Trade Policy: Environmental Aspects

Lord Gardiner of Kimble Excerpts

Thursday 23rd January 2020 Lords Chamber

[Baroness Quin]

To ask Her Majesty’s Government what discussions they have held with representatives of environmental organisations about the environmental aspects of government trade policy.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, the Government have met regularly with a range of environmental organisations throughout the development of trade policy via advisory groups, ministerial round tables and individual meetings with industry bodies, regulators and think tanks. More trade should not come at the expense of the environment. Instead, trade policy can support clean growth and environmental innovation. We remain firmly committed to upholding our high environmental standards and will continue to talk to environmental groups throughout trade negotiations.

[Baroness Quin (Lab)]

My Lords, I thank the Minister for that reply, but the Government’s recent pronouncements, particularly by the Chancellor of the Exchequer, seem to move away from trade with Europe towards trade with countries much further away geographically. As far as trade in goods is concerned, that is bound to mean more air miles and more fuel-consuming, polluting ocean voyages. Does the Minister not agree that it makes environmental sense to trade more with our nearest neighbours in the future and not less? What environmental assessment of this have the Government made and will he share it with Parliament?

[Lord Gardiner of Kimble]

My Lords, I will have to write to the noble Baroness about any assessment. But I can say—this is really important—that we in this country believe that we have enormous potential for low-carbon exports of goods and services, which we have estimated to be between £60 billion and £170 billion by 2030. As I said in my earlier Answer, we can have more trade, but it needs to be through the prism of a low-carbon, circular economy. That is what we seek to do. Yes, we want a substantial and positive free-trade negotiation with our friends and partners in the EU, but we also think that, given the dynamic of our economy and that our low-carbon economy is increasing, there is merit in having trade negotiations in parallel with other parts of the world. We should see that as positive for the environment.

[Lord Tyler (LD)]

My Lords, as the Minister will know, this weekend a pioneering citizens’ assembly will start work, supported by six Select Committees. What steps will be taken to ensure that its work in examining the measures necessary to achieve net zero-carbon emissions will be properly monitored by the Government, particularly by those Ministers responsible for the very important forthcoming trade negotiations?

[Lord Gardiner of Kimble]

Clearly Defra, BEIS and the Department for International Trade have very strong collaborative working. It is absolutely essential that we recognise the climate emergency and the need to enhance the environment. The environment Bill, which will eventually come to your Lordships’ House, will propose the establishment of the office for environmental protection; this will be an independent means of holding public authorities in this country to account to ensure that binding targets and so forth are adhered to. We should be very positive about what we are seeking to do in this country—we are one of the highest-ranking countries for both environmental and climate change performance.

[Lord Krebs (CB)]

My Lords, it was reported in the papers two or three weeks ago that the European Union is considering a proposal to impose tariffs or restrictions on trade with countries that do not meet their Paris INDCs. Does the Minister think that, particularly ahead of the COP 26 in Glasgow this year, the UK, as part of its contributions to the global reduction of greenhouse gas emissions, might consider a similar measure in thinking of new trade relationships?

[Lord Gardiner of Kimble]

My Lords, this is an area that we obviously all need to consider globally. It is interesting that our country is ranked seventh out of 61 countries on the climate change performance index, in comparison with the EU 28, which is ranked 22nd. We should be very clear about our direction of travel. We reduced emissions by 40% between 1990 and 2018, yet the economy has grown by 75% in that period.

[Lord Howell of Guildford (Con)]

My Lords, I understand the concern but, when it comes to the influence of energy and climate on trade, has not the European Union energy market and energy policy so far led, regrettably, to more coal-burning and an increase in the use of Russian gas? Are those the kind of levels that we want to stay down at? Surely not.

[Lord Gardiner of Kimble]

My noble friend has probably given part of the reason why we are at our current position and the EU 28 is 22nd. It is because we are one of the most successful low-carbon economies —in fact, we are the most successful in the G7. That is the direction of travel which I think will see our country become ever more prosperous.

[Baroness Whitaker (Lab)]

My Lords, following on from the question of the noble Lord, Lord Krebs, what conditions relating to the low-carbon economy will Her Majesty’s Government impose in any trade deal with the United States of America?

[Lord Gardiner of Kimble]

We will obviously want to retain all our environmental standards—our food safety and other standards—both in our own production and in that coming via imports, because we want to be one of the world-leading countries with a successful green economy. Clearly, we will not compromise on those standards in our trade negotiations.

[Lord Teverson (LD)]

My Lords, the Minister will be very aware of biosecurity—I welcome his work in this area—the absence of which could be one of the greatest threats to our environment and our future biodiversity. One area of concern is ballast water for ships on international trade. In 2017, the International Maritime Organization greatly tightened up the regulations governing ballast water, yet I understand that the Department for Transport has not put any resource into implementing that decision. Will the Minister have a word with his DfT colleagues and make sure that this happens?

[Lord Gardiner of Kimble]

The noble Lord hits on an important part of what we need to do. We are working on this; I have already had discussions with the Department for Transport, and I will continue to do so. We are very clear about the importance of this issue. One of the chief areas I am concerned about is invasive species, which is one of the key five environmental problems. What the noble Lord has said is extremely helpful.

[Baroness Jones of Whitchurch (Lab)]

My Lords, the Government have said repeatedly that they do not intend to water down the UK’s high environmental, welfare and food safety standards. It is a mantra that we all understand but, of course, the President of the United States and others have different views on all this. We need more certainty. Can the Minister clarify which Bill will be used specifically to confirm that commitment, and what is the timetable for putting it on the statute book? We need that certainty.

[Lord Gardiner of Kimble]

My Lords, as has been said, the Trade Bill is coming back before Parliament in this Session; that will be the opportunity for Parliament to give due consideration to this issue. It is important, as I have said and will continue to say, and your Lordships will perhaps not have to wait long to see the bona fides of what we have been saying: we have a good reputation and we want to enhance it. That is what is really important and in the national interest. We can be ever more prosperous by being a leading beacon for a low-carbon economy.

[Lord West of Spithead (Lab)]

My Lords, can the Minister tell us when we will provide shore power for merchant ships and ferries which are involved in trade with our nation? This would have huge environmental benefits for us, rather than leaving them running their diesel generators when alongside.

[Lord Gardiner of Kimble]

On transport statistics, again, this is an area where we all need to change the way we do things. We need to concentrate on ensuring that there is greater infrastructure, research and innovation. I will take this point back, because the maritime industry, and perhaps even the Royal Navy, will need to consider how to work together to ensure we get our net zero.

Office for Environmental Protection

Lord Gardiner of Kimble Excerpts

Monday 20th January 2020 Lords Chamber

[Lord Teverson]

To ask Her Majesty’s Government when the Office for Environmental Protection will become (1) operational, and (2) take on its full statutory powers and responsibilities.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, we plan for the OEP to be operational from 1 January 2021, at which point it will begin to perform its full statutory powers and responsibilities. It will therefore be operational from the day that the UK leaves the oversight of the EU institutions, at the end of the implementation period. The OEP will be ready to receive complaints from day one.

[Lord Teverson (LD)]

My Lords, I thank the Minister, and welcome that announcement and that reassurance. The Minister will also be aware that Defra, where this body probably will lie, keeps very close to its executive agencies and its non-departmental public bodies. In fact, it calls them “the Defra family.” How will he ensure that, if it is part of that family, the office will remain entirely independent and fearless in carrying out its statutory duties?

[Lord Gardiner of Kimble]

The noble Lord is right: independence is key. The environment Bill will state that the OEP will be operational independent of Defra. Ministers will not be able to set its programme of activity or influence its decision-making. It will be accountable to Parliament through a sponsoring Minister. We intend the chair to be subject to a pre-appointment scrutiny hearing. Ministerial appointments will be regulated by the Commissioner for Public Appointments. It is important that the OEP is independent. It will be.

[Baroness McIntosh of Pickering (Con)]

My Lords, will the situation be one of legal limbo until 31 December this year? Currently, the European Court of Justice has the right to take legal action against any company that infringes environmental law. What will the legal position be until 1 January 2021?

[Lord Gardiner of Kimble]

My Lords, until the end of the implementation period, we will clearly be subject to the oversight of the EU institutions. The point is that there will be no governance gap and the OEP will be ready to act from 1 January 2021.

[Baroness Whitaker (Lab)]

My Lords, what powers will the new organisation have to combat climate change where feasible and to improve adaptation where it can? How many staff will it have to do that?

[Lord Gardiner of Kimble]

My Lords, at this stage we think that between 60 and 120 people will run the OEP. What the noble Baroness says is important. Clearly, we have the Committee on Climate Change. We expect the OEP and the CCC to build on statutory requirements to develop a strong working relationship, which will be formalised through a memorandum of understanding once the OEP is operational. We expect the majority of legislation concerning climate change mitigation to fall within the OEP’s remit.

[Lord Randall of Uxbridge (Con)]

My Lords, can my noble friend the Minister confirm that decisions made by the Office for Environmental Protection will capture all public bodies?

