Draft Environmental Permitting (England and Wales) (Amendment) Regulations 2018

Thérèse Coffey Excerpts

Monday 22nd January 2018 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I beg to move,

That the Committee has considered the draft Environmental Permitting (England and Wales) (Amendment) Regulations 2018.

It is a pleasure to serve under your chairmanship, Mr McCabe.

There have been considerable improvements to air quality in recent decades, but we want and need to do more, particularly to bring nitrogen dioxide concentrations to within statutory limits. While actions from the 2017 air quality plan to tackle roadside concentrations are put into effect, we also need to look to other sectors to reduce air pollution, including the energy generation sector.

Through the regulations, we are addressing three matters. First, we will reduce emissions from medium combustion plants and generators, giving effect to the medium combustion plants directive, and going beyond what was agreed by us and other EU nations by introducing emission controls on highly polluting generators.

Secondly, the regulations allow fairer and more proportionate enforcement proceedings related to flooding. Following this amendment, if a landowner damages a river bank while undertaking works, the Environment Agency could accept an offer from them to repair the damage and ensure it does not happen again, rather than prosecuting them. This will reduce costs and speed up the process for businesses, farmers, the court system and the Environment Agency.

Thirdly, the regulations will help us to meet the legally binding limits we agreed through the ambient air quality directive and the agreed statutory targets in the revised national emissions ceilings directive. We estimate that the regulations alone will deliver 43% of the sulphur dioxide emissions reduction, 22% of the nitrogen oxides emissions reduction, and 9% of the reduction in particulate matter needed to meet our 2030 targets.

Medium combustion plants are commonly used to generate heat in hospitals, hotels, offices, prisons and other large buildings, as well as in industrial processes and power generation. The regulations will require new medium combustion plants to reduce emissions from 20 December 2018, and existing medium combustion plants to come within the permitting regime from 2024 or 2029—the deadline will depend on the size of the plant; larger plants must comply sooner than smaller plants.

However, the medium combustion plants directive does not sufficiently tackle pollution from small-scale, flexible generators, which can be highly polluting, and which have proliferated in recent years. That is why we are taking a tougher stance than required under the directive, and will tackle pollution from diesel generators, which emit on average six times the nitrogen oxides emitted by gas-powered engines. The regulations will require generators to be permitted and to meet a nitrogen oxides emission limit. New generators will need to comply from 1 January 2019. Existing generators and those providing certain services to National Grid will need to comply from a later date, depending on their size, emissions, operating hours and the duration of their agreements with National Grid.

We have gone further than the directive by requiring generators to reduce their emissions irrespective of the number of hours for which they operate; by ensuring that the most polluting generators comply with conditions necessary to protect local air quality from 1 October 2019, irrespective of whether they are classed as existing or new; and by taking a tougher stance on the conditions that must be met in order to benefit from transitional arrangements, and to keep those transitional arrangements. As a result, we will significantly improve the quality of the air we breathe.

I hope the Committee is unified. We believe that the draft regulations will deliver positive environmental benefits, and are a further demonstration of our commitment to improving air quality in this country. I commend them to the Committee.

--- Later in debate ---

[Dr Coffey]

I welcome the hon. Lady’s support for what we are doing, and her questions. First, on flood risk, we needed to add certain provisions under section 61 of the Water Act 2014 to the schedule, and this only came into force in April, so we have been looking for an opportunity to present this. On how this activity will be undertaken, from my experience of working with the Environment Agency and landowners, these things are normally quite harmonious, but the Environment Agency would like these extra powers so that if things go wrong, it does not have to build a whole case and take it through to criminal proceedings. It is important that we have a good relationship with our businesses and farmers who undertake these activities, and that they are encouraged and motivated to do the right thing.

I am not aware of specific issues with regard to the impact assessment. I understand that the regulations are not considered to have a particular impact on businesses, but where there has been the odd example of an issue, the regulations will allow the Environment Agency to take appropriate, proportionate action more quickly.

I recognise what the hon. Lady says, and that is why is we are taking action to accelerate work on tackling air pollution from diesel generators. More than once, dare I say it, Governments have focused on a matter—prioritised tackling carbon, say—without necessarily fully considering or knowing about air quality issues. I recognise what she says, and that is why I am pleased that we have taken this action.

On the transition time, the long implementation period is justified because of the very large number of plants in scope. Many operators of these plants will not have previously been part of the environmental permitting regime. In effect, we are talking about raising awareness and getting people to make changes. We are talking about hospitals and schools, which will not be able to switch over suddenly. We believe that instead of seeing retrofitting, which is perhaps the quickest way to tackle some of these challenges, we will start to see wholesale plant replacement, and people will be able to deliver investment cases.

I recognise what the hon. Lady says on other issues, including compliance and bringing down sulphur dioxide, particulate matter and nitrogen oxide emissions. She will recognise that we are in contravention of one measure of NOx, and that is on roadside concentration limits. We are within statutory limits in all the other areas that she mentions. That said, she and I, and the House, are keen to ensure that where possible, we do things to improve, and alleviate the challenges of, air pollution, especially in situations like the present one, where we know that people can take abatement measures on existing equipment, or where we can provide an incentive to move to new equipment more quickly.

Do the regulations go far enough? We think that they do, and that they are proportionate. The hon. Lady asked whether things could move more quickly; I hope that I have explained why we think this is the appropriate pace. Back-up generators used to generate electricity for the National Grid fall under these controls where used only for genuine testing of up to 50 hours; at that point, there may be some exemptions. The industry has challenged us on why we are accelerating this transition. We are determined to take action, and that is why we are happy to stand up to those people who would like us to have an even longer arrangement, or to not have the transition. I am confident that if the regulations are agreed by this Committee, the House will wholeheartedly support the regulations tomorrow, as the Lords did. I expect them to be agreed in Wales tomorrow, too.

Question put and agreed to.

Forestry in England

Thérèse Coffey Excerpts

Thursday 11th January 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

It is a pleasure to serve under your chairmanship, Mr Davies. I congratulate my hon. Friend the Member for Tiverton and Honiton (Neil Parish) on securing this debate on forestry, and I thank his Committee for producing its report. Hon. Members will have seen our formal response and our exchange of correspondence with the Committee. I welcome this debate, which is extremely timely, particularly given that the 25-year environment plan was published today. We are moving forward and developing a long-term vision for the environment. Today, the Prime Minister launched our landmark 25-year plan, which sets out how we will improve the environment over a generation. I was very pleased to be reappointed Environment Minister to see some of it through and I thank hon. Members for their kind words.

The much-said mantra “the right tree in the right place” can serve multiple benefits, as has been illustrated today. Forestry and woodland creation, and its sustainable management, offer a wide range of economic, social and environmental benefits, including landscape scale habitats for wildlife, increased biodiversity and reduced flood risk. Indeed, we are spending £15 million on more natural flood management schemes to understand better and more systematically how things such as different ways of planting trees can make life better. They also contribute to improved soil, better water quality, the personal enjoyment of nature and, as has been pointed out several times, the supply of timber.

Well-managed trees, woodlands and forests have a role in the countryside and the urban environment, which is why it is so disappointing that certain councils seem hellbent on removing trees from city streets. I am sure my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) is keen to ensure the Mayor of London keeps his pre-election pledge to plant 2 million trees in London. We are still working on our plans to help more councils plant trees to meet our 1 million tree target. They will be supported with an advice pack about the best kind of species and cultivars, which will contain guidance on different methods of tree surgery, which the hon. Member for Stroud (Dr Drew) talked about. We know that there is excellent practice in local government already, and we want to ensure it is as widely known as possible.

To reassure the hon. Member for Penistone and Stocksbridge (Angela Smith), we remain committed to our ambition to plant at least 11 million trees during this Parliament and a further 1 million trees in urban areas.

[Angela Smith]

The original target was 2020, but this Parliament goes on until 2022. Which is the relevant date?

[Dr Coffey]

I am pleased to say that we made that pledge in 2015, which naturally would take us to 2020. We restated the pledge in 2017, so we have restarted the clock. It will be a further 11 million trees by 2022—in this Parliament. I believe we will do that comfortably, not least because HS2 Ltd is setting aside money, £5 million, for schemes and will plant trees over the next few years, so I am confident that we will go past that target. In this debate, we are focusing on the schemes relating to DEFRA, which is where I intend to focus my attention.

We want England to benefit from significantly increased woodland cover by 2060, which is why we stand by our shared aspiration to achieve 12% woodland cover. We will achieve that only through a mix of private and public investment. I reiterate that it is a key part of the Government’s clean growth strategy, which identified the milestone of an extra 130,000 hectares to be planted by 2032.

I recognise the slow start of take-up of the countryside stewardship scheme and the woodland carbon fund. However, we have made a number of changes, partly driven by our review. I am confident that by focusing our efforts and making these changes, we will see an increase in tree planting.

