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.

Draft Air Quality (Legislative Functions) (Amendment) 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)]

I beg to move,

That the Committee has considered the draft Air Quality (Legislative Functions) (Amendment) Regulations 2021.

As ever, it is a pleasure to see you here with us, Sir Christopher.

The regulations, which were laid before the House on 22 March, make amendments to a piece of retained direct European Union law on pollutant release transfer registers, otherwise known as PRTR. The legislation, which originated in the EU, would otherwise be left partially inoperable, now that the transition period has ended, because the powers to make changes to PRTR legislation previously sat with the European Commission.

Provision for the transfer of powers for PRTR was included in regulations made in 2019, namely the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473). However, the PRTR regulation was amended in EU law after the 2019 EU exit SI was made, which meant that the PRTR part of the EU exit SI no longer operated as intended. Therefore, further amendments to the PRTR regulation are needed to ensure that transfers of legislative powers are reinstated and have effect as intended, following EU exit.

The SI amends the PRTR regulation to confer two powers. The first power enables the Secretary of State and the devolved Administrations to make regulations regarding reporting on releases of pollutants from diffuse sources. The appropriate authority can do that if it determines that no data on the release from diffuse sources exists, and it must use internationally approved methodologies where appropriate. The second power enables the Secretary of State to amend annex II of PRTR regulation. Annex II sets out a list of pollutants and threshold values, which, if exceeded, operators of industrial facilities are required to report any releases of to air, land or water. I would like to reassure members of the Committee that the power will enable the Secretary of State to amend annex II only for the purposes of adapting it to scientific or technical progress, or to reflect any future amendments of the UN PRTR protocol.

Both powers are limited in scope and can only be exercised for the specific purposes, so it is appropriate for them to be exercisable by secondary legislation. It is important to ensure that the UK Government and the devolved Administrations hold those powers so that they can act quickly on emerging scientific or technical evidence, such as a new pollutant or activity on which it is in the public interest to report pollution information. The register is very much all about transparency of the pollutants in our world.

The powers also ensure that the Government can reflect in UK legislation any changes made to the PRTR protocol, so that we can continue to meet UK obligations under the Kiev protocol. We continue to support the UN Economic Commission for Europe Kiev protocol and to publish industrial pollution release and waste transfer data on an annual basis. We anticipate that any future changes to the protocol will be to strengthen parties’ reporting to better fulfil the aims of that protocol, rather than being fundamental changes to its principles.

Those powers mean that future such changes to the regulation will be made with secondary legislation, which is the most proportionate approach for the types of technical amendments necessary. Such amending legislation will be subject to the negative procedure, which would allow appropriate scrutiny, given the technical nature of any changes.

The PRTR regulation will continue to function in a similar way to how it always has, but with UK authorities now having legislative functions under the regulation. I should make it clear that all the amendments introduced by the SI are ones of technical operability that will maintain the effectiveness and continuity of this important UK industrial emissions reporting obligation. The regulations maintain existing regulatory standards and do not create new policy.

I would like to clarify some administrative points regarding the SI for the benefit of members of the Committee. First, the SI is subject to the affirmative procedure as it involves the transfer of powers. I can confirm that, secondly, the SI was not subject to consultation, as it does not alter existing policy.

In line with published guidance, there has been no need to conduct an impact assessment for the SI, because no impact on the private or voluntary sector is foreseen, as it relates to the maintenance of existing regulatory standards. There are no direct or cost impacts arising from the regulations.

The SI forms part of important air quality and industrial emissions legislation. Members of the Committee will be aware of other important legislation that we have introduced to improve air quality, such as the new legislation restricting the sales of the most polluting fuels used in domestic burning—it comes into force shortly on 1 May. That will restrict the sale of traditional house coal, small volumes of wet wood and high sulphur manufactured solid fuels. In addition, through the Environment Bill we will ensure that local authorities have more effective powers and a clear framework for tackling air pollution in their areas. That includes ensuring that responsibility is shared across local government structures and with relevant public bodies.