[Lord Gardiner of Kimble]

Yes. The intention is very much for this to go beyond what we had with the EU’s oversight. This will be with our domestic legal arrangements. This will concern public authorities, be they arm’s-length bodies or local authorities. The important point about our domestic system is that we will be able to locate and rectify and that, through its enforcement options, it will be able to rectify what needs to be rectified.

[Baroness Jones of Whitchurch (Lab)]

My Lords, on that issue, does the Minister agree with the Natural Capital Committee’s recent report, which went one step further? It recommended that Office for Environmental Protection’s remit should also cover the private sector and private landowners. Does the Minister have any views on that?

[Lord Gardiner of Kimble]

My Lords, I must say that the OEP is predicated on the responsibility of public authorities. Clearly, if, for instance, a water company or a private individual contravened a law, it would be for one of those public bodies to take action, be it the Environment Agency or whatever. The key point about this legislation is that it concerns the oversight of the Environment Agency or government or a local authority. There are already mechanisms in law where someone transgressing environmental law can be taken to task; this is about enshrining that local authorities can also be.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is good if the OEP is independent—that is a crucial factor—but what about it having teeth? Will it have real strength when it decides against a public body?

[Lord Gardiner of Kimble]

The intention of the enforcement options is clear: to get the transgression rectified. The OEP will have the ability to issue an information notice; if that is not resolved, it can issue a decision notice. If failure is still unresolved, the OEP may seek a legal challenge through an environmental review in the Upper Tribunal. There are all sorts of mechanisms by which the OEP’s intention and remit is to rectify whatever is contrary to environmental law.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, in an earlier answer, the Minister said—if I heard him right—that the OEP staff would be somewhere between 60 and 120 people. That is a very large margin. Since capacity will be critical to the OEP’s ability to fulfil its duties—indeed, to it having the teeth referred to by the noble Baroness, Lady Jones of Moulsecoomb—can he say how the numbers are to be determined and why that margin is quite so wide?

[Lord Gardiner of Kimble]

Yes, I asked rather the same question of officials, if I may say so. The OEP must lay its annual statement of accounts before Parliament, including an assessment of whether it has been provided with sufficient funds to carry out its functions. Clearly, we want to get the OEP set up and we need to establish a board and a chair before it becomes operational. We will have to see. As I say, I used the figure of 60 to 120 people. It may be 100. We are not setting a distinct figure. What we want is for the job to be done properly.

[Lord Teverson]

My Lords, it is well known to the Minister that perhaps one of the greatest reasons for the Government taking notice of the Commission and its powers and beyond is that the Commission is able to fine Governments who do not comply as an ultimate sanction. Will the OEP have that power over the United Kingdom Government?

[Lord Gardiner of Kimble]

My Lords, the distinction is that under the EU arrangements the Commission may bring legal proceedings against a member state Government only. Under our domestic legal arrangements, we believe that fines would simply move money around the domestic public finance system. Indeed, fines may also shift resources away from their intended use in implementing measures to protect the environment. The key point is that if a public authority failed to comply with a court order, the OEP would be able to bring contempt of court proceedings, which could lead in turn to fines being imposed.

England Coast Path

Lord Gardiner of Kimble Excerpts

Thursday 16th January 2020 Lords Chamber

[Lord Greaves]

To ask Her Majesty’s Government when they expect to complete the England Coast Path and access around the coast of England.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, work is well under way on all 66 stretches of the path. By June, all Natural England’s route proposals will have been published. The original target was to open the path this year. The delay has been caused by a European court case which required Natural England to reassess the impact of its proposals. I expect the whole path to be open, or to have establishment works under way, by the end of 2021.

[Lord Greaves (LD)]

My Lords, I am grateful for that Answer. The first sections of the path were under way in 2010, when the coalition Government took over. During that time various Conservative Ministers tried to stop it, but, thanks partly to Liberal Democrat pressure—

[Lord Greaves]

It is absolutely true—I was at the meetings. Thanks to that, the Deputy Prime Minister was able to announce in 2015 that the path would be open by 2020. Does the Minister agree that only about a third of the path has so far been opened? Is he certain that the whole path will be open by the end of 2021, and is that a firm commitment?

[Lord Gardiner of Kimble]

My Lords, just to be clear, the first stretch of the path opened in 2012. I am in dialogue with senior officials at Natural England because, obviously, we wanted it to be finished this year. The Government granted a further £25 million to advance completion from 2030 to 2020. We want to keep up the pressure. I have set out very clearly the reasons for this delay; there is about an 18-month delay because of the court case and its implications for nature conservation designations. I am as confident as I can be, subject to any planning matters, that we will complete this.

[Baroness Jones of Whitchurch (Lab)]

My Lords, this is a fantastic initiative, started by the Labour Government and due to be completed by this Government in 2020. Does the Minister share my dismay that the deadline is slipping, and can he confirm that, despite the severe cuts that Natural England has suffered, it still has the resources to drive this project through to completion and deal with the outstanding legal cases it is now having to face?

[Lord Gardiner of Kimble]

Clearly, I am disappointed that we have not been able to complete it, but the truth is that there was nothing we could do about the People Over Wind case in Europe. It was legally court-required of Natural England to reassess those areas of the path that have European conservation designations. Nothing could be done about that. I am confident, having spoken to the chief executive and working with her officials, that everything is being done. The £25 million is there for them; they have spent about £22 million already and are within budget.

[Lord Kirkhope of Harrogate (Con)]

My Lords, while I welcome this Government’s approach to the coastal paths and the progress we have made, would my noble friend not agree that coastal erosion in a number of parts of the country, particularly on the east coast, is denying us some of the opportunities we have to complete the paths? What is his comment on coastal erosion generally?

--- Later in debate ---

[Lord Gardiner of Kimble]

This is precisely part of the work because 85% of the coast is already accessible. The point about the coastal path is to have a rollback, absolutely in response to coastal erosion. That is why a key part of the work of Natural England is to accommodate coastal erosion.

[Baroness Whitaker (Lab)]

My Lords, I am president of the Newhaven coastal communities team. Can the Minister say how the Brighton to Newhaven path is coming along?

[Lord Gardiner of Kimble]

I may have to write to the noble Baroness on that precise stretch. I have not walked it yet; I have walked some of them. There are certainly advantages in terms of physical well-being and for local economies. I hope that farmers in rural areas will find this a useful part of diversification. There is a lot to be said for walking, which is why the new national trail pledged in the Conservative manifesto—the Coast to Coast trail in the north—is a very good part of that project.

[Lord Blencathra (Con)]

My Lords, as the deputy chair of Natural England, I support what my noble friend said. The money for this is ring-fenced. We were delayed slightly for 18 months because of the court case—that is the only reason why the path has not been completed according to the regional schedule—but we are on schedule to complete it properly and we look forward to more stretches being opened this year.

[Lord Gardiner of Kimble]

I am most grateful for my noble friend’s confirmation from Natural England. I want to confirm the enthusiasm within Natural England to secure this path and all that it represents: 2,711 miles.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, the Minister correctly mentioned the effect of the path on economic development. What effect have the Government found it has on remote rural areas, not just on farmers but all the local economy?

[Lord Gardiner of Kimble]

My Lords, the figures I have for 2017-18 state that £350 million is spent in local coastal economies; that is with what we have already. It is estimated that it directly supports 5,900 full-time equivalent jobs in local coastal economies.

[Lord Tebbit (Con)]

My Lords, can my noble friend confirm that this is a footpath and that, therefore, these pernicious and dreadful scooters, trolleys and other things—other than wheelchairs for disabled persons—will be kept off it?

[Lord Gardiner of Kimble]

I can confirm that it is a footpath. However, having walked some of the stretch at Great Yarmouth, I know that parts of it absolutely are designed to enable disabled people to enjoy the wonders of the coastline.

[Lord Greaves]

My Lords, will the Minister join me in hoping that it is finished in sufficient time so that people with deteriorating joints, such as myself, can still walk the whole path?

--- Later in debate ---

[Lord Gardiner of Kimble]

I very much look forward to the noble Lord, who I know will be walking for many years to come, doing so. It is not my hope that this is finished; it is my intention. That is what Natural England is working on. The only thing that could hold this up would be objections to any parts of the remaining route being rightly raised through the Planning Inspectorate; they would therefore have to go through the planning process.

Farming

Lord Gardiner of Kimble Excerpts

Wednesday 8th January 2020 Lords Chamber

[Baroness McIntosh of Pickering]

To ask Her Majesty’s Government what plans they have for the future of (1) upland farms, and (2) tenant farmers.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, I declare my farming interests as set out in the register. Upland and tenant farmers are key to a vibrant agricultural sector and rural communities. In the tenant farming sector, we have consulted on proposals to support productivity improvements and facilitate structural change. We will publish a response to the consultation soon. Food production and environmental enhancement are central to our plans and go hand in hand. We are working with farmers in all sectors and locations to co-design environmental land management schemes.