[Chris Davies]

I was delighted to see in the 25-year plan, which was released this morning, that there will be a national tree champion. How will the national tree champion fit in to DEFRA, and what will their role be?

[Dr Coffey]

The hon. Member for Penistone and Stocksbridge asked that question, too. The tree champion will help to co-ordinate activity. This is about having trees in the right place. I see them very much as an ally in ensuring we pull together the different stakeholders. They will also be a champion for urban trees and will ensure the trees we have stay in the ground, particularly in our urban environment. We are making progress in a variety of ways, and the tree champion will be a key part of that.

[Angela Smith]

Will the Minister give way?

[Dr Coffey]

I want to make some progress, because I have plenty to say.

To return to the different schemes, I had the pleasure of visiting the Lowther estate last month and planting the first of 213,000 trees this winter. That has been funded through the countryside stewardship scheme. I was shown its plans for future woodland schemes for a rich mix of broadleaf corridors and softwood plantations that together will provide commercial forestry as well as huge benefits for wildlife. That was truly impressive.

I was delighted that the largest forest to be planted in more than 30 years finally got the green light. The first of more than 600,000 trees will be planted this March at Doddington North moor. That 350-hectare forest will store 120,000 tonnes of carbon, help to manage flood risk, boost timber industry businesses and jobs, and help red squirrel populations. That was funded through the woodland carbon fund.

Most recently of all, as already alluded to, I know that hon. Members are applauding the launch of the northern forest. We expect 50 million trees to be planted for communities along the M62 corridor—truly a green heart, or ribbon, for the northern powerhouse. That long-term project is led by our friends at the Woodland Trust and England’s Community Forests, and we are kick-starting it with DEFRA funding to accelerate this ambitious project. I understand that our partners have already managed to secure extra funding from the Heritage Lottery Fund, and I am confident that over the timeline of the project, given their successful track record—which is why we are partnering with them to achieve it—they will be able to take advantage of not only corporate funding but development schemes that attract other kinds of Government funding.

We have continued to work with the industry and reviewed the schemes that we have in place to encourage more planting. In taking a number of steps to remove barriers that were discouraging applications for funding to support tree planting, we have made internal changes to improve operational processing. For example, the country has been mapped by the Forestry Commission, which has worked with Natural England to identify appropriate areas for significant afforestation. The commission is also working with National Parks to identify suitable planting areas, and I am looking forward to visiting the South Downs tomorrow to discuss that further.

We have raised the environmental impact assessment threshold for afforestation to 50 hectares in mapped low-risk areas, with full prior notification of relevant details required below that threshold to ensure that we maintain the environmental protection. The Forestry Commission has also set up a large-scale woodland creation unit to support the development of projects by directly influencing landowners. I am grateful to the chair of the Forestry Commission, Sir Harry Studholme, for stepping up his efforts. With him, I will be meeting landowners and estate managers later this month.

Informed by the review, we improved the application forms for the countryside stewardship scheme for 2018 and released guidance three months earlier than in the previous year, in effect significantly extending the application window, which opened last week. The woodland carbon fund, the aim of which is to provide larger forests—to recognise the point made by the hon. Member for Ipswich (Sandy Martin)—is a one-stop shop process administered by the Forestry Commission. Again, we have made significant changes, including lowering the planting threshold to 10 hectares, providing funding for forest roads and making a second-stage payment five years after planting. We have now received two more applications and I am aware of another 10 that are to be submitted.

My right hon. Friend the Member for Chipping Barnet talked about the domestic carbon market and, as was highlighted in the clean growth strategy, we wish to establish that. That is my intention. The industry says that it needs more confidence that the planting rates are getting under way before we can establish something that is financially resilient, but I am confident that we can achieve that.

On there being two schemes, we are keeping both because they have different objectives. The countryside stewardship objectives include improvements in biodiversity and habitat, flood mitigation and water quality, while the woodland carbon fund focuses on largescale carbon capture. In both cases the UK forestry standard is the guideline on the mix of planting, which does not predefine the split of species, but diversification of planting, as we have heard, helps to improve woodland resilience and protects future supplies of timber, biomass and other benefits.

We are also considering future schemes carefully. I have previously challenged the sector on improving the quality of woodland creation plans so that they clearly satisfy the expectations of the UK forestry standard. I am pleased that the Forestry Commission, the Institute of Chartered Foresters and key forestry stakeholders are working together to develop support tools, training and communications to upskill all parties involved in the design, assessment and delivery of forestry proposals. Some of the most recent woodland creation planning grant applications have shown a high quality of design planning and are being used as exemplars to guide future applicants.

On active management, which has been discussed extensively today, we know that improving markets for hardwood timber will bring more undermanaged woodlands into production. This year we will continue to promote the market opportunities for timber. Our work with the ICF and other organisations to improve the quality of plans and the way in which we process them will reduce the time taken to get the management plans in place. We do not only support new planting. We offer options through countryside stewardship to support the active management of the woodlands we already have. Since 2016 we have had nearly 600 woodland management applications, which would support more than 44,520 hectares, bringing them back into active management.

On ancient woodland, my officials have met the Woodland Trust and other groups to discuss how best to prevent the loss of such woodland. We recognise its importance and that is why ancient woodland enjoys the special protection that will be further enhanced in the updated national planning policy framework. That said, our records show that there are 340,000 hectares of ancient woodland, which is 26% of total woodland area, and that between 2006 and 2015 just 57 hectares, or 0.02% of the overall ancient woodland area, were lost permanently to other land uses. We are exploring the opportunities for better recording the loss of ancient woodland, including the potential for updating the ancient woodland inventory. I understand that officials are still in discussion with the Woodland Trust about the detail, but its support is welcome.

On other Committee recommendations not already covered, Forestry Commission England will continue to publish the headline performance updates, which include the rate of new principal Government-supported tree planting and both the total area and the percentage of woodland in England in active management, on a quarterly basis. The Forestry Commission will review the indicators it publishes on woodland creation, aiming to reflect the creation supported by Government more clearly. The commission has also committed to providing the sector with information on short to medium-term expectations of planting rates, based on grant applications received and those in preparation. My officials have discussed with the Committee on Climate Change the long-term trajectory for woodland planting to match the five-year carbon budgets and our 2060 aspiration.

On the industrial strategy, it is for the industry to come forward with a proposal for a sector deal, but I assure my right hon. and hon. Friends that we absolutely support the industry. On skills and apprenticeships, the Forestry Commission worked with the sector to create a new apprenticeship standard, and it is liaising with industry, the Royal Forestry Society and the Institute for Chartered Foresters on the creation of higher-level forest manager apprenticeships. The commission is engaging colleges, training providers and assessment bodies to promote take-up of the standard. A small number of universities in the UK also provide forestry degrees, and last year I was pleased to meet students and recent alumni at Bangor University.

At the Ministry of Housing, Communities and Local Government, we are identifying options to encourage the use of more domestic timber in construction. Nothing will happen overnight, but the clean growth strategy clearly supports the use of more home-grown timber in construction. We will work with Confor, Grown in Britain and the sector. The locked-in carbon is the essence—instead of concrete, metal and all the other things, we can achieve things just as well with wood.

Across Government, we will continue to explore how to do more for British forestry and timber-processing businesses. On the renewable heat incentive scheme, we want to ensure that waste wood is used only in specifically designed boilers. On research—I am running out of time and I appreciate that the Chair of the Select Committee may wish to reply briefly—I assure him that we have developed strong links with the industry and non-governmental organisations. Forest Research devotes 25% of its budget to knowledge exchange. We also work with the Scottish and Welsh Governments to explore future business models. European Union funding is also possible, although EU regulation does not cover forestry. Finally, in response to the hon. Member for Falkirk (John Mc Nally), I have to be candid: future funding arrangements are a matter for further discussion between the Governments of the different nations. I can give no pledge today.

I hope that I have covered all the subjects I wished to. We have made some changes and we are seeing an uptick in the number of trees being planted. People are applying more through our different schemes, and I encourage them to do so further. We will continue to monitor that, adapting as necessary to achieve our ambitions.

Surface Water Management

Thérèse Coffey Excerpts

Tuesday 19th December 2017 Written Statements

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I would like to update the House on the work the Government are doing to consider the long-term arrangements for surface water management.

Following the national flood resilience review we are better prepared this winter for flooding from all sources: the Environment Agency now has 25 miles of mobile flood barriers, 250 mobile pumps and 500,000 sandbags. These flood barriers and mobile pumps are ready to go anywhere in the country. This allows us to respond rapidly and flexibly to help protect communities, homes and businesses.

The Budget announced an additional £76 million to be spent on flood and coastal defence schemes over the next three years. This boosts flood defence investment to over £2.6 billion by 2021. Our flood defence programme is protecting more and more homes across the country, and we have 100,000 homes better protected by the 350 new schemes completed in the last two years.

