Environment Bill

Tim Loughton Excerpts

Wednesday 20th October 2021 Commons Chamber

[Aaron Bell (Newcastle-under-Lyme) (Con)]

I associate myself with the points of order from my hon. Friend the Member for Lichfield (Michael Fabricant) and the right hon. Member for Leeds Central (Hilary Benn). May I also briefly pay tribute to Sir David Amess and James Brokenshire for all their many decades of combined public service? I think it is fair to say that in both cases, it was always service with a smile.

It is a pleasure to follow the right hon. Member for Leeds Central. I rise to speak to Lords amendment 3, as did the Chair of the Select Committee, my hon. Friend the Member for Tiverton and Honiton (Neil Parish). A number of my constituents have understandably raised this amendment with me, given the terrible experience that we are still having in Newcastle-under-Lyme with the emissions from Walley’s Quarry. It is clear from the experience of my constituents, particularly those nearest to the quarry in Silverdale, Knutton and Poolfields, that poorer air quality has a profound effect on the physical and mental health of a community. The predominant concern with landfill gas is obviously hydrogen sulphide, but there is also methane, sulphur dioxide and particulate matter, which is the source of the amendment.

I thank the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Taunton Deane (Rebecca Pow)—the previous waste Minister—for her engagement on this issue throughout. I also thank the shadow Minister, the hon. Member for Newport West (Ruth Jones), for her engagement and for coming to Newcastle-under-Lyme. This is not a party political matter and it has not been treated as such in the community; it is a matter of justice for the residents who are suffering so terribly. I welcome the new waste Minister, the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Bury St Edmunds (Jo Churchill), to her place, and thank her for her promised visit to Newcastle-under-Lyme, which I am sure will be arranged shortly through her diary.

Lords amendment 3 would require the PM_2.5 air quality target to be less than 10 micrograms per cubic metre before 1 January 2030 and to,

“so far as practicable, follow World Health Organization guidelines”.

I firmly believe that we must improve air quality in all its senses as soon as possible, but I thank the Department for its engagement on the issue. Like the Chair of the Select Committee, I accept the Government’s view on the amendment—that is, that rushing to put targets in Bills in unwise and consultation is needed. I think that consultation is needed for two reasons. First, any target needs to be fully evidenced and deliverable, because, as we have already seen experienced elsewhere, there is not much point putting targets into law that we do not think can be delivered. Secondly, the target has to be widely accepted by the public and business. We have to take our constituents with us on all elements of this agenda. We saw yesterday with the heat and buildings strategy that a number of people are not that willing to make the sacrifices that might need to be made. That is why the Government have to take into account the sacrifices and changes that we are going to ask people to make if we are to make our lives greener and better.

As DEFRA’s own report after a workshop on modelling PM_2.5 concentrations says, there is quite a lot of difficulty in accurately modelling where we are going to be five or 10 years from now on a range of different policy scenarios in relation to emissions reductions. It is clear that the vast majority of the country will be well below the 10 microgram per cubic metre limit, but the report also identifies that primary emissions of fine particulate matters in urban areas such as that of my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) will remain an important factor. There is considerable uncertainty on the future trajectory, but it might mean removing up to half of all cars from roads, including electric vehicles, as well as potentially a ban on solid fuel burning. This may be what some Opposition Members think is necessary, but it would be a very significant change to our way of life. It would necessitate action from all parts of society—individuals, businesses and public bodies—to manage that transition. It is not something that should be taken lightly and without due consideration. We have to take our constituents with us on these things, rather than putting impressive-sounding but unachievable targets into law.

All that said, I do welcome the Government’s commitment, as the Minister said, to a swift and thorough consultation on these matters. I hope that as part of the target-setting process she promised will take place in the coming months, sufficient consideration will be given not only to health in the literal sense but to mental health and a wider sense of wellbeing in terms of air quality. The experience we have had in Newcastle-under-Lyme is not just that there has been an effect on people’s physical health, particularly on those with pre-existing conditions, but that living with the odour has definitely impacted my residents’ mental health, and again it has been worse for those with pre-existing conditions.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I was going to speak on the targets issue but in the face of the time available I am not. On the question of air quality, I entirely agree with my hon. Friend. Without wanting to over-egg it, there is an issue about the lack of monitoring equipment. In my own authority, it turns out that the air quality monitoring equipment in certain areas has not been functioning properly for the past three years; it has been giving out false readings. It is really important that we have quality data that people can have confidence in so that we can take them with us that air quality is actually improving. Perhaps, through him, the Minister can take that on board.

[Aaron Bell]

I thank my hon. Friend. I could not agree more about data. I used to work in data before I was in this place. My experience with landfill was that once we got the monitoring stations around there, people would start to have more faith in the data. It is still not real-time and that needs to be addressed. However, I appreciate that that is not speaking directly to the amendment, and I think Madam Deputy Speaker wants me to wrap up.

When the Minister does the consultation, I ask her to look more broadly at the issues of odour and hydrogen sulphide, as well as limits on those, and perhaps to look at some of the suggestions I made in the ten-minute rule Bill on odorous emissions in the previous Session. What we have gone through in Newcastle-under-Lyme is an exemplar because it is about something people can smell rather than something they are breathing. There are lessons for us to learn from that and lessons that DEFRA can take forward in its consultation.