Without further ado, I commend the draft regulations to the Committee.

--- Later in debate ---

[Rebecca Pow]

I thank the shadow Minister for her contribution, but thank the Chair for his intervention, because she did digress somewhat from the subject of the SI. She will get the chance to talk about air quality in the imminent Westminster Hall debate, but if you will allow me, Sir Christopher, I will address a couple of her comments briefly.

We have a clean air strategy that has been referenced by the WHO as an example for the rest of world to follow. We also have a £3.8 billion nitrogen dioxide strategy plan to clean up our air, and we have our landmark Environment Bill. That legislation is returning to the House shortly and as the hon. Lady knows, in it we are setting long-term legally binding targets to tackle air pollution, plus an exposure target. We are absolutely mindful of the critical importance of dealing with air pollution because it is the biggest killer and we are introducing a raft of measures to tackle it.

The hon. Lady touched on the inquest into the death of Ella Kissi-Debrah, and we will reply to that in due course. Our thoughts are constantly with the family, whom we have met and listened to.

The SI makes no change to the existing policy on UK industrial reporting or to the nature of the PRTR legislation. As I have outlined, the changes introduced by the SI are technical amendments that are required to ensure that we are able to continue to operate the regulation and carry out UK industrial pollution reporting under the PRTR legislation. Indeed, I would say that this country has an exceptional reporting system for our pollutants, and we will continue to work with other countries on the PRTR through the UNECE and the OECD.

 

Should you, Sir Christopher, or any hon. Member want to look at the UK’s pollution release and transfer register, they can go on the website, tap in their postcode and find out what pollutants are dominant in their area. Should any colleague want to find that out, that facility is there in the PRTR. On that note, I commend the draft regulations to the Committee.

Question put and agreed to.

Oral Answers to Questions

Rebecca Pow Excerpts

Thursday 22nd April 2021 Commons Chamber

[James Wild (North West Norfolk) (Con)]

What steps he is taking to help protect communities against flooding.

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

The Government are investing a record £5.2 billion to better protect 336,000 properties from flooding and coastal erosion over the next six years. Alongside that, we recently announced that 25 areas will receive a share of a further £150 million for particularly innovative projects dealing with flood resilience and pioneering many things that we think we will learn lessons from. Our long-term policy statement outlines our ambition to create a nation more resilient to flooding and coastal erosion and we are taking a whole range of actions to forward that.

[Henry Smith [V]]

I pay tribute to this Government for the significant flood mitigation investment that has been delivered. What discussions has my right hon. Friend the Environment Secretary had with our right hon. Friend the Communities Secretary about not building new homes on flood-risk areas, such as the proposed west of Ifield development?

[Rebecca Pow]

As my hon. Friend will know, national planning policy provides clear safeguards for protecting people and property from flooding, and the national planning policy framework is very clear that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at the highest risk. Where development is necessary in such areas, that development should be made safe for its lifetime without increasing flood risk elsewhere, and should be appropriately flood-resilient.

[Jonathan Gullis [V]]

Residents of Norton Green and their local ward councillors, Dave Evans, James Smith and Carl Edwards, have regularly raised the issue of flooding. The River Trent and the canal feeder to the Caldon canal both run through Norton Green, yet the river is hardly ever dredged. The river is the responsibility of the Environment Agency, and the canal feeder is the responsibility of Severn Trent Water. If those two agencies co-ordinated their work, they could help to alleviate the problem, so will my hon. Friend work with me to ensure that the Environment Agency and Severn Trent Water undertake regular dredging to help to improve the lives of Norton Green residents?

[Rebecca Pow]

My hon. Friend is a doughty spokesman for his constituency, and rightly so. I encourage all relevant risk-management authorities to work together on watercourse maintenance, for the benefit of Norton Green’s residents in this case. Of course, responsibilities lie with a range of bodies, including the Environment Agency, which is responsible for the main rivers; lead local flood authorities or internal drainage boards, which are responsible for ordinary watercourses; and riparian landowners whose land adjoins a watercourse. My hon. Friend could usefully get all those heads together so that people can work constructively, as they are in many parts of the country, to deal with our flooding issues and keep our communities safe.