As well as being prepared for this winter, it is right that we look ahead to future challenges, including in relation to surface water management. Surface water flooding occurs when excessive rainfall from storms overwhelms local drainage capacities. Changing weather patterns and population growth will have impacts on the risk of surface water flooding going forward.

Local councils have clear statutory responsibilities as lead local flood authorities to manage surface water flood risks and work in partnership with other risk management authorities, including highways authorities and water companies—who have a duty to effectively drain their area. Power and communications companies also have roles in managing the risks of disruption to essential services.

In response to the commitment in the national flood resilience review to look at issues affecting surface water in 2017, we have been working across Government to consider ways in which surface water management may need to be strengthened.

We have analysed information from a wide range of sources to inform this work. For example, looking at current flooding and drainage plans, undertaking local case studies, holding discussions at national stakeholder events and working with Water UK’s 21st-century drainage programme.

We also need to take account of ongoing work by the National Infrastructure Commission and the adaptation sub-committee as well as the soon-to-be published report of DCLG’s review of sustainable drainage systems in planning policy. As well as reducing the risk of surface water flooding, sustainable drainage can deliver water quality, biodiversity and amenity benefits, helping to make great places to live.

Using this evidence we have identified five key actions—set out below. Proposals to support these areas will be considered by the inter-ministerial group on flooding early next year with a report outlining actions and an implementation timetable published in spring 2018.

In January 2018 my Department will co-host an event with Water UK to present our findings so far. Stakeholders will be able to contribute in shaping future actions. One of the main themes will be the collaboration of local authorities and other risk management authorities in delivering their statutory responsibilities and achieving the best outcomes for surface water management.

Five action areas

National position: This year Government added the risk of surface water flooding to the national risk register within the “high risk” banding. We will develop a clear national planning scenario for surface water flood risk based on plausible extreme rainfall events. This will be tested by a panel of experts who will give an independent assessment of its suitability and its application to existing surface water risk maps and national objectives.

Effective collaborative working: Our local case studies identified some very effective partnership working by risk management authorities. We will use the findings to work with others to build on this, including using the review of the national flood and coastal erosion strategy to ensure best practice is shared and priorities are aligned. The work of Water UK’s 21st-century drainage programme is a great start in this respect as they begin to develop over the coming months the framework for drainage and wastewater management plans. The content of these long-term plans will require exactly the kind of engagement and consultation with a range of organisations that will help foster greater partnership working and common goals and aims.

Skills: Our research has shown that it is important to maintain the right balance of surface water flood and drainage skills at the local level. This project has identified some particular concerns, for example in relation to drainage engineering skills as well as staff retention and succession planning. We will work with others on actions to address skills and capacity issues.

Maps and data: The Environment Agency is reviewing the current and future data needs for the mapping and modelling of surface water flooding. They aim to improve the availability, consistency and accuracy of data across the range of bodies involved.

Forecasting: The Met Office and Environment Agency are carrying out a review on how improvements in surface water forecasting and communication can be made to make the best use of the information produced across the Met Office, Flood Forecasting Centre and Environment Agency.

[HCWS368]

Draft Environmental Protection (Microbeads) (England) Regulations 2017

Thérèse Coffey Excerpts

Monday 18th December 2017 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I beg to move,

That the Committee has considered the draft Environmental Protection (Microbeads) (England) Regulations 2017.

It is a pleasure to serve under your chairmanship, Mr Austin. We will be debating legislation to tackle microbeads in the use of rinse-off personal care products. “Blue Planet II” has shone a spotlight on our seas, and it is clear that they are in danger from many issues, including plastic waste. Plastic has become integral to our modern-day lifestyles, but millions of tonnes of plastic enter the global ocean every year, which is why we must take greater care and action to reduce if not eliminate pollution of our marine environment.

The draft regulations will ban the manufacture and sale of rinse-off personal care products containing plastic microbeads. Significantly, the ban is twofold. First, it will ensure that products containing microbeads may no longer be produced in England. Secondly, it will ensure that such products may not be sold or exported from the country. That will reduce the unnecessary release of plastic into the marine environment and lessen the harm to marine organisms caused by that form of microplastic. The ban has been worked on in conjunction with the devolved Administrations, and they too will introduce similar bans on manufacture and sale, likely in July.

Microbeads are small plastic particles. For the purposes of the draft regulations, “microbead” means

“any water-insoluble solid plastic particle of less than or equal to 5 mm in any dimension”.

Microbeads are added to many personal care products for their exfoliating effect. It has been suggested that one shower alone can send 100,000 microbeads into the water system and, subsequently, into our seas and the marine animals that live there. Personal care products containing microbeads are calculated to add 35,000 tonnes of plastic a year to the marine environment. Once released, those microbeads are impossible to recover.

[Vernon Coaker (Gedling) (Lab)]

The impact assessment talks about “other products”, which will not be covered by the regulations. Will the Minister tell us, now or later in her remarks, what the other products containing microbeads that will not be covered by the regulations are?

[Dr Coffey]

I shall certainly endeavour to do so. I have at least one example, and I am sure the hon. Gentleman will prompt me again if I do not cover the extent of the regulations.

It is extraordinarily difficult to directly measure the effect of microbeads per se on the marine environment. However, as microbeads are a form of microplastic, evidence concerning microplastics can be used to inform our view of the environmental impacts of microbeads. It is thought that ingestion of microplastics by some marine organisms can reduce digestion of food, affect reproduction adversely and be passed along marine food chains. Evidence indicates that chemical pollutants can leach from and attach to microplastics, risking increased exposure to toxins when ingested by marine organisms.

I want to recognise the efforts that the industry has made to address the problem of microbeads. A number of manufacturers and retailers have already stopped using microbeads in their products or have committed to do so. We want to ensure, however, that all companies follow that approach. The draft regulations will also create a level playing field for industry and certainty for consumers. Natural alternatives to microbeads do exist. They are readily available and, indeed, were used successfully in personal care products before plastic microbeads were introduced.

We considered whether the ban should extend to other products, including leave-on toiletries and cleaning products. Our initial assessment is that leave-on toiletries tend to be wiped off and the material discarded via normal waste streams, but we have asked the Hazardous Substances Advisory Committee to review the evidence on that. As for cleaning products, the trade bodies have shown that no such products for sale in this country include microbeads. Some countries have opted to ban only those plastic particles added for exfoliating and cleansing purposes, but our objective is to minimise marine microplastic pollution. Therefore, our ban covers all microplastic particles in those rinse-off cosmetics and personal care products. That is what makes it one of the toughest bans in the world.

The approach we have taken is based on clear evidence and, as a result, has support from a wide range of stakeholders. Only by working together can we be the first generation ever to leave the environment in a better state than we inherited it. I would like to think that that approach is another strong example of the proud and continuing leadership role that the United Kingdom has played in protecting the marine environment, not just around our coastline but throughout the world, including our overseas territories. With this legislation we will deliver one of the strongest bans—if not the strongest—on microbeads in the world. I commend the draft regulations to the Committee.

--- Later in debate ---

[Dr Coffey]

I will try to restrict my reply to the regulations. I could wax lyrical about marine litter and microplastics for a long time, but I assure the hon. Member for Halifax that if the particles in wax are less than 5 mm, they are included in the scope of the ban.

With regard to the definition of plastic, REACH does not define what plastics are but defines individual products. We felt that was not an effective way to achieve our aim, so the broader, well-known definition of plastic is used to ensure that we cover every single product. With regard to what products microbeads are used in and looking at other countries, as I articulated earlier, the very fact that we are banning any plastic particle less than or equal to 5 mm—we are not saying that it is only those microbeads that have a particular effect that are banned—is going further than the other countries mentioned. For the sake of doubt, nor have we limited the scope of what a rinse-off product is; it includes, but is not limited to, shower gels, body washes, intimate washes, liquid soaps, solid soaps and beaded hand cleaners. That will include things such as the Neutrogena product but also industrial products. Our farmers use Swarfega and similar, and the same will happen there. I could go on with a variety of things, including toothpaste, mouthwash, depilatory creams and gels, and similar elements.

We have asked the Hazardous Substances Advisory Committee to review the issue—the hon. Lady referred to this—of leave-on toiletries that can be absorbed or shed and are not designed to be washed off. I do not have a specific timeline for that at the moment, because the other thing we asked for in the consultation was a wider view on other products. The challenge with microplastics is that they extend to many sources. For example, the recycling of a lot of our plastic bottles goes to create things such as synthetic fleeces, which are popular with vegans because they are a way of keeping warm without using wool. Of course, they are also used extensively by people who are not vegans.

[Kerry McCarthy]

Will the Minister give way?

