Hedgehogs

Rebecca Pow Excerpts

Monday 5th July 2021 Westminster Hall

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

It is a great pleasure to serve under you today, Mr Twigg—I do not think that I have had the pleasure before, so it is very nice to see you in the Chair. Indeed, it is a pleasure to see all hon. Members and Friends here for this debate.

First of all, I must thank my hon. Friend the Member for Stockton South (Matt Vickers) for introducing the debate and for making a very clear case, as he always does in these petition debates. He referred to the debate in 2015, and I think a number of hon. Friends and Members were probably at that debate. I do not know if you were there, Mr Twigg, but I must say that it was one of the best debates I have ever attended in Parliament—and it was about hedgehogs. It was responded to by my then right hon. Friend for Penrith and The Border, and it has stayed in my mind.

Today’s debate has demonstrated, with the number of speakers we have had and the number of people who have signed the petition, just how heartfelt this whole issue of hedgehogs is—they are wonderful creatures. We have had wonderful references to all sorts of hedgehog charities and organisations, and I thank them all. We had Hessle Hog House, Hedgehog Street, the Wildlife Aid Foundation and the British Hedgehog Preservation Society, which arranged the petition and does so much good work. It is based in the constituency of my right hon. Friend the Member for Ludlow (Philip Dunne), who could not be here today but wanted to ensure that we thanked it for all the work it does in his constituency. We have also had Snuffles Hedgehog Rescue, and we must not forget Horace the film buff hedgehog—I am sorry that he is outdoing my right hon. Friend the Member for Harlow (Robert Halfon) when it comes to his other debates, but that just goes to show the strength of feeling.

This Government are absolutely committed to ensuring that our native species thrive, as we take action to address the declines that we are all so sad about. We—and I as the Minister—are deeply concerned about the findings of the red list for British mammals, published in 2020 by the Mammal Society, which has classed hedgehogs as vulnerable.

I am a great fan of hedgehogs, not least from reading all my children Mrs Tiggy-Winkle, the amazing Beatrix Potter book. As a Back Bencher, I worked with others, and we secured a reference in the national planning policy framework for hedgehog highways—that reference is in there now. Only today, I made a speech on green infrastructure to the Town and Country Planning Association, and I referenced hedgehog highways again.

[Theresa Villiers]

I warmly congratulate the Minister on that success. Now she has a real opportunity in her current role, because she will be signing off on environmental land management schemes. A good, simple scheme to promote hedgerows is great for farmers and even better for hedgehogs. I hope that we will see that in the ELM scheme.

[Rebecca Pow]

I thank my right hon. Friend very much for that intervention; she is obviously passionate about this issue and indeed worked in the Department. I am sure she knows that we have just announced the details of our sustainable farming initiative and the ELM scheme is very much about habitats, bringing nature back and being able to produce food sustainably, and there will be an emphasis on wildlife corridors and particularly river corridors. All these things will benefit our native wildlife and particularly hedgehogs. So my right hon. Friend is right, and I shall be taking advantage of the opportunity; indeed, I have been speaking up for hedgehogs.

I must mention West Hatch Animal Centre, which is just over the hill from where I live. It does absolutely brilliant work when hedgehogs are orphaned. I have been up there, and the centre has all these baby hedgehogs that are underweight and cannot get through the winter. The centre takes them on and literally drip-feeds them with pipettes to keep them alive. I was then very honoured that my garden was vetted and was deemed acceptable—I garden for wildlife—to receive some of these, now fattened-up, hedgehogs. I had some released in my garden. I was in Parliament one day, and the centre said, “You have to have a hedgehog house.” I thought, “What is that?” So I googled, “What is a hedgehog house?” I then had to build one in order to receive a hedgehog, which we duly did.

[Mr Mitchell]

In the royal town of Sutton Coldfield, we make hedgehog boxes. If the Minister would like one for her garden, it would be my pleasure to ensure that one is delivered to her at Westminster.

[Rebecca Pow]

That is the kind of offer I would find hard to refuse. Interestingly, we went to all the effort of making the house, then releasing the hedgehog into it, but I do not think that the hedgehog ever lived in it again. I think my garden was much more suited to it than the house. That is not to say that the boxes from Sutton Coldfield will not be a great deal better than those from Taunton Deane.

On the serious points, as we look to conserve and protect our native hedgehogs we have to consider the reasons for their decline. The main threat to the hedgehog is habitat loss, as many hon. Members referenced, particularly my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and the hon. Members for Blaydon (Liz Twist) and for Strangford (Jim Shannon). Habitat change has been due to such things as agricultural intensification and deterioration in the actual habitat, and that has affected so much of our other wildlife as well.

Schedule 5 of the Wildlife and Countryside Act 1981 focuses on deliberate harm against species. Although I agree with the sentiment behind the proposal of my right hon. Friend the Member for Epsom and Ewell (Chris Grayling) to ensure that we protect our hedgehogs, it is not clear that the species is being threatened in that way. Therefore, that protection under the Act would not address the main challenges that the species faces, although I was interested to hear about the potential collecting and selling of hedgehogs. If there is evidence of that from the British Hedgehog Preservation Society, I would certainly like to see it, because that has not been flagged to me and it would concern me.

I must go on to the points made by so many Members, particularly my right hon. Friends the Members for Chipping Barnet and for Epsom and Ewell, my hon. Friend the Member for North Norfolk (Duncan Baker) and the hon. Members for Kingston upon Hull West and Hessle (Emma Hardy) and for Blaydon, about schedule 6 of the 1981 Act, under which the hedgehog is listed. The schedule makes it an offence to kill or take listed animals by certain methods, such as types of traps and snares.

The quinquennial review process, which many have referred to, reviews schedules 5 and 8 of the Act, and the JNCC will make recommendations with regard to those lists. As I have highlighted to a number of Members, no changes to species protection have yet been recommended to us, nor have any decisions been made. Proposals for change will be formally consulted on later this year, and the Government will then consider the recommendations and advice provided by the JNCC before making any decisions.

[Chris Grayling]

Given that the Minister accepted in the debate on the Environment Bill—I am grateful for that—that the current legislative framework is really no longer fit for purpose in today’s world, would it not be better to set aside the quinquennial review and just get on with replacing the system? Carrying on with what we have at the moment will just cause confusion and uncertainty. It would be better to say, “This doesn’t work anymore,” and do something different.

[Rebecca Pow]

I hear what my right hon. Friend says. We have discussed this at length, and I thank him for that. As I have said previously, it is a priority for us to provide the legislative protections and policy interventions needed for our wildlife, including of course declines in hedgehogs. I am determined that we will get this right, and my right hon. Friend will know that we have recently announced a Green Paper towards that ambition. My Department will begin a review of species legislation, with a view to enhancing and modernising it, and we intend to publish the Green Paper and seek views later in the year. I absolutely agree that we need a better approach to addressing threats to a range of species, and that is what the Green Paper will focus on.

Furthermore, the Environment Bill will strengthen our commitment to such species as hedgehogs. We have amended it to require a new, holistic, legally binding target to be set for species abundance by 2030. The aim of that is to halt the decline in nature. That is a really strong commitment, the like of which we have never seen before. It demonstrates that the Government are determined that we will get this right. Indeed, we have to get it right, and I agree with various Members who have spoken, particularly my right hon. Friend the Member for North Thanet (Sir Roger Gale), who was very forceful. The matter is urgent and we need to get on with it.

We are taking action through a range of measures that I honestly believe will help. My right hon. Friend the Member for Chipping Barnet referred to the net gain provisions in the Bill, which will mean that every single new development will have to put back 10% more nature than was there at the start. I know that many developers will put back more than that, and that will help hedgehog habitats. Through the Bill, we are also introducing local nature recovery strategies, which have been referred to. Those will help to identify local biodiversity priorities in order to improve the co-ordination of the whole conservation effort, but at scale, and they will be beneficial to species such as hedgehogs.

[Liz Twist]

On paper, all these things are great, but it is essential that we have the resources to enforce the requirements, which need to be very specific. Too many times we have seen hedgerows ripped out, even where there is supposed to be protection. How will the Minister ensure that the requirements are effective?

[Rebecca Pow]

I thank the hon. Lady for that, but one cannot rip hedgerows out now. We have a portfolio—a toolbox—of measures that will combine to improve our nature and put back our declining species. The local nature recovery strategies are key to that and will be used on the ground by local authorities. That will give them the opportunity to determine—it is like a mapping system—what they want where, where there is good nature, where it could be better or where they would rather just focus on industry. All of those things will build together, and local authorities will be able to make hedgehogs a priority if they so wish. I am confident that we have a very good framework in the Environment Bill.

We also have our new Agriculture Act 2020, and we have left the common agricultural policy. We now have schemes to ensure that our land use will deliver environmental benefits—through the sustainable farming incentive, the local nature recovery scheme and our much bigger landscape recovery scheme, which will link whole areas and potentially have the corridors that our wildlife needs to move about. Those schemes—sustainable farming, in particular—will be able to create and preserve woodlands, heathlands, species-rich grassland and a range of habitats that will benefit hedgehogs, in particular.

Serious points were made about planning. DEFRA is in close consultation with the Ministry of Housing, Communities and Local Government, particularly on the issue of sustainable development. Hedgehog highways, swift boxes, ponds and all of the things that we are flagging really need to go into our future developments, together with sustainable urban drainage and all of the things that affect our water quality and flooding. It should all knit together.

There is obviously huge interest in hedgehog protection. I thank all hon. Members who have taken part in the debate and made such very strong cases.

[Jim Shannon]

Will the hon. Lady give way?

[Rebecca Pow]

I think I have time to give way to the hon. Member for Strangford, because he is always so polite.

[Jim Shannon]

A number of people, including myself, have put forward the planning issue, to which the Minister referred. Is it possible, before anyone does any work on any site or development, to ask them to remove any hedgehogs and to relocate them? The Minister said that many farms would wish to accept hedgehogs. Is that possible?

[Rebecca Pow]

That is an interesting suggestion. In the Environment Bill, we are bringing in new measures for strategies for certain wider groups of species and wildlife to look after habitats and deal with wildlife issues on a more comprehensive scale, rather than in the itsy-bitsy way that we do now, which often frustrates developments as well, because they are held up. Under biodiversity net gain and the nature that has to be put back by developers, they will be conscious that they have to look at things such as the hedgehog population, just as we do now with dormice and so on.

On that note, I will wind up. I hope that I have outlined that the Government have a real desire, and I believe the framework, to protect nature and biodiversity on a national scale, and that we are committed to reviewing species legislation so that we get it right. We give the assurance that we will be looking after our absolutely much-loved and indeed revered hedgehogs.

Grouse Shooting

Rebecca Pow Excerpts

Monday 21st June 2021 Westminster Hall

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

Thank you, Ms McDonagh; it is actually Rebecca Pow.

[Siobhain McDonagh (in the Chair)]

Sorry—I am just reading from my list.

[Rebecca Pow]

This matter comes under my portfolio. There seems to be a little bit of confusion, but I am Rebecca—just in case there is any confusion about that. I see that Minister Prentis’s name was written on the details for the debate. Anyway, that is the least controversial of the issues that we are discussing today. Having said that, I thank all hon. Friends and hon. Members who have contributed to this debate, particularly my hon. Friend the Member for Ipswich (Tom Hunt), who made a very clear and balanced opening speech.

