Water Industry (Financial Assistance) Bill

Baroness McIntosh of Pickering Excerpts

Tuesday 6th March 2012 Commons Chamber

[Richard Benyon]

I am sorry, but I am a bit short of time, and I may be about to answer the point. Despite the concerns raised by my right hon. Friend the Member for Bermondsey and Old Southwark, Ofwat regulates the ring-fenced regulated businesses and ensures that customers receive value for money from them. Who ultimately owns that ring-fenced business makes no difference to customers; the licence conditions attached to the ring fence provide the necessary protections. Thames Water’s structure is similar to that of several other water companies.

We heard eloquent and passionate speeches from the right hon. Member for Lewisham, Deptford (Dame Joan Ruddock) and from the hon. Member for Poplar and Limehouse (Jim Fitzpatrick), reminding us of the potential impacts of the tunnel’s construction on their constituents. I remain ready to work with them to try to minimise the impacts in any way I can. I am very conscious of the effect that it can have on communities.

My hon. Friend the Member for Thirsk and Malton (Miss McIntosh), my right hon. Friend the Member for Bermondsey and Old Southwark and the hon. Member for Edmonton (Mr Love) asked for an opportunity to amend the waste water national policy statement. We are, of course, happy to have a debate on the policy statement, and, like other debates in the House on national policy statements, it would be a yes or no debate. Best endeavours are being made to ensure that it is held before the Easter recess, and I hope that that provides the necessary reassurance. As for the other project to which the policy statement refers, the Deephams sewage treatment works, Thames Water intends to begin the phase 1 consultation in about June this year. It is still working on a preferred option, and aims to submit a planning application in late 2013 or early 2014.

The hon. Member for Wakefield (Mary Creagh), the shadow Secretary of State, sometimes reminds me of someone having a fight in a pub when the lights have been turned out. She flails around in all directions, and causes as much damage to her mates as to anyone else. She had to intervene later in the debate to tell us that she was, in fact, supporting the Bill, which is a great relief. That was underlined by the hon. Member for Luton South (Gavin Shuker), and we are grateful for his support as well.

Despite the concerns raised by the shadow Secretary of State, the powers in the Bill are appropriately drafted. Although we currently have no plans to use those powers other than to assist South West Water customers and in relation to the Thames tunnel, we heard many calls today—including, again, calls from Opposition Members—for us to legislate to help reduce the problems of water affordability around the country, and to invest in new infrastructure to help make the country more resilient to droughts in future. As the water White Paper made clear, given our growing population and changing climate, our need for infrastructure investment will not diminish. We should leave ourselves the flexibility to offer similar Government support to future projects if the case is strong. However, it is inconceivable that any nationally significant infrastructure project would proceed with Government backing unless the case had been fully debated, as the Thames tunnel project is at present.

Let me repeat the Secretary of State’s commitment: we will publish a draft Water Bill for pre-legislative scrutiny in the coming months, and it will cover the remaining legislative commitments set out in the water White Paper. The market reform proposals in the White Paper will be a key part of the Bill, and are a direct response to Martin Cave’s invaluable report.

In the few seconds that I have left, I want to talk about affordability. One of the necessary provisions is the ability for us to issue guidance on water company social tariffs, so we can address the issue of water affordability nationally. The reduction in South West Water bills to which we are committed addresses an exceptional historic unfairness, but we recognise that many people in the south-west and elsewhere are struggling to pay their water bills. We are encouraging all water companies to introduce social tariffs to reduce those bills in order to help people who would otherwise struggle to pay them, and we will publish final guidance on the design of the tariffs in the spring.

My hon. Friends the Members for St Ives (Andrew George) and for Newton Abbot (Anne Marie Morris) were keen for us to expand the existing reach of the WaterSure scheme. I assure the House that we have considered that carefully, but, as Members will appreciate, we have to make tough decisions about the use of limited public funds.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

Will my hon. Friend give way?

[Richard Benyon]

I am sorry, but I cannot.

My hon. Friend the Member for Newton Abbot expressed the fear that not all household customers would receive assistance. We know that in some cases the bill payer is the landlord or manager, for example in a park home, a block of flats or sheltered accommodation. I assure my hon. Friend that we are working with South West Water to ensure that the money reaches the people, in whatever residence they live.

As the water White Paper explained, keeping water affordable is vital, but it is also vital for us to use water more efficiently. While there are many uncertainties in connection with the weather, the one thing of which we can be certain is that it will become more unpredictable. That is why we are taking action now, and why we are responsible for ensuring that we use water wisely so that we can retain a secure water supply in the months and years ahead.

I am grateful for the support of Members in all parts of the Chamber, and I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Water Industry (financial assistance) Bill (programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Water Industry (Financial Assistance) Bill:

Committal

1. The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee, on consideration and on Third Reading

2. Proceedings in Committee, any proceedings on consideration and proceedings on Third Reading shall be completed at one day’s sitting.

3. On that day, proceedings in Committee and any proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption.

4. On that day, proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption.

5. Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, any proceedings on consideration or proceedings on Third Reading.

Other proceedings

6. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(Mr Vara.)

Question agreed to.

Water Industry (financial assistance) Bill (Money)

Queen’s Recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a),

That, for the purposes of any Act resulting from the Water Industry (Financial Assistance) Bill, it is expedient to authorise-

(1) the payment out of money provided by Parliament of any expenditure incurred by the Secretary of State by virtue of the Act, and

(2) the payment of sums into the Consolidated Fund.—(Mr Vara.)

Question agreed to.

Oral Answers to Questions

Baroness McIntosh of Pickering Excerpts

Thursday 1st March 2012 Commons Chamber

[Mrs Spelman]

After you! I say that because both the Minister of State and I have planned visits to Northern Ireland, and I am to meet Jim Nicholson in a few days’ time. As I said, at every Council meeting we have the opportunity to meet devolved Ministers, but both the Minister of State and I have planned visits to Northern Ireland in the near future, as, I am being told, does the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Newbury (Richard Benyon).

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

The Select Committee on Environment, Food and Rural Affairs has come up with a novel means of negotiating decision making on fisheries management back to the member states. Will the Secretary of State take this opportunity to amend the regulations, as part of the common fisheries policy, to end the micro-management from Brussels and enhance local decision making?

[Richard Benyon]

I will examine any suggestion that unpicks a system that has failed fishermen and the marine environment. I am putting all my energies into trying to get a meaningful reform that will enable the regional control of fisheries, taking this away from the micro-management by people who often sit about 1,000 miles away from the fishermen who are actually doing the work.

--- Later in debate ---

[Tony Baldry]

My hon. Friend raises an interesting point. It is a fact that Christians in Syria have found a modus vivendi in the past and it is a real tragedy that such human rights atrocities have taken place in Syria. Throughout the middle east, I am afraid, Christians are being put under intolerable strain and pressure, and that must be a matter of concern for us all.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

7. What recent representations the Church Commissioners have received on bats in churches; and if he will make a statement.

[Tony Baldry]

On 29 November the Bishops of Lincoln, Norwich and Chelmsford and I met the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Newbury (Richard Benyon), to discuss how we could better deal with bats in churches. Also at the meeting were representatives of Natural England and the cathedral and church buildings division of the Church of England. I wish to thank the Minister at DEFRA who is working closely with the Church of England to support that work.

[Miss McIntosh]

I thank my hon. Friend for that reply. Are we not over-exuberant in our implementation of the habitats directive? Will he welcome DEFRA’s review to make sure that we are not gold-plating, so that the congregation at St Hilda’s church in Ellerburn can enjoy the facilities they usually enjoy?

Water Industry (Financial Assistance) Bill

Baroness McIntosh of Pickering Excerpts

Wednesday 29th February 2012 Commons Chamber

[Mrs Spelman]

I have already taken one intervention from the hon. Gentleman.

As the Bill contains just two simple spending powers to implement intentions that the Chancellor set out in the autumn statement, our intention is that the Speaker be able to certify it as a money Bill. I am, however, mindful of the limitations that would place on discussions in the other place and of the desire to debate the need for the Thames tunnel, in particular. The need for the proposed Thames tunnel will no doubt be discussed in detail if, as I expect, the waste water national policy statement is debated before the end of March. We will also shortly be laying a draft order before Parliament to amend section 14 of the Planning Act 2008. This section 14 order would enable a major sewer such as the Thames tunnel to be included as a nationally significant infrastructure project, and we look forward to hearing any concerns that hon. Members may have.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

My right hon. Friend will be aware that the Select Committee undertook some work on the waste water policy statement, largely addressing the whole issue of the Thames tunnel. I am mildly surprised that we did not use that opportunity, either during the Committee’s work or the Government’s response to it, to discuss this particular planning point.

