Peatlands: Commercial Exploitation

Baroness McIntosh of Pickering Excerpts
Monday 9th September 2019

(4 years, 8 months ago)

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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As an amateur gardener, I agree with what the noble Baroness has said. It is precisely why we have embarked on a £1 million project, which ends at the end of this year, co-funded by the Agriculture and Horticulture Development Board, with growing-medium manufacturers and commercial growers. It is being undertaken by ADAS and the Quadram Institute. The results so far are very promising. Some of the new mixes have proved very successful, and that must be the way forward. Clearly, we need to produce different materials if we want ericaceous compost for seeds and all the different components of agriculture, but the results so far are promising, and that is how we must proceed.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, will my noble friend perhaps display a greater sense of urgency, considering that it takes 200 years to create a peat bog? Since there are flood prevention schemes, such as the Pickering pilot scheme, will the Government ensure that peat bogs are created as part of such restoration schemes and will they form part of the land management system under the eventual agriculture Bill?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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Undoubtedly, peat bogs and fens help with flood management and improve water quality. Indeed, they play a considerable part in climate regulation, which is why in the wider research beyond what I have already described we are funding research into mitigation strategies—for instance, for lowland peatland. This research is being led by the Centre for Ecology & Hydrology. One of the things, of course, is not to let peat dry out.

Brexit: Food Standards

Baroness McIntosh of Pickering Excerpts
Wednesday 4th September 2019

(4 years, 8 months ago)

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, perhaps I am the one who is confused. I have made it absolutely clear that all the EU import requirements will remain, irrespective of the tariff regime. The noble Lord shakes his head but that is the truth. It will be the law. All the EU import requirements will continue and that is the precise point I am making. This is why the consumer is secure. All of these elements cannot be imported unless they have the standards currently in place.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, my noble friend will recall that a government amendment in the name of my noble friend Lady Fairhead was carried enhancing just these protections in the Trade Bill, which is currently still before the House of Commons. What is the fate of that Bill for rollover agreements? If it falls, will the Government be minded to ensure that this will be part of government policy?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, the first part of my noble friend’s question might be above my pay grade, but I am absolutely clear—this is government policy—that all the requirements we are taking over will continue, including, as I emphasised, all the import requirements, whether for products of animal origin or high-risk, non-animal origin products. I have a long list of them. That is precisely why I believe we will continue with our very high standards.

Biodiversity Duty: Public Authorities

Baroness McIntosh of Pickering Excerpts
Monday 22nd July 2019

(4 years, 9 months ago)

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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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.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, does my noble friend agree that ash tree dieback has caused great devastation to self-planting trees? Many of them are on property owned by local authorities. Will my noble friend confirm that it will be a biodiversity duty of local authorities to remove such trees, and has his department made an estimate of the cost of such removal?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, my noble friend is right to highlight the biodiversity costs of losing ash trees. It is why, with research, we have found the most tolerant strains. We will be planting a large plantation of the most tolerant strains next year so that we can ensure that ash retains its important part in our ecosystems. We have also produced a toolkit and we are working with local authorities as, clearly, not only is health and safety involved but we want to ensure that the most tolerant trees are conserved. A lot of work is being done on that. For instance, I commend Devon County Council for its policy that, for every tree that is felled, three are being planted. That is a message for everyone.

Soil Health

Baroness McIntosh of Pickering Excerpts
Monday 8th July 2019

(4 years, 10 months ago)

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, as I just said, one of the research projects is undertaking to have indicators and a framework. Good soil health provides a public benefit. It obviously provides a private benefit to farmers and food producers, but it also produces a very considerable benefit for public good. That is why it is important for it to be part of the testing and trials of the environmental land management scheme.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, does my noble friend agree that some of the healthiest soil is that created by a peat bog? Will he pay tribute to those who were alive to the Slowing the Flow at Pickering flood prevention project, part of which was to create a peat bog, which can take up to 200 years to form. Are the Government planning to create more peat bogs as part of the public good, to be announced in due course?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, as part of the England Peat Strategy, and the research we are undertaking feeding into it, we are also establishing a lowland agricultural peat task force. The Adaptation Sub-Committee of the Committee on Climate Change has suggested that there is a loss of peat soils, particularly in the East Anglian fens—where there is big production of food—but I also commend Slowing the Flow at Pickering, another example of what we do in restoring the natural ecosystem and managing flooding.

