INSPIRE (Amendment) (EU Exit) Regulations 2020
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 8 months ago)
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Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I am grateful to the Minister for his introduction to this statutory instrument. On first reading it, I fear I did not understand what it was all about. I am grateful to the Library for the briefing it provided, which greatly assisted my understanding.
Like the majority of statutory instruments, this is a transference from EU law into UK law and makes little difference to how the country will operate post Brexit. In this case, data sharing is key to environmental planning. As this data is already collected, it may not add an additional burden to those who collect the data.
INSPIRE—the Infrastructure for Spatial Information in the European Community—is basically a data collection methodology. Regulation 2 provides for the common provision of monitoring and reporting. Proposed new article 2.2, to be introduced by Regulation 2(2), states:
“The appropriate authority shall make all results of monitoring in accordance with regulation 14(3)(b) of the INSPIRE Regulations … accessible to the public on the internet or using other appropriate means of telecommunication.”
That is to be welcomed, but just how easy is it for the public to access this information? Do they know that the information is there?
As the Minister said, INSPIRE was established in 2007 and requires public bodies in EU member states to produce certain datasets. The publication of this data is intended to improve environmental decision-making by government. Proposed new article 9, to be introduced by Regulation 2(9), covers the publication and updating of summary reports. Proposed new article 9.1 states:
“By no later than 31 March 2021, the appropriate authority shall publish a report containing summary descriptions of … how public sector providers and users of spatial data sets and services and intermediary bodies are coordinated, the relationship with third parties and the organisation of quality assurance … how the infrastructure for spatial information is used … how public authorities share data … the costs and benefits”,
et cetera.
All this is extremely interesting and important. Can the Minister say who these public bodies and public authorities are? Who is likely to want to access this information? Is it local authorities, the police, the fire service or the NHS? Who are the appropriate authorities collecting the information—and for whom, if not for their own purposes—in terms of environmental planning? The noble Baroness, Lady McIntosh of Pickering, asked a similar question. Accident statistics for highway improvements and data on river catchment areas to assist with flood alleviation are obvious targets. There is reference to charities. Can the Minister say which charities are required to collect this type of data?
The Explanatory Memorandum tells us:
“This instrument corrects deficiencies that arise in the INSPIRE Regulations 2009 … This instrument also amends The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019 [1350/2019] to address deficiencies that arise from the amendments to the INSPIRE Directive.”
The Minister referred to that. However, neither he nor the Explanatory Memorandum says what those deficiencies are. Can he tell us what the deficiencies were and how this SI will improve the outcomes?
The Government have not produced an impact assessment for these regulations. However, they have said that they would not have a
“significant impact on business, charities or voluntary bodies”
or the public sector
“as existing regulatory standards have not changed.”
Can the Minister reassure us that the changes will result in fewer rather than more bureaucratic burdens?
I note that both the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee looked at this SI and have no concerns. I therefore feel I should be content to agree to its passage, but I would be grateful if the Minister could answer some of my queries.
Tree Planting
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 9 months ago)
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Lord Goldsmith of Richmond Park (Con) [V]
There are many reasons. First, the noble Lord is right: Scotland is doing its bit. It is planting at a much higher level than we are seeing elsewhere. Scotland retains that ambition and it is a very good thing. The England tree strategy that was launched, the consultation part of which comes to an end in a week’s time, is clearly about England and not the whole United Kingdom. But we know that to deliver that manifesto commitment, which is a UK-wide commitment, we will need to work closely with the devolved areas and will certainly do so. Whatever lessons can be learned from Scotland, we will learn them.
Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, the Woodland Trust estimates that there are at least 20 non-native pests and diseases affecting native UK trees, six of which it says have reached epidemic levels, and a further 11 diseases that have not yet reached the UK. Can the Minister reassure the House that the Government have a robust strategy for ensuring that these diseases do not reach our shores and decimate our native trees?
Lord Goldsmith of Richmond Park (Con) [V]
This is a priority area for Defra, a department that I belong to. Yes, we are seeing increasing numbers of threats to our native trees. The whole country is aware of ash dieback and we expect a very large number of our ash trees to be infected and die. The good news is that they will not all die; we expect up to 5% of those trees to have a natural tolerance, so the UK Government are funding research into future breeding programmes for tolerant trees. We are also conducting the world’s largest screening trials and will plant the first of the tolerant trees this year. That is just part of our biosecurity focus in Defra and our plans to stave off the threat of tree diseases from this country.
