Met Office: 2023 Temperatures

Lord Forsyth of Drumlean Excerpts
Tuesday 6th February 2024

(2 months, 3 weeks ago)

Lords Chamber
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Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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Again, I will write to the right reverend Prelate in due course. I am doing rather a lot of writing today, am I not? This is a broad subject which I am slowly getting my head around.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, further to the question from the right reverend Prelate, is it not important that everyone realises that passing on the cost to consumers is not unfair—this is what is going to happen? In pursuing our policy, we have to be aware of this cost and phase it in over time. It is completely irresponsible to move ahead of people’s ability to pay.

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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I entirely agree with my noble friend. The communication on this transition has not been entirely well presented. A transition to a green energy future is going to cost a significant amount of money. I concur with my noble friend’s view on this.

Water Pollution

Lord Forsyth of Drumlean Excerpts
Tuesday 16th January 2024

(3 months, 2 weeks ago)

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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.

Clothing Sales: Sustainability

Lord Forsyth of Drumlean Excerpts
Monday 11th September 2023

(7 months, 3 weeks ago)

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Lord Benyon Portrait Lord Benyon (Con)
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We have made some progress. The Textiles 2030 policy, promoted by WRAP, helps signatories to reduce their water and carbon footprints per tonne of clothing by 18.2% and 21% respectively. We want to help local authorities with the work that they are doing and they are being funded to bring forward changes to packaging recycling collections through the extended producer responsibility payments. Separate food waste collections will be funded via new burdens payments, and new collection requirements for consistency in recycling for households in England will come in shortly.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, following on from the question from my noble friend Lady Jenkin, might we all be able to avoid buying new clothes if the authorities in this House did something about the moths?

None Portrait Noble Lords
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Oh!

Horticultural Peat

Lord Forsyth of Drumlean Excerpts
Tuesday 9th May 2023

(11 months, 3 weeks ago)

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Lord Benyon Portrait Lord Benyon (Con)
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The noble Baroness has made the point that I am about to make rather better than I will, and that is that we need to do all of these things. We need carbon capture and storage, because that will be a big part of dealing with our greenhouse gas emissions and protecting our environment, including our peatlands. I am sorry that this Government annoy her; I live for the moment when she and her Green Party colleague stand up and congratulate the Government on having serious targets for protecting our peatland and addressing climate change in a way that no other country is.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, does my noble friend not accept that one of the reasons he is able to pass laws and deal with this in a balanced manner is he has the freedom to do so because we have left the European Union?

Lord Benyon Portrait Lord Benyon (Con)
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I did not see that one coming. I may have been on a different side to my noble friend but I can tell him that, on environmental issues, I am enjoying the freedom that I have, both nationally and internationally, to take action to protect our environment.

Scotland: Bottle Deposit Return Scheme

Lord Forsyth of Drumlean Excerpts
Monday 27th February 2023

(1 year, 2 months ago)

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Asked by
Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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To ask His Majesty’s Government what assessment they have made of the effect of the Scottish Government’s bottle deposit return scheme upon (1) the internal market between Scotland and England and (2) UK manufacturers, businesses and consumers.

Lord Benyon Portrait The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)
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My Lords, as waste policy is a devolved matter, the Scottish Government have opted to roll out a DRS independently of the rest of the UK, due to launch on 16 August this year. We remain in close contact with officials and industry to learn from the delivery of the Scottish scheme and align on key decisions wherever possible.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, that Answer simply is not good enough. This is a unilateral scheme that has been completely ill thought out. Indeed, one of the candidates for the SNP leadership has said it should be cancelled. The deadline for businesses to register is tomorrow. It means a death sentence for small producers of beverages and price increases for Scottish consumers, and it drives a coach and horses through the UK internal market. It requires an opt-out from the internal market Act to proceed. Will my noble friend throw a lifeline to those businesses and consumers?

Lord Benyon Portrait Lord Benyon (Con)
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Let us see whether I can try to encourage my noble friend with this reply. The Government have not yet received an official ministerial request from the Scottish Government for a United Kingdom internal market exemption. There have been discussions at official level. He is entirely right to point out the failures of the Scottish scheme and the impact it will have on Scottish businesses. In November some 600 businesses wrote to the Scottish Minister outlining various reasons why the deposit return scheme is going to fail in Scotland. These include a risk of fraud, major losses in consumer spend, loss of investment in the Scottish economy, and financial and environmental implications for local authorities.

