Sustainable Farming Incentive: Species Management and ELMS

Lord Douglas-Miller Excerpts
Thursday 25th January 2024

(2 years ago)

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Lord Douglas-Miller Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Douglas-Miller) (Con)
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My Lords, I declare my interests in farming, fishing and land management, as set out in the register. I congratulate my noble friend Lord Caithness on securing this important and timely debate.

I welcome this opportunity to speak about the changes to our environmental land management schemes and the case for including species management within the Countryside Stewardship section. Species management plays an important role in meeting our biodiversity targets. I am grateful for the many thoughtful and knowledgeable contributions that noble Lords have made today; I will return to this point in just a moment.

Given the relevance of this debate, it is worth highlighting how we are seizing the opportunities of moving away from the EU’s inflexible common agricultural policy and implementing our own bespoke environmental land management scheme, as this move constitutes the main element of the agricultural transition plan, as the noble Baroness, Lady Hayman of Ullock, explained so well just now.

First, and contrary to what was said by the noble Baronesses, Lady Bakewell and Lady Bennett, we are maintaining the £2.4 billion budget for the sector across this Parliament by using money released from the winding down of the basic payment scheme to fund our new set of ELMS modules aimed at improving the environment, productivity and the health and welfare of animals.

As many noble Lords will know, our ELMS modules fall into three main parts. The sustainable farming incentive pays for standard actions that are needed across the farmed landscape to deliver our environmental objectives. Since its launch, we have seen growing uptake for the SFI. As of yesterday, we have received more than 9,300 applications, which is approximately 15% of all farmers. Importantly, feedback from pilot participants has helped to shape the scheme to ensure that it is flexible and works for all farmers across England. As of this month, for those actions already agreed with the Rural Payments Agency, farmers have taken up actions which mean that circa 123,000 hectares of arable land is being managed without insecticides and circa 53,000 hectares of low-input grassland is focused on improving sustainability.

The second part of ELMS, Countryside Stewardship, pays for locally targeted actions relating to the creation of specific habitats and the management of some species. I reassure the right reverend Prelate the Bishop of Norwich: Countryside Stewardship schemes have helped to maintain and restore more than 10,000 kilometres of existing hedgerows and to plant an additional 4,000 kilometres across the country.

The third part, landscape recovery, is aimed at farmers and land managers who want to take a more long-term and large-scale approach to producing environmental goods on their land alongside food production. The first round of landscape recovery in 2023 focused on species recovery and river restoration. There were 22 successful projects. Among other things, they target the conservation of more than 260 flagship species. The second round of landscape recovery focuses on net zero, protected sites and wildlife-rich habitats. There are 34 shortlisted projects that will deliver a wide range of environmental benefits, including restoring more than 35,000 hectares of peatland and creating more than 7,000 hectares of new woodland.

At the Oxford Farming Conference earlier this month, the Secretary of State announced an update to the agricultural transition plan. This represents the biggest upgrade to farming schemes since the start of the agricultural transition in 2021. The key message from the Secretary of State, which I reiterate today, is that we are delivering more money, more choice and more trust. On money, we have updated the payment rates for existing SFI and Countryside Stewardship actions, increasing rates by an average of 10% across the board. Farmers will also be paid a premium for certain actions which deliver higher value outcomes.

On choice, we want to ensure that there is something available for every farmer regardless of whether they own or rent their land. We are adding around 50 new actions to our schemes and amending many more after taking feedback from farmers, researchers and stakeholders to improve and expand existing actions, creating the most flexible and comprehensive offer yet. For example, we have added five new actions and amended four existing ones to support the management of rivers and their catchments. These focus on slowing the flow of water through the landscape, thereby helping to reduce the impact of extreme weather events such as those that we have experienced recently.

Importantly, to build trust, we have listened to farmers and want to enable every farmer to access our schemes quickly and simply. We will be streamlining the application process by bringing together SFI and Countryside Stewardship mid-tier applications and exploring how we can simplify the Countryside Stewardship higher-tier application process as well. This and other changes will make it easier for our schemes to slot seamlessly into farm businesses. That will help to ensure that we get the scale and ambition we need to achieve our targets, including having 70% of farmers signed up by 2028.

