Environment Bill

Ruth Jones Excerpts

Report stage & Report stage: House of Commons
Tuesday 26th January 2021 Commons Chamber

Brought up, and read the First time.

[Ruth Jones (Newport West) (Lab)]

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

[Madam Deputy Speaker (Dame Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 10—Environmental impact of nappy waste—

“(1) Schedule [Environmental impact of nappy waste] confers powers on the relevant national authority to make regulations about environmental standards for nappies.

(2) The relevant national authority means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers or the Secretary of State;

(c) in relation to Scotland, the Scottish Ministers or the Secretary of State;

(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland or the Secretary of State.

(3) Regulations are subjective to the negative procedure.”

The new clause enables the addition of NS1 which is intended to reduce the impact on the environment of disposable nappies, and has been adapted from a Private Member’s Bill (Bill 299) on this matter.

New schedule 1—Environmental impact of nappy waste—

“Nappy waste impact reduction schemes

1 The relevant national authority must by regulations establish schemes to reduce the impact of nappies on the environment by—

(a) defining the characteristics required for a nappy to meet environmental standards;

(b) promoting nappies which meet environmental standards; and

(c) reporting on the steps taken to encourage local authorities to promote reuseable nappies and reduce nappy waste.

Environmental standards

2 (1) The relevant national authority must by regulations establish environmental standards for nappies.

(2) The standards must define the characteristics required for a nappy to be traded, advertised or promoted as—

(a) “reusable”;

(b) “biodegradable”;

(c) “eco-friendly”;

(d) “environmentally friendly”; and

(e) other such similar terms as may be defined in the standards.

(3) The regulations may provide for nappies or the packaging in which they are contained to bear a mark signifying that they meet the environmental standards.

(4) The trading, advertising or promotion of a nappy is an unfair commercial practice for the purposes of the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277) if—

(a) that nappy is described using a term used in sub-sub-paragraphs (2)(a) to (d) or a similar term defined in regulations under sub-paragraph (1) but does not meet the relevant standards, or

(b) that nappy or its packaging bears the mark in sub-paragraph (3) but does not meet the relevant standards.

Promotion of nappies that meet environmental standards

3 (1) The relevant national authority must by regulations establish a scheme to promote nappies that meet the environmental standards in paragraph 2.

(2) The scheme must be a collaboration between public bodies and the nappy industry.

(3) The Secretary of State may by regulations make provision for a levy to be paid by persons who manufacture or trade in nappies for the purpose of meeting the operating expenses of the scheme.

(4) The scheme must provide public information on—

(a) the effects of disposable nappies on the environment;

(b) the financial advantages of reusable nappies for families and local authorities; and

(c) other advantages of nappies that meet the standards in paragraph 2.

Local authority reusable nappy schemes

4 (1) The relevant national authority must prepare a report on steps that will be taken to encourage local authorities to operate schemes to—

(a) promote the use of reusable nappies, and

(b) reduce nappy waste.

(2) In preparing that report, the relevant national authority must consult—

(a) operators of existing reusable nappy schemes,

(b) local authorities involved in those schemes,

(c) parents who have participated in such schemes,

(d) manufacturers of reusable nappies.

(3) The report must be laid—

(a) in relation to England, before Parliament;

(b) in relation to Wales, in Senedd Cymru;

(c) in relation to Scotland, in the Scottish Parliament; and

(d) in relation to Northern Ireland, in the Northern Ireland Assembly; or in Parliament;

within six months of this section coming into force.”

This new schedule brings into the Bill the provisions of the Private Member’s Bill on Nappies (Environmental Standards) Bill (Bill 299) in order to define environmental standards for nappies, promote nappies that meet the standards, and report on local authority schemes to promote reuseable nappies and reduce nappy waste.

Government amendments 32 to 35.

New clause 6—Clean Air Duty—

“(1) The Secretary of State must prepare and publish an annual policy statement setting out how the Government is working to improve air quality, and must lay a copy of the report before Parliament.

(2) The annual policy statement in subsection (1) must include—

(a) how public authorities are improving air quality, including indoor air quality; and

(b) how Government departments are working together to improve air quality, including indoor air quality.