[James Wild]

This year the Burnhams, the Creakes and other villages in North West Norfolk suffered flooding that resulted in sewage coming up through manhole covers due to water infiltrating the sewer system. Things got so bad that foul water had to be pumped into one of our precious chalk streams, so will the Minister ensure that the Environment Agency holds Anglian Water to account so that it puts in place plans and investment to ensure that that does not happen again?

[Rebecca Pow]

That is a scenario that nobody wants to see repeated. I hope my hon. Friend knows that I am championing his cause, as are the Government. Tackling the harm caused by sewer overflows into rivers, particularly chalk streams, is a top priority for the Government. That is why we established a storm overflows taskforce, made up of the Government, the water industry, regulators and environmental groups, which has set a long-term goal to eliminate harm from storm overflows. The group is considering the problems caused by infiltration, which my hon. Friend mentioned, and last month we announced plans to introduce legislation to address these things. We are moving on this.

[Jacob Young (Redcar) (Con)]

What steps he is taking to tackle plastic waste.

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

We are committed to tackling plastic pollution. We have introduced a ban, with a few very specific exemptions, on the supply of plastic straws, stirrers and cotton buds, and reduced single-use plastic carrier bag usage by 95% in the main supermarkets through the 5p charge. This is a great day, and I am pleased my hon. Friend has chosen to raise this subject today, because we are debating increasing the charge to 10p and extending it to all retailers, and we are seeking powers in the Environment Bill to charge for single-use plastic items, making recycling more consistent.

[Jacob Young]

Plastic waste is a huge problem in coastal communities such as mine, but does the Minister agree that it is not that plastic is the problem but that waste is the problem and we should do all we can to tackle waste? To that end, will she come to Redcar and Cleveland, when restrictions allow, to visit the new site for ReNew ELP at Wilton, which began construction last month and where revolutionary hydrothermal technology will be used to turn hard-to-recycle plastics back into their component oils, allowing them to be reused?

[Rebecca Pow]

There is another doughty spokesman for his constituency. My hon. Friend has spoken to me about this matter before. It is vital that we tackle plastic waste by taking a holistic approach, which includes increasing reuse and recycling, in line with our ambition to transition to a more circular economy. More work is required to understand where chemical recycling represents the best outcome for waste and to assess any unintended consequences, but I welcome the invitation and the chance to visit the ReNew ELP site. He should contact my office, and, when time permits, I would be delighted to visit.

[Ruth Jones (Newport West) (Lab)]

It is good to be here in the Chamber and see you face to face today, Mr Speaker.

The Joint Unit for Waste Crime is an important component of the fight against waste, fly-tipping and littering. The Peterstone Wentlooge area of Newport West is a good example of an area in dire need of action from this unit, as the “road to nowhere” there, as it is known, is blighted by fly-tipping, including of noxious substances and chemicals. Clean-up costs for more than 1 million fly-tips cost the taxpayer £58 million in 2017-18, the last time the Department published details of clean-up costs. This Government have pushed councils to the brink and removed the funding needed to tackle fly-tipping, so will the Minister tell the House when this Government will finally take the action needed to protect this green and pleasant land?

[Rebecca Pow]

I thank the hon. Lady for her question and I am sorry to hear about that road to nowhere. I would hate my constituency to be described as the “road to nowhere”. I understand what she is getting at, but this Government are tackling litter. We have a whole policy on tackling litter and I have been meeting Keep Britain Tidy regularly to discuss what more we can do. We have had a lot of campaigns, including “Keep it, Bin it”, which has been extremely effective, and we will be working further on measures. We relaunched the countryside code and added to it during lockdown to cut down on the amount of litter that is dumped, and this has had a significant effect. Local authorities have all of their measures that they can put in place—they can take people to court and people can get hefty fines—but they need to take action with the measures at hand.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

What steps he is taking to improve the domestic inspection process for flowering bulbs imported from the EU.