I know from personal experience that no one cares more deeply about the land, the nature around them or the health of their farm than the farmer or land manager who lives and works there every day. The Government are keen that the relationship between farmers and regulatory bodies moves towards one of working together and building trust, and the guidance from the Government to regulatory bodies will reflect that farmers and land managers are the solution, not the problem, as my noble friend Lord Sewell of Sanderstead suggested. I should add that the Government support a range of innovations, but I shall take away my noble friend’s thoughts on innovation and consider them further.

My noble friend Lord Caithness and other noble Lords asked about the balance between environmental benefits and food production. The Nature Friendly Farming Network is particularly interested in this point too. I know that my right honourable friend in the other place, the Farming Minister, met the Nature Friendly Farming Network on Monday this week. I was delighted to hear that they had a productive discussion on this topic and are working constructively together on potential routes forward.

I turn to species management, which my noble friend and other noble Lords spoke on with such knowledge today. As my noble friend explained, the evidence clearly points to three key functions that support biodiversity: suitable habitat, food source, and predator management. All three will be required if we are to hit our biodiversity targets. The lack of suitable habitat in good condition, and food scarcity, particularly over winter, are two of the primary reasons for species decline. We have many actions within ELM schemes that pay for habitat creation and management, and more are being added later this year. We also have specific actions to provide overwinter food for farmland bird species to boost their recovery.

Alongside those two critical components, we need predator management to support the recovery of certain species and priority habitats. Through Countryside Stewardship we already pay for actions to manage deer and grey squirrels to protect our woodlands, a subject raised by many noble Lords today, as well as the control of invasive non-native plant species such as Japanese knotweed and Himalayan balsam. This year we are expanding these offers to fund management across the landscape, beyond woodlands, and we are increasing payment rates to better reflect the complexity of the management actions that are required.

From this year, for the first time, we will also pay for the management control of edible dormice and American mink. The edible dormouse—a somewhat curious name, which I understand stems from the Romans acquiring a taste for this rodent—were first introduced to the UK from Europe in 1907. They cause damage to trees by bark stripping and ring barking, and they are known to eat fruit crops and compete with hole-nesting birds for nest boxes, and to predate on their eggs.

My noble friend Lord Robathan spoke with great emotion about the American mink, which is a widespread non-native invasive species with a broad diet that includes small mammals. The American mink has heavily preyed on our native water vole population, which is now endangered, as my noble friend mentioned. The key point, raised by the noble Baroness, Lady Hayman, and others, is that management of other generalist predators such as foxes, crows, stoats and weasels can and should be undertaken by farmers and land managers in accordance with the general licensing rules, which I appreciate have been a challenging area in the last year or so.

My noble friend Lord Robathan and others asked an important question concerning how we have taken species which are already included under general licences, such as GL38 for stoats, into account. I note that the evidence requirements for permitting the control of a species differ from the evidence requirements to incentivise the management of that same species through our schemes. The latter requires—

Lord Robathan Portrait Lord Robathan (Con)
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My question really is: why do we need general licences and so on? We know that crows are very destructive, for instance. We have mentioned squirrels, mink and magpies. Why do we need a licence at all, general or otherwise? Is it to keep civil servants working?

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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My noble friend raises a good point. It is the current law of the land. Perhaps I could take that point away and have a further discussion with him at a later stage.

Turning to future plans, I hope to reassure my noble friend and others in the House that, as part of the rolling review process, we will continue to explore whether to include additional species management actions within our schemes. This will involve working closely with stakeholders and farmers to understand specific issues as they emerge. It will keep our offers, including payments, up to date and allow us to respond to farmer feedback and changing scientific evidence to maintain progress towards achieving our biodiversity goals.

