Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Monday 7th October 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the Regulations laid before the House on 5 September be approved.

Relevant document: 61st Report from the Secondary Legislation Scrutiny Committee

Motion agreed.

US-imposed Trade Tariffs

Lord Gardiner of Kimble Excerpts

Monday 7th October 2019 Lords Chamber

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

My Lords, with the leave of the House, I will now repeat in the form of a Statement the Answer given to an Urgent Question today by my right honourable friend the Minister of State for International Trade in the other place. The Statement is as follows:

“The UK continues to be a champion of the international rules-based order of which the WTO is a cornerstone. However, the UK Government are clear that resorting to tariffs is in no one’s interests. Low tariffs and free trade underpin prosperity and jobs in the UK and globally. That is why we are pursuing an ambitious free trade agenda, lowering tariffs and quotas where possible, and working on an ambitious package of bilateral free trade agreements. Our Government are disappointed by the US Administration’s announcement that they intend to impose tariffs on the UK and our European partners following the recent ruling.

My right honourable friend asks what communications there have been between the Government and the United States. We have continued to raise the issue at the highest levels. My right honourable friend the Secretary of State has herself spoken to US Trade Representative Lighthizer, Commerce Secretary Ross and Vice-President Pence. My right honourable friend the Chancellor raised the subject of Airbus tariffs with US Secretary of the Treasury Mnuchin in July. My right honourable friend the Member for Maidenhead raised the issue with President Trump during his state visit to the UK in June of this year.

This dispute has a long history, going back to 2004. I will not detain the House by setting out that history, but it is long and complex. It has led to this WTO judgment, and although the UK, France, Germany and Spain took steps to bring their support into compliance with the WTO, the WTO ruled last year that further steps were required to bring this support fully into compliance.

Following this ruling, the UK and other Airbus nations have now taken steps to bring their support fully into line. The Airbus nations are seeking confirmation from the WTO in ongoing proceedings that these steps are sufficient to achieve compliance. A ruling is expected in the coming months. However, WTO procedure allows for the US to seek authorisation to retaliate on the EU in parallel to these proceedings, and therefore the WTO has confirmed whether the Airbus nations have now complied with their WTO obligations.

On 2 October, the WTO announced that the US can be authorised to impose up to approximately $7.5 billion annually in tariffs. Following this, the US published a list of tariffs on the EU, targeting products produced by the Airbus nations and wider EU. These measures are not in the interests of the UK, the European Union or the United States. Tariffs would only inflict damage on businesses and citizens on both sides of the Atlantic, and harm global trade and the broader aviation industry at a sensitive time. We are working closely with the US, the EU and European partners to support a negotiated settlement to the Airbus dispute, along with the separate Boeing dispute. I would like to reassure the House that we will continue to press this issue at the highest levels and urge the United States to withhold tariffs until the WTO has confirmed that we have complied in the compliance proceedings, something we expect to happen in the next few months.

Single malt scotch whisky has been tariff-free with the US for more than 25 years now, and whisky exports to the US are worth over £1 billion annually. Single malt producers are often small and medium-sized businesses, and these tariffs will hit those who can afford them least.

We will continue to talk to the US at the highest levels to press for a settlement and for the US to hold off applying these tariffs until the WTO has had time to rule”.

[Lord Stevenson of Balmacara (Lab)]

My Lords, with this episode we move from the sunny uplands of the free trade world, which we so often hear about, to the reality of trade activity. It should not be a surprise that this is happening. It is no secret that the American President has sought to define his Administration on a trade warfare basis. He seeks to put the interests of America first and to repatriate jobs and industry to the USA. What else could we expect? We should not be surprised at this latest démarche. We saw the United States’ negotiating objectives for a future trade agreement with the UK. It was obvious that the language of the UK-US document was extremely aggressive, demanding concessions but offering little in return. The introduction says it all:

“The United States seeks to support higher-paying jobs in the United States and to grow the US economy by improving US opportunities for trade and investment with the UK”.


We have seen it all before.

The measures being imposed by the United States will see tariffs on a range of food, drink and textile products including olives, cheese, wine, jumpers and Scotch whisky. Many of these products are subject to geographical indications, appellations awarded under trade agreements to protect products of cultural heritage. American producers have made no secret of their desire to apply iconic labels such as Stilton cheese or Scotch whisky to products made wholly in the USA using similar production techniques.

I have a question about this. During the proceedings on the Trade Bill, we got the Government to agree to support the continuation of EU GIs. Is that still our policy?

[Lord Gardiner of Kimble]

My Lords, I repeat what I said before to the noble Lord and I declare my interest in the register of a shareholding in the drinks industry.

Resorting to tariffs is not in the interests of this country, the EU or the United States if we are to have the productive economic relationship with the United States which we are working on and want to have. It is already our largest trading partner outside the EU. It is clear that we need to have a positive, mutually beneficial relationship with the United States. We believe that that is the way forward because the United States is an important market for our produce.