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend agree that tenant farmers and upland farms are the backbone of the farming community? Will he ensure that they have a vibrant future? In particular, will he guarantee today that the agriculture Bill will bring forward proposals for tenancy reform, and that tenant farmers who currently benefit from countryside stewardship schemes will have the opportunity to access funds under the ELMS and other new moneys coming after the agricultural funds from the European Union cease?

[Lord Gardiner of Kimble]

My Lords, 33% of all farms in England are of mixed tenure—owning and renting land—which emphasises why this is important. It is why we have consulted on tenancy reform and are working on improving the situation. These matters are under active consideration. On the benefits of the environmental land management scheme, we are working with all sectors—owning, tenant and those who farm commons—because all this is part of the important work of enhancing the environment.

[Lord Wigley (PC)]

My Lords, will the Minister confirm that he is speaking as Agriculture Minister for England and that his comments are not necessarily applicable in the same way in Wales and Scotland, where agriculture is devolved? Will he ensure, however, that if extra resource becomes available in England, a Barnett consequential will come through for Wales and Scotland? Given the importance of the sheep industry in upland Wales, will he confirm that, if steps are taken by the Welsh Government to help the sheep industry, no action will be taken from London to try to stop them?

[Lord Gardiner of Kimble]

My Lords, I am well aware that upland farming and sheep production in Wales are extremely important. That is why our lamb exports to Japan, China and India are a way forward. As the noble Lord has said, it is clearly a devolved matter. Defra has strong and good relationships with the devolved Administrations, particularly that in Wales, and we want the agricultural sector in Wales to be successful, as we want it to be in the rest of the United Kingdom.

[Baroness Jones of Whitchurch (Lab)]

My Lords, the Minister will know that many hill farmers rely on farm subsidies to survive, so can he clarify whether the Government intend to maintain the £3.2 billion cash pot that was previously available for farm support to the end of the seven-year transitional period that is envisaged, even if the pot is distributed in a different way? Will that overall pot be maintained?

[Lord Gardiner of Kimble]

My Lords, I take the opportunity of the noble Baroness’s question to speak of a manifesto commitment. We will guarantee the current annual budget to farmers in every year of the Parliament. I am very pleased that in December last year the Chancellor confirmed nearly £3 billion of funding for 2020. By way of a simplified countryside stewardship scheme that is coming in and through the pilots of the environmental land management scheme, we want a scheme flexible enough to work across England and all sectors, so that we enhance the environment and that the public good already being done by many farmers is properly recognised.

[Lord Cameron of Dillington (CB)]

My Lords, has Defra commissioned research, along the lines of that carried out by the Welsh Government, as to what land, notably upland, is likely to become unfarmed after the extended single farm payment runs out? Has it calculated what is likely to happen to that land?

[Lord Gardiner of Kimble]

My Lords, environmental land management schemes will be available in the uplands, so that farmers can decide about food production, timber production and the public goods that will benefit. I do not see any problem at all about such parts of the country, with the right trees in the right places, being part of our work and the farming community’s work to ensure that we have greater tree cover. I do not see it in quite the way the noble Lord describes, with parts of the country being unfarmed: we will be farming for timber and food production and for the environment.

[Baroness Rock (Con)]

My Lords, I declare my interest as set out in the register. In its paper Moving Away from Direct Payments, Defra states:

“There is evidence that Direct Payments inflate farm rents, meaning some of the payment supports the income of the landowner, not the tenant farm.”


Does the Minister expect that the removal of the BPS will have the direct impact of lowering rents for tenant farmers?

[Lord Gardiner of Kimble]

My Lords, I have to say that I have not studied that particular element. I think our tenancy reforms will ensure flexibility and that, as with all these things, there is a reasonable return for the landowner. As I have said, a lot of land is farmed by a mixture of part-rented and part-owned. I see our tenancy reforms as giving more flexibility and options for tenants to have successful and productive businesses.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, while the £2.85 billion announced on 30 December is welcome and provides a degree of reassurance for all farmers, the majority of this money will be allocated at the end of 2020, with only £143 million for 2021. There is no certainty for the remaining period to 2023. On CAP Pillar 2, the Government press release states that:

“Remaining EU funding … will continue until the current EU funding is used up or 2023, whichever is earliest.”


If the price of feed and other costs increase as we leave the EU, this money will run out sooner rather than later. Does the Minister accept that natural inflation does not play a part in the Government’s plan for farmers or agriculture?

[Lord Gardiner of Kimble]

My Lords, as I said before, we have guaranteed in our manifesto the current annual budget for farmers in every year of this Parliament. Clearly, as we all know, farming costs go up and down. For example, in some years straw is up or down, or corn is up or down, and therefore you get different consequences in different parts of the farming industry. In our manifesto and throughout, we have set out that we support farming and that we want farmers to play a part in enhancing the environment. I emphasise that we recognise the importance of food production and food security, and this will be in our updated agriculture Bill to be introduced shortly.

Queen’s Speech

Lord Gardiner of Kimble Excerpts

Tuesday 7th January 2020 Lords Chamber

[Lord Lamont of Lerwick]

That an humble Address be presented to Her Majesty as follows:

“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament.”

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, it is a great privilege to open this debate on the humble Address. I am in no doubt as to the many valuable and insightful contributions from your Lordships, and that these will be addressed by my noble friend Lady Goldie with her usual panache and eloquence. We all look forward to the maiden speech of the noble Baroness, Lady Ritchie of Downpatrick. At this stage, I should declare my farming interests as set out in the register.

The general election has transformed the political landscape, and this Government will deliver the change that our country seeks, with vigour and ambition.

Our Diplomatic Service is the envy of the world. At this time of heightened tension in the Middle East, it is clear that we need diplomacy now more than ever. It is a timely reminder of why this Government have committed to expand our diplomatic network, enhance our relationships with our European neighbours and strengthen our global partnerships as the United Kingdom leaves the European Union.

As we move beyond the EU’s common structures for the first time in over four decades, we have the opportunity to reassess, reshape and refine our strategic approach. That is why we have announced an integrated security, defence and foreign policy review, to ensure that we focus our international efforts to make the most impact and secure the maximum benefit. Whatever the outcome of that review, our diplomatic networks will continue to play a vital role in building and sustaining the United Kingdom’s network of international relationships.

The rules-based international system remains the best framework for defining and upholding acceptable behaviour at a global scale. It is a system that this country helped to build and one that this Government are determined to defend and strengthen. To this end, we will play our part in bolstering the United Nations, NATO, our Five Eyes intelligence alliance, the G20, the G7, the World Trade Organization and the Commonwealth, as current chair-in-office and beyond. We are also committed to strengthening the UK’s role as a global force for good. We are proud to maintain our commitment to spend 0.7% of gross national income on international development.

We will continue to promote our values of democracy, equality, human rights and the rule of law as we tackle global challenges, including biodiversity loss and climate change, and make the world safer, healthier and more prosperous. We will defend these values robustly, including by protecting freedom of religion or belief and freedom of the media, and by developing a Magnitsky-style sanctions regime. This will prevent those responsible for gross human rights abuses living lavish lifestyles in the United Kingdom or siphoning their money through British banks and British businesses.

We are leading efforts to prevent sexual violence in conflict, including hosting an international conference that will focus on strengthening accountability and justice for survivors. We will continue to promote 12 years of quality education for all girls.

We are also leading the fight against malaria and the global response to the Ebola outbreak in the Democratic Republic of Congo. We are escalating efforts to end the preventable deaths of mothers, newborn babies and children in the developing world by 2030. We will boost our support for developing countries to ensure everyone has access to healthcare. We will invest more in vaccines and research, so that developing countries can benefit from the very best of British and international expertise.

This Government have renewed their commitment to spend at least 2% of our GDP on defence every year of this Parliament and to increase the defence budget by at least 0.5% above inflation every year. The UK has the highest defence expenditure in Europe and is the second-biggest financial contributor to NATO. The Government’s defence spending commitment will ensure that our Armed Forces can help keep the UK safe.

We must ensure that we support those brave men and women who serve or have served, as well as their families. That is why we have laid out the Government’s strong opposition to vexatious litigation and to our service personnel and veterans being subjected to repeated investigations and potential prosecution arising from historical military operations overseas. Veterans rightly expect the Government to pay the closest attention to this issue. We will bring forward comprehensive legislation to address this as soon as possible.

The Government will also further progress proposals to incorporate the Armed Forces covenant into law, to ensure that Armed Forces personnel are treated fairly and not disadvantaged in their day-to-day lives as a result of their military service. Our objective is to make the United Kingdom the best place in the world for veterans. The Strategy for our Veterans sets out an ambitious vision to achieve this by 2028, and the Office for Veterans’ Affairs will take forward the UK Government’s strategy action plan, which is due to be published early this year.

The first priority, as the Prime Minister has recently emphasised, will be to deliver Brexit on 31 January and to seize the opportunities it creates for the United Kingdom as a whole, both on a domestic and international stage. In the general election, the country re-elected the Government with the manifesto commitment to get Brexit done, and to take back control of our laws and money. The European Union (Withdrawal Agreement) Bill will implement in domestic law the withdrawal agreement agreed between the UK and the EU.