[Mrs Spelman]

I thank my hon. Friend for that question. As I just said, there were 21 working days for the national waste water policy to be debated from the moment it was laid before Parliament on 9 February. There is still time and I am sure that hon. Members will take advantage of that.

Finally, those looking forward to seeing the other legislative reforms proposed in the White Paper should rest assured we are firmly committed to our programme of market reform for the water and sewerage sector.

--- Later in debate ---

[Miss McIntosh]

I am delighted that the hon. Lady had the opportunity to visit my constituency and I look forward to hearing from her how that went. Does she not appreciate the fact that, as the Secretary of State has just mentioned, £90 billion has been invested since privatisation that probably would not otherwise have been invested? There was also a debate among the hon. Lady’s hon. Friends in the past about privatising the railways, but there is general agreement in the country that water privatisation has been a success bar the unfortunate circumstances that pertain in the south-west in the context of its having the longest coastline and the application of the EU bathing directive in that regard.

[Mary Creagh]

I am happy to report that the pigs I met in the farmer’s field in the hon. Lady’s constituency were extremely well. There was a very strong smell of bacon coming off them, even while they were alive, which was very nice, and I was very happy to see them.

On privatisation, we accept the consensus that privatisation is here to stay and that it has delivered the investment in the infrastructure at no direct cost to the taxpayer. It is clear that that cost has been paid indirectly by customers through their bills, however, with particular damage to customers in the south-west. That is why the Bill is with us today.

--- Later in debate ---

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

I congratulate the Secretary of State and the Department on bringing forward what some might call a small but perfectly formed Bill. The House will be at a loss to understand from what the shadow Secretary of State said whether the Labour party is in favour of the Bill, the Thames tunnel super-sewer structure and the more affordable water bills that the Bill proposes.

I would have welcomed the opportunity to put my points to the Secretary of State, but I see that she has been called away urgently. She talked about the 21 days available for a debate on the national waste water policy. I am delighted that the relevant documents have been selected for this debate, which allows me to draw attention to the conclusions in the Environment, Food and Rural Affairs Committee’s fourth report, on the draft national policy statement on waste water. We stated:

“Given the importance of this NPS in delivering waste water and water quality objectives, we recommend that it be subject to a debate on the floor of the House of Commons on an amendable motion prior to desgination.”

When the Under-Secretary of State, my hon. Friend the Member for Newbury (Richard Benyon), winds up the debate either today or on some future date, will he confirm whether the Government intend to table an amendable motion for debate?

[Simon Hughes]

The Minister knows that some of us have been asking for that process to be followed, and we look forward to such a motion coming before the House. I therefore endorse the hon. Lady’s request, which I think will have widespread support from all parties.

[Miss McIntosh]

I am sure the Secretary of State, wherever she is, and my hon. Friend the Minister will have heard that point.

[Mr Love]

I, too, express my interest in having a debate on the national policy statement, which is very important. The hon. Lady mentioned the need for an amendable motion, but from speaking to the Minister’s office and the Department’s parliamentary office, I understand that it will be non-amendable. An amendable one would be greatly preferable.

[Miss McIntosh]

I am grateful to the hon. Gentleman, and I commend his work in bringing his constituents’ concerns to the Select Committee and continuing to represent them now. Those of us who work in London during the week all wish to see the super-sewer in place, but we understand the length of time that it will take. There has not been an engineering project of that nature since, I think, 1858, and the Committee has no doubt about the impact that the sewer’s construction will have on his constituents and others.

The Committee’s wish, as recorded in our report, is for an amendable motion, and I am delighted that there is support for that. It may be within the gift not of the Minister but of the party managers, and looking further along the Treasury Bench I see how well represented they are today. I am sure that our point will be taken back to the highest possible authorities. I welcome, in passing, the Leader of the House’s commitment to allow more time for this debate.

At the conclusion of her speech, the Secretary of State made some remarks—on which, unfortunately, she would not take any interventions—about the amendment relating to planning, which will be of great interest to the Select Committee and, I am sure, to right hon. and hon. Members who live along the path of the proposed super-sewer. I hope that my hon. Friend the Minister will be able to clarify those remarks.

On the waste water national policy statement, the Committee is pleased that the Government’s response to our report set out the areas where DEFRA has accepted our recommendations and consequently amended the NPS—for example, in line with our recommendation that the inclusion of a project in Ofwat’s asset management plan be removed as a criterion of proof of the need for the project.

[Neil Parish]

It is absolutely right that the planning process be taken into consideration. In my view, the Thames tunnel must go ahead, because when I was returning to Battersea from this House late one evening, cycling along the Embankment, the tide was low, and I could smell the sewage being pumped out into the Thames. [Interruption.] Hon. Members may turn their noses up, but I have smelt it, and we must do something about it.

[Miss McIntosh]

Given what the hon. Member for Edmonton (Mr Love) said as well, I do not think that the House is in any doubt about the need for the Thames tunnel super-sewer, but we should not underestimate how long the project will take and its cost. Concerns about rising costs, to which hon. Members alluded, were expressed in the evidence to the Committee.

[Mary Creagh]

The hon. Lady said that she was not clear whether we support the Bill. I want to put it on the record that I said at several points that we do support it. As for whether we would continue with it, we would have no plans to repeal it in government if we were elected in 2015.

[Miss McIntosh]

I am sure that the whole House will welcome the hon. Lady’s helpful clarification, because her concluding remarks were a little ambivalent.

Returning to DEFRA’s acceptance of some of our conclusions, some of the site-specific material has been moved to an annex that is part of the document that is not to be relied on by the decision maker in reaching a decision on a project. That meets, to some extent, our criticism about the inclusion of weak material on the Thames tunnel, as well as on Deephams sewage treatment works. Perhaps my hon. Friend the Minister will also give us a status report on those treatment works.

[David Mowat (Warrington South) (Con)]

In the Select Committee’s consideration of the £50 reduction in the south-west, did it look at water poverty more generally across the United Kingdom, including whether other regions have more consumers in water poverty than the south-west, so that it might have been fairer for the money to have been allocated in a different way?

[Miss McIntosh]

In our report on the Thames tunnel, we did not consider aspects of affordability, which are rightly covered in an earlier report to which I will turn shortly.

I am delighted that DEFRA accepts that the remaining site-specific sections have been improved and that the Government have, as recommended by the Committee, moved to change the definitions in the Planning Act 2008 to include sewerage transfer and storage projects such as the Thames tunnel in the process for deciding applications for nationally significant infrastructure projects. The Committee welcomes that. I hope that we have discharged our duties comprehensively, given that this was one of our first opportunities to do so under the Planning Act.

[Simon Hughes]

I pay tribute to the hon. Lady and her colleagues on the Select Committee. May I make an unashamed, but well-linked plug? Next Tuesday, 6 March, at 7 o’clock in Committee Room 11, I will be hosting a meeting to discuss the state of the issues that relate to the Thames tunnel. I hope that she or one of her colleagues will be able to come and listen to what is said.

[Miss McIntosh]

I am most grateful. If it does not clash with our Committee meeting, all of us who are available will endeavour to be there.

I echo the comments of the hon. Member for Wakefield (Mary Creagh) about there not being an impact assessment. The explanatory notes state that because the Bill is concerned solely with public expenditure, no impact assessment has been undertaken. Clearly, it is not just about public expenditure; a substantial amount of money is being requested by the water companies, through the Government, to give a £50 reduction. The Minister will be aware that some of those who live in and represent the south-west are concerned that increases in inflation will wipe out the £50 reduction.

Today, the Select Committee took evidence from the Minister of State, Cabinet Office, who is responsible for providing policy advice. He told us that an impact assessment is meant to look at the environmental impact of a project. I am not suggesting that the Bill is defective because it does not have an impact assessment, but I would like to record my personal disappointment that there is no impact assessment. It would have allowed the House to perform proper scrutiny on Second Reading and in subsequent parliamentary stages. It should have been incumbent on the Government to produce an impact assessment on the implications for the water companies of the reduction of water bills in the south-west of England and on the impact that the Bill will have on Thames Water.

The Select Committee produced an excellent first report of this Parliament, if I may describe it as such, entitled, “Future flood and water management legislation”. It is right at this moment to pay tribute to the work of the previous Government. There was all-party support for the Pitt report and its recommendations. There was also all-party support for, and obviously positive scrutiny of, the Flood and Water Management Act 2010. The fact that we are having to wait for the draft water Bill, which will cover all the other aspects, is a source of concern. We are approaching apace 30 June 2013, when the Association of British Insurers will look to replace its statement of principles on the provision of flood insurance. There will also be a host of other measures to consider.