I have to wait and see whether the Scottish Government apply for a UKIM exemption, and then I can answer my noble friend’s question. One of the front-runners to lead the SNP has announced that if it rolls out in Scotland in August as planned, it will create “carnage”. I agree.

Water Companies: Pollution Penalties

Lord Forsyth of Drumlean Excerpts
Wednesday 22nd February 2023

(1 year, 2 months ago)

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Lord Benyon Portrait Lord Benyon (Con)
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The review is looking at everything. There is no attempt to resile from that figure. That figure relates to one area of sanction. It may be that we should look at unlimited fines to be decided by the courts. We are not suggesting a floor or a ceiling at this stage, but we want to ensure that water companies that knowingly, incompetently and against permitted agreements release sewage into our water and environment are sanctioned. I assure the noble Baroness that there is no attempt to resile from this.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, am I alone in wondering how it can make sense to impose large fines on companies when investment is required and that money is no longer available, rather than holding the management and the directors responsible personally to account?

Lord Benyon Portrait Lord Benyon (Con)
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I think that fines have their place. Certainly, how we have changed the rules in terms of, first, how the Environment Agency can recover the costs of doing inspections and, secondly, how the fines that it recovers can be spent on the natural environment and improving it is entirely right. We are determined to see continuing investment. We have the largest investment in our water sector now: £56 billion. That will continue, but we must be able to fine those companies that breach the rules, and that is what we are doing.

Climate Change

Lord Forsyth of Drumlean Excerpts
Tuesday 1st March 2022

(2 years, 2 months ago)

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Lord Benyon Portrait Lord Benyon (Con)
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The noble Baroness is entirely right in her assessment. The Dasgupta review and other work has indicated the impact that global warming will have on our ecosystems and economy. The CCC has identified eight priority areas for urgent attention and considered 61 UK-wide climate risks and opportunities cutting across multiple sectors. We are looking at every risk and tackling those eight priorities, four of which come directly under Defra and all of which are cross-government.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, does my noble friend not recognise that, since the climate change conference, one of the risks that we need to be concerned about is security of supply for the energy that we need to keep people warm and keep our economy operating? Does he not think that this might be the moment when we should refresh our ideas on whether we allow fracking and the exploration of gas in our own resources so that we can maintain that security of supply?

Lord Benyon Portrait Lord Benyon (Con)
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The greatest stability in an unstable world is for us to decarbonise our economy as much as we can and become less reliant on other countries, or indeed on hydrocarbons, for our future. The Government’s strategy thus far has been absolutely right, and we will continue to make sure that our economy is resilient to the kind of global instability that we are experiencing at the moment.

Hunting Trophies

Lord Forsyth of Drumlean Excerpts
Tuesday 22nd February 2022

(2 years, 2 months ago)

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Lord Benyon Portrait Lord Benyon (Con)
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I have read some of the speculation in the press, but this is not something that has come to me in my department as part of these discussions. We will see in the near future whether the noble Baroness is right or wrong when this legislation is published and pre-legislative discussions have taken place.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, does my noble friend agree that, if people do not like the process by which foie gras is made, the option is not to buy and not to eat it and we do not need the Government to ban it?

Lord Benyon Portrait Lord Benyon (Con)
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The Government are bringing in a range of animal welfare measures. We have a proud tradition in this country across parties of having concern for animal welfare. There is a long list of measures that the Government can take, have taken and will take. When the animals abroad Bill is published, everything in it has to be seen in relation to a much wider determination to protect animal welfare.

Fishing: France

Lord Forsyth of Drumlean Excerpts
Monday 1st November 2021

(2 years, 6 months ago)

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Lord Benyon Portrait Lord Benyon (Con)
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On the vessel that has been seized, I cannot give the noble Baroness that assurance at the moment, but I can promise that we are working closely to find out some rather complex details that lie behind it. I can assure her that we are talking regularly across government and directly with the Commission. Madame Girardin, who is the French Minister, has the number of my ministerial colleague, Victoria Prentis, on speed dial. We will continue to talk to the Commission, which is the responsible body, to resolve this.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, will my noble friend join me and the right reverend Prelate the Bishop of St Albans in congratulating the Prime Minister on his robust stance in the interests of British fishermen? As for those in this House who seem to think that the fault lies on our side, might he reflect on the remarks by the French Prime Minister that somehow Brussels should punish us for following the democratic wishes of the British people? Will he urge the European Union to stand up for democracy and against this kind of blackmail?

