Pet Abduction Bill

Robbie Moore Excerpts

Report stage
Friday 19th April 2024 Commons Chamber

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

First, may I from the Government Benches send our condolences to Mr Speaker, who is unable to be here today because he is attending his father’s funeral? We send our sympathies to him.

It is a pleasure to speak about this Bill, which is so important to many people. I thank my hon. Friend the Member for Christchurch (Sir Christopher Chope) for his considered attention to the Bill, not only today but previously and in the meetings that I and my right hon. Friend the Minister of State held with him in consideration of the points he has brought to the House. I also thank him for his support of some of the measures that we are bringing forward in the Bill. I thank my hon. Friend the Member for Southend West (Anna Firth) for her considered responses and her contributions on Report.

Let me start by addressing amendments 1, 6 and 7. As was eloquently outlined by my hon. Friend the Member for Southend West, the Bill already makes it clear that prosecutors bear the burden of proof. We want to create suitable offences that will crack down on cases of dog and cat abduction, and I agree with my hon. Friend’s assessment that amendments 2 and 4 would undermine the scope for prosecutions to be brought for the offences of dog and cat abductions. I, too, urge my hon. Friend the Member for Christchurch to withdraw amendments 1, 2, 4, 6 and 7 on the basis of the points that I have made and the contributions from my hon. Friend the Member for Southend West.

New clause 1 and amendments 3, 5, 8, 9, 10, 16 and 21 have already been discussed. I commend the dedication of my hon. Friend the Member for Christchurch to microchipping. I know he has a branch of Cats Protection in his constituency, as does my hon. Friend the Member for North West Norfolk (James Wild), who rightly contributed to this debate, stating that Cats Protection has been instrumental in supporting the extension of the compulsory microchipping requirements to cats. I am pleased about both the extension and its support for this issue.

From the first moment that an offence of dog abduction was introduced in this place, MPs and stakeholders alike have asked for it to be extended to cats. The Department has received a significant number of letters from the public and parliamentary questions from right hon. and hon. Members in support of this proposal. I agree with my hon. Friend the Member for Southend West that the Government cannot support removing cats from the scope of the Bill. However, I understand that the desire of my hon. Friend the Member for Christchurch to remove cats from the scope of the Bill was guided by the laudable intention of incentivising microchipping. I am pleased that we very much agree on the importance of microchipping, which is the best way to reunite people with lost and abducted animals.

The Government made microchipping compulsory for dogs in England in 2016, and we are now extending the benefits of that legislation to cats. From 10 June, all owned cats in England over the age of 20 weeks must be microchipped and registered on a compliant database. Microchipping is a safe, simple and effective procedure. The average cost is £25, plus an average £10 registration over the lifetime of the animal. Microchipping undeniably helps to bring displaced pets home. In the UK, around 90% of dogs have been microchipped. In 2023, more than 70% of cats have already been voluntarily microchipped.

Our post-implementation review of the Microchipping of Dogs (England) Regulations 2015—the predecessor to the 2023 regulations—showed that this legislation has had a positive effect on reunification rates. Stray dogs that have been microchipped and have up-to-date database records are more than twice as likely to be reunited with their keeper than stray dogs without a microchip. Police and local authorities can and do issue notices requiring a dog to be microchipped where it is not already. That has been demonstrated to be an effective mechanism to support compliance.

Since we introduced the English compulsory cat microchipping legislation, we have been working closely with a number of animal welfare stakeholders to develop a co-ordinated communications campaign to explain to cat owners the benefits of microchipping and the new legal requirements. Last summer, we even enlisted the support of our chief mouser Larry the cat, who himself was once an un-microchipped stray, before being taken in and rehomed by Battersea Dogs and Cats Home. Larry’s tweet on International Cat Day, explaining the importance of microchipping for reuniting pets with their owners, received half a million impressions.

I am also grateful to stakeholders who have helped to spread the message at the start of our 100-day countdown campaign to the introduction of these measures. With just over 50 days to go before the 10 June deadline, we are ramping up our communications strategy with stakeholders for that final push. I urge anyone who has not yet microchipped their cat to do so as quickly as possible. Our communications around the new cat microchipping rules, as well as around this Bill, will provide a clear message that microchipping will help bring abducted pets back home sooner.

However, compulsory cat microchipping is just one of a number of planned microchipping reforms. Last month, we published our response to the consultation on English pet microchipping reform. We are committing to a number of improvements to the microchipping regime around three themes: first, making it easier for approved users to access records; secondly, improving the accuracy of records; and thirdly, standardising database operator processes. Those reforms will implement one of the key recommendations of the pet theft taskforce that more robust processes should be in place to stop stolen pets being registered to new keepers by ensuring that the current keeper has up to 28 days to object to a transfer of keepership request made to a database operator before any transfer can go through, and by preventing database operators from creating a duplicate microchip record for a pet. We are also making all database operators record whether a pet is reported as missing. That will assist enforcement bodies and flag concerns to a database operator, should they receive a transfer of keepership request. We are looking to legislate specifically to deal with that issue in due course.

My hon. Friend the Member for Southend West has eloquently outlined how the amendments tabled by my hon. Friend the Member for Christchurch would overly restrict the Bill, and the Government cannot support them. My hon. Friend the Member for Christchurch rightly made some points on guidance in his new clause 1 and amendment 21 and asked for statutory guidance to be issued by the Secretary of State. I agree that guidance will be essential for frontline workers enforcing new pet abduction offences, ensuring that those are used appropriately. The Government are committed to working with key stakeholders to ensure that appropriate guidance relating to this Bill will be available before the Bill’s offences come into force. The cross-Government pet theft taskforce already establishes relationships with police officers, operational partners and animal welfare organisations working in the area, so we have a network already in place, and I can confirm that conversations are already under way. I will ensure that the points that my hon. Friend has rightly raised are part of the conversations that are already under way. Enforcers will have the support and information they need to effectively implement the legislation once it comes into force without the need to legally require enforcement guidance.

I know that my hon. Friend the Member for Christchurch is concerned about people benefiting from the legislation when they have shirked their responsibility to have their pets microchipped. I assure the House that we are doing work with police colleagues to make them aware that, in the event that they recover an abducted cat or dog that is not microchipped, they have the power to issue a notice under the English microchipping regulations requiring those pets to be microchipped within 21 days.

For completeness, failing to comply with such a notice is an offence and subject to a fine of £500. In addition, the Microchipping of Cats and Dogs (England) Regulations 2023 provide for the police to be able to take the animal in question to be microchipped without the keeper’s consent, and allow the costs associated with that to be recovered. The enforcement regime for the English microchipping legislation is designed to ensure that an animal will end up being microchipped if it is found not to be. We understand that most people comply with such a notice where issued, so only a small number of such cases are taken through the courts.

In addition to the existing enforcement mechanism, we are considering enabling penalty notices for the offence of not microchipping a cat or dog through the Animal (Penalty Notices) (England) Regulations 2023. In summary, I cannot, therefore, commit that we will work—[Interruption.] I am sorry; I can commit—I want to reiterate that—that we will be working closely with enforcement partners to ensure that my hon. Friend’s concerns are addressed. We are working at speed to prepare for this engagement.

On the amendments tabled by my hon. Friend the Member for Southend West, I thank her for bringing forward these minor, technical adjustments to the Bill. The Government support them and agree that their clarity help to progress the Bill, specifically in relation to clauses 1 and 2. I urge all hon. Members to support them.

[Sir Christopher Chope]

With the leave of the House, I will respond to the debate. We have made great progress, and I am grateful to my hon. Friend the Minister for facilitating that. My amendments—particularly amendments 10 to 15—were designed to address the problem of potential waste of police and local authority enforcement resources in trying to trace pets that had not been microchipped. My hon. Friend, in saying what he did about the guidance and advice that will be given to enforcement authorities, got to the core of my concerns.

It has never been my intention to be anti-cat. My hon. Friend the Member for Southend West (Anna Firth) suggested that I do not think that cats matter. I will not put myself into a category where cats do not matter, because I have enough emails coming in already on other issues. [Laughter.] Cats do matter, and so do dogs —and, for the sake of completeness, so do tortoises.

I have never been against including cats in the Bill, but I have been nervous about doing so when many cats are still not microchipped. From 10 June, that will be compulsory and, as the Minister said, there will be stronger enforcement measures. Given the number of local authorities issuing notices, I do not think they are applying their minds to it, but perhaps when they link that in with the prospect of complaints if cats have been abducted, they will realise that there is a strong link between the two issues. I hope that the consequence of all this debate will be that we have a much better, more complete database, and that more cats and even more dogs will be microchipped. Having a million-plus dogs not microchipped at the moment is unacceptable.

One cannot always say on a Friday that we have made progress, but I think that we have on this issue. In the light of that, I beg to ask leave to withdraw new clause 1.

Clause, by leave, withdrawn.

Clause 6

Commencement

Amendments made: 19, page 5, line 6, leave out

“come into force in relation to England”

and insert

“, so far as they extend to England and Wales, come into force”.

This is a technical amendment to ensure that it is clear how the commencement of clauses 1 and 2 operates in so far as those clauses extend to England and Wales (rather than just in relation to England).

Amendment 20, page 5, line 11, leave out “in relation” and insert

“so far as they extend”.—(Anna Firth.)

This is a technical amendment to ensure that the commencement of clauses 1 and 2 is dealt with in the same way throughout clause 6.

Third Reading

--- Later in debate ---

[Robbie Moore]

I am pleased to speak again on this important Bill. I thank my hon. Friend the Member for Southend West (Anna Firth) for expertly guiding the Bill through the House. She has been a passionate advocate of measures to improve animal welfare, and I congratulate her on introducing this important piece of legislation. Given how strongly the late Sir David Amess championed animal welfare causes, it is especially poignant that it is my hon. Friend who has championed this Bill. Sir David expressed the hope that this place would come together to enable animal welfare Bills to get on to the statute book quickly, and I think he would have been delighted to see this Bill get this far.

To say that we are a nation of pet and animal lovers is an understatement. More than half of all adults own at least one pet. Cats and dogs are the firm favourites, with at least 29% and 24% of adults owning a dog or cat respectively. Whether it is Joe or Pip, the sheepdogs who help me on my farm, or Harvey the cat, who belongs to Max in my team, I assure the House that my team and I are also animal lovers. My hon. Friend the Member for Milton Keynes North (Ben Everitt) is right to say how important the Bill is, alongside referencing how beautiful his constituency is for dog walkers.

