation not only to the Minister but to all Members of the House to visit their local zoo or aquarium. We have the most incredible zoos across the United Kingdom, and it is only by seeing for themselves that Members will see the brilliant work that they do to protect the animal kingdom with whom we share this planet. Our dear friend David Amess said this in June about the forthcoming animal welfare Bills:

“I hope the House will come together, support them and get them quickly on to the statute book.”—[Official Report, 7 June 2021; Vol. 696, c. 243WH.]

I can think of no better tribute to him and to the animals across the United Kingdom that he so adored.

[Mr Deputy Speaker (Mr Nigel Evans)]

I think that one thing is for absolutely certain: had the tragedy not befallen David recently, he would have been in this debate today championing animal rights, which were so close to his heart. I do not normally profess any opinions, as you know, but I will be voting for Vivienne.

COP26: Limiting Global Temperature Rises

Nigel Evans Excerpts

Thursday 21st October 2021 Commons Chamber

[Olivia Blake (Sheffield, Hallam) (Lab)]

I thank the hon. Member for Brighton, Pavilion (Caroline Lucas) for securing this debate.

The COP26 President has tweeted that

“to host a successful, inclusive #COP26 this November, both youth and civil society must be at the heart of both our preparations, and the summit itself”.

I agree that the climate emergency requires a democratic response, and our approach to the talks should reflect that. It is because we have not had enough democracy in our economy and in our society that we find ourselves debating the issue today. As long as only a few wealthy and powerful people make and lobby for decisions, those decisions will be taken in their interests, not the interests of everyone, and especially not those of the people most affected by the climate emergency.

Whether it gives people more power over our political institutions, over our communities or over our workplaces, more democracy is a precondition of averting climate catastrophe, but to people across the country, negotiations at the summit will feel very remote. I know that while many people believe passionately in taking actions to address the climate crisis, they also feel powerless. There will almost certainly be a chasm separating those campaigning for climate justice on the streets of Glasgow and those inside the conference hall, which is starkly highlighted by reports today of Governments seeking to water down key proposals ahead of COP26. That is why we have been meeting regularly in my constituency to produce a Sheffield Hallam people’s manifesto for COP26, bringing together campaigners, trade unionists, experts, economists, and people who just want to know how they can help to tackle the climate emergency. At a time when many feel voiceless, we aimed not only to put on record my constituents’ strong belief that more can and should be done, but to make concrete proposals about what they believe must be done.

I have come here today, to this Chamber, to amplify that voice, and to ask for the COP26 president to meet my constituents and me tomorrow, when they present their manifesto to No. 10 Downing Street. The ideas in the manifesto are wide-ranging, speaking to policy on planning and local government, energy, transport, finance, food, nature, industrial strategy, and international climate justice. Above all, they speak to the dynamism and ingenuity of my constituents in imagining how to do things differently.

Ministers have a choice at COP26. They can watch the world burn comfortably from the windows of the conference centre, or they can let down the drawbridge and bridge the chasm between themselves and the people watching from their televisions at home or marching in the streets of Glasgow—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am sorry, but we have to leave it there. The winding-up speeches will begin at 3.15 pm. I call Bob Seely.

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[Alexander Stafford]

rose—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. The hon. Gentleman had already given way twice; I am sorry about that.

Environment Bill

Nigel Evans Excerpts

Wednesday 20th October 2021 Commons Chamber

Finally, Lords amendment 33, on environmental review remedies, would ensure that the interests of those accused of breaching environmental law, such as a developer or a fossil fuel company, were not favoured above the environment itself. Put simply, the court must be able to remedy breaches of environmental law. In opposing that amendment, I fear the Government have undermined the role of the OEP, which is meant to be a world-leading body to give the environment a voice and hold the powerful to account.

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the hon. Lady for her earlier comments about Sir David Amess and James Brokenshire. I have not had an opportunity to say anything, but in my 29 and a half years in politics, this has been one of the toughest weeks for Parliament. I know we will all miss both Sir David and James, as we loved them so dearly. Thank you for your comments—I appreciate that.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I, too, rise to support Lords amendment 3. My Vauxhall constituency, just across the river, is the start of the congestion charging zone, and it contains some of the most polluted roads in the country. Data from the Taskforce for Lung Health found that background levels of PM_2.5 in Lambeth were more than 25% higher than the 10 microgram per metre cubed recommended limit. In some areas of Vauxhall, PM_2.5 levels are nearly 50% higher than that target. The taskforce also found that nearly 7% of deaths in Lambeth were linked to that issue, with devastating impacts on every age group.

We have all mentioned Ella Kissi-Debrah, who was just nine when she died as a result of severe asthma, which was induced and exacerbated by air pollution. She was hospitalised 28 times in 28 months, and last year she became the first person to have air pollution listed as a cause of death. My constituents in Vauxhall cannot wait any longer, and they keep putting themselves at risk because of that difficult air pollution. The roads putting them at risk are the roads they must use to access shops and amenities, or to get to work, school or play, whether by foot, bike, bus or scooter. They are the roads that people, including me, must send their children along to school every day.

Last week, I visited St Anne’s Primary School in my constituency, which was identified by the Mayor of London as one of the 50 schools in the most polluted areas of London. Although it was good to visit that school it was also quite sad, because during the visit the headteacher showed me a state-of-the-art living wall that is using vegetation to protect the children from all the air pollution coming from the main roads. Such innovations are impressive, but why must schools take such measures to protect our young children? That is not right.

The Government have said that they will consult between January and October next year on air quality targets, but how many more targets do we need? The data is there. The data is choking us—no pun intended. It already exists. We know from a 2018 report by UNICEF that the effects of air pollution are more serious for children than for adults. We know from data released last week by City Hall that the areas with the highest levels of deprivation, or those with a higher proportion of people from non-white backgrounds, are more likely to be exposed to high levels of air pollution. We have the tools at our disposal to set that target, so why can we not do so now? As the mother of a 4-year-old and a 6-year-old living in an inner-London borough, I do not want my children growing up with that pollution, nor do I want the children and young people I represent in Vauxhall to continue to grow up with such high levels of pollution. Let us set that target once and for all, bring an end to this, and bring

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[Rebecca Pow]

I hear what my hon. Friend says and I will reiterate that to the new Minister with responsibility for air quality. My hon. Friend makes good points. Many other measures are in place connected to our air quality strategy, but he may be right that they need to be pulled together in a clearer way. We acted on many of the measures on which the coroner gave us guidance after the very tragic case of Ella Kissi-Debrah. Our hearts go out to that family, and I am thankful for all the input.

Regarding amendment 1, I must reiterate that actions are what are necessary to combat the climate and biodiversity emergency, not legal declarations. On amendment 2, the soil health action plan will provide strategic direction to develop the metrics that we need for the soil health target, and I point hon. Members to the written ministerial statement on that. On amendment 3, we will continue to collaborate with experts to ensure that the consultation on air targets is based on the best evidence. In setting targets, we need to carry out detailed modelling, as I said.

Amendment 12 fundamentally undermines the long-term nature of the targets framework. It removes necessary flexibility and forces us to meet legally binding targets every five years on complex environmental issues. Regarding amendment 28, the Government firmly maintain the position that exempting some limited areas from the duty to “have due regard” provides necessary flexibility in relation to finances, defence and national security.