[Dr Coffey]

No. That is another example of products that have become part of everyday life. However, when they go through a washing machine, microfibres and microplastics are released. The regulations also extend to things such as tyres, because in tyre wear we see microplastics generated, washed on to the road, then into our water courses and so on. It is a challenge across a wide range of products. In particular, we focused on this because we know the evidence is already there. We know that our existing sewage treatments cover particles from about 6 mm upwards, so this is a specific way to try to address the problem by stopping at source the very generation of microbeads in products that are widely used. We wanted to tackle that.

If the hon. Member for Halifax has evidence that cleaning products with microbeads are available, she should please let me know and we can look at that. So far, the evidence we have seen is that no such cleaning products are available for sale. We need to ensure that, dare I say it, we regulate to address the problem in hand and not just create regulations for their own sake.

With regard to the devolved nations, yes, the consultation was UK-wide between the four Governments. We cannot dictate the processes by which they bring the ban into effect, but we are working with them to try to ensure that we coincide the ban that will come in due course.

As the hon. Member for Gedling knows, the 21 days will kick in from when the regulations are voted through the House—I think they have gone through the House of Lords today. Then, in essence, manufacture will become an offence, and then sale will become an offence. I suggest to the Committee that it will become more difficult for people to buy such products for resale in their shops. Of course, today the products are legal, so people can choose to sell them but, as we have seen, many companies have already taken action.

I point out that the regulations also cover the import of products, so if they are imported they still cannot be sold—that deals with that challenge. In terms of international actions, it might surprise the Committee to know that we had to get permission from the European Union and the World Trade Organisation. We initiated that on 28 July. We had to have a three-month process for objections, and there were none. We also have to go through other regulatory processes where we make the case, which is one of the reasons it takes so long. I think it was my hon. Friend the Member for Camborne and Redruth (George Eustice) who brought the issue to the attention of the Environmental Audit Committee when giving evidence some time ago. Members are right to pay tribute to that Committee, but that is an explanation of why it takes quite so long to reach the point we have got to today.

I do not think the regulations are necessarily the end of the process. I am sure that the Committee will want to be assured that we are taking appropriate action. We are addressing wider issues of microplastics getting into the environment. We need to continue to work with industry to ensure that it has time to develop alternatives.

The 680 tonnes is the amount used in cosmetics, and we recognise that not all of it ends up in the marine environment. I would not want to throw out a figure just to satisfy the hon. Member for Gedling. The point is that we are removing these microbeads at source so that there is at least a reduction from what we have today.

[Vernon Coaker]

Will the Minister give way?

[Dr Coffey]

I think I have covered all the questions that I have been asked so far, and I recognise that the hon. Gentleman did not want to be churlish. We are going to press on and try to pass the regulations today, and I hope that they will then go through the House.

We have considered the regulations at considerable length. They are a good step and they are the toughest ban announced in the world so far, to the best of my knowledge. Enforcement will be down to local councils, but we believe clearly and strongly that manufacturers will know that it is an offence to create microbeads. Individual large stores and our wholesalers, from which smaller stores often buy their products, will also know that it is an offence to sell these products. I am confident that the supply chain for these products will collapse. I commend the regulations to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Environmental Protection (Microbeads) (England) Regulations 2017.

Cliff Erosion: Isle of Sheppey

Thérèse Coffey Excerpts

Wednesday 13th December 2017 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

It is a pleasure to serve under your chairmanship, Mr Hosie, I think for the first time. I congratulate my hon. Friend the Member for Sittingbourne and Sheppey (Gordon Henderson) on securing this debate on coastal erosion affecting the northern coastline of the Isle of Sheppey. I expect that the post office at Warden Point is probably no longer there and has gone into the sea, but I remember several childhood holidays there.

Coastal erosion is a natural process that has always changed the shape of our coastline and will continue to do so, but I fully understand that it can be distressing for those living nearby. As an MP for a coastal constituency with a fragile coastline, I absolutely understand his constituents’ concerns and the fears they face. I have direct examples of places, such as Benacre, where we have the same challenge of balancing nature with people’s homes. Central Government are responsible for setting the overall national policy, but I point out the local councils, formally termed coastal protection authorities under our statutes, lead on the management of coastal erosion risk in their areas. A significant and brave decision was taken by the Government earlier this decade to recognise formally that it would not be possible or desirable to defend every part of our coastline from erosion, confirming what had already been happening in practice. That made the process for councils designing their local shoreline management plans more meaningful. The plans set out at a top level the policy framework to manage the risk of coastal change. Covering three time horizons of 20, 50 and 100 years, the plans recommend four approaches to manage the local coastline: advance the line, hold the line, managed realignment and no active intervention. Councils design them in partnership with the Environment Agency, but the decision is made locally.

To support councils, the Environment Agency provides a national picture on what is happening on the coast. It has established national coastal erosion risk maps that provide a consistent assessment of coastal erosion risk around the country, and set out a best practice method for calculating that risk. The Environment Agency also ensures that different councils take a consistent approach to risk management, as actions taken along one part of a coastline can have a direct impact further along the coast. For those where defence from coastal erosion is neither practical nor economical, it is important that the communities affected are supported to adapt to the changing coastline. That means anticipating the changes, preparing for them and adapting to them when they occur.

Coastal change management areas are areas identified locally as likely to be affected by coastal change. They provide a means for local authorities to take their specific needs and circumstances into account when making decisions and planning for the future. Between 2009 and 2011, the Department for Environment, Food and Rural Affairs funded a coastal change pathfinder programme in which 15 local authorities considered new approaches for managing coastal change in partnership with their communities. The Government are committed to investing significant amounts of taxpayer money in coastal erosion and flooding schemes. Specifically for coastal management between 2015 and 2021, our plans will see £885 million invested in projects to manage coastal erosion and coastal flooding, better protecting communities against flooding from the sea.

At the same time that the Government decided formally not to defend the entire coastline, they made the important decision that any scheme that has a positive benefit-cost ratio would be eligible for Government funding. Therefore, cost-beneficial schemes that would not have progressed in the past can now receive Government funding.

Turning specifically to my hon. Friend’s constituency, the Isle of Sheppey, the shoreline over much of the length of the north Sheppey coast is in retreat and has been for centuries. That is very much part of a natural process. As sea levels have slowly risen, land levels have gradually dropped since the last ice age. Added to that natural process are the effects of global warming and climate change. The amount of physical change depends on the degree of exposure of each length of coast and the underlying geology. Increasing rainfall in between longer periods of drier weather can lead to increased weathering of cliff faces, with potentially more cutback of the cliff face.

In general, as my hon. Friend pointed out, the undefended length of coastline between Minster and Warden bay comprises a mix of residential property and agricultural land. He recognises, as does the Department, that 1,000 caravans and 124 buildings will be at risk over the next 100 years. He questioned the value of preserving the area as a geological site. Officials believe that it is an important part of the UK’s natural heritage and provides an invaluable resource for scientific research and education. In particular, the geological features contain nationally and internationally important, diverse and extremely well preserved fossil fauna and flora.

The Geological Conservation Review—a rigorous and systematic assessment of all geological sites in Great Britain—was undertaken by a wide range of experts, who identified the foreshore at Sheppey as being of national scientific importance. The main phase of the review took place some time ago, between 1977 and 1990, but it is still a live process, with small revisions taking place on a regular basis and sites being assessed and added right up to the present day to reflect new scientific discoveries and interpretations. However, I absolutely understand my hon. Friend’s point. I will look into his request to review the SSSI designation, but I hope that he understands that we have to make decisions based on the best evidence that is provided to us.

The cliffs at Sheppey are part of a natural system that includes the whole Thames estuary. They provide an important source of fine-grained sediment to the estuary and its tributary estuaries in north Kent and Essex. Decisions about what is done there need to be balanced with the framework identified by the shoreline management plan, and such plans tend to be based on natural sediment cells. The northern coastline is part of the 2010 Isle of Grain to South Foreland shoreline management plan, which is led and endorsed by local councils. It splits the coastline into five sections. Garrison Point to Minster town, which includes Sheerness, has been designated “hold the line”. Minster slopes to Warden bay has been designated “no active intervention”. From Warden bay to Leysdown-on-Sea, the designation is a mix of “hold the line” and “managed realignment”, and from there to Shellness, the designation is “managed realignment”.

Swale Borough Council has also published technical papers, including setting out a coastal change management area. In 2011, it published the “North Sheppey Erosion Study”. That has helped the council to provide appropriate advice to the public and make informed decisions about planning issues to plan ahead and mitigate the effects of coastal erosion on their lives.

There has already been significant investment by both the Government and local councils to manage the coast in the area. In 2012, there was a shingle recycling project at Sheerness, and next year there will be a further £350,000 investment to continue that work, which will protect 3,000 homes. In addition, Swale Borough Council undertook a £250,000 scheme of coastal protection works at Minster-on-Sea.

