Offshore Petroleum Licensing Bill

Baroness Young of Old Scone Excerpts

2nd reading
Tuesday 26th March 2024 Lords Chamber

[Baroness Young of Old Scone (Lab)]

My Lords, it is difficult to follow the noble Baroness—I seem to have drawn the short straw on that one—but it is also difficult to follow the noble Lord, Lord Lilley, because it is quite distressing to witness the death throes of a dinosaur.

This is a wholly unnecessary Bill. Its only virtue is that it is brief. The noble Baroness, Lady Hayman, said that the North Sea Transition Authority, for which the Bill is allegedly meant, has been quoted as saying that it does not need or want it.

The Minister kindly wrote to us in February and held a briefing meeting early in March. He tried, and I should say failed, to outline the benefits of the Bill, so let us look at some of the anticipated and promoted benefits. One is jobs. Whether or not it is 200,000 for oil and gas and associated industries, the argument pursued by the Government is that we have to keep these jobs up and that it would be really bad for us to see all these people becoming unemployed or having to change their profession. In fact, they have skills that would admirably fit the transition to low-carbon technologies. Rather than giving the go-ahead for continued licensing in the North Sea and slowing the decline path of North Sea gas and oil, we should get a greater move on with the development of new low-carbon technologies, including by attracting the billions of pounds of potential investments that the Government tell us are out there.

New green jobs using these people’s skills is the humane way to transition from old to new technology, rather than perpetuating oil and gas to support old jobs. This is the sort of illogical thinking that we have come to expect from this Government, in this area. It is like the logic that we heard them use when talking about commissioning new gas-fired power stations to provide resilience to fluctuations in sun and wind power renewables, rather than going straight towards low-carbon, hydrogen, medium-term storage solutions, as advocated by the Science and Technology Select Committee. The only result of commissioning new gas-fired power stations is likely to be a whole load of stranded assets.

The Minister also talked about energy security, and new oil and gas licences helping to safeguard that energy security to ensure that we do not rely on hostile states. That argument does not stack up either. Only 20% of the oil produced in the UK is refined here; 70% is refined in Europe. I do not accept the belief of the noble Lord, Lord Lilley, that we can force trade from having the wrong sort of oil here, with the remainder bartered with Europe. If we end up in a situation where there is a lack of security, international tension or even an international war, having 70% refinable in only Europe will leave us vulnerable.

Some 75% of our oil is exported, since it is the wrong grade for domestic consumption, and 50% of our natural gas comes from outside the UK. None of us wants to see that rise, as liquefied natural gas has a higher carbon footprint than domestic gas, but the answer is not to slow down the transition from a fossil fuel that is on its way out, but to speed it up through increased investment in renewables. They are the future, after all, and that is the most secure way forward.

I too believe that we should increase the burden on carbon capture, storage and use to meet the net-zero target. Carbon capture needs a whole load more technological development before we can really dream of relying on it for carbon removal in any major way. The proof of concept, developed into real schemes on the ground, simply is not happening fast enough or with enough security and science.

[Lord Lilley (Con)]

After the noble Baroness’s gratuitous insult at the beginning, I am grateful to her for giving way at this point.

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[Lord Lilley (Con)]

That was very kind of the noble Baroness, Lady Jones. She is an apologist for the noble Baroness, Lady Young. Now I have almost forgotten what I was going to ask. Is the noble Baroness, Lady Young, happy that we should do without carbon capture and storage at a risk, according to the estimates of the Climate Change Committee, of doubling the total cost—trillions of pounds—of meeting the net-zero target?

[Baroness Young of Old Scone (Lab)]

I would be delighted to be confident that carbon capture and storage would fill a substantial gap, but so far we do not have the practical evidence that it can be done. Until that is so, we should not increase the burden on a technology that is not yet established or proven. I personally think that, when the Climate Change Committee put the carbon capture and storage element into the net-zero budget, it was being a bit optimistic, as it was about some other issues. When one looks at the amount of public subsidy going towards Drax—the ultimate dream for carbon capture, storage and reuse—one wonders whether this is another example of the overdue influence of industry.

The noble Lord talked about tax revenues and I was a bit speechless in response: “We are getting tax revenues from something that is quite harmful, but the tax revenues are important; therefore, we have to keep doing the harmful thing”. That is like saying that people smuggling is pretty profitable, even if it is harmful, so we should have a national people smuggling enterprise that brings in some reserves and revenue for the Government. I do not accept the tax revenue issue.

The benefits of the Bill are far from what they are cracked up to be and I am sure that the noble Lord, Lord Lilley, will be glad that I will talk about some downsides. The first is marine protected areas. We know that more than a quarter of the oil and gas blocks approved in the October 2023 round were within marine protected areas. Our marine protected areas are in poor condition; only 8% offer effective protection for nature, which is the reason they were created. The clue is in the title. MPAs are an important component of the Government’s Environment Act targets and their international commitment, under the global biodiversity framework, to protect nature effectively in 30% of the sea by 2030. We helped lead that framework at COP and now we are authorising additional licensing of blocks in marine protected areas, as part of the commitment in the Bill.

The International Union for Conservation of Nature, which is the United Nations official body, has guidance that recommends that no industrialised activities take place within MPAs. The Bill clearly rejects that guidance. Just in case noble Lords do not know what the impacts on MPAs are, I should say that they are not the same as for wind power. Some of them are about oil itself. That does not include gross oil spills; generally speaking, we must praise the oil industry around this country—not necessarily elsewhere—for having been fairly successful in reducing the risk of major oil pollution incidents. However, persistent micro-spills do quite a lot of damage to the water quality, from the top to the bottom of the sea. There are also other pollutants from other chemicals used in the operation of oil and gas extraction.

The second issue sounds a bit weird, but is quite important. There is a lot of evidence that seismic survey noise really impacts marine mammals in particular, as well as commercially important fish species and the invertebrates on which they all live. We do not yet know enough about how strong the harm is, but we know that it is substantial.

