Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019

Baroness Jones of Whitchurch Excerpts

Monday 7th October 2019 Lords Chamber

Moved by

[Baroness Jones of Whitchurch]

At end insert, “but that this House regrets that the Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019 have been laid under the made affirmative resolution procedure to come into effect on 17 October to support the United Kingdom’s application to be listed as a third country by the European Union for the export of live animals and animal products, in preparation for leaving the European Union on 31 October, despite Parliament passing the European Union (Withdrawal) (No. 2) Act 2019 which requires the Prime Minister to seek an extension to the United Kingdom’s membership of the European Union if he fails to secure a deal by 19 October; expresses concern that Her Majesty’s Government maintains that the United Kingdom will leave the European Union on 31 October with or without a deal contrary to the previously expressed view of this House and the provisions of the Act; and notes the grave concern of the food and farming sectors regarding the potential catastrophic impact of a no-deal Brexit.”

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the noble Lord for introducing these two SIs. However, as he said, we have tabled a regret amendment and I would like to explain why. The trade in animals and animal products regulations transfer widespread legislative functions from the EU to the Secretary of State, and have been laid under the affirmative procedure to be in place before exit day. Indeed, the Secondary Legislation Scrutiny Committee considered that they were sufficiently important that they should be upgraded to the affirmative procedure.

However, the SI and the accompanying Explanatory Memorandum take no account of the subsequent passing of the Benn Act, which was overwhelmingly supported in this House and which, as noble Lords know, requires the Prime Minister to seek an extension of Article 50 if he fails to secure a deal by 19 October. In contradiction to that, paragraph 2.2 of the Explanatory Memorandum states explicitly:

“Given the change in exit day to 31st October 2019, we are using this opportunity to ensure we are as prepared as we can be to support all possible requirements of listing”.


Unless the Prime Minister is going to ignore the will of Parliament or somehow seek to subvert it, we are not exiting with no deal on 31 October.

This SI could therefore have been tabled in the normal manner, with proper scrutiny, rather than being rushed through. I say that because this really matters. As the farmers and food manufacturers have all made clear, leaving the EU without a deal would be disastrous for their businesses.

The Minister says the urgency is because the EU is considering our request for third-country listing on 11 October, but this meeting was clearly set up to consider the animal trade protections if we were to leave on 31 October, which we are not now going to do. The Minister has said that the EU already approved third-country listing in preparation for the April exit date—a decision that then became obsolete. It seems that this rushed SI is going to suffer a similar fate.

Given that there seems to be a growing political consensus that, if we leave, it should be based on a negotiated settlement, with a transition period, we may find ourselves back here all too soon with another version of this SI, with new terms of trade and a new start date. Can the Minister confirm that it is the Government’s intention to abide by the terms of the Benn Act in letter and spirit, in keeping with the wish of Parliament? Does he accept that the Benn Act, if implemented, would take a no-deal scenario off the table and make this SI obsolete? Can he clarify whether the request for third-country listing being considered by the EU later this week is specifically aimed at a start date of 1 November, or does it have flexibility for an alternative date if the negotiations continue? Does he accept that, even with third-country listing, a no-deal Brexit could have catastrophic impacts on food and farming, as British exports will still face significant barriers and the imposition of high tariffs as outlined in the Government’s own Yellowhammer paper?

As I said, this SI matters because it represents the transfer of wide-ranging legislative functions relating to biosecurity, giving the Secretary of State powers to make substantial changes to policies after exit day. In fact, it deals not just with the basics necessary to achieve EU listing; it goes further. For example, paragraph 2.9 of the Explanatory Memorandum explains that the Secretary of State will have the power to vary our listing of third countries to ensure that,

“we can adapt in the longer-term should we assess that biosecurity risks presented by third countries have fundamentally changed after we leave the EU”.

This would allow us to deviate from the third countries recognised by the EU.

Clearly, the trade in animals and animal products is of significant importance to the UK’s food security and economy, as well as being highly politically controversial. We have seen once again in the papers today details of a leaked Defra briefing detailing the consequences of a rushed trade deal with the US, which Liz Truss is promoting but which could irreparably damage the environment and public health. The leaked paper states that weakening our sanitary and phytosanitary standards to accommodate the US would damage our trade with the EU. Does the Minister accept that if the Secretary of State amends UK standards using the powers set out in this SI, it could jeopardise our third-country listing with the EU? Can he explain the circumstances in which we might deviate from the accepted EU listings in the longer term?