The noble Baroness, Lady Hayman, the right reverend Prelate the Bishop of Norwich and the noble Baroness, Lady Bennett, raised questions about soil. I emphasise that healthy soil, abundant pollinators and clean water are the foundations of our food security; I am sure that they would agree with me on that. The SFI pays farmers to improve and conserve their soils and provide flower-rich habitats for pollinators and other beneficial invertebrates. These actions support the delivery of our environmental objectives; they also benefit food production, by reducing farmers’ reliance on costly artificial inputs.

The noble Baroness, Lady Bakewell, raised the issue of the land use framework, which I know is due to be published shortly. I am afraid I do not have an exact date for the noble Baroness, but perhaps I can get back to her on it at a later date.

In conclusion, our agricultural transition plan represents the most significant upgrade to farming support schemes since we gained the freedom to design and implement options that support the unique nature of our countryside. The Government will ensure that we maintain progress towards our outcomes by keeping our schemes under review, while ensuring that our offers reflect the latest scientific evidence and represent good value to both farmers and taxpayers. If I have missed any specific points from noble Lords or noble Baronesses, I will write to them in due course. I thank my noble friend for the opportunity to have this important debate.

Biosecurity and Infectious Diseases

Lord Douglas-Miller Excerpts
Thursday 18th January 2024

(2 years ago)

Lords Chamber
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Lord Douglas-Miller Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Douglas-Miller) (Con) (Maiden Speech)
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My Lords, I thank the noble Lord, Lord Trees, and other noble Lords for their very kind words. I am honoured and privileged to be giving my maiden speech in this afternoon’s debate. The key issues impacting our environment, such as biosecurity and species loss, are not only close to my heart but one of the central challenges we currently face. I shall return to this subject in a minute.

In researching maiden speeches, I was struck by two recurring themes. The first is a desire for brevity—a subject raised by the noble Lord, Lord Kennedy, this morning. My wife’s grandfather, Sir Walter Bromley-Davenport, was a prominent Member of the other place. He provided some formative training in this area. Whenever anyone stood up to make a speech, including the vicar for his Sunday morning sermon, he would mutter in a terrible stage whisper, “Five minutes”. If anyone dared to exceed the allotted time, he would follow up with an even worse stage whisper, “The fellow doesn’t know when to stop”.

The second theme is consistent reference to the warm welcome that new Members of this place receive from Black Rod and the many others who make up the wonderful team here. I add my own thanks for the very warm welcome that I have received. I am also grateful to my noble friends Lord Benyon—currently in Guatemala—and Lady Fraser of Craigmaddie for introducing me to the House just before Christmas. Both have offered me useful advice on how to navigate this place. I hope that your Lordships will bear with me as I find my feet in this unfamiliar landscape.

I am conscious that I have two tasks today—to respond to this debate and to give your Lordships a little personal background on my journey to this Dispatch Box. Let me start with a brief summary of the latter. In my working life, I have held a number of different jobs. I have been a soldier, a retailer, a commercial property manager and involved in quite a few start-up businesses.

I have also had the great privilege of working with some of our country’s most prestigious conservation charities and NGOs, most recently as chair of the Atlantic Salmon Trust. Like many other conservation charities, the Atlantic Salmon Trust is an amazing organisation, fighting to preserve the iconic wild Atlantic salmon from further decline. One of the most valuable things I learned about wild salmon is their importance in maintaining the health and biodiversity of the ecosystem they live in. The recovery actions that benefit a keystone species such as wild Atlantic salmon also benefit every other species in that ecosystem. If we are serious about reversing biodiversity decline, focusing on these keystone species is a very good place to start.

Running concurrently with my various day jobs, I have been a hill farmer and land manager for more than 30 years in the Scottish Borders, where I live with my wonderful wife, three children and a menagerie of other animals. The backbone of our farm is a flock of hardy blackface sheep. It is just as well that they are hardy, as our farm starts at a height of 600 feet and climbs to a little over 1,700 feet. At the top of our hill is open moorland—a hunting ground for golden eagles, peregrine falcons and a range of other raptors. It is also home to mountain hares, lapwing, grouse, snipe, golden plover, curlew, adders and many other rare species. They are all abundant, due to our careful habitat creation and targeted predator management—two essential ingredients in reversing biodiversity loss. One of the great joys of my life is that I can hear the eerie and evocative call of the curlew from my bedroom window in the spring and summer months.