My hon. Friend the Member for Darlington (Peter Gibson) is another strong animal lover, and I shall have to read his comments in Hansard about the various pets he has owed. I am pleased to see that he too welcomes the Bill, as does my hon. Friend the Member for North West Norfolk (James Wild), who I know has worked closely with Cats Protection to ensure that the Bill works its way through this House. I thank my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) for, quite rightly, mentioning our right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), who has championed the Bill. I am pleased to hear that Twiglet was reunited with its owner. The coronavirus pandemic in 2020 led to many households deciding to buy or adopt new pets in their homes, many for the first time. Those pets helped to provide owners with emotional support during those difficult times. As we have heard, it was in that period that there were concerns about increases in pet theft. The Government’s response was to set up the pet theft taskforce. The Bill builds on the work done by the pet theft taskforce in 2021. It acts on one of its key recommendations—to deliver a pet abduction offence —and it helps to improve the recording of unlawful taking of cats and dogs..

In 2021, the Government made a commitment to crack down on pet theft in our action plan on animal welfare. Our support for the Bill demonstrates that commitment. We further strengthened the Bill by accepting the amendment from my right hon. Friend the Member for Suffolk Coastal (Dr Coffey) in Committee, which added a commencement date for England. We have said it before and I will say it again: the unlawful taking of a pet is an abhorrent crime, and it is right that the perpetrators are brought to justice. The Bill recognises that. We have given the Bill a thorough review, not only on Report but through all its stages. I cannot thank right hon. and hon. Members enough for their engagement and support. I am delighted with the support of Members of the House, and I look forward to seeing the Bill on the statute book very soon.

Flood Recovery Framework

Robbie Moore Excerpts

Wednesday 17th April 2024 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Efford. I thank my right hon. Friend the Member for Ludlow (Philip Dunne) for securing this important debate and all hon. Members who have contributed. It has been good to hear about everybody’s experiences of the flood recovery scheme roll-out and how it is helping their constituents, while also hearing about some of the challenges, which I hope to address in my speech. I also thank my right hon. Friend and other colleagues for sharing their experiences with me when I met them through the River Severn caucus just last month. That follows on from my first ministerial visit to Shrewsbury, to see the case being made by my hon. Friend the Member for Shrewsbury and Atcham (Daniel Kawczynski) for more funds for the wider River Severn catchment. I assure him that his case is noted and that conversations are happening with the Treasury.

The Government and I sympathise with all Members’ constituents, households and businesses that have experienced flooding. Through visits to Gloucestershire, Nottinghamshire, Lincolnshire, East Yorkshire, Northumberland and Cumbria—to name but a few of the counties I have visited over the course of the last few months to see at first hand households, businesses and farms that have unfortunately been flooded—I understand the impact those experiences have on people.

Climate change means that the number of people at risk from flooding is, unfortunately, likely to grow. The storms we experienced over the autumn and winter brought that into sharp focus, as more than 5,000 properties were flooded. More importantly, however, nearly a quarter of a million—241,000—properties were protected as a result of the continued investment in flood defences. The Government are acting to drive down flood risk from every angle. Our long-term policy statement published in 2020 sets out our

“ambition to create a nation more resilient to future flood and coastal erosion risk.”

We continue to invest public money in this important area. The Government are investing £5.2 billion between 2021 and 2027 to better protect communities across England from flooding and coastal erosion. Since 2010 Government investment has meant that more than 600,000 properties have been better protected, which is a significant achievement, but we all recognise that there are homes and businesses that still suffer from flooding.

To pick up on the point kindly made by the hon. Member for York Central (Rachael Maskell), I am pleased she recognises that since the Boxing day floods in 2015 in her constituency, businesses and homeowners across Yorkshire have benefited from Government support and funding that has specifically gone into York. It was good to visit her constituency, where I saw at first hand some of the improvement measures that have been implemented, particularly in relation to the Foss barrier.

Through the visits I have made, I understand the impact on people of such experiences, whether it has been damage to or loss of property, over the autumn and winter following Storm Babet, Storm Henk, Storm Ciarán and the wet period that we have experienced. That is why, following Storm Babet and Storm Henk, the Government announced a significant package of support for areas in England that experienced exceptional localised flooding. Together, the Departments for Levelling Up, Housing and Communities and for Business and Trade activated the flood recovery framework at speed following those storm events. That provides the community recovery grant, where eligible local authorities receive funding equivalent to £500 per flooded household to support local recovery efforts.

The business recovery grant provides up to £2,500 to eligible local authorities for each eligible small and medium-sized enterprise that has suffered severe impacts of flooding that cannot be recovered from insurance. Under the council tax discount and business rate relief the Government have reimbursed local authorities for a minimum period of three months for eligible flooded properties. Alongside that framework, the Department for Environment, Food and Rural Affairs has implemented the property flood resilience repair grant, which offers grants of up to £5,000 per property to install flood resilience measures.

To pick up on the point kindly raised by my right hon. Friend the Member for Wells (James Heappey)—it is good to see him contributing in a Westminster Hall debate after being so eloquent and efficient in his role for many a year in the Ministry of Defence—I assure him that Somerset County Council’s residents are eligible to receive money through the property flood resilience repair grant due to the threshold of 50 units being met. I think 106 properties were flooded in Somerset. His constituents are able to receive that money.

[Darren Henry]

In Nottinghamshire we had Storm Babet and Storm Henk in quick succession. The Minister mentioned that businesses were able to receive grants, but they were not able to receive them twice. Had the storms happened in two separate years they would have done. What are the Government doing to address that?

--- Later in debate ---

[Robbie Moore]

I thank my hon. Friend for consistently raising that point and others with me in my role as Minister. I assure him that all measures and schemes will be reviewed. Having requested a visit from me to come and see some of his businesses in Stapleford, I look forward to coming very soon to address the flooding issues that he and his constituents have experienced.

As my right hon. Friend the Member for Ludlow is aware, Shropshire County Council, which includes his Ludlow constituency, is eligible to receive funding following Storms Babet and Henk. The Government have recently opened the farming recovery fund, currently in nine areas, to support farmers who have suffered uninsurable damage to their land as a result of Storm Henk. Farmers will be able to receive grants of up to £25,000 towards reinstatement costs for farmland adversely affected by exceptional flooding. I fully recognise right hon. and hon. Members’ concerns about the announcement that the Department made last week. I assure all Members, and indeed those outside this place, that Ministers are actively reviewing the Department’s announcement last week.

My right hon. Friend also voiced some important questions about the schemes. He rightly raised the concern that holding the eligibility count at the lead local flood authority level, which is unitary or upper-tier councils, poses a problem for some local authorities, and that the threshold of 50 internally flooded properties as an eligibility criterion could be considered unfair to smaller local flood authority areas. I assure right hon. and hon. Members that that will be reviewed.

Let me address the concerns raised by the shadow Minister, the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy) that the threshold was actually increased. Following flooding in 2020, and on the back of representations from local authorities, the flood eligibility criterion was reviewed. Previously, the eligibility criterion set by DLUHC for the flood recovery framework to be activated was 25 internally flooded residential units over a district local authority area. Following feedback, that was reviewed and reduced to a threshold of 50 properties, whether commercial or otherwise—not just residential properties—over a unitary authority area, which is a bigger geographical area. The threshold was therefore reduced, not increased, as the hon. Member wrongly claimed.

[Emma Hardy]

I believe that that was the point I made: the threshold had gone from 25 to 50. I am happy to check Hansard and correct any mistake if I made one— I am not sure that I did—but that does not resolve the point that I was making, which was about where the arbitrary number of 50 came from. If there are 49 properties on each side of a border, there will be no actual impact. It has been increased, and there has not been a consultation to explain exactly why.

[Robbie Moore]

I reassure all Members that the threshold was changed so that we could get much more support out to business and households. As I have already said, however, I have asked for alternative geographical boundaries to be considered for future activations, and discussed with the Department for Levelling Up, Housing and Communities the appropriate threshold for future events. That is under review with stakeholders, including the National Farmers Union. I spoke to the president of the union at several events in previous weeks, so the union is aware. Unfortunately, I think that the shadow Minister slightly misquoted that.

My right hon. Friend the Member for Ludlow also asked about extra funding to staff local authorities so that they can deliver framework schemes. The Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for North Dorset (Simon Hoare), is considering that matter as part of the post-activation review that is currently under way.

I thank all Members for their contributions. I look forward to further conversations with Members regarding this important matter, to ensure that the Government are getting as much support as possible to those impacted by flooding.

Food Waste and Food Distribution

Robbie Moore Excerpts

Tuesday 16th April 2024 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Ms Vaz.

I am grateful to all Members who have spoken in this debate. In particular, I thank my hon. Friend the Member for Stoke-on-Trent Central (Jo Gideon) for raising this important issue. Over many years—in fact, for all the years she has been in this place—she has championed challenging the complexities and ensuring that we are doing our best as a country to reduce food waste. I thank her for her efforts.

No one wants to see good food going to waste. It harms the environment and is bad for business. The UK is an international leader on tackling food waste, and we are fully committed to meeting the target of the UN’s sustainable development goal 12.3, which seeks to halve global food waste at consumer and retail levels by 2030. I will try to respond to all the many and various themes raised by Members, but I will start by addressing household food waste, which in my view—I think all of us would agree—is the biggest opportunity for us to meet the 2030 target to reduce food waste, because 60% of food that is wasted in the UK is wasted by citizens in their own homes. That is 4.7 million tonnes of food, which could be eaten, being thrown away every single year.

Action needs to be taken across the supply chain and in the home. We are supportive of consumer awareness campaigns delivered by WRAP, including Food Waste Action Week and Love Food Hate Waste, which helps citizens reduce their food waste. The current focus is moving retailers to sell more loose fruit and vegetables so that people can buy what they need, which reduces waste and saves plastic, I hope reducing the need for as much packaging as there is in the retail network.

[Wera Hobhouse]

Twenty years ago, I was a councillor with responsibility for waste, and we had the same issue then. What has happened in the meantime? In 20 years of being aware of household food waste, what has happened?