I move now to the detail of these two SIs. As I said, the trade in animals and animal products and veterinary surgeons SI gives the Secretary of State far-reaching powers to amend the list of third countries with which we will trade in future, but the only consultation that seems to be necessary is with the devolved Ministers in relation to trade in their own countries. Unlike many other Brexit SIs we have considered over the last 18 months, there is no requirement written into the SI to consult expert bodies or seek scientific advice, so there is real concern that the pressure to secure new trade deals will lead the Secretary of State to water down their assessment of third-country animal welfare and public health protections. For example, Chapter 5, which deals with future poultry imports, refers in paragraph (2) to,

“taking into account … the assurances which the third country can give with regard to compliance with poultry health requirements”.

It is vital that we rely not simply on the assurances from would-be trading partners but on the facts.

The Minister said that advice would be taken from independent and scientific bodies. That guarantee is not spelled out in this SI in the way that has been done in many SIs before us. There is therefore a question mark about whether the UK public can be properly assured that our future imports will be safe and continue to meet our high welfare standards.

These regulations also include a sub-delegated power that enables the Secretary of State to publish and amend lists of animals and products that require or are exempt from border veterinary checks. Can the Minister clarify the circumstances in which the lists of animals requiring veterinary checks might be amended? There does not seem to be any need for it, but will he commit to a prior consultation with the industry, particularly veterinary professionals, before this step is taken?

The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations update the rules regarding TRACES, the EU’s TRAde Control and Expert System, which notifies member states of the movements of animals and animal products through their territories to ensure compliance with animal health and public health obligations, as the Minister described. Last month, Defra requested that the EU give limited continued access to TRACES for imports. Can he advise whether this request was granted?

Meanwhile, as the Minister said, the Government have been trialling the alternative system, the Import of Products, Animals, Food and Feed System. He advised that this went live on 30 September. Is he confident that this system is robust and fully operable? How can it be fully tested when not all businesses have yet signed up? How many businesses have signed up? Are they currently expected to use both TRACES and IPAFFS? At what date will businesses be expected to transfer completely to IPAFFS? How will this be communicated to them?

Notwithstanding the detailed concerns that I have just outlined with these proposals, we believe that businesses are overwhelmingly against a no-deal exit—with all the chaos that will ensue. The Benn Act gives the Government a route out of no deal and will provide the continuity that food and farming businesses crave.

I hope that the Minister will heed this message and concede that these SIs should not have been laid in this manner and within this timescale in contravention of the Benn Act. I therefore beg to move.

[Baroness Parminter (LD)]

My Lords, I associate myself with the comprehensive remarks of my colleague on the Labour Front Bench and support the intention behind the amendment. It is absolutely clear that businesses in the farming and agribusiness community are extremely concerned about the potential impact of a no-deal Brexit on their businesses. Bringing these SIs forward under the affirmative procedure seems to fly in the face of the proposals agreed in the other place and supported broadly here—the Benn proposals—which would not enable Brexit to take place on 31 October.

I do not want to reiterate the detailed points made by the noble Baroness, Lady Jones of Whitchurch. However, I want to add a couple of extra detailed points about the Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019.

I am grateful to the Joint Committee on Statutory Instruments, which pointed out that we have these regulations because of defective drafting. Clearly, with the number of SIs that Defra has had, those things are bound to happen. I was grateful to hear the Minister’s apology—in a sense—for having to bring this forward, but I query whether this SI is just about defective drafting. If we look at one of the paragraphs that is changing, it removes an existing requirement in EU legislation for companies that deliberately release GMOs into the environment.

--- Later in debate ---

[Baroness Jones of Whitchurch]

My Lords, I think that we would all accept the Minister’s sincerity on this issue and the courtesy he has shown in answering the many questions that we have thrown at him this afternoon. I do not have a problem with the request for listing; if we withdrew it at this stage, it would be misinterpreted. Our concern is what is riding on the back of that, and some of the other detail in the SIs that is being put forward as a package. That is why we have raised these concerns today.