(3) A Minister of the Crown must, not later than three months after the report has been laid before Parliament, table a motion in the House of Commons in relation to the report.”

This new clause requires the Secretary of State to publish an annual report on air quality, which includes indoor air quality and the work of public authorities and Government departments working together to improve it.

New clause 13—Air quality in rural areas: application of pesticides—

“(1) For the purposes of improving air quality and protecting human health and the environment in rural areas, the Secretary of State must by regulations make provision prohibiting the application of pesticides for the purposes of agriculture or horticulture near—

(a) buildings used for human habitation; and

(b) public or private buildings and associated open spaces where members of the public may be present, including but not limited to—

(i) schools and childcare nurseries;

(ii) hospitals and health care facilities.

(2) Regulations under subsection (1) must specify a minimum distance from any of the locations listed under subsection (1)(a) and (b) to be maintained during the application of any pesticide.

(3) In determining the distance in subsection (2), the Secretary of State must be guided by the optimum distance that would make significant difference in air quality for people using the locations listed in subsection (1).

(4) In this section “public building” includes any building used for the purposes of education.

(5) Regulations under this section are subject to affirmative resolution procedure.”

This new clause would require the Secretary of State to make regulations to prohibit the application and pollution of chemical pesticides near buildings and spaces used by residents and members of the public, with the aim of improving air quality and protecting human health and the environment in rural areas.

Government amendment 7.

New clause 3—Phosphates Levels—

“In making decisions on planning decisions, the competent authority can disregard any impact of the potential build and its long-term consequences on the level of phosphates in the water.”

Amendment 42, in clause 78, page 71, line 16, after “licensee”, insert—

“or risk management authority, where risk management authority has the same meaning as in Part 1 Section 6 of the Flood and Water Management Act 2010,”.

The amendment seeks to deliver the National Infrastructure Commission’s recommendation that water companies and local authorities should publish plans to manage surface water flood risk (e.g. from roads).

Amendment 3, in clause 82, page 79, line 22, after “damage” insert—

“, including damage from low flows”.

Amendment 30, in clause 82, page 80, line 26, at end insert—

“(4) The Secretary of State must prepare an annual report on water abstraction management.

(5) The annual report must—

(a) include data for the period covered on the volume of water in England—

(i) licensed for abstraction, and

(ii) abstracted.

(b) state whether the natural environment of these water sources has, or particular aspects of it have, improved during that period based on the data, and

(c) assess the impact of water abstraction in that period on the natural environment of chalk streams.

(6) The first annual report on water abstraction may relate to any 12 month period that includes the day on which this section comes into force.

(7) The annual report must be published and laid before Parliament within 4 months of the last day of the period to which the report relates.”

The purpose of this amendment is to monitor more closely the environmental impact of water abstraction on chalk streams with annual reporting.

Government amendment 8.

New clause 18—REACH Regulation and animal testing—

“(1) The Secretary of State must by regulations set targets for—

(a) the replacement of types of tests on animals conducted to protect human health and the environment within the scope of the REACH Regulation, and

(b) the reduction pending replacement of the numbers of animals used and the suffering they endure.

(2) A target under this section to reduce the suffering of animals must specify—

(a) a standard to be achieved, which must be capable of being objectively measured, and

(b) a date by which it is to be achieved.

(3) Regulations under this section may make provision about how a target that has been set is to be measured.

(4) A target under this section is initially set when the regulations setting it come into force.”

This new clause would require the Secretary of State to set targets for the reduction and replacement of animal testing for the purposes of chemicals regulation.

Amendment 24, in schedule 20, page 244, line 19, at end insert—

“(1A) Regulations made under this paragraph must not regress upon the protections or standards of any Article or Annex of the REACH Regulation.

(1B) Subject to sub-paragraph (1A), the Secretary of State—

(a) must make regulations under this paragraph to maintain, and

(b) may make regulations under this paragraph to exceed parity of all protections and standards of chemical regulation with any new or amended regulations of the European Parliament and of the Council concerning the regulation of chemicals.”