[Robbie Moore]

Let me highlight some stats that have been presented to me and the Department by WRAP. From the 2007 baseline to 2021, total post-farm-gate waste has dropped by 18.3% and households are wasting 17% less than in 2007. Of course we recognise that household waste is still too high, and we are doing our utmost to reduce it. The hon. Member for Strangford (Jim Shannon) talked about education and improving food technology and home economics lessons, so that everyone going through the education system has a better understanding of ingredients, nutritional values and the quantities needed to produce good-quality meals.

All speakers today have referred to the request for mandatory food waste reporting. We support Courtauld’s delivery of the food waste reduction road map, which provides guidance to businesses on identifying and measuring food waste and food surplus. We support the “target, measure, act” approach, as it enables food businesses to drive down food waste through measuring their surplus and waste. It also shines a light on any surplus that arises and how to get it to redistributors.

We consulted on improving the voluntary approach with options that included making it mandatory for large businesses. Members will be aware that when the Secretary of State took up his position in November last year, alongside a new ministerial team that includes me, our determination was to review previous decisions. We are gathering new evidence to make the most informed decision using the latest available data. We look forward to making that decision soon.

I have met Too Good To Go in my constituency, through a visit to Booths supermarket in Ilkley. It is a fantastic organisation, which I hope will be rolled out further in the north-east, if it is not there yet—I can certainly confirm that it is in Yorkshire and working its way north. I took on board the points it made in its request to roll out mandatory reporting, which is being considered by the Secretary of State as we speak.

[Daniel Zeichner]

I am sure that the Minister heard the enthusiasm for mandatory reporting from a number of Members. What is causing the Government not to go forward, given that businesses want it to happen?

[Robbie Moore]

A previous Secretary of State made the decision to go for a voluntary approach, and it is right that the new team are reviewing that decision, alongside various stakeholders. As I have said, we aim to make an announcement soon.

The Government strongly support the surplus food redistribution sector because we recognise the environmental and social benefits of making sure that good food is eaten rather than wasted. Since 2018 we have provided nearly £13 million in funding to increase the capacity of the sector, funding infrastructure such as warehouse facilities, freezer units and temperature-controlled vans, taking great strides in improving the capacity of redistributors to access, transport, process, store and ultimately redistribute surplus to people in need. The results of our investment and the hard work of all people involved in the redistribution sector are reflected in the latest report from WRAP, which shows that the total amount of food redistributed in the UK in 2022 was more than 170,000 tonnes. That has a value of around £590 million and is the equivalent of more than 404 million meals. That is an increase of 133% since 2019.

Hon. Members have raised examples of good voluntary schemes in their constituencies. I commend the work done by the Company Shop Group in the constituency of the hon. Member for Washington and Sunderland West (Mrs Hodgson), who noted that 6.3 million meals have been saved that would otherwise have gone to landfill. It is good to recognise the work that is going on in our constituencies. As well as meeting Too Good to Go, I met with Olio just yesterday to discuss its app-based system. A great deal of work is going on in the private sector and in voluntary schemes to reduce food waste.

My hon. Friend the Member for North Devon (Selaine Saxby) raised particular on-farm issues, as did my hon. Friend the Member for Stoke-on-Trent Central. In addition to the work on post-farm-gate surpluses, the Prime Minister announced at the National Farmers Union conference earlier this year action to tackle surplus food on farms, with a £15 million fund to redirect that surplus into the hands of those who need it. We will provide further details in coming months. We are working with stakeholders to ensure the scheme works adequately and appropriately, to make the most positive impact on reducing food waste.

We seek a productive and efficient farming sector that prevents waste from occurring in the first place. We are supporting investment in productivity, boosting equipment, technology and infrastructure through the farming investment fund, which provides grants to farmers and growers that will help their businesses prosper, while improving their productivity and enhancing the environment.

WRAP supports the measures that the Government are rolling out. It recognises that the total amount of edible food on UK farms that might be suitable for redistribution is approximately 330,000 tonnes per annum, or about 10% of the total of 3.6 million tonnes surplus and waste estimated to be generated on farms. The Government are working with various stakeholders, including WRAP, to address how to minimise and redistribute on-farm food waste.

The hon. Members for Tiverton and Honiton (Richard Foord) and for Somerton and Frome (Sarah Dyke) spoke about the supply chain and contracts, We have taken steps through the fair dealings powers awarded by the Agriculture Act 2020 to clamp down on unfair contract practices. Last December, we launched a review into fairness in the fresh produce supply chain. We are analysing responses and will soon publish a summary of them, as well as our proposed next steps. We intend to work with stakeholders to explore how those powers could be exercised to reduce those concerns and provide more certainty to farmers, who are being negatively impacted by some of the decisions supermarkets are making through unfair practices in their supply chain contracts.

Many hon. Members raised challenges related to kerbside collection of food waste. The food and drink surplus and waste hierarchy lays out clear guidance for the use and disposal of surplus food and waste. We ask all businesses to take into account the measures that the Government wish to take, particularly in relation to the food hierarchy—first, to prevent food waste, followed by the redistribution of food surplus to those who need it, and, as a last resort, to end up as animal feed. There is tax relief when businesses donate to charity.

There will always be some waste that cannot be prevented. The hierarchy prefers disposal of that waste through anaerobic digestion rather than landfill, because of its recognised negative impacts on the environment. Whatever preventative and reduction actions are taken, some food waste will arise. Anaerobic digestion is the Government’s preferred option for recycling food that eventually ends up as waste. Treating food waste through anaerobic digestion removes it from the residual waste stream, where it can end up in landfill and create harmful greenhouse gases.

My hon. Friend the Member for Stoke-on-Trent Central asked how local authorities would roll out kerbside collection of food waste. Under section 45 of the Environmental Protection Act 1990, as amended by the Environment Act 2021, we will require all local authorities in England to arrange weekly collection of food waste for recycling. It is frustrating that my local authority in Bradford does not collect food waste; other hon. Members said the same. There is a disparity in what local authorities across England are doing. The Government want to make it clear that all local authorities must adhere to this measure. The waste must always be collected separately from residual waste and dry recyclable materials, so that it can be recycled appropriately. The Act also requires non-household municipal premises, such as businesses, hospitals and schools, to arrange food waste recycling collections.

On simpler recycling, in the Government response published last October we announced that the requirements must be implemented by 31 March 2025 for non-household municipal premises in England such as hospitals, schools and businesses; by 31 March 2026 for kerbside collection for domestic properties; and by 31 March 2027 for microbusinesses. DEFRA has up to £295 million in capital funding to roll out weekly food waste collections across England. The Government will also provide resource funding to be spent from this financial year to support local authorities to implement food waste collections.

The Government are committed to preventing and driving down food waste. We are supporting prevention initiatives and taking action to get surplus food into the redistribution system. That is crucial to ensure that it does not end up in landfill or anaerobic digestion. We are helping businesses to be more resilient and efficient and to cut costs while protecting the environment, and helping citizens with advice on how they can reduce their food waste and save money.

I thank all Members for their contributions today, and particularly my hon. Friend the Member for Stoke-on-Trent Central for securing this important debate.

Food Security

Robbie Moore Excerpts

Thursday 21st March 2024 Commons Chamber

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

I thank all right hon. and hon. Members for their contributions to today’s debate, and also thank the Chairs of the three Select Committees for the valuable work they have done in pulling together the reports. Having been a member of the Environment, Food and Rural Affairs Committee before taking up my ministerial role, I know just how hard all Select Committees work, so I thank them for those reports.

UK food security, based on supply from diverse sources, is a top priority for this Government. We know just how important driving domestic food production is. As has been mentioned, we produce just over 60% of the food that we need, and 73% of the food that we can grow or rear in the UK for all or part of the year. Those figures have changed little over the past 20 years, but it is worth noting that the Government’s desire is to ensure that our domestic food production is enhanced.

A strong domestic food production system is the foundation of our food security, which is why we as a Government have committed £2.4 billion to supporting food producers. The Farm to Fork summit last year brought together over 70 businesses with the aim of growing a thriving British food and drink sector. It was hailed a great success by many of the stakeholders who attended—the Chairs of the three Select Committees noted just how valuable it was—which is why the Prime Minister has announced that we will be holding a further summit this spring.

We as a Government take a holistic view of food security, considering it across the five themes set out in the UK food security report. That report is an analysis of the statistics relating to food security that DEFRA is required to produce under the Agriculture Act 2020 to present to Parliament every three years. The report includes chapters with statistics on trends in global food production, total population demand, price inflation and sustainability. The global chapter of the UK food security report sits alongside chapters on other key aspects of food security, both domestic and international, to ensure that we are taking a holistic approach that considers links across the food system. The first UK food security report was published in December 2021, and the next food security report will be published in December this year.

All Members, including my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), have recognised just how important those reports are, as is the addition of the food security index, which was announced by the Prime Minister at the National Farmers Union conference. In addition to our existing robust processes for monitoring the UK’s food security, the food security index will complement the three-yearly food security report. We are currently developing the content of the index, but we expect it to present the key data and analysis needed to monitor how we are maintaining and enhancing our current levels of food security. We will publish the first draft of the food security index during the second UK Farm to Fork summit in the spring. The requirement for an annual food security index will be put on a statutory footing when parliamentary time allows.

A key challenge, which all countries are facing, is how we meet our climate and environmental objectives while maintaining a high level of food security. Domestically, the Government have committed to maintain the current level of food that we produce, but we want to enhance it to unleash our domestic potential. This includes sustainably boosting production in sectors in which there are post- Brexit opportunities, such as the horticulture and seafood sectors.

We know that food production and environmental improvement can and must go hand in hand. Our environmental land management schemes, which support climate and environmental outcomes as well as food production, are absolutely part of that. We have already ensured that our existing environmental schemes support food production. For instance, actions in the sustainable farming incentive support the creation of flower-rich buffers, which help pollinators, and that in turn helps with crop reduction.

The Agriculture Act imposes a duty on the Secretary of State to have regard to the need to encourage the production of food by producers in England, and its production in an environmentally sustainable way, when framing any financial assistance scheme. That is why our reforms aim to support a highly productive food producing sector, and one that is more environmentally sustainable.

