Marine Licensing

Rebecca Pow Excerpts

Wednesday 12th February 2020 Commons Chamber

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

First, I think this is the first time that I have had the honour of speaking while you are in the Chair, Mr Speaker. It is a pleasure.

Secondly, I congratulate my hon. Friend the Member for St Austell and Newquay (Steve Double) on securing this debate. He is always passionate about his constituency, and is constantly standing up for his community. I agree that the short film, “Bait”, which I have seen, is an invaluable slice of that iconic life in his part of the world. It is really worth seeing.

Let me take this opportunity to recognise the importance of marine licensing and planning, which are vital tools in managing the use of our marine space and the competing demands placed on it. My hon. Friend’s debate is timely, with the launch of the Marine Management Organisation’s consultation on four new marine plans in January. The delivery of the plans is a key aspect of the Marine and Coastal Access Act 2009. Marine plans inform and guide marine users and regulators across England. The plans will manage the sustainable development of marine industries, such as wind farms and fishing, alongside the need to conserve and protect marine species and habitats. Economic growth will be supported in a way that benefits society while respecting the needs of local communities and protecting the marine environment.

Marine planning enables the increasing and, at times, competing demands for the use of our marine area to be balanced and managed in an integrated way. The Government are committed to ensuring that there is a full set of marine plans in place by 2021, so that we meet the commitment set out in our 25-year environment plan. The plans will be a significant milestone for the Government in ensuring the long-term sustainable development of our seas. Marine development is central to the Government’s ambition. Indeed, everyone seems to want a piece of the blue space right now, so we will keep under review how our approach to marine planning might need to evolve to meet future challenges. I welcome my hon. Friend’s comments because this space will definitely be growing and evolving.

Interested parties have been, and will continue to be, engaged in the process, and will have an opportunity to influence how their marine environment is managed. That is very important. The recent marine plans consultation covers my hon. Friend’s constituency of St Austell and Newquay, where the local sea area is recognised to be vital. The draft south-west inshore plan, which covers a total of approximately 16,000 sq km of sea—a big space—will introduce a strategic approach to inform where activities might take place. The MMO has undertaken extensive public engagement in the development of this plan to ensure that it captures local priorities.

The consultation closes on 6 April, and I have asked the MMO as a matter of urgency to ensure that it writes to the relevant coastal MPs to highlight the importance of contributing to the consultation, just in case they have not done so already—or, indeed, to forward it to people that they think ought to be involved. Likewise, I encourage any body or organisation that has an interest in the local sea to respond to the consultation. The importance of stakeholder engagement in this process cannot be overstated, which is why a statement of public participation is in place for these plans, setting out how and when we will engage with stakeholders during the marine planning process. When these plans are adopted, someone applying for a licence or approval will need to show how they have considered the plan, so this will be an important step in the future of marine planning.

Although marine plans play an important strategic role, the delivery of sustainable development in our seas is underpinned by our marine licensing system. Marine licensing covers a diverse range of activities—from depositing a marker on the seabed, through to significant infrastructure developments. Introduced under the Marine and Coastal Access Act, marine licensing is a process by which those seeking to undertake certain activities in the marine environment are required to apply for a licence. This is to ensure that we can promote the economic and social benefits of the marine environment while minimising the adverse effects on the environment, human health and other users of the sea. Under the Act, in England we have delegated the responsibility for implementing marine licensing to the MMO, and our approach to marine licensing is based on evidence-based decision making through which human activities in the marine area are regulated.

My hon. Friend raised some serious concerns about the licensing regime, and he made no bones about it. Let me highlight the recent improvements made to the marine licensing system. Only last year, the Government exempted certain activities from the licensing process to support those who realise environmental benefit—for example, to enable divers to remove marine litter from a marine area without the need to apply for a marine licence. I know that my hon. Friend has a particular interest in this area. This is just one of many steps that we are taking to ensure that plastic waste does not pollute the ocean. Between 4.8 million and 12.7 million tonnes of plastic enter the global ocean every year; it is absolutely shocking. That is why we have to focus on tackling this flow, and hopefully this is one measure that will help. In the resources and waste strategy for England, we set out how we will minimise waste, promote resource efficiency, and move towards a more circular economy.

The MMO has focused its efforts on improving the public consultation process, including making the process of submitting representations via the online system more user-friendly. This has been to the benefit of parish councils and others who have used the system. Where parish councils or any other party have expressed a desire to be included in a specific consultation, the MMO can facilitate that when it is practicable to do so. The MMO has also designated area liaison leads for coastal development to attend coastal groups and forums at a regional level around the country. Through this engagement activity, the MMO seeks to raise awareness and understanding of the marine licensing process. It is really important that people understand how it works and how they can input into it. I take many of my hon. Friend’s points about how that might potentially be improved.

The Government have a commitment in the 25-year environment plan to ensure that all local authorities with a coastal interest are signed up to the coastal concordat by 2021. The coastal concordat is designed to remove red tape and streamline the consenting process for both regulators and applicants. This applies to the consenting of coastal developments in England. The MMO welcomes feedback on how to improve this service, and it will always seek to implement this where practicable.

In 2017-18, the MMO determined more than 800 applications on variations to licences—in 94% of cases, within a 13-week framework. I specifically asked for these figures prior to this debate because I wanted to know exactly what it is dealing with—and it is pretty significant. The MMO always strives to improve its service. On hearing my hon. Friend’s concerns relating to difficulties with the Mevagissey Fishermen’s Protection Association’s experiences of the consultation, I will urge it to do more in this area, including the website improvements that he mentioned.

I will now focus on the marine licence consultation for the mussel farm in Mevagissey bay. I do love a mussel, with a bit of white wine cream—lovely—and a bit of onion, chopped: very nice. My hon. Friend is right to bring to our attention the concerns of the Mevagissey Fishermen’s Protection Association on the marine licence consultation for a mussel farm in Mevagissey bay. I thank him, the Mevagissey Fishermen’s Protection Association and the MMO for their efforts to find an acceptable way forward. It is important that individuals can make their voices heard on decisions that may affect them. I note the concerns of the association and others on how the consultation for the marine licence application was conducted. Those concerns focus on the potential impact on the Mevagissey fishermen and other users of the bay, and the perceived lack of consultation regarding the licence application.

I understand that subsequently the MMO has worked with the Mevagissey Fishermen’s Protection Association to try to resolve this, and that the MMO had initially explained that its consultation process gave the fishing industry the opportunity to comment through the inshore fisheries and conservation authority or through public representation. Following further correspondence with the association, the MMO has offered to consult it on any future amendments to the marine licence in question. In the light of concerns raised, though, it may be the case that consideration should be given to providing guidance to the MMO about the circumstances where the IFCA should be offered the chance to be a formal consultee. I shall explore this further.

My hon. Friend inquired whether parish councils can be made statutory consultees in the marine licensing process. The Marine and Coastal Access Act does not name specific persons or bodies that have to be consulted on a particular application, but it provides that the MMO may consult any person or body with relevant expertise about a licensing application, in addition to an obligation to have regard to any representations made by any person in respect of a particular application.

The MMO has considered the points that my hon. Friend makes about parish councils carefully. In many cases, other local organisations are equally, or perhaps better, placed to respond to the consultation. A statutory requirement to engage parish councils, which would require primary legislation, would potentially lead to a slower and more expensive service for the applicants. There is a risk that that approach would achieve the exact opposite of the efficient and cost-effective service that the MMO strives to provide. However, I am keen to explore further how local engagement on marine licence consultation can be strengthened with the MMO and other local bodies. If a relevant parish council is key to a particular application, it seems important to seek its views; that is a good point.

I take my hon. Friend’s point about advertising forthcoming applications in local newspapers. Even though I am a great advocate of our local press and have written for many local newspapers, their circulation is unfortunately declining, so all ways of advertising these things should be considered.

I thank my hon. Friend, who is always an advocate for his area and has put it on the map since he came here. The Government acknowledge his concerns, and I hope it is clear that improvements to our marine planning and licensing are being worked on as I speak. I will write to the MMO to ask it to further consider how it consults fishermen’s associations and parish councils, and I shall report back to him.

Question put and agreed to.

Waste Incineration Facilities

Rebecca Pow Excerpts

Tuesday 11th February 2020 Westminster Hall

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

It is a great pleasure to serve under your chairmanship, Sir Roger. I congratulate the hon. Member for Washington and Sunderland West (Mrs Hodgson) on securing the debate. She raised particular concerns around the proposed incinerator at Hillthorn Park in her constituency. The debate has sparked heated interest; one might say it is something of a red-hot topic. I thank everyone who has taken part.

I make clear at the outset that waste and air quality are devolved matters, and stress, as I did on 28 January, that the Government’s intention is focused purely on reducing, reusing and recycling waste and on the whole idea of moving to a circular economy to achieve greater resource efficiency, as many hon. Friends and hon. Members have referred to. Measures that we are introducing will help us to do just that.

Evidence of the Government’s commitment to that aim can be seen in our landmark Environment Bill, introduced on 30 January, which, among other things, contains broad powers to establish deposit return schemes, such as those for drinks containers; provides for consistency in the materials collected from households, including food waste; and sets out services that businesses must take part in. I am pleased that the devolved Administrations joined us in the extended producer responsibility scheme, resource measures and eco-labelling. The hon. Member for Strangford (Jim Shannon) mentioned some of those.

I am pleased that my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) was clear that businesses making products such as plastic bottles want consistent waste recycling collections —as a Back Bencher, I met Coca-Cola, which reiterated that. People want more consistent collections. The Bill will help us drive towards an ambitious 65% municipal waste recycling rate by 2035 and a minimum 70% recycling rate for packaging waste by 2030.

I point out that it is a Labour-run council in Sunderland, where the hon. Member for Washington and Sunderland West comes from, and has been since 1974. In 2018-19, its household waste recycling rate was just 27.1%, compared with the national average for England of 43.5%, and its total waste incinerated was 71% of collected waste. It is telling that the hon. Member herself calls for a great deal more recycling and consistent collecting, rather than incineration, which is the direction her council has gone down.

Many other hon. Friends and hon. Members stressed that they would like to move in the direction that the Government are trying to move us, including my hon. Friends the Members for Loughborough (Jane Hunt), whom I welcome to her place, and for Carshalton and Wallington (Elliot Colburn). Interestingly on that note, while the hon. Member for Bath (Wera Hobhouse) was strong in her case against incinerators, it was actually the Lib Dem-led Sutton Council that approved the Beddington incinerator that my hon. Friend the Member for Carshalton and Wallington talked about, and a Lib Dem councillor who publicly campaigned against it was expelled from his own Lib Dem group. We need to get our messaging right about what we are calling for.