Perhaps in responding, the Minister could explain what he is doing about insurance. I want to record my personal resistance to any state funding of insurance. There are hard cases, which many of us will have in our own constituencies, where houses remain at a substantial or high risk of flooding. I can think of examples such as Thirsk, Pickering, Malton in the past, and Sinnington at the moment. There are therefore insurance aspects that need to be considered. However, as soon as a Government introduce an element of state funding or state insurance, it leads others who are on a low or fixed income to argue that they have concerns about their ability to pay insurance. I know from the visits I made as shadow floods Minister to parts of the country such as Cumbria that there is real concern, particularly when properties are rented, about whether those on low incomes can afford even contents insurance.

[Stephen Gilbert]

With some 200,000 homes in the country at risk of flooding, what mechanism would my hon. Friend propose for ensuring that the people affected can access affordable insurance?

[Miss McIntosh]

Speaking in an entirely personal capacity, and looking at sustainable development and flood prevention, the one thing we could do today is to stop building on floodplains. Perhaps the House would like to unite around that and an amendment could be tabled to a future water Bill.

There are things that we can do now. There has been lots in the papers recently about water stress and scarcity, and drought. That will inevitably have an impact on homes. There is a risk of subsidence and there are reports of roads cracking. That obviously has insurance implications for householders and business properties, but also for highways. Again in a personal capacity, I challenge the Minister on how we will pay in those mostly rural areas for roads that are cracking now because of drought rather than the flood damage that occurred in the previous two years.

I welcome the fact that our report discusses the new responsibilities of the upper-tier authorities for flood and water management, and that funds are available. The Government response talks about providing the funding to lead local flood authorities through direct grants and says that that is expected to fund fully their new responsibilities under the Act. However, my local authority tells me that those moneys are not ring-fenced. If that is the case, and we are reducing, because of austerity, the money for the core tasks of the upper-tier authorities—county and unitary—that will pose real difficulty for them, and I put that to the Minister.

My hon. Friend the Member for Tiverton and Honiton (Neil Parish) mentioned affordability. The Minister and others have been challenged about that in many forums, not only the Select Committee, but all-party groups. It is right that the Bill focuses on affordability for the south-west region. [Hon. Members: “Hear, hear.”] I have no connection with the south-west, other than hoping that I have many friends on both sides of the House who represent the region extremely ably. However, there is a particular issue in that the population is small and there is a heavy emphasis on fixed and lower incomes. As I said, the application of the EU drinking water directive, and especially the bathing water directive, posed enormous problems for the south-west.

I therefore welcome the fact that the Bill addresses affordability. I hope that when the House has ample time—I am sorry if it will not be this year; we keep hearing that something will happen in the coming weeks or the coming months—and the draft Bill is before us, we can address some of the other affordability problems and also a social tariff.

[David Mowat]

I have listened to the points about the south-west, and I, too, have no problem with the region being helped through the Bill. However, there is an issue about water poverty and in which regions it is greatest. There is a case for helping them, notwithstanding the specific problems that exist in the south-west. I believe that there is more water poverty in the north-west than the south-west, and there is therefore a case for doing something there at the same time.

[Miss McIntosh]

I do not want to rehearse the arguments I have just made, but every hon. Member could point to examples of water poverty. I am sure all of us have constituents who write to us or come to our surgeries to talk about the affordability of their bills. Dealing with that is the role of Ofwat. I should like to record my thanks to the chief executive, and more especially the chairman, of Ofwat for their work in that regard. They have a real role to play.

One other piece of unfinished business that I expect to be included in the draft water Bill—this was raised in the Committee’s scrutiny of future flood and water management legislation and the Government’s response—is the Gray review of regulatory aspects. I hope my hon. Friend the Minister confirms that that will be covered by the draft Bill, along with the Cave review, which is on aspects of competition—specifically, the level of competition that there will be—and the Walker review. In times of water stress and scarcity, it is important that we encourage people to use water sensibly and, as Ofwat and Anna Walker have frequently said, that we encourage households and businesses not to heat their water beyond the supply that they need, because doing so leads to unsustainable use.

Another issue pertains specifically to the Thames tunnel and more widely. The Committee is persuaded that the Thames tunnel is the best way to proceed for the purposes intended, because sustainable drainage systems were excluded. However, we just touched on how to prevent floods, and I hope the Minister can today report on progress on establishing sustainable drainage systems throughout England and Wales. Will he renew the commitment, or give us a once-and-for-all-time commitment, that the Government will end the automatic right to connect, which goes to the heart of water stress and scarcity? In Filey in my area, 300 houses will be built on a functional floodplain against the council’s advice. The field takes surface water surplus, but there is nowhere to displace it to. Yorkshire Water is trying hard to accommodate proper capacity and connection for those 300 extra homes without making others short of supply, but the area is not flush with water, if you will pardon the expression, Mr Deputy Speaker.

I welcome the debate and the opportunity to draw the Committee’s wider concerns to the House and the Minister. On the two specific points to which my right hon. Friend the Secretary of State referred, I hope the Minister will confirm that there will be a debate on an amendable motion on the Floor of the House on the national policy statement on waste, and clarify what planning issue the Government will bring before the House.

--- Later in debate ---

[Andrew George]

I absolutely agree that there are still many customers of South West Water who could enjoy lower bills as a result of transferring to water meters. Ultimately, however, the unit charges are bound to have to increase once all households switch to water meters. Unmetered households are currently charged significantly more than metered households, so when companies plan for the future it will simply not be possible for them to maintain the same level of profitability and dividend to their shareholders if they continue to charge at the current rate.

The point that my hon. Friend makes is extremely valid, but I must also say that I have taken up issues with South West Water, as I know other hon. Members have done. One such issue relates to customers living in sheltered accommodation or in houses in multiple occupation where they have single unmetered bills but do not have the benefit of being able to convert their property on to a meter because of the circumstances in which they live. In those circumstances South West Water has to be asked for what is known as an “assessed charge”, which often results in those people—inevitably, they are vulnerable households—having their water bill halved or significantly reduced to below that level. So there is further work to do to address the problems of water affordability for those living in households that cannot convert from unmetered to metered properties. I have asked South West Water if they would, as a default, automatically offer the assessed charge to those living in such accommodation, rather than their having to trigger it by requesting it. That is an important point.

[Miss McIntosh]

May I return to the hon. Gentleman’s comment about almost being able to predict the dividend at the beginning of the year? Water companies do not rely solely on water bills for their income and investment. Given that they are now viewed as a fairly reliable investment for pension and insurance funds, is it not a good thing that their dividend is fairly stable?

[Andrew George]

I certainly would not wish to denigrate or diminish in any way the importance of successful British companies. Where a company provides a good basis for investors, I celebrate that, along with others. I am simply commenting on the reality of the situation of water companies in relation to all other private companies, which ply their trade in a much more risky environment. That is simply a matter of fact, not of debate.

Food Prices and Food Poverty

Baroness McIntosh of Pickering Excerpts

Monday 23rd January 2012 Commons Chamber

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

I congratulate the hon. Member for Wakefield (Mary Creagh) on calling the debate. In welcoming it, I draw attention to my declaration in the Register of Members’ Financial Interests. However, there are many other issues that the hon. Lady could have mentioned, which exercise those who live in rural communities. I recognise that Wakefield may not be quite as rural as Thirsk, Malton and Filey, but if we consider poverty among the farming community over the past 10 years, particularly in small upland farms, it is fair to say that farmers are not in a position to employ many outside their own family. Normally the farmer, his wife and his family work on the farm, and that has led to diversification when possible. In some of the most successful examples, such as Shepherds Purse cheeses and Get Ahead Hats, the wife has diversified or gone out to work separately.

The hon. Member for Wakefield also failed to tackle the increasingly important issue of farm-gate prices, as opposed to rising supermarket prices. I would like to draw attention to that. In my constituency, I can point to pockets of rural poverty in the Hambleton district. In the Ryedale district there is a poverty gap, for those on low incomes, between their low wages and the particularly high cost of housing.

DEFRA’s farm business income report showed that the cost of fertiliser and animal feed rose by nearly 30% each in 2010-11, the last year for which figures are available. That means that the livestock and horticulture sectors have suffered falls year on year. I draw the attention of the hon. Member for Wakefield to the fact that livestock farm income fell by 29% in lowland areas and by 19% in upland areas, with horticulture income down 27%.

The hon. Lady did not consider exchange rates, which my right hon. Friend the Secretary of State mentioned. What if the unthinkable were to happen and the euro failed—or what if even one member country fell out of the euro? The question being asked coming up to spring in auction marts, particularly in the north of England, where most of the lambs are exported, especially to France, is: how and in what currency will farmers be paid? They are starting to wonder whether they will be paid at all. We had the opportunity to cover some of those issues in today’s debate, and I am disappointed that we did not.