Turning to amendments 31 and 75, I must stress that the guidance power is required to ensure appropriate accountability for the OEP. Finally, amendment 33 is not acceptable because it removes all protections for third parties who were brought into the OEP’s process of environmental review. The Government are confident of their position on these matters and I hope that Members will support us in returning this position to the other place, so that we get our world-leading legislation onto the statute book.

[Mr Deputy Speaker (Mr Nigel Evans)]

Just to explain the process, I am anticipating five votes; the first vote will take 10 minutes and the others, consecutively, eight minutes, so I really would not go too far from the Lobbies. There will be three from the Labour party, one from the Lib Dems and one from the Scottish National party. If Deirdre Brock would approach the Chair while the first Division is taking place, I will explain the process for the SNP Division, because it is a bit more complicated.

Lords amendment 1 disagreed to.

Lords amendment 2 disagreed to.

Clause 2

Environmental targets: particulate matter

Motion made, and Question put, That this House disagrees with Lords amendment 3.—(Rebecca Pow.)

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More than two hours having elapsed since the commencement of proceedings on consideration of Lords amendments, the proceedings were interrupted (Programme Order, this day). The Deputy Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83F).

[Mr Deputy Speaker (Mr Nigel Evans)]

I am anticipating a vote on the next Lords amendment, and it will be eight minutes for this and every other Division in this section. I call the Minister to disagree with Lords amendment 12 formally.

Clause 4

Environmental targets: effect

Motion made, and Question put, That this House disagrees with Lords amendment 12.—(Rebecca Pow.)

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[Rebecca Pow]

I beg to move, That this House disagrees with Lords amendment 43.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Lords amendment 45, and Government amendment (a) thereto.

Lords amendment 65, and Government motion to disagree.

Lords amendment 66, and Government motion to disagree.

Lords amendment 67, Government motion to disagree, and Government amendments (a) to (e) in lieu.

Lords amendment 94, and Government motion to disagree.

Lords amendment 95, and Government motion to disagree.

Lords amendments 46 to 63, 71 to 74, and 91 to 93.

[Rebecca Pow]

As we turn to amendments focused on the protection of nature, I would like to remind the House of some of the significant changes that the Government have made to the Bill since its introduction, which I hope hon. Members support. We have extended the requirement for biodiversity net gain to cover nationally significant infrastructure projects, which ensures that new nationally significant infrastructure projects, such as new roads, railways or airports, must contribute to our vision of a nature-positive future. That will also enable the Government to extend net gain to major projects in the marine environment once a suitable approach has been developed.

We have added a power to increase the period for which habitat must be maintained beyond 30 years across the whole net gain policy. The Secretary of State must keep under review whether the period could be increased. We have made it a legal requirement for the Government to produce guidance on how local planning authorities should have regard to local nature recovery strategies.

I turn to storm overflows. All the detail that I am about to outline demonstrates an absolute commitment to tackling the environmental harm caused by storm sewage overflows, on which we have taken significant action. Lords amendment 45, the majority of which has been put forward by the Government—I urge hon. Members to look at it—introduces an entire new chapter to the Water Industry Act 1991 on storm overflows to address that. It places a statutory requirement on the Government to produce a plan to reduce discharges from storm overflows and their adverse impacts before 1 September 2022, and commits the Government to taking action and reporting on progress to Parliament. We will also be required to produce a report on the actions that would be needed to eliminate discharges from storm overflows in England, and their costs and benefits, before 1 September 2022.

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[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

The Question must be put no later than six minutes past 7. Colleagues can see that there is a lot of interest, so will they please show some time discipline?

[Deidre Brock]

These amendments are almost entirely focused on English environmental matters, and many Members, as you have noted, Mr Deputy Speaker, wish to speak from English constituencies, so I will make this contribution short.

Lords amendment 43, while laudable in its intentions, inappropriately constricts the powers of Scottish Ministers in a devolved area. Although I absolutely support its general aims, those decisions should properly be made by the Scottish Government and Parliament and not by this Chamber or indeed the other place.

In closing, I wish to acknowledge the shadow Minister’s comments about tree planting in England lagging behind the rest of the UK. In 2019, more than 80% of the UK’s tree plantings were delivered by Scotland. I urge the Government to listen to colleagues on these Benches and get a move on.

Distant Fleet Fishing: Kirkella Trawler

Nigel Evans Excerpts

Thursday 27th May 2021 Commons Chamber

[Emma Hardy]

Absolutely—any quota that the British Government secure should be there to benefit everybody.

We have lost jobs, markets and investment. Those are the results in my constituency, and across the country, of the Government’s inability to land a deal with their neighbours. UK Fisheries and the Kirkella acquired the failing interests of the last of the UK’s distant water fleet two decades ago. It amalgamated those investments in Hull, made Hull the Kirkella’s home port and established its headquarters down the road near the Humber bridge. It invested more than £180 billion in the business, and until now was able to safeguard the livelihoods of hundreds of crew, staff and their families. Not only that, the Kirkella’s owners had earmarked another £100 million in future investment in the hope and expectation of new or better fishing opportunities, promised by the Government after Brexit, as the UK took its place on the international stage as an independent coastal state.

Now, as a direct consequence of these negotiations, there will be no new investment or new jobs in the Humber area. Worse, all the existing jobs will soon be gone. Again, the crew and their families across the Humber region have every right to ask why. This is why: because when push came to shove the Government failed to strike a single agreement with any of the friendly partner economies, despite the almost total reliance of those states on the UK as an export market for their main fisheries products—cod, haddock, salmon and prawns.

There is, of course, a human impact too. There is one Hull resident I would like to mention. His name is Charles Waddy, and he will not mind me saying that he is in his 60s or that he started working in Hull’s distant water fleet 47 years ago. Charlie’s dad was a fisherman too and, as any fisherman will tell us, it is more than a profession; it is a way of life that runs through generations. Charlie’s dad was lost at sea in 1961 along with four others when the Arctic Viking sank off Flamborough Head in heavy seas—brave men who gave their lives bringing home fish to feed the nation. Charlie was there during the cod wars, which marked the beginning of the decline of the distant water fleet. He devoted his life to distant water fishing, and today he is first mate on the Kirkella—a job with great responsibility, and that he loves.

However, Charlie Waddy has no idea whether he will still have a job in three months’ time. Nor do any of the other crew members who rely on the Kirkella and her continued ability to fish in sub-Arctic waters. UK Fisheries has just announced the sale of one of its boats to Greenland—Norma Mary—in order to keep Kirkella viable. That means that 25 UK crew are now without jobs. Those are not just abstract statistics; they are real people, real jobs and real families who are suffering now. These fishermen are part of the lifeblood of this great maritime nation of ours.

The Secretary of State might say, in fact he has said, that the owners of the Kirkella are foreign and therefore deserve no special treatment, but UK Fisheries is no more foreign than Jaguar Land Rover, Newcastle Brown Ale or Tetley Tea. The jobs and investment that it provides are of true economic benefit to the UK, and support hundreds of families in and around Hull and the broader north-east. All the fish that it catches are sold in British chippies. The crew are almost entirely British. They, and the company that employs them, pay their taxes here in the UK.

In short, UK Fisheries is the perfect example of the sort of inward investment that this country is seeking in its much trumpeted global Britain; yet the Secretary of State has hung it out to dry. As one of the first moves in the UK’s new trading relationship with the world, that sends entirely the wrong message to those considering investing foreign capital in our industries. It will send them looking for other more appreciative and more secure homes for their money.