Clearly, there is a great deal of strong feeling about this issue and people approach it from different perspectives. However, I think that everyone agrees that we want to protect our uplands, the wildlife that thrives there and indeed the people who live there. Grouse shooting, which is what we are talking about today, takes place in one of our most iconic landscapes—the uplands. The uplands are composed of multiple habitats: dry heath; wet heath; and blanket bog.

Blanket bog is rarer than the tropical rainforest and we have a very large proportion of it in the UK, with 13% of the world’s total. The uplands are very precious and accommodate a wide range of activities, which we have heard about today: hiking, all forms of tourism, shooting grouse, grazing sheep, and many more. Blanket bog provides a rich habitat for many species and sequesters carbon, as my hon. Friend the Member for Keighley (Robbie Moore) mentioned, filters out drinking water and helps us with our flood control. The grouse shooting that many people inevitably get involved in attracts people to these treasured habitats. They are engaging with nature, which I see as a good thing.

The activity of grouse shooting does indeed bring jobs to the area, and we have heard different numbers—from 1,500 to over 2,000—from different colleagues. It also brings investment to some of the remotest areas of the country, particularly in the north of England. That was mentioned by many Members, including my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill), who has a great deal of experience, and the hon. Member for Strangford (Jim Shannon). The matter is devolved, but it is the same issue. It was also mentioned by my hon. Friend the Member for North West Durham (Mr Holden), particularly with respect to the wider tourism element, and my hon. Friend the Member for Huntingdon (Mr Djanogly), who summed it up so well. It is about close working between land managers and stakeholders to ensure that the landscapes in those areas are protected both for conservation and for shooting, and that they can work together for a sustainable outcome.

One of the ways in which moorlands have been managed for grouse shooting is by burning vegetation, which has been touched on by many Members. The Government have always been clear about the need to phase out rotational burning on protected blanket bog and to move to a regime of cutting. There has been a lot of debate and discussion about that with stakeholders, and they are clear about that now. It is about conserving habitats on the protected sites of blanket bog. There is established scientific consensus that burning of vegetation on such sites damages the environment in a variety of ways—hence the move to cutting. The Heather and Grass etc. Burning (England) Regulations 2021 came into force on 1 May and represents a crucial step in meeting the Government’s nature and climate change mitigation and adaptation targets, including the legally binding commitment to reach net zero carbon emissions by 2050.

We are of course aware of the Climate Change Committee’s views, as flagged by the hon. Member for Bristol East (Kerry McCarthy). I want to give assurances that we are taking extremely seriously peatland restoration, as flagged by the Committee. We had already allocated £10 million between 2018 and 2021, which will lead to the restoration of 6,500 hectares of peatland, but we have also committed to a further 35,000 hectares of peatland restoration under the new Nature for Climate Fund. We have just allocated the first tranche of that £50 million to be spent over the next four years on peatland restoration, and it will happen in lots of the areas that we are all talking about. That will be by 2025, so we have made a very serious and clear commitment. It will also have benefits for carbon sequestration, as mentioned by my hon. Friend the Member for Keighley. As has been alluded to, there are a few specific and narrowly defined areas where burning may be permitted on protected sites. We have published guidance and are still working on it closely with everybody involved because we need to get this right for a sustainable future.

The issue of wildfires was rightly raised by many Members on both sides of the House, particularly my right hon. Friend the Member for Scarborough and Whitby, the hon. Member for Strangford and my hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds). The Government are of course acutely aware of the wildfire risk presented by the dry conditions on moorlands. Some of the clearest evidence points to the fact that improving the resilience of our peatlands to wildfire, by ensuring that they are wetter and in their natural state, is one of the ways to control wildfires. Our recently released peat action plan encourages all landowners and land managers to have good-quality wildfire management plans in order to look out for that risk. Under the regulations, the Secretary of State may grant licences where he is satisfied that it is absolutely necessary or expedient for the purpose of preventing wildfires, with the very careful management required should that take place.

I want to talk a bit more about the peat action plan, which was published in May and sets out our long-term vision for the protection, management and restoration of our peatlands. That is there for all to see, and it is very clear about what our ambitions are. That action plan also contains strong measures on delivering nature-based solutions so that lots of the activities we do on peat will work towards this whole nature restoration move. Obviously, there will be an important emphasis on rewetting and working with hydrology so that we get our moorlands back to their natural state.

By managing those moorlands to create the optimum habitats for grouse, land managers can play a really important role in conservation, particularly for ground nesting birds, as has been referred to by many Members. Heather moorlands are important habitats for some of our most iconic birds of prey, such as hen harriers, and there has been an increase in hen harrier numbers. That has been clearly highlighted by my hon. Friends the Members for Thirsk and Malton (Kevin Hollinrake) and for Buckingham (Greg Smith), and by a number of other Members. We have also seen an increase in the numbers of a whole range of other bird species, including buzzards and peregrines.

That is not to say that there are not issues of persecution. We are aware that those issues exist, and the Government take wildlife crime extremely seriously. Since 2016, DEFRA and the Home Office have contributed £300,000 annually to the National Wildlife Crime Unit. I campaigned for that as a Back Bencher, and the Government have listened. We are still funding that work, and it is really important. Under the regime, the police are working very hard to protect our birds and prevent the illegal killing of birds of prey. I hope that the hon. Member for Bristol East welcomes that funding. The five species identified as of particular concern are the golden eagle, the goshawk, the hen harrier, the peregrine, and the white-tailed eagle.

Turning to the issue of wider biodiversity, our aim is to address the overall decline of species in England. We will therefore amend the Environment Bill to include an additional legally binding target that aims to halt the decline of species by 2030. We will also introduce, through the Bill, a new species conservation strategy to help with that, as well as a Green Paper setting out our framework so that we might better deliver species protection in the round. I am sure that all hon. Friends and Members will welcome that. The Joint Nature Conservation Committee is working on that issue right now and will make recommendations towards the end of this year.

To touch on the Werritty review, mentioned by the hon. Member for Angus (Dave Doogan), we do not have plans to introduce similar measures, but we are watching Scotland closely. We can all learn lessons all round in whatever we do, and we will be watching to see how that proceeds.

There are strong views on either side of this debate, and I welcome the fact that it did not get really heated today. We need to have understanding on either side, and I hope that, as the Minister, I do have that understanding. We need to look after and protect the environment, while looking after our rural communities and enabling them to survive and thrive. That is so important. For me, the key word in all of this and, indeed, almost everything I do in DEFRA is sustainability. I will conclude there, and thank everyone who has taken part.

[Siobhain McDonagh (in the Chair)]

I thank the Minister and apologise once again for getting her name wrong.

Oral Answers to Questions

Rebecca Pow Excerpts

Thursday 17th June 2021 Commons Chamber

[Sir Roger Gale (North Thanet) (Con)]

What steps he is taking to protect endangered native species.

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

To support the recovery of native species in England, we have tabled an amendment to the Environment Bill to require a new, historic, legally binding target for species abundance by 2030, aiming to halt the decline of nature. This is in addition to the long-term, legally binding targets we are developing under the Bill. We expect to publish a consultation on the proposed targets in early 2022. We are looking at the action needed on the ground and will launch at least 10 landscape-recovery projects to restore wilder landscapes. In partnership with stakeholders, we will determine the specific actions that will be paid for by our new schemes to reward environmental land management. In addition, the £80 million green recovery challenge fund has kick-started a pipeline of nature-based projects, many of which relate to native species.

[Kate Griffiths [V]]

The Washlands in my constituency is a fantastic place to visit: an expansive piece of natural land that follows the river through the heart of Burton upon Trent. Will my hon. Friend join me in thanking East Staffordshire Borough Council, Staffordshire Wildlife Trust and other organisations for their efforts in transforming the Trent valley to create spaces that work for both people and wildlife?

[Rebecca Pow]

There is hot competition this morning for the best constituency, and my hon. Friend’s area is an extremely interesting and diverse landscape. I of course thank all organisations that are working to transform the Trent valley, including East Staffordshire Borough Council and the Staffordshire Wildlife Trust. Such partnerships and collaboration between partners and the community are absolutely key to the building of successful projects to restore and enhance natural and cultural heritage. I visited the Somerset levels yesterday, where similar partnership working is going so well, with so many partners. I am grateful to all the partners for their efforts towards goals for thriving plants and wildlife right across England.

[Sir Roger Gale [V]]

First, I would be grateful if my hon. Friend confirmed that her Department will support the properly managed reintroduction of beavers, which can contribute so much to the environment.

Secondly, endangered species suffer because of loss of habitat more than anything else. If we rip out hedgerows and headlands and build over all our agricultural land, the habitat will be destroyed and wildlife will be destroyed, so will my hon. Friend join me in campaigning against the use of agricultural land for development?

[Rebecca Pow]

I knew that my right hon. Friend was going to mention beavers, of which he is a great champion. As he knows, we are to consult on the reintroduction of beavers this summer. There are myriad benefits, but we must also look carefully at the management and mitigations that might be needed.

My right hon. Friend raises an important point about our precious agricultural land. I absolutely reassure him that we on the Government Benches are working hand in glove so that not only do all our new schemes deliver for nature but we can produce the sustainable food in this country that we want. This morning, I went to New Covent Garden market, where I saw a whole lot of our British produce. There were a lot of imports, but a lot of great British fruit and vegetables, and particularly flowers—it is British Flowers Week. Government Members are absolutely supportive of not only productive agriculture but recovering nature.

[Mr Speaker]

I welcome the new shadow Minister, Olivia Blake, to the Front Bench.

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

Thank you, Mr Speaker.

The Government have made some grand claims about the species-abundance targets that they will add to the Environment Bill to protect our native species and wildlife. The Secretary of State has said that the Government want

“not only to stem the tide”

of the loss of nature

“but to turn it around—to leave the environment in a better state than we found it.”

However, last week the Government published their amendment; will the Minister explain why the proposed legislation commits only to

“further the objective of halting a decline in the abundance of species”

rather than reversing the decline?

[Rebecca Pow]

I welcome the hon. Lady to her place. This is the first time that we have had questions in the Chamber together.

This is a tremendous commitment by the Government to halt the decline of nature by 2030. No other country has done anything like this, so we are totally committed to the target. All the framework that we are putting in place will build towards this nature recovery: our local nature recovery strategies; our national nature recovery strategies; our 30% of land and sea protected; our 10 new large-scale landscape recovery schemes; and the entire environmental land management system. I could go on and on. I do not think that I could reiterate more the Government’s commitment to that. We will be consulting on the exact detail of the target in 2022, along with all the other targets in the Environment Bill.

[John Stevenson (Carlisle) (Con) [V]]

What steps he is taking to help ensure the competitiveness of the food and drink manufacturing sector.

As the Minister knows, the food and drinks manufacturing sector is the largest in this country, employing more than 400,000 people directly. It is a major innovator and exporter. My concern is that the sector may get too much red tape and regulation. If we look at the obesity strategy, for example, there could be a lot of regulation with very little gain. Can she reassure me that there will be proper scrutiny of any legislation, and that the minimum burdens will be put on this sector, which is vital to our economy?

Environment: Sittingbourne and Sheppey

Rebecca Pow Excerpts

Wednesday 9th June 2021 Westminster Hall

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

Thank you so much, Ms Ghani. I do not think that I have had the pleasure of serving with you in the Chair—it is really very good to see you.

I must thank my hon. Friend the Member for Sittingbourne and Sheppey (Gordon Henderson) for his impassioned speech and for standing up, as he always does, for his constituency. We have seen him in every way today: in vision, out of vision, on mic and off mic. It has been a pleasure to hear what he has to say, and I thank him for securing this debate on a topic that is important in particular for his constituents.