I welcome the debate, but, as my right hon. Friend the Secretary of State explained, we are looking at the high cost of fuel as well as the increased costs of feedstuffs and fertiliser. As the Chancellor of the Exchequer has said on so many occasions, oil prices are set globally. The price of cereals and many farm commodities are set internationally.

I want to focus on the role of supermarkets, and particularly the part of the motion that deals with the groceries code adjudicator. I draw the House’s attention to a successful one-off evidence session that the Environment, Food and Rural Affairs Committee held. The hon. Member for Wakefield has included kind words about the Committee in her motion. At the evidence session I was very moved by a category of people to whom, again, the hon. Lady did not refer—individual fruit and vegetable growers and horticultural growers, who have the loosest possible arrangement with supermarkets and virtually no protection. We were shocked to realise that their contracts could be terminated at a moment’s notice. They need protection and the ability to make a complaint anonymously. As we said in the letter that we submitted to the Chairman of the Business, Innovation and Skills Committee:

“For many years there has been a ‘climate of fear’ in the groceries supply chain. We therefore endorse the provision in the draft Bill that will allow the Adjudicator to receive anonymous complaints from direct or indirect suppliers about retailers breaking the Groceries supply Code.”

I hope some good can come out of today’s debate and urge my right hon. Friend the Secretary of State to use her good offices to put pressure on the Secretary of State for Business, Innovation and Skills; that is the responsible Department.

I commend all the Committee’s conclusions without hesitation, but I shall draw attention specifically to two of them.

[Philip Davies]

My hon. Friend will know that the vast majority of suppliers to supermarkets are, by definition, huge organisations—multinational companies such as Mars, Coca-Cola, and Proctor and Gamble. Does she think that they need the protection of a grocery ombudsman, or does she agree that they are more than big enough to look after themselves?

[Miss McIntosh]

I am so fond of my hon. Friend that I have great difficulty in saying that I must draw his attention to the remarks I have just made. His big organisation—Asda—is revered in north Yorkshire because it stemmed from Associated Dairies, which not only set the price but provided a market for local milk suppliers. Individual growers need protection, because they are unable to speak for themselves. We all have big constituencies and may not always be aware of such individuals. I hesitate to say whether big companies are “good guys” or “bad guys”, but Asda and Morrisons source a lot of their food locally—almost 80% or 90%. We need to protect the small individual growers.

The Environment, Food and Rural Affairs Committee believes that two of its conclusions could have an impact if the Secretary of State for Environment, Food and Rural Affairs can persuade the Secretary of State for Business, Innovation and Skills to amend the draft Groceries Code Adjudicator Bill. First, the ability of suppliers to make anonymous complaints is fundamental to the success of the groceries code adjudicator. Secondly, the adjudicator should have the power to launch investigations. We are all agreed that he should have the power to fine, but he should also have the power to launch investigations.

[Laura Sandys]

I have just established a not-for-profit company called Ugly Food. The strapline is “Tasty but imperfect, just like you”. There is a phenomenal number of small suppliers who have food rejected because their produce is not perfect. We should look to create a market for that food, so that we do not waste it.

[Miss McIntosh]

The House will draw its own conclusions about my hon. Friend’s self-advertising.

I understand that the powers of the Competition Commission are based on the powers of the Commission in Brussels. The EU directorate general for competition has the power to swoop when it believes an investigation should take place. I urge my right hon. Friend the Secretary of State to make the same plea to the Business, Innovation and Skills Secretary to adopt those two recommendations—and, indeed, all the Committee’s recommendations.

The Secretary of State for Environment, Food and Rural Affairs will be aware of the Committee’s work on food security. I hope she will remove any inconsistencies between trying to supply a secure strand of food and sustainable food production. There is an inconsistency at the heart of the Government on that. She will be involved in discussions on common agricultural reform in Brussels. Greening the common agricultural policy could take productive land out of production. It could also be hugely expensive and involve the introduction of more complex regulations, which we should be aiming to simplify.

[Mrs Spelman]

My hon. Friend will know that I acknowledged that problem when I gave evidence to her Committee last week, and that we will try to ameliorate the Commission’s proposals in that regard.

[Miss McIntosh]

I am most grateful for my right hon. Friend’s clarification.

In conclusion, we should say, “Keep it simple.” With all the regulations coming forward, whether to do with the adjudicator or not, the powers should be clear and allow individual growers, under a cloak of anonymity, to raise such issues, either directly or through a third party. I welcome this debate, although I regret that many of the issues that I have raised are not covered by the motion. However, we can have a positive debate today and see an early completion of the adjudicator code, with an early introduction of the adjudicator in the next Session.

Oral Answers to Questions

Baroness McIntosh of Pickering Excerpts

Thursday 19th January 2012 Commons Chamber

[Mrs Spelman]

I am sure the hon. Gentleman understands that World Trade Organisation rules mean that we can require purchasing to British standards in Government procurement, but we cannot require produce to be British. We adhere to those rules, and we actively promote Government buying standards involving all Departments sourcing food that is produced to British standards in order to promote those standards. In my own Department, the figure is 18%.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

Many people are employed in rural areas, particularly the uplands, in livestock production. Does the Secretary of State share my concern about the conflicting messages from her Department and the Department of Health about the eating of meat, which could potentially have very damaging consequences for jobs and growth in rural areas?

[Mrs Spelman]

Clearly nutrition is a lead for the Department of Health, but it is quite clear that meat forms part of a balanced diet. I am very proud of the fact that producers in this country produce meat to the highest standards of animal welfare, food and hygiene anywhere in the world. As we have just discussed, we actively promote the consumption of food that is produced to those very high standards within Government and among the wider public.

Fisheries Council

Baroness McIntosh of Pickering Excerpts

Monday 19th December 2011 Commons Chamber

[Richard Benyon]

I thank the hon. Lady for her warm welcome—I am attempting irony, which never quite works from this position. She really needs to understand that at the beginning of last week we were looking down the barrel of a gun at cuts that could have resulted from a penalty regulation introduced by the Commission. Its interpretation of the cod recovery plan could have resulted in between half and two thirds of the Scottish fleet being put out of business, the Northern Irish nephrops fleet being tied up for 11 months of next year and a great many other vessels and fleets around the country being put out of business. We argued that both at meetings last week and at the end of the week at the Council and we got things reversed. We did so by close working with Ministers from other devolved Governments, and I thank them for their efforts.

If the hon. Lady looked into the details, she would see that although vessels will have a reduced number of days at sea next year, what we secured, through our interpretation of the cod recovery plan, was the ability for them to buy back days at sea by the imposition of other methods of conservation. So she simply has not understood the difference between the control order that the Commission has now withdrawn and the remains of the cod recovery plan.

The hon. Lady asked me to visit the Western Isles. I have done so in the past but not in this role, and I will certainly do so in the future. My right hon. Friend the Member for Orkney and Shetland (Mr Carmichael) has reminded me that I am due to visit Shetland soon, and I see such visits as an important part of my job as UK Minister. She rightly says that there is an important social element to this, because the men who risk their lives to get this healthy and much-needed food on to our plates also support people in ports.

The Government remain absolutely committed to reform of the common fisheries policy. I sat up until 4 o’clock on Saturday morning arguing about net sizes, the gauge of nets, the Orkney trawl and eliminator trawls—such details simply should not be the subject of a management system where the people imposing regulations on the fishery are sometimes located 1,000 miles away from the fishermen who are supposed to use them. We must have reform that is more decentralised and that gets away from the micro-management that has failed. I believe that last week exposed a system that is obsessed with process and therefore ignores outcomes. The cod recovery plan is not working because the Commission sticks so rigidly to the process and the rules and regulations.

What we have achieved is a realisation from the Commission that it must start to look at the process, because the outcomes we all want to achieve are being lost. The hon. Lady is right that Scotland’s fleet has done many good things. It has led the way in real-time closures and selective measures, but it has not done so exclusively. Wonderful work has been done around the United Kingdom and we want to see it being brought forward. That is why we have secured the science budget, which the hon. Lady asked me about, to ensure that the information we can give the Commission is accurate. We faced 25% cuts in total allowable catch for data-poor stocks, but we managed to argue against that, not out of a blind desire to let our fishermen go fishing but because there was scientific evidence for it.

When the hon. Lady talked about last week, she talked as though Britain was somehow isolated in Europe. Nothing could be further from the truth. My right hon. Friend the Secretary of State is today at the Environment Council and she will have the same experience as I had, which is of a close working relationship. I built alliances with the French and the Germans, and, as I said, with the Spanish, the Irish, the Danish and those from many other countries. I can assure the hon. Lady that Britain is far from being isolated in these matters.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

I congratulate the Minister on his stamina and on delivering an agreement that was in the best interests of Britain. What does he understand centralisation to mean under the fishery reforms? I hope he will join me in wishing Denmark well as it takes over the presidency. Does he share my concern at the lack of science? He referred to the data-poor species, but we are proceeding with these annual rounds with a complete ignorance of the science about the stocks and climate change, warmer waters and the movement of species. Will he also give us an undertaking today that our inshore fishing fleet will not be disadvantaged in the future reform of the common fisheries policy?