Office for Environmental Protection

Baroness McIntosh of Pickering Excerpts
Wednesday 22nd May 2019

(4 years, 11 months ago)

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Asked by
Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering
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To ask Her Majesty’s Government when they expect the Office for Environmental Protection to be operational; what its remit will be; and in the interim, which body will ensure compliance with environmental protection legislation and regulations.

Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
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My Lords, we are planning for the office for environmental protection to be operational from 1 January 2021. The OEP will be an independent statutory organisation established by the environment Bill. It will provide environmental scrutiny and advice, respond to complaints and take enforcement action. If necessary, we are ready with interim arrangements. These will provide an initial assessment of complaints, scrutiny of the 25-year environment plan and ad hoc advice until the OEP is established.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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I am grateful to my noble friend for that reply, and I yield to no one in my admiration of his concern for the environment. The Government have committed, in the EU withdrawal Bill being brought forward by the Prime Minister, to enforcing environmental protections but, in the unfortunate position of the United Kingdom leaving the European Union with no deal, we will lose access to the European Commission and the European Court of Justice to enforce the principles of environmental protection to which we have subscribed. Does my noble friend share my sense of urgency about setting up the office for environmental protection before 2021 to ensure that we will have a mechanism in place for enforcing all the principles to which we have subscribed under the EU in the event that we leave with no deal?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, that is precisely why we have the interim arrangements and the establishment of a non-statutory secretariat for those circumstances. It would be headed by a distinguished environmental lawyer. All of this is to ensure that, before the operation of the OEP, there is a body up and running and thus ready to take action in terms of the functions that apply directly to central government and public bodies. When the OEP is set up, those functions will be passed on, so there will be no gap in terms of holding government and public bodies to account.

Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts
Monday 13th May 2019

(4 years, 12 months ago)

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Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
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My Lords, I hope that it will be helpful to your Lordships if I speak to both the Animal Health, Alien Species in Aquaculture and Invasive Non-native Species (Amendment) (EU Exit) Regulations 2019 and the Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019, given the close connection between the two instruments.

It may also be helpful to explain why we are debating the Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 again when it has already had your Lordships’ full consideration. We are doing so because timetabling issues in the other place led to a delay in the instrument being made; that meant that it was necessary to withdraw the instrument and make it under the emergency procedure, under which we are now debating it. Both statutory instruments were made under the emergency procedure as both were required to support the UK’s application to the European Commission for third-country listed status for animal health purposes. As the Government have made clear, we are seeking a negotiated deal with the European Union, but we are taking responsible action to prepare for other scenarios.

The European Commission called a meeting of the relevant committee—SCoPAFF—on 9 April to consider the UK’s third-country listing application and made it clear that it required all relevant animal health legislation to be in place by that date. Both SIs therefore had to be made in a very short window of time as both contain amendments to animal health legislation. By using the emergency procedure to make the SIs, the UK was able to assure the Commission that all relevant legislation had been made, enabling member states to vote unanimously on 9 April to list the UK as a third country. This would have enabled the export of animal products and most live animals from the UK to the EU to continue in the event of a no-deal scenario on 12 April. The Government have taken care to avoid using the emergency procedure under the EU withdrawal Act, but we considered use of this procedure to be appropriate in this instance.

I want to make it clear that our biosecurity controls for animals and plants are paramount and that these instruments continue to contribute to ensuring that we will have the most robust arrangements in place to protect public health and the environment. The instruments make technical operability amendments covering animal health, plant health, aquaculture, invasive non-native species, seed marketing and seed potatoes, and will contribute towards ensuring that the legislation protecting our biosecurity is fully operable.

As the first statutory instrument has been debated in this House previously, I hope that it will be helpful if I summarise it. The amendments made by the instrument concern recent updates on animal health control measures relating to African swine fever in certain member states. Retaining this EU decision requires the appropriate Minister in the UK to display public information notices regarding the importance of biosecurity measures to prevent this pig disease being brought into the UK; it also prohibits the movement of live feral pigs.

On TSEs, a reference to a function of the European Commission in the Transmissible Spongiform Encephalopathies (England) Regulations 2018 has been amended to refer to the Secretary of State instead of the EU Commission.