Our constant objective and overarching aim is to balance nature recovery with farming and food production. As many in this place will know, balancing these two sometimes contradictory objectives is not easy. The time and cost of implementing nature recovery on the farm can create some difficult economic frictions and the very process of farming can present some really hard choices—choices that reflect the realities of life and nature on the front line. This balancing act—it is perhaps better described as a rebalancing act—represents one of the most difficult and important policy challenges for government today. Not only will it guide the future prosperity of our farming and rural communities and help secure domestic food production, it will be the main driver in delivering species recovery and climate change mitigation. I know that getting this balance right is no easy task, but it is certainly not mission impossible—the rather surprising view expressed in my introduction to your Lordships’ House before Christmas.

My second, rather more important, task this afternoon is to congratulate the noble Lord, Lord Trees, on securing this debate and to thank noble Lords for their valuable contributions. This has been a stimulating debate, with the full spectrum of views expressed—so much so that my support team have run out of paper with the number of messages that they have been sending to me.

The noble Lord, Lord Trees, is absolutely right to highlight globalisation and climate change as the key issues impacting biosecurity. Pests and diseases know no borders, while new and emerging threats are often the result of trade and globalisation and can be further exacerbated by climate change. In addition, upholding high biosecurity standards is paramount for food production and food safety, for human and animal health, and to support our economy and trade. Plant diseases alone are estimated to cost the global economy more than $220 billion annually, and up to 40% of global crop production is lost to pests each year. These are huge numbers that are unlikely to reduce as climate change drives the geographical expansion and the host range of pests and diseases.

Healthy plants and animals are not just an important tool in the fight against climate change and biodiversity loss; they directly contribute to many of the UN sustainable development goals, in particular to end hunger, to achieve food security, to improve nutrition and to promote sustainable agriculture. I assure noble Lords that this Government are focused on not only responding to these changing threats but protecting animal, environmental and plant health. The Government published their biological security strategy last summer, aiming to build UK resilience to the increasing spectrum of biological threats. The strategy specifically highlights the interdependencies between environmental, plant, animal and human health—a subject raised by many noble Lords this afternoon.

Let me assure noble Lords of the robust measures that we have in place to maintain and improve our ability to detect, prevent, respond and recover from outbreaks. Surveillance and detection are key to minimising risks from imports. We monitor and respond to trade and movement threats and have a strong information-sharing relationship with our European and international partners; for example, when EHD, a disease acute to deer, appeared on the continent, we stopped imports from affected countries and enhanced post-import testing from neighbouring regions. Our strong sanitary and phytosanitary standards are upheld by checking products in their final form and by assuring the whole production chain of our trading partners.

Our new border target operating model further sets out how we will introduce a new global regime that better targets high-risk commodities while simplifying processes for trade where it is safe to do so. The noble Lord, Lord Taylor, talked eloquently about the need for us to balance the sanitary and phytosanitary risks with the need for trade to flow freely. Having recently visited one of our border control posts and seen for myself the work taking place, I am confident that we have the balance about right for the upcoming rollout of the new BTOM system, which starts in earnest in April this year.

Our world-leading science and research capabilities further support our biosecurity. The UK’s health, agriculture, plant, environmental, and life science sectors are supported by a large cadre of expertise—of international standard reference laboratories and innovative research programmes. Research on new diagnostics, vector-borne diseases and veterinary vaccine technology, are just some examples. Indeed, our globally respected scientists at the Animal and Plant Health Agency require world-class facilities. I was delighted to see first-hand on a recent visit why our Weybridge laboratory is internationally recognised for diseases such as avian influenza and rabies. In fact, it has the largest number of internationally recognised reference laboratories anywhere in the world, something that we should be justifiably proud of.