New projects are in the planning pipeline for the area: the southern regional flood and coastal committee has allocated £500,000 towards a project to replace or refurbish Warden bay outfall, thus reducing fluvial flood risk from an ageing asset. There are other schemes on the Isle of Sheppey. The total current investment is about £5.9 million, supporting projects at Great Bells farm, Bells pumping station and the Queenborough tidal barrier to protect several hundred houses.

As for my hon. Friend’s suggestions about the country park—the privately funded scheme at this location—I hope he will appreciate that I cannot comment on the technical merits given that the planning application might come before Ministers if it is deemed sufficiently contentious. I know that the challenges of the SSSI exist, and the Environment Agency will also need to be confident about the role of the reuse of waste from other parts of the country.

I am led to believe that we do not in principle oppose a viable third-party scheme, but I heard carefully what my hon. Friend said. We need to recognise, however, that in this particular location, extremely challenging impacts would need to be assessed and mitigated against before the plan could proceed. He will be aware that the £30,000 scheme funded by the local borough council at Eastchurch to address the rate of coastal erosion has simply not had the desired impact. I understand that local teams from both the Environment Agency and Natural England have offered to discuss the proposal that his constituents are considering making.

The Swale and Medway plan remains open for consultation. As part of the development of the strategy to fulfil the shoreline management plan and its update, a public meeting was held in Eastchurch village hall last month. Local people had the opportunity to speak directly to those working on the strategy. One important takeaway from that meeting, both for the officials and members of the public who attended, was the need to explain better the opportunities afforded by the rollback policies in the council’s recently adopted local plan. That creates the opportunity and option for local residents to be helped to relocate their homes to areas at less risk nearby. That applies to any home likely to be affected by erosion within 20 years and allows people to build a new home of a similar character close to the community from which they are displaced.

Allowing natural processes to continue to operate has been a consistent approach since the first shoreline management plan was developed back in the 1990s, and that is likely to continue to be the case. I recognise that that is not the answer that my hon. Friend or his constituents want to hear, but I assure him that I will reflect carefully on his requests. I will commission the review of the SSSI as he asked, and I will make sure that we share it with him when it is completed.

Question put and agreed to.

Animal Welfare

Thérèse Coffey Excerpts

Tuesday 12th December 2017 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

It is a pleasure to serve under your chairmanship, Mr Robertson. I congratulate my hon. Friend the Member for Richmond Park (Zac Goldsmith) on securing the debate. He covered a wide range of issues in the first 20 minutes, and as a consequence I am afraid I will not be able to take any interventions.

I reiterate that the Government share my hon. Friend’s and the public’s high regard for the welfare of animals. We extend that regard to animals whether they are companion animals, farm animals or wild animals. I reaffirm the principles on which the Government’s policies on animal welfare are based: our recognition that animals are sentient beings, contrary to the fake news spread recently by certain media outlets. That is certainly true of this Government and of predecessor Governments. In fact, back in 1822, this Parliament was the first ever legislature to implement laws to protect animals, with the Act to Prevent the Cruel and Improper Treatment of Cattle. The Government believe that the direct effect of the principle of sentience is recognised throughout the statute book, but for the avoidance of doubt, I am sure that hon. Members will join me in celebrating this morning’s announcement by my right hon. Friend the Secretary of State of a new Bill that will not only increase the maximum penalties for animal cruelty, from six months’ imprisonment to five years imprisonment, but enshrine animal sentience in law.

The draft Bill will embed the principle that animals are sentient beings, capable of feeling pain and pleasure, more clearly than ever before in domestic law. There was never any doubt or question that our policies on animal welfare are driven by the fact that animals are sentient beings. The Government are committed to raising animal welfare standards and to ensuring that animals will not lose any recognitions or protections when we leave the EU. The draft Bill makes our recognition of animal sentience clear. It contains an obligation, directed towards Government, to pay regard to the welfare needs of animals when formulating and implementing government policy. That provision does not apply to Ministers in the devolved Governments of Wales, Scotland and Northern Ireland, but we will work closely with the devolved Administrations on that important matter.

That will build on the long list of legislation that Parliament has passed to protect animals. The first significant general legislation was the Protection of Animals Act 1911, which introduced the offence of causing unnecessary suffering to an animal. That Act stood the test of time and was used every year by the RSPCA to successfully prosecute about 1,000 people a year for animal cruelty. It was eventually replaced by the Animal Welfare Act 2006, which introduced the added offence of failing to provide for the welfare needs of an animal. That offence had been present in on-farm legislation, but its inclusion in that Act meant that it applied to all kept animals.

I could read out a very long list of Acts of Parliament, but it would take too long; however, it is an indication of how much animal welfare means to Parliament and the public, and I will mention one or two in particular. The Performing Animals (Regulation) Act 1925 regulates circuses and other acts involving animals; it is still in force, although the Government are in the process of replacing it. The Cockfighting Act 1952, as the name suggests, made it an offence to organise a cockfight. The Wildlife and Countryside Act 1981 stepped up provision for wildlife, including banning methods of killing certain animals—for example, wild birds—to avoid bodily injury in a particular way. The Zoo Licensing Act 1981 imposed strict welfare and conservation standards on our zoos.

We have also introduced regulations through EU law, and we will bring into UK law any that are not already in place through powers granted by the European Union (Withdrawal) Bill. Those include the Welfare of Farmed Animals (England) Regulations 2007, which implemented EU legislation on minimum standards of welfare for different species of farmed animals, and the Welfare of Animals (Transport) (England) Order 2006, which implemented EU legislation on the welfare standards for animals in transit. As I indicated, the Government intend to go further on improving the welfare of all animals, be they wild, companion or farmed.

The UK has been at the forefront of driving global efforts to safeguard the world’s most vulnerable species and we remain absolutely committed to protecting global wildlife for generations to come. As my hon. Friend the Member for Richmond Park pointed out, that is why we are taking action to preserve elephants and are now consulting on our proposed ban of the sale of ivory in the UK that contributes directly or indirectly to the poaching of elephants. The proposals, on which we are consulting, are designed to put the UK front and centre of global efforts to end the insidious trade in elephant ivory.

Historically, the United Kingdom has been ahead of international trends on trap humaneness, outlawing leg-hold traps and establishing an approval system for spring traps in the 1950s. We propose to consult next month on UK-wide implementation of the agreement on international humane trapping standards. That agreement between the EU, Canada and the Russian Federation puts in place humaneness standards to improve the welfare of wild animals commonly caught in traps for their pelts. Under the agreement, we are required to prohibit traps and trapping methods that do not meet the standards for a list of species, five of which are currently present in the wild in the UK: stoat, badger, pine marten, otter and the European beaver. I know that my hon. Friend takes a great interest in them. When the UK legislation comes into force, only traps and trapping methods that meet the standards for species covered by the agreement will be permitted under licence.

[Alex Chalk (Cheltenham) (Con)]

Will the Minister give way?

[Dr Coffey]

I am afraid I cannot at the moment, but if I have time at the end, I will.

We will tighten the rules regarding dog breeding, pet shops, animal boarding, performing animals and riding stables. Irresponsible dog breeders and dealers are a stain on our national conscience and such people who exploit that trade must be stopped. We will introduce new regulations on the welfare of dogs in dog breeding establishments. We will ensure that more breeders need to be licensed. Statutory minimum welfare standards will be applied to licensed breeders and will be enforced by local authority inspectors. Detailed guidance will be provided to inspectors to assist them with the new regulations.

All pet vendors will also have to provide information to new owners to educate them about their new pet. It will be made clear that any business selling pet animals online will also need to be licensed. We continue to work closely with the Pet Advertising Advisory Group on minimum standards for such sellers. We are enormously grateful for the input from local authorities and other organisations on drafting the new regulations. I hope that they will be in place by the end of next year.

As my hon. Friend the Member for Richmond Park highlighted regarding farm animals, to improve welfare of animals at slaughter and to deliver our manifesto commitment, we recently carried out a public consultation on our proposals to require CCTV in every slaughterhouse in England. The consultation closed in September. There was strong support: of the nearly 4,000 responses, more than 99% were in favour, which is an overwhelming endorsement of the policy. We published the Government’s response to the consultation last month and will follow that up by laying secondary legislation before Parliament early in 2018.

In particular, my hon. Friend raised the issue of the live export of animals, which is of significant concern to hon. Members. Compared with 20 years ago, there has been a dramatic fall in the trade in live animals going directly for slaughter. Nearly 2 million animals were exported every year, but in 2016, 50,000 sheep were exported, with 5,000 going directly for slaughter from Great Britain. Sheep are the main livestock species to be exported for those purposes, and I know the issue still causes considerable concern.