Part 3 of the statutory instrument covers plant health. It amends the Plant Health (Amendment) (England) (EU Exit) Regulations 2019 and the Plant Health (EU Exit) Regulations 2019 to recognise arrangements with the Crown dependencies and deal with new EU plant health decisions, including controls on the red-necked longhorn beetle. I remember with some affection the debate we had on this particularly difficult beetle. As I said before, this is a damaging pest and a threat to a range of fruit and ornamental species in the UK, including cherry, peach and plum.

Regulations 4 and 5 recognise the arrangements with the Crown dependencies, following planned meetings concluded early in 2019, that will continue to facilitate the import and movement of regulated plants and plant products into the UK. The changes made by this instrument give effect to those arrangements. Regulation 5 also provides for the import of ash wood from the United States of America and Canada to continue under the same stringent derogation provisions after exit, ensuring continuity of supply for UK businesses without—I emphasise this—any compromise to bio- security.

The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 are also amended to enable UK plant passports to contain certain details in relation to the marketing of fruit plant propagating material and fruit plants. This is intended to avoid the need for dual labelling.

Part 4 of this statutory instrument covers seed marketing and seed potatoes, and applies to England as this is a devolved matter. Indeed, in the previous debate we considered the importance of consistency but also of respecting the devolved arrangements, which have worked particularly well. These regulations are amended to ensure that growers in England have continued access from the EU to new varieties of vegetables and a continued supply of seed potatoes for an interim period after EU exit. I remember the noble Baroness, Lady Bakewell, talking about the kalette during that element of our considerations. This instrument is required to attend to a number of elements of retained direct EU legislation to ensure operability and appropriate functioning.

I turn to the Animal Health, Alien Species in Aqua- culture and Invasive Non-native Species (Amendment) (EU Exit) Regulations 2019. This instrument amends four previous EU exit statutory instruments to ensure that the previous instruments work fully as intended. At this moment, I again extend my regrets and apologies, and I take responsibility if errors are discovered, but—as I have said before—given the pressures, I understand how these errors have been made. I put on record that I regret having to bother your Lordships with a piece of business about errors. I am open, transparent and straight about that, but I regret it.

The invasive non-native species instrument is amended to correct a small number of drafting and typographical errors that have been identified. An amendment has also been made to Regulation 7(3)(e) of the invasive species instrument to ensure consistency with the Invasive Alien Species (Enforcement and Permitting) Order 2019. The order provides for recovery of enforcement-related costs from importers by enforcement authorities, and this amendment provides certainty that importers are responsible for these costs.

The two aquatic animal health and alien species in aquaculture instruments have been amended to allow cross-references in the legislation to be more readily understood. I agree with that. Both instruments contain reference to an article in EU directive 2006/88 that has since been implemented by a more recent Commission decision, making these references redundant. These references have therefore been omitted from both SIs.

The instrument relating to the import of and trade in animals and animal products is amended as it revoked a 2006 Commission decision in error, instead of revoking a single article from that decision. This decision imposes the import requirements of fruit bats, cats and dogs from peninsular Malaysia and cats from Australia—intended to prevent the introduction of the Nipah and Hendra viruses—and is now correctly reinstated as EU retained law. The UK does not import any fruit bats, but a number of cats and dogs are imported from these countries and so it was clearly imperative that this situation has been rectified. Again, we are clear that there is no intention to weaken biosecurity standards and, again, I regret that this occurred. I am extremely pleased that, on further scrutiny, this was discovered and we propose through this instrument to sort it out.

Additionally, within the same instrument, lists of animal product commodities that require checks at UK border inspection posts are being amended to make the additional removal of products from the list an administrative function. The import conditions for animals and products remain in the legislation and so, again, there will not be a lowering of any standards.

I emphasise that this corrective instrument makes purely technical changes to these four existing EU exit instruments to ensure that they will operate correctly when we leave. This instrument does not introduce new policy but simply amends the original instruments so that they operate as originally intended.

The decision to use the urgent procedure was not taken lightly. It was deemed necessary in order to protect the biosecurity of the United Kingdom and to prevent financial losses and maintain trade by ensuring that the UK was able to achieve EU third-country listed status in the event of leaving the EU without a deal on 12 April. These instruments will ensure that our strict biosecurity controls with regards to animal health, plant health, aquaculture, invasive non-native species, seed marketing and seed potatoes are maintained. I beg to move.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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I thank my noble friend for introducing these two statutory instruments but regret the circumstances that he has set out. I welcome the opportunity to consider them and I have a couple of questions.