Of course I understand the need to be cautious about the whole biosecurity issue. The noble Lord has done a significant amount of work in championing that cause. He said—and of course he would say that—that the Government never respond to leaked press releases, but he should understand our concern, because this press release and the leak have a ring of truth. We can all see politically what is happening here: on the one hand there is the desire of Liz Truss and the Department for International Trade to get a new trade deal with the United States and, on the other hand, that is in contradiction with a lot of things that the Minister has been saying this afternoon about high welfare and food standards.

The Defra briefing says that the Minister and the department will come under “significant pressure” from the Department for International Trade to weaken the UK’s food and environmental standards to secure a trade deal with the United States. We cannot ignore that, and we look at the SI partly with that in the back of our minds. We could debate how likely that is, but we can see the culture and policy clashes that are going on there. That is all I will say about that.

Our concern, however, is that these SIs go further than simply ensuring compatibility with current EU rules. We have debated this—this is not new in these SIs—but to compare the European Commission, with all the checks and balances that it has before it makes a final decision, with the Secretary of State, who is one person, and, in the words of these SIs, has a great deal of autonomous power, is always a cause for concern. That is why we like to see the checks and balances that go behind that. When we have debated other SIs—and the noble Lord and I have reflected that we have considered at least 100 Defra SIs, and there are many more, so we have been through the mill on all of these—it has been made clear that the Secretary of State will not act alone but will take soundings and advice. Our concern now is that that was not spelled out in that way in these SIs today. The wording is not consistent with wording that we have seen before. But it was helpful that the Minister spelled out the role that the Chief Scientific Officers would play in all of that, and that that is now on the record.

As the noble Baroness, Lady Parminter, said, the concerns about these SIs are not just about defective drafting: there are a number of other issues as well. It is misleading to say that these SIs are just technical: they are more than that. I was interested in the comments of the noble and learned Lord, Lord Hope, about who decides whether the conditions are satisfied, because throughout the SIs—perhaps it is too strong to talk about “sloppy wording”—there are words that can be interpreted in a number of different ways. Throughout the SIs, for example, it says that the Secretary of State will “take account of” a number of factors. But that could mean, “I took account of it but I took no notice of it”, to put it bluntly. So it would be helpful for the future, perhaps in guidance, to make it more explicit where the responsibility will stand and who will have the final say on things.

I agree with the noble Duke, the Duke of Montrose, and the noble Baroness, Lady Masham, that the amount of uncertainty in the farming community is huge. We do not want to add to that or to inadvertently open the door to cheap imports that would undermine the existing farming community or lose that very precious EU market for our farmers going forward. That is why we are so sensitive about this issue and why it is important to have this debate today.

I am grateful for the answers that the Minister has given on a number of the issues I have raised. It is certainly early days for IPAFFS—if that is how you pronounce it. The number of users that the Minister talked about is not that great in the big scheme of things; we will find out whether it is really robust enough to take the amount of trade that we are going to be dealing with only when people do not have another option. Nevertheless, I am grateful for that information.

I agree with a number of the concerns of the noble Baroness, Lady McIntosh. Again, this is not just a concern about this SI; Northern Ireland trade across the border was an ongoing issue way before this became the new political touchstone of issues. On the one hand, there are the huge political connotations of what should happen in Northern Ireland regarding trade—but there are also the practical issues of all those people who have not had to take their produce to a third place that is not on the border but might be, and then of course you get into the complications of people who are food manufacturers and who constantly cross the border. It feels like nobody is reaching out to those people to say, “We understand, and we will do whatever we can to try to make that easier”. All the political solutions that are being proposed at the moment certainly do not make it sound like trade in Northern Ireland will be anything like as easy as it is today.

I do not think that I have missed any points. We have had a good debate and I am grateful to all noble Lords who have spoken. I will not push this to a vote. Although there are issues in the SIs that I still feel need to be addressed, if we do not put in a request for the listing, that would also be misinterpreted. I am grateful for the Minister’s response and I beg leave to withdraw the amendment.

Amendment to the Motion withdrawn.