Many Members asked about the land use framework. It will be published this year, but I want to reiterate that the reason why it has not been published to date is that the Secretary of State and his ministerial team have been very keen to make sure that it relates to enhancing our food production and making sure that food security is at its very core. When we are balancing the use of land as a finite resource that is being pulled in all different directions—for energy security, biodiversity offsetting, net zero targets, housing, infrastructure—we need to make sure that food security is considered at the heart of it.

Many Members, including the Chairs of the Select Committees, referred to pesticides, which play an important role in UK food security.

The Science, Innovation and Technology Committee’s report, “Insect decline and UK food security”, states that there was a consensus among key industry stakeholders, academics, charities and farming representatives that

“pesticides, even if only used as a last resort, are needed for UK food production.”

However, it notes that they must be used sustainably, and the Government’s first priority on pesticides is to ensure that they will not harm people or impose unacceptable risks to the environment. A pesticide may only be placed on the market in Great Britain if a product has been authorised by the regulator, the Health and Safety Executive, following a thorough scientific risk assessment that concludes that all safety standards have been met.

Reference has been made to the national action plan on the sustainable use of pesticides. It will set out DEFRA’s ambition to minimise the risks and impacts of pesticides on human health and the environment, including how we intend to increase the uptake of integrated pest management across all sectors. We hope to publish that national action plan imminently. However, we have not waited for its publication, and we have been moving forward with work to support sustainable pest management, and DEFRA has funded a package of research projects that bring together scientific evidence underpinning integrated pest management. We look at ways of further encouraging its uptake.

[Greg Clark]

I am encouraged by the imminence of the publication of the action plan. Can the Minister confirm that “imminently” will mean that it will meet the recommendation of my Committee’s report, to which he referred, which echoes the report of the Environmental Audit Committee, chaired by my right hon. Friend the Member for Ludlow (Philip Dunne), that it should be by May at the latest?

[Robbie Moore]

I thank the Chair of the Science, Innovation and Technology Committee for his intervention. I reassure him that officials are working at pace, based on the recommendations of all the Select Committee Chairs, to ensure that we can get the announcement made as soon as possible. I want to reassure him on that.

Pollinators were raised, and we know that bees and other pollinators play an essential role in our £100 billion food industry. The economic benefit of insect pollination to UK agriculture is estimated at more than £500 million a year. I reassure all Members of the House that we have already taken action. We have announced 20 new nature-based solutions across the country, funded by a £25 million species survival fund, and that is in addition to the 12 nature recovery projects and 54 further projects that we have funded through the landscape recovery scheme. Under the pollinator strategy, we have already established a world-leading pollinator monitoring scheme for farmland that delivers food and fuel for pollinators.

Many points have been made throughout this debate, and I simply do not have time to respond to all of them, but I am happy to meet Members who have raised queries throughout the debate. In closing, in the last few seconds that I have, I reiterate that the UK has strong food security, and we are keen to enhance that. We are not taking that for granted. We are working across the supply chain to maintain and enhance food security across multiple policy areas, but it is worrying that Labour wants to roll out the blueprint it has established in Wales across the UK, should it get to power. I worry for farmers, and I worry how seriously Labour is taking food security, given that not one Labour Back Bencher contributed to such an important debate on food security.

I thank all Members who have contributed to today’s debate, including the Chairs of the Select Committees, my right hon. Friends the Members for Tunbridge Wells (Greg Clark), for Scarborough and Whitby (Sir Robert Goodwill) and for Ludlow (Philip Dunne), who have made their valuable contributions.

UK Food Security

Robbie Moore Excerpts

Tuesday 19th March 2024 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mrs Cummins. I thank the hon. Member for Somerton and Frome (Sarah Dyke) for securing today’s incredibly important debate. It has also been a pleasure to hear the interventions from right hon. and hon. Members.

UK food security is vital to our national security. Strengthening it by supporting our farmers and food producers is a top priority for this Government. Our high degree of food security is built on the supply of food from diverse sources—from domestic production as well as from imports through stable trade routes.

We produce 63% of all the food we need, and 73% of the food that we can grow or rear in the UK for all or part of the year. Those figures have changed little over the past 20 years. UK consumers have access through international trade to food products that we cannot produce here, or at least not on an all-year-round basis. This supplements domestic production and ensures that any disruption from risks such as adverse weather or disease do not affect the UK’s overall security of food supply.

The Department for Environment, Food and Rural Affairs has well-established ways of working with the industry and across Government to monitor risks that may arise. The key forum is the F4, which is chaired by a DEFRA Minister and comprises the National Farmers Union, the Food & Drink Federation, the British Retail Consortium and UKHospitality; it covers the interests of the sector from farm to fork. This extensive, regular and ongoing engagement helps the Department to quickly prepare for and respond to issues that have the potential to cause disruption to food supply chains.

We also continue monitoring of the market through the UK agriculture market monitoring group, which monitors price, supply, inputs, trade and recent developments. We have also broadened our engagement with the industry to supplement our analysis with real-time intelligence as required. Domestically, the Government have committed to maintaining, if not enhancing, the level of food that we currently produce. That includes sustainably boosting production in sectors in which there are post-Brexit opportunities.

Food production and environmental improvement can and must go hand in hand. We are already seeing the benefits of our environmental schemes, which are supporting food production domestically and are delivering environmental benefits. For instance, actions through the sustainable farming incentive support the creation of flower-rich buffers that help pollinators, which in turn help to produce a better yields. Our soil management actions ensure that farmers are supported in the foundations of food security, such as the health and the resilience of soil.

The Agriculture Act 2020 imposes the following duty:

“In framing any financial assistance scheme, the Secretary of State must have regard to the need to encourage the production of food by producers in England and its production by them in an environmentally sustainable way.”

We are seeing that through the roll-out of the environmental land management schemes.

[Jamie Stone]

Farmers in my constituency have made the point that when a carbon capture audit is done of a farm, the value of grassland in holding and storing carbon is underestimated. That should be looked at again in the overall audit of these farms, which could help in turn to support the growth of excellent beef on our farms.

[Robbie Moore]

Having been involved in the agriculture sector for my whole life before entering this place, I know just how important pasture and grassland are to carbon sequestration. When we are rolling out environmental land management schemes, it is important that the benefits of pasture land through carbon sequestration are taken into account. That is why the reforms that we have introduced, through coming out of the common agricultural policy, are so important to supporting a highly productive sector that is environmentally sustainable.

In addition to the sustainable farming incentive, the farming investment fund and the farm productivity innovation funding will further improve farm productivity. Our schemes will ensure our long-term food security by investing in the foundations of food production, such as healthy soil, water and biodiverse ecosystems. Backing our farmers is so important, which is why the Prime Minister and the Environment Secretary announced a range of measures at the National Farmers Union conference to boost productivity and resilience in the sector, including the largest ever grant offer for farmers in the coming financial year, which is expected to total £227 million.

[Tim Farron]

The Minister mentions the rolling out of the grant offer, which can be very valuable to many farmers. Is he aware that tenants cannot make those grant applications themselves? Does he agree with his noble Friend Baroness Rock that tenants and landlords should be able to make joint applications for capital grants so that our farmers can thrive and our tenants can remain on the land?

[Robbie Moore]

Baroness Rock’s review produced a fantastic report with many excellent recommendations. My DEFRA colleagues and I are in close interaction with Baroness Rock and are working our way through her many recommendations. If we are rolling out schemes, it is vital that any innovation or productivity grants, along with any sustainable farming incentive schemes or others that fall under the environmental land management schemes, are available to all applicants to ensure that we can get the best out of the land that they farm.

Building on the recommendations made, the £427 million of funding for measures announced at the National Farmers Union conference doubles the investment going into productivity schemes, growing the grant offer from £91 million last year to £220 million this year. We have already awarded £120 million in grant funding to farmers through the farming investment fund and have committed £120 million to 185 projects as part of the farming innovation programme. The Government will also provide £15 million in funding to stop millions of tonnes of good, fresh farm food going to waste, by redirecting that surplus into the hands of those who need it. Together, these funds will support innovation and productivity and will improve animal health and the environment.

We will continue to work across Government to ensure that we carry out the commitments made in the UK food strategy and at the farm-to-fork summit in respect of the national planning policy framework. We want to ensure that this fully reflects our shared food security and climate and environment ambitions. The national planning policy framework sets out clearly that local planning authorities should consider all the benefits of the best and most versatile agricultural land when making plans or taking decisions on new development proposals. This point builds on the intervention from my hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter). Where significant development of agricultural land is shown to be necessary, planning authorities should use poorer-quality land in preference to a higher quality.

Food supply is one of the UK’s 13 critical national infrastructure sectors. DEFRA and the Food Standards Agency are joint lead Government Departments, with DEFRA leading on supply and the FSA on food safety. We work closely with the Cabinet Office and other Departments to ensure that food supply is fully incorporated as part of emergency preparedness, including consideration of dependencies on other sectors.

In the Agriculture Act 2020, the Government made a commitment to produce an assessment of our food security at least once every three years. The first UK food security report was published in December 2021, and the next food security report will be published in December 2024. To ensure our continued food security, the Prime Minister has also announced that a food security index will be published annually—that has been welcomed by the sector—and will complement the three-yearly UK food security report. We are currently developing the content of the index, but we expect the index to present the key data and analysis needed to monitor how we are maintaining overall food security. Productivity, resilience and environmental sustainability are incredibly important to domestic food production and are a key element of our food security.

At the National Farmers Union conference, the Prime Minister also made an announcement about ensuring that we are giving internal drainage boards more support. We know how important lowland farmland is for producing food, which is why the £75 million of funding announced by the Government during the spring Budget and earlier at the NFU conference is so important to ensure that we can give our internal drainage boards the support that they need to mitigate flooding downstream as well as possible.

On health and wellbeing, I want to pick up on a point that the hon. Member for Somerton and Frome made about the Farm Safety Foundation. I know that James Chapman, the chair of the trustees, is doing an excellent job; he has been involved in the organisation since 2014, I believe. I wish him and his team well with the Farm Safety Foundation, as I know just how important that organisation is to improving not only farm safety, but the general health and wellbeing of our farming community.