My hon. Friend highlighted a number of a really important environmental issues, such as littering, fly-tipping, the illegal dumping of waste off the north Sheppey cliffs, the problem of cliff erosion in Sheppey, and the adverse environmental impacts, including pollution, of what he considers to be unsustainable housing developments. He covered a whole raft of subjects. He will be pleased to know—and I am sure he is aware—that our landmark Environment Bill, which is the first of its kind for 20 years, will really help to deliver, as I hope he feels, the future prosperous and sustainable environment that I believe we all want, including his constituents.

My hon. Friend referred to the Bill, which is currently progressing through Parliament. The legislation will deliver transformative benefits, including cleaner air for all, the restoration of habitats, increased biodiversity, a resource-efficient economy, and better management of our precious resources in this changing climate.

Climate change is creating many challenges, and the Government are tackling them head-on with a strategy to reach net zero by 2050. On the other side of that coin is nature adapting to the changing climate that we face, some impact of which is being felt off the coast of my hon. Friend’s constituency.

On the issue of waste, many of our constituents share my hon. Friend’s concern about litter and the people who choose to spoil the environment that we all share with rubbish. I understand his concerns, but I want to outline the things that we have done already to tackle the issue and the things that we are going to do, which I hope will reassure him. We have introduced new penalty notice powers for councils in respect of fly-tipping and littering from a vehicle so that if a passenger in a vehicle throws something out of the window, the driver will be responsible for that person’s littering. We have also raised on-the-spot fines for littering and given councils powers to stop, search and seize the vehicles of suspected fly-tippers. On conviction, those guilty of littering can already face a fine of up to £2,500, but we have committed to strengthening fly-tipping sentences.

We have provided funding worth almost £1 million to help councils purchase new litter bins. That might seem a small thing, but having the right bins in the right places makes a difference. I agree with my hon. Friend that education is really important. That is a key part of our litter strategy for England, and I thank him for the work that he does in this space, as does the Litter Angels charity in his constituency.

The Department for Environment, Food and Rural Affairs continues to support “Keep it, Bin it”, the anti-littering campaign launched in 2018 with Keep Britain Tidy. It does so much good work to tackle littering. We would like to see more children and, indeed, everyone participating in national clean-up days such as the great British spring clean. I got involved with a team of people in Taunton last week. I am sure that you also get involved in those things, Ms Ghani, as I know does my hon. Friend the Member for Sittingbourne and Sheppey. Those things do have an impact in our local areas.

The main way to tackle frequently littered items and fly-tipping is to reduce the amount of waste that we have in the first place. There are measures in the Environment Bill that really will make a difference to our waste. We have a big emphasis on reuse, repair and recycle, and we are introducing new measures, as I am sure my hon. Friend knows, including the extended producer responsibility scheme, which will focus on plastic packaging initially, because that is our biggest littered item. It will make the people who manufacture and use such packaging ultimately responsible for its end of life. They will not want to see littered items if they are responsible for it.

We are also consulting on the deposit return scheme, which sets out an incentive to dispose of in-scope materials that can be returned, and we are working on consistent collections through our local authorities, so there is a raft of measures. Last year, I held a roundtable with the fast-food retailers, because they are responsible for a huge amount of our litter, to understand what actions they are already taking. In fairness, lots of them are taking action, but I made it very clear that further action from them is necessary.

I noted my hon. Friend’s concerns about the charges at household waste recycling centres for certain types of waste, and I hope he will be pleased to hear that we will review those services and the controlled waste regulations. Subject to consultation, we will amend them to ensure that they remain fit for purpose and that charges are fairly applied.

We are aware of the ongoing issues on the north coast of Sheppey, particularly the U1 exemptions that my hon. Friend referred to. The EA is currently investigating and working with Swale Borough Council, so we cannot discuss active and ongoing investigations. However, we have consulted on reforming that particular exemption—I hope that will give him some reassurance—as well as others of concern, and we hope to publish the Government’s response later this year, setting out our proposed reforms to the waste exemptions regime that he referred to.

We are developing proposals to reform the waste carrier, broker and dealer regime, and we intend to consult on that. Other key measures are being introduced through the Environment Bill, which include mandatory electronic waste tracking, so that we know what is in the waste system, who is dealing with it and where it is going. Once we have much better data, we will be able to crack down on a lot of fly-tipping, which my hon. Friend is rightly concerned about. Mindful of the problems of fly-tipping, we got an allocation in the 2020 Budget of £2 million to do some work and to support innovative solutions to tackle fly-tipping, and that is under way. In April 2021, we commissioned a research project to consider the drivers, deterrence and impact of fly-tipping, which will be completed by the end of the year. I hope that my hon. Friend is reassured that we are moving on with a lot of work in this space, because fly-tipping causes an enormous amount of upset and heartache. I have touched on the other measures we are taking to cut down the amount of waste in our society altogether.

I will move on to coastal erosion, which is a very serious issue for residents in Sheppey, as was seen in the incident referred to by my hon. Friend. Flooding and coastal erosion can have devastating consequences for the people it impacts upon, whether in respect of their business, their home or their environment. In recognition of that, between 2021 and 2027, we are doubling our investment in flooding and coastal erosion funding to £5.2 billion. That will ensure that a further 336,000 properties are protected.

We see the sea levels rising, so we are inevitably getting further coastal erosion. We defend the coastline where it is sustainable and affordable to do so, and let it function naturally where that is not the case. Our national strategy for managing erosion and flooding stresses the importance of resilience and adaptation in the face of change. On this relatively undeveloped part of Sheppey, the long-term approach agreed with Swale Borough Council, the Environment Agency and Natural England in the shoreline management plan is to allow coastal processes to enhance the natural environment locally and elsewhere. On the Eastchurch coast, Natural England’s view is that any development or activity that restricts natural processes is likely to damage the features of the geological site of special scientific interest that my hon. Friend referred to—that is Sheppey cliffs or Minster cliffs, as it is also called.

Just for information, the SSSI designation is a UK protection. The designations were made under the Wildlife and Countryside Act 1981—it is not an EU designation. My hon. Friend did hold a debate about this issue with the previous Environment Minister. As a result, the whole issue was reviewed, but in 2017 Natural England advised against interfering with the natural processes and the features that they produce. Importantly, online proposals to manage erosion and landslip in this area have faced major funding challenges, as I am sure my hon. Friend knows, with cheaper interventions in recent years proving ineffectual.

The Environment Agency is working with coastal authorities on a £1 million refresh of the shoreline management plan that I referred to. That will ensure that it is up to date, using the best evidence in its recommendations. It will focus attention on priority areas for investment and adaptation. Through this exercise, Natural England and the Environment Agency will continue to work closely with the South East Coastal Group and Swale Borough Council, as they work with local residents and businesses to develop local adaptation initiatives. I am sure my hon. Friend would be welcome to be involved in that. Those initiatives will enable us to reach the long-term goal of a naturally evolving coastline, with local communities, that is resilient, rather than vulnerable to change. There are many places around the coast that are facing similar challenges right now.

My hon. Friend is rightly passionate about the risks of erosion facing some parts of his constituency. He has raised this issue many times, in particular via a parliamentary question in January. At that time, the Environment Agency provided me with information showing that its Medway estuary and Swale flood and coastal risk management strategy has developed adaptation options to relocate or compensate affected properties. I would like to take this opportunity to clarify that the strategy recommends that the adaptation options to relocate or compensate affected properties should be considered, but does not provide for any developed options.

On the housing issues that my hon. Friend raised, we do, of course, have an existing national planning policy, and it is clear that local plans should take a strategic approach to maintaining and enhancing habitat networks, and identify opportunities for enhancing natural capital. One of the policies states that new developments should not contribute to unacceptable levels of air pollution, which my hon. Friend raised. The Environment Bill will require the Government to set targets on air quality, including on fine particulate matter, which is the most damaging to human health. That is a Government priority, and it will of course impact on choices made about where houses are delivered.

In addition, one of the objectives of the proposed planning reform is to protect and enhance the environment. The Government have made a clear commitment not to roll back on our high standards for environmental protection. Indeed, DEFRA is working very closely with the Ministry of Housing, Communities and Local Government on these planning reforms and the “Planning for the future” White Paper. As my hon. Friend knows, they have received many responses.

We want to see more homes built, but it is possible to do that in an environmentally friendly way. The Environment Bill makes biodiversity net gain mandatory for every development granted planning permission, so every development will have to put back 10% more nature than was there when it started. That will make a big difference around the country to the amount of nature that we see in relation to our housing. I see that as a very positive measure, and I hope my hon. Friend agrees.

I thank my hon. Friend for raising all those really pertinent issues relating to his constituency. I hope that I have provided him with some reassurance about what we are doing, particularly on litter, fly-tipping and a number of the measures coming through in the Environment Bill. He talks about real people, and of course we are mindful of real people all the time, but we hope we are putting in place the right policies that will enable them to have a sustainable, green and prosperous future.

Question put and agreed to.

World Oceans Day 2021

Rebecca Pow Excerpts

Tuesday 8th June 2021 Westminster Hall

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

It is, as ever, a pleasure to see you in the Chair, Mr Hosie, especially on this auspicious World Oceans Day. I thank my hon. Friend the Member for North Devon (Selaine Saxby) for securing this debate on this day. She expresses so much passion for the sea and the ocean, which is quite understandable given her constituency, which I have had the pleasure of visiting. She is a great champion for the seas, but she is not alone in caring for them. An ocean literacy survey released today highlighted that 85% of people said that marine protection was personally important to them. Even in this Room, no matter what party Members represent, there is so much synergy in what we are talking about today and in our endeavour to do something about ocean recovery. So I thank my hon. Friend again, and welcome the new shadow Minister, the hon. Member for Sheffield, Hallam (Olivia Blake); it is good to hear her speak on this subject.

As many others have done, I will highlight that our ocean plays a vital role in contributing to biodiversity. It provides 80% of life on Earth and regulates the planet’s climate. It absorbs over 90% of all excess heat in the Earth’s system. We rely on the oceans for our survival, livelihoods and wellbeing. Despite all these things, the ocean is under huge threat from multiple natural and anthropogenic pressures, including climate change, over-fishing and pollution of many types, but plastics in particular. This needs to change.

This is the pivotal year that could really help us to trigger the change needed to raise ambition on the ocean and stimulate the recovery we need. It marks an unprecedented alignment of domestic and international marine agendas, which is why we are calling 2021 a marine super-year. Through our COP26 and G7 presidencies, the UK can influence to build momentum and advocate for greater ocean action, championing global collaboration and towards ocean health and resilience. I know that is something that all hon. Members support, as indicated through the all-party parliamentary group on ocean conservation, chaired by my hon. Friend the Member for St Austell and Newquay (Steve Double).

Our G7 presidency is already significantly raising the profile of our ambitions and actions concerning the ocean. The G7 Climate and Environment Ministers’ meeting in May delivered a strong suite of ocean commitments, including the G7 ocean decade navigation plan. That plan established a framework for the G7 to collaborate and advance our collective work on transformational ocean science for ocean action, through- out the UN decade of ocean science for sustainable development.