[Richard Benyon]

My hon. Friend will know that I have been particularly keen in this job to see a better deal for the inshore fleet. I believe that the pilots we are about to start will show a new way of managing the inshore fleet and I can assure her that the scientific evidence we require for that will be vital. As we roll out the Marine and Coastal Access Act 2009 and the marine conservation zones, we will see further investment in information about what is going on in our seas, on the seabed and so on, to ensure that we protect those areas as much as possible.

My hon. Friend asked about regionalisation and it is vital that we get this right. This is a once-in-a-decade opportunity, and, frankly, I do not believe that we will have another chance if we do not get it right this time. Decentralisation must mean an end to the top-down detailed decisions that I described earlier being taken so far from the fisheries. The problem we have in the United Kingdom is that our fisheries are complex. They are mixed fisheries with species swimming alongside each other, which means that if one species is targeted another is caught. Systems of management such as the cod recovery plan that operate from the sub-Arctic waters of the north down to the waters of Spain simply do not work because they are a one-size-fits-all solution and that simply does not work with fisheries.

Bovine TB

Baroness McIntosh of Pickering Excerpts

Wednesday 14th December 2011 Commons Chamber

[Mrs Spelman]

The hon. Lady asked a lot of questions so I will answer them as quickly as I can. First, I should point out that this is a science-led approach to the pilots and that when in office the previous Labour Government spent £50 million on trials. The science is important and this Government have responded to what was learned from those trials. We learned that culling could be more effective if the boundaries of the control area were firm ones, to reduce the perturbation effect. In addition, the ground she cited—she said that the cost would be prohibitive—overlooks that fact that the farmers have agreed to pay. I encourage the shadow Secretary of State to look at the long tail from that trial. Five and a half years after the analysis, the trial continues to provide a benefit in reduced TB incidence in those areas.

The method to which the hon. Lady referred—controlled shooting—is commonly used to control other wildlife populations, such as deer, foxes and rabbits. We therefore have reasonable confidence in our assumption that the method will be both effective and humane in relation to badgers, but, to be absolutely clear, those who undertake the culling will be required to have deer-stalking level 1 proficiency or equivalent, and they will be required to undertake an additional course to ensure that they understand badger physiognomy.

On cost-effectiveness, in the end, it is up to farmers to choose whether or not to be part of a controlled reduction of badgers in their area, but the Government make a requirement that groups of farmers form a limited company that puts aside in a bank account the four-year cost of the culling programme plus a 25% contingency, which deals with the hon. Lady’s point about the contingency cost.

Natural England’s existing staff will contribute to the programme. The overall cost to the Government of £6.22 million over 10 years must be seen in comparison with the overall cost of the unchecked progress of the disease, which will be £1 billion a year or more to the taxpayer over the next 10 years. The costs need to be seen in the context of the overall burden on the taxpayer.

I have had helpful and constructive conversations with the Association of Chief Police Officers, but it is up to the police to deal with the precise operational details of ensuring public safety throughout the pilot process. We should not simply extrapolate an estimated cost from the pilots, as, I am afraid, the hon. Lady just did. Part of the point of the pilots is to establish more precisely what the exact cost will be. I have agreed with the Home Office to share those policing costs in so far as additional and reasonable costs are incurred.

On humaneness, we can be assured that Natural England will monitor the cull licences very carefully. If any farmers should be so minded to exceed the six-week period, they would obviously lose their licence. I do not believe, therefore, that that will happen.

It is important to remember that the species is protected but not endangered. The last time the population was surveyed—in the 1990s—there were between 250,000 and 300,000 badgers in Great Britain. Of course, the previous Labour Government had ample opportunity to launch a survey if they had wanted to, but this Government have seen fit to do so. That is important in ascertaining the population in the controlled areas. We have satisfied ourselves that the Bern convention would not be breached by the policy that I have proposed.

Finally, I agree with the hon. Lady on this point. She said that a matter of judgment and not the science alone drives this decision. If the previous Government had exercised their judgment and acted when they had the chance, the disease, and the cost of dealing with it, would not have escalated to the point it has reached today.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

Farmers and wildlife conservation groups will welcome the statement. The badger population must be controlled. Any constituency that produces so many cattle, including mine, lives in fear of one rogue animal entering the chain.

Will the Secretary of State address what the position will be when we have a vaccine in place, given that the meat of vaccinated cattle will not be allowed into the food chain? We have the time to address that. Will she bear in mind the conclusions of the Select Committee on Environment, Food and Rural Affairs report adopted in the previous Parliament, by which current members of the Committee stand?

[Mrs Spelman]

My hon. Friend is singularly well qualified with her experience in the European Parliament to know how difficult it is to get the law changed there. It is currently illegal to vaccinate cattle and to sell or export that meat. We would have to get the 26 other member states to agree to a change in the law. We must accept that that would take many years.

Welfare of Laying Hens Directive

Baroness McIntosh of Pickering Excerpts

Tuesday 13th December 2011 Westminster Hall

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

Good morning, Mr Amess. It is a pleasure to see you in the Chair and to see the Minister in his place. I am delighted to have secured the debate. It is a matter of note that it was requested by all the members of the Select Committee on Environment, Food and Rural Affairs, who deem it of great importance. The thrust of my remarks relates to the legal position and legal advice on which the Government appear to have based their decision on how to proceed when the ban on battery cages comes into effect. Effectively, the issue is when is a ban not a ban?

Directive 1999/74 on the welfare of laying hens is well known to everybody in this country and across the EU; indeed, it has been in existence for 12 years. It will take effect from 1 January 2012, when there will be a ban on what are normally known as battery cages, and only eggs laid by hens in enriched cages will be allowed. That is an historic decision, which is welcomed by all across the EU, not least consumers. Animal welfare has enjoyed growing momentum across the EU, and this is the first time the Commission has sought to introduce a ban on animal welfare grounds.

Were the ban not to take effect on 1 January, the implications for the consumer would be very serious. Consumers are very much in favour of a ban. This country’s egg industry has invested £400 million in putting new facilities in place for 1 January, and I pay tribute to all the egg producers who have made such a massive contribution, not least Yorkshire Farmhouse Eggs and others in my constituency. There are also serious implications for the next ban—on sow stalls and tethers—which is due to come into force across the EU on 1 January 2013.

I want to focus for a moment on the implications of the legal aspects of the Government’s case. As I said, the directive is due to come into force on 1 January 2012. It was agreed 12 years ago, in 1999, so egg producers across the EU have had 12 years to prepare. The directive will prohibit the use of conventional cages—commonly referred to as battery cages—which contain about five birds, with a minimum of 550 sq cm, or less than the size of a sheet of A4 paper, per bird. In December 2010, such cages accounted for 28% of all laying hens in the UK. The new enriched cages provide at least 750 sq cm per bird and have a minimum height of 44 cm. They also provide a nest, a perching space and a scratching area. In December 2010, such cages accounted for 21% of all laying hens in the UK.

The directive was intended to prohibit the marketing of eggs produced in conventional cages. Here, I turn to the semantics of what the ban relates to. In this regard, there are flaws in the Government’s legal advice, their argument and the basis on which they are proceeding. I pray in aid a letter—I am happy to share it and to leave a copy in the Library and with the Department—from Commissioner John Dalli, who is the person at the directorate-general for health and consumers responsible for implementing the ban. He wrote to the Committee on 30 November, after we had written two weeks earlier—on 14 November—asking for the ban to take effect across the EU. He states:

“Currently available data suggest that there is a risk that more than 51 million hens in at least 11 Member States will still be kept in un-enriched cages on 1 January 2012.”

He goes on to say that he will

“without undue delay propose to launch infringement proceedings early next year against those Member States that appear to not enforce the Directive.”

However, as we and the Commission know—the Committee had cause to share this with a Minister from Denmark, which will hold the EU presidency from 1 January 2012—all the Commission will do then is issue a reasoned opinion against the member states that are in default. As we all realise this morning, that will give those member states three months to reply. It will therefore be le jour de poisson—April fool’s day—1 April 2012, before legal proceedings commence against any of those member states.

In arguing against the Government’s inaction, I rely on a key paragraph from the commissioner’s letter:

“Concerning unilateral action, Member States are responsible for the enforcement of Union law. They have the power and the duty to keep products produced illegally off their markets.”

