Environment Bill

Rebecca Pow Excerpts

Wednesday 20th October 2021 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

I very much echo what my hon. Friend the Member for Vauxhall (Florence Eshalomi) said about air pollution. Earlier, the Chair of the Environment, Food and Rural Affairs Committee, the hon. Member for Tiverton and Honiton (Neil Parish), mentioned that the Mayor of Bristol had spoken of the M32 going right into the heart of the city. It is the border between my constituency and that of my hon. Friend the Member for Bristol West (Thangam Debbonaire). It goes through those inner-city areas, and we know that children living in those areas are particularly at risk.

When we have discussed that in various Select Committees and during the passage of Bills, I have found the Minister’s attempted justification for not adopting the World Health Organisation targets very weak, and I am afraid that the same is true today. Surely people’s right to have a log-burning stove is more than outweighed by the fact that there are 40,000 deaths a year because of air pollution. Surely that is far more important. However, other Members have more than done justice to the need to back the Lords on their air pollution amendments, so I want to talk briefly about Lords amendment 1, which has not been spoken about much.

There is no question but that we are in the midst of climate and ecological emergencies that simply are not being taken seriously enough, not just by the Government but by many others who, through their actions, are contributing to the problem and not helping to find solutions. I am usually quite sceptical about the value of grand declarations if they are not backed up by action—and often they are not backed up by action—but I think that formal recognition in the Bill of the gravity of the situation could make a difference.

We have led the way on that in Bristol. We formally declared a climate emergency in 2018 and a biodiversity emergency in February last year. As a result, we have a wide-ranging “one city” ecological emergency strategy, which serves as a blueprint for action on that front. Really, that is what it is about—not just making the declaration, but using that declaration as a way of stressing the urgency and driving action.

I support the Lords amendments on the office for environmental protection. The Bill should have been in force, and the OEP ready for action, for the end of the Brexit transition period. There is just no excuse for the Government’s delays and prevarications—or, it has to be said, for their reneging on their promise to base the OEP in Bristol, which I will not stop reminding them about. We have ended up with precisely the sort of governance gap that many of us warned about, which is shameful. However, now that we are where we are, we ought to accept the Lords amendments, which would ensure that the OEP is independent in nature, that it is able to properly hold Ministers to account for environmental wrongdoing, and that it has control over its own budget.

Finally, the fact that we are so far away from meeting our environmental obligations on air pollution, water quality—I think that will come up in the next group of amendments—and protection of biodiversity only reinforces the case for a strong OEP and more accountability for Ministers. However, there is nothing in the Bill to compel Ministers to act early to meet targets or take action where interim targets are missed. We have these long-term targets way into the future—we have a 25-year environment plan—but if we do not have binding interim targets, it is so easy to kick things into the long grass and say that we are working towards a date at some distant point in the future. We then find that that distant point in the future is suddenly upon us and nothing has been done to ensure that we reach the targets.

Lords amendment 12 would ensure that there are binding interim targets in the Bill, which is so important for our ability to hold the Government to account and to see incremental change that will get us to our final ambition. That needs to be kept in the Bill.

[Rebecca Pow]

With the leave of the House, I will respond to the debate. May I reiterate the condolences that have been expressed? I was not able to be in the Chamber earlier. I have not worn my environmental leaf suit today, as a mark of respect to those two great men—Sir David Amess, who did so much on animal welfare, which is very relevant to my Department, and James Brokenshire. I think we all feel the same about them. We are proud to have known them, and we send our condolences to their families. I am terribly sorry.

I thank all hon. Members across the House for their contributions. As ever, whatever our differences, we listen to what has been said and work very closely together on these matters. I will whizz through some of the questions and comments that were raised before summing up.

Let me refer first to the comments by the SNP spokesperson, the hon. Member for Edinburgh North and Leith (Deidre Brock), just to get the devolution issue clarified. She talked about this Government not respecting the Scottish Government. The power of the Scottish Parliament to legislate respects the exercising of reserved functions by Ministers of the Crown. That was tested recently in the Supreme Court, which agreed with the Government. That judgment by the Supreme Court directly supports Lords amendment 29, tabled by the Government.