Biodiversity: Aichi Targets
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 10 months ago)
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Lord Goldsmith of Richmond Park [V]
As far as we can see, the postponement has not damaged the agenda, in the same way that our being given a few extra months to deliver the climate clock at the end of next year has given us more time to build up more coalitions to drive greater ambition and to push a much more radical agenda than I think we would have been able to had we been required to deliver to the old agenda. I very much hope that the same dynamic holds true for China’s hosting of the biodiversity COP half way through next year. The UK is working closely with China to ensure that the strongest possible framework is agreed. We are also keen that a bridge should be built between the biodiversity and climate COPs, as we regard a success for one as having a direct impact on the other and vice versa.
Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, target 13 is on the genetic diversity of farmed and domesticated animals. Strategies should be implemented for safeguarding their genetic diversity. However, published figures show a decline of some native animal breeds—pig breeds decreased from 170 in 2000 to 152 in 2018 and horse breeds from 178 in 2000 to 117 in 2018. What are the Government doing to ensure that a proper strategy is developed to meet target 13?
Lord Goldsmith of Richmond Park [V]
There is no doubt that monoculture is the greatest friend of pandemics and disease and that biological diversity is the greatest buffer and hedge against instability and the kind of dangers that we have seen materialise in recent months. Although the details remain to be worked out at the finest level, we are shifting from the common agricultural policy, where payment is based pretty much on the amount of land turned into farmable land, to a new system of environmental land management that rewards farmers on the basis of their delivery of a public good. That includes environmental stewardship, management of land to slow the flow of water and diversity of species. I very much hope that this move to ELM, which is a world first, will deliver the kind of results for which the noble Baroness asks.
Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 10 months ago)
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Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, the ban on single-use plastics—plastic straws, cotton buds and stirrers—has been debated in this Chamber on many occasions since autumn 2018 when the Government first started their consultation on it. In May 2019, the ban was confirmed by the Government. Since then we have had numerous debates in which my noble friend Lady Parminter and I have taken part and supported the measure.
In these debates, the noble Lord, Lord Gardiner of Kimble, as Minister, proudly reiterated that the ban on plastics was a prime example of the Government’s commitment. I have no doubt that he was sincere in that. The Minister now before us was in the other place when the noble Lord, Lord Gardiner, was giving us these reassurances. However, I have no doubt about the present incumbent’s commitment to the wish to see all plastics removed from our countryside. I welcome his introductory remarks. In England, an estimated 10% of cotton buds are flushed down toilets and can end up in waterways and oceans, threatening precious marine life.
There are exemptions to the ban for people with medical conditions and disabilities. Registered pharmacies will be allowed to sell plastic straws over the counter or online. For reasons I do not understand, pubs and catering establishments, although not displaying plastic straws, will be able to provide them if asked. These could easily be made of paper.
This ban was consulted on, went through all the processes of legislation and became law in May 2019, to be implemented by April 2020. However, here we are today debating moving the implementation date to October 2020. The deadline had already passed. It is over a year since the Government introduced the ban, and the compliance date was well trailed with the industry. The straw manufacturers and those making cotton buds have had plenty of time to comply. It is easy for the consumer to purchase non-paper plastic-stem cotton buds and paper straws. When we buy a cup of coffee, we can use the wooden stirrers provided.
Many noble Lords have made valuable contributions and important points supporting banning plastics on a much wider scale. I support all their arguments, but this could have already been done. Along with banning microbeads in wash-off cosmetics, the subjects of this SI are but a drop in the ocean of the plastics we need to remove from our environment. It is disappointing in the extreme that the Government are backtracking on their commitment.
Therefore, I am left with only one answer to why the Government have decided to postpone the implementation date, and it has absolutely nothing to do with Covid-19. One of the major producers of these products has done nothing to move its business forward and has put pressure on the Government to move the implementation date. I have only one question for the Minister. Which of the major companies that produce plastic straws, cotton buds or stirrers was unable to meet the Government’s deadline of April 2020?