The Secretary of State will say that in seeking deals with our neighbours, he is looking for the best balanced deal for the entire UK fleet. If the current situation is balanced, that is only because it is almost equally damaging to everybody. It is difficult to see how no deal with Norway, Greenland or the Faroes benefits any part of the UK fleet. It has removed the distant water fleet’s ability to catch off the coast of Norway and has prevented Scottish and English whitefish fleets from catching in southern Norway. Perhaps the Secretary of State will tell the House exactly which part of the UK fleet gains from no deal and how, on balance, that is a good deal for the rest of the fleet.

The Minister may say that the mackerel and herring that the Norwegians have until recently caught in our waters is a valuable resource to the Scottish fleet. She may be right, but that fleet is already the biggest, and perhaps only, winner from Brexit and makes up only a modest part of the UK fleet as a whole. Does she understand that the mackerel and herring that the Norwegians would like to continue catching in UK waters form part of their own North sea quotas and that they will simply catch them as younger stock in their own waters? That will not only be less sustainable for the whole North sea stock, but damage the UK’s share of that stock. Where is she getting her advice?

The Secretary of State or the Minister may also say that there is still some cod to be caught off Svalbard. That may be true, but it amounts to just 5,500 tonnes, about a third of what the UK would be entitled to catch in Norwegian waters alone if it had not left the EU. Combined with the UK’s total Arctic cod catches from Svalbard in the Norwegian zone, that would have been approximately 20,000 tonnes. Five thousand tonnes will not provide long-term employment for anyone in the Humber region. They might say that that is just fine, because next year there will be different negotiations—but those negotiations start in earnest in only three or four months’ time, as the Minister told me in a meeting this week. What will she do next year that she did not do this year? What assurances does she have for Charlie Waddy and his shipmates that next year will be any different?

The Government’s track record in the area is far from encouraging. They made grand promises to the UK fishing industry, but I am sad to say that they have reneged on them both: they have failed the entire UK fleet in negotiations with the EU and are now set to preside over the end of our distant water fleet. It is a sorry state of affairs when the fleet that once fed this country through two world wars is finally sunk—not by enemy action, but by the decision, or perhaps indecision, of this Government. If the Secretary of State is not on the side of the fishermen who put their trust in him, whose side is he on? Right now, no reasonable person could say that it is the fishermen’s.

I make this plea to the Minister and the Secretary of State on behalf of my constituents. Will the Secretary of State personally reach out to his opposite number in Norway tomorrow to look for ways to strike a deal as soon as humanly possible, so that people like Charles Waddy can be confident that they will have a job in three months’ time and so that much-needed investment will find its way to Hull—or will he continue to sit back and watch this once proud industry slip below the water for good?

[Mr Deputy Speaker (Mr Nigel Evans)]

Karl Turner has sought and received from the mover of the debate, Emma Hardy, and from the Minister responding, Victoria Prentis, permission to make a short contribution. I have been informed, as per the rules.

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[Victoria Prentis]

I do not recognise the picture of the jobs situation that has been painted by the two representatives from Hull. I do not recognise the hon. Lady’s figures. I have been briefed that all the crew are self-employed share fishermen. We think that about 30 to 34 crew are being employed on the Kirkella. As I said earlier, there are still significant fishing opportunities for the Kirkella this year in Svalbard, and we will continue to work hard to make a deal for fishing opportunities next year.

Moving to another point that the hon. Lady raised, the majority of raw materials used in processing in Humberside are sourced from imports, as they long have been. We are seeing significant investment in the seafood sector in the region. Young’s, for example, is currently running a recruitment campaign for 400 people, which is a great indicator of how the hub in the region is doing. I am not suggesting that every crew person transfers into processing jobs; I am merely trying to explain that there are good jobs in the seafood sector in the region, and that we are really pleased to support those where we can.

On a good news note, we have noticed a significant uplift in retail sales of seafood recently. The Government are working closely with bodies such as Seafish to ensure that the British public continue to develop their appetite for British fish. I want to see continued growth in this industry and more fantastic UK seafood being enjoyed by the British public.

This has been a period of considerable change for the fishing world and the wider sector, including for processes and hospitality. In its response to the covid pandemic, the sector has demonstrated again and again how resilient and adaptable it can be. Adjusting to our position as an independent coastal state is also challenging, but I am confident that, as we continue to work with other neighbouring coastal states, there is a bright and environmentally sustainable future for British fishing.

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I put the question, let me thank all staff of the House for the incredible work that they have put in. I hope that they have an enjoyable May week’s recess.

Question put and agreed to.

Covid-19: Zoos and Aquariums

Nigel Evans Excerpts

Monday 8th February 2021 Commons Chamber

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

I thank the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy) for securing this important debate. She is right to be proud of The Deep. It is the largest aquarium in the UK and an international player in marine conservation. It was lovely to hear more about some of the animals and other creatures for which it cares so well, and to hear the passion with which the hon. Lady spoke about them.

I also thank hon. Members from across the House for their extensive engagement with the Department for Environment, Food and Rural Affairs on zoos and aquariums since the outbreak of the pandemic. The hon. Lady will remember—as may you, Mr Deputy Speaker —that the last Adjournment debate on this subject went on for some three hours. I do not know that this one will, but I single out two hon. Members who would like to be with us: my hon. Friend the Member for Romford (Andrew Rosindell), already referred to, who chairs the all-party parliamentary group; and my hon. Friend the Member for South West Bedfordshire (Andrew Selous), who has the honour to represent Whipsnade and has made a lot of the running in this area.

I thank the zoos, aquariums and wildlife sanctuaries that have worked so hard to ensure the welfare of the animals in their care. Zoos, as we have heard, contribute to conservation and education, helping both to sustain endangered species and to teach us all about animals’ natural habitats. We know, too, how hard zoos have worked to provide well managed covid-secure spaces, when they have been permitted to open. We ensured that the outdoor areas of zoos could open after the first lockdown, and we allowed those areas to remain open in tier 4 before Christmas.

We will continue to press the case for zoos to be allowed to open as it is safe to do so. A great deal of work on the procedure for reopening is under way, and our officials are working very closely with the sector on safe guidance for that. We understand the particular issues of indoor areas, to which the hon. Member for Kingston upon Hull West and Hessle referred.

I reassure the House that Government support schemes remain in place and available for zoos to access. Zoos can apply, and are applying heavily, for furlough, VAT deferral, business rates relief, the business interruption loan schemes, the option to reclaim the costs of statutory sick pay, and ordinary hospitality and leisure grant funding.

In addition, as we heard, we set up the zoo animals fund to help zoos at immediate risk and to prevent the unnecessary euthanasia of animals. The priority of the fund is to ensure that animal welfare is maintained. This fund, together with its predecessor, the zoo support fund, has supported a wide variety of zoos, both large and small. We are continually keeping the fund under review, and it is fair to say that we have already made significant changes to it. We now allow claims not just for feeding livestock but for maintenance and repair, for example, and we have extended the fund to run until the end of the month to allow for the impacts of the latest lockdown. We now also allow zoos to claim when they have reached their last 12 weeks of reserves, and they can start the application at any point in the run-up to that period. I would strongly encourage zoos to apply to the fund .