Single-use Plastics

Baroness Jones of Whitchurch Excerpts

Tuesday 1st October 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, a lot of us are now very much using renewable bottles. I am pleased to say that, in the Year of Green Action, I have one in my office that is very useful. That is why I mentioned the £100 million of research in my original reply, because clearly there are still a lot of answers that we do not know and we want to do things better. That is why there is £20 million for the Plastics Research and Innovation Fund, a further £20 million for the plastics and waste investment fund and £66 million through the Industrial Strategy Challenge Fund. All of these are part of what we need to move to, which is reducing plastic, and, wherever possible where we have plastic—and we will, of course, need plastic for things such as medicine and medical facilities and so forth—ensuring that we reduce, reuse and recycle sensibly.

[Baroness Jones of Whitchurch (Lab)]

My Lords, in her first Commons debate, the new Secretary of State, Theresa Villiers, repeated the mantra that the Government needed time to get the primary legislation on plastic waste right. Given that the Minister has repeated time and again to this House that he understands the urgency of this issue, has he persuaded his boss perhaps to speed up that legislation for which we have been waiting for quite some time, and might we get to see that legislation listed in the Queen’s Speech?

[Lord Gardiner of Kimble]

My Lords, we have said that we will be introducing the environment Bill in the second Session. I very much look forward to it, if I am in position, and hope that this will be something on which we could all work, because that is one of the key features. When I make inquiries about whether we need primary legislation for some of things we need to do, I am advised that we do. That is why it will need to be done through the environment Bill. I absolutely take the point: we have a finite planet and the longer we wait, the more damage that we will have to deal with. We are still producing too much plastic; that is why we need to advance and why the Plastics Pact is so important in working with industry. We are starting to see success on that, but we need to do a very lot more.

Charities: Plastic Bag Charges

Baroness Jones of Whitchurch Excerpts

Monday 9th September 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I have looked into this very thoroughly and I understand concerns about the time is it taking, but we are required under the Small Business, Enterprise and Employment Act 2015 to carry out regulatory measures and assess business impacts which are reviewed by the independent Regulatory Policy Committee. I know I am getting into the realms of Sir Humphrey, but it is about the detailed feedback on methodology. Given that this charge will affect every smallholder, market trader and charity shop, we are attending to the comments that have come back from the Regulatory Policy Committee. I would like to make progress, and we will do, but we have to go through the due processes. Also, the SI will be affirmative and that will take some time.

[Baroness Jones of Whitchurch (Lab)]

My Lords, the Minister referred to the issue of regulation with regard to the Small Business, Enterprise and Employment Act 2015, but the scope of that Act applies to all devolved nations, yet Wales, Scotland and Northern Ireland have already extended the plastic bag charge to small and medium-sized enterprises. What justification can there be for this? We are waiting only for England to catch up—everybody else has done it. Wales did it in 2011 and Scotland did it in 2013. It is now 2019. I would have thought that the scope of that Act would have allowed England to catch up by now.

[Lord Gardiner of Kimble]

The magnitude and quantum of the number of businesses that will be involved in England will, as I think everyone would agree, be much more significant. As I have said, we are working through the requirements as we understand and have been informed about them. The Regulatory Policy Committee has come back to us with detailed comments on the methodology. We have to receive a positive rating feedback from the RPC. We want to do that because we think there are significant benefits from increasing the charge from 5p to 10p and applying it to all retailers.

Wild Animals in Circuses (No. 2) Bill

Baroness Jones of Whitchurch Excerpts

3rd reading (Hansard): House of Lords
Tuesday 23rd July 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, in moving that the Bill do now pass I wish to express my gratitude to all noble Lords for their interest in the Bill and for their thoughtful—and sometimes challenging—contributions. I am grateful for the positive engagement and support from the noble Baronesses, Lady Jones of Whitchurch, Lady Bakewell of Hardington Mandeville, Lady Parminter and Lady Jones of Moulsecoomb on the Opposition Benches.

This Bill was a manifesto commitment of my party. While support from across the House has been notable, I have been struck by the level of scrutiny which your Lordships have devoted to the Bill—and rightly so. I also place on record my appreciation of Defra officials and all those who have assisted this Bill to, I hope, its successful conclusion.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister and his civil servants for the considerable support and help they have given us during the conduct of this Bill. Indeed, the Minister showed considerable patience and skill in addressing our concerns and steering the Bill through to what we all felt was a speedy conclusion. Banning wild animals in circuses has been a policy of our party for some time, and I am very pleased that we were able to play a part in guiding the Bill towards the statute book before the Recess. So I very much echo the thanks of the Minister and will just add that, whatever happens in the coming days, I hope that he will be in his place in the autumn. From our side, we certainly feel that he deserves it.