[Deidre Brock]

rose—

[Rebecca Pow]

I am going to leave it there, because I have so many comments to get through.

I want to refer now to particular questions and comments raised about the OEP. We heard some comparisons with the EU, in particular from the hon. Member for Westmorland and Lonsdale (Tim Farron), with whom we have had some very constructive discussions, as he said—I thank him for those comments. The OEP’s enforcement powers are different but will operate more effectively than those of the European Commission. The OEP will be able to liaise directly with the public body in question—that does not happen with the European Commission—to investigate and resolve alleged serious breaches of environmental law in a more timely and targeted manner.

On environmental review, the OEP can apply for judicial review remedies, such as mandatory quashing orders, subject to appropriate safeguards. That will work to ensure compliance with environmental law. The Court of Justice of the EU cannot issue those kinds of remedies to member states, so we truly believe the OEP is stronger, not weaker.

The right hon. Member for Leeds Central (Hilary Benn) mentioned the guidance power. Paragraph 17 of schedule 1 already requires that:

“In exercising functions in respect of the OEP, the Secretary of State must have regard to the need to protect its independence.”

The guidance power does not grant the Secretary of State any ability to intervene in decision making about specific or individual cases. The OEP does not have to follow the guidance where it has clear reasons not to do so. It has to provide its own enforcement policy. I think Dame Glenys would take issue with the idea that she is somehow heading up a weaker organisation. I do not think she would have taken on the job if she felt that that was the case.

On the biodiversity emergency, we have set a duty to set an additional legally binding target to halt the decline in species abundance by 2030. If that—not to mention the Prime Minister’s comments yesterday—does not demonstrate that we understand there is an emergency I do not know what else does.

Soil was mentioned by a number of colleagues, all of whom agreed that we need data. Our soil health action plan, to pick up on the points made by the hon. Member for Bristol East (Kerry McCarthy), demonstrates that we really mean business with soil. Many of our other policies will be about working on soil health. It is not just about what is in the Bill; it is about all our wider policies whereby we are taking soil health extremely seriously.

Air quality was rightly raised by many hon. Members, including my hon. Friends the Members for Tiverton and Honiton (Neil Parish), for Bromley and Chislehurst (Sir Robert Neill) and for Newcastle-under-Lyme (Aaron Bell), and the hon. Members for Westmorland and Lonsdale and for Vauxhall (Florence Eshalomi). On what is the right number for the target, I reiterate that whatever the WHO said—whether 10 micrograms per metre cubed or now five—its analysis has not and did not outline a pathway to achieve that target. That is why it is so important that we gather the evidence and the science. I was so pleased that my hon. Friend the Member for Tiverton and Honiton himself pointed that out and agreed that this is the right approach. So many people today have mentioned the importance of getting the evidence and the data right.

I listened to what my hon. Friend the Member for Bromley and Chislehurst said, but I assure him that we are not waiting for targets to be set to tackle the problem of air pollution. We are taking action now. One example is the legislation to phase out the sale of house coal and small volumes of wet wood, and to introduce emission standards for manufactured solid fuels for domestic burning across England. That was one of the big steps we have taken to cut down on PM_2.5.

[Sir Robert Neill]

I am grateful for what the Minister says. Will she meet me to discuss the sort of mechanism we were talking about, so we might get a better focus on this issue?

[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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Protection of pollinators from pesticides

[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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[Caroline Lucas]

I certainly support the direction of Lords amendment 45. However, I want to ask the Minister why she is omitting lines 7 to 14 of the original amendment introduced by the Duke of Wellington in the other place, which would put a legal duty on water companies to take immediate action to tackle sewage pollution and so forth. Why has she taken some of the teeth out of this amendment?

[Rebecca Pow]

I hear what the hon. Member says, and for once I am really pleased that she almost supports what we are doing. I am outlining what we have put into the Bill since it was last here to demonstrate how we will be reducing the harm from these sewage storm overflows. The cumulative impact of all this will be to actually address the issue that we all so want to address. Crucially, we will have sewerage management plans in which water companies will have to explain and detail how they are going to be delivering a resilient sewerage system. We expect those plans to include considered actions for reducing storm overflows and their harm in line with the ambition set out in the Bill.