Geographical indicators is not my specialist subject, I am afraid, but it seems to me that Scotch whisky comes from Scotland and Bushmills comes from Northern Ireland. We should cherish our produce and I am grateful to the noble Lord for his remarks.

[Lord Purvis of Tweed (LD)]

My Lords, given the indicators under WTO rules that these products are unique, they will become even more vulnerable to a tariff regime that the United States may play across the European Union. This industry is uniquely Scottish and British. As with distinct elements of our cashmere industry, which was referenced in the Answer to the Statement—I represented many mills in my former constituency—the industry has been able to flourish in the past, certainly within textiles, because when it has been a victim of international trade disputes, European structural funds have supported it. What are the Government’s contingency arrangements for rural businesses and the whisky industry?

The noble Lord gave figures for the Scotch whisky industry showing that single malts account for one-third of the £1 billion in whisky exports. There are 7,000 rural jobs in that sector, and the cashmere and textile industry is particularly vulnerable. Will the Government give a commitment that whatever the European Union decides, we will be in lock-step with it? If so, the tariff proposals we have just been questioning the noble Lord, Lord Callanan, on will have to be amended to be in lock-step with the EU response to the United States. I hope that Ministers have given that commitment to our interlocuters from the United States. It would be helpful if the Minister could clarify that that commitment has been given.

[Lord Gardiner of Kimble]

My Lords, as I have said, we are working with the EU. This issue concerns tariffs imposed on the EU, and we are part of the Airbus quad that I have been learning about. We are working very strongly with our EU friends and partners, in working with our American friends and partners, on something that we in this country do not think is beneficial for American trading interests or our own. Whatever our status—whether a member of the EU or not—we are clear that we do not believe that this is right or beneficial. If we have left, we will also be saying that this is not a basis on which we should be working. These tariffs are not beneficial to the EU, the UK or the third party in this, the United States.

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend agree that, according to the figures from the Food and Drink Federation, Scotch whisky is the single most successful export across the world? Is he not as concerned as I am that the US seems to have chosen to pick on UK brands such as Bushmills from Northern Ireland and Scotch whisky? Why has it not been extended to products from another Airbus nation, such as French champagne or brandy? Does the Minister share my concern that this does not augur well for our future trade relations after the UK leaves the EU?

[Lord Gardiner of Kimble]

My Lords, my understanding is that tariffs will be levied on the Airbus nations and the EU. The data shows me that 38% of French trade is directly targeted, compared to 10% of ours. These tariffs will affect the EU as well. My noble friend is right—to repeat it and put it on the record—that Scotch whisky is the UK’s largest agrifood export, at £4.7 billion in 2018. It is the largest contributor to the UK’s balance of trade in goods and, thinking of Scotland, it provides 7,000 rural jobs and 11,000 in total. It is very important to Scotland.

[Lord Browne of Ladyton (Lab)]

My Lords, I thank the noble Lord for his answer but I cannot help but contrast it with the answer given by the Leader of the House, Jacob Rees-Mogg, on Thursday when asked a similar question about 25% tariffs on Scotch whisky. He saw the opportunity to attack the EU for what he calls its illegal acts and he stated that the Scotch whisky industry would be better off post-Brexit—if we can believe that, given the amount we sell to Europe.

In his answer, the noble Lord substantially reflects the press release the Government put out when the WTO ruling was made. I am reassured that he has repeated the Government’s view that they are not acting illegally, and that no European nation is; that is very important. If we can get the WTO to establish that, that is good. There is no question of illegality, despite what Jacob Rees-Mogg said, but now there is a question about support for engineering jobs in Airbus. He was disparaging about them. Some 124,000 people in the United Kingdom are employed or supported by Airbus. Will the Minister join me and the Unite union and write to every one of those 124,000 to say that the Government still support that industry?

[Lord Gardiner of Kimble]

My Lords, the Government are clear that the United Kingdom is compliant with WTO rulings in the Airbus dispute. That is where we pitch our line. We think we are compliant so it is not right that the US Administration should impose tariffs when we are clear that we are acting lawfully. I use this opportunity to encourage our friends in the United States to see that this is a time when we should be seeking free trade and encouraging these industries, wherever they are, whether they are small rural ones or large industrial ones.

Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Monday 7th October 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the Regulations laid before the House on 5 September be approved.

Relevant documents: 56th and 61st Reports 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, both statutory instruments before your Lordships serve three purposes. They make a number of technical operability changes to existing instruments to ensure that retained EU law continues to operate effectively after the UK leaves; they ensure that our statute book is closely aligned with the EU to support our application for third-country listing for live animals and animal products; and they make minor corrections to earlier EU exit SIs. These technical amendments will have no effect on existing policy, and bring over only those powers that already reside with the European Commission.