Biodiversity Duty: Public Authorities

Baroness Jones of Whitchurch Excerpts

Monday 22nd July 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the noble Countess is right that, as the Government implement, with others, our 25-year environment plan, we will build on existing reporting mechanisms to drive further improvement. Some of the priorities set out, including the condition of our protected sites and the creation and restoration of wildlife-rich habitats, are already under a reporting duty, but we will work on how we can take forward an enhanced reporting mechanism.

[Baroness Jones of Whitchurch (Lab)]

My Lords, the UK is now among the most nature-depleted nations in the world, so it was good to hear the Secretary of State say last week that he wants to strengthen the duty of public authorities not just to conserve but to enhance nature. Will the Minister pass on the message that that will be a hollow commitment if it is not backed by the resources and energy that local authorities will need to carry out those duties effectively? What are the Government doing to work on a cross-departmental basis to deliver that?

[Lord Gardiner of Kimble]

My Lords, the environment Bill—obviously, this is a second Session piece of legislation—is designed to plot a course precisely to restore and enhance nature and the environment and to do many other things but particularly to introduce a pioneering new system of green governance. It is clearly essential that we enhance nature. That is why species such as the chough and the bittern are recovering and there are a number of reintroductions, such as the short-haired bumble bee. We are working on a number of species, but we need to improve habitats across the board.

Textiles and Clothing Sectors: Environmental Sustainability

Baroness Jones of Whitchurch Excerpts

Monday 22nd July 2019 Lords Chamber

Asked by

[Baroness Jones of Whitchurch]

Baroness Jones of Whitchurch to ask Her Majesty’s Government what steps they are taking to improve the environmental sustainability of the textiles and clothing sectors.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, we are working with WRAP and the industry through the Sustainable Clothing Action Plan to reduce the industry’s carbon emissions, water usage and waste. Recently we launched a £4.7 million grant scheme to support innovation in plastic and textile recycling. We are also undertaking the necessary research to develop an extended producer responsibility scheme for textiles. To drive the market towards durable, repairable and recyclable products, we are developing proposals on regulatory standards and labels.

[Baroness Jones of Whitchurch (Lab)]

I thank the Minister for that reply, but does he share my concern about the huge environmental impact of throwaway fashion trends? In the UK, we buy more clothes per person than in any other country in Europe—five times what we bought in the 1980s—and we have created 1.3 million tonnes of waste. At the same time, textile production creates 1.2 billion tonnes of carbon every year—more than aviation and shipping combined. What are the Government doing to educate consumers to act more sustainably and wear their clothes for longer, and why do they not make textile producers pay for the environmental cost of materials that cannot be reused, repaired or recycled?

[Lord Gardiner of Kimble]

My Lords, that is precisely why it is very important that the Sustainable Clothing Action Plan, which includes 60% of those involved in the clothing industry in this country, bears fruit. There has already been an 11.9% drop in carbon per tonne and a 17.7% drop in water per tonne of clothing. We need to ensure that that is our direction of travel, and it is why I mentioned labelling. Clearly, most consumers want to do the right thing. I find fast fashion a strange concept, in so far as I am not a good example of it. I think we should use clothes for longer and repair them, and I am in the market for knowing where my shirts can be repaired.

Plastic Bag Charge

Baroness Jones of Whitchurch Excerpts

Wednesday 17th July 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I first salute my noble friend’s tenacity on this matter. We do want to make progress. We estimate that, overall, surplus income to charities from charging would be £29 million in year one. Clearly, I recognise the importance of reducing bags in circulation, and it is important to register that six out of seven supermarket chains are phasing out the single-use carrier bag by the end of this year. The whole point of the charge is to change consumer behaviour—that is really what this is all about.

[Baroness Jones of Whitchurch (Lab)]

My Lords, the noble Lord, Lord Hayward, has hit the nail on the head. The Secretary of State has been strong on rhetoric but weak on action. Yesterday, he made what was billed as his farewell landmark speech. The truth is that this Government have failed to bring forward a single piece of primary legislation on waste since the last election. So, before he goes, will the Minister put in a special plea to his boss for urgent action to end single-use plastics and introduce the plastic bag charge for which we have been waiting for a very long time?