Lord Benyon Portrait Lord Benyon (Con)
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The Commission has a duty to abide by the trade and co-operation agreement and discussions are now taking place on that. I hope that all sides of the House have been disappointed by some of the rhetoric that has been coming our way. I am pleased that the Prime Minister had a thorough and open conversation with President Macron in Rome, and those conversations will no doubt continue in Glasgow.

Animal Welfare (Sentience) Bill [HL]

Lord Forsyth of Drumlean Excerpts
Moved by
2: Clause 1, page 1, line 4, at end insert—
“(1A) The Committee is to subsume the Animal Welfare Committee of the Department for Environment, Food and Rural Affairs.”
Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, I first apologise for not being here for the earlier debate because I had to chair the Economic Affairs Committee. I thank my noble friend Lord Hamilton for moving my Amendment 1. I did not hear a lot of the arguments but judging by the length of time taken, I suspect that many of the things that I might say would repeat earlier points. I shall try to focus specifically on the two amendments in this group in my name, Amendments 2 and 11.

Amendment 2 is just a probing amendment. I have been operating under the illusion that the Government were absolutely committed to reducing the number of quangos, the amount of bureaucracy and cost to the taxpayer. We have a perfectly good Animal Welfare Committee and it seemed to me that this issue could be covered by it. The amendment suggests that instead of two separate committees, there should be only one, which would be able to carry out the function described in the Bill.

I appreciate that the Animal Welfare Committee has a specific function and reports to a specific department. However, one of the things that worries me about the Bill and the creation of the new committee is that it does not seem to be the responsibility of any one department and will be able to look at every aspect of every government department’s policy. I therefore imagine that the committee will require a large number of people supporting it, given the volume of information that would be required. It is also not clear what happens if there is a conflict between the Animal Welfare Committee and the new committee established by the Bill.

The amendment is therefore just a probing amendment to give my noble friend the Minister an opportunity to explain how this will work, how the relationship between the two committees would operate and what the expenditure and other consequences would be. Will the new committee have a separate secretariat and support or will there be support common between both committees? Which Minister will be responsible for the new committee?

On Amendment 11, I suspect that the issue may have been touched on in the earlier debate, given the many amendments that have been published. I have to say to my noble friend the Minister that he has done something quite remarkable. He has managed to unite the people who would like the Bill doing less with those who would like it to do more, because it does not set out clearly the functions of the new committee, its composition, budget and the terms of reference. I am an extinct volcano who left government in 1997. However, in my day, if one had come to the L Committee with a Bill like this, it would not have got past the front door because it would have been required to set out in specific terms the resources required by the new committee, its composition, its budget, its terms of reference and its responsibility to Ministers. The Bill does not do so.

This extraordinary Bill, for which as I say I do not blame my noble friend—I think he has just arrived and been handed this particular hospital pass—gives no information about this whatever. Hence Amendment 11 resorts to the rather unsatisfactory proposition, as I accept it is, that before the committee can be established, the Secretary of State has to obtain the approval of each House of Parliament.

I have a helpful suggestion to make to my noble friend—although I had rather expected him to do this now and that, having participated in the Second Reading debate and heard the arguments that were put there, he would have a string of government amendments that addressed the questions put at Second Reading. However, those amendments are not there. The purpose of Amendment 11 is to give my noble friend an opportunity to give us an assurance that he will come back with amendments that will make clear the composition of the committee—the budget, terms of reference, and so on—as government amendments, rather than leaving this Bill as it is. It is a bit like buying a jigsaw with 1,000 pieces and opening up the box to find that 995 of them are in the Minister’s pockets. It really is necessary for him to put these pieces back into the Bill, which is what the two amendments seek to do—to have some clarity about what the committee will do, how it relates to the Animal Welfare Committee, which Minister is responsible for it, what its terms of reference are and what its composition is.

I guess that in the last debate, the Minister gave all kinds of assurances—and I heard my noble friend Lord Caithness ask why we should not put it in the Bill. That is what these two amendments are pressing my noble friend the Minister to do. I beg to move.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP) [V]
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It is a pleasure to follow the noble Lord, Lord Forsyth. I usually disagree very strongly with almost everything he says. However, something he said rang a bell with me, which was that the drafting of Bills is so much worse now than when he was a Minister. I totally agree that we are getting some very poorly drafted Bills, and perhaps he could give some advice to the Government on how to improve that situation.