My hon. Friend the Member for North Devon spoke about the 30by30 target, as did many other hon. Members, including my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory), who is a great champion for the ocean—I can see her surf board behind her. The 30by30 initiative is championed by the UK through the Global Ocean Alliance and the High Ambition Coalition for Nature and People, of which the UK is ocean co-chair. I am delighted that between those two alliances 80 countries now support the 30by30 target. That is a vital and positive step towards our collective endeavour to deliver ocean recovery.

My hon. Friend the Member for North Devon highlighted marine litter, which I know she does a lot about locally, and plastic pollution. Rightly, that is a key priority of the super-year agenda. I echo concerns about the ship off the coast of Sri Lanka. We are holding discussions with the Sri Lankan Government on minimising environmental damage following the fire on the X-Press Pearl, and we stand ready to support them at this challenging time.

Scientists predict a threefold increase in the amount of plastics in the ocean between 2015 and 2025 alone, which is alarming. The issue crosses country boundaries and requires international action. Last November, Lord Goldsmith expressed UK support for starting negotiations on a new global agreement to tackle marine plastic litter and microplastics. The agreement will build on the important work we are already doing to tackle marine litter domestically and internationally. For example, together with Vanuatu, the UK leads the Commonwealth Clean Oceans Alliance to reduce plastic pollution in the oceans in support of meeting sustainable development goal 14, “life below water.”

In parallel, we are taking steps here in the UK and focusing our efforts on attacking plastic pollution at its source. The 25-year environment plan sets out how we will improve the environment over a generation and includes a commitment to eliminate “all avoidable plastic waste.” It includes developing extended producer responsibility, consistent collection and deposit-return schemes, which we are consulting on now. That was referred to by a number of hon. Members, including eloquently by my hon. Friend the Member for St Austell and Newquay, who talked particularly about the deposit-return scheme, and by my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), who urged speed on these initiatives. To clarify, the extended producer scheme for plastic packaging is due to come into force in 2023-24 and the deposit-return scheme in 2024, so we are moving on this.

In addition, we are consulting on an EPR scheme for fishing gear by the end of 2022. Abandoned and discarded fishing gear is having a devastating effect on the marine environment. It is classed as marine litter and has been highlighted as having the most dramatic and terrible effect. It is pleasing that we are consulting on that. We are taking a whole-lifecycle approach to the way we are dealing with plastic.

My hon. Friends the Members for St Austell and Newquay and for Truro and Falmouth touched on the issue of sewage. I think they will agree that big progress is being made, thanks to great work by many organisations, particularly Surfers Against Sewage. I hope they are supportive of the fact that through the Environment Bill we are now bringing in measures to make it a statutory requirement to produce a plan on storm overflows. Also, water companies will now report data all year round on the state of the water on the coast. The storm overflows taskforce is working at pace on tackling the sewage issue as well. We are moving as fast as we can on that.

Alongside the crucial steps to tackle marine plastic litter, we are undertaking a wealth of actions to protect our marine wildlife and nature and to support a sustainable and thriving fishing industry, referred to by many hon. Members. We have a big opportunity now that we are an independent coastal state. The UK marine strategy provides the framework for us to achieve good environmental status in our UK seas. We have published an updated part 2 of the strategy, and will consult on updating part 3 in the summer. The strategy, together with the climate change objectives of the Fisheries Act 2020 and the marine policy statement, will form the major pillars of our protection of the marine environment.

The UK is a global leader in marine protection across the entire UK marine estate, including UK waters and our overseas territories. At least 60% has been designated marine protection areas. The hon. Member for Strangford (Jim Shannon), who painted a charming picture of his childhood by the sea, mentioned “Blue Planet”. The blue planet fund has been critical in our endeavours and has exceeded its target of protecting and enhancing over 4 million square kilometres of marine environments around five UK overseas territories. That is largely thanks to Tristan da Cunha’s designation as a new protection zone in November 2020.

We have an extensive network of 372 marine protected areas, which protect 38% of UK waters, including the majority of the salt marsh and seagrass habitats referred to by many hon. Members. We are now focusing on making sure those areas are properly protected. That is crucial. Of the MPAs, 98 have management measures in place to protect sensitive features from bottom trawling—using bottom-towed fishing gear—which was referred to by my hon. Friend the Member for North Devon and the hon. Member for Bristol East.

We have been able to put those measures in place through concerted endeavours with the Inshore Fisheries and Conservation Authority and the Marine Management Organisation. While we were in the EU, bringing forward management measures for our offshore MPAs proved very difficult. Our leaving the common fisheries policy and the introduction of the Fisheries Act 2020 changed all that. Within days of the Act being passed, powers become available. The MMO launched a consultation on draft byelaws for the four highest priority sites: the Canyons, Dogger Bank, Inner Dowsing, Race Bank and North Ridge, and South Dorset. We can use the new measures to really protect the seas in a much more meaningful way than was ever possible before. The MMO is reviewing a response to that consultation. We have an ambitious three-year programme for assessing sites and implementing byelaws to manage fishing activity in all the offshore MPAs by 2024. I hope the shadow Minister sees that we are acting on the whole area of marine recovery, especially around our own shores.

I am delighted to announce that the Government response to Lord Benyon’s review into highly protected marine areas is published today. The Government welcome the report and accept the central recommendation that we take forward some pilot sites in English waters. We will identify the locations, and the first will be designated by the end of 2022. I hope that reassures the hon. Member for Bristol East, who asked about that. By setting aside some areas of sea with high levels of protection, MPAs will allow nature to recover to a much more natural state, allowing the ecosystem to thrive in the absence of damaging activities. It will be about a balance—supporting sustainable industries in the marine environment while increasing marine protection.

I was very interested to hear about the no-take area around the Isle of Arran mentioned by the hon. Member for North Ayrshire and Arran (Patricia Gibson). I have to take slight issue, though, in that the very first no take zone designated was actually Lundy, an island not far off the Bristol coast. When I was an environment correspondent for ITV and HTV, a couple of my greatest memories were of going to Lundy to report on the nature and the wildlife there, but also on the terrible disaster—hon. Members might remember it—when the Sea Empress crashed off the coast of Wales and the oil went towards Lundy, which is a world heritage island. However, it is great that we have these areas, and that they serve as models.

There was a reference to the potential value of highly protected marine areas for blue carbon, and a really strong message was given by my hon. Friend the Member for Ynys Môn (Virginia Crosbie). She paints such a great picture of her constituency, and I would love to come and see those seahorses breeding—how absolutely wonderful. Yes, there is potential in all of those things, and they are all areas that are coming under our microscope.

A number of hon. Friends and other hon. Members mentioned marine planning, and we heard very clear, eloquent points about its complexities from my hon. Friend the Member for Waveney (Peter Aldous). This year, we will publish the final four marine plans, building on those already in place in the south and east of England, Scotland and Wales. That will mean that, for the first time, we will have a complete set of plans covering English waters, and those marine plans will provide a transparent framework that will enable us to manage competing demands in an evidence-based way. As was highlighted by a number of colleagues, evidence and science are crucial, and we have to use them in a way that protects the marine environment while supporting sustainable development, such as offshore wind.

I must point out for clarity that the definition of “natural environment” in the Environment Bill does include the marine environment, so everything in there also relates to this area. I also wanted to assure the shadow Minister, the hon. Member for Sheffield, Hallam, that we will be setting the species abundance targets by 2022, in line with the dates set for all of the other targets that we have a legal duty to set.

Penultimately, I am going to touch on sustainable fishing, because that issue is so important. As has been said, fishing is part and parcel of our lives around this coast. The Fisheries Act sets out a legally binding framework to protect and recover stocks, support a thriving, sustainable fishing industry, and safeguard the marine environment. As my hon. Friend the Member for Waveney said, it is so important to engage the fishing industry about this new world for ocean recovery. As set out in the recently published action plan for animal welfare, we will also bring in legislation to ban the import and export of detached shark fins. The UK is also already using its status as a newly independent member of several regional fisheries management organisations to press for sustainable management of international fisheries. That includes supporting robust action to protect vulnerable marine species such as the northern Atlantic shortfin mako shark through the International Commission for the Conservation of Atlantic Tunas and yellowfin tuna through the Indian Ocean Tuna Commission. I think I have demonstrated that we are seizing all opportunities to get involved in this space, both domestically and internationally.

I have a second to touch on the subject of deep-sea mining, which was raised by the hon. Member for Bristol East. We have agreed not to sponsor or support the issuing of any exploitation licences for deep-sea mining projects until there is sufficient scientific evidence regarding the impacts on ecosystems and until strong, enforceable standards are developed by the International Seabed Authority. I think that gives reassurance on the important points she raised.

To conclude, we have heard some tremendous speeches, showing that we have so much in common on this issue. Our attention is rightly focused on ocean recovery on World Oceans Day. We have the power to do something about our oceans, as David Attenborough has been quoted as saying. I hope I have demonstrated that the Government are using their powers. I also hope I have given assurances, especially to the shadow Minister, the hon. Member for Edinburgh North and Leith (Deidre Brock), who was somewhat negative on that point. I have laid out a raft of measures to show that we are taking urgent action. Everyone will agree that this is a crucial time to act—in this, the super-year for the ocean.

Environment Bill

Rebecca Pow Excerpts

Report stage & 3rd reading
Wednesday 26th May 2021 Commons Chamber

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

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

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment (a), in subsection 2(a)(ii), leave out “instead of” and insert “in addition to”.

Amendment (b), in subsection 2(a)(b), leave out “instead of” and insert “in addition to”.

Government new clause 22—Habitats Regulations: power to amend Part 6.

New clause 2—Assessment of Plans—

‘(1) The Conservation of Habitats and Species Regulations 2017/1012 are amended as follows.

(2) In Regulation 63 (Assessment of implications for European sites and European offshore marine sites) the following are amended—

(a) in paragraph (1) for “must” substitute “may”;

(b) in paragraph (3) for “must” substitute “may”;

(c) in paragraph (4) for “must” substitute “may”;

(d) omit paragraph (5) and insert “In the light of the conclusions of the assessment, and subject to regulation 64, the competent authority may take the assessment into account in deciding whether it will agree to the plan or project”; and

(e) in paragraph (6) for “must” substitute “may”.”

New clause 4—Protected species: Hedgehog—

‘(1) The Wildlife and Countryside Act 1981 is amended in accordance with subsection (2).

(2) At the end of Schedule 5 (Animals which are protected) insert—

[Rebecca Pow]

What a pleasure it is to be back to continue our consideration of this vital legislation, which will set us on a sustainable trajectory for the future. I know that so many colleagues have been looking forward to today with great anticipation, as indeed have I.

Although the journey of this Bill may have seemed a little lengthy, I assure the House that we have not been resting on our laurels. During this time, there has been a huge amount of constructive, dedicated work, and I will outline some of it: a draft environmental principles policy statement, which will guide the Government in applying environmental principles, was published for consultation on 10 March; and on 24 March we launched consultations on the deposit return scheme and the extended producer responsibility scheme for packaging, and these are two key initiatives in the resource and waste measures of the Bill.

We are working at pace to ensure that the Office for Environmental Protection will be operationally ready to stand up as soon as the Bill receives Royal Assent. We have also announced that new measures to reduce the harm from storm overflows on our precious aquatic environment will be added in the other place.

At this point, I pay tribute to my right hon. Friend the Member for Ludlow (Philip Dunne) for his dedicated work on this issue. It has been a tremendous joint effort.

[Catherine West (Hornsey and Wood Green) (Lab)]

Will the Minister also pay tribute to Surfers Against Sewage, which has done a marvellous job of lobbying and achieving a great outcome?