[Lord Gardiner of Kimble]

My Lords, I very much hope that it is not the Secretary of State’s farewell message, because he has shown great leadership in ensuring that the enhancement of the environment is in everyone’s mindset. We introduced a world-leading ban on microbeads in rinse-off personal care. We announced a ban on the sale and distribution of plastic straws and stirrers, and plastic-stemmed cotton buds, which is due to come in next April. There is plenty of work. I always wish to take speedy action on this, but we need to get it right and we will need to do research on things such as biodegradable plastics so that we make the right choice for the environment.

Wild Animals in Circuses (No. 2) Bill

Baroness Jones of Whitchurch Excerpts

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Baroness Parminter (LD)]

My Lords, I add the support of our Benches to the noble Baroness in seeking reassurances about the critical issue of guidance. This is an important piece of legislation, albeit one that affects a very small number of wild animals. Ensuring that we have clear guidance on the definition of “travelling circus” and who can seize these animals is critical, but it is equally critical that we get it done soon, as these licences will expire in January. Given that critical timing, if there is not time for this House to have further scrutiny, it would be beneficial if, in summing up, the Minister could reassure us about who the Government are talking to when compiling appropriate guidance to take this matter forward.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I have great respect for the positions of the noble Baroness, Lady Fookes, and the noble Lord, Lord Trees, and I agree that decision-making in this House should be based on sound evidence. That is always how we operate.

The issue of guidance was raised at Second Reading and debated again in Committee. It is important that we have detailed guidance to support the core objectives of this Bill, which has widespread support. At Second Reading, we were pleased that the Minister placed on record that the guidance will be published by 20 November, two months before the Bill comes into effect. We were also persuaded that the common-sense approach to spelling out the details of many of the issues that noble Lords were raising—such as the definition of “travelling circus”—would be to include them in the guidance, rather than on face of the Bill.

Let me make our position clear. Our priority is to finish all stages of this Bill before the coming recess, so that it can be put on the statute book. It is a good Bill, which delivers on my party’s long-standing commitment to ban wild animals in circuses. Any amendments passed today would jeopardise it. I therefore urge the noble Baroness, Lady Fookes, to consider that and to withdraw her amendment.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, this new clause would require the Secretary of State to produce guidance on the provisions of the Act by no later than 20 November 2019. It would also require guidance to be approved by resolution of both Houses, including if and when guidance is revised. I say particularly to my noble friend Lady Fookes and to the noble Lord, Lord Trees, that I have already stated on the official record during debates on this Bill at Second Reading and in Committee that the Government will be producing guidance. As the noble Baroness, Lady Jones of Whitchurch, has said, that guidance will be issued by 20 November 2019, two months before the commencement of the Act.

As I confirmed at Second Reading, we do not consider it appropriate for the guidance to be statutory. The aim of the guidance is not to set out additional requirements or obligations but to provide clarity on the Government’s interpretation of certain terms used in the Bill and the approach that will be taken to enforcement. If a challenge is brought, ultimately it will be for the courts to interpret the Act. This is the position taken by the Scottish Government, who have produced well-considered non-statutory guidance to accompany their Wild Animals in Travelling Circuses (Scotland) Act 2018, which is a good example of the type of guidance Defra will be looking to produce.

The Government’s commitment to issue guidance is on the record; I put it on the record again. I should also add that the Government have committed, during debates on the Bill in the other place, to consult with welfare groups, the police and other stakeholders on the guidance. Defra officials have already begun the process of drafting the guidance. If my noble friend Lady Fookes, the noble Lord, Lord Trees, or indeed any other noble Lords wish to see the guidance in draft before it is issued, I would of course be pleased to share it with them.

There is also a timing and practical point, which a number of your Lordships have already raised, with regards to my noble friend’s amendment. I recognise that my noble friend is speaking to the principle of having statutory guidance, but I have made it very clear as to the work that we will undertake on the contents of the guidance and the timings for publication. I am concerned that my noble friend’s amendment does not allow sufficient time for both Houses to consider the guidance between the Bill gaining Royal Assent and the deadline for the guidance to be published on 20 November.