[The Minister of State, Department for Environment, Food and Rural Affairs (Mr James Paice)]

indicated assent.

[Miss McIntosh]

The Minister is nodding. The key phrase is that member states

“have the power and the duty to keep products produced illegally off their markets.”

I put it to the Minister that it is not for manufacturers, processers or retailers to police these things. I pay tribute to the Department for Environment, Food and Rural Affairs for being the first Department to come forward with a taskforce to remove extra regulations and gold-plating. Under successive Governments, it has been expert at introducing such things, but gold-plating and the addition of extra regulations have cost our industry. It would be completely perverse to offload all the costs of policing these issues on to retailers, processers and others, when it should, as the commissioner says, be the Government’s responsibility to police the ban.

[Jim Shannon (Strangford) (DUP)]

I am glad to have the opportunity to make a quick comment and to congratulate the hon. Lady on bringing forward this important issue. Northern Ireland and the rest of the United Kingdom have pursued the rules and regulations with almost evangelical zeal. However, it has been reported that battery cages that are now obsolete in Northern Ireland and the rest of the United Kingdom have been sold to other European countries that flagrantly disobey Europe’s rules. Does the hon. Lady feel that the Government should make strong representations to Europe to ensure that such contravention of the legislation does not take place?

[Miss McIntosh]

The Minister will have heard the hon. Gentleman’s comments, and I invite him to respond. It is perverse to introduce regulatory costs for manufacturers, retailers and processers at this time.

[Jason McCartney (Colne Valley) (Con)]

Will my hon. Friend give way?

[Miss McIntosh]

I would like to make some progress.

I put it to the Minister that he has three options before 1 January. The first is to do nothing, as he set out in his recent written statement to the House, and to let the ban lapse before it even takes effect and to offload the costs of policing processed products—not shelled eggs, but eggs in powdered, liquid and other forms. That would be unacceptable.

The second option is to take unilateral action, and the Commission clearly states that the Minister would be entirely within his rights to do so. Indeed, he said in the Government’s response to the Committee’s ninth report on the welfare of laying hens directive:

“We will be pressing to ensure that the Commission initiate infraction proceedings against Member States whose caged egg producers are non-compliant”.

He went on to say that the Government would also consider taking unilateral action:

“The Government has thoroughly investigated the possibility of taking unilateral action and bringing in a UK ban on all imports of egg and egg products which have been produced in conventional cages in other Member States”.

What has changed the Minister’s mind between the quite recent date of publication—25 November—and today? The Minister should take unilateral action, rejecting shell eggs or egg products in powdered, liquid or any other form, based on the legal letter and the legal basis of the directive, backed up by the commissioner’s response to the Committee.

The third option that I invite the Minister to consider is to tour European capitals. It is not up to members of the Committee. We had a warm response from the incoming President, the Danish Agriculture Minister, when we made a visit two weeks ago. She asked the Committee which other capitals we had visited, and which other Ministers we had met. I regret to say that I had to respond that we are not allowed out very often, so it is not really the role of the Committee. It is the role of Ministers from the 14 compliant member states to tour member states to secure—if the Minister does not want to take unilateral action—a multilateral ban on their part. There are 14 or 16 other countries—we are not entirely sure how many—who will not comply.

[Mr Paice]

I am interested to hear that my hon. Friend spoke to the new Danish Minister. Did she ask what the Minister was planning to do? I did, last week, and the answer is nothing.

[Miss McIntosh]

I am delighted that the Minister met his counterpart, but that is not what she said to us. She said she was aware that the Commission would take action. I put it to her, as I put it to the Committee this morning, that there will be inaction for three months, while just a reasoned position is issued under the Court proceedings. When we left, that Minister—the incoming EU President—had a completely open mind. As I said to her, it is quite within the rights of the Council of Ministers to overrule the Commission and rely on a multilateral ban. That is a matter of disagreement between the Minister, the Committee and the egg industry, and it would help us this morning if the Minister provided the legal advice on which the Government depend.

In his conclusions in a written statement on 6 December the Minister mentioned marketing regulations:

“Because of a loophole in the egg marketing regulations, we cannot prohibit the marketing of any eggs produced in conventional cages from 1 January 2012 which are sent to processing (whether sent as ungraded or class B), nor can we prohibit the use of any products made from such eggs.”—[Official Report, 6 December 2011; Vol. 537, c. 17WS.]

That is not the case, and I repeat the words of Commissioner Dalli:

“Concerning unilateral action, Member States are responsible for the enforcement of Union law. They have the power and the duty to keep products produced illegally off their markets.”

The Food and Drink Federation is equally concerned and has said, in its briefing for today’s debate, that it shares concern that a number of other EU member states still do not appear ready to meet obligations first set out in the 1999 directive. It continues:

“It is also highly regrettable that the absence of mechanisms to prevent intra-community trade in non-compliant eggs exposes food manufacturers and others to the risk of inadvertently buying them.”

[Mr Paice]

They agree with us.

[Miss McIntosh]

The Minister says that retailers agree with the Government, but with the greatest of respect, retailers and processors do not agree with them. The Government are offloading the responsibility for applying the directive on to retailers, processors and the manufacturers of quiches, pizzas, cakes and other products.

[Mr Paice]

Will my hon. Friend reread what she just read out from the FDF? It clearly states that it agrees that it is a pity there is no mechanism. That is what she read out, and that is the Government’s position. The FDF agrees with the Government that there is no mechanism for us to establish the ban that she wants.

[Miss McIntosh]

That highlights the kernel of the disagreement between the Minister and the Committee. Will he explain precisely what the loophole is in the egg marketing regulations? Are they EU regulations or UK regulations implementing EU regulations? The Committee is at a disadvantage, because we do not have access to the legal advice on which the Government have based their opinion. If the Minister would be good enough, in his response, to clarify the legal position on the importation of non-compliant shell eggs for processing, liquid and powdered egg and egg products contained in prepared foods, it would be a great step forward. Will he also state precisely what loophole in the egg marketing regulations he believes allows the marketing and sale of all eggs and egg products, aside from class A eggs? Will he satisfy us this morning as to whether he really means that because only class A eggs are covered by the egg marketing regulations DEFRA has simply chosen to put that interpretation on the legislation?

As a currently non-practising lawyer, who practised law in two different law firms in Brussels, I accept that asking two lawyers for their opinion might produce two different legal opinions. It seems that the British Egg Industry Council has one legal opinion, and the Government rely on another. It would be helpful for us to learn precisely the terms of that opinion. I have quoted Commissioner Dalli’s belief, which is widely held, that the European Commission is clearly saying that the United Kingdom would be entirely within its rights to choose to prohibit the importation not just of class A shell eggs but also shell eggs destined for processing, and liquid and powdered eggs, from non-compliant sources, from 1 January 2012.

The Commission infraction proceedings will take place only from 1 January, with a reasoned opinion against the 10 or 11 remaining member states that do not comply with the directive. That will mean that no reference to the Court of Justice, or legal proceedings against the ban, can happen until 1 April 2012. The consequences of failing to act are huge. Bearing in mind the fact that we all—consumers, manufacturers and parliamentarians—welcome a ban on battery cages, the consequences of failing to act cannot be quantified.

Consumers were led to believe that the ban would be in place from 1 January 2012. Egg producers have made an enormous sacrifice and invested hugely—£400 million —in enriched cages. There will be huge consequences for producers who are disadvantaged. As to what the costs will be to the manufacturers, processors and retailers who are being asked to check the eggs on import, to make sure that they are compliant, perhaps the Government would like to share a figure with the House this morning. Perhaps we should also look ahead to 1 January 2013.

When the Conservatives were last in power, we imposed a unilateral ban on sow stalls and tethers, which disadvantaged our pig sector and has led to consumers buying cheaper cuts of pigmeat produced with less animal welfare-friendly methods since the early ’90s. I want an assurance from the Minister that a level playing field is not elusive, that we can achieve it, that we can allow our egg producers to compete across the European Union and that we will not accept any imports of shell eggs or any other products from 1 January 2012.

--- Later in debate ---

[Mr Paice]

I assure the hon. Gentleman that, of course, we have sought our own legal advice. I was going to mention that issue later, but I am happy to address it now. Please forgive me, Ms Osborne, if I read from my notes verbatim, but I need to get it right. I must stress that I am not reading out direct legal advice. Perhaps I can use this opportunity to say to him that I have answered his parliamentary question and that I suspect that he will get the answer today. As I am sure that he knows, I am afraid that the answer is no. Governments do not publish legal advice given to Ministers. That was not the case under the previous Government, and it is not the case under this Government.