In the earlier group, the Minister said that he felt as if he was navigating between Scylla and Charybdis. I am on the side of Scylla, the safest option, so perhaps he will hear all my comments with that in mind. I have tabled nine amendments to the Bill to ensure that the animal sentience committee will be a properly functioning entity that can support a meaningful improvement in recognising the sentience of animals, and what that should mean for government policy. I owe a particular debt of gratitude to the noble Baroness, Lady Fookes, who has signed all nine of my amendments. She is well known for her love of animals, and I therefore see her support as an indication that I am doing something right on behalf of animals.

My first amendment, Amendment 6, starts the process of improving the committee by explicitly stating its purpose. It seems a basic drafting failure that the purpose of the committee is not laid out. It seems rather strange to have it absent from the Bill, so here I am suggesting an option. To be honest, if somebody wanted a public body to achieve a purpose, I think that they would specify that purpose in the enabling legislation.

Amendment 62 inserts a schedule for the operating of the committee. There is a lot of overlap between this schedule and amendments tabled by other noble Lords. Having a schedule seems like a tidy way to bundle all the important things together. I am sure that we can work together to make sure that we come up with something better and more agreeable by Report. I am happy to work with others to develop joint amendments that can carry this whole idea forward.

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Lord Russell of Liverpool Portrait The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
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We will make one more attempt to call the noble Baroness, Lady Deech. No, it is not working. I call the mover of the amendment, the noble Lord, Lord Forsyth of Drumlean.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, I am very grateful to my noble friend Lady Fookes, although slightly surprised that she was surprised that I would be surprised that she was agreeing with me. We agree on many things, and I share her concern for animal welfare. I was reflecting that the fact that the Bill excludes people means that the Minister will not be covered by it. I am beginning to feel that this Committee is a bit of a cruel and unusual practice for a new Minister. I am not absolutely convinced that he would be reading out his departmental briefs if he had known what was going to happen during the course of this afternoon. My advice to him is to take on board the pretty much unanimous desire in this Committee—there are people coming from every direction—to see a little more meat on the bones of this legislation.

I am grateful to find myself in agreement with the noble Baroness, Lady Hayman, on the second amendment, about the composition of the committee. I was slightly surprised—I think he let the cat out of the bag—when my noble friend the Minister said that if the committee members did not perform, they would be replaced. I thought he was arguing that this would be an independent committee. Is it independent or not? It is certainly not independent if members are going to be replaced by Ministers. In his case, I would be very happy for him to replace people, but this piece of legislation will apply to all Ministers and all future Governments. He is here today but, while I hope he will not be gone tomorrow, Ministers come and go and policies change.

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Moved by
4: Clause 1, page 1, line 5, leave out subsections (2) and (3) and insert—
“(2) The regulations must set out—(a) details of how the Animal Sentience Committee is to be composed, and(b) its terms of reference.(3) Regulations under this section must be made by statutory instrument. (4) Regulations under this section may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, each House of Parliament.”
Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, tempted as I am to make all the same arguments about why we need details of how the committee is to be composed and its terms of reference, and the regulations under this clause having to be made by statutory instrument, we have probably done these arguments to death. I hope my noble friend will take them on board.

I am conscious of the hour—it is 5.50 pm—and I thought it was pretty optimistic that the Government thought they could conclude this Committee today. I am always happy to help the Government and assist the Whips in their efforts, so I do not propose to add anything further to what I have said in support of the principles contained in Amendment 4. I beg to move.

Lord Moylan Portrait Lord Moylan (Con)
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My Lords, there are two amendments in this group with my name on them. The first is Amendment 8, which is also supported by the noble Earl, Lord Caithness, and the noble Lord, Lord Hamilton of Epsom, and which goes to the question of the composition of the committee. I have some sympathy with what my noble friend Lord Forsyth just said, but I would like to develop a slightly different point on the basis of this. One can say that there is almost universal agreement across the Committee that this topic should be addressed in the Bill. The question would be what it should say, if there were questions of difference. However, I do not think there is support on the Committee for the idea that the Government should simply have a clear run and be able to make it all up when it suited them.

The proposal here is that at least 50% of the members of the committee should have recent commercial experience of animal husbandry, livestock farming, the management of abattoirs and the management of game and fishing stocks. It may be thought that this is a sort of ignoble attempt to stack the committee in one direction rather than another, but it is not at all. I want to make a rather different point.