We will have this golden opportunity to set our own independent trade policy. Within three years, we aim to cover 80% of our trade with free trade agreements. This will start with the United States of America, Australia, New Zealand and Japan, all of which will be negotiated alongside a new trade deal with the EU. Our new free trade agreements will be tailored towards the needs of British firms and the British economy. They will give UK businesses enhanced opportunities to expand overseas, while giving consumers here more choice. We will also forge stronger links with the Commonwealth, which boasts some of the most dynamic economies. We will ensure that the agreements we negotiate are in the national interest of the UK. We will settle for nothing less.

Our export strategy will help increase exports as a percentage of GDP, and a new network of up to 10 free ports will help boost growth and create jobs across the whole of the United Kingdom.

We will ensure that the UK trade deals are not only free but fair, especially towards developing nations whose economies could be transformed by access to the UK’s markets and expertise. In doing so, we will do more to help countries receiving aid to become economically self-sufficient and to trade their way out of needing aid. In all our trade negotiations, we will not compromise on our high environmental protection, animal welfare and food standards.

By retaking our seat as an independent member of the WTO, we will support the WTO’s efforts to remove barriers to trade and maintain its role at the heart of the international trading order. We will introduce legislation to support a smooth transition as we leave the EU, providing continuity for businesses and consumers. A new independent trade remedies authority will give UK producers protection against unfair trade practices.

We are fully focused on retaining the UK’s position as the number one destination in Europe for foreign direct investment.

The Government are committed to unleashing the potential of the private sector for international development. Through hosting the UK-Africa Investment Summit on 20 January 2020 in London, we will bring together businesses, Governments and international institutions to deepen investment and business ties between the UK and Africa.

We will ensure that animals are recognised in domestic law as sentient beings, and that Ministers of the Crown have regard to the welfare of animals when formulating and implementing government policy. We will also increase sentences for those who perpetrate cruelty on animals.

Through the agriculture Bill, we will support UK farmers, who manage 70% of our land, to improve the environment while they produce more of the high-welfare, high-quality British food that is the backbone of our booming food and drinks sector. A new system of farm payments will reward farmers and land managers for their work delivering public goods.

The fisheries Bill will invigorate our vital coastal communities by taking back control of our waters so that we can manage our marine environments in a sustainable way.

This Government will tackle the two greatest environmental challenges facing the world: climate change and biodiversity loss. The UK has shown that we can grow our economy while reducing our emissions. We are committed to reaching net-zero emissions by 2050. We have decarbonised faster than any other G20 nation since 2000, we are a world leader in offshore wind and there are now nearly 400,000 jobs in low-carbon industries and their supply chains. We are doubling the UK’s investment for international climate finance to £11.6 billion over five years. We will help protect 1 billion people from the impact of extreme weather and deploy the new Ayrton Fund to develop affordable and accessible technology to help developing countries reduce emissions and meet climate-change targets.

By embedding environmental ambition at the heart of government policy-making at every level, we will help everyone to tackle the greatest environmental priorities of our time. We will include ambitious legislative measures in our newly strengthened environment Bill to improve air quality, nature recovery, waste and resource efficiency, water resource management in a changing climate, and establish a new, world-leading independent office for environmental protection.

As hosts of COP 26 in Glasgow this November, we will build new international partnerships to set ambitious targets for nature, climate and ocean, and to tackle deforestation and protect vital landscapes and wildlife corridors. I spent a little while over Christmas planting a few trees, though nowhere near as many as our commitment to plant 75,000 acres of new woodland per year across the UK by 2025. We will establish a new £500 million Blue Planet fund to help protect our oceans from plastic pollution, rising sea temperatures and overfishing.

The gracious Speech sets out a clear legislative programme with renewed spirit to prepare this great country for the future; to help us build a stronger, greener and more prosperous Britain and to put a strong United Kingdom front and centre in the world, with the talents and qualities the people of this country possess. I am in no doubt that your Lordships will seek considerable activity with the legislative programme, and I very much hope that that will be the case.

We of this generation face an enormous challenge. I do not deny that dealing with climate change will test us all, but we must all play our part and, as the Defra Minister, I am absolutely determined. Climate change straddles all departments in so many respects. Future generations will look at us and say: “What did you do?” For the future of this country, it is vital that we address these matters.

Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Monday 4th November 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the Regulations laid before the House on 7 October be approved.

Relevant document: 2nd Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 30 October.

[Lord Foulkes of Cumnock (Lab Co-op)]

I have a question for the Minister in relation to this, whether or not it came up in the Grand Committee. How will this be dealt with in the period now? We are dissolving tomorrow. Is this the final approval of it? How will it be affected by whether the proposals put forward by the various parties go ahead—if the Conservative Party were to win the election, if the Labour Party were to win, or if, as Ms Swinson keeps telling us, the Liberal Democrats were to win and we were to have an immediate revocation of Article 50? What would be the effect on these and the other, similar regulations?

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

If the noble Lord had joined us in the Moses Room, he would have understood that these regulations are to ensure that our statute book is up to date on leaving. The noble Baroness, Lady Jones of Whitchurch, was in the Moses Room. This instrument was to ensure that a number of changes coming from the EU are incorporated. Our purpose is to ensure that we have the most up-to-date statute book, and we are using the opportunity of every scenario. The noble Baroness and other Members of your Lordships’ House have been engaged in considering these statutory instruments precisely to ensure—in this case on common fisheries, but also on animals and transportation—that any changes that had taken place up to the current time from the EU, the Commission, were incorporated. That was the matter at hand.

[Lord Foulkes of Cumnock]

I apologise for not having been able to be there in October. I was looking after the interests of the Minister and other Members of this House at the meeting of the Council for Democratic Elections in Venice. As it happens, we were discussing very interesting things such as foreign interference in our elections—the kind of matter we were talking about in the PNQ earlier. I can tell noble Lords from that meeting in Venice that there is increasing concern about foreign—not just Russian, but particularly Russian —interference in our elections. That is why I was not here; we cannot be in two places at once.

I do not think the Minister has answered the question about how we are going to deal with a plethora of regulations—and there is a plethora; I am not sure what the latest figure is for how many hundreds of regulations we have considered—in the three different scenarios. I understand that the Government’s proposal is to leave the European Union one way or another—do or die, in a ditch, or whatever—by the end of January; I think that is the latest date. A Labour Government will look again at renegotiation and put it back to the people. If the Liberal Democrats were to win the election, Ms Swinson were to become Prime Minister and Article 50 were to be revoked, what happens to these regulations? How do we deal with them? What are the prospects for further consideration when we come back?

[Lord Gardiner of Kimble]

Speaking on behalf of Her Majesty’s Government, obviously I hope there will be the return of a Conservative Government, but the noble Lord is absolutely right that all sorts of different scenarios are possible. Our task with this statutory instrument was to have reassurance on our statute book and certainty that, whenever we left, the statute book was complete with everything that the European Commission and the Union had changed.

As much as I would enjoy having a discussion about would happen if the noble Lord’s party or the Liberal Democrats win the general election, all I can say is that we did a useful piece of work in the Moses Room to ensure that the correct statutory instruments were in place. The changes were all technical and on operability points, so there are no policy changes at all. It has the consent of the devolved Administrations. They are technical, but they went through all the required prisms.

Unless your Lordships wish it, I do not think there is a great deal of purpose in discussing the “might be” scenarios of what will come out of the general election. The truth is that none of us has a vote. It will be for the electorate to decide what they want in taking the matter forward. I am delighted that this statutory instrument has had this embellishment, because it is a very technical instrument, which we dealt with in the Moses Room. All I can say is that, yes, the result of the general election will have an impact on all these matters and legislation, and on the Queen’s Speech for the new Parliament.

This afternoon, I cannot gaze into a crystal ball to help the noble Lord. All I know is that, if there is a return of the Conservative Government, we have a deal and we will put it to Parliament. All the legislation discussed earlier will come forward, so we will have proper oversight. Most importantly, the discussions that we had on, I have to say, probably over 180 statutory instruments in the Defra family, were precisely so that we had certainty about keeping up with up-to-date changes from the EU—and yes, we made one or two amendments because of typographical errors and so on, which I always regret.

I think that is where I have to leave it. The noble Lord is going into a much wider political discussion about what will happen to the statute book after a general election. The electorate might help us with that.

[Lord Foulkes of Cumnock]

I have just one further point to raise. I thank the Minister; as always, he is really helpful. He is a Minister who knows his brief extremely well and answers questions. As he pointed out, none of us has a vote in the upcoming election—something that, by the way, needs to be sorted as quickly as possible. It cannot be done by the next election, but it had better be done by the one after that.