The treaty on the functioning of the EU prohibits quantitative restrictions on imports between member states and all measures that have a similar effect, with limited exceptions to that general rule, including where they are necessary on animal health or human health grounds. The advice that we have received shows that it is extremely unlikely that a court would extend those exceptions to animal welfare grounds in these circumstances. The treaty also states that any restriction of trade must not constitute arbitrary discrimination.

Given the traceability issues around distinguishing between imported eggs that have been reared in conventional cages in other member states and those that have not—I will come back to traceability in a moment—any ban would have to be on imports of all eggs from a particular country, whether reared in conventional cages or not. That would clearly penalise compliant producers in other member states, which runs contrary to the principle of the free movement of goods. The hon. Member for Ogmore and my hon. Friend the Member for Thirsk and Malton raised the ban on sow stalls, which we implemented a long time ago in this country. If we apply the logic of the argument that we are discussing to that, we would have had to introduce a ban on all pigmeat, including that not introduced in sow stalls. Neither the Government at the time nor the previous Labour Government believed that they had the power to do that. It is quite clear that we do not have the legal basis to take such action.

[Miss McIntosh]

I am most grateful to my right hon. Friend for sharing the advice with us. The sad fact is that if we claimed there was an animal health issue with shelled eggs or their products, we could reject them. I submit to the Minister that the legal basis on which we can rely for either a unilateral or multilateral ban is the EU directive coming into force from 1 January, which finds its legal base in the treaty. We are breaking new ground here. This is the first time that the Commission has imposed a community-wide ban on animal welfare grounds. I therefore submit that the legal instrument is the directive. I ask the Minister to respond to John Dalli’s comments that I read out about having the power and duty to keep products produced illegally off our markets, either unilaterally or, as the hon. Member for Ogmore (Huw Irranca-Davies) has said, multilaterally. I cannot accept that there are no grounds for a ban, because the EU directive is the legal instrument.

[Mr Paice]

My hon. Friend is right, but she needs to read that legal instrument to see what powers it gives member states to introduce a ban. The fact is that it does not give those powers. The Commissioner has been through this over and over again. I have had private meetings with him and with others as well. He is absolutely adamant that there are no powers available to him or member states to introduce the ban in the way in which my hon. Friend has advocated

I hope that I can clarify the matter by coming to traceability, which is right at the heart of the issue. Before getting to that, I shall finish my point about the Commission’s role. Once Commissioner Dalli realised that there was going to be a big problem, the Commission started looking for a robust enforcement approach that would avoid a large number of producers having to close down their operations. More importantly, as my hon. Friend the Member for Tiverton and Honiton has said, the Commissioner also wanted to avoid the destruction of millions and millions of eggs, which clearly would not have been right when many people are struggling to make ends meet.

At the same time, the Commissioner wanted to protect producers who have complied with the ban. He came up with the concept of what has been described as a gentlemen’s agreement, which does not have a legal basis. Most of those member states who were expecting to be compliant did not like the idea. Those who were not compliant reluctantly agreed to the idea. I took the view that, although we did not want any slippage in the timetable, we had to face up to the reality that there would be non-compliant eggs and therefore something had to be done. In fact, the gentlemen’s agreement died. There was clearly no prospect of a gentlemen’s agreement, and it has not been progressed.

The Commission has acted on the practical things for which the UK has been pressing. As several hon. Members have said, it has begun pre-infraction procedures. More importantly, it has also asked for the action plans from all non-compliant member states to contain measures to accelerate compliance. In answer to the hon. Member for Ogmore, its intention is for a monthly report of those plans to be given to the Standing Committee on the Food Chain and Animal Health, which is known as SCoFCAH for short.

[Mr Paice]

The hon. Gentleman makes a perfectly reasonable suggestion. Obviously, I cannot tell him what the risk is. This is an extremely important point and, to go back in history, his Government took such a view about earlier issues when the boot was on the other foot. It is very difficult for someone to argue that other people are not complying with the law if they then proceed to break it themselves. Someone would lose a great deal of moral standing if they did that.

I want to make a final point about the Commission before I come back to the key issues. The Commission’s Food and Veterinary Office missions will be targeted from the beginning of 2012 at non-compliant member states and, to help that, all member states have been asked to submit lists of compliant producers. We have asked for all those measures, because they will give some protection to compliant producers in the UK and across the EU. Clearly, that is not enough, which is why we have said that we reserve the right to take our own actions. Yes, we have thoroughly investigated the possibility of unilateral action and, when I have said in the past that we were considering the matter, I was saying it exactly as it was. I think that hon. Members who know me well enough will know that I would be keen to take action, but, unfortunately, the legal advice that I have had from within, plus the statements from the Commission to which I have referred, have led me to believe that we cannot do so. That is partly because of the practical issues and difficulties in enforcing such an approach.

[Miss McIntosh]

rose—

[Mr Paice]

Let me continue, because I am addressing my hon. Friend’s point about the issue of traceability. Perhaps I can also mention the point about the egg marketing regulations, because the two matters are interlinked. The answer to her question about the egg marketing regulations is that class A are shell eggs and they have to be marked with a producer number and a mark defining the production method—in other words, it would be code 3 from a battery cage or, from January, from an enriched cage.

Class B eggs, however, which are mainly used in manufacturing, are not required to be marked with anything—with either a producer number or a code—so there is no traceability, which is the key point. If we were to introduce a ban, it would have to be on all non-grade A eggs or on all powder and/or liquid. We could not differentiate them, which is the nub of the challenge that we faced. Because of that, as I suggested earlier in relation to the legal advice, we would have been accused of a discriminatory approach and would certainly have been in breach of the legislation.

[Miss McIntosh]

Will the Minister confirm whether the marketing regulations are European Union regulations or UK regulations? If they are EU regulations, we, as a country, would have had the opportunity to query them and, presumably, amend them when they were drafted. Will the Minister comment on that? I look forward to his response to other questions, but what will be the cost to the industry—to processors, retailers and manufacturers—of doing what the Government are asking it to do from 1 January?

[Mr Paice]

They are European regulations—there is no question about that—as I am sure the advisers to the Environment, Food and Rural Affairs Committee will have confirmed to my hon. Friend. We have, in recent months, asked the Commission—and we will continue to ask it—to amend those regulations. That has not happened so far, and I must confess that the Commission officials with whom we have had detailed discussions do not seem overly keen on the idea, so we are faced with having to operate within the existing legislation.

On the issue of what exactly is an offence, it will be an offence to keep hens in those cages, and we would prosecute under the Animal Welfare Act 2006. That is clear. However, it will not necessarily be an offence to be in possession of an egg from an illegal cage, but it would be an offence to try to pass it off as an egg from a legal cage. It is important to be clear about that.

On the efforts that we have made within the constraints, the hon. Member for Ogmore challenged me about the Animal Health and Veterinary Laboratories Agency and my description of the use of ultraviolet light. He is right that the technique has never been used directly in the way that we propose, but, as he has also said, it has been used to identify eggs from caged hens within batches that have been described as free range or barn eggs. Not until now has it been specifically used to identify different types of caged egg production, but we have had it independently validated, and I have looked at it myself. When an egg is laid, the shell is momentarily a bit soft and takes an imprint of the material on which it is laid. If it is laid on wire, it comes through clearly under ultraviolet light, which is obvious. If it is laid on any sort of softer egg-laying surface, which is a requirement of an enriched cage, that comes through as a completely different pattern.

I must also make it clear, however, that the use of ultraviolet light is simply a marker for us and would not, by itself, be the basis of prosecution. If any suspect eggs are found, we will ask the country of origin to confirm our suspicions about whether the producer—do not forget that the information will be on the egg—is compliant or not. That is how the system will operate. If the eggs are found to be from an illegal system, they will be prevented from being marketed as class A eggs and sent for processing—that is, as I have said, downgraded to class B. I have now explained the point about marketing regulations.

As of today, as far as we can establish, the average price per dozen of class A caged eggs, which are, of course, legal at the moment, is about 54p, while the average price per dozen of class B eggs is 29.4p. That is nearly 25p per dozen cheaper, which is close to 50% of the price. That is a massive price differential. I cannot believe that anybody will seek to import eggs from non-compliant cages and risk losing half the value of the eggs if we detect them. We have to be sensible. The economic impact on anybody who has their eggs downgraded will be absolutely massive, and I do not believe that they would risk it happening. As far as shell eggs are concerned, our measures will be sufficient.

Let me turn to the understandably more concerning issue of processed eggs, which, as has rightly been said, represent about half the imports of egg and egg products into this country and approximately 9% of total consumption. As I have said, they are much less easy to trace, because the eggs are not required to carry any identification. That loophole causes us immense problems, which is why we have been pressing, and will continue to press, to get it closed. In the absence of that, we have had to use what opportunity we have, which, as I have said, is to work with the industry. The hon. Member for Ogmore is right and that is why I published a list in my statement, and was happy to do so, unusually, on the basis of name and shame. I am happy to update the list and, as of today, can add two more processors—Bumble Hole Foods Ltd and D Wise Ltd. That now means that nine of the major processors are on board, reducing still further the likelihood of eggs from conventional cages or their products being imported.