--- Later in debate ---

[Tony Lloyd (Rochdale) (Lab)]

What discussions he has had with local authorities on preventing toxic air pollutants from affecting children’s health.

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

Ministers regularly engage with local authorities to discuss air quality and assess their air-quality plans. I recently met elected representatives from Greater Manchester, Bath and North East Somerset, Newcastle-under-Lyme and Stoke, and we have made £225 million available to local authorities, via the active travel fund, to deliver safe cycling and walking routes, including school streets. As we review the air-quality strategy, we will include measures specifically to protect children from pollution.

[Tony Lloyd [V]]

The death of nine-year-old Ella Kissi-Debrah was a family tragedy, but it was made a public scandal when the coroner decided some time ago that her death was caused by air pollution, which was shocking. Yesterday, the coroner decided in his most recent report that there is no safe level of air pollution and called on the Government to bring our air-quality standards up to the World Health Organisation recommended levels, which would mean a significant reduction in pollution. Will the Minister tell the House whether the Government accept that recommendation? If not, we are literally putting the lives of our children at risk.

[Rebecca Pow]

We are of course taking this issue extremely seriously, and all our sympathies go out to Ella’s family. In fact, the Secretary of State and I were pleased to meet Ella’s mother—for which we thank her—and we listened closely to what she said. The coroner’s report was published yesterday and we will respond in due course. The points made are being taken extremely seriously.

Through our landmark Environment Bill, we will introduce a duty to set a long-term air-quality target and an exposure target. To do that, we are meeting all the scientists and academics and all those who can inform us as to exactly the right level to set. We understand that air pollution is a killer and we need to take it very seriously. A £3.8 million air clean-up programme is under way and we are working hard to ensure that that money is targeted at the places where it is needed.

[Ruth Jones (Newport West) (Lab)]

In the Committee on the missing-in-action and elusive Environment Bill, Labour tried to write the World Health Organisation air-quality guidelines into the Bill. Unsurprisingly, the Tories voted us down. Yesterday, in response to the devastating death of Ella Kissi-Debrah in 2013, the coroner published a prevention of future deaths report that recommended that the Government should view the World Health Organisation guidelines for air pollution “as minimum requirements”, because all particulate matter is harmful. The coroner has given a clear recommendation and clearly stated that it would save lives, so when will the Minister commit to setting a PM_2.5 target that is at least in line with the World Health Organisation guidelines?

[Rebecca Pow]

The report highlights that there is no safe limit of PM_2.5, which is why it is so important that we get it right. That is why we are taking so much advice on it. The WHO has acclaimed our clean air strategy as world leading and

“an example for the rest of the world to follow”.

It sets out the steps that we are starting to take to improve air quality. The Environment Bill will introduce a duty to set a long-term target on air quality and an exposure target, which nobody has done before. We will give the issue all the attention it deserves.

[Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)]

What his Department’s policy is on the use of neonicotinoids in agriculture.

Draft Single Use Carrier Bags Charges (England) (Amendment) Order 2021

Rebecca Pow Excerpts

Thursday 22nd April 2021 General Committees

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

I beg to move,

That the Committee has considered the draft Single Use Carrier Bags Charges (England) (Amendment) Order 2021.

As ever, it is a delight to see you in the Chair, Sir Charles.

The Government are committed to eliminating plastic waste and its terrible effect on the environment. Consumption of single-use plastic items and their inappropriate disposal continue to raise significant environmental issues. Unlike other materials such as paper or wood, plastic can persist in the environment for hundreds of years. If released into the environment, items such as single-use plastic bags can damage habitats and endanger wildlife.

Furthermore, plastic that escapes into the environment will eventually break down into microplastics, which permeate our food chain and end up in our soil and seas. The full impacts of microplastics are still being uncovered. Even when single-use plastics are disposed of properly, they will typically end up in landfill or be incinerated, releasing greenhouse gases into the atmosphere.