The Minister has very helpfully answered a question for me: there were 180 instruments from Defra alone, and hundreds more from all the other departments. The cost of these hundreds and hundreds of regulations —using the time of these wonderful civil servants and everyone else involved, and our own time—has to be added to the hundreds of millions of pounds spent on “Get Ready for Brexit: a total waste of money preparing for 31 October—“do or die”, “die in a ditch”, or whatever other phrases were used by the Prime Minister. Hundreds of millions of pounds was spent hiring ferries, twice; once from a ferry company that did not have any ferries and, more recently, very cleverly, from a ferry company that did have ferries. But now they have to be paid, and we do not need the ferries any more. Hundreds of millions of pounds have been wasted by the Government. That is the legacy we face.

The sooner that the British people realise what the Tories are up to, the more likely it is that—with no disrespect to the Minister, who I praised earlier as being an exceptional Minister—this will be, if not his last, his second-last day at the government Dispatch Box.

Brexit: Environmental Regulation

Lord Gardiner of Kimble Excerpts

Monday 4th November 2019 Lords Chamber

[Baroness McIntosh of Pickering]

To ask Her Majesty’s Government what will be the arrangements for environmental protection and upholding environmental standards between the date of the United Kingdom leaving the European Union and the establishment of any new environmental regulation regime.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, the European Union (Withdrawal) Act 2018 and secondary legislation will bring existing EU environmental law into domestic law so that it continues to operate after exit. We will enhance standards through the world-leading Environment Bill and the office for environmental protection, the OEP. Our intention is for the OEP to be operational from 1 January 2021. Before that, we will remain subject to EU oversight during the transitional period in the withdrawal agreement until 31 December 2020.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am most grateful to my noble friend for that Answer. There is concern that the level of “appropriate” standards has been reduced to “adequate” standards in the revised EU withdrawal legislation. Can my noble friend put my mind—and the minds of environmentalists at large—at rest that that will not mean a reduction of standards and that the Government are committed to keeping the highest possible level of environmental standards and protection? What will the compliance mechanism be in the interim period before the OEP is legally given effect?

[Lord Gardiner of Kimble]

My Lords, as I said, the interim arrangements would not apply under the description of events that I have, which is that we bring forward a deal, that deal is agreed and there is a withdrawal Act. As my noble friend said, that legislation is very important, and I am sure that during its passage it will be made absolutely clear that we intend to champion the environment. We want the highest possible standards and understand that the situation is grave. As to “adequate” and other measures, I am not a lawyer but I can only assure your Lordships that we are very determined to enhance the environment.

[Baroness Jones of Whitchurch (Lab)]

My Lords, can the Minister explain why the Boris Johnson version of the withdrawal Bill specifically left out the clause—known as the non-regression clause—which guaranteed that we would not fall below current environmental standards? Can he clarify what plans are now in place to reverse that decision and introduce legislation to give legal certainty on that issue? I know that the Environment Bill is coming our way, but will the precise issue of non-regression be in it?

[Lord Gardiner of Kimble]

My Lords, perhaps the easiest thing is to read out the Prime Minister’s text, in reply to a question precisely on non-regression:

“The crucial thing that will reassure her is that in the event of the EU bringing forward new legislation, we in this Government will bring forward an amendable motion so that the House may choose to match those standards”.—[Official Report, Commons, 22/10/19; col. 831.]


We are very clear. We are in the market not of non-regression but of moving forward. We need to enhance the environment. That is the predication of the OEP and the work of the Environment Bill whenever it comes forward.

[Lord Howell of Guildford (Con)]

My Lords, on the carbon side of environmental standards, is it worth noting that the EU has not done well at all, what with the banning of nuclear power and rising emissions in Germany and a vastly greater intake of Russian gas? Does he not agree that, once we are outside the European Union—provided that we are successful in our replacement of nuclear power—we can go for much higher standards than those that prevail within the European Union?

[Lord Gardiner of Kimble]

My Lords, my noble friend has hit on something absolutely crucial. We need to ensure that we lead. That is indeed why this country was the first in the world to introduce legally binding greenhouse gas emission targets. We were the first country to set a legally binding target to achieve net zero greenhouse gas emissions. All this is the direction of travel in which we wish to go. We should be ambitious about that; I agree with my noble friend.

[Lord Deben (Con)]

Does my noble friend the Minister agree that all this works only if we do not undermine those things by agreeing international trading arrangements that allow other people to export into this country goods and services that do not reach the same standards? Is it not true that those in charge of international trade in this Government have not been as committed to our environmental standards as other members of the Government?

[Lord Gardiner of Kimble]

Well, this member of the Government is delighted to say that the United Kingdom is a world leader on animal welfare and environmental standards. We will not water down our standards as part of trade negotiations; I have said that before. We are committed to making sure that any future trade agreements work for consumers, farmers and businesses across the United Kingdom.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, what would happen to complaints already with the Commission? Are any arrangements in place for them to be received and acted on during the interregnum?

[Lord Gardiner of Kimble]

Yes, during the period up to 31 December, under the relevant clause—I cannot remember which—of the withdrawal Bill, there would be EU oversight of all the arrangements. The point, as I mentioned, is that the OEP is due to come in on 1 January 2021. It would then take over the oversight.

[Lord Watts (Lab)]

My Lords, will the Government confirm that there would be nothing to prevent them adopting the European standards and going further if they wished?

[Lord Gardiner of Kimble]

My Lords, I hope I used the word “ambition”. This country has been world-leading and we have an ambition to continue to be world-leading. Yes, we want to enhance the environment and do better than the rest of the EU.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, we have heard a lot of promises from the Minister, which I am sure he will keep. One was about the office for environmental protection. We have had three Brexit extensions and it is well over a year since we were first promised that it would exist. Why has this been so slow? There is no way of enforcing any of the challenges to what is happening.

[Lord Gardiner of Kimble]

We have the ability to challenge through the Commission’s oversight. The point is that the OEP is designed precisely to replace that Commission oversight. There is a lot of ambition about the OEP. We will obviously consider it during the Environment Bill. It will be a very powerful independent body, which will hold public authorities to account. I think that is what we all want.

[Lord Bilimoria (CB)]

My Lords, does the Minister agree that the withdrawal agreement is only the end of the beginning? If the Government are already talking about diverging from EU regulations and standards, what are the chances of a free trade agreement with our biggest trading partner, which makes up 50% of our trade?

[Lord Gardiner of Kimble]

My Lords, as I said, we are very clear that we will not compromise any of the standards I have described, whether on animal welfare, the environment or food safety. We have a reputation for those things in this country and we want to build on it.

[Noble Lords]

Oh!

[Lord Gardiner of Kimble]

Why are noble Lords so negative about this great country?

[Lord Fox (LD)]

My Lords, I can perhaps give you an idea of why we might be negative. Those of us who worked on the Trade Bill very much addressed the issues that the noble Lord, Lord Deben, just spoke of, on enshrining in law the security of regulation going forward. That Bill was scrapped. Does the Minister understand why some people might be somewhat sceptical when they hear the things they are hearing now, given the evidence of that Bill being scrapped?

[Lord Gardiner of Kimble]

My Lords, the truth is that the Bill was not scrapped; with the passage of time and where we are—having a general election—we will have to start again with the Environment Bill, too. The noble Lord is pushing the language a bit. On the Trade Bill, I think I said that we will reflect on what your Lordships said on those matters. What happened in this House was very important. I have put it on the record once and will do so again: your Lordships were extremely helpful and constructive in considering those matters.

National Biodiversity Network Report

Lord Gardiner of Kimble Excerpts

Monday 4th November 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, we are working at home and in the overseas territories to address biodiversity loss. Partnerships between government, farmers and conservationists have seen particular successes, often through habitat restoration, supported by agri-environment schemes. For example, we have supported local recoveries of the marsh fritillary and cirl bunting and the reintroduction of the short-haired bumblebee. Our 25-year plan marks a step change in ambition. The Environment Bill introduces measures to ensure that the Government are held to account against our ambitious goals.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, I thank the Minister for his recognition that the rate of species decline is dire. If we leave the EU, I think it will be even more dire. How does the Minister explain what happened at Defra when the then Secretary of State, Michael Gove, said about the proposed ban on slug pellets:

“Once outside the EU, we will continue to make decisions on pesticides based on the best … science”.


The best science in this case was the Expert Committee on Pesticides, which recommended a ban because of the unacceptable risks to birds and mammals. Defra proposed a ban, the manufacturers objected and went to court, and Defra just gave up. The ban has been overturned, even though there are perfectly practical alternatives available, and now thrushes, hedgehogs and so on are dying in their hundreds again. It is also affecting drinking water. Is this the sort of approach that Defra intends to take?

[Lord Gardiner of Kimble]

No, it most certainly is not, which is why we are bringing forward the environmental land management scheme as part of the post-CAP arrangements. It is why we have published the Green Finance Strategy and why more than 370,000 acres in England have been set aside for new wildlife-rich habitats. I could go on, particularly on the international stage. All of this is because we need to enhance the environment. We will always turn to the best scientific advice on pesticides and chemicals. Clearly, that is why we decided that neonicotinoids are not acceptable. We will take action if the science directs it.