[Wera Hobhouse]

I really do not believe it is good to play the blame game here. Cash-strapped councils have looked at many areas for affordable alternatives to landfill, because it became very expensive. As a councillor from a deprived area, I know that recycling schemes and enforcing recycling are very human and resource-intensive. Councils need more money from central Government in order to get proper recycling schemes off the ground.

[Rebecca Pow]

I must be clear that local waste planning authorities are responsible for identifying their waste management facility needs and for working out the best direction to take. The hon. Lady will be pleased to hear that the measures in the Environment Bill that will be placed on local authorities will all be costed and funded.

Even after delivering high recycling rates, there is still waste that cannot be recycled or reused because, for example, it is contaminated or there is no end-of-life market for that material. There are choices about how we manage that unavoidable residual waste, and in making those choices we obviously need to consider the long-term environmental impact and the value of the waste resource. Methane is a potential greenhouse gas, and if we landfill biodegradable waste, for example, which is a component of many mixed waste streams, we face the prospect of significant methane emissions and toxic leachates over many years.

The legacy of our reliance on landfill is responsible for around 75% of the carbon emissions from the waste sector. We do not wish that to continue, which is why, as in our resources and waste strategy, we want to reduce the level of municipal waste sent to landfill to 10% or less by 2035, which I think all hon. Friends and hon. Members suggested is a good idea. That is why we are actively exploring policy options to eliminate sending any biodegradable waste to landfill by 2030.

On taxing incinerators—I did not manage to get this point in last time, and I thank the shadow Minister for giving me a bit more time this time—if the wider policies set out in the resources and waste strategy do not deliver our waste ambitions, as laid out in the Environment Bill and the strategy, including higher recycling rates, the Government outlined in the 2018 Budget that we will consider introducing a tax on the incineration of waste, operating in conjunction with the landfill tax and taking account of the possible impact on local authorities.

[Caroline Nokes]

Will the Minister give way on that point?

[Rebecca Pow]

Very briefly.

[Caroline Nokes]

I respectfully point out that the Minister has 12 more minutes. This issue is important. We heard the comment in the October 2018 Budget statement, and we have heard the Minister’s comments on it now. Is she prepared to put a timescale on that?

[Rebecca Pow]

No. Processes will be followed. So much of what is coming down the tracks, through the resources and waste strategy and the Environment Bill, should introduce a paradigm shift in the way we treat waste. The intention is that a tax may never need to be introduced, but one will have to watch the direction of travel and whether we are really cutting down on waste, because that is the intention before we ever have to introduce a tax.

As Members pointed out, incinerating has a carbon impact, but the evidence available is that the carbon impact of most mixed waste streams commonly sent to energy-from-waste plants is lower than if we sent it to landfill. Every day that passes brings new advances in carbon capture, and I am pleased to report that the Government will invest £800 million in this technology to deploy the first carbon capture clusters by the mid-2020s.The technology could potentially be applied to energy-from-waste plants to capture the carbon emissions from incinerating waste, thereby reducing carbon dioxide emissions even further. I point out, because the shadow Minister mentioned this issue, that all municipal waste incinerators are combined heat and power-enabled. Only nine deliver heat, but they all supply electricity.

The Government are clear that energy from waste should not compete with greater waste prevention, reuse or recycling. Currently, England has enough operational energy-from-waste capacity to treat about 38% of residual municipal waste, including a proportion of commercial and industrial waste. The majority of the 40 or so existing plants use conventional incineration with energy recovery, as that is tried and tested, but other technologies, such as pyrolysis and gasification, could achieve greater efficiencies, reducing environmental impact and delivering outputs beyond electricity generation. This is a changing space, and science is obviously benefiting the sector. Nevertheless, for the foreseeable future, conventional energy from waste will continue to have an important role in diverting waste from landfill, and it is the best option for most waste that cannot be reused or recycled.

I mentioned on 28 January that the Government are working to drive greater efficiency of energy-from-waste plants. That is largely through Department for Business, Energy and Industrial Strategy initiatives and it includes encouraging use of the heat that the plants produce, in addition to the electricity generated. The Government have in place other, wider measures that help to draw waste away from landfill and incineration. There is an opportunity to deliver significant greenhouse gas savings by converting the wastes into transport fuel, for example. Through the renewable transport fuel obligation—that is quite a mouthful—the Government incentivise the use of organic waste such as cooking oil and food waste to produce renewable fuels. The Department for Transport is examining the potential to support innovative waste-to-fuel technologies that have the capacity to produce advanced fuels, including even jet fuel.

Many hon. Members touched on regulation. Energy-from-waste plants in England are regulated by the Environment Agency and must comply with the strict emission limits set down in legislation. That includes plants using gasification technology. Every application for a new plant is assessed by the agency to ensure that it will use the best available techniques to minimise emissions and that it will not have a significant effect on local air quality. The Environment Agency will not issue an environmental permit if the proposed plant will have a significant impact on the environment or will harm human health.

[Darren Jones]

Does the Minister agree that the cumulative impact of the number of these facilities in a geographical area must also be assessed and that there must not be just an assessment of the individual application when each application comes forward for consideration?

[Rebecca Pow]

I obviously answered the debate earlier in the year about the incinerator in the hon. Gentleman’s area. He raises an important point. Certainly, local authorities are responsible for their own areas and should be looking to see how they can best deal with the waste in their areas.

Making decisions on planning applications is normally a matter for the local planning authority. They should be determined in accordance with the development plan unless other considerations indicate otherwise. Those would include, among other things, the assessment of the impact of the traffic generated, which has been mentioned. Indeed, when it comes to planning applications for waste management facilities of such a scale as the one that prompted this debate, there is a requirement to undergo an environmental impact assessment.

[Darren Jones]

I am sorry, but will the Minister give way just once more?

[Rebecca Pow]

I am going to plough on, because I want to get some of the points across that I could not make last time.

As the planning application referred to by the hon. Member for Washington and Sunderland West is subject to an appeal, it is the role of the Planning Inspectorate to consider all the material planning considerations that are relevant to the case, and from all parties, including the local planning authority, the applicant and those who might have made representations on the application—and of course all those people who signed the petition. However, I note the request made to my right hon. Friend the Secretary of State for Housing, Communities and Local Government for him to recover the appeal for his determination. As it is a live planning appeal, I am sure the hon. Member understands that it would be inappropriate for me to comment further.

Once operational, energy-from-waste plants are closely regulated through a programme of regular inspections and audits carried out by the Environment Agency, which also carefully considers the results of the continuous air emissions monitoring that all plants must do to meet the conditions of their environmental permit.

The hon. Member for Edmonton (Kate Osamor) raised the issue of air quality in particular, but air quality is of course devolved to local authorities, and the Greater London Authority is responsible for what happens in London. However, energy-from-waste plants must report any breaches in respect of emissions to the EA within 24 hours, so there are strict controls.

Health issues were touched on in particular. As part of the permitting process, the Environment Agency consults Public Health England and the local director of public health on every energy-from-waste application that it receives and takes their comments into account when deciding whether to issue a permit. I must point out that our clean air strategy has been commended by the World Health Organisation, and there are aims in it to halve any harm caused to human health by air quality. We therefore have strict controls coming down the tracks, and local authorities are all becoming engaged with them. Hon. Members should note that the position of Public Health England-remains that modern and well run and regulated municipal waste incinerators are not a significant risk to public health. That is what that body itself has said.

[Caroline Nokes]

Will the Minister give way?

[Rebecca Pow]

Very briefly.

[Caroline Nokes]

My hon. Friend appears to have only one page of her speech left, so I am sure we have plenty of time for her to read that out. I am conscious that she has made many comments about municipal waste facilities, but unfortunately the proposal in my constituency is not for a municipal one but for an entirely commercial one. Although I accept her reassurances about current standards and EA monitoring, does she think that that goes far enough?

[Rebecca Pow]

Of course there is a place for commercial waste incinerators, which is what my right hon. Friend refers to. We have in place an entire system of structures, permits, and checks and balances, but it is essential that they are seen to function properly and that they are monitored closely and conducted in the right way.

To conclude, I thank the hon. Member for Washington and Sunderland West for bringing forward this debate. This clearly is a heated issue, which has raised a lot of concerns, but I hope I have made it clear that harnessing energy from residual waste has its place as part of a wide, holistic waste management system. That will deliver value from waste as a resource. I wanted to be very clear, and I hope it has come out in what I have said, that the measures in the resources and waste strategy and the Environment Bill will enable a paradigm shift, in relation to reducing, reusing and recycling our waste, that should limit the amount that ever has to go to incineration and landfill. I hope that, from what I have said, hon. Members understand what is happening, the direction that the Government are absolutely committed to, and the move to a circular economy.

Oral Answers to Questions

Rebecca Pow Excerpts

Thursday 6th February 2020 Commons Chamber

[Felicity Buchan (Kensington) (Con)]

2. What recent discussions she has had with the Mayor of London on improving air quality in London.

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

The Mayor of London is responsible for air quality in the capital and has reserved powers under part IV of the Environment Act 1995 to reflect that. Although the Secretary of State for Environment, Food and Rural Affairs has not had any recent discussions with the Mayor of London on air quality, our doughty DEFRA officials are in regular contact with the Greater London Assembly.

I also wish to welcome my hon. Friend to her place. I know that she is already a strong voice in her area, and is obviously indicating that she will continue to be so.

[Felicity Buchan]

My constituency has some of the worst air quality in London. Does my hon. Friend agree that the Mayor of London needs to do more to improve air quality, given that currently only 2% of London buses have been converted to electric and only 10% of the 2 million trees that he promised have actually been planted?

[Rebecca Pow]

My hon. Friend’s question demonstrates how strong a voice she will be in this place. I must reiterate that the Mayor of London is responsible for air quality in the capital and has reserved powers under the 1995 Act to do this work. A great deal of money has been committed to help with that work, especially the retrofitting of buses, but I would not underestimate the challenge posed by air quality in our cities, especially London.

[Alicia Kearns (Rutland and Melton) (Con)]

3. What recent discussions she has had with the Secretary of State for Business, Energy and Industrial Strategy on supporting small and medium-sized food producer businesses.

--- Later in debate ---

[Grahame Morris (Easington) (Lab)]

6. When she plans to introduce a deposit return scheme for (a) glass and (b) plastic.

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

In our manifesto, the Government committed to introducing a deposit return scheme to incentivise people to recycle plastic and glass. We are aiming to introduce that scheme from 2023. The Environment Bill that was published recently includes an important section on waste and recycling, and will introduce powers to establish deposit return schemes. A deposit return scheme would include aluminium and steel cans, alongside plastic and glass bottles. The final details of the scheme, including types of drinks containers to be included, are being developed and will be presented in a second consultation.

[Grahame Morris]

I thank the Minister for her response. I think the whole House welcomes the introduction of the deposit return scheme in the Environment Bill, but the concern is that it is overly prescriptive, specifying two categories of plastic, rather than creating a framework that could be amended and widened in scope to incorporate more materials that could be recycled in future.