Action is needed to curtail the use of single-use plastics and their release into the environment. The proposed measures in the resources and waste chapter of our Environment Bill will help us to transition towards a more circular economy and change the way in which we use and consume resources by keeping them in the system for longer to extract maximum value from them.

There is much we can already do to address the issue of single-use plastics, including our highly successful carrier bag charge. This draft statutory instrument will amend the Single Use Carrier Bags Charges (England) Order 2015 by extending the requirement to charge for single-use carrier bags supplied to customers to micro, small and medium-sized enterprises; removing airport sellers’ exemption from charging; and increasing the minimum mandatory charge for single-use carrier bags from 5p to 10p.

Since the charge was first introduced in 2015, we have prevented billions of plastic bags from being sold and ending up in the ocean and the environment. We have already seen a reduction of 95% in the use of single-use carrier bags in the main supermarkets, and more than £150 million has been donated to good causes. Interestingly, as a result of the carrier bag charge, the average person in England now buys just four bags a year from the main supermarkets, compared with 140 in 2014. I think we can all agree that that is tremendous progress.

The aim of extending the charge to all retailers is to cut bag usage significantly for small shops, too, with customers incentivised to use long-life bags made from more suitable and environmentally friendly materials. As an aside, I encourage those present to get a Somerset willow basket. They do not even need a bag for life; they could have something made from plants grown on the Somerset levels. Growing those plants helps tackle climate change and greenhouse gases, and we get sustainable baskets. I have had one for 35 years.

Micro, small and medium-sized enterprises circulated about 3.2 billion single-use carrier bags in 2018, accounting for more than 80% of the single-use carrier bags in circulation in England. This intervention is a strong marker of the Government’s intention to clamp down on single-use plastic pollution and to protect our environment for future generations. When taken in conjunction with our wider policy approach to transition to a more circular economy, this will be another landmark moment following the straws, cotton buds and stirrers ban.

I turn to exemptions. To reduce the burden on business, reporting requirements on the number of single-use carrier bags sold annually will not be extended to businesses with fewer than 250 employees. Large businesses do not have to report the number of bags for life that they sell. However, we know there are concerns about the increasing use of such bags, so we will explore extending the reporting requirements to them in order to improve our understanding of the issue—I think the shadow Minister might raise that point. In fairness, a number of other people have done so, and I hope that gives some assurance that we are aware of it.

We are determined to get the legislation right, and it is vital that businesses and the public are informed about what they can and cannot do. Guidance will be published shortly after the debate to explain the legislation in detail to both businesses and the public. Informal guidance has already been shared with businesses to help them to prepare for the upcoming legislative changes. To ensure compliance, we have given trading standards authorities the powers that they require for this type of restriction—for example, to enter and examine premises that they suspect are in breach of the law. Anyone caught not charging for single-use plastic bags in line with the legislation could face civil sanctions, such as stop notices or a variable financial penalty. We hope that these enforcement measures will not be necessary, but the regulations need to have teeth in order to show that the Government take the issue of plastic pollution seriously.

The draft order sends a signal to industry and the general public that we need to think carefully about the bags we use and the materials from which they are made. The order will help people to make more sustainable choices, and it is an important step towards a more circular economy. I commend it to the Committee.

--- Later in debate ---

[Rebecca Pow]

I thank the shadow Minister, as always, for her comments. I join her in offering Her Majesty belated birthday wishes, although I am not sure it will exactly be a happy birthday this year. I send our genuine sympathies to the shadow Whip, the hon. Member for North Tyneside, on the death of her husband. This happened to me two years ago, and I can honestly say that I know how she will be feeling. Will the shadow Minister please pass that on to her from us all?

[Ruth Jones]

Of course.

[Rebecca Pow]

In order for us to leave the environment in a better state than we found it for the next generation, it is essential that we get the right legislation in place to limit the impact on the natural world of our use of resources. Plastics are an incontrovertible cause of harm to our environment, both terrestrial and marine. These measures are an important part of our wider strategy to tackle plastic pollution. In addition, we are getting under way a raft of measures, not least the Treasury’s plastic tax and the ban on stirrers and straws. All the measures in the Environment Bill will help us to tackle plastics in the waste stream and their negative impact on the environment.