I am aware that The Deep is in conversation with my officials, and I know that it has furloughed staff and tried hard to reduce its running costs. I am also aware that it has received a substantial loan from the coronavirus business interruption loan scheme. I have talked to Lord Goldsmith, who leads on this policy area, about this again today, and we will continue to monitor the effectiveness of the fund with a view to ensuring that it is meeting its aims. We have already made changes to the zoos fund in order to move flexibly and adapt to the changing circumstances of the pandemic. I know that Lord Goldsmith will be following this debate with interest, and he has asked me to reassure the hon. Lady and the House that the fund is very much being kept under active review. I can assure the House that the Government fully appreciate the value of well-managed zoos to society, and I am very much looking forward to the day when they are able to open again and we can all visit them.

[Mr Deputy Speaker (Mr Nigel Evans)]

Me included.

Question put and agreed to.

Environment Bill

Nigel Evans Excerpts

Report stage & Report stage: House of Commons
Tuesday 26th January 2021 Commons Chamber

Consideration of Bill, as amended in the Public Bill Committee

[Mr Deputy Speaker (Mr Nigel Evans)]

After Caroline Lucas, there will be a four-minute time limit on Back-Bench contributions.

New Clause 1

Environmental Principles: Public Authorities

‘(1) A public authority, must, when exercising their functions (including the making of policy and legislation), act in accordance with the environmental principles currently in effect.

(2) The duty in subsection (1) does not apply to policy relating to Wales.

(3) In this section, “legislation” means—

(a) an Act of Parliament; and

(b) subordinate legislation.’—(Caroline Lucas.)

This new clause would require public authorities to act in accordance with environmental principles when exercising their functions.

Brought up, and read the First time.

[Caroline Lucas (Brighton, Pavilion) (Green) [V]]

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

[Mr Deputy Speaker]

With this it will be convenient to discuss the following:

New clause 5—State of nature target—

‘(1) It is the duty of the Secretary of State to set a target to halt and begin to reverse the decline in the state of nature in England as soon as reasonably practicable and no later than 2030.

(2) The target in subsection (1) shall be known as the state of nature target.

(3) The Secretary of State must ensure that the state of nature target is met.

(4) A draft statutory instrument containing regulations that make provision for how progress toward the state of nature target will be measured must be laid before Parliament at least one month before the fifteenth Conference of the Parties to the Convention on Biological Diversity.

(5) Before laying before Parliament a draft of a statutory instrument under this section, the Secretary of State must obtain, publish and take into account the advice of relevant experts, including—

(a) The Environment Agency;

(b) Natural England;

(c) The Office for Environment Protection; and

(d) The Joint Nature Conservation Committee.

(6) In this section—

(a) the abundance and distribution of species;

(b) the risk of extinction; and

(c) the extent and condition of priority habitats.’

This new clause would place a duty on the Secretary of State to set and meet a target to begin to reverse the loss of biodiversity in England no later than 2030. This timetable would align with the new Convention on Biological Diversity goals that are due to be agreed in 2021.

New clause 9—Environmental objective and commitments—

‘(1) In interpreting and applying this Act, any party with duties, responsibilities, obligations or discretions under or relating to it must comply with—

(a) the environmental objective in subsection (2); and

(b) the commitments in subsection (3).

(2) The environmental objective is to achieve and maintain—

(a) a healthy, resilient and biodiverse natural environment;

(b) an environment that supports human health and well-being for everyone; and

(c) sustainable use of resources.

(3) The commitments are—

(a) all commitments given by Her Majesty’s Government in the United Nations Leaders’ Pledge for Nature of 28 September 2020, including, but not limited to, the urgent actions committed to be taken by it over the period of ten years from the date of that pledge;

(b) any enhanced commitments given by Her Majesty’s Government pursuant to that pledge, any other pledge, and any international agreement; and

(c) all relevant domestic legislation, including, but not limited to, the Climate Change Act 2008, as amended from time to time.

(4) Without prejudice to the generality of the requirement in subsection (1), that requirement applies to—

(a) the Secretary of State in setting, amending and ensuring compliance with the environmental targets; preparing, amending and implementing environmental improvement plans; and performing all their obligations and exercising all their discretions under this Act;

(b) the Office for Environmental Protection and the Upper Tribunal in performing their respective obligations and exercising any applicable discretions; and

(c) all other persons and bodies with obligations and discretions under, or in connection with, the subject matter of this Act.’

New clause 11—Environmental targets: plastic pollution—

‘(1) The Secretary of State must by regulations set targets (“the plastics reduction targets”) in respect of the reduction of plastic pollution and to reduce the volume of non-essential single-use plastic products sold.

(2) The plastics reduction targets may, but need not, be long-term.

(3) The duty in subsection (1) is in addition to (and does not discharge) the duty in section 1(2) to set a long-term target in relation to resource efficiency and waste reduction.

(4) Section 1(4) to (9) applies to the plastics reduction targets and to regulations under this section as it applies to targets set under section 1 and to regulations under that section.

(5) In this section—

(a) the term “plastics pollution” means the introduction of plastic materials or plastic-containing products into the environment, and

(b) the term “non-essential single-use plastic products” means products intended to be used once then disposed of where their use is not essential for medical, environmental, health and safety, national security or other essential purposes as defined by the Secretary of State.’

This new clause would require the Secretary of State to set targets to reduce plastic pollution and reduce the volume of non-essential single-use plastic products sold.

New clause 14—OEP function to consider housing targets—

‘(1) The OEP will have the power to consider appeals on housing targets set by public authorities in England.

(2) An individual affected by the targets in subsection (1) will have the right of appeal to the OEP.

(3) In determining an appeal under subsection (1) the OEP may either—

(a) reject; or

(b) reduce the housing target set by the public authority.

(4) In dealing with the appeal set out in subsection (1) the OEP must have regard to the impacts the housing targets will have on compliance with the UK’s environmental targets.’

New clause 15—Net zero carbon target as condition of planning permission—

‘(1) The Town and Country Planning Act 1990 is amended as set out in section (2).

(2) After section 70(2), insert—

“(2A) Any grants of planning permission for residential development in England must be subject to a condition to secure that a net zero-carbon target objective during construction and ongoing occupation of the building is achieved.”’

New clause 17—Strategy for new economic goals to deliver environmental protection and societal wellbeing—

‘(1) Her Majesty’s Government must prepare a strategy for the adoption of new economic goals to deliver environmental protection and societal wellbeing.

(2) “Environmental protection” in subsection (1) means the protection of humans and the natural environment from the impacts of human activity as defined in Clause 44.

(3) The new economic goals must address—

(a) the environmental targets in this Act,

(b) the Climate Change Act 2008,

(c) the UK’s commitments under international environmental agreements, laws and treaties,

(d) the wellbeing of future generations,

(e) the overseas environmental impacts of UK consumption and economic activity, and

(f) the contribution of the UK’s consumption and production to the state of the global environment, in relation to nine planetary boundaries—

(i) Stratospheric ozone depletion,

(ii) Loss of biosphere integrity (biodiversity loss and extinctions),

(iii) Chemical pollution and the release of novel entities,

(iv) Climate change,

(v) Ocean acidification,

(vi) Freshwater consumption and the global hydrological cycle,

(vii) Land system change,

(viii) Nitrogen and phosphorus flows to the biosphere and oceans, and

(ix) Atmospheric aerosol loading.