This amendment would set a minimum of protections under REACH and remove the possibility that a Secretary of State might lower standards than are in place currently, whilst reserving the right for them to set higher standards should they choose.

[Ruth Jones]

As my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) said in his remarks on the first group of amendments, this Bill has been a long time coming. I am delighted that the Bill is back before the House, but—and there is a “but”—the Minister and her colleagues have lengthened its passage even further by throwing day two of the Report stage into the long, long grass. Considering that the Bill became known as the missing in action Bill after it disappeared for more than 200 days before the Committee stage, that is not a good sign.

New clause 8 holds a key role in the priorities of Her Majesty’s Opposition with regard to this Bill and the important task of taking whatever steps are necessary in the fight to preserve our planet and protect our environment. The new clause requires the Secretary of State to take account of the waste hierarchy, starting with the priority action of prevention. A few weeks ago, my hon. Friend the Member for Cambridge (Daniel Zeichner) filled in for me as shadow Minister at a Westminster Hall debate called by the hon. Member for Carshalton and Wallington (Elliot Colburn). In his remarks, my hon. Friend was very clear that the collective task of tackling waste, improving recycling rates and taking the steps needed to protect our environment and preserve our planet is one that we need to do together—all of us. In his conclusion, the hon. Member for Carshalton and Wallington pressed the point about the need to look further at the waste hierarchy in dealing with waste. I agree with him. I look forward to him supporting new clause 8 in the Lobby tonight, and I hope he will bring some of his hon. Friends with him.

This Bill does not go far enough, and it did not have to be this way. Over the past two decades, the household waste recycling rate in England has increased significantly from just 11.2% to almost 50%. I am pleased that for half of that time a Labour Government ambitiously pushed for a change of behaviour and real action on the green agenda. However, England still falls far short of the EU target of recycling a minimum of 50% of household waste by 2020. Our departure from the EU does not mean that we should shift gear or slow down. We need to go further and faster.

As of 2018, Wales is the only nation in the UK to reach the target. In 2017, it recorded a recycling rate of 64%. Wales is recognised as third in Europe and fourth in the world in the recycling league championship. As the Member for Newport West in this House, I pay tribute to the Welsh Labour Government, particularly my right hon. Friend the First Minister and the Environment Minister, Lesley Griffiths.

--- Later in debate ---

[Rebecca Pow]

Thank you, Madam Deputy Speaker; I shall slow down a tiny bit, then.

I did just want to say a little more in response to my hon. Friend the Member for Broxbourne. I talked about the sewerage management plans, which are now going to be requirements, and said that I would use the powers of direction in the Bill if water companies were not using those properly. Section 13(1) of the Flood and Water Management Act 2010 already requires risk management authorities to co-operate with one another when exercising prescribed functions, but I intend to expand those functions to include the preparation of a drainage and sewerage management plan.

I hope that demonstrates that I and this Government, and DEFRA in particular, are putting this whole issue of dealing with our water right up there, centre stage. It is so important to all of us that we sort our water out, and it is thanks to so many colleagues—my hon. Friend the Member for Broxbourne and others who have spoken—that we are taking this really seriously. I hope that everyone will be supportive of that, including my Labour shadow colleagues.

Let me go back to REACH very quickly. I said that we had included safeguards to protect the fundamental principles of REACH, which is schedule 20. That includes ensuring a high level of protection for human health and the environment, and replacing substances of very high concern, such as cancer-causing chromium compounds, through the REACH authorisation process. As I said, we cannot agree to proposed new sub-paragraph (1B), which would force us to follow what the EU does instead of having ownership of our own laws. We would have to make decisions and regulations with no regard to our own scientific evidence. We have no plans at all to diverge from EU REACH for the sake of it. I hope the shadow Minister was listening to that, because she particularly raised it. Protecting the environment and human health is paramount, and the UK will retain the fundamental approaches and key principles of EU REACH.