Fly-tipping
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 11 months ago)
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Lord Goldsmith of Richmond Park [V]
We recognise that, as a consequence of a lot of the initiatives that are coming in on the back of the Environment Bill and the waste strategy, there will be greater pressure on local authorities to recycle. We will therefore require them to have a more consistent approach—for example, with a guaranteed collection of a wide range of recyclable products. Although we recognise that local authorities will need to scale up, we are also committed to ensuring that they will not face an extra cost as a consequence of that legislation. Therefore, whatever the additional cost to them, it will be recouped either from the producers of waste or from central government.
Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, since the advent of lockdown, there has been, as others have said, an increase in fly-tipping. Although local authorities are now able to open HWRCs, some have chosen not to, and those that are open will not take garden waste. Will the Minister now put pressure on local authorities to ensure that garden waste is accepted at HWRCs so that it is not dumped in our countryside?
Lord Goldsmith of Richmond Park [V]
As I said earlier, there has been progress in reopening facilities and the vast majority have now reopened. But we recognise that, for a whole host of reasons, local authorities are heavily stretched as a consequence of the impact of Covid-19. That is why the Government have announced £3.2 billion of additional funding to support them in responding to the pandemic, including in the core services that they provide in relation to the collection, processing and removal of waste. In addition, Defra has published guidance for local authorities on the prioritisation of waste collection services and managing household waste recycling centres.
Food and Drink: Waste Prevention
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 11 months ago)
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Lord Goldsmith of Richmond Park [V]
This is very much a concern for Defra and it is a priority area. As noble Lords will know, since the 5p charge was introduced, we have reduced the annual use of single-use plastic carrier bags by over 7 billion. We have launched the groundbreaking Commonwealth Clean Ocean Alliance. From October, there will be a ban on the sale of plastic straws, cotton buds, stirrers and so on. Further, our landmark Environment Bill is designed to shift the emphasis towards producer responsibility. It includes powers to charge for single-use plastic items, introduce deposit return schemes and manage the export of plastic waste.
Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, many publicans shut up shop once the restrictions were announced and are fearful that their businesses will not survive. Others began popular takeaway services and are buying only in limited supplies, including real ale, to meet the weekend demand. Some have taken the opportunity to redecorate their premises—something unthinkable during normal trading. Some wholesalers are offering a scheme whereby they collect out-of-date barrels and offer a replacement once pubs have reopened. Does the Minister agree that allowing pubs with gardens to reopen in July, ready for the summer trade, is vital not only for their well-being but for the mental well-being of the general public, who desperately need to socialise?
Lord Goldsmith of Richmond Park [V]
The Government absolutely share the concerns raised by the noble Baroness in relation not just to the pub sector but to almost all sectors of our economy. Clearly, we would like to return to vaguely normal conditions as soon as we safely and possibly can. The difficulty with assessing each and every premises on its own merits is that that prevents us looking at the cumulative effect of opening up seemingly safe premises across the board. The Government as a whole must add the cumulative effect of doing so and determine whether that takes us beyond acceptable safe limits. It is our hope that we will be able to return to normal as soon as possible, but we have to do so in a way that minimises the likelihood of a return to the heights of coronavirus.
Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2020
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 11 months ago)
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Baroness Bakewell of Hardington Mandeville (LD) [V]
I am here. Can noble Lords hear me?
Baroness Bakewell of Hardington Mandeville [V]
Thank you. My Lords, I too am grateful to the Minister for his extensive introduction to this statutory instrument. It is a great pity that we have not been able to hear from the noble Baronesses, Lady McIntosh and Lady Altmann.
I feel certain that in 2013, when this instrument was first introduced and approved, it was envisaged that all relevant infrastructure projects would have been completed by the time we reached the sunset clause date. However, as we all know, an awful lot has gone on in the intervening years and infrastructure projects are not the fastest to be delivered.
Like my noble friend Lady Scott of Needham Market and the noble Earl, Lord Erroll, I would like to know why the sunset clause was introduced in the first place. As the Minister said, the SI introduced in 2013 was due to expire after seven years, on 27 June this year, with a five-year review period. It was to operate across the English/Welsh border, with customers in Wales being provided for by an English undertaker. I accept entirely that the devolved Administrations are able to deal with their own water infrastructure projects, but that was not always the case. There are large reservoirs in Wales—Lake Vyrnwy for one—which provide water to English authorities, and I know that Birmingham is grateful to Wales for providing its water.
