Flooding
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 3 months ago)
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Lord Goldsmith of Richmond Park (Con) [V]
The £5.2 billion is a record investment by any Government ever in relation to flood risk, but it is not going to be invested in isolation. The Government will shortly come forward with a tree strategy, backed up by a £640 million nature for climate fund. That tree strategy will lend itself in many different ways to help to reduce the risk of flooding. Land planted to trees in the right places can absorb water many times faster than land that is not planted to trees. We have a peat strategy, which has direct implications for flood prevention, and the flood strategy that I mentioned earlier. Combined, this suite of policies, backed up with significant investment, should be able to reduce the risk that the noble Lord has identified.
Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, flooding is becoming a way of life for many people. Flood Re, an insurance scheme for residents unable to get flooding insurance through usual means, has been running for several years. Do the Government use the information on the frequency of Flood Re claims to prioritise where flood defence budgets are spent, in order to bring relief to areas that are constantly flooded?
Lord Goldsmith of Richmond Park (Con) [V]
In terms of where to invest, where the Government invests and where the Environment Agency places its focus are entirely based on the data that we have. Therefore, the areas that are most at risk are prioritised. We do not distinguish between urban versus rural or north versus south. Priority is based on solid criteria that apply across the board. The noble Baroness mentioned Flood Re. There has been a big increase in availability and affordability since its launch. Independent research tells us that, before that, only 9% of households with previous flood claims could get two or more quotes on price-comparison sites, and none could get five or more. Now, 100% can get two or more quotes and 99% can get five or more, so the initiative seems to have worked.
Circular Economy and Elimination of Waste
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 3 months ago)
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Lord Goldsmith of Richmond Park (Con) [V]
My Lords, my noble friend raises a really important point. The UK is fully signed up to meeting the UN sustainable development goal 12.3 target, which seeks to halve global food waste at consumer and retail level by 2030. Our resource and waste strategy committed us to better redistributing food to those in need before it gets thrown away, and we have put £15 million into that. We are consulting on mandatory food waste prevention targets for businesses and publishing a food surplus and waste hierarchy to support businesses to prevent food waste. Around 3 million tonnes of waste has been prevented since 2013 and, of that, around 2.7 million tonnes is food waste.
Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, I was appalled to find that on leaving the EU, the UK will be exporting our plastic waste to third world countries, where it will be burned, releasing toxins into the atmosphere. I understand that countries receiving our toxic waste have the option to refuse it. Can the Minister reassure us that not only will he encourage his colleagues to ban the export of plastic waste, but he will campaign rigorously to reduce plastic waste to zero?
Lord Goldsmith of Richmond Park (Con) [V]
The noble Baroness has my commitment on both points. We recognise the problems of waste mountains in numerous countries that cannot or do not manage their waste properly. The Government have already committed to banning the export of plastic waste to countries that are not members of the OECD. In addition, the entire thrust of the Environment Bill that I mentioned earlier is designed to reduce all avoidable and unnecessary waste.
Animal Welfare and Wildlife Crime Offences
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 3 months ago)
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Lord Goldsmith of Richmond Park (Con) [V]
The noble Baroness makes an important point. As she says, Northern Ireland will continue to follow EU legislation on animal welfare and transport for as long as the Northern Ireland protocol is in place. But I very much take her point and I will convey it to colleagues in government.
Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, during the pandemic, more people are buying puppies, many of which are not bred according to our strict animal welfare standards, but are imported illegally, and separated from their mothers too early. As the price of a puppy has risen exponentially, with well over £3,000 being quoted, people are also finding that their beloved pet dogs are being stolen to order. Can the Minister say what the Government are doing to enforce the law on the sale of puppies and to discourage dog theft?
Lord Goldsmith of Richmond Park (Con) [V]
The Government introduced a ban on the commercial third-party sale of puppies and kittens in England, and ahead of that we launched a big national communications campaign strategy called Petfished, which was designed to help people make more informed choices when sourcing a new pet. These are important steps, taken to disrupt the low-welfare trade that supports unscrupulous puppy farming and to tackle the illegal supply of pets. There are already laws in place in relation to pet theft, and it is the view of the Government that the maximum penalties available are sufficient. However, I know that colleagues in government are looking at what changes could be made to sentencing guidelines to reflect the fact that a puppy being stolen is not the same as an inanimate object being stolen. I hope that progress will be made shortly.
Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 5 months ago)
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Baroness Bakewell of Hardington Mandeville (LD)
I thank the Minister for his introduction in setting out these two statutory instruments. As he said, they make minor adjustments to enable the Secretary of State to carry out functions relating to packaging and restriction of certain hazardous substances in electrical and electronic equipment.
The Explanatory Memorandum to the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations is bland and reassuring. However, the instrument is full of detail and percentages relating to some very hazardous substances such as cadmium, mercury and lead, and the uses to which they are put. While this is alarming, there is no change to the use to which the substances are put; it is only to who will be responsible for licensing.
Paragraph 12.3 of the Explanatory Memorandum states that minimal costs are involved in changing labelling and packaging for business, charities and voluntary bodies—these are stated to be below £5 million, which I am sure is the case. However, given the severe impact of the Covid epidemic, particularly on charities and voluntary bodies, I wonder whether this might be the last straw for some that have suffered severe loss of income during the past year. Taking this into account, will the Government consider covering the cost of repackaging and relabelling to comply with the law for those who are not businesses but who would find the cost unsustainable?
The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 also deal with classification of what is deemed hazardous waste material. It will be important for the Secretary of State and the devolved Administrations to be able to make legislation that is appropriate for each authority once power has passed from the EU to the United Kingdom. Consultation between the devolved Administrations and the Secretary of State on any proposed modifications to the directives will be essential, otherwise confusion will ensue.
Paragraph 6.3 of the Explanatory Memorandum refers to the list of EU directives on waste management in Statutory Instrument 2019/188. Having looked this up, it all came flooding back to me, as we debated this last year. I remember particularly the issue of end-of-life vehicles.
As we begin the transfer to wholly electric vehicles, a significant number of petrol and diesel-driven vehicles will need to be disposed of. All will have components classed as waste, including batteries, which are classed as hazardous waste. The volume of these vehicles is such that scrap yards are likely to be extremely busy. Much of their business is around reclaiming parts that are then sold on to owners looking to repair their vehicles. As the number of petrol and diesel vehicles diminishes, this trade in spare parts is also likely to diminish. The noble Baroness, Lady Bennett, referred to the volume of electronic device waste. It would be somewhat unfair of me to ask the Minister whether the Government have made any plans to deal with the sheer volume of vehicles needing to be scrapped as we move to electric, but perhaps he could write to me with an answer.
Apart from that, I am content with this statutory instrument, which merely replicates current EU legislation and makes only minor amendments, such as replacing “exit day” with “IP completion day”. I look forward to the Minister’s response to this short debate.
Waste Prevention Programme
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 6 months ago)
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Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, a waste prevention programme needs to be a dynamic document, moving with advances in science and technology. At the other end of the process, the public need to play their part in minimising waste. To prevent the nation from being subsumed in unnecessary waste, will the revised waste prevention programme have measures that tackle both ends of the spectrum?
Lord Goldsmith of Richmond Park (Con) [V]
I can absolutely provide that assurance. The Government are seeking powers through the Environment Bill that will enable us to set standards across the board. That means resource efficiency requirements, including spare-part provision, recycled content, durability or the potential to disassemble and repair. We are addressing the waste stream—it is not so much a spectrum but all the way round the circle—of the waste ecosystem in which we live. The first product group that we will be looking at and regulating will be textiles, furniture or construction products, but we plan to expand far beyond that in the near future.
Pesticides (Amendment) (EU Exit) Regulations 2020
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 6 months ago)
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Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I thank the Minister for his introduction to these statutory instruments, which will tidy up existing legislation and ensure that there are no gaps once we come to the end of the Brexit transition period in December.
The first SI moves rules on plant protection products and maximum residue levels from EU law into UK law, with the exception of Northern Ireland. The Northern Ireland protocol means that Northern Ireland remains part of the EU and therefore has no need to transfer legislation. I congratulate noble Lords on their contributions and concur with their comments.
Paragraph 6.3 of the Explanatory Memorandum states:
“Defra has complied with the requirements stated in paragraph 4.7.6 of Statutory Instrument Practice to consult with the SI registrar. Defra thinks it would be disproportionate to apply the free issue procedure to this SI.”
Can the Minister give some clarification on what that means? Paragraph 6.4 states:
“A further instrument will be required in 2021 to incorporate further EU regulations and decisions that come into force between 1 May 2020 and 31 December 2020”.