I really will wind up now, Madam Deputy Speaker, and thank you for your time. It has been an honour to preside over the passage of this Bill. It has been long, and it still continues, but all the better. It charts a new and much-needed exciting and ambitious course for us all on the environment, and it will leave it in a better state than we found it. I want to thank all colleagues on both sides of the House who have taken part in this, helping to drive us all towards a fairer, greener future. I want to thank my Bill team. I probably do not have time to name them all, but I named them in Committee. I thank my private office, all Members who sat on the Public Bill Committee, my long-suffering family and my husband Charles, who I hope is watching me from up there.

As Members of the House are aware, the immense pressure put on the parliamentary timetable by the covid pandemic means that the Bill will sadly need to be carried over to the second Session. As I stated at the start, we will be back. I give an assurance that this carry-over will in no way reduce our commitment on the environment. Intensive work relating to measures in the Bill is already under way and will continue. One of the reasons I came to Parliament was to work to put the environment centre stage, helping to steer us to an essential sustainable trajectory for the planet. It is the right thing to do, and we are doing it.

[Ruth Jones]

I thank the Minister for her wide-ranging thanks and comments, but I have to say that we will be doing it all again in May, because this is only day one, and we have day two to go. Hopefully, the Bill will eventually become law, which will be really good, because that is the whole point of this.

Our amendments would make an average Bill better, but as the hon. Member for Bromley and Chislehurst (Sir Robert Neill) said, we want the Bill to go further. Labour wants to seize the opportunity before us to develop a genuinely once-in-a-generation Bill, in the words of the Minister. Changing explanatory notes about the Bill is all very well, but it does not change the legislation. If it is that important, we should put it in the Bill.

The Minister touched on the deposit scheme, as requested, but we do not want to focus on consultation; we want a proper scheme delivered at the earliest opportunity. On air quality, it is vital that we act and act now. One Government Back Bencher noted that the World Health Organisation knows best, and I urge the Minister to take heed of that piece of advice. I am grateful to my right hon. Friend the Member for Hayes and Harlington (John McDonnell) for sharing the experiences of his constituents who live in, as he put it, a “pollution blizzard”. I am also grateful to my hon. Friends the Members for Ealing, Southall (Mr Sharma) and for Canterbury (Rosie Duffield) for their moving and important speeches on new clause 6, on air quality. They both mentioned the lost life of Ella Kissi-Debrah—a name we must never forget.

The Minister is right: we all want strong, effective management of our water; we want clean water; and we want to mitigate the impact of hazardous waste in our waters. I am pleased that the Chair of the Environmental Audit Committee, the right hon. Member for Ludlow (Philip Dunne), spoke earlier in the debate. He knows from the shadow Minister for water, my hon. Friend the Member for Barnsley East (Stephanie Peacock), that Her Majesty’s Opposition support his private Member’s Bill. Water quality is so important. That is why, when preparing for the debate, I was shocked to find that in Camborne and Redruth—the Secretary of State’s seat—all 10 rivers that pass through the constituency have failed to meet the standards of chemical pollution set by the Environment Agency. Simply put, the Government’s inaction has seen contaminated water not just across the country but in the Secretary of State’s own backyard. I hope that that will focus the Minister’s mind.

I join my good friend, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), in praising Friends of the Earth Pontypridd for its campaigning work on water, and I praise her work on nappies too. I thank my hon. Friends the Members for Putney (Fleur Anderson) and for Luton South (Rachel Hopkins) for their enthusiastic contributions. The vital nature of science and its purpose was highlighted by my hon. Friend the Member for Huddersfield (Mr Sheerman), who spoke about his many decades of fighting to protect our environment and preserve our planet; he is right. The Chairman of the Environment, Food and Rural Affairs Committee, the hon. Member for Tiverton and Honiton (Neil Parish), made an important contribution in which he spoke to both his amendment and ours, and I thank him for the cross-party approach he has taken to these issues.

On waste, the Minister heard the message loud and clear from colleagues, and a special mention goes to my hon. Friend the Member for Bristol East (Kerry McCarthy) for her years of campaigning. The Minister could quite easily accept new clause 8 and show that a cross-party approach is welcomed by Tory Ministers.