[John Redwood (Wokingham) (Con)]

As there is a lot of concern about this on both sides of the House, can the Minister give us some encouragement about what pace of change we can look forward to under her proposals? I think people want some reassurance that this is going to be tackled quite soon.

[Rebecca Pow]

I thank my right hon. Friend for that, and honestly, people are coming up to me left, right and centre about this. I feel as strongly about it as everybody else, so I am so pleased we have got this into the Bill. I have to say that a lot of it is thanks to working with my right hon. Friend the Member for—[Hon. Members: “Ludlow.”] I have been to Ludlow, but I have a lot of data in my head! I think my right hon. Friend the Member for Ludlow (Philip Dunne) would agree that we have worked unbelievably constructively to get what was going to be in his private Member’s Bill into this Bill, which is absolutely the right thing to do. I hope we are demonstrating that this is happening quickly. For example, we are requiring water companies to put in monitors above and below every storm sewage overflow to monitor the data. They will have to start that right now, because the sewerage plans coming forward in the Bill are already under way.

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

The Minister will know that I am one of the people who keeps talking to her about this, and I pay tribute to her for all the work she has done on it. Yes, there are all these duties to report, to produce plans and so on, which is great, but should there not also be a duty on the water companies to actually do something, rather than just to report on what they have or have not achieved? If amendment (a) to Lords amendment 45 succeeds, will she consider whether it is possible to have a more tightly drawn, concise and effective duty on water companies?

[Rebecca Pow]

We have been speaking about this. I hear what my right hon. and learned Friend is saying, and I am listening. I am going to say that there is a dialogue, but I will leave it at that. However, there is so much more that will help with this issue, and the wider issue of water pollution, than what is in this Bill. I think he would agree that there are a lot of water issues to be dealt with that the water companies will be held to account for. One of the very strong things we are doing, which is not in the Bill, is producing our draft policy statement to Ofwat, the regulator. For the first time ever, we have put at the top of the agenda that it will have to get the water companies to address storm sewage overflows. I think we would all agree that they are necessary in an emergency, but they have been used far too frequently. I hope by all of this we are demonstrating what are doing, and that is why I am taking so long going through it. It has not started right now—well, not all of it—but when it does start, it will make a huge difference to the progressive reduction of harm.

[Mr Dhesi]

As has been said, it is great to hear about these plans, and we have been hearing about them for some time. Once we set aside all the blurb and the peripheral extraneous issues being outlined, are there any targets or deadlines? When will all English rivers be sewage free?

[Rebecca Pow]

I would argue that it is not blurb. The way we direct such changes is through policies such as these, and they will start to happen immediately. Water companies are totally aware of the policies, and through such measures we will cut down on harmful sewage storm overflows. Under the Bill we must also set a range of water targets. We have set up the storm overflows taskforce, which will report early next year on what the target should be for elimination. We will also have targets in other important areas of water quality, including phosphates, nitrates, waste water—all those areas are important and will be tackled. That is coming down the tracks imminently.

[Sir Bernard Jenkin]

The Minister is bringing in a fantastic Bill, but it is sad that we are not implementing the measures that my right hon. Friend the Member for Ludlow (Philip Dunne) brought before the House in his private Member’s Bill. They would have made it illegal to have sewage discharges after a certain date. The question “when?” is the right one, and the balancing argument is about how much it would cost, and how much it would add to consumers’ water bills. Does the Minister have that data? Do we know how much would need to be invested in each water area, and how much that would impact on bills, so that we can quantify how long it would take to do at a reasonable pace? That is what we need to know. Perhaps there will be a compromise on this issue, but at the moment I am afraid I am likely to follow my right hon. Friend into the Lobby in support of the Lords amendment.