The third issue is direct destruction of seabed habitats—for example, cold-water corals and deep-sea sponge communities. It is not just that I am carrying a flag for deep-sea sponges, though as a biodiversity fan I am sure they are very lovely; they are actually important carbon storage mechanisms, as mentioned by the noble Baroness, Lady Jones, my partner in crime, and important for nutrient cycles that help keep our oceans clean. We ignore at our peril the biodiversity and conservation downsides.

I personally think this Bill is unnecessary, unwanted and damaging to climate, biodiversity and, as we have said before, our own international reputation, which should not be discounted. It is very easy to say that the only argument we can put is that it will not look good, but that is not what we are talking about. We have taken a leadership role in the world on this issue, and persuaded other countries—of the sort that the noble Lord, Lord Lilley, felt would not be persuaded—to do the right thing rather than the wrong thing. We would be junking that international reputation, as we have done successively with several announcements over the last year and a half.

If the Government really want to waste their political capital driving this Bill through, it needs substantial amendment. First, we need to exempt completely marine protected areas from the oil and gas exploration and production blocks. Secondly—and you would expect this from somebody who has spent their life in government on a land use framework—we need a sea use framework. I understand that the Government are already working on a marine spatial prioritisation programme, designed to allocate and prioritise sea space for currently competing activities. Exactly the same problem that we have on land, we have at sea. I urge the Government to complete that work programme quickly, and to add a further test—a spatial prioritisation test—to the carbon intensity and net importer tests already in the Bill, inadequate as they are. This would make blocks available for licensing only if such activities could be shown to be compatible with the achievement of the objectives of the Environment Act and climate change targets. That would be set out in a marine spatial prioritisation programme.

To be honest, the Minister knows in his heart that the North Sea Transition Authority and the nation do not need this Bill. The Climate Change Committee says that there will be a need for some oil and gas after net zero, but that does not justify the development of new North Sea fields. Although we could amend this Bill, it is bit like the pig in lipstick: we could put lipstick on the pig but it will still be a pig. Why does the Minister not just withdraw this silly Bill and we can all go home for Easter?

Biomass Strategy 2023: Cross Sectoral Sustainability Framework

Baroness Young of Old Scone Excerpts

Wednesday 15th November 2023 Lords Chamber

[Lord Callanan (Con)]

The noble Baroness knows that I do not agree with her on this. The biomass that is used for generation in the two main plants is sustainable. There are very strict sustainability criteria attached to it, and the generators are measured against those criteria by Ofgem.

[Baroness Young of Old Scone (Lab)]

My Lords, I welcome the commitment to the cross-sectoral frame- work, provided that it is statutory rather than voluntary. Does the Minister regard this as a significant change from the Government’s previous position, when they decided to appoint a senior member of Drax management to the Climate Change Committee that advises government on biomass policy at a time when Drax had received £11 billion in public subsidy for biomass?

[Lord Callanan (Con)]

There has been no significant change in government policy. The sustainability criteria for biomass have existed for a while now, in concert with other biofuel strategies across government. Of course, if we can take the opportunity to make those criteria even better and even more sustainable, we will do so.

Climate Change Policies

Baroness Young of Old Scone Excerpts

Wednesday 20th September 2023 Lords Chamber

[Lord Callanan (Con)]

The noble Baroness has been resolute in her support for nuclear and does a fantastic job in advocating for it. I am very happy to give her the reassurance that she is looking for. Of course, again, the nuclear industry was left to decay under the last Labour Government. We have resumed it through building Hinkley Point, and we are about to take a final investment decision on Sizewell. I know the noble Baroness is particularly keen on the announcement of Great British Nuclear. These are all contributing towards our climate change goals. Nuclear will provide us with cost-effective, CO-free power for many years into the future.

[Baroness Young of Old Scone (Lab)]

My Lords, the Government have a track record on stuff like this. In 2015, George Osborne cancelled zero-carbon homes about six weeks before it was due to be implemented and when housebuilders had already geared up for its implementation. We lost 10 years of opportunity for net zero-compliant homes and warmer homes for people. The Tory Government have done it again with a major U-turn on their policy on home insulation, boilers and electric vehicles, against the advice of everyone, including the manufacturers and business. What will the Minister say to his colleague, Chris Skidmore, who did the net-zero review for the Government? He came to the conclusion that not enough was being done and is incandescent with rage at the likely announcements this afternoon. What is plan B when we are going to lose another 10 years on the path to net zero?

[Lord Callanan (Con)]

We will not lose another 10 years on the path to net zero. I outlined our policies earlier. For the sake of repeating them again, we are still committed to net zero and to meeting the carbon budgets; we have an excellent record. We are committed to meeting the 2050 target. We will continue to advance on that path, but we will do so in a fair and proportionate manner that takes people with us rather than by imposing things on them.

Climate: Behaviour Change (Environment and Climate Change Committee Report)

Baroness Young of Old Scone Excerpts

Wednesday 7th June 2023 Grand Committee

[Baroness Young of Old Scone (Lab)]

My Lords, I have sympathy with my noble friend Lord Browne and hope he does not feel that he drew the short straw in his place on the speakers’ list. I am at risk of endangering my four minutes but, to carry on the film analogies that the right reverend Prelate the Bishop of Oxford began, the noble Lord, Lord Lilley, reminds me of “Last Tango in Paris”.

For those of us who have not seen this film, it is very lewd, with a particularly interesting scene involving butter. I would suggest that, if noble Lords are of a nervous disposition, they do not watch it. I saw it in Edinburgh many moons ago and, halfway through the butter scene, the lady in the front row, who had a pearls and twinset look about her, leapt to her feet and shouted, “Filth, pure filth!” Then she sat down and watched the rest of the film right through to the end. The noble Lord, Lord Lilley, is a bit like that, but he is still with us, and we very much value him on the committee.