My hon. Friend will be aware of the restrictions we have now within the EU, but we have always been clear that the Government would prefer to see animals slaughtered as near as possible to their point of production. We believe that a trade in meat is preferable to a trade based on the transport of live animals, particularly when journeys may result in livestock travelling long distances across Europe. As we move towards a new relationship with the EU and the rest of the world, we have a unique opportunity to shape future animal welfare policy to ensure the highest standards in every area. Our manifesto commitment made it clear that we would take early steps to control the export of live farm animals for slaughter once we leave the EU. We are currently considering options, but the issue is rather complex and any future proposals would have to consider trade between the UK and Ireland, whether that is with Northern Ireland or across the Republic of Ireland.

On farm codes, as well as laying new statutory welfare codes for cats, dogs and horses before Parliament shortly, we are also raising standards on farms by modernising the farm animal codes, a move that has been welcomed by industry. A new code for meat chickens will be laid before Parliament shortly and we will consult on new codes for laying hens and pigs in the new year. The updated codes of practice for England will provide clear guidance to producers on how to comply. We continue to work closely with DEFRA’s delivery bodies, including the Animal and Plant Health Agency, on the enforcement of animal welfare standards.

My hon. Friend raised a wide variety of issues. The Government and the farm sectors, such as the meat chicken industry, have taken significant strides on reducing the amount of antibiotics used, although I recognise that that may still not be enough for him. He also mentioned trophy hunting, and I think he would find it worthwhile to read Professor Macdonald’s report, which DEFRA commissioned, about the balance of conservation and hunting for commercial purposes in that way. The restriction that he referred to, which President Trump was considering removing, has put a pause to that—it was specifically from Zimbabwe. I believe that the US does allow other elements still to be imported, but that is done on a conservation basis.

The measures that I have set out clearly demonstrate the Government’s intention to avoid animal suffering and show we are taking steps to strengthen standards. In future, when we are outside the EU, we intend to take full account of the scope for the UK to set the very highest standards in animal welfare and to encourage action on a global level.

I have 30 seconds left, so I will take a brief intervention from my hon. Friend the Member for Cheltenham (Alex Chalk).

[Alex Chalk]

In considering the welfare of wild animals, does the Minister welcome the plans approved by the Government to release beavers into the Forest of Dean for the first time in 400 years? Does she agree that that should be the beginning of a longer process of reintroducing, when practical, species that were previously wiped out by human activity?

[Dr Coffey]

Beavers have not really been present for 400 years on this island, although my hon. Friend will be aware of the releases that have happened in Scotland. I am aware of the River Otter trial, and further trials are to come. It matters that our approach is based on science and rigour, which is what this Government will ensure.

Question put and agreed to.

Oral Answers to Questions

Thérèse Coffey Excerpts

Thursday 7th December 2017 Commons Chamber

[Julian Sturdy (York Outer) (Con)]

12. What recent assessment he has made of the resilience of flood defences.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

The resilience of flood defences is good. In October, the Environment Agency’s assessment showed that over 95% of the flood defence assets it maintains in the highest risk areas were at, or above, the target condition, and in Cumbria the proportion was 97.5%. We have repaired all the flood defences damaged in the winter of 2015. We know there is more to do to help communities in Keswick as well as other parts of Copeland and across Cumbria. That is why we allocated £58 million extra for flood risk management schemes.

[Trudy Harrison]

I am grateful for that response. However, £800,000 was pledged for my community in Braithwaite, which was devastated in Storm Desmond. Two years on, can the Minister please confirm when the work will be completed for that village?

[Dr Coffey]

My hon. Friend is right to raise the issue of that particular village. I am aware that the shortlisting of options is due to be completed next month, with a target date of the end of 2019. I will be meeting her and her colleagues from Cumbria next week to discuss the details further.

[Julian Sturdy]

Hard flood defences such as the Foss barrier and whole catchment management solutions are vital for cities such as York, but it is essential that those strategies equally protect smaller communities. Can the Minister assure me that communities south of York will not be forgotten as we progress and continue to develop flood management schemes?

[Dr Coffey]

I can certainly give my hon. Friend that assurance. The York long-term plan will use a whole catchment approach to flood risk management. It includes upper catchment management changes, which will be a key component in reducing risk to York and other communities downstream, including the ones to which he refers. I can assure him that the modelling by the Environment Agency ensures that hard flood defences in York will not impact on the communities he has mentioned.

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

It is two years since the devastating floods hit York, yet last week the residents of Clementhorpe learned that their barriers were going to be further delayed and that they will not have protection until at least 2019. What will the Minister do to ensure not only that that programme is speeded up, but that the residents of York are protected in the intervening period?

[Dr Coffey]

Since the floods of December 2015, when about 600 properties were flooded, we have invested £17 million to upgrade the Foss barrier. That includes eight high-volume pumps to provide an even greater standard of protection than before, and we have developed a five-year plan to invest £45 million in new defences that will better protect 2,000 properties.

[Holly Lynch (Halifax) (Lab)]

Following Storm Desmond and Storm Eva in 2015, the Government made welcome direct payments for resilience work to residents who had been devastated by the flooding. Following the floods in Galgate last month, however, the Government told Lancaster City Council that that flooding was not severe enough to warrant the same assistance, despite 143 homes being vacated because of flood damage. Will the Minister make representations to the Secretary of State for Communities and Local Government and urge him to allocate money to fund essential flood resilience work in flood-affected communities like Galgate, right across the country?

[Dr Coffey]

As I have indicated, the overall level of flood defence resilience is good, including in Lancashire. I am very concerned about the people who suffered that shock flooding the other week, and I will of course meet the affected MPs. I know that my hon. Friend the Member for Morecambe and Lunesdale (David Morris) is seeing me next week to discuss this very matter.

[Sir Edward Leigh (Gainsborough) (Con)]

9. What steps his Department is taking to prepare for the UK’s departure from the EU.

--- Later in debate ---

[Marsha De Cordova (Battersea) (Lab)]

13. What steps he is taking to ensure the full transfer of EU environmental law to the UK after the UK leaves the EU.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

The European Union (Withdrawal) Bill will ensure that the whole body of existing EU environmental law continues to have effect in UK law. Last month, my right hon. Friend the Secretary of State announced that we will consult on the creation of a new national policy statement on environmental principles and on a new independent and statutory body to hold the Government and, potentially, public authorities to account on their environmental commitments.

[Marsha De Cordova]

I thank the Minister for her response. The Government have boasted that they will leave the environment in a better state than they found it in, so does the Minister agree that we need to enshrine in law not only equivalent, but even better levels of environmental protections after we leave the EU?

[Dr Coffey]

I agree with the hon. Lady. We are absolutely committed to that, and it has been in our manifesto for the past two years. Aspects of the environment are improving, and with our 25-year environment plan, which will be published shortly, we will continue to set out that agenda for the next generation.

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

14. What plans he has to ensure the welfare of puppies traded between the UK and EU countries after the UK leaves the EU.

--- Later in debate ---

[Ruth Cadbury]

The UK’s terrible air pollution is getting worse and does not respect local authority boundaries. When can we expect an air quality plan that makes a real difference, or will the Secretary of State continue to shunt responsibility to councils that have neither the resources nor the powers to address this nationwide challenge?

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

Air quality is actually improving. I recognise the challenges on roadside NOx, but hopefully the hon. Lady is aware of the £90,000 grant given directly to Ealing Council to help to address particulates. We are preparing a wider clean air strategy, with a consultation next year.

--- Later in debate ---

[Daniel Zeichner (Cambridge) (Lab)]

T4. A quarter of our rivers are at risk from unsustainable abstraction, which is a particular problem in the south and east. When will the Government actually take action to tackle unsustainable water abstraction?

[Dr Thérèse Coffey]

We have been considering this carefully. I hope that we will be able to make an announcement on the publication of our abstraction plan within the next month. I am sure the hon. Gentleman will enjoy reading it, and I am happy to discuss it with him later.

--- Later in debate ---

[Zac Goldsmith (Richmond Park) (Con)]

There was huge applause for the Government’s decision to ban the UK ivory trade, but there is now growing evidence of an increase in the trade in hippo ivory. With only 100,000 or so African hippos left, the slightest increase in demand could spell disaster for that species. May I urge Ministers to extend the proposed ban to include other ivory-bearing species such as hippo, narwhal, walrus and the like?

[Dr Thérèse Coffey]

My hon. Friend makes a good point. The scope of our proposed legislation is so far restricted to African and Asian elephants, but the consultation is still open, so I will take what he says as a submission. We are very keen to see what we can do to protect all endangered species and their habitats, and this may be one way of achieving that.

[Ben Lake (Ceredigion) (PC)]

T8. About half of the veterinary surgeons registering in the UK qualified elsewhere in the EU. Will the Secretary of State tell the House what discussions he is having with Cabinet colleagues to ensure that their vital skills continue to receive due recognition post Brexit? Will veterinary professionals be able to come to the UK and work on exactly the same terms as they currently enjoy?