Since we know when these will come into force—and, presumably, know what they will cover—why were they not included in this SI with an implementation date of 31 December?
The EU has a multi-annual control programme, which is updated every year and outlines sampling strategies for a three-year period. This SI will ensure that the same standards of protection are maintained at the end of the implementation period. Can the Minister confirm that the same sampling strategies will also be maintained every three years?
Pymetrozine is an insecticide suitable for use, in integrated crop management, to control aphids and other plant-sucking insects. It is essential that it is applied carefully and with regard to other creatures, including humans, and to ensure that pollinators that are essential for biodiversity are not also destroyed alongside pests. I note that the UK Pymetrozine regulation status is approved but the EU regulatory status is not approved. I find this strange, since 24 of the 27 EU states have approved the substance for use. Can the Minister give some clarity on just what is likely to be approved under this SI and what is not?
Under these proposals, and those passed in the Internal Market Bill in the other place, can the Minister confirm that certain grains which have been grown with the use of fertilisers and pesticides in England, would not be able to be supplied in Scotland, if the devolved Administration has banned their use for grains in Scotland under the new powers they are getting and the exemptions of the market access principles in the Internal Market Bill? I am happy to have a written response on this.
I turn now to the Persistent Organic Pollutants. The first pollutant in the list of the SI was a pollutant by-product of Agent Orange. It has no known commercial applications but is used as a research chemical. It was tested, but never used commercially, as a flame-proofing agent and as a pesticide against insects and wood-destroying fungi. There are other toxins registered, including polychlorinated biphenyls, or PCBs, which are stable man-made organic compounds, used from the 1920s as cooling and insulating fluids as they did not burn easily. Although most were banned in 1986, they linger on in detectable levels in animals, fish and humans. When they are incinerated, they can produce dioxins, which are some of the most toxic substances known to science.
The biggest manufacturer of PCBs was Monsanto. They were used in an enormous number of products, from lubricants to pesticides and flame retardants. As a result of high levels of PCBs found in fish, due to man-made chemicals dumped as waste in Lake Michigan, concerns were raised, as PCBs had found their way into the breast milk of nursing mothers who had eaten fish living in the lake. Their children showed higher rates of development and learning disorders compared to those of local women who had not eaten the fish. While they are no longer manufactured, they still leak from old electrical devices and can be released from hazardous waste sites and illegal dumps. Can the Minister give reassurance that this situation is being monitored closely and that action is being taken to deal with the PCB residues?
Lastly, I draw noble Lords’ attention to the pollution in the River Wye that was caused by the sheer volume of chicken farms close to, and along, the banks of the river, with chicken manure getting into the water. While chicken manure is not on the list of toxic substances on page 16 of the SI, it is undoubtedly true that in the Wye it is persistent, it is organic, and it is a pollutant. Can the Minister say what legislation is likely to cover this type of pollutant, if it is not covered in this SI?
Burning of Peat Moorlands
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 6 months ago)
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Lord Goldsmith of Richmond Park (Con)
The answer is that a significant number have made that decision voluntarily. I am afraid I cannot provide the precise number so I will have to write to my noble friend after this session.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, this is an issue that polarises opinion. Considerable damage was caused by the peat fires on Saddleworth Moor, the result of arson, and the wildfire on Scotland’s Flow Country. These fires were not the result of rotational heather burning, which has many benefits. Before we throw the metaphorical baby out with the bathwater, it is important to note that, despite what the Minister says about the scientific evidence, that evidence is out of date. Does the Minister agree that it would be better to update the scientific evidence before we decide about rotational heather burning on peat moorlands?
Lord Goldsmith of Richmond Park (Con)
The science continues to evolve; it is not a matter of it being out of date. The Government are well aware of the wildfire risk presented by dry conditions on moorlands. Natural England has carried out a review of the causes, the severity and the management practices best placed to mitigate that risk, and we are considering that alongside other evidence. Some of the clearest evidence that we have is that ensuring that peatlands are wet and in a natural state is the best way to minimise wildfire risk. It also tells us that managed burning results in an increase in vegetation types, such as heather, which have a higher fuel load as compared with natural blanket bog vegetation.
Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 7 months ago)
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Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I thank the Minister for setting out the rationale for this important statutory instrument. The air we breathe has to be clean. Many of our children and adults suffer from asthma and other respiratory diseases. They are not helped by pollutants in the air. I fully support the measures proposed to ensure high air quality and welcome the Minister’s commitment to address the issue of burning blanket bogs.