Both SIs were made under the urgent, made-affirmative procedure. This is because both instruments support the UK’s application to the EU Commission for third-country listed status for animal and public health purposes for consideration at a meeting due to take place this Friday, 11 October. While we are working hard to secure a deal with the EU, we should prepare for all scenarios—including, for instance, that the EU will not accept a request for an extension.

The European Commission considered the UK’s third-country listing application at a meeting of the relevant committee, SCoPAFF, on 9 April, based on the relevant animal health legislation in place on that date. The United Kingdom was able to assure the Commission that all relevant legislation had been made, and member states voted unanimously to list the UK as a third country. Following the Article 50 extension, another vote is due to be held this Friday. To ensure that we are fully prepared for this listing, both these SIs must already be on the statute book to provide the necessary reassurances of our readiness. These instruments support that requirement, and the Government’s commitment to ensuring that we have a fully operable statute book for day one, whatever.

The Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019 serve three broad purposes. First, they make technical changes to existing instruments to ensure that retained EU law continues to operate effectively after the UK leaves the EU. This includes, for example, changing “Community” to “United Kingdom” or “an official language of a Member State” to “English”.

Secondly, they transfer legislative powers that give the Secretary of State, with the consent of the Ministers from the devolved Administrations, power to amend, vary or add to the list of third countries that can export animals and animal products into the United Kingdom. This will ensure that we can act swiftly to prevent any imports from a certain country should the biosecurity risk change. This will support our existing ability to apply import controls and add to our robust armoury of biosecurity measures.

In practice, the Secretary of State would look to the UK’s Chief Veterinary Officers, supported by expert advice from the Animal and Plant Health Agency, to make any recommendations for changing the lists. These decisions would be based on the most expert scientific and veterinary advice, in the same way as they are currently with the Commission. Similarly, they amend previously made EU-exit SIs regarding animal and animal product imports. This allows the Secretary of State, with the consent of appropriate devolved authorities, to publish lists of animals and products that require border veterinary checks. Both these measures are intended to support the UK’s biosecurity. These powers currently reside with the Commission and we are simply making them operable in the UK context. They will further support our application for third-country listing by aligning our statute book with the EU.

Thirdly, the SI changes the previously laid Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019, by correcting a reference to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 to enable certain EU, EEA and Swiss veterinary surgeons to register with the Royal College of Veterinary Surgeons. A paragraph had been wrongly labelled “43” when it should have been “44”. It is very important to get these things right. I assure your Lordships that being a person of detail is irritating, but it is important that we get these things right.

The other statutory instrument, the Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019, makes technical operability changes to existing instruments. These ensure that regulations for animal by-products, ABPs, transmissible spongiform encephalopathies, TSEs, and genetically modified organisms, GMOs, are operable. These amendments are of a purely technical nature and make no changes to existing policy. They include recent changes to ABP and TSE legislation that were published in the EU’s Official Journal too late to be included in earlier EU-exit SIs. As with the other instrument, this will enable our statute book to be up to date and accurate, which is a requirement of our third-country listing by the EU.

These changes include, for example, substituting “appropriate authority” for “Commission”. Similarly, they amend references to the EU’s import and export system, TRACES, by adding the wording “or any replacement system in operation in the United Kingdom”. The UK is launching a new system called the import of products, animals, food and feed system, IPAFFS, to ensure that imports of live animals, products of animal origin, animal by-products, germplasm, and high-risk food and feed not of animal origin can continue should there be a no-deal exit. This became available to the public at a beta stage of development only on 30 September. It is important to note that this system has proved popular with stakeholders, and we think we would look to it in the long term, regardless of a deal for access to TRACES, as a way forward. This SI also makes minor corrections as recommended by the JCSI. Again, I apologise for these, and will explain their nature in more detail.

There are three highly technical changes to EU law being made operable by this instrument. These include: changing recently introduced law, as mentioned, so that TRACES or any replacement system could alter certain lists; making operable provisions to permit the export of products containing processed animal protein derived from ruminants and non-ruminants; and making operable provisions that add Egypt to the list of third countries from which gelatine, flavouring innards and rendered fats can be imported.

The final purpose of this instrument is to make minor corrections to previous instruments which were, as I said, helpfully picked up by the JCSI. I am most grateful to the committee for drawing our attention to these. For instance, one correction will change the style of the paragraph numbering from (a) to (d) to (1) to (4) which is intended to help the reader to identify changes. I should also say that both instruments apply to the whole of the United Kingdom and that the devolved Administrations were closely engaged in their development and have given their consent for them to be laid.

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, I should have declared my farming interests as set out in the register. That was remiss of me.

The noble and learned Lord, Lord Hope of Craighead, took your Lordships to Greenland and asked who is to be satisfied. Unless I get precise detail on that point, I assure the noble and learned Lord that I will write to him with an explanation and place a copy in the Library. We are seeking to bring forward and put on to our statute book that which has gone through the Commission in the agreement. We are not suddenly deciding that we, out of some whim, will add trade with Greenland. We are adopting, refining and getting on to our statute book what has already gone through that rigour.