We will have an opportunity in the penultimate grouping, whenever we get to it, to discuss the science and indeed the metaphysics of sentience. However, I want to make this point now, anticipating that. One can approach sentience as a neurological phenomenon: that is, the central nervous system of the animal, the brain and the other features work together to create something which can be tracked by way of the movements of electrical signals, changing chemical compositions and things like that. All that can be tracked to some extent by science. However, it is also the case that sentience as we talk about it is a lived experience; it is the experience of pain and the undergoing of suffering. We as humans, ourselves undergoing pain and knowing that suffering, can sympathise with it when we see it in animals, vertebrates and mammals—different classes of animal.

For us to understand and for a committee to benefit from a real understanding of sentience, it is terribly important that people who have a direct experience of working with the animals that are in the scope of the Bill should be fully represented on the committee. Otherwise, we risk the possibility that it simply ends up as a sort of neurological exercise, and the direct and lived experience of sentience is ignored by the committee as it is packed with all these scientists. That was the point I wanted to make about that. It is not a question of stacking the committee but of trying to understand what sentience is and how we translate it into policy.

While the Minister wants to move away from this topic, and I understand that, he must realise by now that, given the almost total absence of any definition of what the committee is doing or any constraint on its activities, the question of who is sitting on it is about 90% of the meat of the Bill. Therefore, it is not possible for him to carry on brushing this away.

My second amendment, Amendment 9, concerns the term limit. Again, there seems to be almost universal acceptance that the Bill should impose some term limits on the membership of the committee, and there seems to be a sort of consensus that three years is a good idea for a term. If there is a matter of difference, it is simply on the question of whether it should be non-renewable, which is what my amendment says, or whether it should be perhaps renewable for one single further term, as the noble Baroness, Lady Bakewell, said. I am sure that some consensus on that point can be achieved by the Committee, even if the Government themselves do not want to do so. That was simply the second point; it is a sensible amendment, and I hope that the Government respond to the widespread views on this topic in the Committee.

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Lord Benyon Portrait Lord Benyon (Con)
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My noble friend takes me down a rabbit hole. I do not think I can add to what I already said. The serious point is that we want people with real expertise and knowledge, and the committee must not be too big—so there is a challenge for me, if I am the Minister, or for the Secretary of State. We have to create something that delivers a real understanding of the wide range of issues it will look at, from fishing practices on the high seas through to—as he states—abattoirs and other areas.

I have received inspiration, which I will share with my noble friend. As I have said, appointments will be decided in accordance with the code on public appointments. Applicants would, in line with best practice, be required to declare any potential conflicts of interest to the recruitment panel. It would then be for the panel to determine whether an applicant would proceed. Members of the committee will declare any relevant interests, and the committee will make a list of these interests publicly available.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, I very much agree with what the noble Baroness, Lady Hayman, said about the need for experience across the board. I was hugely impressed by the speech by the noble Lord, Lord Carrington. His emphasis was on agricultural issues, but the noble Baroness, Lady Hayman, made a really important point: this committee can look at any aspect of government policy. On my reading of the Bill, government departments are meant to share with this committee any new policies they are thinking of applying that could have an impact on sentient animal welfare. That is a huge, enormous task. If you are to have a committee capable of looking at all these government departments and what they are up to, you will need people with expertise.

My noble friend suddenly found some inspiration. I do not think it was very good inspiration; he should send it back. I compare, to put it delicately, the Government’s record on public appointments and the security provided—I am thinking here of non-executive directors of government departments, for example—with the sort of strictures that the Treasury and the Bank of England quite rightly put on me as chairman of a bank in deciding on the composition of a board. We were required to show what levels of expertise were met, to recruit accordingly and to have an arm’s-length process, all of which is appropriate. If it is good enough for financial services and regulated businesses, why should it not be good enough for government, government bodies and, in this case, a statutory body?

When my noble friend says he has a good idea in his head of what the Committee is thinking—his head is much better than mine—but is not going to share it with us because it might cause difficulties, he is really saying: “I would really like this legislation on the statute book, so that I can do what I like and it will be too late for all of you to complain.” That is another way of putting it, perhaps rather brutally.

I am just thinking of Michael Gove, who at one stage during the Brexit campaign said he had had enough of experts. I was quite sympathetic to that, but in this case I think we want experts and people who are independent. We need to know who these people are and how on earth this committee, with its very broad remit, will carry out its functions.