[Rebecca Pow]

I thank my hon. Friend. This is an important issue and we have thought about it. The Government will come back and report on the costs and benefits; we are doing a whole analysis of that. As an approximate estimate, to get rid of or eliminate storm sewage overflows would cost between—these are very wide figures—£150 billion and £660 billion. One must consider the cost of bills, because there will be an impact on those. That is why I made the point earlier that a lot of other areas in connection with our rivers and our water are really important. We must also deal with those, and it must be proportionate. My hon. Friend is right, and we will soon have the data from our storm overflows taskforce, and from our duty to report on what the cost benefits would be of completely eliminating storm overflows. Such things are used far too frequently, but they are also an emergency measure that should potentially always remain, just in case we have to deal with huge floods.

Another area of work that needs to be done—we are doing it—involves levelling up and what was MHCLG but is now DLUHC, the Department for Levelling Up, Housing and Communities,. It is about sustainable development and what we do with drain water, all the rest of the water, and separating out our systems. This is a cross-departmental issue, and we are tackling some really important matters in the Bill.

The Bill also requires us to set and achieve at least one target in the priority area of water. Our policy paper, which was published in August 2020, set out the objectives for the water targets we were considering. Those include reducing pollution from agriculture, waste water, abandoned metal mines, and reducing water demand. All those issues are significant to the whole area we are talking about.

Outside the Bill, we have committed to undertaking a review of the case for implementing schedule 3 to the Flood and Water Management Act 2010 in England. That schedule would set mandatory build standards for sustainable drainage schemes on new developments, which so many people have been calling for. Those are not mandatory at the moment, but to really have an effect, they need to be. We are reviewing that and, based on what we find, we will be working with DLUHC on that very issue.

We have moved further; with Lords amendments 46, 47, and 74, we will require water companies to do near real-time reporting of storm overflows and water quality monitoring upstream and downstream of storm overflows and sewage disposal works so that we have fully transparent data. People called for transparency of data in the debate on the previous group of amendments, and we will have it in relation to the impact of those things on our waters.

The first part of Lords amendment 45, new section 141A of the Water Industry Act 1991, was introduced in the other place by the Duke of Wellington and seeks to place a duty on sewerage undertakers to progressively reduce the harm from storm overflows and to ensure compliance with that duty. We have listened carefully to Parliament and, as I am sure my right hon. Friend the Member for Ludlow will agree, we have moved on this matter more than anything else in the Bill. I hope that I have made clear everything that we are bringing forward.

That is not to say that we are not listening; we are. I am confident in all the things I have outlined, together with the draft policy statement for Ofwat, which states that we expect it to

“incentivise water companies to significantly reduce the frequency and volume of sewage discharges from storm overflows.”

That is the pointer for the water companies really needing to work on this issue. I know that a group of colleagues from the Portsmouth area are banking on that. They are working with the water companies in the area on pollution issues. They have brought all the bodies together in a partnership to tackle their sewage overflow issues, and they need what is in the Bill to point them in the right direction. We have their full support, and I commend them for all the work that they are doing. There is a whole group of colleagues doing that.

We have been clear that we want to see fewer discharges of untreated sewage into rivers, lakes and seas. I am personally determined to see that happen, and I am really proud of the actions we are taking. Lines 7 to 14 of Lords amendment 45 are therefore unnecessary, and I ask the House to support amendment (a) to leave them out.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

There are a number of sewage works on the River Wharfe upstream of my constituency, in the constituency of the hon. Member for Keighley (Robbie Moore)—I see that he is in his place—and we both have bathing water quality issues because of that. It would be useful to know, using the example of Portsmouth that the Minister gave, how the Bill will help us unlock that with Yorkshire Water to ensure that people are not bathing, in effect, with effluent, which is what happens nearly every day on the River Wharfe.

[Rebecca Pow]

I thank the hon. Gentleman for that intervention. I was proud to be part of getting bathing water designation in Otley. It is the first inland bathing water area that we have designated—we have loads around the coast—and it was a great project. However, he makes a good point, and when we are setting targets for water quality, the bathing water quality issue will very much be part of that.