(4) The strategy must—

(a) set out how the new economic goals will replace growth in gross domestic product as the principal measure of national economic progress,

(b) set out a vision for how the economy can be designed to serve the wellbeing of humans and protect the natural environment,

(c) include a set of indicators for each new economic goal, and

(d) set out plans for the application of new economic goals and indicators to central and local government decision-making processes including but not limited to Central Government Guidance on Appraisal and Evaluation produced by HM Treasury (The Green Book).

(5) In drawing up the strategy, Her Majesty’s Government must obtain, publish and take into account the advice of—

(a) experts in the field of ecological economics,

(b) a nationally representative citizens assembly,

(c) trades unions,

(d) businesses,

(e) statutory agencies,

(f) representatives of local and regional government, and

(g) any persons the Secretary of State considers to be independent and to have relevant expertise.

(6) The strategy must be laid before Parliament within 12 months of this Act receiving Royal Assent.

(7) The Government must lay before Parliament an annual report on progress towards meeting the new economic goals and their efficacy in delivering environmental protection and societal wellbeing.

(8) A Minister of the Crown must, not later than one month after the report has been laid before Parliament, move a Motion in the House of Commons in relation to that report.’

This new clause requires the Government to prepare a strategy for the adoption of new economic goals that are designed to deliver environmental protection and societal wellbeing and to report annually on these goals.

Amendment 21, in clause 1, page 2, line 4, at end insert—

‘(e) Public access to and enjoyment of the natural environment.’

This amendment is designed to require the Government to set legally-binding, long-term targets to increase public access to, and enjoyment of the natural environment.

Amendment 40, page 2, line 20, at end insert—

‘(10) In setting a target, the Secretary of State must take into account any targets set by Senedd Cymru.

(11) If the UK Government seeks to spend funds from the Shared Prosperity Fund on infrastructure in Wales, an impact assessment must be carried out and published on the effect of the infrastructure project on the target set by Senedd Cymru.

(12) If the impact assessment under subsection (11) finds that the infrastructure project would have a negative effect on the achievement of the target set by Senedd Cymru, the Secretary of State must seek and receive the consent of Senedd Cymru to that infrastructure spending.’

This amendment would ensure that the consent of Senedd Cyrmu would be required before the UK Government could use the financial assistance powers in the UK Internal Market Bill to spend via the Shared Prosperity Fund on infrastructure projects in Wales which would undermine environmental targets set by Senedd Cymru.

Amendment 2, in clause 2, page 2, line 24, leave out subsection (2) and insert—

‘(2) The PM2.5 air quality target must—

(a) be less than or equal to air quality guidelines established by the World Health Organization in 2005; and

(b) have an attainment deadline on or before 1 January 2030.’

This amendment is intended to set parameters on the face of the Bill to ensure that the PM2.5 target will be at least as strict as the 2005 WHO guidelines, with an attainment deadline of 2030 at the latest.

Amendment 25, page 2, line 24, leave out subsection (2) and insert—

‘(2) The PM2.5 air quality target must—

(a) be less than or equal to 10µg/m3;

(b) follow World Health Organisation guidelines; and

(c) have an attainment deadline on or before 1 January 2030.’

This amendment is intended to set parameters on the face of the Bill to ensure that the PM2.5 target will be at least as strict as the 2005 WHO guidelines, with an attainment deadline of 2030 at the latest.

Amendment 5, in clause 4, page 3, line 31, at end insert

‘, and

(c) interim targets are met.’

This amendment places a duty on the Secretary of State to meet the interim targets they set.

Government amendment 6.

Amendment 28, in clause 7, page 5, line 12, leave out “may” and insert “must”

This amendment would require the Government to include steps to improve people’s enjoyment of the natural environment in its Environmental Plan.

Amendment 39, page 5, line 21, at end insert—

‘(7A) If an exemption is granted under Article 53 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council, concerning the placing of plant protection products on the market, which is likely to affect species covered by an environmental improvement plan—

(a) a report must be laid before Parliament within one month of the exemption decision on the likely effects of the exemption on populations of—

(i) bees,

(ii) other pollinators, and

(iii) other species,

(b) the scientific advice given to ministers relating to the exemption must be published as an addendum to the report, and

(c) a Minister of the Crown must, not later than one month after the report is laid before Parliament under paragraph (8), move a Motion in the House of Commons in relation to the report.

(7B) The requirement in subsection (7A) shall apply retrospectively to exemptions granted within the last 12 months of the coming into force of this Act.’

This amendment places requirements on Ministers to allow parliamentary scrutiny of exemptions granted to allow plant protection products banned under retained EU law (such as neonicotinoid pesticides), where they are likely to impact bees and other species covered by an environmental improvement plan.

Amendment 4, in clause 16, page 10, line 15, at end insert—

‘(3A) When applying the precautionary principle, the policy statement must comply with the provisions of the regulator’s code and must include—

(a) a procedure for identifying and recording risk; and

(b) a procedure for identifying and recording the social, economic and cultural impacts of action and inaction.

(3B) The policy statement in subsection (3A) must also include instructions for taking into account all activities with an environmental impact on any area of land under consideration and a procedure for ensuring that any action taken—

(a) is proportionate to the risk posed by each activity on the land being considered; and

(b) balances short term impacts against the achievement of the land’s conservation objectives.

(3C) The precautionary principle should only apply in response to risks that are—

(a) more than hypothetical in nature; and

(b) serious and irreversible.’

This amendment sets out the definition of the precautionary principle when it is used in accordance with the provisions of this Bill.

Amendment 1, in clause 18, page 11, line 20, leave out from “benefit” to end of clause and insert—

‘(3) Subsection (1) does not apply to policy so far as relating to Wales.’

This amendment removes the proportionality limitation and the exceptions for armed forces, defence policy, tax, spending and resources from the requirement to have due regard to the policy statement on environmental principles.

Amendment 43, page 11, line 24, leave out paragraphs (b) and (c).

This amendment removes the exceptions for armed forces, defence and national security policy from the requirement to have due regard to the policy statement on environmental principles. It also removes the exceptions for tax, spending and allocation of resources.

Amendment 23, page 14, line 29, leave out Clause 24.

Government amendment 31.

Amendment 44, in clause 45, page 27, line 15, leave out paragraphs (b) and (c).

This amendment removes the exceptions for armed forces, defence and national security policy and the exceptions for tax, spending and allocation of resources from the definition of environmental law.

Government amendments 9 to 20.

[Caroline Lucas]

I am pleased to move new clause 1. This Bill could not be more important. It is 25 years since the last dedicated Environment Act was passed. During that time, the speed and scale of environmental destruction has increased dramatically. The UK is now one of the most nature-depleted countries in the world, and Ministers simply are not rising to that challenge. According to the Royal Society for the Protection of Birds, the Government are failing to meet fully 17 out of 20 UN biodiversity targets.

Despite the Government’s aim to be

“the first generation to leave the environment in a better state than we inherited it”,

this Bill has languished in Parliament for more than 200 days before Committee resumed. As a consequence, there is now a governance gap, with only interim measures in place where a fully-fledged Office for Environmental Protection should have been. Worse, we now hear that the Bill is to be delayed by at least six months, because Ministers have apparently run out of time to pass it in Parliament.

Of course we understand the pressures that covid has put on the parliamentary timetable, but the Government have had more than four years since the referendum, two years since the draft Bill was published and one year since the UK left the EU to get these plans in place. Their failure to do so is utterly incompetent. Will the Minister give us a precise date for both the next Report stage and the missing policy statement that is linked to the environmental principles? It is to those principles that I now turn, because my new clause 1 and amendment 1 are on the environmental principles, and I plan to push new clause 1 to a vote.