--- Later in debate ---

[Madam Deputy Speaker (Dame Eleanor Laing)]

There are five hon. Members seeking to catch my eye and I propose to call the Minister soon after 7 o’clock, therefore the arithmetic can be done. If everybody takes two to three minutes, they will all get in, but if not, some people will not be called. That is not up to me; it is up to all of you.

[Tim Loughton]

I wanted to speak on interim targets in the first group of amendments, but given the time constraints, I have saved myself for sewage. I rise to support the Duke of Wellington’s amendment, which is the most important amendment we are faced with this evening.

I acknowledge that this is a landmark piece of legislation. I congratulate the Minister on the way that she has listened and on the length that she has gone to on the sewage issue. Frankly, however, when it comes to sewage discharge, my constituents do not want another taskforce, an aspirational target, or a discretionary duty of care. They do not even want more consultation. They just want a legally enforceable obligation on our water companies to stop them routinely discharging raw sewage into our rivers and seas. That is the bottom line.

The Bill, as it is framed, does not go far enough. Without that legal obligation, water companies can still cause harm by their sewage discharges and there is no guarantee of any immediate action to tackle sewage pollution. I shall be supporting the Duke of Wellington’s amendment because my constituency has a coastline with some of the best kitesurfing in the country at Lancing, because I support Surfers Against Sewage, and because I am a coastal MP for a constituency where we have had many instances of discharge.

I am afraid that we are served by Southern Water, which is the worst offender. Although the new management have made great progress from all the illegal cases of discharge that went on, for which they have been handsomely and quite rightly fined, it is still happening too much on a routine basis. I support the private Member’s Bill brought in by my right hon. Friend the Member for Ludlow (Philip Dunne), as did the Minister, so why are its provisions not in the Bill if the Government are serious about this?

Storm discharges are happening far too often. I understand the implications of extreme weather conditions and that, if we do not do something about it, we will have sewage popping up from under manhole covers and into people’s homes and gardens, but we should be doing more about increasing capacity to deal with those events, and I am afraid it is just not happening. We are talking not just about raw sewage, but about primary treated sewage, which is still doing a lot of harm when it gets out. This can only get worse with the huge house building pressures that we have in the south-east in particular. The pressure is going to get greater, but I am afraid that the capacity to deal with it is not increasing at a commensurate rate. The requirements on sewage companies to do a clear-up when there have been discharges are not nearly tough enough.

People have had enough of this. We are weary of excuses about learning lessons, and about how a certain company is going to do better in the future and has no greater priority. The amendment needs to send out a strong message to put water companies on no uncertain notice that enough is enough and that there will now be a legally enforceable obligation to do far more, taking all reasonable steps to ensure that untreated sewage is not discharged from storm overflows and proactively demonstrating that they have done so. They must show that they have improved the sewerage system, with the Government and their agencies bringing all their forces to bear to make sure that they abide by that, and that when they do not, they are properly punished. That is the minimum our constituents should expect. I hope that is what the Duke of Wellington’s amendment actually achieves. It is what my right hon. Friend’s private Member’s Bill would have brought in, and I urge the Government to think again about that.

[Caroline Lucas]

I will be brief, but I will simply continue this theme about Lords amendment 45, which, as many hon. Members have said, simply does not go far enough. I pay tribute to the right hon. Member for Ludlow (Philip Dunne) for all his work on this and for his chairing of the Environmental Audit Committee, where this has been such a key issue for us.

One of the reasons why I want to speak about this follows on from the hon. Member for East Worthing and Shoreham (Tim Loughton), because I too have Southern Water in my constituency and, frankly, its record has been abysmal. In July, it was ordered to pay a record £90 million fine after an investigation by the Environment Agency found that it had caused almost 7,000 illegal sewage discharges between 2010 and 2015, which lasted a total of 61,000 hours—the equivalent of over seven years. What is shocking about that is that these discharges were happening not by accident, but because Southern Water knew that the penalties were not serious enough to deter it from doing it. That is the real concern. That followed its being fined £3 million in 2019 and ordered to pay back £123 million to customers to compensate for serious failings in the sewage treatment works and deliberately misreporting.

There is a major issue here. It has affected my constituency, where back in 2019, over 50 discharge notifications were issued in Brighton and Hove, whereas in 2020 absolutely none was issued at all. Essentially, the system is not working properly. We need to have the legal duty that was in the Duke of Wellington’s amendment. Without that, there is essentially nothing to compel water companies to take immediate action to tackle sewage and pollution. That legal duty is in line with the Government’s stated ambition, and I do not understand why they will not put it in the Bill.

Briefly, I also support Lords amendment 43. Others, including the hon. Member for Rochdale (Tony Lloyd), have made a really powerful case for why that matters so much. I simply want to put on the record as well that I was disappointed that Lords did not uphold their previous support for protecting rural residents on the issue of the impact of pesticides on human health, because that is a big exposure problem too.