What we are debating and the improvement it will make to air quality is a far cry from the air which I often encountered in my childhood in Bristol. Not knowing anything whatever about the impact of poor air quality, I often travelled on a bus in the late winter afternoons and was unable to see anything out of the window. The outside was a very odd, dense yellow colour. People were hurrying along with their heads down and scarves pulled up over their mouth and nose. As a child, this seemed quite exciting from the safety of the warm bus but it was a different matter when we alighted and had to walk home from the bus stop with the fog swirling around us, making us damp and our eyes water. Mercifully, today such smogs are rare in our country but it is vital that we monitor air quality at all times and do everything possible to improve it.
Wood burners are very popular; I declare an interest, as we have one in our home. They are extremely efficient and produce a good heat in a short space of time. But what we burn on them needs to be of good quality—wood that has been allowed to dry out—and if solid fuel is added, it has to be smokeless and sulphur-free, burning with a clean heat that does not produce particles and pollutants.
The Government’s clean air strategy, published in 2019, covers the use of wood burners; it also covers other important measures to improve the air that we breathe. Idling cars alongside schools at pick-up and drop-off times do nothing for the lungs of the children going in and out of school. PM2.5, already referred to, is an atmospheric particulate matter with a diameter of less than 2.5 micrometres, which is about 3% of the diameter of a human hair. Particles in this category are so small that they cannot be detected without an electron microscope. Even at moderate levels, particulate matter can still be harmful to sensitive people. When air pollution levels are lower, the cardiovascular and respiratory health of a person will be much improved in the long and short term.
PM2.5 causes numerous adverse effects such as breathing difficulties, eye irritation, dryness of the nose and mouth, throat infections and a feeling of claustrophobia, as well as numerous psychological effects. It has been identified as the most damaging air pollutant by the World Health Organization. The Explanatory Memorandum indicates that 41% of pollutants came from PM2.5, with 16% coming from industrial combustion and 12% from road transport. However, the EM also admits that these figures are only estimates and that it is difficult to accurately estimate the extent and nature of domestic burning and emissions.
This brings me to the crucial test in this matter. How are the Government going to monitor whether domestic properties are adhering to these new restrictions? The noble Lord, Lord Mann, laid out that case clearly. What measures will be in place to ensure compliance? What will be the penalties for the hapless households not adhering to the rules? Paragraph 7.3 of the Explanatory Memorandum indicates what the exact limitations will be, while paragraph 7.4 goes on to say that the Government are not banning stoves or open fireplaces.
To me, indicating this shows that the Government had considered it, although the Minister said that they would not be doing it. I want to give a personal example of why I would fight tooth and nail against such a ban.
When my first child was six months old, we lived in a house that was entirely electric but had an open fireplace. It was winter, and there was heavy snow, bringing power cuts to the whole village and the larger surrounding area. After 24 hours, the main road was cleared, and so my husband and others carefully went off to work in the town four miles away. I was left keeping the baby warm in front of the open fire. After three days, the village was connected except for the five houses on our side of the street. It seemed our electricity came over the fields from a neighbouring village and had not been reconnected. When my husband came home that night and asked why I was still sitting in candlelight, I seriously considered divorce proceedings. However, with the intervention of a neighbour, electricians worked throughout the night to reconnect us. At that time, I swore that I would never again be totally dependent on electricity for heat and cooking facilities, and I have kept to that.
The Government are right to encourage households to switch to cleaner energy forms, but it would be very unwise to legislate to ban stoves and open fireplaces completely. There will be many who, like me, want a fail-safe back-up for when there are electricity outages, as is so often the case, especially in very rural areas.
I welcome smaller suppliers being given more time to comply with the regulations, and I am encouraged that the freeminers in the Forest of Dean are exempt. Can the Minister say whether this exemption is for the lifetime of the current freeminers or in perpetuity?
I note that paragraph 11.2 of the EM indicates that local authorities will be expected to issue certification schemes and enforce the legislation. The guidance will be issued three months prior to restrictions. Many households will have stocks of fuel that will last more than three months and could become liable to fines, if there are any for individual households. The cost to local authorities is estimated at £1.2 million over 11 years. Are the Government going to cover this cost? Local authorities are extremely short of cash due to funding social care and the Covid-19 crisis. They will not be able to cover this additional cost.
