Combined Sewer Overflows
Debate between Thérèse Coffey and Matthew Offord(7 months, 3 weeks ago)
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Dr Coffey
I will say that we set up the OEP, we will comply with the information notice it has requested and then we will see where its decision goes from that. It is important that that institution continues to have the freedom we gave it; we will continue to respect that and to comply with its notices, as set out under the statute.
Dr Matthew Offord (Hendon) (Con)
The water Minister and I regularly visit a beach that has been subject to several environmental spills this August. When I checked at the site, it was a storm overflow and not a combined sewage outlet. Given that there was not enough rainfall to constitute an exceptional amount, can the Secretary of State advise me why the Environment Agency has not taken enforcement action against South West Water and all the other water companies that are spilling sewage when there are no exceptional circumstances?
Dr Coffey
I understand from my hon. Friend the water Minister that the Environment Agency is currently investigating the source of the pollution to help with its investigation.
Exiting the European Union (Consumer Protection)
Debate between Thérèse Coffey and Matthew Offord(5 years, 2 months ago)
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Dr Coffey
The costs are still going to be significant for administering our own chemicals system in future, but I can assure my right hon. Friend that the safety standards will be consistent and, indeed, we will continue to learn from ECHA in future. As he will be aware, in the future economic relationship that has been put forward through the political declaration, and in ongoing statements by my right hon. Friend the Prime Minister, we would seek to become an associate member of ECHA in future to share these things in order to try to reduce or mitigate some of the challenges that people like Rolls-Royce are anticipating. But that is not yet an agreed matter, and it is important that the Government set before the House appropriate regulations to make sure that we have that continued safety of chemicals.
Before I explain the provisions further set out in the SI, I want to emphasise that we are absolutely keeping the fundamental approach of REACH, with its aims of ensuring a high level of protection of human health and the environment, as well as enhancing innovation and competitiveness. The building blocks of REACH will all remain: industry’s primary duty to understand the hazards and risks of chemicals and to ensure safe use, all tied to the principle of no data, no market; registration by industry of the chemicals it produces and places on the market; dossier evaluation by the regulator of at least 5% of registration dossiers to check compliance and quality, exactly as ECHA is expected to do today; and substance evaluation, which is investigation by the regulator of outstanding concerns about a chemical often leading to a requirement on industry to fill the knowledge gaps. The UK has been responsible, through ECHA, for making sure that there have been 24 evaluations—for example, of the chemical climbazole, which is used in anti-dandruff shampoos but is suspected of causing feminisation in fish. Then there is the authorisation process that forces industry to apply for and justify continued use of substances of very high concern. Finally, there is restriction of the most dangerous chemicals where unacceptable risks remain.
On the definition of duty holders, article 3 of schedule 1 of the statutory instrument changes the definitions of the various industry duty holders so that they refer to the United Kingdom rather than the European Union. Obviously, this is a simple change, but essential. Without it, UK industry would have no duty to ensure the safe use of the chemicals it produces and uses.
UK REACH will continue with an independent regulatory agency to carry out a central role with a range of technical, scientific and administrative functions—the role that is currently carried out by ECHA. The statutory instrument allocates this role to the Health and Safety Executive under article 2A of schedule 1. The HSE will receive industry’s registrations of chemicals. It will make many technical decisions itself—for example, in dossier and substance evaluations, as well as in scrutinising authorisation applications and making scientific recommendations on restrictions. This builds on the HSE’s existing activities as the UK competent authority for REACH. At the same time, the Environment Agency and the devolved environmental regulators will have the role of providing the advice that the HSE will need on environmental matters, as set out in article 2B of schedule 1.
The HSE, as the UK agency, must also draw on independent expert scientific advice when developing its opinions on restrictions and authorisations. This will add to the robust evidence and analysis underpinning its opinions. We expect the HSE to obtain external advice, but there may sometimes be reasons why it does not feel it needs to do so, such as where ECHA has already published a robust opinion on a chemical. In such cases, where the HSE decides not to take further scientific advice, it must publish its justification, as set out in article 77. Finally, appeals against the HSE’s decisions will be heard by an independent body, the first-tier tribunal, as set out in article 91.
Dr Matthew Offord (Hendon) (Con)
The Minister will be aware that I have some concern about the REACH regulations after we leave the European Union, but I am aware that we are talking about the statutory instrument and how it affects the United Kingdom leaving the European Union. She said in response to one of my written parliamentary questions that she wishes to have associate membership of REACH. Although I am not convinced that can actually happen, can she provide me with some kind of reassurance that the Environment Agency currently has the capability to ensure that compliance will continue after we leave the European Union?