I will get chapter and verse on who is to be satisfied, but we are not adopting anything new in these instruments. I agree that this is one of the nightmares of having the statutory instrument alongside the Explanatory Memorandum. Statutory instruments sometimes become a source of considerable confusion to me. I am very grateful for a proper Explanatory Memorandum. Of course, what we want to do is to ensure that we have the top biosecurity and that consumers and the people of this country are safe with all products, whether from home or abroad—including, indeed, from Greenland. The whole basis of what we are seeking to do is to ensure that we have those very strong measures in place.

On the points made by the noble Baroness about the recent legislation, the Government will abide by the law. However, our task, and my task, which I alluded to in my opening remarks, is to prepare for any eventualities. We think we might get an extension if one is ever required; I cannot guarantee that today. I am sorry to be so punctilious, but our task—I am looking particularly at the noble Baronesses, Lady Jones of Whitchurch, Lady Parminter, and Lady Bakewell of Hardington Mandeville—has been to be able to say, in all sorts of scenarios, that we have done everything possible. My noble friend the Duke of Montrose rightly said that if we did not get our listing on Friday, many farmers up and down the land would say, “You mean you didn’t even try? You didn’t even take the precaution of seeking a listing?” We did.

I understand the thrust of what the noble Baronesses have said and the comments made about the amendment to the motion. However, I want to make it clear that this is about ensuring that Defra does everything it can to ensure that the Commission sees our bona fides in adopting all the law which it has adopted since we went through the exercise of seeking a listing earlier in the year.

As I have said, the majority of the Brexit SIs are needed whether we leave with or without a deal. If they are no longer needed on exit day, they will be deferred until the end of a transition period. There have been many hundreds, and a lot of our work has been about getting the statute book to where we need it to be. We do not see the affirmative route as being used anything other than extremely sparingly. It is not a desirable route unless, with the buffer of timing, we think it in the best interests of the United Kingdom. Obviously, it is not something I would ever want to deploy unnecessarily or wantonly.

The noble Baroness, Lady Jones of Whitchurch, made a number of points. On the scrutiny of the variation and the Secretary of State’s powers, having met Ministers from the devolved Administrations, it is important to say that the Secretary of State could vary the list of third countries or alter the import requirements only with the consent of all the devolved Administrations, so it would need to be deemed in the interests of all the Administrations. As I explained, those decisions, and the decisions that Ministers would be required to make, which currently reside with the Commission, will be informed by the four UK Chief Veterinary Officers, who are our top veterinary experts on animal health, and the Food Standards Agency, which is our expert on the public health aspects. The Chief Veterinary Officers would, in turn, be supported by the scientific analysis of the Animal and Plant Health Agency. Given the international respect with which both the FSA and the APHA are regarded, I feel confident that these decisions would be in the appropriate hands. Also, Regulation 18.4 makes it clear that to change these lists, the Secretary of State must bring forward a negative SI, which, if anyone is concerned that this is not a step in the right direction, enables us to scrutinise it.

Noble Lords will understand that the line is that we do not comment on leaked documents. However, I say to the noble Baroness, Lady Jones of Whitchurch—and as I have said very often—that the UK is a world leader on animal welfare and environmental standards. We will not water down our standards as part of trade negotiations. We have a reputation for quality that is built on those standards and on the dedication of farmers and growers to meeting UK consumers’ expectations. With what is already on the statute book, the current UK import requirements—

[Lord Purvis of Tweed (LD)]

I have been listening carefully to this debate. Given what the Government have submitted to Brussels at the moment, might the Minister reflect on his terminology? He has referred to the UK on a number of occasions, most recently in his last few comments. The Government’s policy is that it would no longer be the UK, as Northern Ireland would operate under one regulatory regime and Great Britain under another. Can the Minister be clear what the legislative relationship would be with this instrument because, for the first time since the 1920s, one part of the United Kingdom would not have the same approach as the rest of it? Will he reflect that these commitments no longer refer to the UK as a whole?

With regard to the point from the noble Baroness, Lady Jones, about Northern Ireland, can the Minister explain what might happen if there is a no-deal scenario—which he says he has to prepare for—when it comes to some of the checks that would be required in Northern Ireland, given its relationship to the Republic of Ireland? The temporary measures that the Government published in March indicated checkpoints. These would be off the border, but nevertheless those taking and receiving goods would have to go to designated hard areas. Are those temporary measures still planned by the Government if there is a no-deal Brexit? If we are faced with that on 31 October, are the Government indicating that from 1 November there would be hard areas in the United Kingdom to check goods covered by this statutory instrument?