I absolutely believe that the noble Lord, Lord Browne, is right that behaviour change includes technology adoption. If we do not get the mood music right for the public in adopting new technologies, anything that deters them in terms of ease or price signals will stop them doing the right thing.

The thing that staggered me about this inquiry, which was excellently chaired by the noble Baroness, Lady Parminter, our wonderful chairman, was the strength of feeling among the public. They were very clear that they wanted to know what the highest priorities were, what they could do about them and what the Government were going to do to make it cost effective, affordable and easy for them to change their behaviour. People were very clear. We know what the four priorities are, so we could in fact tell them that they are about travel, eating, purchasing, and heating and fuelling our houses. But the Government were not keen to meet the public expectation that they were clear about—that they would take a leadership role in being clear about those priorities and say what they should do in each of those four areas. In fact, we were very firmly told that the Government were going to go with the grain of public behaviour.

So we need a strategic approach. Above all, as well as removing barriers by means of incentives, pricing schemes, regulation and other mechanisms, we need a proper marketing strategy. We spend less on this highest global priority in marketing what we want to happen and what the public want us to tell them should happen than Apple does in marketing its next global product. We have really got to get to the point where marketing and behaviour change are a fundamental part of the policy basket of instruments. I was incredibly upset by the evidence that we got from the Government Communication Service; it was underwhelming in the extreme, and we really have to look at what that service is all about.

Just to finish—because I am conscious of time—with a heart-warming story, there was a thing called Climate Assembly UK, from which we took informal evidence. This was a bunch of folk who were selected from across the UK public to represent all ages and stages, political views and socioeconomic backgrounds, but mostly to represent everything from climate change deniers and flat-earthers to folk at the opposite end of the spectrum—green geeks. They worked together for a year to develop a consensus on a programme of action to respond to climate change. It was amazing how much consensus had developed among that group. It was clear that they were calling for some simple actions and for government leadership in promoting them. I leave noble Lords with some of their propositions —to buy only two pieces of clothing a year; to have only one long-range flight every two years; and to have a meat-free Friday. I commend them to you, but most of all I ask the Minister to tell us what the Government’s strategy is for behaviour change and when we might see it.

Energy Bill [HL]

Baroness Young of Old Scone Excerpts

Report stage
Monday 17th April 2023 Lords Chamber

[Baroness Young of Old Scone (Lab)]

My Lords, I support Amendments 134 and 135, so ably led by the noble Baroness, Lady Boycott. I had hoped that my name would be added to them, but something happened along the way.

It is true that everybody is saying that there is real importance in community energy, but the proof of the pudding has to be in the eating. After that initial burst of schemes that the feed-in tariff encouraged, we have really not seen any major growth and the government measures that have been put in place simply have not worked. The amendments are important for two reasons. First, they would enable improved financial predictability and viability for community energy schemes, because, at the moment, there are a number of hurdles that such schemes have to cross. If financial viability and predictability are not there at the start, they lose heart very rapidly in approaching the other hurdles. The second is the issue that has already been touched on: that is the whole business of community “joie de vivre” around energy generation schemes. A surefire way of not having local schemes is where there is a scenario of “all pain and no gain”—where there is a bit of local environmental disruption and a little adjustment to the view. Local communities very rapidly turn off those schemes if they do not see any value for themselves. That is happening more and more at the moment. Local community generation schemes are not very popular since there is landscape blight and no direct benefit. In fact, the figures show that more solar farms were turned down in 2020 at planning stages than had been turned down in the previous four years.

The presence of a local community scheme may even lead to dialogue locally about increased uptake of energy efficiency measures. People become interested in both energy efficiency and demand-side and supply-side issues. That is exactly the sort of community engagement we need if we are really going to see net zero hit. Indeed, Chris Skidmore in his much-quoted net-zero review urged the Government to produce a community energy strategy and to break through the current regulatory and legislative funding barriers. He supported the provisions of the Local Electricity Bill, which these amendments have largely reproduced.

As has been said, the noble Lord, Lord Callanan, assured us in Committee, in his letter of 22 December and in subsequent meetings that the Government want to see more community energy schemes. We are really asking him what in effect will be done, as, so far, government measures have not worked. To echo the noble Baroness, Lady Boycott, we are not seeking subsidy; we are looking for a fair price varied by government, as advised by Ofgem—an increased price, perhaps, where schemes need to be encouraged and a reduced price, perhaps, if scheme growth is going gangbusters. It is about a guaranteed floor price, similar to the contracts for difference from which other renewable sectors benefit.

I thank Octopus and other major suppliers for tackling some of these issues. The reality is, however, that they are not creating the volumes that are required. It is quite a telling fact that Octopus, through Unity, its subsidiary, is now responsible for one-third of all the community energy sector schemes. If one company, busting a gut, can actually be involved in one-third of the community energy sector, it seems to imply that it is not moving very fast. We are not seeing the volume of schemes being created. Other barriers need to be tackled, particularly access to the grid, lack of early-stage feasibility funding and planning complexities, but to accept these two amendments would go a long way to encouraging the community energy sector and to removing the most fundamental barrier, which is the economic one.

It would also be good if the Minister could tell us what the latest timescales are for the review of the electricity market arrangements, because that is another area where the whole business of how renewable energy competes is going to be fundamental. Can the Minister tell us today—if he is not going to accept these amendments, as I am sure he will not do—what the Government are going to do that will be effective in getting the community energy sector off its knees, where it is at the moment?

[Baroness Meacher (CB)]

My Lords, I will not take the time of the House to repeat comments that have already been made. The noble Baroness, Lady Boycott, and others have made a very powerful case for these amendments. It is ludicrous for us not to be enabling community energy production when this does not involve a subsidy and when it could create additional energy sufficient for something like the 2.2 million homes mentioned by the noble Baroness, Lady Boycott. This is a completely neglected area; it can be resolved as set out in these amendments in a straightforward way. The main thing is that these community energy projects need to be able to sell their energy to big suppliers in the locality—those with more than 150,000 customers was the figure quoted, I think. So there is very strong support for these amendments and I hope the Minister will be able to accept them. I cannot see any reason why not: it is not going to cost the Government anything.