[Rebecca Pow]

I am pleased the hon. Lady made that intervention, because of course I would like to pay tribute to Surfers Against Sewage, which has played a key role in all this for such a long time. Coming from the south-west, as I do, I very much know about the good work done by Surfers Against Sewage.

Today we are debating the nature parts of the Bill, which provide a framework of measures to support nature’s recovery in line with the ambition set out in our 25-year environment plan.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

The Minister will know that England lags significantly behind the other countries of the UK on tree planting to help tackle climate change. She will also be aware that there is no ring-fenced component to the nature for climate fund for innovative, green-minded local authorities, such as my own in Harrow, to put in bids so that we, too, can play our part in increasing tree coverage.

[Rebecca Pow]

As the hon. Gentleman will know, or I hope he knows, we launched our tree action plan just last week. It sets out the raft of measures we will use to enable us to plant our commitments and target on tree planting, which is 30,000 hectares by the end of this Parliament. There are measures in the action plan, and we have allocated £500 million from the nature for climate fund, so I would say there is a huge commitment to tree planting in this country.

[Bob Seely (Isle of Wight) (Con)]

Will my hon. Friend give way?

[Rebecca Pow]

I am going to continue.

The Bill also contains a coherent package of new duties, tools and support to drive improvement for nature: a 10% biodiversity net gain requirement on new development; a strengthened duty on all public authorities to conserve and enhance biodiversity—they will be able to do a lot of the tree planting mentioned by the hon. Member for Harrow West (Gareth Thomas); local nature recovery strategies, which will form the building blocks for a much wider national nature recovery network; species conservation strategies and protected sites strategies to improve conservation outcomes for habitats and species; targeted measures to protect existing trees and plant new ones—back to trees again; and due diligence requirements to prohibit larger UK companies from including forest risk commodities in their supply chains.

[Jim Shannon (Strangford) (DUP)]

Will the Minister give way?

--- Later in debate ---

[Rebecca Pow]

I always give way to the hon. Gentleman.

[Jim Shannon]

The Minister is always very kind, which I appreciate very much. Amendment 41 would give enforcement powers to councils and local bodies with responsibility for planning to ensure that no illegal tree felling is allowed. Do the Government intend to support that amendment? I believe that the Minister and I both love trees and want to see plenty of them. Will that happen?

[Rebecca Pow]

If the hon. Gentleman stays in the Chamber, he will hear what I say about trees—

[Mr Speaker]

He doesn’t want to leave.

[Rebecca Pow]

Of course he doesn’t, Mr Speaker, and he won’t be able to now. I hope he will be pleased by what he hears about what we are doing to protect trees.

Finally in this toolbox of measures to improve nature, we have conservation covenants to protect natural features of the land for future generations. Just last week, we announced a raft of significant measures to further deliver for the environment, and I am absolutely delighted to say that we have committed to an historic new, legally binding target on species abundance for 2030, which aims to halt the decline of nature in England. We will table an amendment on that in the other place and we will set a final target in statute following the agreement of global targets at the UN conference on biodiversity in Kunming, in China, in autumn 2021.

It is essential that we seize this opportunity to set our ambitions high and take action to deliver them. I think it is clear in the Bill that we are doing that. That is why, in addition, I am pleased to propose two Government new clauses today—new clauses 21 and 22, which will not only help us halt the decline in species but drive recovery. New clause 21 provides for a power to refocus the Conservation of Habitats and Species Regulations 2017 to ensure that our legislation adequately supports our ambitions for nature, including our new, world-leading 2030 target to halt the decline of species. New clause 22 will allow us to amend part 6 of the 2017 regulations to improve the habitats regulatory assessment process. Where the evidence suggests that amending the regulations can improve the natural environment, make processes clearer and provide more legal certainty, to help improve the condition of our sites, we will have the means to do so swiftly.

[Theresa Villiers (Chipping Barnet) (Con)]

Will my hon. Friend give way?

[Rebecca Pow]

I will give way to my right hon. Friend, a former Secretary of State for Environment, Food and Rural Affairs.

[Theresa Villiers]

The Minister is very kind in giving way. Will she assure the House that the Government’s determination to restore peatlands will be an important part of meeting their new 2030 commitment on species conservation?

[Rebecca Pow]

I thank my right hon. Friend for giving me the opportunity to mention our peat action plan, which was launched just last week. Restoring our peatlands is a crucial part of improving nature. It is essential that we get the 30,000 hectares that we have pledged to restore restored. We have the funding and measures behind it to enable us to do that.

The hon. Member for Brighton, Pavilion (Caroline Lucas), who I do not see in her place in the Chamber—

[Mr Speaker]

She is online.

[Rebecca Pow]

Okay—I will look up at the video screens. The hon. Lady will say that we need to lock in the protections of the habitats and wild birds directive as they are now, but if we are to deliver on our ambitious new target and reverse the downward trend of recent decades, we need to change our approach, and we need to change it now.

Now that we have the leading framework and targets set out in the Bill, we need to take responsibility for delivering the change needed to achieve our world-leading environmental ambitions. We need to create space for the creative public policy thinking that can help us to deliver those results. To that end, we have designed the new Government amendment with the specific aim of conserving and enhancing biodiversity. Under new clause 21(10), the power to amend regulation 9 can come into force only from 1 February 2023, once we have set the biodiversity targets and conducted the first review of the environmental improvement plan, as provided for in part 1 of the Bill. We have also been explicit that powers can be used only if they do not reduce the existing level of environmental protection. We will closely consult conservation groups, the OEP and others.

The clause will also require us to explain to this House how the use of the power would maintain the level of environmental protections provided by the Habitats and Species Regulations before any regulatory changes are made, and of course the House will have the opportunity to vote on any reforms. In addition, my colleague Lord Benyon will also chair a small working group, comprising myself, Tony Juniper, the chair of Natural England, and Christopher Katkowski, QC, which will gather information on how we might utilise the powers enabled through our Government amendments. We will have our first meeting before the summer recess. The group will consider the technical detail and will gather evidence from experts and stakeholders. The Green Paper will then offer a further opportunity for stakeholders to feed back on the initial proposals for reform. We will consult the new OEP on any proposals we develop before any regulatory changes are made.

On habitats protection, my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), whom I am so pleased to see in his place, is right to raise the important issue of the protection of species such as the hedgehog. We all love a hedgehog, don’t we? I have released lots of rescued hedgehogs into my garden. The existing legislation focuses on deliberate harm against species, which, on its own, does not properly address the real challenges faced by species whose numbers are declining, such as the hedgehog. It is a priority for us to provide the legislative protections and policy interventions needed for our wildlife, including for declining species such as the hedgehog, and to deliver our 2030 target on biodiversity. He will therefore be pleased to learn that I have instructed my Department, as part of our Green Paper, to begin a review of this legislation, with a view to enhancing and modernising it. We intend to publish and seek views on our conclusions in the Green Paper later this year, and I give him an absolute commitment that this work will encompass the issues that he has raised and that I know he will be speaking about today, and that the final outcomes will ensure that we provide the kind of support that is desperately needed to reverse the decline in hedgehog numbers. I thank him in advance for championing this cause, because the hedgehog needs a champion.

Along with climate change, biodiversity loss is the defining challenge of our generation. Ensuring our protected sites can be restored to good condition, functioning properly as reservoirs for wildlife, and protecting our most vulnerable habitats and species is crucial to delivering on our environmental ambitions.

[Bob Seely]

I congratulate the Minister on seeking to improve that Bill, as that is excellent. Four amendments have been tabled—two by me, one from my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and one from my right hon. Friend the Member for Basingstoke (Mrs Miller)—that address specifically tree preservation orders, more protections and closing loopholes for sites of special scientific interest. Will the Government listen closely to those amendments? If they think they are worthy of support, as I think they are, will they please incorporate them or ensure that they are incorporated in the other place?

[Rebecca Pow]

I thank my hon. Friend for that. I know that there are a lot of strong advocates for trees. We have some very strong measures in the Bill, as I hope he will already know—we have worked very hard on our tree protections. We believe that they, in conjunction with our tree action plan, mean that we have very strong measures for trees, but, obviously, we are always open to hear what colleagues have to say, because we have to look after and indeed increase our tree planting.

As I was saying, our ambition goes much wider than just existing protected sites; we want to see a much more abundant nature-rich Britain, with further action to bend the curve on species loss in this country. These powers to redesign our conservation regulations with these ambitions in mind form part of our plan to restore and enhance nature in this country. It is a must do, and we will do it. I commend these amendments to the House.

[Mr Speaker]

Before the shadow Secretary of State rises to speak, let me remind Members that the time limit on Back-Bench speeches is four minutes, as we have a lot of interest in this important Bill.

--- Later in debate ---

[Wera Hobhouse (Bath) (LD)]

We cannot continue to take nature for granted. This pandemic has highlighted the importance of nature for our physical and mental wellbeing. It has also exposed the inequalities that exist, as so many families do not have close and easy access to open green space. The UK is one of the most nature-depleted countries in the world: 14 of 24 biodiversity indicators show long-term decline; 41 of the UK’s species have declined, with 15 at risk of extinction; and 0% of England’s waters are now classed as in good health, compared with 16% in 2016.

The Government have failed on nearly all the UK’s commitments on nature made in 2010. They have failed on the health of our rivers, lakes and streams. We must take every opportunity to address the UK’s ecological crisis without delay. We need a strategy for doubling nature. The Environment Bill is an opportunity to do just that, but it needs to be much stronger. As it stands, the duty to use local nature recovery strategies is much too weak. I urge colleagues on both sides of the House to support amendment 29, which was tabled by my hon. Friend the Member for Richmond Park (Sarah Olney). This amendment would give teeth to the local nature recovery strategies, because it ensures that biodiversity will be embedded in all public authority decision making. Like climate action, biodiversity gains begin at home. Liberal Democrat councils across the country are fighting to do just that.

There are very simple things that can help. In Bath and North East Somerset, for example, we have introduced a strategy whereby we just do not mow grass verges in order to allow flowers and blooms to spread. Local authorities are best placed to understand the needs of their communities and landscapes, and we must give them the powers and resources they need to help the UK to tackle its nature emergency.

[Rebecca Pow]

I thank all hon. Members who have tabled amendments. However, the shadow Secretary of State, the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), in his tirade at the beginning seemed totally unaware of just how many measures this Bill will introduce to look after and protect our environment, the countryside and nature. It truly is a landmark Bill. I will give him some quotes from environmental non-governmental organisations just last week: Greener UK said this was a “watershed moment for nature”; the RSPB applauded us for taking this “ambitious step”; and Countryside Link called this

“a tremendously important milestone toward world-leading environmental law”.

I think the shadow Secretary of State has been under a stone like some rare species. I would like to drag him out into the light so that he is able to appreciate what we are doing, like so many colleagues here today who have all grasped it, including my hon. Friends the Members for Hertford and Stortford (Julie Marson), for North Norfolk (Duncan Baker), for Rushcliffe (Ruth Edwards), for Derbyshire Dales (Miss Dines), for Truro and Falmouth (Cherilyn Mackrory), for Ynys Môn (Virginia Crosbie), for Stroud (Siobhan Baillie), for Warrington South (Andy Carter), for West Aberdeenshire and Kincardine (Andrew Bowie) and for Keighley (Robbie Moore).