I turn to Lords amendment 43, which would require that pesticide use in Great Britain can be authorised only if a competent authority is satisfied that there will be no negative effect on the health of honeybees or wild pollinator populations. I am as keen a supporter of bees and pollinators as anyone else here; I garden for wildlife and I do not use pesticides. I listened very carefully to the debate on this issue in the other place, but I am confident that there is effective regulation of pesticides to avoid harm, including to pollinators. We have consulted on a draft national action plan on the sustainable use of pesticides, which aims to minimise the risks of pesticides to human health and the environment. We will publish a final national action plan for pesticides by the end of this year. Central to the plan will be support for integrated pest management. We are supporting a shift towards greater use of IPM techniques. IPM involves designing pesticides out of farming systems as far as possible and includes increased use of nature-based, low toxicity solutions and precision technologies to manage pests, all of which will benefit pollinators.

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[Jim Shannon (Strangford) (DUP)]

I just have a very quick question. It is important that the farming sector and the industry understand pesticides and co-operation in farming, as that happens every day. What discussions has the Minister had with the National Farmers Union, for example, to work alongside it and ensure it does not have any issues?

[Rebecca Pow]

We work incredibly closely with our farmers. We could not do any of what we are trying to do without bringing our farmers on board. After all, they manage, own or run at least 70% of the land. Many are already doing good really work on integrated pest management. With some of our new grants we have launched for innovation and tech in particular, we will be working with them to go further down this road, especially through our environmental land management scheme, sustainable farming incentive and so on.

Our healthy bees plan 2030 sets out how we will work with beekeepers and bee farmers to improve honeybee health, and we are improving our understanding, including by supporting a national pollinator monitoring programme. Alongside all that, current pesticide legislation requires that pesticide products and their active substances have

“no unacceptable effects on the environment…having particular regard to its impact on non-target species”

which includes impacts on bees and other effective pollinators such as hoverflies, moths and beetles. Risk assessments made for active substances are subject to public consultation and establish the key risks posed by pesticides. We continue to make decisions on pesticide use based on scientific risk assessment.

Turning to Lords amendment 65, biodiversity loss is a defining challenge for our generation and we must act now. This landmark Bill ramps up domestic action, including a requirement to set a legally binding target to halt species decline in England by 2030. The powers under clause 113 and 114 form an important part and support the ambition for domestic nature recovery. We will bring forward a nature recovery Green Paper before the end of the year, which will set out our approach to driving nature recovery in England. It will include consideration of the scope to amend the habitats regulations, as well as broader exploration of our approach to site designations and species protections.

In adapting our approach to nature conservation, I agree we must maintain and enhance protections. The powers have been tightly drafted and already contain strong safeguards. In exercising those powers, the Secretary of State must: have regard to the particular importance of furthering the conservation and enhancement of biodiversity; be satisfied that the changes do not reduce the level of environmental protection provided currently by the habitats regulations; and test this with Parliament and secure its approval through a vote. To be satisfied that there has been no reduction in protections, the Government have also publicly committed to consulting with the office for environmental protection and Government statutory nature advisers. We also remain bound by international nature conservation law and committed to those obligations. Therefore, I see no need for the amendment and I urge the House to oppose it.

Turning to Lords amendments 94 and 95, our world-leading due diligence measures will help to tackle illegal deforestation in supply chains by prohibiting larger businesses operating in the UK from using certain forest risk commodities, produced on land illegally occupied or used. Forest risk commodities are associated with wide-scale conversion of forest. Examples of those commodities include beef, cocoa, leather, soya, rubber and palm oil. This comes as the UK prepares to lead by example at COP26 in two weeks’ time.

[Kerry McCarthy]

Does the Minister not accept that legal deforestation is becoming as much of a problem as illegal deforestation? If it is deforestation per se of the Amazon, that is a bad thing. Bolsonaro is relaxing the rules in his country, and it is happening in other countries in the region as well, and as a result we are increasingly seeing products entering our supermarket supply chains that are linked to deforestation—there was a story last week about cheese being sold in UK supermarkets. That is bad regardless of whether the Government of the country authorised it or not.

