Oral Answers to Questions

Debate between Theresa Villiers and Kerry McCarthy

Thursday 6th February 2020 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

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

[Theresa Villiers]

We are looking carefully at the issue of rotational burning on blanket bog. We are working closely with land managers to ensure that we see this practice come to an end. We have scrutinised the voluntary mechanisms and in due course we will have to consider whether to legislate in this area.

Leaving the EU: Live Farm Animal Exports

Debate between Theresa Villiers and Kerry McCarthy

Monday 26th February 2018 Westminster Hall

[Kerry McCarthy (Bristol East) (Lab)]

It is always a pleasure to see you in the Chair, Mr Wilson. I thank the Petitions Committee for allowing today’s debate. As has been said, the petition did not quite reach 100,000 signatures—I think there are about 93,000 at the moment, which is a really good effort—but I am very glad that we decided to have the debate anyway. Like the hon. Member for St Austell and Newquay (Steve Double), I pay tribute to Janet Darlison, the creator of the petition, for all her work in promoting it and for creating the momentum that has brought us here today.

When the Minister comes to speak, I hope that we will have a little more clarity on what exactly the Government’s position is, because at the moment that is lacking. I am certainly none the wiser having heard the introductory speech, but it is up to the Minister to say where he wants to take us. In 2012 I spoke about a ban on live exports, and just last year I supported the ten-minute rule Bill in favour of such a ban, so I am glad that we now seem to be a little closer to a ban becoming a reality. However, I feel that there has been some rowing back on some of the pronouncements that were made during the European Union referendum campaign.

For example, the current Foreign Secretary went down to Ramsgate and I thought that he announced in no uncertain terms that there would be a ban on live exports if we left the EU. I know from the emails I have received that there are people who were persuaded to vote leave simply because of that issue. Perhaps those are the sorts of emails I tend to get from people involved in the animal welfare movement. I tried my best to outline some of the reasons why I thought animal welfare might not benefit from Brexit, particularly if we consider the animal welfare and food safety standards that we might be forced to relinquish as part of a trade deal with the United States. However, many people were adamant and were convinced that a live export ban would be delivered almost overnight if we voted to leave.

It is now being said that such a ban is being considered as one of several options as we leave the EU. As the Minister is here today, I will point out that I asked a similar question about foie gras. At the moment, the production of foie gras is banned in this country, on the grounds that we believe it to be cruel, unnatural and something that we should not tolerate here. The line has always been that imports of foie gras cannot be prohibited, because the dastardly EU would not let us ban them. So one might think that, given we have already established our own moral position on this issue here in the UK, once we are free from the clutches of the EU a ban on imports would be the next step. However, the answer I have just received to my written parliamentary question is:

“Leaving the EU and the single market therefore provides an opportunity to consider whether the UK can adopt a different approach in future”.

To me, that sounds like equivocation taken to the nth degree, and I fear that the same might apply to live exports.

It is also somewhat disingenuous to suggest that such a ban on live exports was always on the Government’s wish list and that it just was not possible to achieve until we left the EU. Ministers who argued during the EU referendum campaign that we would get a live exports ban once we left the EU are members of a party and a Government who in 2012 were instrumental in stopping action at EU level—I think it was being led by Germany—that would have limited the journey time for live animals to below eight hours. In most cases that would have been tantamount to a ban on live exports from the UK. However, the UK went along to those discussions and argued against attempts to limit the hours.

I have raised this issue in a number of debates, including the recent debates on the European Union (Withdrawal) Bill, as it seems to me to be representative of the verbal and policy gymnastics that the Government have undertaken since the EU referendum, and nobody has come back to me and said that the UK did not take that stance. So let nobody be under the false illusion that we could not have taken significant action to limit —perhaps not ban, but limit—live transit times.

[Theresa Villiers (Chipping Barnet) (Con)]

I believe that in 1992 it was a Conservative Government who sought to impose import restrictions, but they were challenged and overturned in the European Court of Justice, so this is something that a Conservative Government have tried to tackle in the past.

[Kerry McCarthy]

I am talking about 2012, which is far more recent than that, and as I said the Government went along to the negotiations and were not prepared to take the side of those who were arguing for an eight- hour limit.

It is important that the Government are held to account on what I see as a promise to end the practice of live animal exports that was made during the referendum campaign. That is because—as the petition rightly states, although I do not think we have heard quite enough about it this afternoon—the transport of live animals, no matter what the end result is, whether they are going for slaughter or for fattening up overseas, causes a huge amount of unnecessary suffering.