Perhaps I should touch first on the all-important Environment Bill. I think the shadow Minister is being slightly disingenuous, because work on it has not stopped. Indeed, this pause—it is only a pause—has enabled work to carry on with all speed on the targets, and on further strengthening the Bill and what it will trigger. That includes water quality targets. I know you are really keen on our water quality, Sir Charles, and those targets will help to drive improvement in chalk streams and all our rivers. We are also working hard on the air targets, and all the other important things that the Bill will trigger.

The Bill will put in place the measure to set up extended producer responsibility. That will put the onus on the manufacturers of plastic packaging to be responsible throughout its entire life cycle, and that includes where it ends up. Manufacturers will not want plastic packaging to end up as waste, so they will think hard and long about things such as its design and labelling. That will have a big impact on any plastic bags that are left in use, as I think the shadow Minister alluded to. We launched the second consultation on the matter on 24 March—the consultation ends on 4 June—so we are moving very quickly towards its introduction. A huge amount of work is going on to ensure that we get that absolutely right.

The shadow Minister touched on something that a lot of people question, namely why these bags are not biodegradable or compostable. I asked the same questions myself when I arrived in the Department, because it seemed straightforward. However, we have to consider what they biodegrade into. What chemicals, which then go into our soil and water, do they break down into? Biodegradable plastics are, by their nature, at odds with the principle of reuse and recycling; they are not reused or recycled, because they break down. Strong concerns have been raised about how biodegradable they are, and what they break down into. They might have a vital role to play in some very niche areas, but we are carrying out an awful lot of research into this, and at the moment there is a lot of concern about them. They will certainly not step in and replace plastic carrier bags.

I think the shadow Minister asked about the consultation on the order that we are considering. It was consulted on between December 2018 and February 2019, and the summary of responses was published on 31 March 2020. We received a lot of responses to the consultation right across the supply chain, from the waste industry, from non-governmental organisations and from members of the public, with pretty overwhelming support for the proposals. That was very positive.

The shadow Minister touched on the question of bags for life. They should be reused. They are not single-use bags; they are bags for life, as their name suggests. They will last longer than single-use plastic bags. If they are reused sufficiently, their overall environmental impact in comparison to single-use plastic bags is likely to be positive. Interestingly—I am not sure that a lot of people are aware of this, but let us make them aware—retailers are required to take back worn-out bags for life and replace them like for like, free of charge. The impact assessment that accompanies the legislation estimates an increase of 40% in the number of bags of life used over 10 years. However, the policy change will lead to an overall reduction of 21% in the number of bags supplied across all bag types—single-use carrier bags. bags for life, paper bags, cotton bags and so on—over that period, which will lead to an overall reduction in plastic usage. Do not forget my idea of wicker baskets, either.

The shadow Minister may be interested to hear that, as I mentioned in my speech, we will review how the whole system works once it is up and running for single-use carrier bags, and then we will consider extending to retailers those reporting requirements on bags for life. That is not included at the moment, but if it looks as though it would be helpful, it will certainly be looked at.

The shadow Minister touched on paper bags, and she expressed the concern that we were charging only for plastic bags when we ought to be charging for paper ones as well. For her information, paper bags need to be reused three to four times to have an impact equivalent to that of plastic. For cotton bags, the figure rises to 130 times. Paper bags may be littered or escape into the environment, but they are much less damaging than plastic, because they break down. Of course, cotton bags are rarely littered. The point is that the environmental impact of all bag types will be reduced by reuse. If we all reuse our bags, we will really reduce their impact.

[Ruth Jones]

The point I was trying to make about paper bags is that it takes four times as much energy to produce them as it does to produce plastic bags. It is not about what happens during their lifetime; it is about their production, which is so energy-inefficient.