[Rebecca Pow]

I thank the hon. Lady and take her point, but we have to work with other Governments to bring forward our legislation. Many of these countries—Brazil is a specific example—have protections but, in many cases, are not upholding them. This Bill will have an effect, if we can demonstrate that they are not upholding their protections and our products are coming from there. That all has to be in a transparent survey, and data has to be recorded by businesses, so the onus will actually also be on them, because they do not want to be seen to be selling products that are causing deforestation. We have worked extremely hard to get that provision into the Bill and we believe that it will help to make a difference on this issue.

Given the pioneering nature of the policy, we have included a statutory requirement for a review every two years to make sure that the policy is delivering as intended and that the things that are happening, exactly as the hon. Lady suggests, do not happen. However, conducting a review after just one year of the requirements coming into force, as the amendments require, does not provide sufficient time to understand the policy’s effectiveness.

[Simon Hoare]

Some months ago, my hon. Friend gave very generously of her time, with officials, to talk to my constituent Jim Bettle about the timber regulations, as she will remember. Can she say when the review of the UK timber regulations is envisaged, because that neatly ties in with what she is talking about?

[Rebecca Pow]

Yes. My hon. Friend’s constituent came specifically to talk about charcoal and those issues. We have our timber regulations already in place to deal with illegal deforestation. I cannot give my hon. Friend an exact date for any review of that, but I can get back to his office with further details, if he would like.

In simple terms, in respect of the amendments, there would be not be enough data to understand how the legislation impacts against our policy objectives in one year and businesses would just be submitting their first report on the due diligence exercise. We will instead need to focus our efforts in that vital first year on ensuring effective implementation and enforcement and making sure that regulated businesses understand and are meeting their responsibilities under this legislation. That is critical to the regulations having their intended effect.

[Alex Sobel]

As well as having deforestation goods enter the supply chain in the UK from the Amazon in Brazil, which is of vital importance, they are also coming from West Papua, Borneo, Indonesia and the Congo river basin, and a lot of it is legal, as my hon. Friend the Member for Bristol East (Kerry McCarthy) said. We are seeking trade deals around the world. He do we ensure that businesses and Governments understand their obligations in the trade deals to ensure that we do not have further deforestation not just in Brazil, but in other countries?

[Rebecca Pow]

I thank the hon. Gentleman for that intervention. Obviously, our businesses will have an obligation under what we set in our Bill, but equally, there is a whole session devoted to this at COP26, discussing exactly the issues that he raises in the wider sphere of agriculture and forestry across the globe. I urge him to follow what happens there.

On Lords amendment 66, I am very pleased to announce that we will be taking action on ancient woodland, thanks to the persuasive arguments put forward by Baroness Young of Old Scone, who has been a champion for ancient woodland, as have many Members of this House. I also put on record the Government’s thanks to the Woodland Trust for its partnership and support in updating the ancient woodland inventory. It continues to champion the need for a detailed and up-to-date inventory of this irreplaceable habitat, which is much needed; I thank the trust for stepping in to do that work. It is music to my ears particularly, because I set up the all-party parliamentary group on ancient woodland and veteran trees with the Woodland Trust when I first came to this place as a Back Bencher. I know that the Secretary of State is also passionate about ancient woodland.

I can also announce that we will undertake a review of the national planning policy framework to ensure that it is being correctly implemented in the case of ancient and veteran trees and ancient woodland. Should the review conclude that implementation can be improved, we will look to strengthen the guidance to local authorities to ensure their understanding of the protections provided to ancient woodland.

Secondly, I am pleased to announce that we will consult on strengthening the wording of the national planning policy framework to better ensure the strongest protection of ancient woodland, while recognising the complex delivery challenges for major infrastructure.

Finally, we will amend the Town and Country Planning (Consultation) (England) Direction 2021 alongside these reforms to require local planning authorities to consult the Secretary of State for Levelling Up, Housing and Communities if they are minded to grant planning permission for developments affecting ancient woodland.

[John Redwood]

Is the Minister saying that if this change goes through, another HS2-type assault on ancient woodland would not be allowed, whereas the last one was?

[Rebecca Pow]

What it will mean is that, yes, there will be much more credence given to the value of ancient woodland. At the moment, ancient woodland does not necessarily win, because one can have the infrastructure, or whatever it is, if one can demonstrate that there are wholly exceptional reasons for getting rid of the ancient woodland. This approach will really strengthen the position: it is a really big commitment to ancient woodland, which is like our rainforest. We have to do something about it—and we are, which I hope will be welcomed.