Amendment 24, which we will push to a vote, would ensure that Britain does not become a dumping ground for hazardous waste. It would prevent damaging deregulation and help to maintain regulatory parity with EU REACH and chemical-related laws that would prevent the dumping of products on the UK market that fail to meet the EU regulations and avoid the cost and complexity of regulatory divergence on the industry. Our objective is clear, and I hope that the Minister will support our amendment tonight. The need to do whatever we can to preserve our environment and protect our planet is obvious, so I hope that she will join us in doing just that.

We wish to push amendment 24 to a vote, Mr Deputy Speaker, but, with the leave of the House, I beg to ask leave to withdraw the motion.

Motion, by leave, withdrawn.

Clause 59

Hazardous waste: England and Wales

Amendments made: 32, page 46, line 39, leave out “Before section 62A” and insert “After section 62”.

This amendment changes the way in which the location of new section 62ZA of the Environmental Protection Act 1990 is identified. It is currently inserted before section 62A of the 1990 Act, which is repealed by the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020.

Amendment 33, page 48, line 45, leave out from beginning to first “the” in line 13 on page 49 and insert—

‘(8A) In the application of this Part to England, “hazardous waste” means—

(a) any waste identified as hazardous waste in—

(i) the waste list as it applies in relation to England, or

(ii) regulations made by the Secretary of State under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and

(b) any other waste that is treated as hazardous waste for the purposes of—

(i) regulations made by the Secretary of State under section 62ZA, or

(ii) the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894).

(8B) In the application of this Part to Wales, “hazardous waste” means—

(a) any waste identified as hazardous waste in—

(i) the waste list as it applies in relation to Wales, or

(ii) regulations made by the Welsh Ministers under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and

(b) any other waste that is treated as hazardous waste for the purposes of—

(i) regulations made by the Welsh Ministers under section 62ZA, or

(ii) the Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806).

(8C) In subsections (8A) and (8B),’.

This amendment updates the definitions of hazardous waste being inserted into Part 2 of the Environmental Protection Act 1990 to take account of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020.

Amendment 34, page 49, line 18, leave out from “(2000/532/EC)” to end of line 19.—(Rebecca Pow.)

This amendment is consequential on Amendment 33.

Clause 62

Regulations under the Environmental Protection Act 1990

Amendment made: 35, page 55, line 33, leave out subsection (4).—(Rebecca Pow.)

This amendment omits an amendment to section 62A of the Environmental Protection Act 1990, which is no longer needed because section 62A is repealed by the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020.

Clause 73

Environmental recall of motor vehicles etc

Amendment made: 7, page 63, line 18, at end insert—

“and the regulations may provide that a reference in the regulations to a standard is to be construed as a reference to that standard as it has effect from time to time.”—(Rebecca Pow.)

This amendment provides that regulations under Clause 73 specifying relevant environmental standards may specify standards as they have effect from time to time. This power to make ambulatory references will avoid the need to amend the regulations each time standards are updated.

Clause 91

Disclosure of Revenue and Customs information

Amendment made: 8, page 91, line 31, leave out

“section 154(1) of the Criminal Justice Act 2003”

and insert

“paragraph 24(2) of Schedule 22 to the Sentencing Act 2020”.—(Rebecca Pow.)

Section 154(1) of the Criminal Justice Act 2003 has been replaced by paragraph 24(2) of Schedule 22 to the Sentencing Act 2020. This amendment updates the cross-reference in consequence.

Schedule 20

Amendment of REACH legislation

Amendment proposed: 24, page 244, line 19, at end insert—

‘(1A) Regulations made under this paragraph must not regress upon the protections or standards of any Article or Annex of the REACH Regulation.

(1B) Subject to sub-paragraph (1A), the Secretary of State—

(a) must make regulations under this paragraph to maintain, and

(b) may make regulations under this paragraph to exceed

     parity of all protections and standards of chemical regulation with any new or amended regulations of the European Parliament and of the Council concerning the regulation of chemicals.’ —(Ruth Jones.)

This amendment would set a minimum of protections under REACH and remove the possibility that a Secretary of State might lower standards than are in place currently, whilst reserving the right for them to set higher standards should they choose.