[Rebecca Pow]

I thank the hon. Member for his comments. I am delighted that he is so interested in the scheme. The first consultation had very wide support and we will have a further consultation. The industries wanting to use the collected recycled materials, particularly plastics, want very pure and well-sorted materials so that they can then turn them into the next products. We are thinking about this very seriously. More will be heard in the second consultation and that will come through in the Environment Bill.

[Elliot Colburn (Carshalton and Wallington) (Con)]

7. What steps her Department is taking to reduce air pollution.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

12. What steps her Department is taking to improve air quality.

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

Our clean air strategy sets out an ambitious programme of action to reduce air pollution from a wide range of sources. We have also put in place a £3.5 billion plan to tackle roadside nitrogen dioxide concentrations. Our Environment Bill delivers key parts of our world-leading clean air strategy and makes a clear commitment to set a legally binding target to reduce fine particulate matter, as well as enabling local authorities to take more effective action to tackle air pollution in their areas.

[Elliot Colburn]

I thank the Minister for her response. She will know that incineration is considered to only be slightly better than landfill when it comes to disposing of waste, but Lib Dem-run Sutton Council seems to think that its Beddington incinerator has no harmful effects at all on my Carshalton and Wallington constituents. Does she agree that the council should improve air quality monitoring near the site, tackle congestion and be much more ambitious as regards tackling air pollution?

[Rebecca Pow]

I am aware that Sutton Council approved the development of the Beddington incinerator as an alternative to landfill, which would have a higher pollution impact. The incinerator is required to operate in compliance with the permit conditions set by the Environment Agency, as I am sure my hon. Friend knows; he has mentioned the incinerator before. We encourage all local authorities, including obviously his Lib Dem-run council, to take action to improve air quality. I urge him to keep pressing it to keep within its commitments.

[Nicola Richards]

Birmingham City Council’s planned demolition of the Perry Barr flyover, which feeds traffic from Birmingham into West Bromwich East, will do nothing to tackle the already poor air quality in the area and cause huge traffic problems for my constituents. Does the Minister agree that local authorities have an obligation to ensure that major roadwork projects, especially on busy highways, improve air quality and ease congestion?

[Rebecca Pow]

Local authorities are required by law to consider the impacts of development on air quality. Local authorities are best placed to take local planning decisions and should take into account a range of factors, including impacts on air quality, the local economy and traffic flow—so my hon. Friend raises a good point—when carrying out roadwork projects. In terms of the wider picture, we are providing financial and expert advice to local authorities to tackle air quality.

[Kevin Hollinrake]

Air quality is seen very much as an urban issue, but even in the bucolic rural constituency of Thirsk and Malton we have our problems, including in Malton town centre due to high levels of standing traffic. What support can my hon. Friend offer to the local authority to resolve this issue?

[Rebecca Pow]

The Environment Bill includes measures to improve air quality that will ensure that local authorities, including in Malton, for which my hon. Friend always speaks up so determinedly, have a clear framework and simple powers to tackle air pollution. The DEFRA and Department for Transport joint air quality unit works with local authorities, underpinned by £572 million in funding, to tackle nitrogen dioxide exceedances, and DEFRA provides grant funding and technical support via a dedicated helpdesk.

[Mr Ben Bradshaw (Exeter) (Lab)]

If the Secretary of State has read the unprecedented four reports in the last Parliament by the Environment, Food and Rural Affairs Committee—chaired by the hon. Member for Tiverton and Honiton (Neil Parish), who is sitting behind her—she will know that a lack of power and resources in local government is a real problem, particularly in two-tier areas, as is the chronic lack of joined-up thinking by central Government. When will those two critical issues be addressed?

[Rebecca Pow]

This Government take air pollution extremely seriously. We are investing £3.5 billion in air quality and clean transport. We are helping local authorities to tackle air quality through the implementation fund and the clean air fund, with a £572 million budget and a lot of expert advice. I am overseeing many programmes being rolled out, and the right hon. Gentleman will see a great deal happening this year.

[Jim Shannon (Strangford) (DUP)]

Two hours of exposure to diesel fumes leads to 24 hours of negative impact upon a person’s health. What is being done to reduce diesel fumes for ordinary people in our communities?

[Rebecca Pow]

I thank the hon. Gentleman for his question. Roadside pollution is a key area. Nitrogen dioxide is one of the serious issues tackled under our nitrogen dioxide plan. Local authorities have a legal duty to tackle high levels of pollution on roadsides, which is why we have introduced a comprehensive system to help local authorities to tackle it. We are also bringing down the rate of diesel cars on the market.

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

T1. If she will make a statement on her departmental responsibilities.

--- Later in debate ---

[Liz Twist (Blaydon) (Lab)]

T2. If the biodiversity gain requirement is to make a real difference, local authorities will need additional strategic planners, ecologist and enforcement officers. What assessment has been made of the human and financial resources required, and will the Secretary of State confirm that those resources will be set out and funded in the forthcoming Budget?

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

Burdens put on local authorities through the Environment Bill will be fully funded. They will play a key role in helping with biodiversity net gain. They will also play a key role—as will other local organisations—in setting up our local nature strategies, which will inform what we do, and I very much look forward to that.

[Joy Morrissey (Beaconsfield) (Con)]

T4.   In Beaconsfield, we have many hard-working farmers, as well as local environmental groups such as Transition Town Marlow and Wild Marlow, which are leading the way locally in animal welfare and environmental protection. Will the Minister join me in welcoming the new standards that we are going to put in place for environmental protection and animal welfare as we leave the EU, and for the protection of our British farmers?

--- Later in debate ---

[Rebecca Pow]

I thank my hon. Friend, who is such a campaigner on this issue. It is a great idea. I believe that one fast-food chain is already considering doing this. It is something I have thought about myself when I am out on my bike and I see all the litter on the verges. Trust me, this Government are doing a great deal on litter, but we need to do more.

[Wendy Chamberlain (North East Fife) (LD)]

One way to reduce food waste is to rebalance the relationships between suppliers and supermarkets. Will the Government therefore commit to expanding the power of the Groceries Code Adjudicator and amending the groceries supply code of practice to better protect our farmers’ interests and reduce the amount of unnecessary food waste that can occur due to supermarkets’ excessively strict requirements?

--- Later in debate ---

[Mark Pawsey (Rugby) (Con)]

As part of her proposals for a deposit return scheme, has the Secretary of State sought to persuade her counterpart in the Scottish Government that the interests of consumers, producers and administrators will be best served by a system that covers the country—the UK—as a whole?

[Rebecca Pow]

My hon. Friend raises a good point. Scotland introduced its scheme first. We are consulting to ensure our scheme is absolutely fit for purpose. We want ours to completely align and we are very much lining up with manufacturers and processors to get the right system that suits them.

[Kerry McCarthy (Bristol East) (Lab)]

During the debate before the election on restoring nature and climate change, the Minister, who is now in the Lords, told the House that a legislative response to the problem of burning peatlands was being developed. When can we expect to see legislation being published?

Flooding: South Yorkshire

Rebecca Pow Excerpts

Thursday 30th January 2020 Westminster Hall

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

It is an absolute pleasure to serve under your chairmanship this afternoon, Mr Davies.

I congratulate the hon. Member for Barnsley East (Stephanie Peacock) on securing this debate on flooding in South Yorkshire. She has spoken up passionately for her local constituents about this. I am well aware of the terrible impact that flooding can have not only on communities, homes and businesses, but on individuals—on people and their wellbeing. I have experienced that myself, coming as I do from Somerset and having been very involved in the flooding that happened in 2012-13.

The right hon. Member for Doncaster North (Edward Miliband) talked about how the people in his constituency rose to the occasion and set the bar in rallying together. That is also what the people of Somerset did, so I thank all those people for their involvement. That brings me on to say early in my speech that I know the whole House will join me in thanking all those people who have been involved in the emergency services and helping people in those situations: the police, the fire brigade, the Environment Agency and all those who respond at such times. We are very grateful to them.

As the hon. Member for Barnsley East said, heavy rain fell and flooding took place across parts of south Yorkshire, Derbyshire, Lincolnshire and Nottinghamshire from a weather front that was sitting over Yorkshire on 7 and 8 November last year. More than 2,500 properties were flooded, including 850 in Doncaster alone. The autumn of 2019 was the wettest on record in the Don catchment, so it truly was an unusual weather incident.

By the start of November the ground was already saturated, standing water was widespread and river and reservoir levels were extremely high. Further persistent rain fell over the Don catchment area in south Yorkshire, exceeding 150% of the average November rainfall in the area. That rain shed rapidly off the already saturated land and river levels rose in response.

The Environment Agency swung into action, issuing seven severe flood warnings along the River Don, indicating a risk to life. The agency has an exceedingly well-functioning system for such warnings. Rotherham and Doncaster experienced the highest river flows on record, which had a devastating impact on communities, as defences were overwhelmed by the sheer volume of water overtopping on to the surrounding land. As we have heard, emergency responders evacuated 1,200 properties, or around 1,600 people, in Bentley and Fishlake.

I know that this will be of little comfort to those who were flooded, but around 22,275 properties nationwide were protected by flood defences in November, including nearly 7,000 properties in Yorkshire alone. To put that into context, in the previously mentioned 2007 floods in South Yorkshire, which were of a similar magnitude, around 6,750 properties and 1,300 businesses were flooded. That demonstrates that defence work carried out after the 2007 incident made a difference, with fewer people affected and fewer properties flooded. That is not to take lightly at all what happened this time around, but it is to put it in a bit of context, lest people think no action has been taken.

Needless to say, while it was all devastating, I understand that 90% of those people have been safely returned to their homes, although they still face months of disruption. Sadly, I must report the death of one woman in Matlock, who was caught in flood waters in the early hours of 8 November. That demonstrates how flooding is a real threat to life—a threat that we should never ignore.

The Government responded very quickly to activate support for the local areas affected, so I take issue with accusations being levelled against the Government that action was not quite taken quickly enough. I believe it was taken extremely fast and a whole raft of measures were set into place. I will outline them all, because I have time.

The Bellwin scheme was activated to help local authorities with the immediate costs of mitigating the impacts of flooding, including urgent things such as rest centres, temporary accommodation and staff overtime. That particular Bellwin scheme is for just those emergency things, and it was activated here. There were three Cobra meetings, three at official and two at ministerial level, to assess impacts and oversee the Government’s flood recovery role. The flood recovery network was triggered and six grants were made available.

I will outline what the flood recovery network is, because I am not sure that hon. Friends and hon. Members know quite enough about it. It was developed following lessons learned from the 2015-16 floods, which were also severe. The network contains a range of funding measures to enable the Government to be ready to respond to major flooding incidents. I have been asked a number of times about the EU fund, but we are leaving the EU, and we have our own framework for putting into operation a whole raft of measures, which I will touch on in a minute.