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, I will return to that because I want to make sure that I have on the record precisely the point that the noble Lord has asked. I will wait for some strong advice to get the form of words right to satisfy your Lordships. The instruments relate to all parts of the United Kingdom. That is precisely why in all cases—particularly the issue I referred to—it would be the chief veterinary officers from all parts of the country who would take a view about the variation of lists.

Quite rightly, there was also some consideration of IPAFFS and TRACES. If there is a deal and an implementation period, we will continue as currently. In the event of no deal, the UK would replace TRACES with IPAFFS, which will be operational for all third-country imports on the day we leave the EU. The noble Baroness, Lady Parminter, asked about public beta—quite rightly, as I have asked the question myself. IPAFFS is in public beta and users can register for the system and check their log-in details if they have registered previously. As it is in public beta, IPAFFS is monitored to assess performance and to investigate any issues raised by users. There have been no downtime events or high-severity incidents since public beta commenced.

So far, in terms of feedback on IPAFFS and the status, 155 users have participated in business readiness sessions. Importers and their agents, the FSA and the port health authorities are taking part in sessions around the country. Users were asked to express as a mark out of 10 how confident they would be in using IPAFFS from day one. After the readiness session, the average confidence score was nine. Since launching public beta on 30 September, we have seen a further 127 registrations, bringing our total to 1,198 users registered for IPAFFS. We think that engagement so far has gone well, as has the rate at which users have registered.

--- Later in debate ---

[Lord Gardiner of Kimble]

The Republic of Ireland remains in the EU. As I said, we will not be inspecting, because we believe that the EU’s standards are high. We are addressing this matter in these statutory instruments precisely because imports from the EU will not require additional inspection as they are of a suitable standard.

[Lord Purvis of Tweed]

My Lords—

[Lord Gardiner of Kimble]

No. I am going to make progress, if the noble Lord will forgive me. I have had a lot of interventions and I will address his point.

My noble friend Lady McIntosh also raised the issue of veterinary surgeons. We are offering free training for official vets to sign EHCs for food products. Some 736 have been registered with the APHA to assess free training, of which 564 enrolled on the course for this qualification; 152 have since qualified. The total number of official veterinarians who can sign EHCs for food products has increased by 200 to 835 since 8 February. We have also created a new certification support officer role to assist official vets and are offering free training. To date, 170 have registered and 47 have qualified. We have published a list of official veterinary services on GOV.UK to help businesses find official veterinarians. I am absolutely clear that vets are vital in this. That is why the statutory instrument tidies up the position in relation to veterinary surgeons, as I have said.

My noble friend Lady McIntosh asked about animal welfare and transport. There is considerable concern about the welfare of animals in transport and we will continue to recognise EU transport welfare authorisations for an interim period, to mitigate the risk of friction at the border from EU consignments arriving. This is an area where the Government will look in future to see how we can enhance animal welfare. We have been clear that we understand the issues about transport and the Scottish islands, but we think that there is considerable room for improvement, and this is a work in progress. I understand the point my noble friend makes about farming interests as well, but we need to be mindful, clearly, that our standards of animal welfare are clearly understood.

The noble Lord, Lord Purvis of Tweed, spoke about the legislative relationship if there were different regulatory regimes in Northern Ireland and Great Britain. The Prime Minister recently highlighted that there are ongoing negotiations, and it would not be appropriate to pre-empt those at this stage—I suspect that the noble Lord expected me to say that. The statutory instruments deal with third-country listing and, specifically, operability amendments.

To answer the point of the noble Baroness, Lady Masham, we are absolutely clear on this and it is central to our border delivery group work. We absolutely understand it, which is why I mentioned animal welfare to my noble friend Lady McIntosh. We are very conscious of the importance of planning to ensure that we have the facilities in place and do not have animals held up. There must be alternative ways, including by using other ports, because we all understand that the straits between Calais and Dover, in particular, are going to be pressure points. It is important that we work to make sure we have capacity in place at other ports, including rerouting to EU ports and airports that have the appropriate border inspection facilities. We are very mindful of the importance of our animals coming from this country, where we want them to be well looked after, and moving to other parts of Europe. I know that there will be some details that I have not adequately addressed. Some are detailed and I want to make sure that I get the absolute chapter and verse, so that in no way have I verged into my own personal view, but instead given a distinct expression of view.

I understand everything that the noble Baroness, Lady Jones of Whitchurch, said, but I do not believe that, in bringing forward the statutory instruments, I have done anything other than the best I can to ensure, in whatever circumstances we are presented with, that we are in a position to say clearly to the Commission that we have done everything possible to secure its consent for a listing if there were a circumstance in which that was necessary. I entirely back up my noble friend the Duke of Montrose. I think I know farmers quite well, coming from that stock, and if we had not bothered to do this, with its nearly £5 billion consequence, and had not put this forward in the way we have, there would have been very considerable alarm and disquiet that we had not done everything possible, for any scenario. One thing about these times is that nothing is particularly certain, and therefore we have to cover all eventualities. So, I understand the noble Baroness’s amendment, but I hope she will feel able to withdraw it.