[Simon Hoare]

Warmly welcomed.

[Rebecca Pow]

Thank you.

Although I must ask hon. Members to reject Lords amendment 66, I hope that they will support our approach and my announcement today, which will deliver effective action to protect our precious and irreplaceable ancient woodland.

The intention behind Lords amendment 67 is to introduce additional formality to the process for entering into conservation covenants and to require such agreements to contain specific terms. There is a balance to be struck: conservation covenants must be flexible tools and straightforward to create, but they must also be robust. It is important that they are not entered into lightly or without due consideration and forethought—sounds a bit like a marriage contract, doesn’t it?

Having reflected on concerns raised in the other place, and with particular thanks to the Earl of Devon, we acknowledge that an additional layer of formality when entering into conservation covenants would provide some reassurance to landowners. We therefore propose an amendment in lieu to require that conservation covenant agreements be executed as deeds. Government guidance in this space will also be drafted to provide clear support on the relevant formalities required for conservation covenants.

I hope that hon. Friends and Members will support our proposals. I look forward to their contributions.

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

Before I start, I want to send condolences and thoughts on behalf of Plymouth to Sir David Amess’s family, his staff and his community. We have seen our fair share of tragedy over the summer in Plymouth, and Plymouth stands with Southend at this time.

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Let me finish by saying that we must use the Bill, once it is passed—I know that time is of the essence—to put as much pressure as possible on our utility companies to put in that investment. They owe it to our constituents and to the environment to clean up the river system.

[Rebecca Pow]

I thank all hon. Members for their contributions. It has been a heated session, but I think that shows how strongly we feel about these issues.

I will touch first on storm overflows, which dominated the session. I thank my right hon. Friend the Member for Ludlow (Philip Dunne) for his moving and powerful words, as ever. I have great sympathy with him, because I too have been wading in effluent for quite some time now. I take what he says. We also heard vociferous speeches from the hon. Member for Brighton, Pavilion (Caroline Lucas); my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton); my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory), who truly outlined the complexities of dealing with the storm overflow issue—it is not straightforward and there is not one answer; my hon. Friend the Member for Rushcliffe (Ruth Edwards), who was very clear in what she said; my hon. Friends the Members for Stroud (Siobhan Baillie) and for Keighley (Robbie Moore); and the hon. Member for Westmorland and Lonsdale (Tim Farron).

I have listed all the things that we are doing on this issue that were not in the Bill before. This is all new. We have the statutory plan that the Government have to produce on discharges, we have the new duty on water companies to publish data on overflows, we have reporting processes, and the water companies have a duty to monitor water quality. The shadow Minister, the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), also spoke powerfully on this issue. We have had much conversation about it, and I think we are coming from the same place, but I say to him that we also have the drainage and sewerage management plans, which will set out how the water companies will manage their sewerage systems, and the Government have been really clear that we expect storm overflows to be addressed in those plans. That is very clear in the explanatory notes.

One Member asked, “What’s happening right now?” From now until 2025, water companies will invest just over £7 billion on environmental improvements in England, and £3 billion of that will be spent on storm overflow improvements. This work is starting now, and it is really important to flag that. It is not the case that nothing is happening; there is a great deal happening, but there will be a great deal more happening as a result of the Bill.

We believe that new section 141A of the Water Industry Act 1991 introduced by Lords amendment 45 is redundant, and I ask the House to agree to our amendment (a) to leave out lines 7 to 14 of that Lords amendment. I will say, though, that we are listening. We have listened all along and we have acted all along. The Government are absolutely committed to reducing sewage in our water. Nobody thinks sewage in water is a good idea, and I hope we have demonstrated that we have been very strong on that.

Let me quickly correct something that I mentioned about ancient woodland in response to my right hon. Friend the Member for Wokingham (John Redwood), who is no longer in his seat. On the NPPF, in relation to policy under the Town and Country Planning Act 1990, that would not bind decisions under the Transport and Works Act 1992 on hybrid Bills. I just wanted to correct that. However, I can reassure the House that biodiversity net gain will cover nationally significant infrastructure projects. That is very important.