The Government activated this framework for the first time in on 12 November, as a result of the incidents that we have heard about today, through collaborative agreement across Departments—it was not just the Department for Environment, Food and Rural Affairs—and announced a series of measures to support the recovery of communities and businesses. The November floods triggered the framework by meeting the agreed criteria: the impact must be widespread over multiple locations, with 25 or more houses severely affected in each district. It is worth noting that weather incidents with localised impacts will not usually trigger this very broad recovery support package.

The flood recovery package includes six grants. The first is the community recovery grant, under which those severely flooded are eligible for £500 per household. Secondly, the Government will reimburse local authorities for the cost of a 100% council tax discount for a minimum of three months, or longer if floodwater entered their home or their home was otherwise considered unliveable for any period of time, and for the cost of a 100% council tax discount on temporary accommodation for anyone unable to return to their home.

Thirdly, the Government will reimburse local authorities for the cost of providing 100% relief from business rates for a minimum of three months, or longer if the business is unable to resume trading from the property. Fourthly, the business recovery grant offers financial support of £2,500 per eligible business for recovering local small and medium-sized enterprises. Fifthly, DEFRA triggered the farming recovery fund and announced it would make up to £2 million available to hard-hit farmers in south Yorkshire. That fund had already been applied to parts of north Yorkshire and Lincolnshire.

Sixthly, the DEFRA property flood resilience scheme provides up to £5,000 to help people to make their properties more resilient in future. Eligible local authorities—that is, authorities with more than 25 houses affected—are in the process of working with communities to enable them to make adaptations to their homes and businesses as part of the repairs to protect against possible future flooding. In addition to those funds, the Government are also committed to matching the funds raised by the South Yorkshire Flood Disaster Relief appeal fund up to the value of £1 million, as referred to by the hon. Member for Barnsley East.

[Stephanie Peacock]

I do not want to pre-empt the Minister, because she might be going on to mention this, but the point that my right hon. Friend the Member for Doncaster North (Edward Miliband) and I made was about the matched funding. We simply do not believe that it is fair. Can she commit today not to match funding, but to give the money that is required? Is our understanding correct that, if our local residents raise what currently stands at half a million pounds, the Government will match just that, or does the fund have to reach £1 million before the Government pay out? Can she not just scrap the matched funding and give us the money we need?

[Rebecca Pow]

I thank the hon. Lady for her intervention. I have listed a very large range of packages that were swung into action. Perhaps her councils are still discussing and talking to our officials about those, and I recommend that they continue to do so. I commend her local people for raising the money, and she can write to me about that afterwards, but I think that at the moment that matched funding stands, as it says, up to the value of £1 million.

[Edward Miliband]

rose—

[Stephanie Peacock]

rose—

[Rebecca Pow]

I will carry on, because I want to talk about Flood Re, which was raised earlier and is an important issue. Flood Re was launched in 2016 to improve the availability and affordability of household insurance for people who live in high flood risk areas, and it has made an enormous difference. Flood Re was set up as a result of learning from what had happened in previous flooding situations, when people reported that they could not get the right insurance. Indeed, many people from my own area of Somerset fed into the setting up and the working of Flood Re.

In the 2018-19 financial year, Flood Re reinsured more than 164,000 household policies, and 250,000 properties have benefited since its launch. Before its introduction, only 9% of householders who had made prior flood claims could get quotes from two or more insurers, as was commonly highlighted, and none were able to get quotes from five or more. However, since October 2017, after the setting up of Flood Re, the availability has improved so that 100% of households could get quotes from two or more insurers, while 93% could get quotes from five or more. By May 2019, 95% of those with flood claims could choose from at least 10 insurers, with 99% receiving quotes from five or more, which shows that the system is working.

The right hon. Member for Doncaster North mentioned some people reporting that they are unable to get insurance, and there are anecdotal reports that there was no flood insurance in Fishlake, Bentley and Doncaster. The Secretary of State announced a review into what happened there, why it was not available and all those things, and I look forward to its findings. We want Flood Re to function effectively, so I am happy to meet colleagues to go over issues about how it is working and how to make it work better.

[Edward Miliband]

I welcome what the Minister says about Flood Re, but I return to the point made by my hon. Friend the Member for Barnsley East. I know that the Minister cannot commit to making this money available today, but I ask her to go with us a little bit on the logic of this. If only half a million pounds is raised from local people and businesses, less money will be available for flood victims. It makes no sense, when up to £1 million has been allocated, for the Government to then say that they are only going to give half a million pounds. As I said earlier, that would not be acceptable if we were helping a developing country, and it should not be acceptable here at home. I know the money was originally from Ministry of Housing, Communities and Local Government resources, so will she go and talk to her MHCLG colleagues about this and about actually getting the money out of the door? South Yorkshire’s Community Foundation has not yet received even the half a million pounds to get the scheme going.

[Rebecca Pow]

I recommend that hon. Members go to MHCLG themselves to raise this issue. I have put my case for the amount of finance coming through in the flood recovery package. I will leave that there, but I am listening to what hon. Members say, and I commend the people raising the money.

The Government have absolutely committed to investing in flood risk, to the tune of £2.6 billion, and continue to play a key role in protecting the people affected. Talking about MHCLG, the right hon. Gentleman raised new houses on flood plains and the increase in flooding risk, as did my hon. Friend the Member for Rother Valley (Alexander Stafford). Planning authorities are responsible for giving the go-ahead for new housing, and they always seek Environment Agency advice on all these things, but planning also comes under MHCLG.

[Alexander Stafford]

On insurance, the Minister knows that Whiston, in Rother Valley, was affected by flooding in November. Can she guarantee that, under Flood Re, those people affected by flooding will be able to get insurance in the future?

[Rebecca Pow]

I hear what my hon. Friend says about his constituency. I urge all those constituents to go to insurers themselves. A huge number of insurers now offer flood cover. That is why Flood Re was set up. There is a bona fide system, and I urge those constituents to go through it.

While the Government are committing money, partnerships will also form a key part of delivering our flood resilience. Partnership funding is expected to attract more than £600 million of additional investment, as well as funding more than 1,000 flood defence schemes to better protect 300,000 homes. Lots of these partnerships are already demonstrating that they are working well across the country.

Of course, it is not just about urban areas. The Government’s investment will also better protect 700,000 acres of agricultural land, which is really important, too. That will help to avoid more than £1.5 billion of direct economic damage to agriculture, which will then benefit surrounding rural communities.

Lest not spending enough on flood schemes in South Yorkshire is levelled at the Government, of that £2.6 billion, £36 million has been allocated to flood schemes in South Yorkshire to better protect 6,480 homes. To name a few of the schemes, the Environment Agency is investing—over a six-year investment period between 2015 and 2021—£12.5 million in the Sheffield Lower Don valley flood scheme, to protect businesses in South Yorkshire, and £9.7 million in the Bentley pumping station refurbishment, which is currently well advanced. I believe that the right hon. Member for Doncaster North visited it, so he can report back that it is progressing well and is due to complete the summer of 2020, reducing the risk to potentially 1,669 residential properties, which is not insignificant. In addition, £8 million is being spent refurbishing existing defences, with nine locations already completed, reducing the risk to a further 3,772 properties.

[Stephanie Peacock]

The Minister mentioned £36 million, but it is estimated that a long-term strategy across the four boroughs in South Yorkshire will cost in excess of £200 million, so £36 million is clearly not enough money. What can she do to reassure us that that extra money will come forward?

[Rebecca Pow]

The hon. Lady leads me neatly on to my next point. I am confident that the Environment Agency, working together—it is constantly working with the councils and all the different bodies—with the South Yorkshire lead flood authorities and Sheffield city region, which are, I am pleased to say, using a very wide catchment approach, will find the additional funding needed to secure a strong plan. Several Members, including my hon. Friend the Member for Rother Valley, referred to the need for that, which pleased me. I know that everyone is keen that we have joined-up thinking on this, and I suggest that affected MPs from South Yorkshire meet me to talk about this and see what the overall picture is.

In the meantime, the Government are of course looking at funding arrangements and needs beyond 2021, when this funding window ends. We will continue to work with the Environment Agency and others to consider future investment needs and the role of Government in supporting resilient communities. In addition to what I call conventional flood defence mechanisms, a wide range of other mechanisms are being used, and will increasingly be used, to reduce flooding, using a catchment approach, and particularly nature-based approaches. The right hon. Member for Doncaster North is vociferous on climate change—absolutely rightly; we have done much work together on that front. This is all interlinked with that agenda and will help towards the whole climate change issue.

On funding, we recognise where deprivation is highest through higher payments when flood money is handed out. That is obviously important in urban and rural areas. Obviously, climate change, which will give us more extreme weather events and impacts on the environment, is a crucial national priority, and also a really important international priority. The UK is already demonstrating that we are leading the fight on this, and we are delivering our world-leading target for net zero greenhouse gas emissions by 2050. However, adapting to the inevitable changes brought about by climate change is vital. We are taking robust action to improve the resilience of our people, our economy and our environment through investment, not least through the commitment of £2.6 billion over six years to better protect communities from flooding and erosion.

This has been an insightful and useful debate, and I thank all the contributors. Thank you, Mr Davies, for overseeing our proceedings. I end by again thanking all the services that swing into action when there is flooding to help to protect us all.

Industrial and Commercial Waste Incineration

Rebecca Pow Excerpts

Tuesday 28th January 2020 Westminster Hall

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

It is a great pleasure to serve under your chairmanship, Mr Hosie. I do not think I have had the pleasure before. I commend the hon. Member for Cardiff South and Penarth (Stephen Doughty), who referred in particular to a proposed incinerator in his constituency, for securing the debate. The fact that so many colleagues took part in the debate shows what heat this subject generates, from Carshalton and Wallington to Strangford and everywhere in between.

I must point out right at the outset that waste and managing air quality, which was also touched on, are devolved matters. I cannot comment on the specifics of the waste strategy in Wales or how policies in Wales influence the case for the plant that the hon. Gentleman mentioned; I can give my views only on what we are doing in England. However, I was heartened to hear the intervention of the former Secretary of State for Wales, my right hon. Friend the Member for Vale of Glamorgan (Alun Cairns), who pointed out that it was the Welsh Government that prioritised incinerators of various types. That perhaps should be taken into account.

I do not have much time, so let me first tackle a few misconceptions to ensure that I answer some of the questions that were asked. I want to clarify that the scheme mentioned by the hon. Member for Cardiff South and Penarth was part of a £5 billion portfolio of energy investment by the UK Government. That was in 2018, when the site was owned by CoGen. The project was removed from that list when its proposed technology shifted from gasification to incineration. We must not spread misconceptions. I just wanted to point that out.