Single-use Plastics

Lord Gardiner of Kimble Excerpts

Tuesday 1st October 2019 Lords Chamber

[Lord Robathan]

To ask Her Majesty’s Government what measures they are taking to reduce the consumption levels of single-use plastics.

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

My Lords, we have banned microbeads on personal care products, reduced single-use plastic carrier bags and invested £100 million in plastics innovation. We are banning the supply of plastic straws, stirrers and cotton buds from April 2020; seeking powers through primary legislation to charge for specified single-use plastic items; and delivering our promises to introduce a DRS, provide consistent recycling collections and reform packaging waste regulations. Consumer single-use plastics will be removed from central government offices from January 2020.

[Lord Robathan (Con)]

My Lords, plastics have been hugely beneficial to society and civilization, but sadly their misuse is now very detrimental to all of us. I welcome everything that the Minister has said, particularly the plastic bag tax, which has been a huge success, reducing consumption by 85%. I hope that this direction of policy will continue, but can my noble friend the Minister tell me, first, whether we are promoting research into whether we can get the embedded energy and the oils out of plastic and reuse them—that is a very complicated question—and, secondly, whether we can educate the public more so that they, particularly young people, do not go around with a single-use plastic bottle in their hand the whole time but use a renewable one?

[Lord Gardiner of Kimble]

My Lords, a lot of us are now very much using renewable bottles. I am pleased to say that, in the Year of Green Action, I have one in my office that is very useful. That is why I mentioned the £100 million of research in my original reply, because clearly there are still a lot of answers that we do not know and we want to do things better. That is why there is £20 million for the Plastics Research and Innovation Fund, a further £20 million for the plastics and waste investment fund and £66 million through the Industrial Strategy Challenge Fund. All of these are part of what we need to move to, which is reducing plastic, and, wherever possible where we have plastic—and we will, of course, need plastic for things such as medicine and medical facilities and so forth—ensuring that we reduce, reuse and recycle sensibly.

[Baroness Jones of Whitchurch (Lab)]

My Lords, in her first Commons debate, the new Secretary of State, Theresa Villiers, repeated the mantra that the Government needed time to get the primary legislation on plastic waste right. Given that the Minister has repeated time and again to this House that he understands the urgency of this issue, has he persuaded his boss perhaps to speed up that legislation for which we have been waiting for quite some time, and might we get to see that legislation listed in the Queen’s Speech?

[Lord Gardiner of Kimble]

My Lords, we have said that we will be introducing the environment Bill in the second Session. I very much look forward to it, if I am in position, and hope that this will be something on which we could all work, because that is one of the key features. When I make inquiries about whether we need primary legislation for some of things we need to do, I am advised that we do. That is why it will need to be done through the environment Bill. I absolutely take the point: we have a finite planet and the longer we wait, the more damage that we will have to deal with. We are still producing too much plastic; that is why we need to advance and why the Plastics Pact is so important in working with industry. We are starting to see success on that, but we need to do a very lot more.

[Lord Geddes (Con)]

My Lords, would it not be highly advantageous if we were to follow the example of the National Trust and replace plastic wrapping with that made from potato starch, which is compostable?

[Lord Gardiner of Kimble]

I declare my membership of the National Trust, and indeed, my compostable bag was put on my compost heap over the weekend.

[Lord St John of Bletso (CB)]

My Lords, at a time when it is estimated that we use in excess of 35 million plastic bottles a day, of which only 20 million are recycled, what additional measures are being taken to promote reusable bottles? What measures are being taken to prevent plastics being leaked into the oceans?

[Lord Gardiner of Kimble]

My Lords, the noble Lord is right to raise the oceans. As 80% of the waste in the oceans comes from the land, the first thing is to stop it getting there. I understand that currently in this country 70% of plastic drink bottles are collected for recycling. I mentioned the deposit return scheme because other countries which have reintroduced it have got up to over 90%. That is why we are actively working on the options and are having further consultations. These things take time, because industry will require new infrastructure to undertake this, and we want it to land well when it starts.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, since the ban on plastic cotton buds and the use of microbeads in cosmetics, which the Minister referred to in his earlier Answer, there appears to have been a bit of a lull in action on plastics. Despite some manufacturers making changes to their products, we are still seeing a large number of plastic straws in pubs and bars, despite what the Minister said. Is it not time that the Government published a list of those who do not take this matter seriously and are still using single-use plastics?