--- Later in debate ---

[Rebecca Pow]

I have not got all the data to argue that point, but I think there is a case to be made for paper bags if the material comes from a sustainable source. We are working on our tree strategy now, and we are looking for all sorts of further markets for our own wood and offcuts. I think that could be debatable.

I am going to wind up now, Sir Charles, as I am sure you will be pleased to hear. I thank the shadow Minister for her contributions and for her challenging questions, which I hope I have answered. As I have outlined, these amendments to the regulations will extend the requirement to charge for single-use carrier bags to all retailers, remove the exemption from charging from airport sellers and increase the minimum mandatory charge from 5p to 10p. We are taking these steps to reduce our reliance on single-use plastics and to explore more sustainable alternatives. These draft order will definitely help us to do so, and I commend it to the Committee.

Question put and agreed to.

Waste Incinerators

Rebecca Pow Excerpts

Wednesday 24th March 2021 Commons Chamber

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

It is so good, as ever, to see you in the Chair, Madam Deputy Speaker. My goodness, that was a fiery presentation—I am not joking—on a hot topic. I expect nothing less from my hon. Friend the Member for Keighley (Robbie Moore), because he has spoken to me many times about this issue, and I know that he has very much wanted to bring it to our attention in the Chamber. He has certainly done that in respect of the proposal for an incinerator in the Aire valley in his constituency, which would deal with 148,000 tonnes of commercial, industrial and municipal waste and is expected to be operational in a few years’ time.

Before going into detail on the particular proposal, I start by saying that my views have not changed at all. I have spoken about this many times in other debates, as has my hon. Friend, and the Government’s attention remains firmly on exactly what he talked about towards the end of his eloquent speech. Our intention is to focus on reducing, recycling, reusing and, indeed, cutting down on all waste and moving to a circular economy. This is absolutely the direction of travel, and we have targets in place to enable us to do that now.

We have a raft of targets. We have a target to increase overall recycling rates to 65% by 2035. We have a target for zero avoidable waste by 2050. We have a target of 10% of waste or less going to landfill by 2035. There are a lot of measures in the Environment Bill that will move us in that direction. I have just been before the Environmental Audit Committee to talk about one of the packaging reforms, the deposit return scheme, which will contribute towards driving us in the direction of cutting waste. I am pleased to say that today we launched the consultation, which is a big moment in moving us in the right direction.

For clarity, I reiterate that it was the Labour-run City of Bradford Metropolitan District Council that granted planning permission back in 2017. The council sends 58.4% of its collected and managed waste for incineration, which is interesting.

I will now talk about the Aire valley permission, but I also want to set out the steps that the Environment Agency took following that planning permission to grant its permits. In September 2018, Endless Energy Ltd applied to the Environment Agency for an environmental permit to operate an energy-from-waste site on Aire Valley Road. The agency’s technical assessment of the application began shortly after receiving the application, and it held its first public consultation between 1 November and 13 December 2018. Some 2,000 comments were received during that consultation. The agency then consulted further on its draft decision between 8 June and 12 August 2020, and it received 1,600 comments.

I take the points that my hon. Friend made pretty vociferously that there were some documents missing in the first consultation—I will not beat about the bush on that. It was an admin error, and the EA duly reacted, put them in and extended the consultation. I think he will agree that that did happen.

The agency then considered all the comments received during both the consultation stages, and the final decision document was produced and is publicly available. It describes how the EA considered the issues raised. The main concern, which my hon. Friend highlighted, was that the site is in a valley that regularly experiences temperature inversions, resulting in misty conditions and a perception that emissions from the process will be trapped in that mist.

The Environment Agency verified the modelling of air emissions provided by the applicant to ensure it included an appropriate variety of weather conditions, including temperature inversions in the valley. The agency also undertook its own detailed modelling of air emissions, and it is satisfied that the concerns are unfounded and the installation will not have a significant impact on air quality—the EA has to follow due process and do the modelling.