Pesticides were talked about a great deal. We have listened carefully, but I am confident that we have got the correct existing regulations in terms of bees and all our pollinators. I hope everyone agrees that we are bringing through some very strong and exciting measures on the protection of ancient woodlands, which I announced together. I hope the House will support our amendment in lieu on conservation covenants, which will provide reassurance to landowners. We are not supporting Lords amendments 94 and 95. On Lords amendment 65, we will be publishing a nature recovery Green Paper that will set out robust protections for the future.

On those grounds, I really hope the House will support our position tonight. I thank everyone for their contributions to this debate.

Question put, That this House disagrees with Lords amendment 43.

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Charges for single use plastic items

[Rebecca Pow]

I beg to move, That this House disagrees with Lords amendment 85.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With this it will be convenient to discuss the following:

Lords amendment 85, Government motion to disagree, and Government amendments (a) to (c) in lieu.

Lords amendments 36 to 42, 44, 68, 76 to 84, and 86 to 90.

[Rebecca Pow]

I am very happy to finish these proceedings on a really positive note. I am delighted to offer amendments in lieu of Lords amendment 85 to expand the scope of the single-use items charge. Amendment (a) will allow the charge to be imposed on single-use items made from any material, not just plastic. This charge will help us to future-proof the Bill and protect the environment for generations to come by providing a powerful tool to incentivise the right shifts towards more reusable alternatives to single-use items and towards a circular economy. We want to take this opportunity to strengthen our hand and encourage citizens to reduce, recycle and reuse.

I also urge the House to accept the relatively technical amendments made to the Bill in the Lords that will improve both the Bill and delivery. They will support the swifter and more effective implementation and operation of extended producer responsibility measures, allow consistency in enforcement powers for waste tracking in Scotland, and provide clarity on the exercise of search and seizure powers for waste crime. We have also accepted all the recommendations of the House of Lords Delegated Powers and Regulatory Reform Committee, and the remaining amendments implement those recommendations.

[Luke Pollard]

I am glad that the Minister has listened to the concerns that were expressed about the throwaway economy and the throwaway culture that we have seen. Since the pandemic hit us, much of the progress that had been made in addressing single-use plastics has gone into reverse, with more single-use plastics being used and more being disposed of, including the emerging threat to much wildlife of PPE being disposed of in an inappropriate way. I am glad that the Minister has taken action to listen to the concerns of the Lords, which will now include extension of the single-use charge to other items that accompany this. That is a positive step and Labour Members support her in doing so. I invite her to look again at some of the other aspects around this that we have discussed today.

It is important to finish this Bill soon. It is an okay Bill—it is bit meh—but we do need the measures in it to be put in place soon. I know that it will be considered again by our friends in the Lords next week.

I invite the Minister to have words with those programming Government business to see whether this Bill can be brought back before COP26. Although I would like this Bill to go much faster and further, and although there are bits that are clearly insufficient, it is a step forward. Besides, I know that the Minister has plenty of press releases saying, “Landmark Environment Bill” ready to be sent, and I would hate to think that she would not get a chance to do so before COP26. I would be grateful if she brought forward those measures beforehand, but the Opposition welcome this positive step forward to address our throwaway culture.

Lords amendment 85 disagreed to.

Government amendments (a) to (c) made in lieu of Lords amendment 85.

Lords amendments 36 to 42, 44, 68, 76 to 84, and 86 to 90 agreed to.

Ordered, That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their amendments 1, 2, 3, 12, 28, 33, 43, 65, 66, 94 and 95;

That Rebecca Pow, Selaine Saxby, Heather Wheeler, Ruth Edwards, Luke Pollard, Mary Glindon and Deidre Brock be members of the Committee;

That Rebecca Pow be the Chair of the Committee;

That three be the quorum of the Committee.

That the Committee do withdraw immediately.—(Michael Tomlinson.)

Question agreed to.

Committee to withdraw immediately; reasons to be reported and communicated to the Lords.