Mindful of the fact that we are on the eve of the Chelsea Flower Show, I wish to press my noble friend on the comments he made in relation to inspections and the role of the import controls. When these were considered in the other place on 9 May, our honourable friend David Rutley said:

“Notifications will be required for live animals, Germplasm and animal by-products not for human consumption, and high-risk food and feed are subject to vet checks”.—[Official Report, Commons, 9/5/19; col. 13.]


This raises a question not only about plants but about who will be responsible for the inspection for beetles. Will it be the responsibility of the UK border inspection or the importer? Will the importer pick up the cost of these inspections?

Page 44 of Statutory Instrument 2019 No. 809, refers to the policy on GMO and food and feed regulations. My noble friend has said that these two statutory instruments have been brought forward today in case there is no deal. It would be welcome if he could reassure me that our policy on GMO will not change in the event of no deal.

On a separate matter, I am keen that we use the same language as is used in this and other statutory instruments and regulations from my noble friend’s department, whether it relates to the import of plants, animals, potato seeds or other items within the remit of these two statutory instruments. We successfully amended the Trade Act, but I am concerned that the wording used in that amendment related only to plant and animal health. I would argue that it should extend to food safety. I realise it does not fall entirely within the remit of these statutory instruments, but I would welcome the opportunity to discuss this at greater length with my noble friend if we have the opportunity to do so. I am very keen that the language used by the Department for Environment, Food and Rural Affairs is the same as that used by the Department for International Trade to make sure that, when we look at these issues across departments, we entirely understand what is being considered.

My final question relates to my noble friend’s comments on Statutory Instrument 2019 No. 813. Page 3 refers to the import of fruit bats, cats and dogs. As he explained, we have no imports of fruit bats, for what purpose are they in the regulation before us today?

Trade in Animals and Related Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts
Monday 13th May 2019

(4 years, 12 months ago)

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I have been privileged to attend and chair some of the British-Irish Council meetings set up as part of the Good Friday arrangements, where the Republic of Ireland, Northern Ireland, the three other parts of the United Kingdom, the Isle of Man, Jersey and Guernsey all meet to discuss these matters, biosecurity, invasive species and their impacts—in fact, for the heightened recognition of the latter, Invasive Species week will be taking place across all those countries and jurisdictions. I thought it important to conclude these remarks on that, as Defra is undertaking these regulations on behalf of Northern Ireland because of the lack of an Executive there. It is important to record firmly that this is an area where there is established and continuing close collaboration. I beg to move.
Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I have just one question for my noble friend. In referring to the trade in animals and related products regulations, he mentioned that the tripartite agreement will cease, which is absolutely true. He also mentioned that this first statutory instrument will refer to the movement of horses between Northern Ireland and southern Ireland. That begs the question of the status of the tripartite agreement. Are we expecting a statutory instrument that will replace it as regards movement of racehorses and other horses between France, Britain and Ireland? This is obviously a matter of great concern among the racing community, and we now have the time to negotiate an agreement. What form will it take? Will it come before the House?

Baroness Parminter Portrait Baroness Parminter (LD)
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My Lords, I thank the Minister for his introduction. As he said, we have discussed a number of these issues on previous SIs, looking at them in the context of our whole country, but there are obviously particular issues here given the land border between Northern Ireland and the Republic of Ireland. I thank the Northern Ireland civil servants for their assistance on this as I tried to grapple with some of the issues of operability, particularly the resource implications of some of these changes should we be in the unfortunate situation of either leaving the European Union or ending up with a no-deal exit.

First, can the Minister confirm my understanding that there will be a significant increase and strain on the number of inspectors that the Northern Irish team will need? I understand it will need more than double the number of horticultural inspectors, which is a significant number in terms of both cost and finding them in a short time. That gives an indication of the scale of the challenge that the Northern Ireland plant health team will have to face.

Furthermore, as the Minister rightly said, plants and plant products coming into Northern Ireland from non-EU countries will need to be checked at an authorised trade premise or designated point of entry. The most likely route for that would be arriving on a roll-on, roll-off at Dublin and then travelling overland to Northern Ireland, yet I understand that currently no businesses have registered as authorised trade premises, so the only designated point of entry for those checks would be Belfast port.