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[Lord Berkeley (Lab)]

Noble Lords will be pleased to know that Amendment 138A in my name is a probing amendment, and I certainly do not intend to divide the House. This issue, which has come to me from a number of people in the south-west, is about the need for parity in the government incentives for heating homes that are off the gas mains. This would require a scheme that mirrors the Renewable Transport Fuel Obligations Order 2007.

I get the impression that the government policy on this is that everyone who is off the gas grid should be able to install a heat pump. When I am not in Scilly, I live in a little village in the middle of Cornwall, where lots of my friends use fuel oil for heating because there is no way that you can put a heat pump in some of these houses. Heat pumps are very good, but, in terms of fairness, about 1.7 million homes—perhaps occupied by 4 million people—are off the gas grid. They all want to decarbonise quicker, but how will they do so? The Government’s statistics show that 20% of off-grid homes are not suitable for heat pumps—again, we quite understand that. There is also the cost of installing them, of about £22,000, which is quite expensive for some people.

I am interested in a recent survey by the Future Ready Fuel campaign, which showed that 90% of people living off the gas grid are concerned about the Government’s current heating proposals, which are treating them unfairly. They would rather a greater choice of low-carbon heating solutions. The amendment asks the Government to investigate this further.

Before I speak about that, and the obvious need for consumer choice in this, it is probably worth explaining what the material—hydrotreated vegetable oil, or HVO—actually is. The easiest way of doing so is to say that it is used vegetable cooking oil, animal fat residue and tall oil—whatever that is—which is a by-product of the manufacture of wood pulp. Most of the time, when we hear about used cooking oil, it is because people have tipped it down the drains and eventually blocked them; it is very nasty for the drainage companies to solve this and take it away.

What surprises me is that the industry data has forecast that, by 2030, the feedstock availability, which is the important resource, is more than enough to meet the transport and non-transport needs, including home heating. The Department for Transport is very keen to use this to get more environmentally friendly airplanes in the sky—we might all have views about that. Production of HVO in the United States is already 10 billion litres and is expected to increase to 22 billion litres by 2025; ditto in Europe, where it is expected to double in the next two years from 5.5 billion litres to 11 billion litres.

This is not suggesting that this is the only low-carbon solution for people who need to heat their homes and who cannot use the existing systems, but it is an important issue for debate. You are telling people that they need to reduce their carbon usage and that the best way is air source or ground source heating, but there is an alternative. I suggest that the Government need to look at this and see whether there is a compelling case to look again at the tariffs. The Minister may say that the Government are doing this already; in which case, I shall say, “Well, that is lovely, but when is the report going to be published?” If they are not, I gently suggest that they should look at it, and I will be happy to facilitate a meeting between Ministers and the group of manufacturers concerned to see how we could take it forward. I beg to move.

[Baroness Young of Old Scone (Lab)]

My Lords, I will not detain the House. I declare an interest as living in an off-gas-grid property. I am sure that the Minister knows what I will ask him.

There is a lacuna in government communications or policy about the off-gas-grid regulations. These were consulted on extensively but so far, unless I have missed it, they have not resulted in an emanation in government policy. We are in a situation where, if you are one of the folk in an off-gas-grid residence, you do not know what to do. Under the system that was consulted on, it was proposed that, after 2026, if your oil boiler broke down you could not replace it with another oil boiler; as yet, we do not know whether that date is still in currency or not. It would be good if the Minister could tell us exactly what the current policy of the Government is and, if it is to change from something that was consulted on, when we would get an announcement.

The alternative, if they do not adopt the proposition from the noble Lord, Lord Berkeley, is that people need to get themselves an air source or ground source heat pump, but that is not a feasible proposition if you are trying to replace your recently defunct oil-filled boiler that has broken down between Christmas and New Year, when you have the grandchildren or your elderly great-granny in residence. Frankly, from the work done by the Environment and Climate Change Select Committee of this House on the boiler upgrade scheme, it was clear that getting an air source or ground source heat pump not only was an expensive proposition but would take some time. For the most part, it would take a number of weeks, and often a number of months, rather than having a nice man from British Gas or the local oil company coming round to give you a replacement on Boxing Day.

Apart from that, there is a debate to be had about the efficacy of air and ground source pumps in some houses, though I must admit that I probably come from the school that says that, providing you get a big enough one, you can heat almost anything—but that then raises major questions about ongoing energy costs.

Although I welcome the Minister’s statement earlier today about the extension of the boiler upgrade scheme term, it is a real pity that it was a complete failure in terms of numbers in the last financial year, and that most of the money that had been allocated had to be sent back to the Treasury. That is a great regret. My question—which my noble friend Lord Berkeley has given me the opportunity to ask yet again—is when we will get some clarity on the off-gas-grid regulations and what that clarity, if I have missed it, might be.

[Lord Ravensdale (CB)]

My Lords, I want to offer a few words of support for the amendment from the noble Lord, Lord Berkeley. It is something that the Government should take very seriously if it is to be used in a very specific and limited way for off-grid properties—the key point being the feedstock availability, which needs to be understood in more detail.

On the link with sustainable aviation fuel that the noble Lord, Lord Berkeley, mentioned, there is potentially an important counter-cyclical benefit here, in that jet fuel is dominant in the summer months and heating oil is dominant in the winter months. They are essentially the same fuel, so there is potentially a good economic fit between those two cases, and the relevant departments—DESNZ and DfT—should work together on that.

I would suggest some potential improvements to the amendment, such as limiting it to those off-grid properties that already use heating oil and specifically stating in the amendment that this is only for recycled fuels, to eliminate the unintended consequences of biofuels being eligible. Overall, however, this is something that the Government should take seriously.