Ministers promised that, post Brexit, environmental standards would be not only maintained but enhanced, yet this Bill does not even come close to making up for what we have lost by leaving the EU. It sets out five important principles, including prevention, precaution and polluter pays. Under EU law, it is a requirement that those are actually applied when law making and that they cover all public bodies, not just Ministers. However, the Bill significantly weakens their legal status because they do not apply to public bodies, and there is no such duty on Ministers to act in accordance with the principles. Instead, there is only a duty to “have due regard” to a policy statement that the Government have not even bothered to published yet.

The Minister has tried to persuade us that “due regard” is at least as strong as “in accordance with”, yet her case simply does not stand up to scrutiny. In 2018, the Lords Select Committee on the Natural Environment and Rural Communities Act 2006 found that the duty to “have regard” to contained in that Act was

“weak, unenforceable and lacks clear meaning.”

Adding the word “due” in front of “regard” does not change that. There are plenty of examples of other legislation in which public authorities are required by statute to act in accordance with or to take actions to comply with—for example, the Marine Strategy Regulations 2010 or the Planning Act 2008.

We can only conclude that, in this instance, the Government deliberately intend to weaken these provisions and, as a consequence, to drive a coach and horses through fundamental EU protections. New clause 1 would extend the duty to all public authorities and broaden the scope of the principles. Crucially, it would strengthen the duty from “have due regard” to “act in accordance with”, and it would apply directly to the principles, rather than a non-existent policy statement.

Amendment 1 addresses further absurdities in the Bill—in this case, the exclusion of the Ministry of Defence, the Treasury, and indeed anyone spending resources within Government, from having to consider the principles at all. That really is ludicrous. My amendment therefore removes the proportionality limitation from the environmental principles, as well as the exclusions for the MOD and the Treasury.

New clause 17 is vital because it recognises that even if we do succeed in strengthening this Bill, efforts to protect and restore nature will ultimately fail unless we also address the underlying economic drivers of biodiversity and ecosystem destruction. The new clause therefore requires the Government to prepare a strategy for the adoption of new economic goals so that social and environmental gains sit at the heart of the Government’s economic plans and measurements. If we stick with the current economic rulebook, we will continue to see the hard work of DEFRA undermined by the overriding short-term economic priorities of the Treasury, and above all the pursuit of infinite GDP growth on a planet of finite resources. For decades, we have seen Ministers commit to environmental goals and targets only for those goals to be missed time and again. Nature’s dangerous decline continues apace, at a high cost to current and future generations. This time we need to do things differently. Some major business voices are also urging Government to do the same. Consider this from the Business for Nature coalition, which says:

“Governments, companies and financial organizations would take better decisions if they used information ‘beyond short-term profit and GDP’ that includes impacts and dependencies on nature, as well as synergies and trade-offs informed by science and planetary boundaries.”

New clause 17 is all about better, more consistent decision making across Government so that the environmental ambition in this Bill is not undermined by conflicting goals of other, more powerful Departments. While I will not be pressing it to a vote, I do hope that the Minister will commit to taking this forward with the urgency it requires.

Turning to amendment 21, green space has become more important than ever over the past 10 months, yet access to nature is far from equal. My amendment seeks to address that. Some 2.6 million people in the UK have no publicly accessible green space within walking distance, and one in eight British households has no access to a garden—an inequality that disproportionately affects those in black and minority ethnic communities. Currently the Bill states:

The Secretary of State may…set long-term targets”

on

“people’s enjoyment of the natural environment.”

However, because this is not a priority area, it risks being overlooked, with funding and resources being diverted elsewhere. My amendment remedies this omission by promoting access to and enjoyment of nature as a priority area for long-term targets. This change not only has the potential to equalise access to nature but would also come with wider benefits to physical and mental health.

Finally, I would like to indicate support for a number of other amendments, including amendment 23 on the Office for Environmental Protection. When it comes to enforcement, the OEP is being presented as a new, independent watchdog. In reality, it is more like a ministerial lapdog kept on a tight leash, with Ministers given the power to steer it by offering so-called guidance that the OEP is bound to consider. Since Ministers also control its budget and its board, it is entirely likely that such guidance will actually be felt, in practice, rather more as an instruction. The Minister has argued that the Government already routinely offer guidance to other non-departmental public bodies. While it is true that they do to some, they certainly do not have power to issue guidance in relation to bodies charged principally or partly with enforcing potential breaches of the law by other public bodies. That is a crucial difference. That is why I support the amendment that would delete this guidance, which was added to the Bill at a very late stage.

I also support amendments that intend to ensure that interim targets are legally binding. There are strong amendments to improve air quality, and to align our state of nature targets with those from the convention on biological diversity and with the objectives of the Climate and Ecological Emergency Bill, which I introduced into Parliament last year.

This is a hugely important Bill. It is unbelievable that we are seeing, yet again, a delay to its coming forward. The Minister must now undertake that in the extra time she is going to achieve, she will strengthen the Bill to make it fit for purpose so that it comes close to some of the aspirations that she and her fellow Ministers have expressed before.

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I call the Minister, let me say that, as I have indicated, there is a four-minute limit on Back-Bench contributions. The vast majority of contributions will be via videolink. Can I say to those who are contributing via videolink that there is a clock on the device you are using, so please keep an eye on it? There are no interventions on you, so it should be straightforward as to when you finish your contribution. If you try to exceed that time, you will be automatically cut off. For those contributing in the Chamber, the clocks will be working in the usual fashion.

--- Later in debate ---

Labour will also be supporting amendments from my right hon. Friend the Member for Leeds Central (Hilary Benn) on the state of nature and the hon. Member for Brighton, Pavilion (Caroline Lucas), with whom we have common cause in the climate and ecological emergency. The Bill does not do enough, and neither is it fast enough. I genuinely want us to build back better, but if the Bill was insufficient before the pandemic, it is wholly inadequate now that the pandemic’s horrors have been laid bare. I encourage the House of Lords to get the Bill to where it should be, and I urge Members of this House to put our planet, our precious habitats and our vulnerable species first and to vote for the amendments.

[Mr Deputy Speaker (Mr Nigel Evans)]

With a four-minute limit, I call Neil Parish via video link.

[Neil Parish (Tiverton and Honiton) (Con) [V]]

I thank DEFRA Ministers for their hard work on the Bill.

The Environment, Food and Rural Affairs Committee has looked at the Environment Bill over the past few years. We have given it pre-legislative scrutiny and looked at the Office for Environmental Protection and issues such as plastic waste, tree planting and air quality. The Bill has come back to Parliament in several shapes and sizes, and I think that might be about to happen again. I hope that the Government are carrying over the Bill to the next Session because they want to amend it to include all my amendments on deforestation and air quality.

The Amazon is losing an area twice the size of Devon every year to deforestation. Government amendments to ban sales from illegal deforestation go some way, but we can go further still and target the finance behind that. I will speak about air quality in the second debate today; there is an environmental and public health emergency that needs swift action. I appreciate the Government’s argument that we need more time to do work on the science, but we have known about the seriousness of the situation for many years, so it cannot be put off much longer.