I do not have much time, but I am going to touch on as many points raised in this debate as I can. I ask Members please to come and see me if I have not managed to address their points. I turn first to amendment 22, which is in the name of the hon. Member for Newport West (Ruth Jones). Setting a minimum duration in law would deter developers and other landowners from offering land for habitats. Furthermore, this amendment would risk creating permanent obligations to maintain particular types of habitat that may not be resilient to future ecological or climate changes.

I thank my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) for applauding our nature target, and totally agree that international action is imperative so that we show that we are leading the way, particularly with the CBD.

I turn to new clause 16. I can reassure my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) that the Environment Bill lays the foundations for environmental protection that will be supported by the Planning Bill. Our planning for the future White Paper reiterates our strong commitment to biodiversity net gain. I also reassure her that in line with our manifesto commitment, existing policy for greenbelt protection will remain.

Amendment 29 would risk limiting the decision-making direction of public authorities with regard to local nature recovery strategies. It would be unreasonable for national bodies such as Network Rail or Highways England to be required to comply with many strategies. In fact, this amendment could, perversely, result in lower environmental ambition.

My right hon. Friend the Member for Basingstoke (Mrs Miller) rightly brings the issue of illegal tree felling into this debate through amendment 41. The Bill does provide a deterrent to the illegal felling of trees by introducing unlimited fines and making tree restocking orders a local land charge. It will close a loophole raised by so many Members, including my hon. Friend the Member for Isle of Wight (Bob Seely).

I turn to the tree strategy in particular and new clause 25. I am pleased to report to the House, as I have already mentioned a number of times, that we launched our trees action plan just last week, and that renders this new clause completely unnecessary.

Let us turn now to hedgehogs, of course. I keenly support the intention of new clause 4, which was tabled by my right hon. Friend the Member for Epsom and Ewell (Chris Grayling). Although I cannot accept the amendment, I hope that he is reassured by the commitments I made earlier. I fully reiterate his comments about the importance of habitats. My hon. Friend the Member for Stafford (Theo Clarke) also rightly raised the issue of hedgehogs.

New clause 2 would significantly reduce existing protections and remove the duty on decision makers to reject plans or projects that could harm protected sites.

I must touch on the due diligence clause mentioned by so many people, including the hon. Members for Bristol East (Kerry McCarthy), for Blaydon (Liz Twist) and for St Albans (Daisy Cooper). The Environment Bill will benefit nature not just abroad, but internationally.

On amendments 26 and 27, I completely agree with my hon. Friend the Member for Tiverton and Honiton (Neil Parish)—happy birthday, by the way—that deforestation must be tackled if we are to achieve our climate and biodiversity targets, and legality is at the heart of our requirements.

In conclusion, new clauses 21 and 22 introduce powers that will restore protected sites to good condition and they are critical for the Government. This Government are clear about their commitments on the environment, and I hope I have been able to assuage the concerns of all Members who have tabled amendments today.

Question put and agreed to.

New clause 21 accordingly read a Second time, and added to the Bill.

--- Later in debate ---

[Jim Shannon]

Thank you, Madam Deputy Speaker. It is not often that four speakers ahead of me drop out; does that mean that I have 20 minutes to speak? I know the answer to that—you don’t have to tell me.

I am really pleased to speak on a matter of such importance. We have to get this right from the outset. I welcome the commitment of the Minister and the Government to the Bill. I was extremely pleased to see enhanced measures in the Queen’s Speech, as anything that we can do to enhance the impact of the Bill is welcome.

We have a responsibility to the generations that follow to be the gatekeepers—to instil in them a passion for our environment and a duty to be the best we can, even if it means that life is a little bit tougher. Whether our rubbish sorting takes longer, whether we spend longer at the recycling centre or whether we must leave goods to a local charity shop, we must all play our role. I remember very well when my council went into recycling and many people objected to it—probably just for the sake of objecting—but today every one of us energetically and physically recycles all the products in our house: everything that should be, in the blue bin; glass in the glass bin; the grey bin for the ordinary stuff that we had before; and the brown bin for the stuff that goes elsewhere.

I want to ask two questions. The Government’s role is to provide a Bill that enforces statutory obligations and bodies, and I support them in that aim. I was contacted by the Law Society, which has raised some concerns in reference to clause 22 that I wish to outline. It says that the appointments process for the chair and non-executive members should be strengthened so that the Secretary of State does not have sole authority over appointments. The Law Society welcomes the proposed OEP, which must play a central role in ensuring that institutions and organisations, including Government Departments, meet their environmental responsibilities. In order for the OEP to be effective in fulfilling this role, it is essential that it is fully independent from the Government.

The Government have stated that they intend the OEP to be an independent authority that is capable of holding the Government to account. If that is the case, it is exactly what the Law Society wishes to see; however, the Law Society is concerned that certain provisions for the OEP in the Bill could impinge on its independence and potentially undermine its ability to carry out its functions effectively. Will the Minister say whether issue has been addressed to the Law Society’s satisfaction?

Next I wish to speak about an issue that has not come up yet—well, it has come up in respect of the introduction, but my suggestion has not. I do not expect the Minister to endorse my request right away. It is an unusual request but one in respect of which my local council back home has brought in a pilot scheme, and I feel it is important. The carrier bag scheme run by the Government here and all the regional Governments was exceptional and it has done great stuff. It brought in a revenue fund that could then be used for different projects across the whole area.

I have a genuine request to make, on behalf of constituents who have spoken to me, for a scheme for the use of single-use nappies. I bring this request forward because of the figures, which show that around 3 billion single-use nappies are thrown away annually in the UK, costing local authorities some £60 million per year. I have three grandchildren under the age of two, so perhaps my two daughters-in-law are in that category. As we know, the vast amounts of raw materials used for production and disposal means that the life-cycle of a nappy can generate as much CO₂ as 15,000 plastic bags and around half a tree in fluff pulp per child.

I bring this request forward because reusable nappies use 98% fewer raw materials and generate 99% less waste. They deliver savings of more than £1,000 for parents. My local council back home, Ards and North Down Borough Council, brought in a pilot scheme. Is it possible that by providing starter packs to parents, we may be able to encourage those who are able to do so to take up this way of helping the environment? We could use this legislation to encourage the Government, the regional Governments and others to provide the funding packages to encourage the use of reusable nappies for those who want to do it but do not know how and when to start that journey. It might not be something that the Minister can do today, but perhaps she can give us some encouragement that it might happen.

[Rebecca Pow]

I again thank all Members who tabled amendments and who contributed to this afternoon’s debate, demonstrating yet again the strength of feeling and the desire to improve and enhance the environment through this landmark Environment Bill. I can only say that I was slightly disappointed that the shadow Minister, the hon. Member for Newport West (Ruth Jones), did not quite seem to grasp the Bill’s intricacies, which together will provide such a framework to protect the environment, but I know, because she was a great Committee member, that in her heart of hearts she really does support the Bill.

I thank my hon. Friend the Member for South West Bedfordshire (Andrew Selous), who raised many issues that which will be tackled in the Bill, not least through the electronic tracking of waste. I hope that my hon. Friend the Member for Southend West (Sir David Amess) welcomes the nature target that we have just announced and the measures on biodiversity net gain, all of which will help to achieve the things he is so proud of and pushing for. I thank the hon. Member for Leicester East (Claudia Webbe) for her comments. I assure the hon. Member for Strangford (Jim Shannon) that we are indeed exploring reusable nappies. I certainly used them for one of my children and we are looking at their use, so I thank the hon. Gentleman for his suggestion.

Let me turn to new clause 12, on shale gas extraction. The Government set out their position in full via a written statement to the House on 4 December 2019. The Government will take a presumption against issuing any further hydraulic fracturing consent. That sends a clear message to the sector and to local communities that, on current evidence, fracking will not be taken forward in England. The moratorium will be maintained unless compelling new evidence is provided that addresses the concerns about the prediction and management of induced seismicity. Such evidence has yet to be presented and the moratorium remains. I thank my hon. Friend the Member for North East Derbyshire (Lee Rowley) who, with all his knowledge, spoke with such authority on the subject. I could not have put the case better myself. He stressed what a game the Opposition were playing in tabling the new clause.

On new clause 19, tabled by my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), and new clause 28, tabled by my hon. Friend the Member for West Dorset (Chris Loder), although we are sympathetic to the principles of the sustainability of labelling, existing voluntary schemes already provide consistent and recognised tools that consumers can use to reduce their environmental impact when purchasing food.

However, I would like to give assurances that we are working with industry and the Competition and Markets Authority on plans to produce guidance to businesses on how best to improve their transparency in relation to claims about environmental impact. We will also investigate opportunities to review other aspects of food labelling when we have the outcomes of Henry Dimbleby’s independent review of the food system in the early summer and then the food strategy White Paper from the Government within six months.

Walley’s Quarry: Response of the Environment Agency

Rebecca Pow Excerpts

Wednesday 19th May 2021 Commons Chamber

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

As ever, it is a pleasure to see you in the Chair, Madam Deputy Speaker. I congratulate my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) on securing this debate and thank him for his ongoing work on this issue, which he has been assiduous about in every respect, be it on his website, with his surveys, which we have heard all about, on social media, and in liaising with all those involved and the press. Indeed, he has kept me well informed throughout. I have listened to what he has been saying and had a good look at that survey. I fully sympathise with local residents who have been suffering in the way that he outlines. He painted a very clear picture of what many people have been going through, as have other hon. Friends here tonight.

No landfill will ever be completely odour-free, but odour arising from such operations should not cause serious offence. The environmental permitting system operated by the Environment Agency is there to regulate the waste sector in England. It issues permits, which include requirements for odour management plans, as my hon. Friend knows. The EA sets out guidance on how odour monitoring should be carried out and the required competency of staff and equipment to be used when determining a permit application. The EA considers the proximity of the proposed activity to local residents and sets permit conditions accordingly. Local authorities draw up local plans to identify potential sites for waste facilities and then deal with relevant planning applications. Determination of applications takes account of likely impact of activities, including cumulative impacts on the local environment, communities and the economy.

This landfill site, operated by Walley’s Quarry Ltd, previously known as Red Industries, as has been pointed out, which bought the site from Lafarge in 2016, was given planning permission in 1997 through the call-in process, admittedly in the face of local opposition. At some point, material, possibly unpermitted plasterboard waste, was deposited which is now causing significant odour problems by emitting hydrogen sulphide gas. I think we all remember what that smells like from our chemistry lessons at school. It is the rotting egg smell.

On the EA’s enforcement powers, where an operator is not complying with their permit and there are issues of poor performance, the EA has a series of options at its disposal, from offering advice, guidance, civil sanctions, stop notices, suspension and revocation of the permit. Monitoring odour levels from a landfill is challenging. There are no numerical limits for odour of particular gases in landfill permits. That is due—I asked about this in particular—to the variability of gas composition and how it disperses. The EA, therefore, uses a condition in environmental permits that is based on offence to the senses. The odour is assessed by the level of offence it causes to the EA officer. To demonstrate non-compliance, an EA officer receiving a report of odour will attend the location, confirm the odour is actually coming from the site, and assess whether the site is complying with its odour management plan or doing something that is contrary to best available techniques—that is, the equipment used. This approach has evolved over a number of years following prosecutions and case law derived from those cases. If non-compliance is confirmed, EA officers can take action in line with its enforcement and statutory policy.