Similarly, I think the hon. Gentleman suggested that we export a lot of waste from England to Wales. Obviously, where to site the plant in Wales is a commercial decision, but I would point out that in 2017, for example, nearly 60,000 tonnes of Welsh waste went to landfill in England, and 70,000 tonnes went to incineration.

I also want to clarify the position on PM2.5 emissions, which another hon. Member mentioned. Emissions from waste incineration represented 0.02% of PM2.5 emissions in the UK in 2017. A much higher amount—15%— came from transport. I thought that clarification might be useful.

I want to set the record straight: as my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) highlighted, our focus as a Government is on “reduce, reuse, recycle”. We are sticking to that, as well as to the drive towards an ever more circular economy, which many Members touched on. That means extracting maximum value from our resources, then recovering and regenerating products and materials at the end of their lifespan. Through that, we seek to minimise the amount of waste that goes to incineration or landfill, which certainly are at the bottom of the waste chain.

However, needless to say, there is commercial and industrial waste classified as municipal waste. I agree entirely with the shadow Minister that much of it ought to be recycled. That is why the forthcoming environment Bill, which I hope everyone present will support, will include far-reaching measures to drive us towards a circular economy. We will also introduce legislation to increase the separate capture of business waste, promoting high-quality recycling. That will include food waste from the catering sector, for example, which will have to be captured separately and, wherever possible, diverted from landfill or incineration into anaerobic digestion.

[Alun Cairns]

Will the Minister give way?

[Rebecca Pow]

I have so little time, so I hope my right hon. Friend does not mind if I do not.

We are going towards high-quality recycling, but clearly we have residual waste. That is dealt with in a number of ways, which include landfill, incineration with energy recovery and export as refuse-derived fuel. Landfill is the least favoured option. Policies aimed at diverting waste away from landfill mean that, in addition to recycling gains, the volume of waste being treated at energy-from-waste plants has increased. Of course, however, the aim with all the measures in the waste and recycling strategy is to bring that down.

Energy-from-waste plants are regulated by the Environment Agency and must comply with strict emissions limits set in legislation. The agency assesses every application for a new plant to ensure that it will use the best available techniques to minimise emissions and will not have a significant effect on local air quality. The Environment Agency will not issue an environmental permit if the proposed plant would have a significant impact on the environment or harm it. Once operational, energy-from-waste plants are closely regulated and constantly monitored. The views of Public Health England about the potential health effects of such plants are also taken into account, because safety is paramount.

The Government have been very clear about maximising the resource value of waste, including residual waste. That is why we are working to ensure ever greater efficiency in these plants. Waste-to-heat plants were touched on; the Department for Business, Energy and Industrial Strategy has a fund to move towards heat networks. I know the shadow Minister will welcome that, because it is something he is particularly interested in. If the hon. Member for Washington and Sunderland West (Mrs Hodgson) would like a little more information about that particular technique in the plant she mentioned, I am happy to get my experts to advise her.

Lowestoft Tidal Flood Barrier

Rebecca Pow Excerpts

Monday 20th January 2020 Commons Chamber

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

As usual, it is a great pleasure to serve under your chairmanship, Madam Deputy Speaker. I congratulate my hon. Friend the Member for Waveney (Peter Aldous) on securing this important debate. The fact that so many hon. Members stayed late tonight shows that flooding is always taken extremely seriously, and that was also demonstrated by the fact that others intervened.

My hon. Friend has been passionate in speaking up for this flood scheme and its meaning for his local community and for Lowestoft, which, as we have just been made aware, is the country’s most easterly town. He is also committed to the future of the East Anglian fishing industry, about which he talks a great deal in Parliament, and I cannot let this opportunity pass without mentioning the amazing Lowestoft kipper that I had the other day on a ministerial visit to Great Yarmouth. It might have been in a neighbouring county, but the kipper came from Lowestoft, and it was the best I have ever tasted.

I recognise the work that has been done. We have heard a lot of history tonight. Back in December 2013, there was a tidal surge that affected approximately 160 residential properties and 233 commercial properties across Lowestoft and Oulton Broad. There were also significant impacts on local infrastructure, including road and rail transport, electricity, gas and water utilities. It was serious, and I commend East Suffolk Council for taking a long-term view on managing flood risk and recognising how flood risk management infrastructure can contribute to Lowestoft’s future prosperity.

I am mindful, of course, of the challenges faced by the town and of the port’s importance as a crucial offshore wind farm construction site that maintains this hugely important industry. Flood and coastal risk management is a high priority for this Government and, coming from Somerset, where we have had many of the dire consequences of flooding over the years, I well know the impact that flooding can have.

Compelling evidence suggests that climate change may lead to increased sea levels by the middle of this century. There are both present risks and future risks, so we have to support our coastal communities and manage these things carefully.

The Lowestoft tidal barrier scheme is the crux of tonight’s debate. I acknowledge the work that East Suffolk Council has already done in leading and managing the delivery of the project, with help from the Environment Agency throughout its development and assurance. The scheme is in two stages, as we have heard, and will reduce the probability of tidal flooding. It will support 22,400 jobs and safeguard 402 households.

It is heartening to hear that stage 1, which includes work to protect against river and surface water flooding, as well as the construction of the tidal walls in preparation for a tidal barrier, has been approved and is fully funded. Construction is scheduled to start later this year, with an estimated cost of £16 million, of which I am pleased to say that £2 million will come from DEFRA’s flood and coastal erosion risk management grant in aid funding—that is a big mouthful, but it is an important fund—and £1.9 million will come from the local levy raised by the Anglian Eastern regional flood and coastal committee. The remaining £12 million will come from partnership funding contributions, which includes £10 million from the local enterprise partnership. I commend them all for their work to secure these partnerships and contributions. This is a good example of how flood defence projects should operate.

Stage 2 relates to the construction of the town’s tidal flood barrier, about which we have heard much. This clearly has implications for residents and businesses. I understand that an additional £43 million of funding is required to enable this phase to be delivered. It is due to the need to maintain an operational harbour—Lowestoft port is a vital hub for offshore wind—that the programme will now be divided into three short windows over the winter months. That is what has caused the escalation of costs. The outline programme shows the tidal barrier works provisionally starting in 2022 and completing in 2025.

I am heartened to hear that this is a low-carbon project, and I welcome the news that East Suffolk Council has formed a dedicated team to work on phase 2 with a focus on securing partnership contributions, particularly in relation to the infrastructure and all the other developments. Protecting transport networks and the economic prosperity of the region is clearly important, and it ties in with the Government’s wider aims. I hope the council and this partnership will attract more funding.

As floods Minister, I am aware that flood risk management systems not only protect communities but create confidence, enable local economies to expand and grow, and deliver environmental improvements. These things are all important in taking a long-term view of the environment, particularly with respect to our 25-year environment plan.

I want to talk more widely about the Government’s commitment to dealing with flooding and to flood spending. We are investing £2.6 billion over the six years until 2021 better to protect 300,000 homes from flooding. This will see the delivery of more than 1,000 schemes and is projected to save the economy more than £30 billion in avoided damages. So the Government are taking flooding extremely seriously, and the effects and future effects of climate change are very much interwoven with this. That is why we have also committed a further £4 billion in the next funding programme. I must just correct my hon. Friend on this—I am sure he did not mean to say it—because although it would be brilliant if that were £40 billion, the sum is actually £4 billion. Optimism is always a good thing though.

Our programme of investment aims to maximise the economic benefits and number of homes protected, in terms of the potential damages of flooding or coastal erosion avoided, taking account of local choices and priorities. Further decisions are made on the basis of a rigorous assessment of local needs and the value for money of proposed schemes, and the funding of all projects is allocated according to the rules that govern DEFRA’s existing six-year capital programme. DEFRA’s £2.6 billion investment is allocated in accordance with the partnership funding policy, which clarifies the level of investment communities can expect from DEFRA, so it is clear what levels of partnership funding they need from other sources. [Interruption.] I am being told that I need to get a move on, but I hope I am making it clear that DEFRA does not have a policy whereby it is just there to fill funding gaps in individual projects; there is no provision for that. It is not possible to deliver every single scheme and reduce flood risk in every single area, and it is my duty, as the Minister, to look at the national perspective on flood risk management and ensure that the available funding is fairly and consistently distributed. I am sure my hon. Friend fully understands that.

The next steps will be to encourage the partnership in Lowestoft to attract the partners and funding it needs.

I thank my hon. Friend for raising this issue. The Government and the Environment Agency fully understand the challenges in Lowestoft, which I know he will continue to raise. The Government are fully committed to addressing climate-affected flooding issues, and I very much look forward to hearing how the project goes. Whatever the Environment Agency can do to support this, with Government advice, we will always listen to my hon. Friend.

Question put and agreed to.

Oral Answers to Questions

Rebecca Pow Excerpts

Thursday 31st October 2019 Commons Chamber

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

May I add my fond goodbyes, Mr Speaker? I will forever remember, as a Back Bencher, waiting and bobbing and finally being woken up and called by you saying, “Rebec-Kerpow!” I will always remember that, although you probably did not realise you had said it.

The Environment Bill includes measures to improve air quality, which will ensure that local authorities have a clear framework and simple-to-use powers to tackle air pollution. DEFRA and the Department for Transport’s joint air quality unit works closely with local authorities, underpinned by £572 million in funding, to tackle nitrogen dioxide exceedances. More than £3 million in air quality grant funding was awarded to local authorities in March for projects in local communities.

[Ruth Cadbury]

Mr Speaker, may I first thank you on behalf of many of us for the role you have played in ensuring that this elected House calls the Executive to account with such fervour? Also, could you turn your attention to the bag that is in the cupboard in your office, which requires your signature so I can use it as a raffle prize?

[Ruth Cadbury]

Thank you, Mr Speaker. We know that the ultra low emission zone in central London has been a huge success, bringing about a 36% reduction in nitrogen dioxide pollution in London. Does the Minister not agree that it is vital that the Government support the Mayor of London in his efforts to tackle air pollution, and will she please support the expansion of the ULEZ in 2021?

[Rebecca Pow]

The hon. Lady makes a very good point. London faces specific challenges, not least because the size and complexity of the capital’s transport network is quite different from others, and the commitment of the Mayor and the Greater London Assembly to tackle air quality in the capital is absolutely welcomed. The Mayor has received a comprehensive funding settlement for dealing with air quality, to the tune of £5 billion, which includes measures to tackle the nitrogen dioxide limits.

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

May I wish you well in your retirement, Mr Speaker?

Air quality has been worked on across Government, across Departments and across local government, so can we be assured that all parts of the Government will do everything they can to get everybody working together to monitor air quality, get more electric cars and actually do something about the quality of air across the whole of our country, especially in the hotspots?