Of course I will withdraw my amendment, but I am not persuaded by my noble friend. I hope whoever provided him with his inspiration has listened to this debate, in Committee, and will go back to the drawing back and consider how this committee will meet its enormous role.

Just on that little bit of last-minute inspiration that reached him, it was suggested that the committee would look for conflicts of interest. Actually, you want people on there who have conflicts of interest, because that means experience and expertise. If we exclude people who have conflicts of interest, we might not have somebody who, for example, knows about slaughterhouse, because they may have some interest. It is not clear to me how this committee will be composed or who, in their right mind, would take on its chairmanship of such a committee, with such a broad brief and ill-defined role. I beg leave to withdraw my amendment.

Amendment 4 withdrawn.
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Lord Russell of Liverpool Portrait The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
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I have received two requests to speak after the Minister, from the noble Lord, Lord Forsyth, and the noble Baroness, Lady Jones. I call the noble Lord, Lord Forsyth.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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My Lords, I was just reflecting as I listened to the Minister. He said how important it was to have expert advice. I thought the whole raison d’être of this House was that it provided expert advice on legislation to government. Therefore, my question to the Minister is, having sat through nearly five hours of people questioning the efficacy of Clause 1 and giving him advice to come back with some further thoughts on the composition of the committee, and having heard all of that, will he undertake to bring government amendments back on Report to deal with the issues of composition which have been raised? I have to say to him: if he does not do that, there is no way—we are not able to vote that Clause 1 stand part—but there is no way that I would support it as it stands because it is an empty shell. Without repeating all the arguments that have been put by the Committee, it will lead the Government into great difficulties.

I listened very carefully to what he said. Does he really believe that it is necessary to have a statutory committee to achieve his declared purpose? I heard what he read out, but, putting it unkindly, what he was saying was: we are using legislation as a sort of poster board on which to say how much we care about animal sentience. It is perfectly within his powers as a Minister to set up a committee and give an undertaking that the committee’s reports will be debated within three months in Parliament. It would be great if Ministers did that for existing Select Committees of this House. I have one outstanding for nearly two years for the Economic Affairs Committee.

It feels as if this is just a bit of window dressing, a bit of virtue-signalling, which is actually going to create great problems for the Government. My question is: will the Minister now give us an undertaking that he will come back with amendments to Clause 1 which give it some substance, given the very strong views which have been expressed by everyone? Without exception everyone has said that this clause is inadequate because it does not define the composition of the committee.

The Minister said, quite rightly, that he needs flexibility, but when I was Secretary of State for Scotland, I had to make a huge number of appointments to committees. The legislation often provided, in more general terms, the composition of the committee. It might say that you must have somebody with technical expertise in this area or that, and that the balance of the committee should be X, Y and Z. The people giving him advice in his department are perfectly capable of coming up with a form of wording that would meet the requirements expressed today by the Committee and allow for flexibility.

As to the point about what would happen if someone left the committee after three years, again, in the commercial world, people are expected to do succession planning and look at the composition of the committees. One would expect Ministers to do the same. So, can we have an undertaking that the Minister will bring forward amendments on Report to save us the trouble of having to do so and having yet another extended period of debate? I do not think the clause as it stands will wash.

Lord Benyon Portrait Lord Benyon (Con)
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It would be the height of arrogance to say that I was just going to walk into this Committee Room, sit here and leave without taking note of what noble Lords have said. We will be studying Hansard very closely on what has been discussed today and we will reflect on trying to make this Bill more workable for all sides of the House.

I recognise that creating legislation is always a complicated process and nothing, not even a small Bill like this, is devoid of differing views and perspectives. My noble friend has expressed one forcefully today. I think he would much prefer to be spending this afternoon doing something else and not having to worry about this piece of legislation. Others absolutely, vehemently want this piece of legislation to get on the statute book, so, sailing my route between Scylla and Charybdis, I can certainly guarantee that I will reflect on what he and other noble Lords have said. I hope that we can bring something forward at the next stage which will satisfy—not everybody—but some.

The noble Lord’s point about succession is absolutely right: in the corporate world, you manage the succession of your boards, think ahead and make sure that gaps are filled. I have done that for 40 years, but it does not always work: you get gaps, and you have to have the flexibility in order to continue with the work of the committee effectively as and when they occur. However, I totally take his point, which he is right to make.