In 2013, large and complex water projects were overseen by Ofwat, and that will be the case be in the future. I note that in future there will be no sunset clause, and I ask the Minister whether that is wise. As others have said, during the period since 2013, only one large and complex high-risk water or sewerage infrastructure project has been delivered—the Thames Tideway Tunnel project, referred to by the noble Lord, Lord Adonis—and this has not been without its problems.
As the Minister stated, during the five-year review in 2018, eight stakeholders were consulted and five responded: Ofwat, Thames Water, Bazalgette Tunnel Limited, BTL investors and the Consumer Council for Water. As a result of their positive responses, Defra decided to extend the 2013 regulations. The five-year review found that the legislation was effective and should continue. The protection of the capital investment of the undertakers has been seen to be effective and has reduced risk and costs, as mentioned by the noble Lord, Lord Moynihan.
The March 2020 consultation again included Ofwat, Thomas Water, BTL and the Consumer Council for Water, and, in addition, Water UK, the Environment Agency and the Drinking Water Inspectorate, plus sewerage and water companies informed via Water UK. This time, four responded: Ofwat, the Environment Agency, Thames Water and Affinity Water.
Future decisions will be made on a case-by-case basis. I am grateful to the Minister for listing the locations of the four major schemes likely to be considered in the coming years under this SI. That is extremely helpful, but it would also be helpful to know the timeframe for each scheme. Is he able to give us that information?
Water conservation is extremely important and reducing leakages is key to it. Like the noble Earl, Lord Caithness, I am not sure that a 50% target for leakages is sufficiently ambitious. Likewise, I am unclear whether water meters help to save water. I am not convinced that the one I have does that for me. I agree with the noble Lord, Lord Blencathra, that in future schemes rainwater run-off should be separated from sewerage and that better use should be made of this valuable resource. Avoiding some of the unpleasant aspects of the horrendous flooding that many areas have experienced is absolutely key.
Given that the last five-year review took place in 2018, when will the next review be? Will it be in 2023 or will it be five years from today’s date? Given that the SI consists of two lines, I congratulate the Minister and all speakers on their comments in this debate—I have been impressed by the level of detail. I am happy to support the removal of the sunset clause and to support this SI. I look forward to the Minister’s comments.
Air Quality and Emissions
Baroness Bakewell of Hardington Mandeville Excerpts(4 years ago)
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Lord Goldsmith of Richmond Park
The actions the Government are already taking are entirely consistent with the need to tackle air pollution, which is the most serious environmental health threat to humans. The clean air strategy which we published in January last year was praised by the World Health Organization as an example for the rest of the world to follow. One of its key commitments was that the Government would produce primary legislation on air quality. That request has been answered in the Environment Bill, which includes measures to improve air quality at its heart. It is the first Environment Bill for 20 years. It commits us to setting very ambitious targets for fine particulate matter, which is the pollutant of most concern to human health; it will give local authorities a clear framework and simple-to-use powers to address air quality in their areas; and it provides government with new powers to enforce environmental standards for vehicles. Of course, the Environment Bill goes far beyond issues such as air pollution. At its heart is a commitment that we should leave the environment in a significantly better shape than when we inherited it.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, as other speakers have said, we have seen that people who suffer from asthma and other respiratory conditions are having a holiday from their symptoms as a result of there being fewer cars and less traffic on the road and fewer planes in the air. The Minister said that he wants to the UK to be a world leader. It should be. It must be on climate change, and tackling climate change has to take precedence over economic recovery. Can the Minister assure us that he will press the Government to follow this route?
Lord Goldsmith of Richmond Park
That is a commitment that not only am I happy to make but that the Government as a whole can make. We do not believe that there is a choice between economic recovery and tackling climate change. Indeed, if we are to resolve the issue of climate change and broader environmental damage, it will be because we have reconciled economic growth with the reality that we live in a finite world where our impacts on the planet have direct implications for future generations. In my view, the choice between economic recovery and environmental action is a false one.