[Rebecca Pow]

The Chairman of the Select Committee makes a very good point. Air quality is an absolute priority because it affects human health. We already have the clean air strategy, but in the Environment Bill we are putting through much clearer and simpler powers for local authorities to actually use their duties to tackle air quality, and we will see many more of these charging zones coming in over the next year. As the Minister in charge of air quality, I will ensure that these are tackled as fast as possible.

[Rachael Maskell (York Central) (Lab/Co-op)]

13. Bad planning is leading to more and more ill-thought-through developments in the heart of York, resulting in the poor air quality in our city worsening. What steps will the Minister take to ensure that planning departments in local government really comprehend the consequences of their actions?

[Rebecca Pow]

Tackling air quality is closely linked to what happens in the planning system, particularly when it comes to housing. Officials in the two Departments have recently collaborated on developing planning guidance. I recently wrote to Ministry of Housing, Communities and Local Government Ministers to urge much closer collaboration on, for example, housing and housing design, because all the emissions from housing affect climate change. This is all about cross-working.

[Tracey Crouch (Chatham and Aylesford) (Con)]

Parts of Chatham suffer from high levels of air pollution. Medway Council is doing what it can to tackle it, but I am working with a school that sits right on a very busy road to develop a green wall to reduce some of the air pollution specifically for children. What work is the Minister doing with the Department for Education to support schools to provide their own green solutions to tackle air pollution?

[Rebecca Pow]

That question is of great interest to me as a former horticultural journalist. Green walls are a great thing. Not only do they look great, but they help by taking in carbon emissions and so on. DEFRA has an air quality grant programme that can help local authorities to fund projects to tackle air pollution in specific areas like schools, so that school could ask for support under the programme. Good question.

[Several hon. Members rose—]

[Bambos Charalambous (Enfield, Southgate) (Lab)]

One of the things that I will certainly miss when you are not in the Chair is how you pronounce my name, Mr Speaker. Thank you so much.

Why does the Environment Bill not include World Health Organisation targets for air pollutants or set clear targets to meet them?

[Rebecca Pow]

Air quality targets are included in the Bill, but we already have an ambition in the clear air strategy. Reaching the target for particulate matter 2.5 is an absolute priority, but the actual target will be set in secondary legislation after expert advice has been taken on exactly how to do that. I met one of the heads of the WHO just last week, and she agreed that that is the right way of doing things, because this is tricky, and we must get it right.

[Jeremy Lefroy (Stafford) (Con)]

4. What steps she is taking to tackle plastic pollution.

--- Later in debate ---

[Tim Loughton (East Worthing and Shoreham) (Con)]

5. What recent steps her Department has taken to improve air quality.

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

Our clean air strategy sets out an ambitious programme of action to reduce air pollutant emissions from a wide range of sources. The World Health Organisation has recognised the strategy as an example for the rest of the world to follow. We have also put in place a £3.5 billion plan to tackle roadside nitrogen dioxide concentrations, and our Environment Bill makes a clear commitment to set a legally binding target to reduce fine particulate matter.

[Tim Loughton]

May I echo the tributes being made to your chairmanship, Mr Speaker, although I did not get the memo about sending a bottle to your office as part of it?

I very much welcome the inclusion of air quality provisions in the Environment Bill. May I urge the Minister to look at some of the technological solutions, including one from a company in my constituency which is producing paints and coverings that neutralise nitrogen oxide emissions, not just absorb them? May I also ask her to look at the issue of air quality monitoring, because it turns out that several bits of air quality monitoring equipment in my constituency have not been working for some time? Although we have obligations on local authorities to reduce air pollution, we do not appear to have similar requirements on them to make sure they are monitoring it properly and accurately, and that needs to be looked at.

[Rebecca Pow]

I thank my hon. Friend for raising these important points. Officials would be pleased to hear about any technologies, because the use of innovation and tech is absolutely the way we are going to solve lots of these problems. So I would be grateful if he would like to feed them in so that I can pass them on. Monitoring is also key, and it is all about science and data, which are very important. Our landmark Environment Bill requires us to set legally binding targets on this fine particulate matter, which is what authorities are mostly monitoring, as well as nitrogen dioxide, and to have separate long-term air quality targets to improve air quality nationwide. So we are moving in the right direction.

[Clive Efford (Eltham) (Lab)]

We are hearing commitments and good words from the Government but we are seeing very little action. They have been lackadaisical when it comes to the breaking of legal limits on air pollution, including at 50 sites across London. The Mayor of London has taken effective action, through the ultra low emission zone, and has taken practical steps to reduce air pollution. Is it not time we saw the same sort of determination from the Government?

[Rebecca Pow]

A great deal of action is taking place: local authorities have a duty to tackle air pollution and this year clean-air zones are coming into major cities right across the nation. The Department is working closely with others on the introduction of those zones, about which the House will hear more shortly.

[Angela Smith (Penistone and Stocksbridge) (LD)]

6. What plans she has to ensure the (a) transparency and (b) accountability of the proposed Office for Environmental Protection.

--- Later in debate ---

[Dame Cheryl Gillan (Chesham and Amersham) (Con)]

9. What steps she is taking to protect chalk streams.

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

This Government are committed to taking action to protect and enhance the water environment, including our valuable chalk streams. Chalk streams are under particular pressure at the moment due to low groundwater levels following two dry winters. We are working closely with partners to reform and reduce the volume of abstraction, deliver catchment sensitive farming, reduce pollution and plan future environmental resilience.

[Dame Cheryl Gillan]

Today is a sad day for Buckinghamshire, Mr Speaker, because we are going to lose you as the Member for Buckingham. Before I ask my question of the Minister, may I just say that you have been a superb colleague to sit alongside? I am going to miss you particularly because you will not be there to join me in championing the Chilterns, but you have consistently stood by my side when opposing HS2, and you are to be congratulated on what you have done on autism. As I press for the Chilterns area of outstanding natural beauty to become a national park, I do hope that, even though you will have left this place, you will still stand by my side and support that proposal.

[Dame Cheryl Gillan]

Thank you.

The Chess and the Misbourne are ecologically vulnerable chalk streams in my constituency, and there are several in the Chilterns that are under threat. HS2 Ltd has now said that it requires 8 million litres of water a day for two years in order to build phase 1 of HS2. That means that we could face over-abstraction again, and could see these streams irreparably damaged or destroyed altogether. Will Ministers really take this on board and work with the Department for Transport to get HS2 cancelled—and, if not, to protect these absolutely precious pieces of our environment for our future generations?

[Rebecca Pow]

Chalk streams are some of our most precious environments, so this is a serious issue. The Environment Agency is advising HS2 Ltd and its contractors on mitigating the potential impact of its work on water levels and the quality of chalk streams, including when it comes to water usage for tunnelling in the Chilterns. The Environment Agency will be reviewing any application for increased abstraction in line with the relevant abstraction management strategy to ensure that there is no detrimental effect on chalk streams. I take this matter very seriously and would be happy to meet my right hon. Friend to discuss this further because chalk streams are so important and it is important that we get this right.

[Daniel Zeichner (Cambridge) (Lab)]

Mr Speaker, thank you for turning the pronunciation of challenging surnames into an art form in itself—although I have to say that my campaign to be called in reverse alphabetical order continues.

The River Cam is fed by chalk streams. In July this year, it fell to a third of its normal level, which has caused huge concern not just in Cambridge, but in the surrounding county. This has happened largely due to over-abstraction. What can the Minister to do to assure us that that is going to be tackled with urgency?

[Rebecca Pow]

The issue with chalk streams, of course, is that they are fed by groundwater from aquifers; they are very special areas of water extraction. There is going to be a section in the Environment Bill on abstraction licences. I hope that when that gets going and we have proper discussions about that Bill, it will include some ameliorations for chalk streams.

[Liz Twist (Blaydon) (Lab)]

T1. If she will make a statement on her departmental responsibilities.

--- Later in debate ---

[Paul Blomfield (Sheffield Central) (Lab)]

T6. May I join colleagues in thanking you, Mr Speaker, for everything that you have done to stand up for our democracy?The Government’s Environment Bill does not actually include targets; it only requires Ministers to set them. Those targets could be 15 years in the future, they could be lower than current standards and they need be nothing more than aspirations. The Prime Minister has said that he would “enshrine the highest standards” in law. Obviously, nobody believes a word that the Prime Minister says, but does the Minister agree that there should be a legislative commitment to non-regression from current environmental standards?

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

The Environment Bill sets out a duty to set targets—actual targets will all be set in secondary legislation, as has been quite clearly stated—and it has had a lot of support from many organisations across the board. The whole system will be overseen by the Office for Environmental Protection, which will have to look at the five-yearly targets and review them annually. There is a very strict set of regimes in there. The Government have given very clear indications about not reducing our environmental standards—that is absolutely not the direction this Government would ever intend to go in—and that includes comments made just last week by the Prime Minister about non-regression.

[Jeremy Wright (Kenilworth and Southam) (Con)]

Thank you, Mr Speaker, for your kindness in calling me today, for your broader kindnesses to all of us and for all your service from the Chair.

I want to raise an issue again that I know is also of concern to you, Mr Speaker. Ministers know that HS2 and its construction will affect a good deal of farmland. They will also be aware, I hope, that HS2 Ltd has not been as effective as it should have been either in providing full and timely financial compensation for land lost or in making the practical arrangements necessary to allow farmers to farm properly the land they have left. Will my right hon. Friend and her colleagues please make sure they engage with colleagues at the Department for Transport to ensure that the financial and psychological consequences for the farmers affected by HS2 are properly mitigated, if this project is to continue?

Minerals Mining (Barford)

Rebecca Pow Excerpts

Tuesday 29th October 2019 Commons Chamber

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

I congratulate the hon. Member for Warwick and Leamington (Matt Western) on bringing this debate to the House. I know that he cares about the environment. He took over from me on the all-party electric vehicles group, so we have a connection in caring about the environment, emissions and suchlike. He is right to raise issues that relate to his constituency.

I do, however, hope that the hon. Gentleman appreciates there is a due and proper process to be followed in the consideration of local planning, and that given the Secretary of State’s quasi-judicial role in the planning system, I am unable to comment on the detail of individual minerals local plans. I am sure he knew that I would say that. The Government are committed to ensuring the independence of the examination process for local plans, and local people must have confidence that the examination of local plans for their communities is fair and open, and that decisions are made impartially. I understand that Warwickshire County Council is proposing to submit the Warwickshire minerals plan to the Planning Inspectorate in the coming weeks. Therefore, neither I nor my right hon. and hon. Friends at the Ministry of Housing, Communities and Local Government—with whom I know he has had many exchanges on this issue—are in a position to directly address the specific concerns raised by his constituents. Consideration of the Warwickshire minerals plan will be done in accordance with the planning system.