The hon. Member for Somerton and Frome referred to the land use framework. I reassure her that the Secretary of State wants to ensure that food productivity is at the heart of the land use framework, which is why we are scrutinising it before it is released. Not only does it have to cover energy security, biodiversity offsetting, net zero and other measures, but we want to ensure that food security is at the heart of it before it is released. Our food security is strong, but we are not taking it for granted; we will continue to work across the supply chain to maintain and enhance it.

I thank all hon. Members who have contributed to the debate. I assure them that the Government consider food security to be incredibly important and will keep it as a top priority for the DEFRA ministerial team.

Question put and agreed to.

Delivering Rural Opportunity: Report

Robbie Moore Excerpts

Monday 18th March 2024 Written Statements

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

Today, the Government will publish their third annual rural proofing report on www.gov.uk. The report, titled “Delivering Rural Opportunity” examines the progress made in addressing the specific needs of rural communities and businesses.

In June 2023, the Department for Environment published “Unleashing Rural Opportunity”, a comprehensive plan comprising 25 key actions aimed at supporting a thriving rural England. This year’s rural proofing report will reflect on the progress made in delivering these commitments within the four priority areas outlined below.

Growing the rural economy will unlock the countryside’s rich human and natural capital, providing skills, jobs and opportunities to local communities. Since the publication of the URO, many commitments have already been achieved. In December 2023, as promised in the report, the smaller abattoir fund was launched, providing £4 million to boost competition and sustainability in the sector. Planning processes were reviewed in the consultation on permitted development rights and a Government response will be made in due course. DEFRA has also streamlined customer interactions with DEFRA’s agencies, and the services they offer, to make it easier for rural communities to engage with them.

Improving connectivity will expand the possibilities for rural businesses to grow and the opportunities that people in rural areas have. The Government committed to delivering the shared rural network, which has increased 4G coverage across Great Britain to 93%. Project Gigabit continues to make good progress, with gigabit coverage in England rising by 1.5% since September 2023. The rural connectivity accelerator, which will provide £7.3 million to test new ways to provide access to fast, reliable connectivity in remote areas for the first time by bringing together satellite, wireless and fixed-line internet connectivity is currently in the discovery phase. The Government also wants to improve connectivity between communities through improving public transport. In October, the Department of Transport published “Future of Transport”, highlighting how innovation in transport technologies and services has the potential to enhance rural transport and support a higher quality of life for people in rural areas.

It is also important that we build homes in rural areas where communities want them and provide those homes with affordable energy. That is why the commitment to include a rural exception site policy in the new national planning policy framework, published in December 2023, is so important. The “Connections Action Plan” outlines how the Government plan for transmission connection dates for viable, net zero-aligned projects to be on average no more than six months beyond the date requested by the customer, and the Government consulted last year on providing community benefits for those near transmission infrastructure. That consultation has closed, and guidance will be provided this year. Improving energy efficiency is also key to reducing costs in rural areas, and under the home upgrade grant 64% of measures installed by the scheme have been delivered by local authorities classified as rural. The second phase of the grant has allocated up to £378 million in grants ringfenced for rural local authorities.

The Government continue to support thriving rural communities. In January, it was confirmed that the rural services delivery grant will see its largest cash increase since 2018-19, and the second successive year of above inflation increases, to ensure that local authorities can deliver needs that are typically more expensive in rural areas. In February 2024, the platinum jubilee village halls fund began offering grants from £2,000 to £5,000, fulfilling our commitment in unleashing rural opportunity to make the fund accessible to smaller scale projects. The Government have also committed to preventing rural communities from becoming littered with illegal waste, laying regulations in January 2024 to ringfence the use of income from litter and fly-tipping penalties, which councils keep, for enforcement and clean up only. The regulations are due to come into force on 1 April 2024, and funding councils across the country to directly intervene at fly-tipping hotspots.

The rural proofing report goes into detail about how these commitments were achieved, and how close we are to completion of other promises. The report also examines other commitments made in recent years.

[HCWS353]

Oral Answers to Questions

Robbie Moore Excerpts

Thursday 14th March 2024 Commons Chamber

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

14. What recent progress his Department has made on improving water quality.

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

We know how important clean water is to the public, and we share their concern and outrage about pollution in waterways. That is why we have increased monitoring of storm overflows in England from 7% under Labour in 2010 to 100% today, and we are now holding water companies to account on tackling pollution by quadrupling the number of checks, increasing unannounced inspections, giving Ofwat new powers to block bonuses, and taking action against water companies that do not link dividends to environmental performance.

[Mick Whitley]

Households across the north-west could see their water bills rise by nearly 40% by 2030 as water companies look to consumers to meet the costs of much-need infrastructure upgrades. Do the Government agree that the cost of stemming the flow of sewage into our waterways should be met by the water companies and the shareholders who were received hundreds of millions of pounds in payouts last year, not by the hard- working British public?

[Robbie Moore]

The Government are absolutely clear that no one should pay extra for water companies to clean up our rivers. We are pleased that water companies have promised a £96 billion investment over the next five years across England and Wales, and we will continue to hold polluters to account. Just this week, we announced a fast-track investment of £180 million over the next 12 months to prevent more than 800,000 sewage spills from polluting English waterways.

[Rachael Maskell]

We should not have an open sewer flowing through the city of York and, when it floods, flowing into businesses and people’s homes. While water company executives have pocketed £10 million in bonuses, my constituents have had to put up with 1,414 sewage releases. When will the Minister end this profiteering and invest in upgrading York’s sewerage infrastructure? How does he intend to do this?

[Robbie Moore]

As I said, we have already seen water companies want to invest £96 billion over the next price review cycle. I recently visited York, and work is being undertaken by Yorkshire Water to address sewage pollution spills. Ofwat has already been given powers to take a much tougher approach to bosses’ bonuses, if their companies are deemed to have been polluting. This Government will continue to hold water companies to account.

[Stephen Crabb]

I welcome the action that this Government are taking to improve water quality, but in Wales, which has some of the worst levels of sewage pollution, there are no legally binding targets for the water companies to reduce sewage or to upgrade their waste water treatment plants, and there is no overall reduction plan for sewage. There are not even any prosecutions, because the policy in Wales is not to prosecute these companies. Does the Minister know which party is running the Administration in Wales?

[Robbie Moore]

I share my right hon. Friend’s concerns about Labour’s failure to tackle spills from storm overflows in Wales, where the average number of spills from storm overflows is two thirds higher than in England. I am not surprised by this, because we know that when Labour was last in government in 2010, only 7% of storm overflows were monitored, compared with 100% today. Ninety per cent of bathing waters are now classed as good or excellent, compared with just 76% under Labour in 2010.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

Drinking water is treated with both ultraviolet light and chlorine before it goes into our taps, so it is perfectly safe. Water that goes through water treatment works is treated but not necessarily disinfected by the use of UV, unless it is heading towards a designated bathing water.

France is hosting the Olympics in Paris, and the Seine is being treated with performic acid. One place in this country, Southwold, is using performic acid right now, but scientists from the Department for Environment, Food and Rural Affairs and the Environment Agency have so far been reluctant to roll it out. If it is good enough for people to swim in the Seine during the Olympics, surely it is good enough to start using this treatment, which is cheaper and could be deployed across our country.

[Robbie Moore]

I thank my right hon. Friend for raising this important issue, and I reassure her that I am having conversations with officials not only in the Environment Agency but in DEFRA on this very issue. I am more than happy to meet her so she can share her knowledge from when she was Secretary of State.

[Mr Speaker]

I call the shadow Minister.

[Mr Toby Perkins (Chesterfield) (Lab)]

It is clear from what we have heard that the Minister is here to tell us how well the Government and the water companies are doing. Meanwhile, out there in the real world, the recent “State of Our Rivers” report exposed that not one English river is in a good overall condition. The capital’s water supplier is on the brink of collapse, and the only solution that the Government are even considering was stolen from the Labour party. Is it not the truth that what Britian’s rivers really cannot afford is five more years of this useless Government?

[Robbie Moore]

When the Leader of the Opposition says that he would want Wales to be his blueprint if Labour gets into power in England, I fear for this country. We have seen far worse water pollution under Welsh Labour, as has already been said. We will continue with our plan for water, which is about more investment, stronger regulation and much tougher enforcement against those who pollute.

[Munira Wilson (Twickenham) (LD)]

4. Whether he has had recent discussions with Thames Water on its proposals for the Teddington direct river abstraction project.

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

DEFRA, supported by the Environment Agency, is currently seeking clarification from Thames Water on its revised draft water resources management plan to help inform the next steps for the Teddington project. The proposals are still at an early stage. Thames Water will continue to carry out further consultation over the next couple of years to help it design and carry out further environmental assessments of the scheme.

[Munira Wilson]

The water resources management plan for the south-east, which contains the highly controversial Teddington direct river abstraction proposal opposed by tens of thousands of local residents and river users across south-west London, has been sitting on the Environment Secretary’s desk since August. We have been calling for the Teddington proposal to be taken out of the plan, and we were told that a decision would be made by Christmas, then by February 2024, and now we are told it will be made in due course. In the meantime, as the Minister suggests, Thames Water is wasting huge amounts of billpayers’ money on the proposals, so will he confirm when the Secretary of State plans to make a decision on the water resources management plan and whether he will take the Teddington project out of it?

[Robbie Moore]

This follows on from a conversation I had with the hon. Lady and her constituency neighbour, the hon. Member for Richmond Park (Sarah Olney). We are well aware of Thames Water’s proposals for this scheme, which is still in a consultation stage. It is one of 17 strategic water resources options being considered across the Thames catchment, and I will be updated by Thames Water, as will the Secretary of State, when it has completed its consultation.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

5. What recent estimate he has made with Cabinet colleagues of the cost to businesses of “Not for EU” labelling.

--- Later in debate ---

[Tom Randall (Gedling) (Con)]

I thank the Minister responsible for water for coming to Vale Road in Colwick recently to meet residents affected by flooding. I know that that meeting was very much appreciated. Will the Minister reassure me that he and his Department will carry on working with me to continue to improve flood defences in Colwick and across Nottinghamshire, so that the residents can sleep a little better at night?

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

I was glad to visit Colwick and meet residents along Vale Road to hear about the impact of recent flooding, not only on them but on residents of the wider area. I will continue to work with my hon. Friend and with Nottinghamshire County Council. This is not the only area that he is interested in; he has also been working with my right hon. Friend the Member for Sherwood (Mark Spencer) to focus on Lambley and Woodborough as well. That work will build on the £51 million that has already been allocated to Nottinghamshire County Council and is already better protecting 15,000 properties.