In terms of this quarry, as I said, I have huge sympathy for the thousands of residents who have raised complaints. The EA has an absolute priority to reduce odour from the site and it has been working with local partners, including my hon. Friend—I think he will admit that—and the whole community, to sort out the situation. Undoubtedly, the problem has got a lot worse in recent months. From air quality monitoring data from 2017, 2018 and 2019, no World Health Organisation guidelines were exceeded and annoyance levels were only exceeded for about 1% of the time. While EA site visits and monitoring increased in that time, no significant compliance issues were found. However, when complaints escalated significantly in December 2020—my hon. Friend was assiduous in pointing this out—the EA’s activity monitoring at the site did increase. It made 17 visits and nearly 50 odour assessments, so I do not think it is right to suggest that it has not done what it should have done. It has put in a great deal of work. Significant non-compliance issues have been identified and the enforcement notice was issued in March. The EA is using its regulatory powers to the full and complies with the regulators’ code. Four air quality monitoring units have now been installed close to the site and are taking measurements; they will be there at least until the end of August.

The EA is working very closely with Public Health England to understand the health impacts. Data monitoring will obviously be crucial. Public Health England is assessing the situation against World Health Organisation guidelines, looking at the potential health risks. My hon. Friend mentioned the 24-hour period from 7 to 8 March when the concentrations of hydrogen sulphide exceeded the WHO’s 24-hour health-based guidelines. However, Public Health England stated that the analysis

“does not indicate any serious impacts to long-term physical health”,

but fully accepted that

“some people may experience…nausea, headaches or dizziness.”

It recognised that

“persistent, unpleasant odour can affect people’s mental wellbeing”,

which my hon. Friend referred to, and that it can cause stress and anxiety, which is completely understandable—a lot of these points are highlighted in my hon. Friend’s survey. At the moment, air quality monitoring shows that, although the levels of odorous gas around the site are not exceeding the WHO health-based limits, they do regularly exceed the WHO annoyance guidance limits.

I take my hon. Friend’s survey seriously. I also want to flag up that the local authority and Public Health England are now conducting a formal health survey, which I think will be very useful for building that evidence: they can look at my hon. Friend’s survey and add their own data. Details are on the website, and any local resident is encouraged to take part. I think that that will be helpful.

The EA’s enforcement notice, which was issued to the company in March, required it to cap the site with a harmless material to reduce the gas escaping. That was completed within the timescale required. The EA has also required the operator to install further gas management equipment, such as a flare to burn off gas, which is actually being tested this very week. It is assessing a new odour reduction plan and a surface emissions report, which the company is being required to produce. New gas extraction wells have also been installed, so my hon. Friend will agree that a great deal of work is ongoing and it should start to reduce the odours over the next few weeks. It does take a bit of time—it is not instant—so I urge him to give it a bit more time.

In addition, although the operator is now accepting waste, following its voluntary suspension in March, the EA is now actively auditing the waste supply chain to the site to check what is going in. Only waste that is in accordance with the permit is being deposited. The operator has agreed to check every load; indeed, six loads have been stopped and rejected. That is a welcome measure to try to stop any further gas-producing materials such as gypsum getting into the site.

It is quite clear that the levels of H₂S, which is usually a minor gas coming out of landfill sites that disappears after a while, are exceptional on this site—that is without doubt. The EA is assessing the evidence from the site to consider what else it could do. It also has a national project under way to better understand the effects that hydrogen sulphide materials such as plasterboard are creating when inappropriately deposited in sites.

I hear my hon. Friend’s vociferous calls for operations to be suspended at the site, but, actually, that would not secure the reduction in the odour of the gas. The changes to the gas management being made at the moment by the operator, overseen by the EA, are the things that ought to help to reduce the gas. The EA’s priority is to reduce the gas, hold the operator to account and bring the site back into compliance.

The EA wants to continue to update its dedicated website on the site. I have looked at all the material that the EA shares with locals. I think my hon. Friend would admit that it has worked very hard on that messaging, and it will continue to do that. That is really important to engage the local community. I am aware that, unfortunately, there has also been some intimidating behaviour towards EA staff and I urge respect where everyone is working together.

I am going to get to my closing remarks—

[Madam Deputy Speaker (Dame Eleanor Laing)]

I have to stop the Minister. It would be useful if she has a final sentence. We are past the time allowed, but it will be somewhat inconclusive if she cannot give her final sentence.

[Rebecca Pow]

Apologies, Madam Deputy Speaker. I thought I had until 8.6 pm—I was carefully watching the clock.

I will just summarise. I thank my hon. Friend for his assiduous work. I am keeping my eye on it. We are holding their feet to the fire; we have to reduce the odours from this site. Thank you for your time, Madam Deputy Speaker, and I will continue to have a really close look at what is going on at this site.

Question put and agreed to.

Independent Reservoir Safety Review Report

Rebecca Pow Excerpts

Thursday 13th May 2021 Written Statements

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

Today I am publishing Professor David Balmforth’s review into the application of current legislation for reservoir safety which considers whether the regulation of reservoirs remains effective and robust in securing the ongoing safety of this critical infrastructure. This review follows Professor Balmforth’s initial report into the lessons that could be taken from the Toddbrook reservoir incident, where parts of the spillway collapsed following significant heavy rainfall.

I thank Professor Balmforth, and all those who contributed, for a comprehensive assessment of the current reservoir safety framework, and his further recommendations for improvement.

Key findings

The report recognises that there is already a well-established regime to manage the safety of our reservoirs, and that the legislation that supports it is well understood by all those involved, with high levels of compliance. It recognises that many reservoirs have appropriate surveillance, operation and maintenance but the report raises concerns that this is not applied consistently across the industry as a whole.

The report found that both the legislation and industry practice has not always kept pace with the risk-based approach adopted for health and safety in other industries, resulting in a potentially disproportionate approach for measuring risk. Professor Balmforth also found that not all reports received from engineers were clear or well understood by owners and operators, which may be leading to delays in repairs, and/or ongoing regular maintenance at some sites.

The review highlights that the regulator for reservoir safety, the Environment Agency in England, has limited opportunity to quality-assure the overall processes and procedures, which is a key role of other regulators.

The role of panel engineers is central to ensuring all our reservoirs are managed and maintained to minimise risk to public safety. This report finds that while the appointment process ensures competent and capable individuals are in these roles, improvements could be made in respect of the current fragmented approach and leadership for ongoing development and knowledge sharing. There is concern that the supply of appropriately qualified and experienced engineers for the future may not keep pace with need.

Recommendations

Examples of good practice from across the reservoir industry, other regulated industries and international experience have been used to inform a set of comprehensive and interlinked recommendations for both Government and the industry to consider.

The recommendations include:

Seven recommendations (or parts thereof) that relate directly to developing a reservoir safety regime through a risk/hazard based approach

Five recommendations (or parts thereof) relating to panel engineer and owners roles and responsibilities

Three recommendations (or parts thereof) in respect of panel engineer supply and/or ongoing development of the engineers and/or owners

Six recommendations to strengthen the role of the regulator (Environment Agency) including new responsibilities, duties and powers

One recommendation for Government to consider the legislative framework in the round

I welcome these recommendations, and their potential to further strengthen how Government and the reservoir sector itself can embed and secure an effective safety culture. While some of the ideas and recommendations can, and indeed must, be taken forward by the industry itself as good practice now, others will likely require legislative changes.

DEFRA will take forward detailed work, including with the industry, to explore these recommendations further. This will ensure we have a reservoir safety regime that is fit for the future, without disproportionate burden on those responsible.

Alongside this review, Government have taken action to further strengthen reservoir safety, including making it a statutory requirement for registered reservoirs to prepare on-site emergency flood plans. I have issued a direction to this effect to all undertakers of large raised reservoirs in England. This will ensure that those responsible have plans in place and are prepared to mitigate and/or manage an emerging or actual emergency that could result in an uncontrolled release of water. Thankfully such incidents are very rare in this country, but the experience from Toddbrook clearly demonstrates how important this preparation is.

[HCWS17]

Air Pollution: London

Rebecca Pow Excerpts

Tuesday 27th April 2021 Westminster Hall

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

It is a pleasure to see you in the Chair, Mrs Murray. I thank all hon. Members for taking part in the debate and thank the hon. Member for Twickenham (Munira Wilson) for securing it. Like her, I have a great interest in the issue, as do all of us who have spoken today. We know that air pollution is the single greatest environmental risk to human health. Although air pollution has reduced since 2010—there is no doubt about that—there is a lot more to do. That is why we have a clear ambition and policy agenda to improve air quality, backed up with significant investment.

The hon. Lady made many points about how to tackle air pollution and the issue of air quality, but it seemed quite clear that she is perhaps not aware of how much is going on and how much the Government are putting in place, backed by funding. We are taking this matter extremely seriously, which I hope to make clear in the debate. Of course, we never accept that there is not more to do. On that issue, many of the measures being introduced in the hon. Lady’s constituency come from funds that the Government have set up and allocated, particularly to local authorities. We should recognise that.

I want to refer early in my speech to the case of Ella Kissi-Debrah. We have all referred to it and we are all aware that the prevention of future deaths report was published last week. We will be considering it extremely carefully, looking at the recommendations and responding in due course. As ever, my thoughts and all our thoughts are with the family. We referred to that this morning in our debate.

I have met with Ella’s mum and really value her views and comments, and ideas that we can work on together. To be honest, the inquest was a horribly stark reminder of the impact that air quality can have on our families. It brought the issue right to our back door. I have a son who had chronic asthma as a child, and eczema—they are all related—so it is something I am aware of. I will cover the target setting a bit later, but I want to stress that we will put health centre stage and there will be a strong focus on people’s exposure to pollution, in particular the more vulnerable. That matter was referenced especially by the hon. Member for Ealing, Southall (Mr Sharma).

I was interested in the responses to the digital engagement survey as well, and I have met many of the health charities to which the hon. Member for Twickenham referred—the British Lung Foundation, the British Heart Foundation and Asthma UK. We are working with all of them to ensure we get things right.

I will now turn to London, because the debate is about London. I am aware of the air quality issue not only in our capital city, but in other cities and towns across the country. We can all agree that London is a large and vibrant city that faces its own unique challenges in tackling air pollution. However, our programme of action will improve air quality here in London, as it will elsewhere.

It is important to highlight that the Mayor of London is responsible for air quality in the capital. He has received funding from central Government to implement measures to improve air quality as part of the 2015 £5 billion transport funding settlement. In addition, London has received further funding for specific projects totalling almost £102 million, including more than £10 million in 2019 to clean up London’s buses, and £530 million has been available for plug-in grants up to 2023, as well as favourable benefit-in-kind tax rates for zero emissions.

The hon. Member for Twickenham raised the issue of clean buses. I think she will agree that an awful lot is being done about clean buses and that there is much funding. She also mentioned the issue of engine idling, which we discussed a lot when I was a Back Bencher, but local authorities have powers to tackle engine idling and should use them. The hon. Lady and other Members might be interested to hear that we announced two electric bus terminals back in January, which were Coventry and Oxford, so we will all be looking at how they work and whether we can learn lessons from them.

The expanded ultra low emission zone in London is being introduced by the Mayor of London in line with his responsibility to tackle air pollution. His responsibility —just as with the Government—means that he has to put the necessary measures in place to bring London into compliance with the legal limits for air quality as soon as possible. That is why, obviously, he is introducing that whole raft of measures. For a number of schemes, we will provide support for the cost of upgrading to nitrogen oxides or NOx-compliant vehicles.