I am, however, happy to discuss the crucially important topic of protecting our constituents, local communities and the environment from any impacts of development. National planning policy and guidance requires mineral planning authorities to plan for a steady and adequate supply of aggregates, including crushed rock, sand and gravel, by designating specific sites, preferred areas or areas of search. Designating specific sites provides more certainty about when and where development will take place. However, I fully understand the concerns that people such as the residents of Barford have when development is proposed in their local area, particularly where these concerns include potential development that may result in environmental impacts on their communities, homes and businesses.

We therefore need to be sure that we have clear and strong environmental regulation and planning controls that work for the environment, for people and for business. As I am sure the hon. Gentleman is well aware, the Environment Agency and local planning authorities each have distinct roles with regard to pollution and planning controls to enable this to happen. Anyone with concerns must be confident that the system is designed to listen to those concerns. That is why all the steps of our planning system are supported by a public consultation process through which stakeholders may consider the proposals and voice any concerns they may have to the local planning authority. As we heard, over 1,000 people responded to Warwickshire’s minerals local plan consultation in 2018. Clearly, that is a large number of people for the small area of the village.

Once the local planning authority has prepared and consulted on a local plan, as Warwickshire has done, it is submitted to the Secretary of State, who will appoint an inspector to carry out an independent examination. This process is dealt with by the Planning Inspectorate. The examination will assess whether the plan has been prepared in accordance with the legal and procedural requirements and whether it is sound. The four tests of soundness are set out in the national planning policy framework.

[Matt Western]

I totally accept that process and how the cogs of local government and so on turn, but my question is actually around the assumptions. Those of us who are quite close to the changes in the whole construction industry and the sorts of housing that we will have in future would say, “Will we be requiring these materials in the same quantity as we have done in the past when modular housing and other forms of construction are coming through and therefore the dependence on and need for sand and gravel will be greatly reduced?”

[Rebecca Pow]

The hon. Gentleman makes a sound point, but that is all assumption, and we have no data. Councils have to work on data in preparing their five-year plan for housing allocation, as they have to with minerals. That is why we have a system for how these things work. They might change in future, but that is all just supposition, if I might be so bold as to say that.

The planning inspector will consider the evidence provided by the local planning authority to support the plan and any representations put forward by local people and other interested parties. The proposed allocation at Barford will be considered as part of that examination, and the inspector will take into account the issues and viewpoints raised in the representations made, including those from residents in Barford regarding the allocation at Wasperton farm. The residents can make the case about whether this amount of crushed gravel is needed right now, but the council has a process for deciding whether it wants to abide by that guidance.

Unfortunately, by its very nature, new development, whether it be housing or mineral extraction, will have some impact on the local environment. It is for that reason that there are clear and defined measures by which development proposals and their potential impact on residents, local communities and the environment are assessed. The national planning policy framework includes a requirement for local plans to be accompanied by a sustainability appraisal, which plays an important part in demonstrating that the local plan reflects sustainability objectives. That has to be taken into account.

The sustainability appraisal of the Warwickshire minerals plan incorporates a strategic environmental assessment, which included an assessment of the site allocation at Wasperton farm. A habitats regulations assessment was also undertaken, which considered the potential of significant effects on habitat sites or species located within Warwickshire and the vicinity. The proposed mineral local plan policy for the allocation at Wasperton farm includes a number of requirements in relation to access, environmental matters and phased restoration of the site. Those considerations will all need to be taken into account if individual planning applications are made.

Given that the proposed site allocation at Wasperton farm is pretty large—85 hectares—any future planning application for quarry activities will need to be accompanied by an environmental impact assessment. That process assesses the potential for environmental effects, including those to land, including agricultural land; air quality, which needs to be considered by the local authority against the local air quality plan; dust; the health of local residents; noise levels; transport; the landscape; and local and long-distance views, which I understand was raised by the residents of Barford. It would be remiss of me not to highlight that the process also gives consideration to the potential positive impacts of such a development on the local economy, employment and suchlike.

Similar to the local plan-making process, the environmental impact assessment process requires consultation with stake- holders. That process will allow Warwickshire County Council to determine any planning application, should one be submitted. The local planning authority will also have the power to set conditions to which any approved application must adhere, and the local planning authority can take action if it is deemed that any condition is breached.

I fully appreciate that I have been unable to address the specific concerns raised by the hon. Gentleman and the residents of Barford, but it is right that he is raising those concerns on their behalf, as their Member of Parliament. That is the right thing to do, and I would probably do the same for the residents of Taunton Deane. I hope that my explanation of the planning and permitting system and the measures by which we seek to manage any potential environmental impacts has provided some reassurance.

Question put and agreed to.

INSPIRE (Amendment) (EU Exit) Regulations 2019

Rebecca Pow Excerpts

Tuesday 29th October 2019 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 INSPIRE (Amendment) (EU Exit) Regulations 2019 (S.I., 2019, No. 1352).

It is lovely to see you here bright and early this morning, Mr Robertson. I am delighted to be serving under your chairmanship again. The regulations were laid before the House on 15 October. INSPIRE is a framework directive that has been in effect since 2009, and it requires EU member states to operate a national spatial data infrastructure, using common standards for spatial data and spatial data services. In case anyone is worried about what spatial data is, let me explain that it is data that identifies the geographic location of features, boundaries and events, which means natural features such as rivers, elevation and marine, constructed features such as roads, buildings and wind turbines, and events such as noise levels, air quality and industrial emissions.

The use of common standards means that spatial data is interoperable and can be easily found, used and combined with other data. The rationale for the INSPIRE directive is to improve environmental policy making at all levels of government. The regulations update two sets of earlier EU exit regulations relating to INSPIRE to ensure that the UK spatial data infrastructure can continue to be effective and operable on leaving the EU.

The first legislative update is to the INSPIRE (Amendment) (EU Exit) Regulations 2018, which were laid before this House on 12 December 2018. Those regulations brought most of the INSPIRE directive, and its directly applicable implementing rules, into legislation covering England, Wales and Northern Ireland. Scotland has its own INSPIRE regulations and made its own amending legislation in 2018.

The second legislative update is to the Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019. Those regulations brought the remainder of the INSPIRE directive into UK legislation. They were debated in this House on 17 July and made on 15 October.

[Mr Mark Prisk (Hertford and Stortford) (Con)]

I do not want to appear too much of a digital mapping geek, but perhaps the Minister could tell me what role the Geospatial Commission, which has a co-ordinating role in Whitehall, would have in terms of the sub-national bodies that she refers to.

[Rebecca Pow]

That was a timely intervention. My constituency, Taunton Deane, is hoping that the geospatial hub that is currently being commissioned will be based in Taunton; I am not trying to influence the debate, but the UK Hydrographic Office is in Taunton. It deals with most of the world’s shipping maps, so it is already a specialist in that space, in marine data. It makes great sense to link up such things. There are other spatial hubs, for other things. The Ordnance Survey relies on one that I think is based in Southampton. Interestingly, the Geospatial Commission, which I just mentioned in relation to the hub for Taunton—I hope—is due to publish its geospatial strategy next spring. The Department for Environment, Food and Rural Affairs will work with the commission as required, to help to develop the strategy.

The legislative functions regulations transferred to the appropriate authority the functions of the European Commission in the EU INSPIRE directive and other directives. The functions transferred by those regulations in respect of INSPIRE are for the appropriate authority to make new sets of implementing rules and to revoke implementing rules that are no longer needed.

As the SI being debated today amends the Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019, it must be debated under the affirmative procedure. It corrects a reference to an implementing rule that is no longer needed and replaces it with a reference to a new implementing rule, Commission implementing decision 2019/1372, which was made in August 2019. At the request of the Scottish Government, similar amendments are made to the INSPIRE (EU Exit) (Scotland) (Amendment) Regulations 2019.

To be clear, the SI we are debating is specifically about incorporating into UK law new arrangements for monitoring and reporting on the use and implementation of the INSPIRE spatial data infrastructure. I stress that there are no policy changes in the new arrangements, which are to simplify monitoring and reporting of the use and implementation of the INSPIRE spatial data infrastructure.

I should say that officials from my Department persuaded the Commission to introduce the new arrangements. The previous arrangements for reporting on implementation and use were unhelpful because they did not allow comparisons to be made between member states’ efforts on INSPIRE so as to ensure a level playing field. The new system for reporting requires the Commission to write and publish a “country fiche” assessment on how INSPIRE is being implemented and used in each member state. The country fiche highlights progress on the various areas of INSPIRE implementation and presents an outlook of planned actions for INSPIRE implementation. It is a high-level assessment. Our officials, who spotted the issue in a meeting with all their EU colleagues, should be thanked for their perceptiveness. Member states are required to check their report at least once a year and to update it as necessary.

Using the same system as our European neighbours to report on INSPIRE implementation after the UK has left the EU will mean the UK can consider our efforts on INSPIRE against those of our neighbours. As colleagues will be aware, environmental matters do not respect borders. Continuing to use the common standards of the INSPIRE spatial data infrastructure will make it easy for the UK to track and compare data from our neighbouring countries on, for example, marine matters—I know those are very important to the shadow Minister—and pollution.

In summary, the purpose of the SI is to update earlier amendments to UK INSPIRE legislation to ensure that an operable legal framework is in place on EU exit day. There are no policy changes. For those reasons, I commend the regulations to the Committee.

--- Later in debate ---

[Rebecca Pow]

I thank the shadow Minister for pretty much agreeing that we are going to agree and for making, as ever, some perceptive comments. He raised a couple of points that I will touch on. One was about how we will ensure that we keep up with this system. The point is that we have all signed up to it; it is an EU-wide policy, on which we have already had major influence. There is absolutely no way at all that we would not be keeping up with it. It is in everybody’s interest. Actually, it is global, realistically. If there are various spatial commissions in which we want to play a major role, it is crucial that we keep updating the agenda and that we are part of this.

The directive requires member states and us to report on the use and implementation of this national spatial data infrastructure continually. The country fiche, which is the reporting mechanism asking for the data, is a baseline. It was made in 2016. DEFRA will be publishing its reports, most likely on the website, so we will be able to see what is going on and keep up with it. There is no absolutely no intention whatever of not keeping up with it, because it is in everybody’s interest in widely diverse areas.

The shadow Minister asked about the regulations that this measure has replaced. They were the 2018 amendment regulations, which were made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the EU. They relate to the categories of deficiency in retained EU law specified in various sections. What I could do is share the information that I have with the hon. Gentleman. There are a lot of numbers, letters and names, and I would be very happy to give him the information, which he is right to ask for.

That brings me to a close. I thank the shadow Minister and other colleagues very much for their input. As we prepare for the UK to leave the EU, it is obviously important that we have operable legislation in place to allow the UK spatial data infrastructure established by the INSPIRE directive to continue to operate. Maintaining equivalent reporting on the use and implementation of our national spatial data infrastructure to that of EU member states, particularly that in our neighbouring countries, will allow easy comparisons to be made.