It is important not to forget the tragedy that jump-started the long-running campaign for a ban, which happened many years ago. In 1996 nearly 70,000 sheep were left to die either from heatstroke, suffocation, burning or drowning, after the ship that was carrying them caught fire in the middle of the Indian ocean. Although, thankfully, an incident on that scale has not happened again, countless animals continue to endure gruelling journeys every year.

In 2012, 40 sheep had to be euthanised after being crammed into a truck, and just last August it was reported that 500 sheep spent four days without any access to food or water while they were being transported to Turkey. Also, many people here will have seen today’s story in The Times about how every year more than 5,000 calves—unweaned and discarded by the dairy industry—are sent on journeys of more than 135 hours from Scotland to Spain. That number had doubled from the previous year; I think the 5,000 figure is from 2016.

European Union (Withdrawal) Bill

Debate between Theresa Villiers and Kerry McCarthy

Committee: 3rd sitting: House of Commons
Tuesday 21st November 2017 Commons Chamber

[Theresa Villiers]

I can assure the hon. Lady that this Government and, I am sure, all successive Governments will remain strongly committed to the Good Friday agreement and to the protection of individual rights. As she will appreciate, of course, the agreement expressly referred to in the Good Friday agreement in relation to human rights is the European convention on human rights. However, I fully understand her point of view on this matter, and it will always be important for us as a Chamber to respect individual rights. The tenet of my speech is that we do not need the charter to enable us to do that. We have extensive legal frameworks available to us as a Parliament, and through our judiciary and legal system, and that will ensure that we properly protect our citizens, whether in Northern Ireland or in the rest of the United Kingdom.

Let me turn to my final reason for concern. I well remember the clarity of former Prime Minister Tony Blair about the fact that the charter would not be given legal force. As far back as 2000, the Prime Minister and the Europe Minister of the day stated that very clearly for the House. In 2003, the Labour Government’s lead negotiator on the convention, Peter Hain, said there was no possibility of the Government agreeing to incorporate the charter. In 2007, Tony Blair told Parliament that we had an opt-out from the charter, and this approach was supported by a number of pro-EU groups, such as the CBI. Even my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) expressed scepticism about the charter and described it as “a needless diversion”.

While the ECJ may since have ruled that the opt-out secured by Mr Blair was nothing of the sort, we now have the opportunity to see those promises fulfilled. We have a long history of protecting the rights of the individual against the arbitrary exercise of power by the state. We have ample means to do that in the future, with hundreds of years of case law and statute establishing strong principles of accountability in our unwritten constitution. We can legislate in the future if we ever find any gaps in our current framework. We do not need the charter to protect our citizens, and I appeal to Members not to accept the amendments being debated today.

[Kerry McCarthy]

It is a pleasure to see you in the Chair, Mr Hanson. I rise to support amendments 101 and 105, tabled in my name. They relate to the debate we had about environmental principles on day two of the Bill’s Committee stage, and particularly about new clauses 60 and 67, and new clause 28, which I also tabled.

As it stands, UK laws that arise from EU laws such as regulations and directives and that do not comply with the general principles of EU law can be challenged and disapplied. Administrative actions taken under EU law must also comply with the general principles. I say that by way of clarification, because I think a lot of people are trying to follow the debates in this Chamber during the Committee stage, and they are perhaps wondering what on earth we are talking about, so I am trying to make things as simple and as clear as possible for the public out there—and perhaps for some of us in the Chamber as well.

That is the situation while we are members of the EU. Post Brexit, though, schedule 1, as I interpret it, places unnecessary and unjustified restrictions on how these principles will be applied. That is what my amendments seek to rectify. Paragraph (2) states that retained principles will be only those that have been recognised or litigated by the Court of Justice of the EU in a case decided before exit day. Only those principles will be retained in domestic law; others will not, even if recognised in treaties. In the debate on day two, the Minister said in response to new clause 28 that this was because we needed a cut-off point and could not have ongoing interpretation of directives that would affect the situation in the UK. However, I would argue that there is still a real lack of clarity, and a danger that if we allow only principles that have been litigated on to apply after exit day, the non-controversial ones that people do not have a problem with will end up falling away, while only the controversial ones are retained. It is also unclear whether these general principles include environmental principles, as the term “general principles” has not been defined by the ECJ or by the treaties. If environmental principles are not explicitly recognised as general principles, they could be lost entirely. I hope that the Minister can give us a bit of clarity on that.