We also need to ensure that the Bill comes back quickly in the summer, because we currently have an environmental governance gap. The Government and public authorities are not being adequately held to account over their compliance with environmental law, and it is not the best look. The court of public opinion is ultimately our judge, so I gently suggest that the Bill should be brought back immediately in the next Session to demonstrate its importance.

Now that we are outside the EU, we do not have the Commission to fine us and hold us to account. We are rating ourselves and we need a strong protection in domestic law in this Environment Bill. We also need a strong Office for Environmental Protection, and I welcome the appointment of Dame Glenys Stacey as chairman of the OEP. Through this process, I have called for the chair to have independence from Government. Dame Glenys Stacey’s track record as an effective regulator through using both carrot and stick to hold public bodies to account means I have faith in her achieving that independence, but in common with other Government agencies the OEP needs resources and teeth to bite. The OEP will not be independent if it is constantly worrying about its budget. The Government and Ministers have excellent environmental credentials and I do not think they will water down protection in any way, but we need to act more quickly and should be a little bit braver when it comes to scrutiny.

We also have a duty now to set the right environmental laws and framework for the future Governments and generations. The Prime Minister is taking up the green recovery and DEFRA Ministers also believe in a better environment, as do many in this House and across the country. We are fortunate to be hosting COP26 later this year; it is an exciting time for environmental policy in this country. Outside the EU we have a real opportunity do better and show global leadership on issues of global importance; whether in air quality, water quality, soil health, tree planting, plastic waste or species protection, we should be ambitious with our environment policy.

This Environment Bill is a landmark Bill and the Government have put great effort into it over several years. With a few more tweaks and a firm commitment to bring the Bill back early in the next Session we can set a great example to the rest of the world and have a modern Environment Act of which we can all be proud.

[Mr Deputy Speaker (Mr Nigel Evans)]

We now go to a video link, and it is a Front-Bench contribution from Deirdre Brock; happy Australia Day, Deirdre.

[Deidre Brock (Edinburgh North and Leith) (SNP) [V]]

Thank you very much, Mr Deputy Speaker.

I shall speak to Scottish National party amendments 43 and 44. This Bill concerns England in the main; most of these policy areas are devolved and Scotland has its own environmental legislation, which, frankly, is light years ahead. This Bill has made its way rather painfully through the process, and it has seemed for far too much of that time that it was more about the UK Government trying to hide the fact that they have no real environmental ambition to speak of.

Only a few months after stepping in to overturn a council’s planning permission for an opencast mine, the Government have chosen to stay out of the planning process for a deep coalmine near Whitehaven in Cumbria. Less trusting folk than me have suggested that that might have something to do with what happened in that constituency in December 2019, but such cynicism is surely unfounded.

The UK has made little or no progress in tackling the really big-ticket items—carbon emissions, air and water pollution, tree planting, and so on. In fact, one of the area’s explicitly excluded from this Bill, the military, is one of the worst offenders. I have talked at great length about the environmental impacts that we know of, particularly the historical dumping of unwanted explosives, ammunition, ordnance, radioactive waste and so on into the sea, and we know that the area around Beaufort’s Dyke between Scotland and Ireland has millions of tonnes of unsavoury stuff littering the sea floor, but we do not know what is down there, because the dump records have been mislaid and the Ministry of Defence appears to have no intention of seeking to clean it up.

Similarly, I have been told that the MOD has done environmental impact studies on its land estates, but they have not been shared. There was a report in May, however, by Scientists for Global Responsibility, which found that the carbon footprint of British military spending was around 11 million tonnes of CO₂-equivalent, some of it relating to arms exports but most of it from MOD operations.

That is not all: not one single nuclear submarine has been dismantled since the first one was decommissioned more than 40 years ago; four decades on and the UK has more redundant nuclear subs in storage than it has in use. I should add, too, the hundreds of nuclear safety breaches at the naval bases on the Clyde that I discovered through written questions, which are interestingly not matched by similar figures elsewhere.

It is clear that the environmental impact of military operations is more than substantial, even if it is not officially acknowledged. I would have thought that any Government who wanted to—in the Prime Minister’s words—

“do extraordinary things on the environment”

would want to do something about that, so I assume that it was an error that led someone in Government to exempt defence, national security and the armed forces from the requirement to have due regard to the policy statement on environmental provisions, and from any consideration of environmental issues on tax, spending and allocation of resources.

I raised this issue in Committee, so Ministers have had plenty of time to consider it, and they should consider reversing their position. The procedural oddities of this place will not allow for everything to be considered, so this issue has taken a back seat for the moment to allow Labour’s amendment on neonicotinoids to be voted on. That is a devolved issue and treated differently in Scotland, but it is of course important for England.

We have 10 months until COP26 takes place in Glasgow —pandemics permitting—and the UK Government really have to step up to the plate and start showing some real leadership. Talking about it is not enough. Painting the fence green is not enough. The Government actually have to become green, become environmentally friendly, and work for the future of the planet and of the human race. In the past year, we have seen how a virus can disrupt our world, but that would be nothing compared to the devastation that the climate crisis threatens. We all have a role to play in addressing that challenge, but there is little point in individual households doing what they can while the Government fail to do what they are capable of.

I think that this Bill will go down as a missed opportunity, but that does not mean that the Government are powerless to act. I look forward to a change in priorities and a move to action. This is not a time to delay, defer and dissemble; it is a time to move forward purposefully. The question for the Government is not whether they win or lose their battles today, but whether they really decide to lead over the next year and the coming years.

[Mr Deputy Speaker (Mr Nigel Evans)]

The four-minute limit is now imposed again for all further Back-Bench contributions.

[Sir Geoffrey Clifton-Brown (The Cotswolds) (Con) [V]]

I will speak to my amendment 4. The precautionary principle is a whole new way for the Government to legislate on environmental matters which can be applied to a huge range of environmental principles. It could be used in the extreme—for example, to introduce policies such as stopping people from driving motor cars on the basis that they damage the environment. In an increasingly legislative field, my amendment is so important in ensuring that the Government can clearly define the purposes for use of the precautionary principle, beyond those in the mere principles statements outlined in clauses 16 to 18.

The Minister said in a letter to me this morning: “I can confirm that Ministers of the Crown are only required to have due regard to the policy statement when making policy by virtue of clause 18(1). The environmental principles duty is not designed to apply to individual decisions or other public bodies.” In other words, the statement of principles is pretty nearly toothless.

My amendment would clearly constrain when and where the precautionary principle can be used. I ask the Minister, when she sums up, to go further than just going into the principles; I ask her to include some of my amendment in the Bill. A particularly important part is subsection (3C), which says:

“The precautionary principle should only apply in response to risks that are…more than hypothetical in nature; and…serious and irreversible.”

I cannot see any reason at all why that should not be in the Bill. If the Minister is not inclined to include it, I hope that their lordships will pick it up when the Bill goes to the House of Lords.

The precautionary principle is not consistently applied to different activity; it is frequently used to constrain certain activities where any impacts are deemed to be unacceptable. For example, Natural England is currently seeking to restrict game shooting around European protected sites. Due to evidence of damage in only five—a mere 1.5% of all sites—it wants to introduce a licensing system.

In summing up, can the Minister please bear in mind all the constraints that are in my amendments? Otherwise, this principle could well become oppressive to people’s freedom in the future, and we may well rue the day that we put the provision in the Bill. I am looking to the Minister to tell me why some or all of my constraints cannot be included in the Bill, because that is where they should be. The statement of principles, as written in the Bill, is pretty nearly toothless, and the precautionary principle gives the Minister, or any future Minister, a huge overwhelming power, which we may well live to regret.