[Lord Gardiner of Kimble]

The noble Baroness is right that a number of responsible companies have already started to remove plastic prior to the ban in April 2020. I encourage all manufacturers to think about this so that we achieve a ban with people stopping voluntarily. On lists, and more positively, if I had time I would read out the very long list of manufacturers and retailers that are engaging in this, on some of the issues such as black plastic or using alternatives. We need to work with industry and encourage it, and obviously some of the fiscal measures we are proposing are all about, for instance, reducing plastic packaging.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, one of the things my parents and grandparents used to say was, “Fine words butter no parsnips”. If we have learned anything from the school strike and Extinction Rebellion protesters, it is that the Government are not acting fast enough. Why does the Minister keep telling us that it all takes time? We do not have the time—we must get a move on.

[Lord Gardiner of Kimble]

In fairness, if we want consistency of recycling in all local authorities, it will take time, because you have to build installations—they do not happen at the flick of a switch. As much as I agree with the noble Baroness that flicking the switch and getting it sorted is desirable, it is not practical, and we need to carry people with us. I therefore understand the frustration, and we want to get it done, but it is not possible overnight.

Brexit: Access to EU Systems

Lord Gardiner of Kimble Excerpts

Monday 30th September 2019 Lords Chamber

[Lord Rooker]

To ask Her Majesty’s Government how discussions are progressing regarding the United Kingdom having access to the Rapid Alert System for Food and Feed and the Trade Control and Expert System after the United Kingdom leaves the European Union.

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

My Lords, talks are intensifying and we are working to secure a new deal with the EU. The Government remain committed to maintaining the relationship with the Commission on RASFF and TRACES, which will be a matter for the next phase of negotiations as required by the Commission. It is a government priority to maintain high standards of protection for human, animal and plant health.

[Lord Rooker (Lab)]

Has any Minister at all read the latest report on RASFF? The clue is in the title: “Rapid Alert”. There are 10 notifications around Europe every single day, some requiring action that day. This is a 28% increase on the year before, which was 2016. Do the Government accept that, because of the rapid information transfer, EU citizens have been protected from serious food safety risks caused by some very nasty bugs—examples of which are given—that can lead to hospitalisation and sometimes be fatal? A country is either inside or outside RASFF; there is no associate membership. Which Minister will take responsibility on 1 November for the inevitable increase in food-borne diseases and their consequences? This is not about trade; it could be life and death.

[Lord Gardiner of Kimble]

My Lords, as I said, that is precisely why the Government’s top priority is to ensure that the UK’s food remains safe. The noble Lord was a distinguished chairman of the Food Standards Agency, and he knows very well of its capacity and capability. That has been increased precisely because, whatever the scenario, it is essential that this country remains safe.

I agree with the noble Lord, and that is why, as part of the next phase of negotiations, we would like to retain access to RASFF—not only because it is in our interest but because we are the third-largest contributor to and participant in RASFF, as the noble Lord knows. We in this country contribute a lot to RASFF’s work, and that is why we are working on that. I assure your Lordships that keeping this country safe is hugely important. I take responsibility for that as the Biosecurity Minister, but for all Ministers, both in my department and in the Department of Health and Social Care, this is a prime responsibility and I am prepared to take it.

[Baroness Smith of Basildon (Lab)]

My Lords, I listened carefully to the Minister’s Answer, but I am not clear about exactly what the Government are doing. It is all very well to say that that is in the next phase of negotiations, but what if there is a no-deal Brexit? There will be no further negotiations and we will be out of the system. RASFF is not the only notification system: there are others as well. It would be helpful to this House if he could outline the exact steps the Government have taken, as well as why he feels so confident that he can give a 100% guarantee of assurance that our food will be safe.

[Lord Gardiner of Kimble]

I think we are all subject to 75 words, which is rather a problem.

This is why we have taken the steps to scale up our work with INFOSAN, which is 180 countries strong. New Zealand, Australia, Canada and the United States all participate in it. The FSA is scaling up with new expert scientific committees—as well as others—so that we can be assured that, with that expanded access to scientific expertise, the right advice can be given. New work is being undertaken to ensure that the risk assessment is finely tuned so that we are on top of things beforehand.

I am very happy to write to the noble Baroness with a response detailing why I believe that we have done everything we possibly can for all scenarios. Although I accept that RASFF is an excellent system, it will be in the next phase—to answer that question—as a requirement of the EU. A deal takes two parties, and the European Commission has said—the noble Baroness has got to hear me on this—that the discussion on RASFF and our access to it will be part of the next phase of negotiations. We are not in a position to insist.

[Lord Wallace of Saltaire (LD)]

My Lords, the Minister will be well aware the Prime Minister keeps telling us that the important thing is to “Get Brexit done”. As he talks about the next phase of negotiations, is he confirming that we will start a whole series of complex, messy and very long negotiations if we leave on 31 October, which will mean that Brexit will in no sense be done for some years to come?