As I have said, it will, and it should, be for the courts to provide the ultimate interpretation of this Act. The guidance that we will produce will aid circuses and enforcers in understanding the requirements of the Act by providing an explanation of some of the key terms used. This is a particular point that the noble Lord, Lord Trees, is getting at—I understand it. The Government have no further intention beyond this measure in terms of wild animals in circuses and travelling circuses. The guidance will set out examples of the types of activities that the Government consider would and would not constitute a “travelling circus”. So, for example, the guidance will make clear that we do not consider that the Bill affects activities such as travelling bird of prey displays, festive reindeer displays, educational visits to schools involving small zoo animals or wild animals used in television or film work, for example.

The guidance will give examples of what the Government intend to be meant and not meant by performance and exhibition, as used in the Bill. So, for example, “exhibition” would include positioning a wild animal in a manner calculated to promote the circus, whether or not a payment is required, whereas a wild animal spotted in a field by a passing member of the public grazing unadorned—where that viewing is not being encouraged by the circus—would not count as being “exhibited”.

My noble friend Lady Fookes also spoke at Second Reading about the definition of “wild animal”. The guidance will provide examples of animals considered not to be commonly domesticated in Great Britain from the definition of “wild animal”. The guide to the provisions of the Zoo Licensing Act 1981 provides advice on what animals may fall into either the normally domesticated or not normally domesticated categories, and we plan to draw from that approach. So, for example, the guidance will explain that cats, dogs and horses would not be deemed “wild animals” under the Bill, but tigers, wolves and zebras would be.

That brings me to the final reason as to why we do not believe this amendment is necessary or desirable. The purpose of our guidance will be to aid interpretation and provide clarity on the approach that the Government will take in relation to enforcement; it will go no further. It will not introduce any additional requirements or obligations with which circus operators would have to comply. Accordingly, it will be quite different from the type of guidance which would usually be statutory, such as the codes of practice that Defra issues under the Animal Welfare Act 2006. These codes of practice set out what animal owners should do to meet the welfare needs of their animals, as required under that Act. They can be used in courts as evidence in cases brought before them relating to poor welfare of animals, and as such are rightly subject to parliamentary scrutiny. The Defra guidance on this Bill will merely explain in more detail the Government’s view of how the Bill will work in practice.

The Government feel that, given the circumstances, and the fact that the guidance will explain only what is already covered by the Bill, non-statutory guidance is not only desirable but appropriate. As I have said—I think the noble Baroness, Lady Parminter, was seeking this confirmation—the guidance will be considered with welfare groups, the police, stakeholders and, in particular, circuses, and will be published no later than 20 November this year.

As I have said, if any noble Lords would like to see a draft copy of the guidance, given that officials are aiming to have a first draft ready for wider circulation by the time the House returns in September, then I would be very pleased to hear from them. I will ensure that there is an opportunity to comment on the draft.

I understand the intention of my noble friend’s amendment, but we should now be making speedy process on this legislation. I very much hope that, with the reassurances I have given today to my noble friend and the noble Lord, Lord Trees, she will feel in a position to withdraw her amendment.

Litter Strategy

Baroness Jones of Whitchurch Excerpts

Monday 15th July 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, my noble friend is absolutely right. That is why education and awareness are key elements of the litter strategy; we want every child to learn about the impacts of litter. Citizenship education is part of the statutory national curriculum at key stages 3 and 4. There are also 19,200 schools in England which are registered eco-schools—that is around 79%, and this number is growing daily. The Great Big School Clean was central to the Great British Spring Clean. There is very much more to do, but we certainly need to work with the next generation to have a better environment.

[Baroness Jones of Whitchurch (Lab)]

My Lords, we have been waiting for the introduction of a bottle deposit scheme, which would play a significant part in reducing litter from plastic bottles and tin cans, for some time now. Given that the Government’s latest consultation on this issue was completed a couple of months ago, what is now stopping them from introducing this measure, which would have widespread popular support and do a great deal to tackle the litter problem?

[Lord Gardiner of Kimble]

My Lords, I agree with the noble Baroness that the deposit return scheme is a very important part of what we need to do. There clearly needs to be further work with business to ensure that the scheme runs satisfactorily when we implement it. The first consultation closed on 13 May. This is very important in terms of littering and of increasing recycling. These two things go together. I am as impatient as the noble Baroness to get this done as soon as possible.

Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019

Baroness Jones of Whitchurch Excerpts

Monday 15th July 2019 Grand Committee

[Baroness Parminter (LD)]

My Lords, our Benches certainly accept that, if we are to leave the European Union, the Secretary of State or the devolved authorities need these powers to ensure that the legislation, such as it is, does not remain static but moves forward in the light of scientific knowledge and understanding. The number of areas that we are talking about in environmental legislation is reflected in this jumbo statutory instrument, so we also accept that the only way to provide them is probably through the secondary legislation route, given the chances of us being able to get primary legislation slots for all the changes that might be necessary.

However, following what the noble Baroness, Lady Young of Old Scone, said, we are disappointed that the opportunity has not been taken in this jumbo SI to ensure maximum protection for the environment. That is particularly so when we are having these discussions in advance of an environment Bill that sets the framework for future UK legislation outside Europe; and in advance of creating the office for environmental protection, which, in addition to statutory authorities such as the environment agencies, will be able to hold people to account.

In a slightly different way, I want to pick up a point that the noble Baroness made about changes being made only in response to scientific and technical advances. In some areas—she alluded to one, and I have another on water quality—the regulations pin down how the Secretary of State or devolved authorities can use these powers. Regulation 32(3) alludes to the fact that the devolved authorities can use the powers on water quality by looking to scientific evidence only where there will be possible harm to the aquatic environment. So, this instrument contains provisions on how the devolved authorities or the Secretary of State can use those powers to protect the environment. If it is good enough in the case of water quality to limit the powers that the Secretary of State can use in response to scientific and technical changes—and to do so only to advance environmental protection—why is that not the case in all areas? The phrase about it being in response to scientific and technical changes does not have a rider; it says that it ensures the equivalent or a higher level of protection for the environment. I think we are both making the same point.

The noble Baroness, Lady Young, also mentioned consultation but I want to pick up on a slightly different point. Given the nature of these changes, it is critical that all relevant stakeholders are consulted. However, there is an omission on the issue of environmental noise, which the statutory instrument covers. In his summing up, can the Minister say specifically why environmental noise does not merit consultation? He referred to it in general terms but not specifically. Of course, we can change negative statutory instruments to affirmative ones, but it would reassure us parliamentarians and bring us a degree of comfort if we knew that all the changes had been subjected to scrutiny by all the relevant bodies.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the Minister for introducing the SI and for the helpful briefing that he arranged beforehand.

As he explained, this is another of the many SIs that we have considered to transfer legislative functions from the EU and the European Commission to the UK. In this case, the functions are transferred overwhelmingly to the Secretary of State and devolved Ministers. We have debated the limitations of this process many times before; I do not intend to go into all the arguments again but there is an undoubted democratic deficit in transferring powers from a complex European process, with all its checks and balances, to one person, however well intentioned that person may be.

With that in mind, I want to raise some issues and ask some questions. First, the department’s written response to stakeholders on the issue of environmental law governance drew attention to the proposals for the office for environmental protection contained in the draft Environment (Principles and Governance) Bill, which is intended to provide continued scrutiny and oversight. That Bill, which is not before us yet, now plays a particularly significant role. Because of where we are politically, the withdrawal Bill, which we spent many happy hours arguing over and which had a large number of environmental protections built into it, will not be taken forward; we seem to be losing it. All we have now to underpin environment guarantees is the office for environmental protection, which does not exist yet. What role will that body play in scrutinising the sort of regulations that are before us today and the Secretary of State’s powers in them? For example, is it envisaged that the OEP will collect data and monitor the effectiveness of the regulations? That includes points of detail; as the Minister said, this is about annexes and so on. Will its role go into that sort of detail? Will it also be responsible for scrutinising the Secretary of State’s performance and delivery in carrying out the functions that we are about to give him or her?

Can the Minister clarify what role this new body will play and whether it will have that oversight? While we are on the subject, can he also bring us up to date about when we will see the OEP? It seems the timetable is slipping, yet an awful lot is riding on the future of that organisation. It would be helpful if he could update us on that because, once that body is in place and we have had the assurances about what we hope will be its all-embracing role, some of these other issues will fall into place and we will not be so anxious about them.