Retained EU Law (Revocation and Reform) Bill

Baroness Young of Old Scone Excerpts

Committee stage
Tuesday 28th February 2023 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I think exact groupings of the regulatory area will be a judgment for the relevant Minister. The letter was trying helpfully to point out that there was the possibility of some increase in burdens in some areas, provided there were compensating decreases, because what we are trying to do, following our exit, is to implement regulations that work better for the UK, while maintaining our high standards. People seem to have forgotten that there can be problems with regulations.

[Baroness Young of Old Scone (Lab)]

I am two sentences behind the Minister in what she says permeating my consciousness, but on this business of the regulatory burden, how will we know and where will the discussion take place about the Ministers weighing up comparative regulatory burden—the apples and pears—and coming to a conclusion about what can be increased, enhanced and improved and what must go as a result? As she said, we will see statutory instruments for changes but, for things that simply drift away, get amalgamated and disappear, where do we see them and how do we judge whether the Minister has come to a good decision about comparative regulatory burden?

[Baroness Neville-Rolfe (Con)]

To make progress, I should make it clear that Clause 15 is the main clause and that there are a number of amendments on that group, on which we can no doubt have a longer discussion, but I should like to make progress on transport.

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[Lord Hope of Craighead (CB)]

My Lords, I am very glad that the noble Lord, Lord Benyon, has found time to join us for the debate on this group of amendments. If he will permit me, I would like to take advantage of his presence here to ask him two questions.

The first relates to the dashboard, and I think he was present for at least some of the debate about that. One of the points made by the noble Baroness, Lady Randerson, in concluding was that there is no mention in the Defra section of the dashboard of any legislation relating to Scotland or Wales. She was not entirely right about that; I was looking at the dashboard today and I detected 30 entries that refer to Scotland and 15 to Wales, but they are all in the section of the Defra list that deals with agricultural policy. There are many other areas that Defra covers, but, so far as I can detect, none of the legislation from the devolved Administrations has yet been listed on the dashboard. Is Defra still making efforts to discover from the devolved Administrations whether they have legislation relating to the other areas for which it is responsible? It is very important that we have a complete list, at some point, of the legislation in the different policy areas.

My noble friend Lord Krebs suggested that the figure that he gave, which I think was 1,781, was slightly doubtful. The figure can be arrived at by simple arithmetic because each item in the list is given a number, and you can work down the list. The total list at the moment contains 3,746 items. I made the number of Defra items 1,780—although perhaps my arithmetic was a bit defective—so that is a major part of the list so far, which is why the Minister’s presence here is so important. Completing the list at some point is important, so is the Minister aware of other areas where the devolved Administrations are working to complete the list to include their legislation as well?

The noble Baroness, Lady Hayman of Ullock, suggested the great pressures that Defra officials were under to achieve what they are being asked to achieve, but what she said applies equally to the devolved Administrations. I understand that for Scotland to try to grapple with the Defra area so far as it refers to it, its manpower—or its workforce, I should say, to avoid gender problems—is at most 10% of that which Defra enjoys, and they have pressures of their own. They have work already going on which is under extreme pressure. Now, on top of that, we find that they have to detect where the retained EU law measures are that have to be looked at, so there is an immense problem for them. My supplementary to the dashboard point is: is the noble Lord satisfied that the devolved Administrations can achieve what they need to in order to identify the legislation in the other policy areas, and in a reasonable time to achieve the sunset? My impression at the moment is that they are under such pressure that it is highly unlikely they will be unable to do that.

The second question is rather different and relates to common frameworks. The Minister may be aware that of the 32 common frameworks that the Common Frameworks Scrutiny Committee has been dealing with, under the chairmanship of the noble Baroness, Lady Andrews, 14 are Defra-related. At least some of them seem to deal with areas that are within the list that the noble Baroness, Lady Hayman has concocted—“concocted” is the wrong word; I should say “put together”—including chemicals and pesticides; animal health and welfare; fertilisation regulation, which of course affects water quality; and the whole area of organic farming, agricultural support and so on. Can the Minister identify for us which of the items on the noble Baroness’s list fall within a common framework?

We have amendments later dealing with the need for special treatment of common frameworks because of the way in which they are organised and the system that exists for amendments to frameworks that are achieved by consensus. It is important that we know what we are dealing with. At some point we will have to know which of the various regulations on the Defra list are within common frameworks and which are not. Is it possible for the noble Lord to conduct an exercise to look at his list to identify which are common frameworks-related and which are not? I do not expect him to be able to achieve that today, but it would be extremely helpful to us on the committee chaired by the noble Baroness, Lady Andrews, to know what we are dealing with, particularly with regard to the amendments that we will discuss later on.

[Baroness Young of Old Scone (Lab)]

My Lords, I declare my interests as chairman, president or vice-president of a broad range of environmental NGOs. I too welcome the presence of the noble Lord, Lord Benyon, and look forward to his responses.

I support Amendment 10, in the name of the noble Baroness, Lady Bakewell of Hardington Mandeville, on excluding the habitats and species regulations from the sunset clause. As the noble Baroness, Lady Parminter, said, the habitats and species regulations are fundamental to protecting sites and biodiversity in this country and environmental protection generally, and cannot be put at risk at any price.

Protected sites under the habitats regulations are the special areas of conservation and special protection areas. They are really the jewels in the crown of nature conservation in this country. They cover a tiny proportion of the land surface, less than 5%. I would be of the view that the jewels in the crown deserve a high level of protection. The regulations have been very effective in reducing loss and damage to protected sites over the last 20 years. It used to be that on average 17% of our protected sites were damaged every year. We are now down to 0.17%, which is admirable.

Those regulations were developed by Brits in the EU. The RSPB, BirdLife International, the WWF and Stanley Johnson, the former Prime Minister’s father, all worked with the Dutch and other member states. This is not unwelcome EU regulation that was forced on us but proper, welcome protections that were crafted by Brits, and rightly so, for those important sites.