In an earlier debate on this SI, we had a fairly full and frank discussion on this, when the noble Baroness, Lady Young of Old Scone, who is not in her place, talked about our fear of “trailing pestilence” across our country. There is an issue for those of us who worry about transporting unchecked consignments to designated premises outside individual ports for checking. Having said that, at the moment there are no designated points of entry for checks in Northern Ireland other than Belfast port. Are the Government seeking to encourage stakeholders to become authorised trade premises to relieve the burden on Belfast port, and if no business premises are approved, is the Minister confident that Belfast port can deal with all the checks likely to be needed?

I have concerns, too, for Northern Ireland farmers in the event of no deal. It is clear from discussions on the SI on trade in animals and related products that if we leave without a deal, farmers will be obliged to have any livestock they are sending to the EU enter via an EU border inspection post. If the Government fail to reach an agreement with the EU, we could see Northern Ireland farmers and their livestock having to be transported greater distances, with all the risks to their welfare that that entails, because they have to go first to an EU border inspection post before onward transportation. What indications has the Minister had from the EU of where those EU border inspection posts might be in the event of no deal?

As the Minister rightly said, an issue of social concern in Northern Ireland is the movement of pet animals because of its land border with the EU member state of the Republic. I will not repeat our exploration in previous SI debates of the additional costs, delays and administrative burdens for owners wishing to take their pets into the EU should the Government fail to secure listed status in the event of no deal, but clearly this will be a big concern for Northern Ireland given its land border. Can the Minister give any update on discussions with the EU on this issue which might mitigate the considerable extra burdens that Northern Ireland pet owners would face in the event of no deal?

Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts
Wednesday 8th May 2019

(5 years ago)

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Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
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My Lords, I declare my farming interests as set out in the register.

The purpose of this statutory instrument is to ensure that the regulatory baseline currently applicable in the UK under European Union legislation will be maintained on the UK statute book and can continue to operate effectively after exit. This instrument does not make any policy changes. It consists of a series of technical amendments that are essential to ensure that two new amending EU common agricultural policy regulations are retained in UK law at the point of the UK’s withdrawal from the EU.

This instrument is among a small number of affirmative statutory instruments that have been made under the urgent procedure. The urgent procedure was used because during March 2019 the European Commission introduced two new amending EU CAP regulations and it was essential that the UK should retain these amendments in an operable form in advance of a possible no deal exit on 12 April 2019.

The two new amending EU common agricultural policy (CAP) regulations are EU regulation 2019/288, which applied to all member states from 1 March 2019 and relates to direct payments to farmers under the CAP; and EU Commission delegated regulation 2019/428, which took effect from 26 March 2019 and relates to marketing standards in the fruit and vegetables sectors under the common organisation of agricultural markets (CMO). The instrument also takes the opportunity to make a few minor typographical corrections and, in the case of Regulation 3(3), removes a duplication in a small number of previous Defra EU exit SIs. Again, these amendments represent no change to policy. Agriculture is a devolved policy area and Defra has worked closely with devolved Administrations, who have all given their consent to this instrument.

As I explained on 20 March 2019, when we debated a number of instruments concerning the common agricultural policy, the UK Government have pledged to continue to meet their funding commitments in the agriculture sector. This SI, by taking account of the EU’s regulatory updates, fine-tunes Defra’s direct payments EU exit instrument, ensuring that the flexibilities to manage the budget between Pillar 1 and Pillar 2 are reflected and up to date.

The EU direct payments provisions amended by this instrument will enable UK relevant authorities to continue to have the flexibility to decide whether to transfer funds from the direct payments budget to the rural development budget via an inter-pillar transfer. This inter-pillar transfer provision was available across the United Kingdom in previous years of the CAP and has been used by England, Scotland and Wales in those years, but was limited up to and including the 2019 direct payments scheme year. Defra had already intended to address that regulatory gap for the 2020 scheme year via domestic legislation. However, the EU has now decided to make an inter-pillar transfer provision available to member states for the 2020 scheme year. That decision came into effect via new EU regulation 2019/288 on 1 March 2019, and Defra has taken the earliest available opportunity to account for these changes through this instrument. This instrument will retain the valuable flexibility currently afforded to UK relevant authorities. This will enable direct payment and rural development funding levels for 2020 to be maintained in line with previous years.