The hon. Member for Twickenham touched on monitoring. I think she asked why there had not been more of an increase in better monitoring. Indeed, there is a great deal of monitoring. We are working with our expert air quality group on how to evolve monitoring, to keep looking at it so that we meet the needs that will align with our new targets, which we are setting in the Environment Bill. In oral evidence, Professor Alastair Lewis, a great expert on this, stated that it is really important that we give due consideration to ensure that the network is fit for purpose, alongside setting the new targets—the monitoring must make sure that we are held to account on our new targets.

I want to touch on the clean air strategy, the Environment Bill and some of the wider air quality issues at the national level, which are also relevant to London. We published our clean air strategy, which the World Health Organisation welcomed as an example for the rest of the world to follow. People keep knocking it, but the World Health Organisation has itself held the strategy up and said, “This is a great document.” The strategy aims to cut air pollution and to save lives. It focuses on emissions beyond road transport, setting out the comprehensive action required by all parts of Government and society to reduce air pollution and the impacts on public health.

We have made progress in reducing pollution from several sources, such as, and more particularly, reducing industrial pollution. We have a clear pipeline of action to continue reducing emissions to improve air quality for all, including by controlling emissions from domestic burning, establishing new air quality targets and tackling emissions of ammonia, which come from agriculture.

I want to touch on domestic burning, because it is a major source of pollution, which includes the fine particulate matter that is identified as the most harmful pollutant to human health. New legislation restricting the sale of the most polluting fuels used in domestic burning comes into force on 1 May 2021—very soon. It will restrict the sale of traditional house coal and small volumes of wet wood and high-sulphur manufactured solid fuels. This was a key commitment in the clean air strategy and it will also make a difference in places such as London, where so many people now have log-burners.

Our landmark Environment Bill delivers other key aspects of the strategy. Of course it is progressing through Parliament and it will be back soon; we expect it to receive Royal Assent in the autumn. Let us just look at the targets first. The Bill introduces a duty on Government to set a legally binding target for fine particulate matter, demonstrating our commitment to take action on this pollutant, and it also includes a duty to set at least one additional long-term target for air quality, which shows further commitment.

The long-term target will work alongside the concentration target to reduce the public’s exposure to PM_2.5 across all parts of the country, including London—that is how many people in a given area are subject to a particular amount of PM. I think it will be a really important target for tackling more specific areas. The dual target is supported by experts and we will ensure that action is taken, using it to help the public health issues. Those issues have all been mentioned by hon. Members who contributed today, for which I thank them. The hon. Member for Lewisham West and Penge (Ellie Reeves), the hon. Member for Twickenham, of course, and the shadow Minister all touched on this issue of the targets.

[Dr Huq]

Will the Minister give way, very briefly?

[Rebecca Pow]

I only have a few minutes left, so I really want to press on, because I also want to mention other things alongside the targets in the Bill. There is some significant change for local authorities. The Bill will ensure that they have more effective powers and a clear framework for tackling air pollution in their areas. That includes updating the current smoke control area framework, to make it easier for local authorities to enforce by making smoke emissions in their areas subject to a civil regime rather than a criminal regime. They will be able to police much more carefully what is going on with fuel burning.

We are also introducing the concept of air quality partners, who will be required to work with local authorities to develop collaborative action plans to reduce pollution levels where they are above required standards. We have already held a call for evidence on this, regarding which public bodies should be designated as relevant public authorities, which would then become air quality partners. The hon. Member for Ealing, Southall touched on this issue regarding new developments; I think that this is exactly what he is calling for and it will be very helpful—[Interruption.] I think Madam Chairman is asking me to wind up my speech.

We have so many other funds that are committed through our NO2 plan—£3.8 billion, with £880 million to support local authorities, which is very important, and we are updating the local authority framework for that. Also, we have myriad funds for transforming cities, for green buses, and for cycling and walking, which so many people touched on. We aim to double cycling and walking by 2030, so we have massive ambition in that regard.

I cannot comment further on Heathrow, which was mentioned by many Members, but we will have to abide by all of our air quality obligations in whatever we do.

I will close now and sum things up by thanking everyone for raising these issues. I think we all agree that health is absolutely crucial and that we have to tackle this air pollution issue, but I hope that I have set out clearly that we have the measures in place to do that.

Heather and Grass etc. Burning (England) Regulations 2021

Rebecca Pow Excerpts

Tuesday 27th April 2021 General Committees

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

This is the first time that I have had the pleasure to serve under you, Dr Huq, and it is great to see you in the Chair. As ever, it is good to see the shadow Minister and I offer belated happy birthday wishes, which I omitted to say when we debated last week. I hope that it went well.

I thank all those who have inputted behind the scenes and given views on this complicated subject. I welcome the opportunity to discuss the regulations in more detail to clarify some of the points about why we have introduced them, how committed we are to them and how important they are to protect the nation’s peatlands. I hope that I will be able to address some of the concerns expressed by the hon. Member for Newport West.

The SI, which was laid on 16 February 2021, seeks to ban the burning without a licence of specified vegetation on peat over 40 cm in depth on SSSIs that are also a special area of conservation. Those are critically important areas for peat, which is why they are the focus of the regulations. The purpose of those regulation is to prevent further damage to approximately 142,000 hectares of protected peat by clearly setting out the only circumstances in which the Secretary of State, as the licensing authority, may grant a licence for burning. That would only occur in very limited, clearly defined and evidenced circumstances. Those are the only conditions on which a licence for burning would be granted and without such a licence, burning will be prohibited.

The restoration of England’s peatlands is a priority for the Government and the regulations will help us to achieve net-zero carbon emissions by 2050, and to protect valuable habitats and the biodiversity within. Blanket bog is a fragile peatland habitat of international importance. The UK has 30% of the world’s blanket bog, so we hold a large proportion of that very important habitat.

England’s peatlands overall store around 580 million tonnes of carbon, but they emit about 11 million tonnes of carbon dioxide equivalents per year. Therefore, restoring our peatlands is a crucial part of addressing climate change and achieving net-zero emissions by 2050.

Blanket bog is a habitat at risk from being further degraded were it not protected from damaging activity. Under the Conservation of Habitats and Species Regulations 2017, the Government have responsibility for protecting that priority habitat, maintaining it as an active bog and restoring it to favourable status. Basically, that means that it is wetter, and it will have more species living within it that enjoy that particular habitat.

The Government’s ambition is to have healthy peatlands that will provide us with a wealth of ecosystem services. That includes carbon storage and sequestration, a natural habitat for wildlife, high-quality drinking water and flood mitigation. Blanket bog makes up around 40% of England’s deep peat reserves and is one of our most extensive protected habitats, yet only 12% of it is in a near natural state. The remainder is degraded by practices that impact on the natural functioning state of that habitat. Rotational burning as a moorland management tool is carried out to manage unnaturally dominant heather species in winter months, typically on a 12 to 15 year rotation. Although this activity does not have a significant impact on carbon emissions per se, there is now an established scientific consensus that the burning of vegetation on blanket bog can be damaging to peatland formation and habitat condition, making it difficult—in some cases, impossible—to restore these habitats to their natural state and to restore their hydrology.

Landowners and managers have required consent from Natural England to burn on a protected blanket bog. Since 2017, only 47% of those consents have expired or been removed by Natural England; the majority remain in perpetuity, covering about 52,000 hectares of protected priority habitat. The Government have previously stated that if voluntary measures to cease burning on blanket bog did not work, they would look at the role of legislation. The voluntary approach has not worked, so this instrument aims to allow the Government to meet their obligations to bring about more sustainable practices.

The regulations ban the use of burning as a management practice on protected blanket bog sites apart from in the case of specific exemptions. I will just touch on those. First, the prohibition does not apply on land that could never be accessed by cutting equipment; cutting equipment is a tool that can be used instead of burning. Some areas—exposed rock and scree, for example, or where the land is on a really steep slope, in excess of 35 degrees —can continue to be managed without the need for a licence. Secondly, where land is otherwise inaccessible to cutting equipment, perhaps by virtue of its very remote nature and because other methods of appropriate management are impractical, a licence may be considered to allow burning to take place.

The Government have also included in the regulations explicit reference to the objective of preventing wild fires. Wild fires can be devastating for the environment and that risk has not previously been granted sufficient weight.

The evidence and process by which the Secretary of State will make decisions on licence applications will be set out in accompanying guidance. That guidance will be published by 1 May to allow sufficient time for good-quality applications for licences to be made in advance of the 2021 burning season, which commences on 1 October.

The shadow Minister asked about detail. The detail will be in the guidance, which, as she can tell, is coming out pretty much immediately. An awful lot of work has gone on stakeholder engagement to come up with the guidance so that it is really clear to everybody what these very small exemptions might be and how they might be used. But we want it to be clear to everybody that basically we mean business about the ban. The guidance will emphasise an aspiration that the management of the protected site should be complementary to high quality natural habitat restoration plans. It is hoped that through such plans—and these plans are really crucial—the need to manage the sites by burning will diminish and, ultimately, become unnecessary: the areas will be getting wetter, so burning will not be required. As I said, work to develop and produce the guidance is well under way. Much of the engagement has been with the upland management sector and environmental non-governmental organisations, so that we get this right.

The guidance will also set out with whom the Secretary of State will consult. It will be not just Natural England but other interested stakeholders—including, for example, the local fire and rescue service when a licence for wild fire mitigation purposes is being considered. The input of such services is hugely valued on the issue of controlling wild fires.

The Government are very aware that the management of upland habitats on which the regulations will have an impact is complex and unique, and that the guidance must be capable of being understood by both large land managers and small estate teams. They are also aware of the view, backed up by science, that there is a risk that burning heather to reduce wild fire could itself dry the land out and exacerbate the risk. The Government recognise that the new regulations may place additional burdens on some landowners and managers, but we also recognise that inaction and the continuation of burning of unprotected sites will be unacceptable as it is releasing carbon and therefore it is bad for the climate.

The SI attempts to strike the right balance between protecting our habitats from harm and ensuring that our landowners and managers have the right tools available to protect those habitats and restore them to their natural state. Obviously, we need to work with those landowners and farmers in our future new ELM—environmental land management—system, and our new schemes such as the nature for climate fund to restore those peatlands. It is really important that we have very good working relationships with them.

The regulations are essential as we look to extend protections to some of our most vulnerable habitats. The hon. Lady was quite adamant that all peats had to come under the ban, but the point is that the SI is dealing with the very specific deep peat, which is so precious and such an important habitat. It is absolutely right that we protect that, but I would like to share with the hon. Lady that we have a much wider plan for all peat. The SI will protect 140,123 hectares of deep peat, but obviously all peat is important, which is why we are releasing a package of further measures through our peat action plan, which will be issued shortly. That will deal with peat in other areas, not least lowland peat, which is extremely important. We have a lowland peat taskforce to work mainly with farmers in that lowland to work out how that peat can be restored as well, and how we can also still produce sustainable food from that area. We are also working very closely with the horticultural industry to bring about the ban, and we are moving absolutely at pace on that. Through our new plan, a new three-year project will be undertaken to map the extent of England’s peatlands, so that we have really clear data that can guide and inform us, because the science is so important in all that we do.

I trust that the Committee understands the need for the SI. All peat is really important, and not just that protected by the SI. I hope I have made it clear that we are looking at all peat, but the SI is one of the important tools to drive us in the right direction to protect those crucially vital, precious habitats.

[The Chair]

Because we are in negative SI territory, and the Opposition have prayed against the measure, I call the shadow Minister to respond to the debate.