The first stage of the Government’s £200 million redevelopment of this vital facility has begun. Once completed, it will be a world-leading facility. It will not only cement the UK’s global science status—since almost two-thirds of infectious diseases in humans originate from animals—but safeguard and enhance the UK’s capability to respond to the increasing threat from zoonotic diseases, protect public health and underpin the UK’s trade capability with animal export products, which are worth over £12 billion per year to the UK economy. I am committed to working with colleagues in the Animal and Plant Health Agency and across government, including His Majesty’s Treasury, to move the next stage of the Weybridge development forward.

On the plant side, the £5.8 million Holt Laboratory in Hampshire opened in 2022, conducting world-leading research on plant pests and disease threats. The Fera Science laboratory in Yorkshire, mentioned by the noble Baroness, Lady Hayman of Ullock, and many others, is our science reference laboratory for plant and bee health. Its work is vital for our success.

As many noble Lords have noted, despite our best efforts we cannot keep every disease and vector of disease out. Therefore, it is vital that we promote strong biosecurity and maintain our response capabilities. Unfortunately, in recent years we have had several opportunities to test these capabilities, including responses to the Asian hornet and the oak processionary moth, and on the animal side, avian influenza and, most recently, bluetongue virus.

We continue to regularly test our capabilities through exercises and horizon scanning, we learn lessons when outbreaks do occur, and we invest in improvements. We work closely with sector groups on our preparedness and outbreak response, and we remain ever grateful for their insight and commitment.

I am conscious of the time and the length and breadth of noble Lords’ questions. It would probably take me more than my 20-minute slot just to answer those. If I fail to answer anybody’s questions, I will write and place a copy in the Library.

The noble Lord, Lord Trees, and many others, asked about the progress on the biological security strategy. Defra is a key delivery department in the UK Biological Security Strategy published last June. It commits the Government to addressing biological threats, including those related to animal and plant health and invasive non-native species. Defra is working closely with the Department of Health and Social Care to lead the “respond” pillar. This includes having robust contingency plans for biological threats; ensuring that the UK border maintains biosecurity with a new BTOM system, which is going live this April; and establishing a new inspectorate to tackle invasive non-native species, which is now up and running. In parallel, our Environmental Improvement Plan 2023 set out how we will improve our environment at home and abroad, including through biodiversity.

The noble Lord also asked when the border target operating model would be working to full capacity. When the new certificates for EU imports come into force in January, they will need to be signed by an official veterinarian from the exporting country to confirm their safety of origin. It is the responsibility of that country to appoint official veterinarians who are qualified and authorised to do that job. Our Chief Veterinary Officer has been in constant contact with her colleagues in Europe on this subject.

On the number of vets we have here, I should probably declare an interest: my son’s partner is a vet, and I understand some of the issues around retaining young vets in our country. More than half her intake from the University of Bristol just three years ago have ceased to practise. Retaining and recruiting young vets over here is very important. We are aware of this issue and the high demand for this vital profession.

The noble Lord also asked questions on how Defra works to improve public awareness of threats to plant health and how to prevent them. The Government cannot act alone on plant health: we have a collective responsibility to keep our plants healthy. Campaigns are ongoing to raise awareness of plant health and biosecurity. This includes pests that are already present, such as oak processionary moth, as well as threats that are not yet present, such as Xylella. There is active join-up across the Defra family group with external stakeholders on plant health communications, including an annual collaboration campaign for National Plant Health Week.

Other noble Lords joined the noble Lord, Lord Trees, to ask about preparedness for a future pandemic. The Covid pandemic has focused us on being better prepared. Disease events that we once thought would happen once in a lifetime have increased and may be at least once a decade now. Globalisation and trade, the demand for imported food, and cheap travel all enable diseases to spread silently and far more easily. The UK is strongly advocating for international collaboration on pandemic preparedness and working towards better early-warning systems; more sensitive, cost-effective and faster diagnostics; and improvements in vaccine development.