Dr Coffey
I am conscious of my hon. Friend’s desire to have an ongoing relationship with ECHA. As I have already set out, that is the Government’s desire, too. The Environment Agency is recruiting an extra 10 staff, and the HSE will be taking on an extra 35 to 40 people to help fulfil the functions it already undertakes today. My understanding is that we have estimated the future cost of running UK REACH to be about £13 million a year. By way of comparison, ECHA itself costs about £80 million a year to look after 28 member states. That is why we believe that we are putting in the necessary resource to make sure that the HSE, the EA and, indeed, other regulators are able to play their part.
Dr Coffey
No, I do not need to give way on that point.
One way or another, the Government will have the information they need to ensure that we have a safe system.
As my right hon. Friend the Member for Wokingham (John Redwood) set out, REACH places a registration duty on importers of chemicals. This will be new for companies that import from the EU or the European economic area, as they are currently covered by their supplier’s registration. That is why we are giving them a two-year grace period, which will give them time to adapt and will protect supply chains. In the meantime, they must send information to the agency within 180 days to provide assurance that they know how to manage the chemicals safely—that is set out in proposed new article 127E in schedule 2. We will keep both two-year deadlines, for grandfathering and for downstream user registrations, under review.
Dr Offord
I am grateful to the Minister for taking interventions, which we are seeking to make because we have specific questions on which she can provide us with advice. Is it the Government’s intention, post-Brexit, to update regulations in compliance with REACH to ensure that the two systems work side by side?
Dr Coffey
In effect it will be for the HSE, as the regulator, to make decisions on each level of the process. I have no reason to doubt that the HSE and ECHA will have similar principles in how they go about this. We are not seeking a change in any policy to move away from the REACH process.
It is fair to say that the UK has been trying to get some chemicals restricted much more quickly than ECHA and other EU member states have sought, so there may be opportunities to move more quickly on some of these matters. Again, it will be a judgment call for the HSE on whether to make that recommendation to the Secretary of State.
As for stakeholders, we held a series of informal briefings last summer at which we outlined the proposed regulatory approach, and representatives from the chemicals sector and beyond and other stakeholders, including non-governmental organisations and scientific societies, came to those briefings. Since then, we published a technical notice in September and additional guidance in December and continued with more stakeholder engagement to explain in detail what UK REACH is and what it means for industry. The House will also be aware that I invited MPs, particularly those with chemicals companies in their constituency, to attend briefings.
I recognise the concerns about why businesses have to submit data to the HSE when they have previously registered with ECHA and the potential costs involved. Such concerns were also expressed in the report by the Secondary Legislation Scrutiny Committee in the other place. As the Government said in the White Paper, we want a strong deal under which the UK will continue to participate fully in EU REACH and the work of the ECHA. The impact assessment considered the question of data in detail, and the Regulatory Policy Committee stated that the assessment used a proportionate level of evidence to support estimates of the impacts, including impacts on business. We should not expect a repeat of the costs of complying with EU REACH. For example, businesses that have already invested in putting together the EU registration dossier will not face administration costs again.
To be clear about the importance of information. The “no data, no market” principle is fundamental to REACH, and we will not weaken that in any way. It underpins effective chemicals management by both industry and the regulator. We cannot rely on the fact that such data has already been sent to ECHA. It is simply not correct to say that a chemical is deemed to be safe once it has been registered under EU REACH. Registration is how a company shows its understanding of the hazards and how to control the risks, but it does not mean that ECHA and other regulators have approved that chemical or endorsed it as safe.
ECHA will not evaluate the UK dossiers that it received for the June 2018 deadline. ECHA has also stated that, in the majority of dossiers it opens for evaluation, it needs to follow up with requests for important safety information on chemicals, meaning that the company’s safety measures may also not be adequate. Only the UK agency will be able to provide the assurance that chemicals are safely managed in the UK. To give a sense of scale, we will be grandfathering over 12,000 registrations into UK REACH—35% of them from 2018—representing 5,700 chemicals. Looking forward, we would then expect 50 to 100 new chemicals to be registered each year. We have much less understanding of how many notifications there will be for chemicals imported from the EU, because there is currently no duty to report that information in most cases. That emphasises the importance of the notification process so that we know what chemicals are being used in the UK.
REACH is one of the largest and most complex pieces of EU legislation and Members and others have rightly wondered how we would transfer it into UK law. I am confident that the provisions in these regulations mean that we will continue to ensure the highest levels of protection for human health and the environment, based on robust evidence and strong scientific analysis.
Global Biodiversity
Debate between Thérèse Coffey and Matthew Offord(7 years, 6 months ago)
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Dr Coffey
Which I am sure is why the hon. Lady will welcome our strategy to tackle the matter.