Environment, Food and Rural Affairs

Thérèse Coffey Excerpts

Thursday 7th December 2017 Ministerial Corrections

The following is an extract from the response to a debate on fly-tipping in rural areas on 21 November 2017.

[Dr Coffey]

It is the role of my Department to make sure local authorities have a full range of powers and tools to enable them to tackle fly-tipping, but it is the responsibility of local councils to use all the powers and tools available to them. Last year we gave councils in England the power to issue fixed penalty notices for small-scale fly-tipping. More than 56,000 such notices were issued against fly-tippers last year, and more than half of all local authorities have implemented the new fixed penalty notices since they were introduced in May 2016. [Official Report, 21 November 2017, Vol. 631, c. 1023.]

Letter of correction from Dr Thérèse Coffey.

An error has been identified in my response to the Adjournment debate secured by the hon. Member for Newton Abbot (Anne Marie Morris).

The correct response should have been:

[Dr Coffey]

It is the role of my Department to make sure local authorities have a full range of powers and tools to enable them to tackle fly-tipping, but it is the responsibility of local councils to use all the powers and tools available to them. Last year we gave councils in England the power to issue fixed penalty notices for small-scale fly-tipping. More than 56,000 fixed penalty notices were issued against fly-tippers last year, and more than half of all local authorities have implemented the new fixed penalty notices since they were introduced in May 2016.

Dark Sky Status (Cornwall)

Thérèse Coffey Excerpts

Wednesday 29th November 2017 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

It is a huge pleasure to serve under your chairmanship, Mr Sharma. I congratulate my hon. Friend the Member for South East Cornwall (Mrs Murray) on securing this important debate, which has been well attended by people who want to put forward the benefits of the dark sky.

I am sure we all agree that a truly clear, star-filled night sky is one of the greatest spectacles of nature. In an area of low light pollution, it is possible to see as many as 2,000 stars on a clear night, but in our brightly lit modern world many people seldom get the opportunity to experience that. Only last week, a new study was published showing that between 2012 and 2016, the planet’s artificially lit outdoor area grew by more than 2% per year.

The hon. Member for Glasgow North West (Carol Monaghan) talked about her children and her experiences growing up. I have to admit, growing up in Liverpool, pink skies were a huge feature of the urban glow as the light was partially reflected. Dark nights seemed to be a rarity, and we used to find out about the stars by going to the planetarium. Therefore, when I moved to a village with no street lights at all—I now live in a market town where the council turns off street lights at midnight—it was a joy to behold. Ken and Muriel Bennett, the constituents of my hon. Friend the Member for South East Cornwall, are right to point out that just looking upwards can spark such an interest in science; indeed, it can inspire a generation. I understand why my hon. Friend wants to support them.

I welcome the initiative undertaken in Cornwall in seeking the designation of Bodmin moor as an international dark sky site. I am delighted that Cornwall is leading by example in this regard, and I recognise the efforts of my hon. Friend the Member for St Ives (Derek Thomas) in trying to secure further designations in the county. As to this particular reserve, I warmly welcome the work that Cornwall Council, Caradon observatory and the Cornwall Nature Partnership have carried out in partnership with Natural England to develop their environmental growth strategy. This is a positive example of long-term thinking, setting out a vision of a sustainable future for the county right through to 2065.

Following the launch last year, I understand that a wide range of businesses, individuals and organisations have pledged specific contributions towards achieving environmental-based growth in Cornwall. As my hon. Friend the Member for South East Cornwall described, that will reconnect people with the wonder of dark skies, as well as offering a range of benefits to local communities.

The Government have been active for some time in promoting dark skies within national parks and areas of outstanding natural beauty. For example, we supported the successful application for dark sky status by Exmoor national park, which, in 2011, became the first international dark sky reserve to be designated in Europe. The Government also supported the South Downs national park, which was designated last year. Indeed, Natural England gave its support to Cornwall Council’s successful application to designate Bodmin moor as an international dark sky landscape, the benefits of which we have heard so much about.

I draw hon. Members’ attention to an example from the other end of the country, where the Northumberland international dark sky park has become the largest in Europe. That has had a hugely positive impact on the local economy, with about 20,000 visitors making the journey to Kielder observatory each year. That in turn has helped the park to become a year-round destination, enabling businesses to remain open and viable throughout the winter months. It has also helped to enhance local residents’ quality of life and to inspire and educate people about astronomy and the natural world. That clearly demonstrates the range of benefits—social, environmental and economic—that can flow from such an initiative. I am also aware that, just last month, Exmoor had a week of celebration that boosted its season and is in line with the Government’s strategy on productivity in parks and AONBs.

In answer to the hon. Member for Glasgow North West, VAT is a matter for the Treasury. She will recognise that in terms of tourism, but I know that those representations are made regularly. My hon. Friend the Member for Ayr, Carrick and Cumnock (Bill Grant) praised the Scottish dark sky observatory. He is right to do so; it is something of which he should be proud.

Light pollution is an issue that can challenge rural areas and blight urban areas. While I fully accept that artificial light brings valuable benefits to society in safety and in facilitating a thriving night time economy—we think of the spectacular Blackpool illuminations—if used incorrectly or carelessly it can contribute to a range of problems. It can be a source of annoyance to people, be harmful to wildlife and waste energy, as well as prevent enjoyment of the night sky.

That is why we have taken action to ensure that light pollution is addressed through the planning system. The national planning policy framework makes it clear that planning policies and decisions should limit the impact of light pollution on local amenity, dark landscapes and nature conservation. It is supported by guidance that emphasises the importance of getting the right light in the right place at the right time and helps local planners and developers to design in ways of avoiding glare and intrusion.

As the hon. Member for Stroud (Dr Drew) said, artificial light can be classified as a potential statutory nuisance. That means that local authorities have a duty to investigate complaints about light emitted from premises that could constitute a nuisance or be harmful to health, and they have powers to take action when there is a problem. I have an anecdote: I admit that this did not affect me directly, but at a golf club in one of my constituencies, what the lighting was doing was so poor that I genuinely thought the place was on fire. This is a challenge in which working with businesses matters, and I want to encourage councils to do that. There are grants available to help people get LED lighting, and the Energy Saving Trust is probably is the best gateway for that.

I have to alert the House that the jury is still slightly out on the benefits of LED versus sodium, specifically in regard to light pollution. Undoubtedly, LED lights are better in terms of saving energy, but they must be directed downwards in a particular way. Otherwise, there is an issue about the photobiological effects of LED lighting with high blue light components: there is an increase in light pollution, the greater the blue light content of the light source. That has been investigated, and that is why the Government have worked with Highways England and, I think, the CPRE, the Commission for Dark Skies and others to produce guidance on how best to place this in the future.

As we all know, street lighting is an important issue and needs to be managed carefully to strike the right balance between preserving road safety and avoiding light pollution. The Department for Transport is therefore encouraging local authorities to replace their street lighting with modern lighting that reduces the amount of glare emitted. Highways England, which manages our motorways and major roads, is also working actively to minimise light pollution. As I say, it is working with the Commission for Dark Skies and the CPRE to develop improved road lighting standards. It is also investing in technology that allows lighting to be dimmed or switched off in response to lower traffic flows.

Finally, it is important to remember, as has been pointed out, that light pollution can affect wildlife as well as people, and that nocturnal or migratory species in particular can be disturbed by it. We have legislative controls in place to prevent the disturbance of protected species, and Natural England is always available to provide advice in such cases, including by helping to think through the possible unintended consequences of artificial lighting for habitats and wildlife.

It is not only central and local government that are taking action in this area. Last year, for example, the Campaign to Protect Rural England launched interactive maps that allow users anywhere in the country to look at the artificial lighting situation in their postcode compared with other parts of the country. That is a useful tool that can inform local decision making on where action may be needed to control light pollution.

It is important that dark skies and the management of artificial light are part of our future thinking on the environment, given how important we know they are for wellbeing, quality of life and so much else besides. We need to ensure that policy in this area evolves to take account of the challenges and opportunities of the next 25 years, and that we balance the needs of a growing, vibrant society with the ability to access tranquil spaces and clear night skies, now and in future generations.

I will try to answer some of the questions. On funding, I have already tried to guide my hon. Friend the Member for South East Cornwall towards the Energy Saving Trust. I think in particular of the funding she requested for Ken and Muriel Bennett. Off the top of my head, I do not have a particular sense of where that would be at the moment, but I wonder if the Royal Astronomical Society would be a useful avenue to explore. I also think, if they are trying to widen the educational opportunity, lottery funding from the big society may be something to consider.

On some of the other questions that the hon. Member for Stroud raised, the Government are not setting out a plan deliberately to try to grow the number of applications. There are now sufficient parks for us to share how people can best do this, but I must emphasise that the Government do not have a formal role in the designation process. It is non-governmental and non-statutory; in fact, it is undertaken by the International Dark-Sky Association. It looks at five sorts of different designations that people can apply for and be considered for. The applications are reviewed by a standing committee composed of dark sky experts and previous successful programme applicants. Given the growing number of these areas, not only in England but in Wales and Scotland, there is sufficient expertise out there that interested councils could go to. I must admit that I am considering encouraging my council in Suffolk Coastal to consider this.