For the common market organisation, this instrument amends provisions of an existing exit SI as regards marketing standards for mixes of fruit and/or vegetables and citrus fruit. The EU has recently undertaken some refinements of its regulations on marketing standards for fruit and vegetables to align the EU marketing standards with the latest United Nations Economic Commission for Europe marketing standards. It has also clarified that marking and labelling requirements for small packages of mixed fruit and/or vegetables apply equally to mixes of fruit, mixes of vegetables and mixes of fruit and vegetables. That update came into effect on 26 March 2019, and the version of the EU marketing standards regulation that will be retained in UK law on exit will include this update. We want to ensure that this regulation is operable in the UK at the point of leaving, taking this amendment into account. The updates made by this instrument are therefore only technical in nature, such as ensuring that labelling changes are applied consistently and updating references to other provisions. This will provide clarity to stake- holders.

Finally, we have used the opportunity provided by this instrument to make minor technical amendments to four EU exit statutory instruments relating to the CAP that were made by Defra between February and March 2019. By way of example, Regulation 3(3) of the instrument omits a duplicated provision. Regulation 6(2) amends a phrase in a non-operative section of a domestic SI describing a provision of retained EU legislation to ensure the terminology is consistent with the exit statutory instrument that amends the provision described as “appropriate authority” rather than “relevant authority”. Neither amendment has a practical implication; they merely tidy up the statute book. The other corrections are essentially of a typographical nature, such as use of the word “of” instead of “or”; taking account of different phrasing in the EU regulation; and correcting an instance where the text quoted in the statutory instrument does not match the text in the retained EU regulation.

I take full responsibility for the errors, and obviously I regret any error. As I have said before, my task is to ensure that everything is right. I assure your Lordships that we felt it better to attend to these, so that the statute book was perfection. I am being absolutely open when I say that we need to attend to them. I hope your Lordships will understand that I am always disappointed to have to offer my regrets about inaccuracies, but is it not far better to be straightforward? I beg to move.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I take this opportunity to thank my noble friend for bringing forward these regulations today. I also take the opportunity to thank his department, which had to deal with more statutory instruments in a record time to enable us to be prepared for what could still be the eventuality of Britain leaving the European Union with no deal. I know that this has been at some considerable human cost to his department.

My question relates to information from the new Minister for Agriculture in the other place, right honourable friend Robert Goodwill. As my noble friend alluded to in his introduction, the Minister set out the ability for inter-pillar transfers between Pillar 1 and Pillar 2. When this was considered in the other place, our right honourable friend stated that,

“inter-pillar transfers of up to 15% can be made from year to year”.

He went on to elaborate:

“England has availed itself of 12%, Scotland 9.5%, and Wales 15%—the full amount”.—[Official Report, Commons, Second Delegated Legislation Committee, 7/5/19; col. 8.]


As of that date, Northern Ireland had yet to avail itself of the transfer because of its particular circumstances.

What my noble friend has brought forward today will ensure that we will be prepared to leave. I congratulate him on his honesty in identifying the errors that were made, inevitably, in bringing forward so many statutory instruments in such a short time. What will be the position relating to Scotland, Wales and Northern Ireland in the run-up to and post 2020? I also welcome the commitment that funding will still be in place, as I understand it, until that time. What is the status of the framework agreement that will, presumably, come into place to deal not just with agriculture but with fisheries and a number of other areas relating to my noble friend’s work in the department? I understand that it will be the UK Government who will decide what the position is for agricultural policy at that time. At the moment, Scotland and Wales have been able to have a differential in the transfer between Pillar 1 and Pillar 2. Will they lose that flexibility going forward, either before or after 2020?

I intend, however, to give a fair wind to the statutory instrument before the House today.

Farming Communities: Rural Crime

Baroness McIntosh of Pickering Excerpts
Thursday 2nd May 2019

(5 years ago)

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, I certainly will. As rural affairs Minister, I take the whole issue of the way in which rural communities are looked after very seriously. This is particularly important for isolated communities. The police resources allocation formula is a calculation that uses various data sources to share money between authorities. The formula predicts the relative workload or need for each category of police activity. As Rural Affairs Minister, I am keenly aware of the fact that there is a lot of work that can be done with rural communities, through working with the police and police and crime commissioners. I will certainly take this up with colleagues in the Home Office, because rural communities must be looked after.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, would my noble friend take this opportunity to congratulate the work of what I think was the first rural crime task force, set up by North Yorkshire Police? Will he use his good offices to ensure that rural crime is given a higher priority by the Home Office?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, as I said to the noble Baroness, Lady Jones of Whitchurch, it is very much the case that we need to work with the Home Office. We work with it very closely and also work with the National Police Chiefs’ Council, on wildlife crime, for instance, and the National Rural Crime Network. Clearly, these rural crimes are devastating for rural communities.