[Baroness Jones of Whitchurch (Lab)]

My Lords, how can the Government claim to be protecting the natural world when the budget for Natural England has been halved and its staff numbers have dropped from 2,500 to 1,500 since 2010? What hope does it have in helping to rebuild our biodiversity when it does not have the funds or the support to deliver on its targets? What message does that send about how seriously the Government really take their promises on this issue?

[Lord Gardiner of Kimble]

I have been very lucky to work with Natural England—it does a great job, and I recently saw Tony Juniper. The United Kingdom’s contribution to international climate finance will double to £11.6 billion from 2021-25, a proportion of which will be for nature-based solutions. Yes, we have to work in this country, but turning around what the noble Baroness and the State of Nature talk about is a global problem. Our global spending is growing very considerably indeed.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, the Minister mentioned our overseas territories in his Answer. My friends in the Falkland Islands tell me that if Brexit goes ahead, their economy will be devastated. In the unfortunate event of the return of a Tory Government, what will the Minister and his colleagues do about that?

[Lord Gardiner of Kimble]

My Lords, I shall be very pleased indeed if there is a return of a Conservative Government because we will put the environment four-square in the centre in this country, in our overseas territories and globally. That is one of the prime responsibilities of government. We have an emergency. I have talked about the noble Lord shaking his noble head before. He asked what a Tory Government will do about it. There is a great story in the Falklands. Our approach in dealing with rats on South Georgia has meant that pipits and pintails are back in profusion. Dealing with invasive species is one of the most important things. Tourism to that great set of islands is very important.

[Lord Lilley (Con)]

My Lords, I declare an interest as the former representative of the constituency containing Rothamsted. That is the principal area where GM and other species development is going on, enabling us to use varieties of plants that cut down on the use of pesticides, which are so damaging to biodiversity. Unfortunately, as long as we are members of the EU we will be unable to do so and will therefore put biodiversity at risk.

[Lord Gardiner of Kimble]

My Lords, the point about gene editing is that it is very important that we use the best science to ensure that we feed the world and restore nature. The whole point about the scientific endeavour is to make sure that we do both. We must be aiming for both. We cannot find ourselves enhancing the environment and then not producing enough food. We need to work on that as a joint endeavour.

[Baroness Bennett of Manor Castle (GP)]

My Lords, the Minister referred to neonicotinoids. I am sure that he will be aware of the report from Japan in Science this week of the horrific effects documented there on the lake and fish populations. We have been through this again and again with different pesticides that arrive as a wonderful new cure and then are exposed as causing massive damage. Is it not time to stop soaking our countryside in pesticides, with the effects that we have seen on nature, and move to organic and near-organic solutions for agriculture? That has to be the way forward for nature and people.

[Lord Gardiner of Kimble]

My Lords, the balance is as I have sought to describe it. Yes, we need to improve and work on soil fertility and soil health. Mixed farming is very important. However, scientific advances in integrated pest management are the way forward. We have to move to a more nature-friendly form of farming. That is important and farmers recognise that. This country can do it well.

Plastics Recycling

Lord Gardiner of Kimble Excerpts

Wednesday 30th October 2019 Lords Chamber

[Baroness Neville-Rolfe]

To ask Her Majesty’s Government what plans they have to introduce a single national system for recycling plastics in England to maximise efficiency and encourage participation.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, the Government are committed to increasing recycling rates. The Environment Bill introduces legislation that will allow us to ensure that local authorities collect a core set of recyclable materials, including plastics, from households from 2023. We will also introduce measures to encourage producers to use plastic packaging that can be recycled. Together with the plastic packaging tax, these measures will reduce difficult to recycle packaging and promote the use of recyclable plastic.

[Baroness Neville-Rolfe (Con)]

My Lords, while I am delighted that the establishment of an England-wide recycling system is now government policy, I am dismayed by the proposed delay until 2023. Does the Minister agree that, as soon as the powers in the Environment Bill are through, we should make an order setting out a single new system that could apply more or less immediately to most local authorities? That could include everything from plastic bottles to plastic pots, tubs and trays, as in the White Paper. Does he also agree that we need clear labelling of what can be recycled and, I suggest, an imaginative information campaign, so that frustrated housewives like myself, businesses and children in our schools know what to recycle?

[Lord Gardiner of Kimble]

My Lords, I am as keen for action as my noble friend is and have asked similar questions myself. However, waste managers and local authorities will need time to install the necessary facilities and infrastructure, hence the start date, in its totality, of 2023. Currently, 100% of local authorities in England collect plastic bottles, and 78% collect plastic pots, tubs and trays. We can make progress already. We also agree that clear labelling is essential, and we will consult next year on final proposals because clearly, we must help to inform consumers better.

[Baroness Jones of Whitchurch (Lab)]

My Lords, may I push the Minister on this? The year 2023 seems a very long way away. It is not as though this is a new idea; it has been trialled and talked about considerably over the last couple of years. We need action on this now. There is huge public demand for action on tackling plastics, so why are the Government not able to move this agenda along more quickly? This is a really important issue that the Great British public care about.

[Lord Gardiner of Kimble]

I absolutely agree with the noble Baroness that we need to make progress on this issue. We have been stalling on recycling and need to do much better. But think of the materials that will be in this core set: plastics, glass, metal, paper, food waste and garden waste. For certain local authorities—one thinks of Newham, which, at 14%, has the lowest recycling rate in the country—we will have to ensure that they change their systems absolutely. I said that this will be comprehensive in 2023, but many local authorities are already undertaking good work on this.

[Lord St John of Bletso (CB)]

My Lords, is the Minister aware of the initiative to introduce plastic parks, which will use revolutionary British technology to convert unrecyclable plastics into hydrogen, as a fuel source, as well as to generate electricity?

[Lord Gardiner of Kimble]

The noble Lord refers to the really important work that needs to proceed: research into how we move from a wasteful economy to a circular one. I absolutely endorse that we need to be working more on research. For instance, we are undertaking work on biodegradable and bio-based plastics and BEIS is considering those proposals. There are issues, however, and we do not want unintended consequences.

[Baroness Parminter (LD)]

My Lords, given the vast amount of plastic film used in food packaging, what are the Government doing to increase the amount available for recycling?

--- Later in debate ---

[Lord Gardiner of Kimble]

Again, here, industry has a number of pressure points. One is the packaging tax—a new tax on plastic packaging—which will take effect from April 2022 and will apply to plastic packaging with less than 30% recycled content. There are a number of others, such as extending producer responsibility. We must not always knock industry because there are many examples of it seeking an alternative, such as plastic-free aisles and different sorts of packaging. I agree that one of the most frustrating things is that we cannot currently put plastic film in our recycling bins.

[Viscount Trenchard (Con)]

I declare an interest as a director of Lotte Chemical UK, which is the principal manufacturer of polyethylene terephthalate or PET. I was surprised to hear the Minister say that many councils are now collecting used material and providing it for recycling, because Lotte Chemical is able to obtain only enough recycled material to form 10% of our finished products. We wish to increase that to about 28%. Does the Minister agree that the Government should concentrate on establishing a standardised recycling policy across the whole country rather than encourage the use of substitute materials, which can have more negative consequences?

[Lord Gardiner of Kimble]

We sometimes need to be careful about unintended consequences, which is why we have considered biodegradable and bio-based plastics. Some 13.5 billion plastic bottles are used in the UK each year; the current household recycling rate for them is 70%. Thirty per cent is not good, but I will take back what my noble friend has said because that is quite a lot of bottles to recycle.

[Lord Swinfen (Con)]

What is being done to clear up the large number of plastic bottles and other containers that are discarded alongside rural roads?

[Lord Gardiner of Kimble]

My Lords, it is a question of education and awareness. How do we discourage the one in five people in our great country who actually admit that they drop litter? I understand the pressures on local authorities and volunteers who, like me, pick up litter, but this situation is unacceptable. The truth is that we will crack this thoroughly only when everyone in the country, starting from the next generation, thinks that it is not acceptable to drop litter.

Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Wednesday 30th October 2019 Grand Committee

Moved by

[Lord Gardiner of Kimble]

That the Grand Committee do consider the Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019.

Relevant document: 2nd Report from the Secondary Legislation Scrutiny Committee

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, this instrument makes technical amendments to ensure that retained EU law is effective and enforceable while also providing continuity to businesses and protection for the environment. No policy changes are being made and no change is expected in the way that the fishing industry conducts its activities as a result of this instrument.

The principal purpose of these regulations is to amend EU legislation that has come into effect since the previous fisheries EU exit SIs were made. This instrument will ensure that existing technical conservation measures continue to apply as part of UK law and will maintain the effective operation in UK waters of long-term plans for the sustainable management of fish stocks in the North Sea and the western waters. Where provisions confer powers to exercise legislative functions on the EU Commission or member states, those references are, generally speaking, changed to “a fisheries administration”.