[Imran Hussain (Bradford East) (Lab)]

T7. For my constituents in Bradford, food prices have soared along with the rising cost of living. The increase has recently reached a peak of 19.1%—the biggest in almost 50 years—making it increasingly difficult for families in Bradford to make ends meet. What does the Minister have to say to my constituents, who are now paying far more for their weekly shop, not just because of inflation but because the Tory Government have failed over 14 years to implement a proper food strategy to support UK farmers, and have put in place damaging barriers to trade with the rest of Europe?

--- Later in debate ---

[Mark Pawsey (Rugby) (Con)]

The Secretary of State is bringing forward a system of extended producer responsibility to obligate brand owners, including food suppliers, to bear the cost of recycling the packaging that they place on the market. However, in some estimates, the cost to obligated businesses will be 10 times higher than under the current packaging waste recycling note system. Given that the cost will need to be passed to consumers, does the Minister share the concern that it will contribute to food price inflation?

[Robbie Moore]

It was good to meet my hon. Friend just this week to discuss that issue. I encourage all those in the packaging sector, and those involved in the industry, to keep feeding information to my officials. We are reviewing EPR at the moment—we have a dedicated roll-out plan for it—but we are very keen to hear from the industry.

--- Later in debate ---

[Anna Firth (Southend West) (Con)]

Ministers are already aware of the success of my quarterly water summits, which have caused Anglian Water to beat the Government target for reducing storm overflows by five years and to pilot all-year-round testing of our bathing waters. However, one agency consistency failed to attend: the Environment Agency. Will the Minister come to the next summit and bring the Environment Agency with him?

[Robbie Moore]

There is no doughtier champion than my hon. Friend, who has been lobbying me on this issue. I am happy to commit to the Environment Agency attending her next summit, and I will also attend in person.

[Richard Foord (Tiverton and Honiton) (LD)]

British farmers produce some of the very best produce in the world, but the trend in supermarkets selling it is going in the wrong direction. Will the Minister support Liberal Democrat proposals to invest an additional £1 billion in British farming, and reform environmental land management schemes so that they genuinely incentivise sustainable farming?

[Andrew Jones (Harrogate and Knaresborough) (Con)]

Can my hon. Friend update the House on the responses to the consultation on the 27 bids for bathing water status—one of which, of course, is for the River Nidd and the lido in Knaresborough?

[Robbie Moore]

My officials have been inundated with a huge number of responses to the consultations on the 27 bathing water sites. My hon. Friend is a doughty campaigner for the River Nidd; I cannot say anything at the moment, but he will not have to wait too long before hearing the outcome.

[Alison Thewliss (Glasgow Central) (SNP)]

Lidl has become the first supermarket to roll out a deposit return scheme across the whole city of Glasgow. Will the Secretary of State commend Lidl on doing what he blocked the Scottish Government from rolling out across Scotland?

South West Water

Robbie Moore Excerpts

Tuesday 5th March 2024 Westminster Hall

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

I thank my hon. Friend the Member for East Devon (Simon Jupp) for bringing the matter of the performance of South West Water before the House, which has proven to be an incredibly important debate. I am disappointed in the continued poor performance shown by South West Water and its impact on our local environment.

Recently, I undertook a tour of the south-west and heard at first hand how pollution can impact coastal communities and local economies. I want it to be clear that this Government have made improving water company performance a top priority. While performance may have improved in the 2022-23 reporting year, South West Water remains one of the worst performing companies, with a long way to go still—in particular on pollution incidents and storm overflow discharges, both of which were significantly above the industry average in 2022. That is completely unacceptable. South West Water should be under no illusion: it must take urgent steps to reduce its pollution incidents significantly, as well as addressing other performance concerns, such as increasing resilience of the water supply.

Among the concerns expressed by Members, my hon. Friend the Member for East Devon raised the issue of sewage discharge into Exmouth bathing water. I have recently had discussions with him about that, and he has written to me several times. Although the condition of the bathing water is currently classified as excellent by the Environment Agency, I wish to reassure the House that the recent incidents raised by my hon. Friend are currently being investigated by the Environment Agency. It has required South West Water to provide data and information to support its investigations. It would be inappropriate for me to comment from the Dispatch Box while this investigation is ongoing, but please rest assured that the regulator will not hesitate to hold the water company to account if a breach has occurred.

The Environment Agency is also scrutinising South West Water’s overall pollution reduction plan to ensure that the company has the right plans in place to prevent future issues. I will also be personally seeking assurance from the chief executive of South West Water, Susan Davy, that the company is doing all it can to mitigate the environmental impacts and protect bathing waters both in Exmouth and across the south-west for the sake of both the environment and public health.

I am also aware of the concerns of Members and the public following high-profile sewage spills, such as those at Harlyn bay in Cornwall. I am pleased to see that South West Water has outlined an £800,000 investment in this area by 2025 to reduce surface water ingress into the combined sewer network to help reduce storm overflow spill frequencies. However, its actions are again coming too late, following years of neglecting its civic duties. This Government will not be shy of holding the company to account.

[Richard Foord]

Would the Minister agree that the problem is not just with one single water company but with the regulatory environment in which water companies operate? That is why at last night’s #EndSewagePollution coalition meeting, which I brought together, we had present the Rivers Trust, British Canoeing, the Angling Trust, River Action UK, Swim England, Surfers Against Sewage and the Women’s Institute. Does the Minister regret being unable to attend?

[Robbie Moore]

I find it a huge misfortune that it is Lib Dem policy to get rid of one of the key regulators, Ofwat, as has been confirmed in this debate. We have just given Ofwat powers to take a much more robust approach to dividends and water company bosses’ bonuses, so I fear for the future of holding water companies to account if Lib Dem policy is get rid of it. This Government know that the industry needs to go further and faster to address these issues.

In 2022, data indicated that 6.47% of South West Water storm overflows spilled 100 times or more, which was twice the sector average. That is quite simply unsatisfactory. That is why we have introduced our storm overflows discharge reduction plan—the most ambitious plan to address storm overflows discharges in water company history, which will deliver £60 billion of capital investment by 2050 and target our most important sites, including bathing waters first.

The Government have also driven water companies to ensure that we now have 100% monitoring of storm overflows; that is up from 7% in 2010 under the previous Labour Administration. It was the last Labour Administration who brought out self-monitoring; we want to overturn that as we have better data from the roll-out of 100% monitoring.

However, I recognise the progress happening in the south-west. Indeed, I recently visited a pilot scheme at Combe Martin village with my hon. Friend the Member for North Devon (Selaine Saxby), where smart water butts and sustainable drainage had been introduced to better manage rainwater. That was having a positive impact. I commend my hon. Friend on the good work that she has been doing in her constituency, working together with her constituents and with campaign groups to ensure that a partnership-led approach can actively work on the ground when it comes to tackling sewage pollution.

[Mr Perkins]

The Minister mentioned something that some of his colleagues have referred to. Self-monitoring was either a big problem, in which case I do not know why the Government have not got rid of it in the last 14 years, or it was not. He needs to be credible about this. If he is trying to say that self-monitoring is a problem, they should have done something years ago.

[Robbie Moore]

That is why this Government have rolled out 100% monitoring of our storm overflows; once we have the data, we are able to hold failing water companies to account. That is exactly what this Government intend to do through our “Plan for Water”, which is all about more investment, stronger regulation and tougher enforcement.

I also wish to address some of the points made by my hon. Friend the Member for Newton Abbot (Anne Marie Morris) regarding South West Water’s resilience to drought, as I know many in the region experienced extended hosepipe bans. I am pleased to say that South West Water has informed us that, as of 22 February 2024, the Roadford reservoir is now at 100% capacity and Colliford is at 87%, showing significant improvement. The Environment Agency continues to work with the company on a range of new sources to improve resilience. I recently visited Hawks Tor, a former clay pit, that has been brought into the water supply to try to deal with some of those water resilience issues.

Many Members mentioned the issue of investment. Of course, addressing these concerns requires investment, and this responds to some of the points made by my hon. Friend the Member for Torbay (Kevin Foster). Following a DEFRA commission, Ofwat—which, it seems, the Lib Dems want to abolish—agreed to accelerate £128 million of funding to accelerate smart metering, build nutrient removal systems to improve river water quality and accelerate 15 storm overflow improvements in the Falmouth and Sidmouth catchments.

South West Water’s latest business plans include a significant £2.8 billion package of investment, which Ofwat is now scrutinising to ensure that it will truly deliver for customers and begin to turn its poor record around. Its commitments will also include achieving the lowest level of pollution incidence in the sector and significantly increasing water quality and water resilience by investment in new treatment works, reservoirs and tackling leakage. South West Water must now deliver on those ambitious plans, and this Government will hold it to account every step of the way. I look forward to my next meeting with the chief executive to be able to get an update on those plans.

I also wish to assure the House that the Government and our regulators, Ofwat and the Environment Agency, do not take underperformance lightly. As a result of failing to meet its performance commitments, Ofwat has directed South West Water to return £9.2 million to customers during the financial year of 2024-25, in addition to the £13.3 million returned in the financial year 2022-23. I again reiterate that, if the Lib Dems want to get rid of Ofwat, I am not quite sure who would be directing South West Water to do that.

South West Water was also instructed by Ofwat to produce a service commitment plan to demonstrate how it will meet the commitments made at the start of the current five-year price review period, and that was updated in November 2023. As I have said, I will shortly be meeting the chief executive of South West Water again to discuss progress on its plans and to hold the water company to account on its specific failures on pollution incidents.

When water companies fall short, we will not hesitate to hold them to account. Since 2015, the Environment Agency has secured fines of over £150 million, including a £2.1 million fine for South West Water in April 2023. Furthermore, under the action taken by this Government, we will be strengthening regulation to ensure that regulators have the tools to hold water companies to account. I want to thank all Members for their contributions today, and particularly my hon. Friend the Member for East Devon for bringing this important debate before the House.

[Gordon Henderson (in the Chair)]

The hon. Gentleman has one minute to wind up.

Draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024 Draft Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023

Robbie Moore Excerpts

Tuesday 5th March 2024 General Committees

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

I beg to move,

That the Committee has considered the draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024.

[The Chair]

With this it will be convenient to consider the draft Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023.

[Robbie Moore]

Laid in draft before the House on 17 January, the regulations amend the Packaging Waste (Data Reporting) (England) Regulations 2023. Since June last year, when those regulations were first amended, there have been developments in the collection and packaging reforms, including a 12-month deferral of the full implementation of the packaging extended producer responsibility scheme, to focus on stakeholder engagement, and a delay to the Scottish deposit return scheme. Those events have caused several issues that now require amendments to producers’ data reporting obligations.

Let me turn to the details of the first statutory instrument. The regulations introduce two key changes, but I assure the Committee from the outset that the changes being introduced are not a change of policy intent; instead, they address the delay to the Scottish DRS and stakeholder concerns. First, the SI removes the exemption from data reporting on drinks containers that would have been obligated in a Scottish DRS. The delay to that scheme, combined with the exemption from the data reporting regulations, meant that 180,000 tonnes of packaging would have gone unobligated for a number of years under both the DRS and the EPR. The amendment accounts for the development and ensures that all packaging supplied in the UK will attract a recycling obligation. The new provisions will exempt this material again once a DRS is operational.

Secondly, the SI makes changes that address stakeholder feedback on the definition of household packaging. The amendments address two key aspects, which broaden the definition to allow for more packaging to be exempt from disposal fees. The first is where packaging or a packaged product is designed to be used only by a business. An example would be a 50-litre beer keg. Under the current definition, if the beer keg is sold to a wholesaler before being supplied to the pub that uses it, the packaging would have to be reported as household packaging. However, large beer kegs are unlikely to end up in household bins. Our amendments introduce an additional test, which offers producers the opportunity to exempt such packaging from being treated as household packaging.

The second change widens that business-only exemption to include packaging or a packaged product that is supplied to public institutions, such as hospitals or schools, that is unlikely to end up being disposed of in a household bin—for example, packaging for an ultrasound scanner or restricted medicines. The amendments allow for more packaging to be fairly exempted from being defined as household packaging and therefore not attract packaging EPR disposal cost fees. However, all packaging will remain subject to packaging EPR recycling obligations through the purchase of packaging recycling evidence notes from re-processors and exporters, as it is at present.

In addition to the two key changes that I have discussed, the regulations make a number of other changes. Four of the amendments were identified not long after the original regulations came into force in early 2023. We were not able to include them in the amendments midway through the 2023 data collection year as they would have retrospectively increased the obligations. We always intended to make the changes starting from the 2024 reporting year.

The first change clarifies that the packer or filler is obligated for branded packaging if the only brand on the packaging relates to the packaging itself and not the product inside. For example, if a packer puts their product in a branded Jiffy bag but does not add their own brand to it, the packer is obligated, not Jiffy.

The second change makes it clear that where ownership for imported packaging remains with an overseas producer until it is passed to the client by a third party—or a toll manufacturer—the first person to take ownership in the UK is obligated for that packaging. This could be a supermarket or wholesaler. The amendment ensures that such packaging does not go unobligated.

The third change addresses a loophole to ensure that distributor producers retain their obligations where they sell empty packaging to large producers who then sell that packaging onwards without filling it. For example, this could be a wholesaler that sells unfilled cups to small, independent coffee shops.

The fourth change is an amendment to the seller obligation. The regulations already require reporting by nation of packaging sold from a business to a consumer. The fix in the regulations will ensure that data is also reported on the nation in which packaging is sold from one business to another business. This was always the intention, and will help to enable the tracking of recycling rates in each nation individually.

In addition, we are making an amendment that will aid distributor producers in complying with the regulations in advance of the main packaging extended producer responsibility regulations coming into force later this year. It does this by placing an obligation on the Environment Agency to publish a list of all large producers that have reported data, thereby supporting them in identifying which of their customers are obligated producers in their own right.

Finally, the SI includes some minor amendments to correct the drafting, some provisions to accommodate the transition from the Producer Responsibility Obligations (Packaging Waste) Regulations 2007, and some changes to help to avoid the reporting on one piece of packaging by two producers. The amending regulations will apply to England only, but similar amending regulations are being progressed in Wales, Scotland and Northern Ireland. My officials have worked closely with the relevant Departments in the devolved Administrations on the development of this legislation.

I turn now to the draft Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023, which were laid before the House on 10 January this year. Litter and fly-tipping harm the environment and blight our communities. We want to see councils making the most of their enforcement powers, including by issuing fixed penalty notices to those who litter, fly-tip or pass their household waste to someone without the proper licence. Income from such fines is retained by councils and is currently ringfenced for various functions related to waste management, including sweeping, emptying bins and household waste collection. We know, however, that in a minority of councils fixed penalty receipts are absorbed into general council budgets or spent on other neighbourhood functions.

The Government believe that the revenue received through the payment of such penalties should be reinvested into expanding or improving councils’ enforcement functions and cleaning up the consequences of this antisocial behaviour. The statutory instrument achieves this goal by amending the qualifying functions on which councils can spend income from such penalties to cover enforcement and clean-up only. By improving their enforcement capabilities, councils should be able to catch more perpetrators and deter others from offending, which should lead to cleaner streets, parks and countryside. Enforcement functions could include employing more officers, investing in CCTV and signage, and improving the use of data. Clean-up functions can include collecting and disposing of litter and fly-tipping and restoring land that has been harmed.

The statutory instrument retains the ability of the Secretary of State to make provisions by future legislation about how local authorities in England use their fixed penalty receipts. Although the new ringfence will apply to councils in England only, the instrument does include consequential amendments relevant to Wales to ensure that no changes are made to how local authorities in Wales can spend fixed penalty receipts.

The statutory instrument also makes consequential amendments to the Local Government (Structural Changes) (Further Transitional Arrangements and Staffing) Regulations 2009 to ensure that arrangements pertaining to the merging of authorities in England are not affected. Consequential amendments are also made to the Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, meaning that no changes are made to how authorities can spend income from the relevant civil penalties.

To conclude, I emphasise that the measures in the first statutory instrument are crucial for enabling the effective implementation of the extended producer responsibility for packaging and realising its associated environmental benefits. The regulations in the second instrument will drive councils in England to reinvest more income from fixed penalty receipts from litter and fly-tipping into enforcement, thereby catching more offenders and keeping our communities clean. I commend the draft regulations to the Committee.

--- Later in debate ---

[Robbie Moore]

I thank the hon. Member for Newport West for her valuable contribution to the debate. Let me address some of her points and comment on the questions that have been raised.

The first SI makes amendments that will significantly extend the household packaging exemption, but we appreciate that more work may need to be done to make it go further. In developing the definition we have reviewed and engaged heavily with stakeholders, and taken into account the established schemes that have been introduced in other countries. We are not only making sure that this legislation is rolled out here, but working closely in conjunction with the devolved Administrations before the main SI is laid before this House by the UK Government. We are also working closely with stakeholders to ensure that the definition aligns with the policy aims and needs of the sector, while balancing the requirement to create an approach that is both enforceable and fair to local authorities.

The hon. Lady asked why the SI is necessary. It includes important amendments that take account of the deferral of the packaging EPR and the delay of the Scottish deposit return scheme. The amendments also take account of feedback. We have listened to stakeholders throughout the 2023 consultation and other engagement. Not making the amendments would result in, among other things, the Scottish DRS material being unfairly obligated; double reporting by producers; and packaging being classified as household packaging where evidence to the contrary is easily available. That is why the SI is necessary.

On timing, it is understandable that producers are keen to get clarity on fees. Under the extended producer responsibility packaging regulations, producer fee rates will be set and published by the scheme administrator. The fee rates for the 2025-26 financial year will not be known until the spring of 2025, once all the producer packaging data has been received and checked. However, in the meantime, to support producers, we aim to produce illustrative fees as soon as possible.

On the risk of significant non-compliance by producers, I assure the hon. Lady and all Members that we are doing all we can to make sure that producers that are obligated to comply with the regulations are in the best position to do so. We have a comprehensive programme of engagement that is reaching out to more than 10,000 organisations through webinars and newsletters. In addition, we have published guidance on the gov.uk website.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

I am particularly pleased that my hon. Friend is tackling fly-tipping, which my constituents have raised with me as a problem, as well as dealing with people dropping litter. What does he expect it to cost businesses to comply with the packaging regulations? Does he expect that to put prices up?

[Robbie Moore]

As I have said, we want to put businesses in the best position possible to have an understanding of the fees that are likely to be imposed on them. That is why we aim to give out indicative fees to businesses later this year, so that they can encompass them within their business models. It will be up to them to consider how that will impact any consumer when rolled out. As a Government, we aim to get the indicative fees out to industry as soon as possible so that they can best forward plan.

The hon. Member for Newport West referred to modulated fees. We are in the process of reviewing and collating the evidence we collected in the autumn of 2023 on the 13 broad types of packaging that will be shortlisted for higher fees, and we will engage further with stakeholders on that topic in the second half of 2024.

[Ruth Jones]

I understand that the Minister is talking about preparation, but industry needs certainty and clarity now; it cannot talk about things now and then put them into place with just a couple of months’ notice. When will the DRS industry forum next meet? When will the complete packaging EPR framework be available for industry and local authorities?

--- Later in debate ---

[Robbie Moore]

I will come to the DRS shortly. We engage with industry constantly on EPR and, as I said, we are aiming to get the indicative fee structure out as soon as possible. On modulated fees, we have ongoing engagement with the sector and aim to provide further clarity in the first half of this year.

The hon. Lady asked about reusable and refillable packaging. Following feedback from stakeholders, we have decided that the initial focus of the packaging EPR will be to encourage the greater use of recyclable packaging and to complete the work of putting in place a cost-effective and efficient recycling system to ensure that recyclable packaging is recycled. Further obligations are to be introduced on the use of reusable packaging, in which all producers will be encouraged to get involved and engaged.

Before I move on to the DRS, I know that the hon. Lady asked about support for councils. From 2025, the extended producer responsibility for packaging will move the full cost of dealing with household packaging waste that is generated by households from local authorities to the businesses that handle and use packaging, applying the “polluter pays” principle. Once the packaging EPR is fully operational, the shift of cost from local authorities to producers is estimated to be in the order of £1.2 billion per year across local authorities in the UK.