National Policy Statement for Water Resources Infrastructure 2018

Baroness McIntosh of Pickering Excerpts
Thursday 11th April 2019

(5 years ago)

Lords Chamber
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Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I welcome this debate and am delighted to follow the noble Lord, Lord Wigley. I declare my interests on the register. I co-chair the All-Party Parliamentary Water Group with the honourable Member Angela Smith in the other place. I also do some excellent work with the water regulator for Scotland—the Water Industry Commission for Scotland—and, through that, with WAREG. I am vice-president of the Association of Drainage Authorities and I am the recently appointed president of the NEA.

I am extremely proud of the work I have done with the Water Industry Commission for Scotland, through which we managed to achieve a contract for technical assistance with the Romanian equivalent regulator, under the auspices of the EU. Through WICS, I have worked with WAREG—the European association of water regulators—and have seen first-hand the importance of sharing best practice both between member states and between existing member states and applicant countries to the European Union.

I congratulate the Minister and the Government on producing this draft national policy statement and, in particular, on the collaborative way that they have worked with the water sector in producing it. It plugs the gap to boost water efficiency, originally as set out in the Walker review. It is interesting that it has taken this long for water efficiency to become the order of the day, but I welcome the recent initiative shown by the Environment Agency in this regard. Successive Governments have implemented the recommendations of the Cave review on competition and, in large part, the recommendations set out in the Pitt review for flood and water management.

I echo the importance that my noble friend has attached to infrastructure and resilience in that regard. I have a passion for SUDS, or sustainable drainage systems, which I hope my noble friend will share, and also for the building of more reservoirs. That begs a question, given that it is one of the remaining issues from the legislation that was set out between 2010 and 2015. I urge the Government to deal with the de minimis rule that is currently discouraging the greater use of reservoirs on farms, golf clubs and caravan parks. I notice that, both in the document and in the Minister’s remarks, the focus is especially—and, probably, quite rightly—on nationally significant infrastructure projects in the next three to five years. I urge the Minister and the department to look at the importance of smaller reservoirs, too, particularly in areas of increasing water stress, where the environmental impact will surely be much less—both in the building of reservoirs and their maintenance.

I entirely endorse the remarks that my noble friend made about leakage. About seven years ago, Yorkshire Water, under measures it signed up to during the last price review, invested in setting up a highly commendable leakage programme. The programme was set back by three days of sub-zero temperatures reaching minus 17 degrees. I defy anyone to be able to protect pipes from freezing at that temperature. I hope that the Minister and the regulator will look kindly on companies that operate under the additional burden of sub-zero temperatures. As I say, it is impossible to protect against leaks in such circumstances.

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Lord Adonis Portrait Lord Adonis
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The noble Baroness says we should end the automatic right to connect, but would that not create severe problems for new enterprises if they cannot be sure that essential infrastructure for them to operate will be available when they go about their lawful and proper activities? How does she see this issue being resolved if there is not an automatic right?

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering
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I refer the noble Lord—who, given his previous roles, is much more knowledgeable on these matters—to the Pitt review.

How can we ask water companies already in areas of national stress—whether the north-east, where there are pockets of national stress, or the south-east and East Anglia, where we have heard that there are specific problems of water stress—to supply water and take wastewater away safely if they are not consulted and do not have the wherewithal? I have seen first-hand in areas such as Filey that new developments are built on fields that take displaced water—flood-water, essentially —and that water then goes into existing developments. I do not think future home owners should put up with that. Developers go in, build projects where there have been no sustainable drainage systems in place and walk away. We are creating something that I would like to see fixed once and for all—I am not discouraging new enterprises—by giving water companies the tools to do the job. Let us ensure that they are heard. Have we not seen that, once the Environment Agency secured the status of statutory consultee, its advice has been heeded much more rigorously than was ever the case in the past? I rest my case.

Finally, I urge my noble friend the Minister to give greater clarity to natural capital, what is meant by natural capital and what greater role it might play in water policy going forward.