Proper protection for that small number of ultimate sites and species is vital, because they make what we care about in the countryside, and what is special in the countryside, safe. If all noble Lords think of the natural and wild places that they cherish, many of them will be special areas for conservation or special protection areas under the habitats regulations.

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[Lord Hannay of Chiswick (CB)]

My Lords, I will speak in support of Amendments 26 and 27. Amendment 26 moved by the noble Baroness, Lady Ludford, is about consultation. You can have your views on the value of consultation, the amount of time taken up by it and so on, but it is a normal practice in legislating in our time. To move away from it, which is what the Government will do with the replacement provisions they may move forward, seems aberrant and contrary to all normal practice.

The trouble is that the two amendments are a bit linked, because if you accept Amendment 26 it is even clearer than it is now—it is clear beyond peradventure—that you are not going to get through all that by the end of this year. I can see why the Government are driven to refusing to commit themselves to consultation, because it simply cannot be done in the time available. In my view, that is an argument in favour of Amendment 27 in the name of the noble Baroness, Lady McIntosh of Pickering. I hope the Government can give some ground on the consultation issue; otherwise, we will probably get some legislative proposals that not only are very hasty but have not been tested by the people to whom they will be applied. That seems entirely contrary to our practice these days in bringing forward legislation.

On Amendment 27, I find it very odd that the Government are clinging to the sunset of the end of 2023. It seems unrealisable—some would say suicidal—and it will bring nothing but discredit on the Government when the chaos that is caused actually supervenes. In any case, whether you think that or not, just reflect on something that the noble Lord, Lord Benyon, said to us in the debate on the last group of amendments. He told us that four teams of officials are working on deciding which of the instruments to be caught by the cut-off should be postponed until 2026 and which should go ahead. If you removed the 2023 sunset, you would save those four teams all their work; all they would need to do is work out what to do by 2026—or, as the noble Baroness suggests, by 2028. I am less sure of that; to my mind, it would be quite sufficient simply to remove 2023 and to leave 2026, as it is in the legislation. That offers a reasonable amount of time to carry out an exercise.

It also demonstrates that those of us tabling or supporting these amendments are not refusing to replace European Union law. Quite the contrary—we understand the basic logic behind what is being done, but we find that the timing is absurd and damaging to our economy. I hope that the Minister will respond positively, both on consultation and on removing the 2023 sunset, even if he does not find 2028 very beguiling.

[Baroness Young of Old Scone (Lab)]

My Lords, I will speak to my Amendments 46 and 47 to the Minister’s Amendment 45, which no doubt he will speak to soon. My amendments add environmental measures to the Minister’s amendment, which exempts financial services measures. Tabling the amendment was rather a flight of mischief, because I thought that, as imitation is the sincerest form of flattery and since the Minister had tabled a fine amendment to get financial services out of the Bill, perhaps I could just follow his good example. I thank him very much for giving me that good idea.

I am sure that the Minister will say he tabled his amendment because the Financial Services and Markets Bill provided a considered and more sensible approach, which it did—but we perhaps need a considered and more sensible approach for all the important issues covered by EU legislation and caught by this Bill. I am talking not just about environmental issues but about consumer and trading standards and workers’ rights. Do they not justify a more considered and sensible approach, rather than this wholesale gallop towards a self-imposed deadline for a constantly shifting number of pieces of law, as listed on the dashboard, which continues to change and presumably will do so right up to the arbitrary deadline? It is a gallop that is diverting huge amounts of civil servants’ time, and all because a few Conservative MPs are allergic to anything that has “EU” in it.

Retained EU Law (Revocation and Reform) Bill

Baroness Young of Old Scone Excerpts

Committee stage
Thursday 23rd February 2023 Lords Chamber

[Lord Callanan (Con)]

The noble and learned Lord knows I have tremendous respect for him and there is a great deal of sense in what he says. If we are getting into a discussion about the sunset, it is my view and the Government’s view that we can do all of this, given the current sunset. Work is under way across Whitehall in the new business department on employment law and in Defra on environmental regulations to do exactly that.

[Baroness Young of Old Scone (Lab)]

My Lords—

[Lord Callanan (Con)]

I will give way in a second; let me answer the previous point before the noble Baroness makes another. I think it is perfectly possible and work is under way in the business department and in Defra, which have many of these retained EU laws, to do precisely that. As Committee proceeds, I hope to be able—maybe I will not be able, but I will do my best—to convince the Committee that we will be able to do this in time, with the given sunset. I give way to the noble Baroness.

[Baroness Young of Old Scone (Lab)]

Would the noble Lord perhaps admit that the only way in which the timetable can be met is by not undertaking the sort of consultation we have come to expect, and indeed enjoyed, during the passage of all this legislation over many years, which has resulted in it being EU retained legislation? My personal sphere of knowledge is the work in Defra. I am desperately worried that many of the things emerging from Defra that are purportedly a replacement for EU law are not being portrayed as that when they come out, and they are not being consulted on in any way whatever. I do not believe that the EU retained law workload can be done by Defra in time without it being a fait accompli by Ministers that is not consulted on and does not go through a process in this House that allows us to have any influence on it. So I would like the Minister to assure us that there will be a full process of consultation that can be contained by the deadline.

[Lord Callanan (Con)]

“Yes” is the answer to the noble Baroness’s question. All new regulations will be subject to a period of consultation. I have to say, with great respect, I would have a little more sympathy for the noble Baroness’s argument had any of these regulations been introduced into UK law in the first place with a period of consultation—but, of course, we all know they were not. Many of the people complaining now that these regulations are so valuable never said anything at the time about the process by which they were introduced. But I accept that is a difference of principle between us.

As I said, our high standards do not and never have depended on EU law. Ministers will have the power to preserve such retained EU law from the sunset where appropriate. Building on some of the earlier points made by the noble Baroness, Lady Humphreys, this includes Ministers in the devolved Governments. As such, it is the Government’s contention—I suspect it is one that will not draw much sympathy from the Opposition—that there is simply no need for any carve-outs for individual departments, specific policy areas or sectors, particularly when I have been able to reassure the Committee on the principles of maternity rights and employment law as a whole.