I conclude by once again thanking my hon. Friend the Member for South East Cornwall for giving us the opportunity to discuss this important issue. She really has highlighted how wonderful this has been for her constituency, and I look forward to hearing more about how the designation of Bodmin moor as an international dark sky landscape helps to benefit her local community, both directly and through tourism and research over the years ahead. I am happy to explore how my Department might want to assist future applications, but I am conscious that, as I say, there is expertise out there already. As always, I encourage people to look to those who have already had success.

Fly-tipping in Rural Areas

Thérèse Coffey Excerpts

Tuesday 21st November 2017 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I congratulate my hon. Friend the Member for Newton Abbot (Anne Marie Morris) on securing this debate. She has covered a wide range of issues. She has left me less than 10 minutes in which to reply, but I assure her that my Department takes the issue seriously

Fly-tipping is a serious, antisocial crime, whether it happens in rural or urban areas. It blights our countryside, poses serious risks to our natural environment and to the human health of local communities, and affects the livelihoods of rural businesses. Perhaps in contrast to the casual litter louts I deplore, fly-tipping is premeditated and unacceptable, so tackling fly-tipping and all elements of waste crime is a priority for this Government.

The number of fly-tipping incidents dealt with by local authorities has increased to more than 1 million a year, with a 7% increase on last year, and it costs local authorities in England more than £57 million to clear. Indeed, Teignbridge District Council, part of which covers my hon. Friend’s constituency, has seen a 5% increase. The number of incidents of large scale fly-tipping dealt with last year by the Environment Agency also increased to more than 200.

That does not necessarily mean fly-tipping has increased by that margin, because the introduction of new technology and extended staff training has led to higher levels of reporting. Again, I am clear that any fly-tipping in this country is completely unacceptable, and it is important that we stamp it out.

The Government take all crime seriously, and crime in rural areas is no exception. The National Police Chiefs Council rural crime lead, the chief constable of North Yorkshire, is drawing up a strategy with stakeholders to ensure that police forces engage fully with their operational priorities. My officials are engaged with the chief constable’s team on fly-tipping, and indeed one of that team was at the national fly-tipping prevention group meeting up in Wigan today, talking with stakeholders and officials about how fly-tipping in rural areas can be tackled.

The connection between charging at household waste recycling centres—HWRCs—and charging for bulky waste collection, with the increase in household waste being fly-tipped, is one that I, and other Members, hear frequently. I am also aware that my hon. Friend is concerned about changes to opening times at HWRCs causing the increase in fly-tipping. Although I recognise the anecdotal reports suggesting the connection and fully understand them, the evidence that has been gathered thus far is inconclusive. I am keen that this is explored further and my officials are working with WRAP—the Waste and Resources Action Programme—to better understand the connection between changes at household waste recycling centres and fly-tipping of waste.

As my hon. Friend will recognise, it is for local authorities to determine what is practical and affordable in their areas, but it is also important that where changes are proposed, they are proportionate, transparent and made in consultation with local residents, taking into account local circumstances and the needs of local people. I can assure her that WRAP is reviewing its existing guidance on HWRCs by the end of this year to ensure it reflects changes made in the law and to give further guidance on what can be charged for by way of non-household wastes.

[Chris Davies]

Will the Minister give way?

[Dr Coffey]

I am sorry but I have many points to get through and my hon. Friend will recognise that we are dealing with a devolved responsibility. If I have time at the end of the debate, I will take his intervention.

We are clear that everybody, whether they are a householder or a business, is responsible for disposing of the waste they produce correctly and not passing it on to somebody irresponsible. As more than two thirds of all fly-tipped incidents involve fly-tipped waste, all householders have a role to play. That is why we are actively considering what measures could help with these matters. We did strengthen the Sentencing Council’s guideline for environmental offences in 2014. Since then, the level of fines for organisations found guilty of fly-tipping has risen, but fines for individuals have not seen the same increase. I want to ensure that the level of sentence matches the seriousness of the incident and is an appropriate deterrent to stop fly-tipping, as my hon. Friends the Members for Newton Abbot and for Tiverton and Honiton (Neil Parish) said. As I mentioned in the House recently, I am raising this matter with colleagues at the Ministry of Justice and we intend to work with the judiciary so that sentencing levels act as an appropriate deterrent.

I am pleased to say that the Environment Agency has worked in partnership with several local authorities in south Devon to prosecute individuals fly-tipping indiscriminately across the area. Earlier in the year, the Environment Agency and local authorities successfully prosecuted a serial fly-tipper. The perpetrator received 20 months in prison, and was fined £7,000 for this illegal activity. The vehicle used for fly-tipping was also seized and crushed. By the end of spring 2018, the Environment Agency and local authorities expect to prosecute a further nine large-scale fly-tippers across south Devon, and there have been a number of smaller prosecutions by local councils.

Local authorities are responsible for enforcing against most fly-tipping, although larger-scale and more serious fly-tipping incidents are investigated by the Environment Agency. It is the role of my Department to make sure local authorities have a full range of powers and tools to enable them to tackle fly-tipping, but it is the responsibility of local councils to use all the powers and tools available to them. Last year we gave councils in England the power to issue fixed penalty notices for small-scale fly-tipping. More than 56,000 such notices were issued against fly-tippers last year, and more than half of all local authorities have implemented the new fixed penalty notices since they were introduced in May 2016.[Official Report, 7 December 2017, Vol. 632, c. 6MC.] I would again encourage all local authorities to implement them, in order to have a more proportionate and efficient alternative to prosecutions. We also recently enhanced the powers for local authorities and the Environment Agency to search and seize the vehicles of suspected fly-tippers. The number of such vehicles that authorities have seized has increased by 38% since the powers were introduced.

My Department chairs the national fly-tipping prevention group, which met today at Keep Britain Tidy’s headquarters in Wigan, and one of the items on the agenda was fly-tipping on rural land. The group brings together a range of organisations across central and local government, the police, the waste industry and major landowners, such as the Country Land and Business Association and the National Farmers Union, to tackle fly-tipping across England. In this forum they share experiences and best practice. It publishes case studies and guidance on its website, which have been pulled together by group members and shared with a wide audience across the country. It is our intention to continue to use best practice to crack down on this.

We want to enhance local-level partnership working and strong collaboration between local authorities and other agencies, such as the Environment Agency and the police, and involve local landowners and communities. This is essential to the tackling of fly-tipping. The value of those organisations working together is far greater than the sum of their parts. I will take away and follow up with the Department for Transport the point about evidence and the issue of the DVLA sharing data. It is absolutely key that we do that. We have seen some really good examples of partnership working. In Hertfordshire, the police and crime commissioner has enabled the county council to set up an effective group that is starting to see results. We continue to work through the national group to share best practice.

I am particularly aware of the difficulty that fly-tipping poses to the farming community. As I have said, any type of fly-tipping is unacceptable, and it is absolutely key to prosecute fly-tippers and recover the clearance costs where possible. We also need to make sure that councils provide advice and guidance on measures that can be taken to prevent further fly-tipping. We are working with the NFU and the CLA to increase the reporting of fly-tipping on farmland. That will help local councils to better target their enforcement efforts.

I welcome the CLA’s five-point action plan to tackle fly-tipping. My Department is already taking forward most of the CLA’s points. As I have already mentioned, we are reviewing sentencing, promoting partnership-working and considering a potential penalty notice for householders whose waste is fly-tipped. The NFU’s recent rural crime report, which covered the prevention of fly-tipping, was a welcome addition to the work in this policy area.

The increase in fly-tipping incidents shows that we cannot be complacent about fly-tipping and that we still need to do more to tackle it. The drivers of fly-tipping are varied, and we need tackle it on a number of fronts. As part of the resources and waste strategy, we will develop a strategic approach to further tackle fly-tipping and all elements of waste crime. As part of that, we will review the waste carriers, brokers and dealers regime to do more to try to ensure that those who are part of that trade fully understand their duties and responsibilities and do not fly-tip waste while acting under the veil of legitimacy. We will explore how extended producer responsibility might help to decrease fly-tipping, and we are absolutely clear that we want to enforce appropriately the regulations on waste electrical and electronic equipment.

As I said, we are working with various organisations to tackle fly-tipping. I attended the waste crime industry roundtable earlier this year, and we will continue that engagement. This has been an important debate and I am happy to meet hon. Friends to discuss this matter. I assure them that the increase in incidents to more than 1 million a year is a clear indication that we need to do more, and we will, so that our beautiful countryside can be enjoyed by future generations.

Question put and agreed to.