The SI before your Lordships makes a number of adjustments to three pieces of retained EU legislation, but they make no changes to policy. First, it makes updates to the technical conservation regulation, which outlines technical rules that fishing vessels must adhere to for conservation purposes. This regulation is essential for the management of the fisheries activities of UK vessels wherever they are, and non-UK vessels in UK waters. The technical conservation regulation was previously made operable in retained UK law through an EU exit statutory instrument made in March 2019. However, the EU subsequently introduced revisions to that regulation in July. The UK was fully engaged in the process of revising the regulation which makes important changes, such as introducing a ban on pulse fishing from July 2021 and measures to support implementation of the landing obligation. UK fishermen are currently bound by the EU regulation, which is important to protect the marine environment, and the changes we are discussing today will ensure that they continue to fish to the latest standards by making the regulation operate in UK law.

Secondly, this SI completes the transfer of the North Sea multiannual plan into retained EU law. This establishes long-term plans for the recovery and sustainable management of mixed fisheries in the North Sea. The bulk of the legislation has previously been made operable in UK law. This SI completes the process by bringing across legislative powers necessary to introduce or amend the details of the plan. These powers to make legislation were previously conferred upon the European Commission, whereas they will now be exercisable by UK Administrations, and parliamentarians will be able to scrutinise them in a way that has not been possible hitherto.

Thirdly, this SI makes necessary amendments to the western waters multiannual plan. Almost identical to the North Sea multiannual plan, this establishes a long-term plan for the recovery and sustainable management of mixed fisheries in the western waters, of which UK waters form a part. The instrument makes minor technical changes such as amending references from “Union waters” to “United Kingdom waters” and removing references to “common fisheries policy” or “the Council” to ensure that the legislation operates correctly as part of retained EU law. We are making these amendments to this plan now as it was published only in March 2019, and we were therefore unable to include it in previous instruments.

This instrument also amends previous marine and fisheries EU exit statutory instruments—the Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019, the Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 and the Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019—as a consequence of changes made to the EU regulations since those previous instruments were passed by this House. Such minor changes include: the revocation of certain regulations relating to regional fisheries management organisations and a Community Fisheries Control Agency, which have been revoked at EU level and which will therefore no longer form part of retained EU law, and a minor change to the amendments to the North Sea discard plan, which has since been amended by the Commission. This ensures that our amendments to retained EU law are up to date with the legislation which will be transferred on to the UK statute book by the European Union (Withdrawal) Act 2018 on exit day.

I am afraid that there were a number of typographical errors in these previous instruments which we have taken the opportunity to correct: for instance, replacing a reference to the singular “member state” with the plural, “member states”. We have also changed a handful of amendments to the annual EU TAC and quotas regulation, made by a previous instrument. In particular, we have amended provisions relating to commercial and recreational bass fishing to ensure continuity of approach after we leave the EU.

Finally, we have taken the opportunity to amend the Animals (Legislative Functions) (EU Exit) Regulations 2019 to prevent duplicate amendments to the retained EU law version of Council Regulation (EC) No. 1/2005 on the protection of animals during transport and related operations. In particular, it removes an unnecessary power to make regulations about animals not covered by the regulation’s annexes. This power, which was originally conferred on member states, is not necessary because we are rolling forward a power—originally conferred on the European Council—to amend the annexes themselves. Similarly, a second amendment to a technical rule for transporting horses has been removed because it duplicated an amendment made by a different instrument: the Animal Welfare (Amendment) (EU Exit) Regulations 2019. Both of these minor changes ensure that we have the tidiest—the word used here—possible statute book before exit.

I reiterate that, although I have raised some substantial matters, particularly on fisheries, these are purely technical changes that are intended to simplify the statute book. They will in no way dilute or alter the ability of the Government to maintain current standards of protection, for instance of animals.

While there is no statutory duty to consult on this instrument, as is customary we have liaised with stakeholders about future fisheries policy as well as the approach taken by this instrument and other instruments made under the EU withdrawal Act. We have worked to ensure that stakeholders understand that this SI makes necessary technical amendments to retained EU law, which will ensure that we maintain a fully functioning and up-to-date statute book. Indeed, stakeholders have expressed gratitude for our engagement with them on this and earlier instruments.

Given that this instrument relates to devolved matters, all four Administrations have given their consent to Defra laying it on their behalf. This means that the powers will be made operable for England, Wales, Scotland, and Northern Ireland after exit. As with our approach to previous fisheries instruments made under the withdrawal Act, we have worked to develop and draft the instrument in close co-operation with each Administration.

This instrument makes retained EU law effective as part of UK law in these important areas. I beg to move.

[The Duke of Montrose (Con)]

My Lords, I have a couple of questions for the Minister, whom I thank for the extensive explanation of this fairly long bit of modification to an existing statutory instrument. As the Minister mentioned, fishing is all devolved, and this will take care of converting EU legislation so that it can be used by the various Administrations. Is any consideration required, or has any taken place, on having a framework for fishing in the UK? So many of the EU powers that are being devolved could do with a UK framework as a background to allowing all these things. However, the various devolved Administrations are very protective of their powers and I realise that it must be difficult to find a framework that will fit. When my noble friend the Minister mentions tidying up the statute book, I wonder whether the Government are relying on individual businesses that are interested in this legislation to correct their own copies. There is a massive amount of alteration in this instrument and if the Government could produce an amalgamated version, that would help.

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Michel Barnier has said that a free-trade agreement could take around three years to negotiate. The Northern Ireland protocol would therefore be in effect until that agreement came into force—or, if there is no deal at the end of the transition period, it would remain in place until 2024 at the earliest. So I would be grateful if the Minister could clarify the status of the catch of Northern Ireland fishers in the different circumstances that may arise over the next four years. I know that this is a specific question, but it is important and goes to the heart of the EU withdrawal arrangements that we are discussing. I look forward to the Minister’s response.

[Lord Gardiner of Kimble]

My Lords, I am most grateful to all noble Lords for their rightly penetrating questions. I stress that the purpose of this instrument is overwhelmingly to ensure that we have the most up-to-date statute book. As I say, there are no policy changes in it.

My noble friend the Duke of Montrose and the noble Baroness, Lady Jones of Whitchurch, asked about devolution. The UK Government and the devolved Administrations have agreed that it is essential to maintain common approaches in a number of areas after we leave. We are therefore working together to develop a new UK framework made up of legislative and non-legislative elements. Clearly, the Fisheries Bill—which sets out shared objectives as a key legislative element—includes a requirement to publish a joint fisheries statement, which will be drafted jointly by the four Administrations and will contain policies that address these shared objectives. The policies in the joint fisheries statement will be binding. Non-legislative elements include a memorandum of understanding, which would build on the existing fisheries concordat and UK-wide quota management rules. We know that Parliament will be dissolved, so it is absurd for me to try to say when the Fisheries Bill will come back. This is another piece of primary legislation that, whatever the outcome of the general election, will no doubt have to be addressed.

My noble friend the Duke of Montrose and the noble Baroness, Lady Jones of Whitchurch, raised the issue of amalgamation consolidation. We all understand that EU law comprises a large number of regulations dealing with different areas. The purpose of the withdrawal Act SIs is to ensure continuity by making retained EU law operate correctly on exit. That is why—I choose these words carefully—no consolidation of the SIs themselves is planned. However, importantly, the National Archives has launched two new services. The first is a new EU exit website archive; the second is the addition of EU legislation to the Government’s legislation website, LEGISLATION.GOV.UK. This brings together the text of EU legislation and details of the UK corrections, as well as some additional features, including a timeline of the changes so far. We believe that these two services will help to aid legal certainty and support research in preparation for leaving. After we leave, the National Archives will maintain the EU legislation on LEGISLATION. GOV.UK, incorporating amendments made by the UK into the texts.

[Baroness Jones of Whitchurch]

Can I clarify something? When we had the briefing earlier, we talked about there being almost a master version that people could access, even if it was not widely published. The Minister implied that this is not what the National Archives is doing. Can he clarify that there will be a master document that brings all this together and which is easily accessible for all stakeholders and businesses who want to access it?

[Lord Gardiner of Kimble]

Yes, I can. My purpose in reading out, “This brings together the texts of EU legislation and details of the UK corrections”, is precisely this: I think that we discussed it at earlier meetings and it makes common sense. The only way that I can understand any of this—my goodness me, we have done more than 180 of these—is to read the Explanatory Memorandum rather than the SI. Unless one has that amalgamation or consolidation, the SIs alone are very difficult to decipher. That is precisely why I read out what I did about the work that is going on: so that there will be clarity and understanding.

My noble friend Lady Neville-Rolfe asked about the all-important issue of enforcement. In England, our enforcement system is delivered by a number of agencies working in partnership—in particular, the Marine Management Organisation, or MMO, the Inshore Fisheries and Conservation Authority and the Royal Navy. Patrols are undertaken by the Royal Navy’s offshore patrols vessels, and physical checks and surveillance by the MMO, using a combination of monitoring systems including vessel monitoring, electronic reporting and data systems and remote electronic monitoring. Although the noble Lord, Lord West of Spithead, is not in his place, he and I went up to the MMO at Newcastle and had an interesting look at this. The noble Lord was particularly pleased because many of the officials were originally from the Royal Navy. There is a recognition that there will be an increase in control and enforcement capability, including increased personnel to train as warranted marine enforcement officers and act in support roles at the MMO, and greater levels of aerial and surface surveillance.