Paragraph 3 of schedule 1 explicitly limits the legal remedies available when general principles are contravened. Under this paragraph, UK courts will no longer have the power to disapply domestic legislation on the grounds that it conflicts with these general principles. They could only be used like the pre-exit case law of the CJEU to inform the interpretation by UK courts of retained EU law. Paragraph 3(2) therefore appears to narrow the scope for judicial review that currently exists. In the previous debate, some of my colleagues argued very eloquently as to the importance of judicial review in environmental cases but also highlighted the fact that it is often inadequate, and increasingly so, given the cap that is imposed. Paragraph 3(2) would further narrow the scope of judicial review and make it harder for the public to hold the Government to account. As discussed last week, it is vital that the courts are able to enforce the environmental principles.

Amendments 101 and 105 speak to those points. Amendment 101 clarifies that all existing principles of EU law will be retained in domestic law, whether they originate in the case law of the European Court, EU treaties, direct EU legislation or EU directives. It also makes it clear that the key environmental law principles in article 191 of the Lisbon treaty are retained. Amendment 101 therefore expands the meaning of general principles to specifically include the environmental principles. Following on from that, amendment 105 seeks to retain the right of action in domestic law for the public to hold the Government to account for their breaches of the principles.

I know that the Government are proposing an environmental principles policy. I have lots of questions about how that would operate—whether it would be on a statutory footing and so on—but at this stage I ask the Minister to confirm whether they will publish at least an outline version of what that principles policy would look like while there is still time to consider it and its implications for this Bill. So far in Committee, Ministers have been very fond of asking us to take their word for it, but I am simply not prepared to do that: I want to see what these policies would look like.

Will the Minister also explain the Government’s objection to the idea of having internationally recognised principles of environmental law enshrined in UK statute? The Government could include the basic principles in UK law by accepting my amendments. Not least, that would provide us with much needed reassurance that the Environment Secretary will win out against the International Trade Secretary in ensuring that future trade deals with countries such as the US will not lead to imports of chlorine-washed chicken and hormone-pumped beef on our shelves. The Environment Secretary has encouragingly said that the UK should say no to chlorine-washed chicken from the US and that we are

“not going to dilute our high food-safety standards or our high environmental standards in pursuit of any trade deal”.

But as was pointed out during last week’s debate, the environmental principles set out in the EU treaties have been instrumental in decisions such as the EU ban on imports of hormone-fed beef, the moratorium on neonicotinoid pesticides, and the control of the release of genetically modified organisms in the EU.

The debate on day two saw a degree of political consensus emerging around the value of environmental principles such as the precautionary principle, as well as in other areas, particularly the Environment Secretary’s mooted plan for a new independent body to hold the Government to account. I hope that when we consider the governance gap on a future day, we will hear more about his plans for that body. I think we also got confirmation from the Environment Secretary, although it was only a nod from a sedentary position, that he intended to follow the Environmental Audit Committee’s recommendation and introduce an environmental protection Act. I hope that we will hear more about that and the timetable for it. I understand that the much delayed 25-year environment plan may be with us in the first quarter of next year, a fisheries Bill is coming from the Department for Environment, Food and Rural Affairs and the agriculture Bill is due, I think, after the summer recess. If the Government are going to introduce an environmental protection Act before exit day, they will have their work cut out for them. I would be grateful to hear a bit more about that.

Oral Answers to Questions

Debate between Theresa Villiers and Kerry McCarthy

Wednesday 11th March 2015 Commons Chamber

[Mrs Villiers]

Up until Monday, I would have said the Stormont House agreement. I think that is still the greatest thing that I have contributed to and it is still on the road. We have had a bump on the road, but the Stormont House agreement will carry on. The other thing of which I am proud is the progress that we have made towards devolution of corporation tax. I do not want to see that thrown off course by events that have taken place this week.

[Kerry McCarthy (Bristol East) (Lab)]

5. What further steps the Government plan to take to resolve outstanding issues relating to flags and parades.

[Rosie Cooper (West Lancashire) (Lab)]

9. What further steps the Government plan to take to resolve outstanding issues relating to flags and parades.

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

The Stormont House agreement identified a clear way forward on parades and flags. [Interruption.] The Government will continue to work with the five parties in the Executive on the implementation of all the provisions of the agreement, including on these issues. [Interruption.]

[Kerry McCarthy]

I thank the Secretary of State for that answer, although I must admit I had trouble hearing it. Unrest around the parades has an unsettling impact on the community, on local businesses and on tourism. What steps are the Government taking this year to try to ensure a peaceful parade season?