As referred to extensively, last week WWF and the Zoological Society of London published the “Living Planet Report”, which included specific data and conclusions about the direction of travel and certain species being in decline. That is clear, but we need to be slightly cautious in extrapolating to a global scale from the detail of specific datasets in the report.
Biodiversity loss is a global problem that needs a global solution. Through schemes such as the Darwin initiative and the international climate fund, the UK supports projects that directly help developing countries to protect their biodiversity. Over the past 12 months, we have seen the agreement of a range of measures at international level, from the adoption of the Paris agreement on climate change last December, to which the hon. Member for Falkirk (John Mc Nally) referred, through to last week’s agreement to create the world’s largest marine protected area in the Ross sea in the Antarctic. As part of that landmark decision, countries also agreed to a proposal by the United Kingdom to protect areas after ice shelf collapse and retreat.
The global community has adopted targets to drive action on key areas of concern, most recently in 2010 under the convention on biological diversity, on which my right hon. Friend the Member for Meriden was herself instrumental in reaching a final deal. Last year, those targets were reflected in the global goals for sustainable development. At the CBD meeting in December, we will hear that while there has been significant progress towards some of the 2010 targets, without further action many will not be achieved by 2020. The UK’s core aim for the meeting is to promote effective international action to halt the loss of biodiversity. We will work to agree strategic actions to mainstream biodiversity across other sectors, as well as to gain recognition for the important links between biodiversity, climate change and the global goals.
Our scientific expertise is globally recognised. UK scientists led the vital assessment of pollinators that will be presented to the CBD meeting and that provides the evidence to end up in international action. As we have heard, the December meeting will centre on the theme of mainstreaming, which is about taking on an integrated approach and putting conservation in the broader context of long-term prosperity and sustainability.
Our 25-year environment plan will help us to achieve mainstreaming in the United Kingdom—certainly in England and perhaps in other parts of the United Kingdom—and will put in place the foundations to ensure that everyone has the chance to become responsible stewards of the natural environment.
To answer Members’ specific direct questions, it is not possible for Ministers to attend all such meetings, which means that it is necessary to take strategic decisions about whether to attend. I confirm—I have already made this clear to the House in other ways—that a Minister will not be going to Mexico this December, but a considerable amount has already been achieved and our officials are clear about the levers that they can pull to achieve our strategic objectives.
Dr Coffey
No, I will not. There is an option for a PPS to accompany a Minister, but PPSs are not Ministers and therefore cannot represent the Government in that way.
I will give some examples of levers that can be pulled. DEFRA has invested £140 million of international climate finance and committed a further £200 million to forestry projects that protect the world’s most biodiverse rain forests. For example, in Brazil, which is home to 12% of the world’s forests, our investment is protecting biodiversity by helping farmers transition to low-carbon technologies. By working with other Departments, such as the Department for Business, Energy and Industrial Strategy and the Department for International Development, we can deploy international climate funding as part of our climate change efforts, which help biodiversity.
I assure Members that the Government take global biodiversity loss seriously, as demonstrated by the strong UK presence at several significant international meetings this year that have addressed that subject. Between September and December, there will have been four major international meetings: the Convention on International Trade in Endangered Species meeting, the International Union for Conservation of Nature and Natural Resources congress, the Vietnam conference on the illegal wildlife trade, and the CBD meeting. DEFRA will continue to be a strong influence at those meetings.
I attended the CITES meeting and the Secretary of State will attend the IWT meeting later this month. At CITES, we adopted measures that will protect critically threatened species such as pangolins, opposed the resumption of commercial trade in ivory, adopted enhanced global rules on hunting trophies—the hon. Member for Bristol East (Kerry McCarthy) correctly pointed out that that is about much more than just the iconic big animals—and in particular made groundbreaking moves on rosewood. I learned at the conference that more than two thirds of what CITES protects is flora rather than fauna. While in South Africa, I visited Kruger park specifically to see UK Government-funded tracker training to help stop rhino poachers. [Interruption.]
Business of the House
Debate between Thérèse Coffey and Matthew Offord(8 years, 1 month ago)
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Dr Matthew Offord (Hendon) (Con)
One sixth of all accidental deaths of children under the age of four are drowning-related, nearly twice the number for children of the same age who die as a result of fire. May we have a debate to commend the efforts of the Royal Life Saving Society UK and its work to prevent drowning, and also to ask the Government how they can support quality water safety education being delivered in all schools throughout the United Kingdom?
Dr Coffey
My hon. Friend is vice-chair of the all-party group on water safety and drowning prevention, and I commend him for his work. Swimming and water safety are part of the national curriculum for physical education at a primary level and the Government’s sport strategy, which was published in December, included a commitment to establish a working group to advise on how to ensure that no child leaves school unable to meet a minimum standard of capability and competence in swimming. I expect the working group to be established in the near future and to report by the end of this year.