I should probably say that control and enforcement is a devolved matter. Nevertheless, Defra, the Scottish Government, the Welsh Government and the Northern Ireland Executive are working closely together to share information and ensure a robust approach to monitoring, compliance and enforcement across UK waters.

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[Baroness Neville-Rolfe]

I am not sure that I am allowed to comment, but I was rather reassured by the list that that my noble friend read out and the fact that the Navy will now be more involved—as indeed it used to be historically, before Defra experienced cuts. It feels as though fisheries, if we get Brexit, will become a more important national asset, which will therefore justify the expenditure. I hope that that will be respected by Ministers when they come to look at these budgets.

[Lord Gardiner of Kimble]

The interventions by the noble Lord and my noble friend have inspired me to say a little more. Currently, we have two Royal Navy Batch One offshore patrol vessels assigned to fisheries protection duty. Over time these will be replaced by five, more capable, Batch Two OPVs. In addition, the MMO has appointed three commercial operators to be on standby to provide extra boats for enforcement duties, should additional support be required. The point which the noble Lord made is of course a challenge to whoever has those responsibilities, but my noble friend is absolutely right. On sustainable fisheries and ensuring that those principles are adhered to, my guess is that there will be a strong public feeling—a strong desire—given the responsibility in UK waters for that. A Government would be brave to start trimming that when there could be that potential pressure.

[Baroness Neville-Rolfe]

My noble friend can rely on us to make it clear if we feel that not enough is being done in this important area of sustainability and its enforcement.

[Lord Gardiner of Kimble]

I have no doubt that that will be the case with all your Lordships—noble friends and noble Lords—and rightly so. Clearly, if we do not have sustainable fisheries in the end, we will have no fish, and that cannot be good for the ecosystem or for food production.

The noble Lord, Lord Teverson, again asked for reassurances on dates. If the EU introduces new fisheries measures between now and whenever, obviously we will want to make them operable so that everyone concerned in this world would have an up-to-date statute book.

My noble friend Lady Neville-Rolfe and the noble Baroness, Lady Jones of Whitchurch, mentioned errors. I am conscious of that and I take responsibility—and of course, it drives me mad. There is a normal checking process, which includes second and third-eyes checks by Defra and other government lawyers. They are also checked by policy officials and lawyers in the devolved Administrations, as well as being scrutinised by the JCSI. All government departments have rigorous checking procedures for EU exit SIs, and indeed any SI. All I can say is—I do not mean this glibly—is that I very much regret even a single one, let alone the number that I have had to explain to your Lordships. We are distinguished to have the Secondary Legislation Scrutiny Committee’s chairman, my noble friend Lord Hodgson, observing our deliberations. I know that the department replied to all the points made by the committee.

On the question of governance, the oversight function that the Commission currently holds over member states could, for example in England, definitely be taken on by the OEP, as detailed in the Environment Bill. Yes, we have had a Second Reading, but we know that this will have to come back. The OEP will be capable of holding the Government to account on their compliance with environmental laws. It will be able to take enforcement action and be required to monitor our progress on improving the natural environment. It will produce its own annual reports on its activities.

My noble friend Lord Hodgson and the noble Baroness, Lady Jones of Whitchurch, referred to oversights. The issue of the power in Article 15 also requires the Secretary of State to obtain scientific evidence to support any measures contained in regulations made under that power, as well as to consult,

“such bodies or persons as appear to the fisheries administration to be representative of the interests likely to be substantially affected by the regulations”.

In addition, I should say to my noble friend Lord Hodgson that we are working with industry and NGOs to establish a replacement fisheries advisory infrastructure for the United Kingdom that can be put in place after we leave. We have a number of established models for consultation with stakeholders, work closely with fisheries science partnerships around the country and have a multi-stakeholder expert advisory group to consider EU exit issues.

I will go through some other points. I agree with the noble Baroness, Lady Jones of Whitchurch, that it is not ideal to have a fisheries SI in which there is a section on animals, but I will seek to explain why things have happened in this way. These amendments are included in the instrument because they required an affirmative SI—since the amendments deal with transfers of powers—as well as being in an instrument that we wanted to be in force for exit day. I do not want to go into the history of this but all the work was done on the basis of a certain exit date and we, as a responsible Government, felt that we had to cover all eventualities. We have all worked together, extremely collaboratively, to ensure that no one can say we have not done our work in getting the statute book where we might have needed it to be. As I say, the instrument is to ensure the law is absolutely clear from exit day. There have been other SIs related to animal health but those had already been laid in Parliament, meaning that, at the time, this SI was the best available vehicle for these changes. I agree that us securing an SI containing this subject would have been preferable but, on this occasion, given that the amendments simply remove inadvertent duplications, I plead with your Lordships to understand that we thought that this was the most appropriate instrument available.

The noble Lord, Lord Teverson, mentioned the discard ban, which the Government obviously need to address. We recognise the importance of the effective monitoring, control and enforcement of the landing obligation. For this reason, work has been undertaken this year to enhance our control and enforcement approach. For example, to complement measures to ensure that fishers have the right resources and information to be able to comply with the landing obligation, the MMO has focused its efforts on identifying non-compliance and improving the accuracy of catch recording, particularly in high-risk fisheries. Between 2018 and 2019, the MMO more than doubled the number of inspections of landings, and also nearly doubled the number of inspections at sea. The noble Lord also asked about the regional fisheries management organisations. We have applied to join the North East Atlantic Fisheries Commission but, as I think he will know better than me, we cannot join until we have ceased to be a member state.

The noble Baroness, Lady Jones of Whitchurch, asked about fisheries administration and the MMO, and how all that comes about. The powers of the MMO are set out in the Marine and Coastal Access Act 2009. It has a number of its own fisheries management functions, such as the licensing of fishing vessels. The MMO is also responsible for fisheries enforcement and has functions relating to protecting the marine environment. The MMO is included in the definition of “fisheries administration” in the statutory instruments made under the EU withdrawal Act 2018 because it carries out these key fisheries functions. She also asked about the definition of “other sensitive areas”. Article 12 is intended to protect sensitive habitats, which are defined in Regulation (EU) 2019/1241 as,

“a habitat whose conservation status, including its extent and the condition (structure and function) of its biotic and abiotic components, is adversely affected by pressures arising from human activities, including fishing activities”.

I think that answers that point.

The intriguing term “innovative fishing gear” is used in the EU measure being amended. It is generally understood as fishing gear that: improves fishing selectivity for an intended target species, or reduces or eliminates by-catch or incidental catches of sensitive species, for example marine mammals, seabirds, and marine reptiles; and reduces the impact of fishing activity on the habitat, protecting vulnerable marine ecosystems and generally reducing the impact of bottom fishing methods on the seabed. The arrangements for introducing innovative gear require scientific assessment to ensure that the standards achieved are at least equivalent to existing methods, and certainly do not have a negative impact on sensitive habitats or non-target species.

The noble Baroness, Lady Jones of Whitchurch, asked about regional co-operation. We fully intend, of course, to continue to work with other countries that share our waters. Indeed, under the United Nations Convention on the Law of the Sea—UNCLOS—the UK is obliged to co-operate on the management of shared stocks through appropriate regional and sub-regional organisations, such as the regional fisheries management organisations. This obligation will continue to apply to the UK when we leave. Formal co-operation will also continue through the Ospar Convention, where contracting parties agree policies and strategies on environmental management across the north-east Atlantic. She also raised the process of agreeing our participation in the multiannual plans. The EU regulations already apply to our fishers, as they do to other member states. We are simply making the minimum necessary changes to the wording to ensure that the plans operate correctly as part of the UK’s statute book when we are an independent coastal state. The terms and requirements of the plans, within our waters, have not changed.

The noble Baroness also asked about our devolution arrangements, which I have already mentioned. The Northern Ireland protocol in the withdrawal agreement applies EU customs legislation in Northern Ireland but excludes territorial waters extending between zero and 12 nautical miles. The protocol sets out that the Joint Committee will consider means to ensure that tariffs are not applied to direct landings of fish and aquaculture products by Northern Ireland-registered fishing vessels. This will bring these products in line with others that are of Northern Irish origin.

There was also a query about Northern Ireland fisheries fishing in UK waters rather than in Northern Ireland waters. The designation of their catches will depend on where they are landed. The implications from the tariff perspective will be determined by the destination of those landings and exports. These important matters of detail will be considered by the Joint Committee, which is chaired by both the UK and the EU.

I will look at Hansard, because I think there may have been some other technical points, but I hope that I have covered most of them. On that basis, I recommend these regulations to your Lordships.

Motion agreed.