I fail to see that the reduced sale of wood is likely to cause a £14 million loss over an 11-year period due to less dry wood being used than wet wood. It is far more likely that the cost of kiln-drying wood will push the price up at the point of sale. The SI refers to an “approved wood certification body”. Can the Minister give a little more detail on what this body will look like and what powers it will have?
I note that the phrase “best endeavours” has crept into the SI in Regulation 5(6)(b), referring to the certified supplier ensuring that their wood is consistent with the sample they have provided in order to gain certification. I see a loophole here for the unscrupulous operator who will provide a sample that fits the criteria and then supply a very different product to the customer. There is the threat of a fine, but again I ask: how will this be monitored? If the wood thus produced is cheaper, will those on low incomes be likely to report that their wood is producing more smoke than anticipated? Do the Government believe that the £300 fine will be sufficient to deter illegal trading?
The SI says that:
“The Secretary of State must appoint at least one person to be an approved manufactured solid fuel certification body.”
I suggest that a lot more than one will be needed. Some areas of the country are more likely to use wood-burners and open stoves than others. It will be necessary to have access to more than one certification body, especially as small producers—often sole traders—are involved here, not large multinational companies.
Fixed penalty notices appear to be the responsibility of the local authority. Does this mean that each local authority will be responsible for collecting the £300 for a penalty notice, which has to be paid within 28 days?
I note that the Government envisage publicising the logo “Ready to Burn”, so that consumers are aware both that the law has changed and how to easily identify fuel that meets the required standards. Will this be a similar type of campaign to the current television advertising campaign to try to get us to download the test and trace app?
I apologise that I have asked a lot of questions. I am totally behind the Government in this initiative to try to reduce the amount of pollution in the air that we breathe. I support this SI.
Schools: Great British September Clean
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 7 months ago)
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Lord Goldsmith of Richmond Park (Con) [V]
My Lords, as well as the Eco-Schools programme, there are many other resources available to schools if they wish to teach pupils about the impact of litter and the importance of not littering. Organisations like Keep Britain Tidy, the Campaign to Protect Rural England and the Marine Conservation Society have all produced excellent resources for schools about litter and the damage that it can do to the environment. We are committed to introducing a deposit return scheme, and I see no reason why that cannot operate effectively in our schools.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, while a national clean-up is to be welcomed, and helps to generate community spirit, would it not be better for the Government to mount a hard-hitting campaign to encourage the nation to dispose of its waste in a more environmentally friendly way? That could be coupled with stringent fines for offenders. Only in that way will people—and it is not only children—change their habits and take their rubbish home rather than throwing it out of car windows and leaving it behind after picnicking. Does the Minister support such a strategy?
Lord Goldsmith of Richmond Park (Con) [V]
The Government support a dual strategy. We are launching and running a number of educational campaigns, using both conventional media and social media, and as I said in a previous answer, we are seeing the impact of that, particularly on young people’s attitudes. In addition to that, and to supporting numerous rubbish collection or litter days, we are also empowering local authorities to take stronger and more robust action against people who continue to litter.
River Pollution
Baroness Bakewell of Hardington Mandeville Excerpts(3 years, 7 months ago)
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Lord Goldsmith of Richmond Park (Con) [V]
I certainly agree with the noble Lord that raw sewage should only ever be released into water systems as a last resort and in exceptional circumstances. As I mentioned in a previous answer, this issue has been taken up with great energy by my colleague in Defra, Minister Pow, who established and chairs the task force and is committed to doing what is needed from the regulatory, legislative and funding points of view to tackle this very serious problem.
Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, there has been a steady increase in outdoor swimming clubs—“wild swimming”, as it has become known. Swimmers are unaware that rivers across the country contain toxic materials such as lead and mercury, as well as insecticides. The Government have committed themselves to ensuring that all rivers are of a good ecological standard by 2027. Will that target be reached? If not, when might it be?
Lord Goldsmith of Richmond Park (Con) [V]
The Environment Agency takes water quality samples at all designated bathing waters during the bathing season. If the water fails in any way to meet the minimum standards, the agency then investigates. If a water company is found to be the cause, the agency then requires the company to take action. In 2019, 98.3% of designated bathing waters met the minimum standards, with 71% classified as excellent. Clearly we have a lot more to do, as all surveys have shown, but the Government have shown a commitment to tackling this issue, both from a legislative point of view and in terms of funding.