The EA has issued information to explain its decision making, as well as to explain how Endless Energy’s application was assessed and the factors taken into account. The agency’s decision document sets out the details and the reasons for proposing the conditions on the permit. As a result of this thorough process, the EA determined that the applicant provided sufficient information for it to be satisfied that the facility will not compromise air quality limits or standards and will meet the relevant environmental requirements for this type of facility. The Environment Agency therefore decided on 8 December 2020 to issue the permit to allow Endless Energy to operate the facility as described in the application and in the additional information provided.

It should be noted that the permit sets out the legally binding conditions that Endless Energy Ltd must follow to protect the air quality, the groundwater and the surface water, and to ensure the safe storage, management and disposal of waste. As with all energy from waste, the use of abatement systems is required to keep emissions and air pollutants within strict limits set down in legislation. That includes oxides of nitrogen, particulate matter, sulphur dioxide, hydrogen chloride, metal smoke and dioxins.

The permit also include conditions to minimise the risk of accidents, noise, odour and so forth, and as part of its regulatory regime the EA carries out regular inspections. The facility will be subjected to those, but I assure my hon. Friend that I will hold the EA’s feet to the fire to ensure that those things are done and the due process is followed. It is essential that people feel that the due process is being followed and they are safe. I assure him that regular monitoring will be carried out. If the agency identifies that an energy-from-waste plant breaches any of its permit conditions, appropriate enforcement actions will be taken. That may be a warning, first of all, for a minor breach. Enforcement notices can be put in place or, indeed, a prosecution as and if necessary.

My hon. Friend raised concerns about the planning process. Of course, planning decisions are a matter for the local planning authority, which in this case is the City of Bradford Metropolitan District Council. The national planning policy framework sets out the planning policies for England and how they should be applied, including consideration for such things as traffic and the build-up of transport issues. He rightly made his views about the planning situation very clear—I will not comment on it—as did my hon. Friend the Member for North West Durham (Mr Holden), who made some similar comments about his own constituency.

We take air quality extremely seriously as a Government, and we are fully committed to reducing air pollution. The World Health Organisation has praised our UK clean air strategy as an example for the rest of the world to follow. Indeed, we are pouring £3.8 billion into cleaning up our air, and we have an enormous strategy of bringing in clean air zones across the country to keep people healthy, because this is a major health issue. Our landmark Environment Bill, as my hon. Friend the Member for Keighley knows, is bringing through ambitious new air quality targets to help reduce the public health impacts.

I must point out that energy-from-waste plants in England are regulated, as I said, by the EA, and they must comply with the strict limits set down in legislation in terms of air quality. Public Health England’s position remains that modern, well run and regulated municipal waste incinerators do not have a significant impact on air quality. In addition, they must use what we call, technically, best available techniques—that is the kit and equipment that they have to put in to meet environmental standards and reinforce the levels of environmental protection. That is really important, and those techniques have recently been reviewed.

I reiterate my message at the beginning that, on a wider note, the Government are absolutely committed to cutting down waste. We will reduce, recycle and re-use. We are meeting all the targets that I outlined at the beginning. We are bringing through the measures that we need. What will happen is exactly what my hon. Friend suggests: there will be less waste. Producers will be responsible for all the waste and packaging that they put on the market. They will be responsible for its whole lifecycle and the full net costs. They will not want to have to pay for it to end up somewhere else, such as incineration, which is, bar landfill, right at the end of our waste hierarchy.

The ambition is to have less and less waste going to incineration. There will always be some that will have to go to the lower ends of the waste hierarchy, but the key is that the incinerators have to be safe, regulated, and well run. In a perfect world, not only would they generate energy from waste, but we would capture all the other heat that they create. They should be geared up for that in future.

The tax matter that my hon. Friend raised is really for Her Majesty’s Treasury. The 2018 Budget set out the Government’s long-term ambition to minimise the amount of waste going to incineration or landfill, but if the policies do not deliver that cut in waste the introduction of a tax on incineration will be considered. I think I will end there. It was a terrifically vociferous speech. He made his case unbelievably clearly, but hopefully the message that I am giving is that we are cutting down on waste, and we certainly take such things as air quality extremely seriously.

Question put and agreed to.