The implementation of the DRS will be rolled out, and we are listening to and continue to work with industry to assess the feasibility of the implementation date as more detail on the implementation phases of the scheme is developed. I stress that it is incredibly important that we get the complete interoperability of the deposit return scheme across all nations. That work and those conversations are currently happening with the devolved Administrations.

[Ruth Jones]

The Minister is generous to give way again. He has talked up interoperability, which is crucial —we do not want glass bottles going one way across the border and plastic bottles going across the Scottish border—but when will it happen? The rumour is that it will be 2028; will the Minister confirm or deny that?

[Robbie Moore]

I will not get involved in commenting on rumours, but I can say that the announcement will be made shortly.

In May 2023, the UK Government published a position statement setting out that the deposit return scheme across the UK should be interoperable to reduce the complexity for businesses and consumers. That is key because not only does the scheme need to be completely interoperable but we need to bring consumers along with us. If a DRS scheme is to be completely operational and have the influence and impact that we as a Government want it to have, we have to bring consumers along with us, which is where we are focusing our efforts before we make any further announcements. The Department for Environment, Food and Rural Affairs is working closely and at pace with the devolved Administrations on the next steps to deliver interoperable schemes across the UK. As I say, we aim to provide more clarity on that shortly.

Let me turn to the second SI, on waste enforcement. As referred to in the anti-social behaviour action plan, the Prime Minister has made it clear that councils should take a tougher approach to enforcement and make greater use of fixed penalties. The maximum fixed penalty that councils can issue has been increased from £400 to £1,000 for fly-tipping, from £150 to £500 for littering, and from £400 to £600 for householders using an unlicensed waste carrier. I reassure the hon. Member for Newport West that the Government have published new league tables to provide transparency on how councils are using their fly-tipping enforcement powers.

As I outlined, the statutory instrument will help to drive up more income from fixed penalty receipts, which will go into the building of enforcement capability and capacity in English councils, meaning that more offenders are brought to justice. As we all know, fly-tipping is a serious crime and offenders can face significant fines and imprisonment if they are convicted in court. DEFRA is working at pace on the issue. In 2021, the National Fly-Tipping Prevention Group produced a guide on how councils and others can build robust cases for prosecutions. The average court fine has increased by 12%.

On the hon. Lady’s question about litter and fly-tipping fining for profit, fixed penalty notices should never be used to raise revenue, or to punish accidental littering or those who are trying to do the right thing, when education would be a better approach. The new, tighter ringfence will send a clear message to councils and members of the public that the penalties are not a moneymaking tool for councils, but rather a tool to help them to protect public spaces. We will provide statutory guidance on the use of litter penalties and will consider including advisory statements on fly-tipping.

To conclude, I hope that I have covered most of, if not all, the points raised—

[Ruth Jones]

The Minister is being very generous with his time. I do realise that I asked a lot of questions; would it be easier for me to write to him on certain things such as when the DRS industry forum will next meet?

--- Later in debate ---

[Robbie Moore]

I am more than happy to receive correspondence from all Members of this House, and will of course provide the response to any questions raised. I am happy to receive any questions in writing.

To conclude, I trust that Committee members understand and accept the need for the two statutory instruments, the first of which will make crucial changes to the Packaging Waste (Data Reporting) (England) Regulations 2023 that will ensure that drinks containers that are supplied in Scotland pick up an obligation in the same way that drinks containers supplied elsewhere do. The amendments will also widen the provisions that allow for some primary and shipment packaging to become exempt from being defined as household packaging. Finally, further amendments made through the regulations will provide clarification on producer reporting.

The second statutory instrument will drive councils in England to reinvest more income from fixed penalty receipts from litter and fly-tipping into enforcement, thereby catching more offenders and keeping our communities clean. I thank Members for their contributions and support. I commend the regulations to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024.

DRAFT WASTE ENFORCEMENT (FIXED PENALTY RECEIPTS) (AMENDMENT) (ENGLAND AND WALES) REGULATIONS 2023

Resolved,

That the Committee has considered the draft Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023.—(Robbie Moore.)

Water Pollution: East Durham

Robbie Moore Excerpts

Wednesday 21st February 2024 Commons Chamber

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

I thank the hon. Member for Easington (Grahame Morris) for securing this important debate and welcome the opportunity to respond to some the points he has made. As we all know, our waterways are a precious resource and their management is something on which this Government have been leading the way, in taking incredibly serious action against those who pollute. In April 2023, the Government introduced our “Plan for Water”, which marks a step change in how we manage our waters. This will deliver more investment, stronger regulation and tougher enforcement to tackle pollution and clean up water. The Government have also set stringent targets to tackle sewage spills, prioritising bathing waters and sites of special scientific interest just like the Durham coast SSSI.

To improve our waterways, the Government are clear that we need to hold to account robustly those who pollute, including our water companies, as customers rightly expect us to do. Yesterday we announced that we are significantly increasing our oversight of the water industry. Every water company should expect their waste water treatment sites to be regularly inspected, which includes unannounced inspections. The number of inspections will rise to 4,000 by the end of March 2025, which is a 370% increase.

Also, on 12 February the Environment Secretary announced that Ofwat will be consulting on banning water bosses receiving bonuses if a water company has committed a serious criminal breach. Ofwat will take forward a consultation to define the criteria for a ban, which could include the prosecution of a category 1 or category 2 pollution incident—such as causing significant pollution at a bathing water site location or a conservation area—or where a water company has been found guilty of a serious management failing. The ban would apply to all executive board members and the chief executive who sits on that board, and we expect it to come into effect later this year. The Government are clear that no one should be rewarded for a serious criminal breach while managing and operating a water company, should that serious breach take place on their watch. This builds on Ofwat’s announcements last year to tighten restrictions on bonuses, using powers given to the regulator through the Environment Act 2021.

Let us be clear: tougher enforcement requires more monitoring. To ensure that robust action is taken, we are holding the water industry to account on a scale that has never been seen before. This Government are driving up monitoring and transparency to ensure that the public can see what is going on, and this starts with monitoring. This Government have achieved 100% monitoring of England’s storm overflows, which is a vast improvement on the just 7% of storm overflows that were monitored under Labour in 2010. This is a major step forward in protecting our precious water bodies as well as the communities and wildlife that rely on them. Meeting this target is a significant achievement in creating positive environmental change and an ability to hold to account the water companies that pollute.

Regarding Northumbrian Water, the water and sewerage company servicing the east Durham area, I am aware that no serious pollution incidents were recorded in 2022 or 2023. However, I am aware that there has been a concerning increase in the number of pollution incidents that have taken place over a longer period. Since January 2015, Northumbrian Water has faced three prosecutions and a total of £807,000 in fines from the Environment Agency. The most recent prosecution followed two consecutive days in March 2017 of raw sewage being released from manhole chambers in Bishop Auckland, which was completely unacceptable. Northumbrian Water is one of six water companies with live cases for potential failures at sewage treatment works that may have led to unpermitted sewage discharges into the environment. I am happy to meet the hon. Member if there are other matters that he wishes to raise.

[Grahame Morris]

I thank the Minister for his response but, in terms of serious notifiable incidents, there were 184 sewage discharge water alerts in 2023, which is a huge number. I am not sure of the established definition of “serious”, but what is his view of the level of dividends being paid and of the business plans being operated by Northumbrian Water and, presumably, other privatised water companies? They are securitising assets, including Kielder Water, the biggest reservoir in western Europe, and using the proceeds to pay shareholder dividends, rather than to repair infrastructure. What is his view on that?

[Robbie Moore]

The hon. Gentleman will have noted what I said about wanting to tighten up the bonuses paid not only to chief executives but to executive board members. Earlier this year, the Government announced tighter measures, relating specifically to environmental performance, for Ofwat to be able to challenge dividends.

Last year, to tackle storm overflow discharges, we updated our storm overflow discharge reduction plan, which sets stringent targets to reduce storm overflows. It prioritises action on overflows that discharge into ecologically sensitive sites such as SSSIs, areas of outstanding natural beauty and bathing waters. It will also drive water companies to deliver their largest ever infrastructure programme, an incredible £60 billion over the next 25 years. We are already seeing many water companies accelerating their investment in increasing the assets they oversee.

Moreover, I am aware that there are three designated bathing waters on the County Durham coastline in the hon. Gentleman’s constituency: Seaham Hall, Seaham beach and Crimdon. Substantial improvements have been made to English bathing waters in recent years. Almost 90% of designated bathing waters in England met the highest standards—good or excellent—in 2023, up from 76% in 2010, and that is despite stricter standards being introduced in 2015. These bathing waters are routinely monitored by the Environment Agency during the official bathing water season from May to September.

In 2023, two of the bathing water sites in the hon. Gentleman’s constituency were classified as good, and all met the minimum standard of sufficient. However, I recognise that two had deteriorated from the previous year’s classification. The Environment Agency will investigate the reasons for that deterioration in the region’s bathing water.

We are working closely with Ofwat and the Environment Agency to ensure that they have the tools and resources they need to hold water companies to account. We have provided an extra £2.2 million a year to the Environment Agency specifically for water company enforcement activity. Furthermore, in May 2023 Ofwat announced that its enforcement capacity will be trebled following the Government’s approval of an £11.3 million budget increase.

We have legislated to introduce unlimited penalties for water companies that breach their environmental permits, and to expand the range of offences to which those penalties can be applied. For the avoidance of doubt, this includes criminal.

In our “Plan for Water” we announced the water restoration fund, which will channel environmental fines and penalties collected from the water companies into projects that improve water environment. Further details of the water restoration fund will be announced.

This Government are going further and faster than any Government to protect and enhance the health of our rivers and seas. We expect water companies, including Northumbrian Water, to use the next five-year price review period, PR24, to set bold and ambitious plans to deliver for the people and the environment. That means security of supply, cleaner rivers and beaches, fewer leaks, fewer supply interruptions, greater water resilience—so that we see a fit future for our rivers and coastal environment—and substantial improvements to tackle storm overflows. In turn, this investment will boost economic growth and create more jobs.

[Sir Chris Bryant (Rhondda) (Lab)]

On a point of order, Madam Deputy Speaker.