The noble Viscount, Lord Stansgate, the noble Baronesses, Lady Murphy and Lady Bennett, and the noble Lord, Lord Browne, raised the important issue of antimicrobial resistance. I am unlikely to share the view of the noble Baroness, Lady Bennett, on the proven benefits of grouse-moor management, but I think we will agree that the issue of increased antibiotic use in the salmon farming industry is alarming. Antimicrobial resistance is a global threat. It can lead to untreatable or difficult-to-treat infectious diseases in humans, animals and plants. We are vigilant to its spread. We have a well-established surveillance programme that monitors the use of antibiotics in animals and resistance in major food-producing species. To tackle antimicrobial resistance, we are committed to reducing unnecessary use of antibiotics in animals.

I am conscious that there were many other questions from noble Lords but, as I said, I would prefer to write to them and leave copies in the Library.

In bringing this debate to a conclusion, I again thank the noble Lord, Lord Trees, for securing this timely debate and allowing me the opportunity to reinforce my department’s commitment to biosecurity. Protecting the biosecurity of the United Kingdom is at the forefront of this Government’s agenda, as our extensive and ongoing investment into the science capability at Weybridge demonstrates. This Government’s One Health and climate-focused approach is a key element of our biological security strategy: supporting efforts across environmental, plant, animal and human disciplines to safeguard our biosecurity. My department and our key partners across government are committed to this strategy. Not only does it address biological threats but it will deliver on our pledge to hand over our planet to the next generation in a better condition than when we inherited it.

Water Pollution

Lord Douglas-Miller Excerpts
Tuesday 16th January 2024

(2 years ago)

Lords Chamber
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Baroness Boycott Portrait Baroness Boycott
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To ask His Majesty’s Government, following the BBC “Panorama” documentary “The Water Pollution Cover-Up”, what assessment they have made of the ability of the Environment Agency to regulate and police water companies, and what steps they plan to take to stop sewage entering watercourses.

Lord Douglas-Miller Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Douglas-Miller) (Con)
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My Lords, I declare my interests as set out in the register. The Government are clear that the current volume of sewage being discharged into our waters is unacceptable. Our plan for water is addressing this and delivering more investment, stronger regulation and tougher enforcement to clean up our water and water environment. Where there is evidence of wrongdoing, the Environment Agency will not hesitate to act.

Baroness Boycott Portrait Baroness Boycott (CB)
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My Lords, I welcome the Minister to the Dispatch Box and I too declare my interests.

The “Panorama” programme threw up a lot of issues. It has not had quite the effect of “Mr Bates vs The Post Office”—although I wish it had, because there is a lot of covering up going on at the moment in terms of sewerage works in this country. I would like to raise one point; others will be raised as the Question goes on.

Campaigners and journalists have been using freedom of information requests or environmental information requests to water companies, to explore and expose the illegal sewage discharges. But, increasingly, the companies are refusing to comply. In fact, nine out of 11 water and sewerage companies in England and Wales have said that the ongoing Ofwat and Environment Agency investigations mean that they do not have to hand over any data. This is completely contrary to what David Black, the CEO of Ofwat, told the Public Accounts Committee just four weeks ago. He said this was not a good enough reason. Do the Government not agree that this data should be provided for the sake of transparency, public health and the protection of the environment? Sewage in our rivers is something that everyone in this country cares about.

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Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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I thank the noble Baroness for her Question. The Government do not believe that there is any collusion. The role of the Environment Agency, as the environmental regulator for water companies, is to provide guidance to help water companies with their water resource management and to ensure that they are complying with the regulations. On FoI and environmental information regulations, water companies are only subject to the Environmental Information Regulations 2004 and not the Freedom of Information Act 2000. For the purposes of the environmental information regulations, water companies are their own legal entity, which means that it is for the organisation itself to tell you why it cannot provide all, or some of, the information requested.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I welcome my noble friend to this House and congratulate him on his new appointment. Possibly the best way of preventing sewage entering the watercourses is to ensure the end of the automatic right to connect major new developments with inadequate, inappropriate piping. Will he look into when the consultation will be brought forward to implement Schedule 3 to the Flood and Water Management Act 2010 to ensure that there will be no automatic connections in these circumstances and a better use of SUDS and natural flood defences?

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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I thank my noble friend for her kind words, which are greatly appreciated. We will be implementing Schedule 3 to the water management Act, as previously announced. I hope that that addresses my noble friend’s question.

Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville (LD)
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My Lords, I welcome the Minister to his first outing at the Dispatch Box. It is clear from whistleblower evidence in the recent BBC “Panorama” investigation into water pollution that water companies can and do cheat the operator self-monitoring test by manipulating flows at failing sewage works. This ensures that there is no flow to sample when the official tester arrives. Will the Government concede that trusting companies that are financially motivated to cover up failing works to avoid penalties from Ofwat to carry out their own testing is not an effective regulatory system? Will they commit to putting robust independent regulation in place to ensure sewage works’ compliance?

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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Water companies, including United Utilities, have always been required to report pollution incidents and breaches of their permits to the Environment Agency. The agency also monitors and inspects water company sites independently. It has significantly driven up monitoring and transparency from water companies in recent years. Any reports of misreporting are a concern and, if there is evidence, the Environment Agency will always take action, including pursuing and prosecuting companies that are deliberately obstructive.

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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My Lords, I too welcome the noble Lord to his place and say how much I look forward to working with him in the coming months.

In a Written Answer, the noble Lord noted that, following pollution from United Utilities in the Windermere area, the Environment Agency recognised that it should have done better and referred itself for independent review by its Scottish partner. The Answer also stated that learning had been shared with the EA to inform future responses. How many similar regulatory failures have taken place over the last three years, and how will the department ensure transparency over the outcomes?

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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Again, I thank the noble Baroness for her kind words. The Environment Agency has fully reviewed the evidence about this incident and concluded that the most likely cause of the Cunsey Beck issue at Lake Windermere was algal bloom. However, since the Environment Agency did not identify a definitive source of this serious problem, it asked the Scottish Environment Protection Agency to review its response. As a result of the review, the Environment Agency has made improvements to water quality monitoring in the area, including installing sensors that monitor river quality in real time. We have no plans to reopen the investigation in the absence of any substantial new evidence.

Lord Cromwell Portrait Lord Cromwell (CB)
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My Lords, senior members of staff from water companies appearing in front of the regulatory committee told us that the monitoring that they have put in place is available freely, in real time, to the public. They now appear to be claiming that they are quasi sub judice because they are under investigation and are not prepared to provide that information. Is that something the Government will let them get away with?

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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The Government are very clear that we will be providing real-time information and that it will be available publicly. If any of the water companies feel that they will not be doing that, I can assure your Lordships that the Environment Agency will be chasing them.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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I welcome the new Minister, but on this issue he has stepped into a large bucket of doo-doo. I am just warning him; we are very unhappy here about this. I did not see the BBC “Panorama” programme that was referred to, but it showed that United Utilities is due to receive millions of pounds in performance payments from bill payers, as a result of it covering up and wrongly categorising pollution incidents. Will the Government research and look into this fraud? The allegations are that the Environment Agency is also complicit and other water companies could be doing exactly the same.

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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When I watched the “Panorama” programme, I too was left with the distinct impression that something fishy was going on. However, it is standard practice for the initial and final categorisations to be different. This is because the initial categorisation is based on the information provided in an initial report. An Environment Agency officer will then gather evidence about the incident from a variety of sources, including attendants at the most significant pollution events. They will then assess this information and give a final categorisation that is based on the evidence rather than on the initial estimate.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, we made no progress on health and safety until we made company directors personally responsible. It is no good relying on a system of fines, because that just ends up putting up consumers’ bills. Now that my noble friend is in his new position, would he look at the prospect of holding boards to account for their performance in this regard? It would change the whole nature of their attitudes. On his point about something fishy going on, the point of this is that all the fish are dying.

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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As the former chair of the Atlantic Salmon Trust, I have some sympathy with my noble friend’s view. The Government have legislated to introduce unlimited penalties on water companies. I appreciate my noble friend’s point, but we have made a start in the right direction. A much wider range of issues can now be applied by the Environment Agency to hold water companies to account. As I stated at the beginning, the Government are acutely aware that the position is not satisfactory and are looking into the matter, with all seriousness.