Agricultural Transition Plan

Nigel Evans Excerpts

Monday 30th November 2020 Commons Chamber

[George Eustice]

We will consult on the design of the sustainable farming incentive in the first half of next year.

[Mr Deputy Speaker (Mr Nigel Evans)]

Jacob Young is next on the call sheet, but he is down as both physical and virtual. If he is not going to appear, I shall call Alistair Carmichael.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The Secretary of State has told us that the Scottish Government’s budget for the scheme will be £595 million, which is the budget that they carry over at present. That figure is not going to last forever; by what means will future budgets be fixed? What mechanisms will be used to resolve any disputes? What will happen if the divergent agricultural policies in any part of the United Kingdom, including England, then have a distorting effect on the UK’s internal market?

--- Later in debate ---

[George Eustice]

We will be publishing more papers in the new year on some of the more specific elements of scheme designs, including the voluntary exit scheme, which we mention in the paper today. As I said earlier, in the first six months of next year, we will be consulting on the design of the sustainable farming incentive.

[Mr Deputy Speaker (Mr Nigel Evans)]

Happy St Andrew’s day to all my Scottish friends, wherever you may be. I thank the Secretary of State for his statement and for responding to 39 questions. The House is suspended for three minutes.

Exiting the European Union (Agriculture)

Nigel Evans Excerpts

Monday 23rd November 2020 Commons Chamber

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

I beg to move,

That the draft Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020, which were laid before this House on 19 October, be approved.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this we will take the following motion:

That the draft Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020, which were laid before this House on 19 October, be approved.

[Victoria Prentis]

Both these statutory instruments amend retained EU legislation relating to the common organisation of agricultural markets and domestic secondary legislation relating to that area. The first instrument also makes some provision in respect of organic production that will ensure the operability of retained EU law. I should make it clear that the amendments made by the instruments are technical in nature. They do not introduce new policy but instead maintain continuity as far as possible.

The aim of the instruments is to ensure that the relevant retained EU legislation is fully operable at the end of the transition period. The retained EU legislation was previously made operable to the UK as a whole on the basis that the UK left the EU without an agreement. However, as we have left the EU with the withdrawal agreement in place, the retained legislation now needs to be updated to reflect this—in particular, the terms of the Northern Ireland protocol. As such, the majority of the amendments made by these instruments relate to the implementation of the Northern Ireland protocol. For example, they might remove references to Northern Ireland or replace UK references with Great Britain references, as Northern Ireland will of course remain aligned with the EU under the protocol.

Amendments are also being made to a small number of transitional provisions, either to align them with the Government’s border operating model, which introduces new border controls for the movement of goods between GB and the EU in three stages up to July 2021, or because they were introduced on the basis that the UK would leave without a deal and are therefore no longer required. Those provisions concern the import of hops and hop products, notification requirements for the import of beef and veal from third countries, and marketing requirements for hatching eggs and chicks imported from the EU. All other transitional provisions will be retained, with references to “exit day” replaced with references to “IP completion day”.

As Members are aware, agriculture is a devolved policy area and of great importance to all parts of the UK. Although one of the instruments that we are debating is reserved, we worked closely with the devolved Administrations in producing both instruments, and they have given their consent as necessary.

These statutory instruments will help to provide necessary continuity for stakeholders and beneficiaries. They will ensure that retained EU legislation relating to the common organisation of the markets and organic production functions correctly after the end of the transition period, and that we have an operable legal framework that supports farmers and traders and delivers continuity. I urge Members to agree to the amendments proposed in these regulations.

--- Later in debate ---

[Victoria Prentis]

I thank the hon. Members for Plymouth, Sutton and Devonport (Luke Pollard) and for Gordon (Richard Thomson) for their contributions. They asked a large number of questions, and if I do not answer them all, I apologise; it is merely an oversight, and I am happy to take them up offline outside the Chamber.

On the poultry meat issue, I am always happy to confirm that there is no possibility of chlorine-washed chicken entering our food chain unless this House votes for that to be the case, and I really do not see that happening—do you, Mr Deputy Speaker? As the hon. Member for Plymouth, Sutton and Devonport said, the Secondary Legislation Scrutiny Committee in the other place drew the other place’s attention to the Department’s explanation on poultry meat. I apologise; our explanation did not provide sufficient context on the checks relating to poultry meat marketing standards, and that might have caused concern because it was not sufficiently clear. The reason is that on these particular operational indicators, no third country currently uses the standards, so there is no current need to have an operational enforceable system for checking that they are there. That is the reason that that has not been an issue to date. I assure all Members that although the specific matters are not covered by these regulations, the Government remain absolutely committed to high standards, as we said many times during the passage of the Agriculture Bill.

The difference between the poultry meat transition period, which is 12 months, and the fruit and vegetable transition period, which is two years, is to enable us, in a very pragmatic and practical way, to upgrade our IT systems and recruit the right sort of inspectors to do the checks. We are working closely with the EU Commission on that, and nobody should be afraid of the difference between the two. This is merely a pragmatic and appropriate response to an operational issue.

On Animal and Plant Health Agency inspectors, again I would not read too much into the word “calibre”. These are specialist staff, so of course they have to be of the right type. We are working hard to increase their numbers at the moment.

On border control posts, we have always been clear that following the Northern Ireland protocol there would be an expansion of facilities at some entry points where certain controls already take place. We are very much in touch with the Northern Ireland Minister. Indeed, I spoke to him twice last week and I expect to do so repeatedly in the next few weeks.

On the devolved Administrations, we have worked collaboratively with them on these statutory instruments. We have sought formal agreement from them on areas that intersect with devolved policy.

There are of course many ways of describing our produce. We frequently describe produce as being from Oxfordshire, for example. In brief, we expect to use the different terms GB, UK and UK(NI) following Brexit, but this is a very complicated issue. As we reach the end of the transition period, we will set out far more detail about labelling. There is some context in these statutory instruments, but not a great deal that needs to concern the devolved Administrations at this point on the labelling front. Discussions with the devolved Administrations have confirmed our mutual understanding of the UK’s alignment on marketing standards. They have always been very keen to align them, so we can work the internal market properly following the end of the transition period.

On lessons learned, as I said in my opening remarks the good thing that happened last year is that we have left the EU with the withdrawal agreement and the Northern Ireland protocol in place. The statutory instruments, which were done in something of a hurry at the end of last year, included the whole of the UK instead of carving out Northern Ireland, because the Northern Ireland protocol did not exist at that point. It is true that in the rush to have a functioning statute book for the proposed exit day at the end of last year, mistakes were made and references were missed. I think it is right that we take the opportunity to correct those mistakes wherever possible and that is what we have done.

To end, producers and consumers will be well served by the passing of these statutory instruments. They help to ensure that retained EU legislation, which protects our standards and supports our farming industries, remains operable at the end of the transition period. They are technical, but nevertheless crucial in ensuring the effectiveness and continuity of that retained legislation. I therefore commend them to the House.

Question put and agreed to.

Exiting the European Union (Agriculture)

Resolved,

That the draft Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020, which were laid before this House on 19 October, be approved.—(Victoria Prentis.)

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. The sitting is suspended for three minutes.