Retained EU Law (Revocation and Reform) Bill

Baroness Young of Old Scone Excerpts

Committee stage
Thursday 23rd February 2023 Lords Chamber

The simple fact of the matter is this: if there is any threat at all, we know what will happen—we will have another beef ban or a dairy ban. It is self-evident what will happen. People will say, “You can’t trust the Brits. They did it before in the 1990s; now they’re moving back again”. Why put our industry, the jobs and the confidence at risk when this could be solved easily today? Even a letter after today could solve this by the end of Committee, rather than having to deal with it on Report. I am not raising the doubts; I am just spelling out some of the facts about what Ministers who tried to deal with these issues have experienced. The noble Lord, Lord Krebs, has given the scientific views on this. The fact of the matter is that there is enough evidence for Ministers to take action now, go back to the department and say, “Take out all the food safety connected stuff”, because we cannot afford to lose confidence in our food production system.

[Baroness Young of Old Scone (Lab)]

My Lords, it is a great privilege to follow my noble friend Lord Rooker. I really commend his sentiment of, “If it ain’t broke, don’t fix it”, although I probably disagree with the methodology he would use. The amendment in my name excludes the legislation governing pesticides from the sunset in Clause 1. These regulations are vital, as are the food standards regulations. They provide protection for biodiversity and human health, and they help to support the UK’s food safety and agricultural sustainability processes.

I say at the outset that I do not actually believe that a series of exemptions from the sunset clause fixes the Bill. It is a bonkers process to take an as yet unsized task and set an arbitrary, hard deadline before you know what the size of it is. That was the sort of thing I remember being taught in day one of management school never to do, but we seem to be at that point. The reality of the Bill is that it needs much more radical surgery, and pesticides are one of the examples I want to give of the sort of radical surgery it really needs.

I have tabled this amendment for three reasons. The first is to illustrate how important pesticides are. This is an area where protections are vital, and the Bill jeopardises those. Again, the pesticide issue is just one example of many that other noble Lords have given of the recklessness of the Bill, with its commitment, in my view, to feeding the out-of-control European Research Group, swivel-eyed end of the Conservative Party, irrespective of the impact on the public and environmental safety and to the exclusion of all other drivers. Secondly, pesticides are only one example out of the 1,781 pieces of legislation that Defra has to review before December. Thirdly, I want to touch briefly on how fundamentally rotten the Bill is, with its power grab in favour of the Executive and against Parliament and the interests of the people of this country.

Let me dwell briefly on the pesticides issue. Over the 10-year period from 2000, big strides were made, often significantly led by the UK in Europe, which brought into European law a suite of pesticides legislation that protected human health and biodiversity from harmful exposures to pesticides and ensured that horticultural and agricultural practices reduced their impact on people, animals and biodiversity.

They were vital protections. In the area of pesticides, virtually all our law is European law. The Bill would put all this at risk of being deliberately watered down or accidentally binned. The EU legislation was crafted with significant input from experts, including UK experts, and after wide consultation with organisations representing human and animal health and safety interests and environmental interests. We were in there. Following committee examinations in the European Parliament and parliamentary processes involving MEPs, the legislation was approved by the Council of Ministers, on which we had Ministers. Therefore, we cannot really say that these regulations have been produced by a process that we did not have much control over, because that sounds like scrutiny and political involvement to me. Defra has 1,781 of these to review before December, so in all likelihood that level of scrutiny, consultation and expert advice, to that depth, will be pretty impossible before then, bearing in mind the volume of these regulations.

Going back to the importance of pesticides, they are not called biocides for nothing. The clue is in the title. They are designed to kill life. They can be used safely only with specific safeguards. When I wrote this, I said that this risks Ministers tampering, without let or hindrance, but the “sticky fingers” analogy, from the noble Lord, Lord Rooker, is probably a good one. Secondary legislation is not enough to say that Ministers have got let or hindrance because we all know about the inadequacy of the statutory instrument process.

Additionally, the review process that is under way is a regressive one. Even if it were to find that there is a need for improvement, it cannot do that due to the requirement in the Bill to avoid increasing the regulatory burden. Whatever emerges from the review is almost certain to be limper than what existed before. Apart from workload issues, in terms of the review to meet the deadline, Ministers have not shown themselves to be terrifically trustworthy on pesticides when left to their own devices. Last year, the use of neonicotinoids was approved when all the member states of Europe had banned them—we had gone along with that ban many years ago—in a move which was against the advice of the new pesticides regulator, the Health and Safety Executive. At a time when we are all concerned about the reduction in pollinators that we rely on to secure our food and our biodiversity, Defra approves a biocide that kills bees in droves and has been banned since 2007 due to the impact on human health. Your Lordships can see why I am a little doubtful on trust.

This is also the Defra that in 2018 promised an action plan on pesticides. Five years to 2023 does not sound like a lot of action to me. We are still waiting for that action plan. There has been no plan for increasing the capacity here within the UK to replace that loss of expert EU bodies and the depth of their expert advice. The UK Expert Committee on Pesticides, based here, is purely advisory. Ministers make the final decision. That does not fill me with confidence that this review process will be well handled against huge workloads and a hard deadline. And if your Lordships think that Defra is up against it, try Northern Ireland, which has to go through the same process, with the same volume of legislation, with no Assembly in place, no Ministers in place, and no means of passing any of the secondary legislation. On the basis of the Northern Ireland discussions, this looks set to continue for weeks, if not months, to come. Northern Ireland also has the added attraction of standing with a leg on each of two circus horses, the UK and the EU, that are increasingly diverging in standards and policy.