I hope that hon. Members now fully understand the need for these regulations. As I have outlined, the SI updates earlier amendments made to UK INSPIRE legislation to reflect the new arrangements for monitoring and reporting on use and implementation. It does not make policy changes. In fact, it simplifies and creates a less onerous set of arrangements for monitoring and reporting. The SI ensures that on EU exit day the UK will have an operable legal framework for INSPIRE that is equivalent to that of the EU member states.

I am not sure whether I have inspired anyone here this morning, but I thank all colleagues for their time and thank you, Mr Robertson, for chairing our Committee.

Question put and agreed to.

Environment Bill

Rebecca Pow Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Ways and Means resolution: House of Commons
Monday 28th October 2019 Commons Chamber

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

It is not over-egging the pudding to say that I am genuinely honoured to be closing this debate on what I consider to be a landmark Bill that will transform our approach to protecting and enhancing our precious environment. Importantly, and as the Secretary of State clearly outlined at the start, the measures in the Bill will not just maintain what is in place but enhance it. They will truly enable us to leave our environment in a better place than we found it.

It was tremendously heartening to hear such support for the Bill tonight. I have been an ardent environmental campaigner pretty much all my life, growing up on a farm, studying the environment at university and working as a journalist and broadcaster in this field. However, as a journalist, I began to realise that while one can highlight the problems, the only way to get the paradigm shift that we need on the environmental agenda is to influence policy.

That is where this Bill comes in, and that is why I and everyone working on it believe that it will be so significant. With the shocking decline in nature, which is so starkly obvious, coupled with the impacts of climate change, this Bill is now urgently needed, as Members have said. Leaving the EU gives us the opportunity to grasp the environmental agenda with both hands and develop a tailor-made framework that will make this world better for us all.

[Mary Creagh]

rose—

[Rebecca Pow]

I will not give way because I have so little time.

I am delighted that so many stakeholders have expressed their support for the ambitions of the Bill. For example, the Aldersgate Group, a green business group, has said that

“businesses have backed the introduction of an ambitious and robust environmental governance framework that includes…legally binding environmental improvement targets to support investment in the natural environment over the long term.”

I hope that that gives the hon. Member for Brighton, Pavilion (Caroline Lucas) the assurance that businesses have looked at the content of the Bill. Far from the negativity that we have heard this evening, they see great benefits to the economy from sustainability. Indeed, my hon. Friend the Member for Somerton and Frome (David Warburton) also referred to the business benefits of the Bill. While I am on the subject, I will be very pleased to meet him to talk about the Somerset Rivers Authority, although I will not go into that now because it is quite detailed.

Many of the Members who have spoken are clear about the benefits of the Bill, as am I. We have heard a great deal of positive comments, so I will shoot through just some of them. My hon. Friend the Member for St Ives (Derek Thomas) said that the improvements on biodiversity will help the Manx shearwater. My hon. Friend the Member for Chelmsford (Vicky Ford), who is a massive campaigner for the environment, talked about hedgehog highways. My right hon. Friend the Member for Basingstoke (Mrs Miller) said that her children wanted the deposit return scheme. My hon. Friend the Member for Truro and Falmouth (Sarah Newton) talked about the benefits for healthy soil that the Bill will enable us to deliver. The hon. Member for High Peak (Ruth George) talked about the wider catchment work that we can do under this Bill and other measures. The hon. Member for Newport West (Ruth Jones) talked passionately about the children in her constituency, and this Bill really will introduce things that our children want for the future of their environment.

Many points were raised tonight and I will not be able to get through them all, but a lot of colleagues mentioned environmental non-regression, particularly my hon. Friend the Member for Tiverton and Honiton (Neil Parish), who does such a great job chairing the Select Committee on Environment, Food and Rural Affairs, and the equally excellent Chairman of the Environmental Audit Committee, the hon. Member for Wakefield (Mary Creagh). I was also a member of that Committee, so I know how detailed her work is.

My right hon. Friend the Member for Ludlow (Mr Dunne) also mentioned non-regression, because there are concerns in this area. I wish to be clear that our EU exit does not change the UK’s ambition on the environment. The UK has no intention of weakening our environmental protections; the Prime Minister has recognised the strength of feeling on this issue and he is committed to a non-regression provision on environmental protection in legislation.

A lot of comments were made about the OEP, not least by the hon. Members for Bath (Wera Hobhouse) and for Bristol East (Kerry McCarthy), who is a passionate and ardent campaigner on the environment. I hope she is really going to get behind this Bill, because she has so much to input.

Like them, my hon. Friend the Member for Waveney (Peter Aldous) raised issues about OEP independence, and it will be independent. The Environment, Food and Rural Affairs Committee has been asked by Government to conduct a pre-appointment hearing on the appointment of the chair of the OEP, and there will also be a legal duty on Ministers to have regard to the need to protect the independence of the OEP.

[Deidre Brock]

rose—

--- Later in debate ---

[Rebecca Pow]

I said I was not going to take any interventions because there are just so many comments to get through.

The issue of resourcing and how the OEP was going to be funded was raised, particularly by the hon. Members for Great Grimsby (Melanie Onn) and for Edinburgh North and Leith (Deidre Brock). The OEP will have the resources it needs to hold the Government and other public authorities to account—that is absolutely essential. Under the Bill, the Secretary of State is required to provide the OEP with sufficient funding to enable it to perform its functions. It has to be properly functioning, otherwise it will not work, and it needs to work. The OEP will also have a five-year indicative budget that will be ring-fenced for each spending review period, giving it a long-term financial outlook and security.

The issue of fines was also raised, with various Members, particularly the shadow Secretary of State, saying that the OEP cannot leverage fines. I value her comments hugely. We had a very constructive meeting the other day and I honestly hope we will work very constructively in Committee, as I know we will. Fines will be unnecessary in our domestic framework once we leave the EU; they would simply shift resources away from the environment. We want the money to stay on the projects—on the environment. There are clear requirements in the ministerial code for Ministers to comply with the law, including court orders.

Targets were another area mentioned by many Members, including my hon. Friend the Member for Tiverton and Honiton, and the hon. Members for Bristol East, for Brighton, Pavilion and for Newport West. Clause 10 requires the Government to set five-yearly interim targets and report annually on whether the natural environment has improved and whether progress has been made on these vital targets. So a real structure is in place to make sure that we meet these targets and that improvements are being made. If they are not being made, there will be recommendations on how they should be made. That is very strong and important.

Air quality was rightly mentioned by a number of Members, and air quality targets are in the Bill. The Government are committed to evidence-based policy making, and we therefore want the target to be ambitious and achievable. It is crucial that Parliament and stakeholders have a chance to comment on the process of developing this target. I met Dr Maria Neira from the World Health Organisation this week and discussed this with her, and she was fully supportive of taking this approach to setting the targets.

A number of colleagues mentioned the issue of engine idling—people sitting in their cars with the engines running. I came across it myself the other day; I had to ask the gentleman to kindly turn his engine off while he was waiting for me to come out for an event. It is an important issue that affects our air quality, particularly around schools when parents are waiting to collect their children. Local authorities can already issue fixed penalty notices for unnecessary engine idling, but guidance is being reviewed and the Government are planning to reissue it to local authorities in the coming months. People are rightly concerned about the issue.

I did not think that I would get through all those comments, so I shall carry on with a few more, Mr Speaker. We much value the experience and expertise of my right hon. Friend the Member for Newbury (Richard Benyon), who has been involved in DEFRA for so long. He mentioned the whole issue of water consumption. The Government recently consulted on personal consumption targets and measures required to achieve them. My right hon. Friend will be pleased to hear that the Government will publish a response in the new year, which will set out intended next steps. We should look at how much water we actually use, aside from water efficiency and any water wastage.

A number of colleagues, particularly my right hon. Friend the Member for Basingstoke, mentioned exports of plastics and suchlike. The measures in the Bill will support local authorities to collect a consistent set of recycling materials. That has been much consulted on and much raised, particularly in the Tea Room—people often talk about why we cannot get enough recyclable plastic material and why more is not used in products. If we had a more consistent collection system and more of the products were itemised, industry would know that it could get hold of particular plastics and use them in its products.

[Caroline Lucas]

rose—

[Vicky Ford]

rose—

[Rebecca Pow]

I will very quickly give way to my hon. Friend.

[Vicky Ford]

I thank my hon. Friend for giving way on the really important issue of plastics recycling. Does she agree that one of the benefits of the producer tax will be to force manufacturers to put more recycled plastic content into plastic products? That will mean less use of virgin plastics and therefore less use of fossil fuels.

[Rebecca Pow]

That is absolutely right. There are many measures to encourage the use of more recycled plastic in products. Ultimately, we will get into the producer-responsibility circular economy, in which less plastic is actually made in the first place.

[Caroline Lucas]

rose—

[Mary Creagh]

rose—

[Rebecca Pow]

I am going to conclude now.

The substance of this debate is the greatest issue of our time. The Environment Bill will make a much needed step change to protect and enhance our environment. I am sorry that I have not been able to deal with every single comment, but I will be happy to meet colleagues later—my door is always open. There are big ambitions in the Bill, and rightly so. We must talk about all the issues in Committee, and I hope that everyone will join in. This is a transformative Bill that will give a whole new approach to environmental protection and enhancement.

I hope that colleagues will indulge me for a couple of moments. I just wanted to mention the fact that, this summer, my husband died. He knew that I had personally campaigned on this environmental agenda pretty much all my life. I believe that he would be very proud to see the Government putting the environment at the top of the agenda, with what I hope will be cross-party support. I very much hope that, as the Bill passes through its various stages, we will eventually all be singing from the same hymn sheet—recycled, I hope. I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Environment Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Environment Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 19 December 2019.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Nigel Huddleston.)

Question agreed to.

Environment Bill (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Environment Bill, it is expedient to authorise the payment out of money provided by Parliament of:

(1) any expenditure incurred under or by virtue of the Act by the Secretary of State; and

(2) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Nigel Huddleston.)

Question agreed to.

Environment Bill (Ways and Means)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Environment Bill, it is expedient to authorise:

(1) the imposition of requirements to pay sums in respect of the costs of disposing of products and materials;

(2) the imposition under or by virtue of the Act of fees and charges in connection with—

(a) the exercise of functions, and

(b) biodiversity credits.—(Nigel Huddleston.)

Question agreed to.

Deferred Divisions

Motion made, and Question put forthwith (Standing Order No. 41A(3)),

That, at this day’s sitting, Standing Order No. 41A (Deferred divisions) shall not apply to the motion in the name of the Prime Minister relating to an early parliamentary general election and the motion in the name of Secretary Julian Smith relating to the Northern Ireland (Executive Formation etc) Act 2019.—(Nigel Huddleston.)

Question agreed to.