That is the situation. I am approaching the end of my allocated time and have almost finished addressing the issues, but I am conscious that I also need to respond to a number of questions. In the absence of the ability to instigate a ban, we have tried, as I have explained, to throttle the market. That is what it boils down to—we have tried to make sure that there is no market in the UK for illegally produced eggs or egg products.

I have dealt with the issue of legal advice. To return to my earlier intervention on my hon. Friend the Member for Thirsk and Malton, I have been in contact with like-minded countries in the EU. In the week before I made the statement, I telephoned them myself and not one of them is proposing any action yet. As far as we can establish, we are the only country proposing any measures from 1 January. Of course, I continue to work with them and, if there are prospects for more unified action, I will take it, but, as I have said, they are not minded to take action.

I have mentioned the regular monthly updates to the Standing Committee on the Food Chain and Animal Health and, in response to a question asked by the hon. Member for Ogmore, I will ensure that, somehow, that is brought to the House’s attention. I cannot give him the information about non-compliant imports, because of the issue of traceability, which I have mentioned. We do not know whether such imports are non-compliant, and we are trying to ensure that they are not. The European Commission cannot impose financial penalties, which is a matter for the courts following infraction proceedings. On the industry’s issues, it has not provided us with any form of costings. We are open about that. I am sure that if the costings had been onerous, the industry would have been quick to tell us.

Finally, I fully understand the importance of the issue. We have tried very hard to use the weapons available to us.

Oral Answers to Questions

Baroness McIntosh of Pickering Excerpts

Thursday 24th November 2011 Commons Chamber

[Richard Benyon]

I am pleased to report, if the right hon. Gentleman has not heard, that the Government are announcing Government buying standards at the highest level, commensurate with the Olympic standard, which is considered to be the relevant level of sustainability. Across Government, we will procure fish only from sustainable sources.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

Will my ministerial Friend agree that one of the most exciting aspects of the proposed reforms is regional control? Will he strain every sinew to ensure that we end the exclusive competence of the EU in this regard and allow regional fisheries to control their own waters?

--- Later in debate ---

[Mr Leigh]

All that has happened so far—we will discuss this at our meeting on 7 December—is that the Government have proposed that the NAO take over from the Audit Commission solely responsibility for the preparation and maintenance of the code of practice, which sets a framework for the audit of local bodies, together with associated guidance for local auditors. The NAO will also be able, when reporting to Parliament on the activities of central Departments, to examine the impact of policies administered by local bodies. The NAO is making preparations for those potential areas of work. We will give it sufficient resources to enable it to do that work responsibly and properly.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

When the National Audit Office produces excellent reports, such as the recent report on flood defences, would my hon. Friend consider allowing the Select Committees concerned to debate their contents and conclusions, rather than just the Public Accounts Committee?

[Mr Leigh]

My hon. Friend makes a good suggestion. She knows that I was, in a previous incarnation, Chairman of the Public Accounts Committee. We were keen, and remain keen, for the National Audit Office to extend its work so that it reports not just to the Public Accounts Committee but to all Select Committees. I am happy to take her suggestion back to the National Audit Office.

Fisheries

Baroness McIntosh of Pickering Excerpts

Tuesday 15th November 2011 Commons Chamber

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

May I congratulate the hon. Member for Aberdeen North (Mr Doran) and my hon. Friends, especially my hon. Friend the Member for South East Cornwall (Sheryll Murray), on securing this timely debate? The Select Committee, which I have the honour to chair, hopes that we might return to debate the work it is currently undertaking on this very subject. I hope that the hon. Gentleman and others will follow the direction of travel of the current EU negotiations, which seems very positive indeed. These are ground breaking and should command the support of all member states. The challenge to the Minister who will be leading these negotiations for the whole of the United Kingdom is to ensure that it is not just the northern member states that support these ground-breaking proposals from the Commission, as it is important for the southern member states to do so as well.

At the outset, I draw the House’s attention to the Select Committee’s initial report, “Implementation of the Common Fisheries Policy: Domestic Fisheries Management”, which was adopted on 18 May. We urge the Government to continue the work to find a market for less popular fish. I am delighted to see that that is part of Commissioner Damanaki’s current thinking. It is also important to implement the excellent work done under the previous and the present Government on “Project 50%”. Fantastic work was done in a short period of time to reduce discards by employing more selective gear. We would like to see that project pushed out widely across English fisheries.

We press for a reduction in discards as a key element in the current common fisheries policy negotiations and we want to ensure that the interests of the under 10 metre fleet are represented in them. There is common ground in what the hon. Member for Aberdeen North said about the eye-watering lack of scientific evidence. We must have the means to improve the scientific evidence before we agree any further round of reform.

I would like to sound a note of caution to the Minister—in a personal capacity, if I may. I think it is misleading for the UK to talk about under 10 metre boats when the European Union talks about under 12 metre boats. Will the Minister address the issue of whether we are disadvantaging our own fishermen in that regard?

In representing the six families who fish out of Filey Coble Landing and all who fish the Yorkshire coast from Scarborough, Whitby and Bridlington, I urge the Minister to reflect very carefully indeed before contemplating for the UK any introduction of a quota for lobster, crab and shellfish. I believe that the Minister is going forward in absolutely the right way by looking at pilot schemes. It has been put to me by the local fishermen that they are excluded at the moment from the cod and other quotas and that they are doing very nicely on a sustainable basis from lobster, crab and shellfish, so they do not wish to see their incomes penalised or jeopardised in any way.

I entirely agree with the hon. Member for Aberdeen North that we have not seen enough flesh on the bones of the Commission’s proposals. That is causing great anxiety. We need to know how the European fisheries fund will be replaced, and in particular how it will apply to active fishermen and coastal communities. I should like to know how the Minister thinks that we will navigate around the legal base, and how regionalisation will work.

This is the first occasion on which co-decision will rule the operation of these ground-breaking negotiations, so let me end my speech on a positive note. I hope for a maximum sustainable yield, an end to discards, and regionalisation of the industry.

--- Later in debate ---

[Ian Paisley (North Antrim) (DUP)]

I welcome this timely debate. It is important that we set out some red lines before the December Council meeting so that the Minister is emboldened to make representations there on behalf of our industry, which is very important to coastal towns and villages around the entire United Kingdom.

In October there was a significant displacement of the scallop fishing effort from the Irish sea on to the north Antrim coast because British scallop dredgers had exhausted their area VII effort pot of 2011. That effort pot was agreed in the late 1990s under what was called the western waters regime. Uptake of it has accelerated because a growing number of vessels have diversified into the scallop fishery to escape restrictions introduced in other fisheries, such as the long-term cod recovery plan and the western channel sole recovery plan. Also, the Department for Environment, Food and Rural Affairs is considering recommendations for a chain of marine-protected areas, which would have to be mirrored by the Minister’s colleagues in the devolved Administrations. That could create further displacement.

It is easy to become confused by all these issues, and I do not envy the Minister’s responsibilities in having to deal with what is a huge range of very complex and interconnected areas. Yet, as I heard when I was chairman of our agriculture Committee in Northern Ireland, and as I regularly hear from my colleagues in Parliament and fishermen across the country, there is concern about how the common fisheries policy operates, and people are saying, “Enough is enough.”

The Minister’s website carries a colourful photograph of a fishing boat he saw on his travels. On the vessel’s side there is a picture of a Tasmanian devil, which is represented as a trawler skipper who is being questioned by a fisheries officer. He asks the skipper, “What are you landing today?” The skipper replies, “One box of whiting and six boxes of paperwork.” [Laughter.] We laugh, but we know that our fishing fleet is hampered by red tape and paperwork, and that that paperwork comes from one place and one place only: Brussels. We need to recognise that enough is enough; this has got to stop. We hope the Minister will be emboldened to stand up against the weight of EU bureaucracy that has been created.

[Miss McIntosh]

I am carefully following the hon. Gentleman’s remarks and I welcome much of what he says. Does he not accept that if we were to introduce a UK register, which I believe the Minister is minded to do, that would cut through a lot of the bureaucracy and we would find out who is fishing in UK waters?

[Ian Paisley]

That is an interesting proposal, and I shall be interested to hear the Minister’s response; I see that he is writing a note as he wishes to respond to it.

Do we really believe that a solution to the problems of paperwork or discards will be delivered by a commissioner who, in my view, is led by media hype, and by a Commission that, together with the other EU institutions, clearly wishes to exert even more influence over member states?