It is highly likely that the changes to the pesticides and other regimes could break the law. There has already been reference to the EU-UK Trade and Cooperation Agreement, which we signed and which commits:

“A Party shall not weaken or reduce, in a manner affecting trade or investment between the Parties, its environmental levels of protection or its climate level of protection below the levels that are in place at the end of the transition period”.


Diminishing the standards in pesticide protection in any way would break that agreement, in my view, but of course I have forgotten that this Government appear not to care too much about agreements with the EU.

Many noble Lords have said that businesses are not happy about the review process. Businesses constantly tell us—when I was chief executive of the Environment Agency, they told me at breakfast, lunch and dinner—that what they need from a regulator and from regulation is certainty, long lead times and consultation. This review process provides none of these.

I am sure that the Minister—I do love trying to get into the Minister’s head; it is the sort of thing that you do of a weekend—will say that he understands that Defra is already well-advanced with all these reviews. I understand that Defra has buckets; there is one big bucket for legislation that is going to be dumped as of December 2023. There is one small one, probably justifiably small, for regulations that will pass through unamended—if I can say this; I think that in terms of Defra this is a totally valid analogy—like shit off a shovel. But there is another big bucket, which is the bucket where the regulations for review sit. That is still a big bucket, despite many Defra regulations being shed. So the plea I would make to the Minister is that I think that this process—rather than the Bill, which I think is fatally flawed—would be hugely helped if Defra would show us its buckets. Show us your buckets. What is in each, and what is the process for the remaining reviews on those buckets where review is required? It might reassure us; it might not. But it will at least allow parliamentary discussion, public discussion, business discussion and expert discussion on whether the process is going well and how big a mountain we have to climb.

I make no apologies for banging on about pesticide safety, but it is only one example of the risks of this Bill. One down, only another 4,000 to go. I am not going to go into lyrical raptures denouncing the basic unconstitutional nature of the Bill, handing powers to Ministers to act without real let or hindrance, not just this year but until 2026 with the capacity to extend the sunset, and also for ever for that legion of direct EU law which will now be regarded as secondary legislation and therefore be amendable without any real ability of Parliament to make a difference.

I am not a remoaner; I am not against proper review of EU retained and direct law, but I just do not think that this Bill is the proper way to do it. I can see that the noble Lord, Lord Callanan, is smiling—I am definitely not a remoaner. As a very minimum, the Government should remove the sunset. If it was intended to spur on government departments and civil servants to bring out their EU legislation, it has had that effect. It is entirely risky to commit to an end date for a complex process of review, complicated by issues of devolution, particularly in Northern Ireland. The commitment to review all of the legislation at the same time to a very tight deadline breaks every management and good governance rule. The Government should be bringing lists of what legislation is in what bucket, for consultation by Parliament and to allow Parliament to debate these before any revocation or revision is then processed through a proper parliamentary process.

Clause 15, the regulatory burden clause, should be removed, to allow legitimate review to come forward with proper improvement, if necessary, that would allow debate here on whether that is undue regulatory burden. You could either say that that is an amended law or say, “Let’s go back to the drawing board and start again”. I do not mind particularly, but it means that we need to do something more radical than simply having exemptions from the sunset clause.

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[Baroness Bloomfield of Hinton Waldrist (Con)]

I think the best thing I can do is commit to giving the noble Lord a definition of “regulatory burden” in writing in due course.

[Baroness Young of Old Scone (Lab)]

When the Minister writes, can she also give us an indication of how that definition has already been shared with government departments, which are busy reviewing their legislation? They are presumably using some sort of metric—do we weigh the buckets by the pound? Is it the impact on business or is it the public good that is delivered? The Treasury has argued for years about the methodology for judging the benefit—or otherwise—of legislation. I would be interested to know what sort of guidance has been given to government departments.

[Baroness Bloomfield of Hinton Waldrist (Con)]

We will give as much further clarification as we can.

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[Baroness Bloomfield of Hinton Waldrist (Con)]

In terms of the dashboard, the vast majority of the work is already done, but there will be bits that will be added or found, most of which will be from old legislation. Most of the relevant work has already been done, but it is still subject to review.

[Baroness Young of Old Scone (Lab)]

It is good to hear that the dashboard is nearly finished; it has been interesting watching it emerge. Your Lordships will be glad to hear that I have read every single environmental provision in the original documentation that is on that list.

I wonder if the Minister could tell us about what happens when the buckets are published—not the list but the buckets we are sorting into. I do not know if your Lordships have ever watched that telly programme, “Snog Marry Avoid?”—that shows how intellectual I am on a Friday night—but I kind of typify the buckets like that. The “avoid” one is for the ones that we are going to get rid of because nobody really wants them; the “marry” one is for the ones that we all think are wonderful and we are going to just give a straight run through; and the “snog” one is for the ones that we have to spend a bit of time on to find out whether they are really up to it or not. The quicker we can get the buckets published, the better. Will the buckets come out early enough for this Parliament to play a proper role in coming to some conclusions and helping the Government decide whether they have everything in the right bucket? There might be a little desirable treasure tucked away at the bottom of one of the wrong buckets that we all cherish.

[Lord Fox (LD)]

I am sorry to keep labouring this point, but the Minister keeps introducing new information. In referring to the dashboard, the Minister implied that the dashboard is the list. Nowhere in this legislation is the dashboard referred to. What is the legal status of the dashboard with respect to the sunset?

--- Later in debate ---

[Baroness Young of Old Scone (Lab)]

We also seek clarification on something the noble Lord, Lord Callanan, said at Second Reading: that there will be impact reviews, as the Minister has said, of new legislation, which is what we would expect under the normal statutory instrument procedure. But what is not clear is whether there is any impact review of stuff being put in the “avoid” bucket. If stuff is going to be left to go out the door on 31 December, is there going to be any proposition showing our loss or gain on those? If not, why not?

[Baroness Bloomfield of Hinton Waldrist (Con)]

Not in terms of regulatory review, but those decisions will be taken within departments, and they will be sunsetted.