[Lord Gardiner of Kimble]

I have no doubt that, as we have seen for the last three years, negotiations will not be straightforward. However, I have spent a lot of time in rural affairs and in rural locations talking to people and I think that, whether they voted to remain or leave, they want to get this done and move on to a domestic agenda. I cannot crystal ball gaze as to the length and time of further negotiations. Getting back to the Question, we think that RASFF has a lot of merit, clearly we would like a deal, and we think that we have a part to play in RASFF outside the European Union.

[Baroness Kramer (LD)]

What does the Minister consider to be the risks we face if we leave without a deal, are outside RASFF, new arrangements have not been negotiated, and there appears to be no substitute for the alert system? As the noble Lord, Lord Rooker, said, it identifies something like 28 dangerous bugs released into the food environment every day.

[Lord Gardiner of Kimble]

First, if food was sent to this country from within the EU, there is under European Union law a requirement that we would be notified. That is in place, and I have already said that the FSA is expanding its contacts and increasing our level of engagement with the International Food Safety Authorities Network, and scaled up the FSA’s capacity. Some 180 countries including New Zealand, Australia and Canada are involved. We have heard from them, and they are not complaining about the capability of INFOSAN.

Charities: Plastic Bag Charges

Lord Gardiner of Kimble Excerpts

Monday 9th September 2019 Lords Chamber

[Lord Hayward]

To ask Her Majesty’s Government, further to the answer by Lord Gardiner of Kimble on 17 July (HL Deb, col 232), how much income charities would have received since 17 July had a plastic bag charge on small and medium-sized enterprises been introduced.

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

My Lords, there is no legal requirement for businesses to donate the proceeds from the charge to charities; businesses are encouraged to donate. The Government’s proposals are at consultation stage and have always been due to come into effect in 2020. As such, charities have not lost any income from the charge. Our initial impact assessment estimates that small and medium-sized businesses, after deducting reasonable business costs, could generate approximately £59 million for good causes in the first full year.

[Lord Hayward (Con)]

I thank my noble friend for that Answer. Is it not the case that this charge could have been brought in much more quickly and, as a result, charities would have been beneficiaries of a substantial sum of money? At the same time, is it not the case that by delaying the introduction of this charge until 2020, under the revised figures expected under the revised impact assessment something like 1 billion plastic bags will be used in this country in the next six months which would not otherwise have been used?

[Lord Gardiner of Kimble]

My Lords, I have looked into this very thoroughly and I understand concerns about the time is it taking, but we are required under the Small Business, Enterprise and Employment Act 2015 to carry out regulatory measures and assess business impacts which are reviewed by the independent Regulatory Policy Committee. I know I am getting into the realms of Sir Humphrey, but it is about the detailed feedback on methodology. Given that this charge will affect every smallholder, market trader and charity shop, we are attending to the comments that have come back from the Regulatory Policy Committee. I would like to make progress, and we will do, but we have to go through the due processes. Also, the SI will be affirmative and that will take some time.

[Baroness Jones of Whitchurch (Lab)]

My Lords, the Minister referred to the issue of regulation with regard to the Small Business, Enterprise and Employment Act 2015, but the scope of that Act applies to all devolved nations, yet Wales, Scotland and Northern Ireland have already extended the plastic bag charge to small and medium-sized enterprises. What justification can there be for this? We are waiting only for England to catch up—everybody else has done it. Wales did it in 2011 and Scotland did it in 2013. It is now 2019. I would have thought that the scope of that Act would have allowed England to catch up by now.

[Lord Gardiner of Kimble]

The magnitude and quantum of the number of businesses that will be involved in England will, as I think everyone would agree, be much more significant. As I have said, we are working through the requirements as we understand and have been informed about them. The Regulatory Policy Committee has come back to us with detailed comments on the methodology. We have to receive a positive rating feedback from the RPC. We want to do that because we think there are significant benefits from increasing the charge from 5p to 10p and applying it to all retailers.

[Baroness Parminter (LD)]

My Lords, the Minister said that it is not compulsory for retailers to ensure that the money goes to charities. Last year, 40% of retailers did not say where the money went. Why is it not compulsory for the money to go to charities so that we can be sure that it is going to good causes?

[Lord Gardiner of Kimble]

My Lords, from the very outset, this was for businesses, and all businesses—taking away their business costs—were encouraged to donate to good causes. As I say, significant sums have already been given, but we should be mindful, particularly when we go on from larger to smaller business, that this will undoubtedly have to be for businesses. I was very interested to find that the House of Lords last year raised £283.21, and I am pleased to say that we are phasing out our plastic bags. This is the sort of quantum we are talking about. We will be dealing with very small retailers, which is why the noble Baroness hits on something that would be very difficult to enforce.

Peatlands: Commercial Exploitation

Lord Gardiner of Kimble Excerpts

Monday 9th September 2019 Lords Chamber

[Lord Teverson]

To ask Her Majesty’s Government what plans they have to end the commercial exploitation of peatlands.

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

My Lords, we have taken action to tackle domestic extraction of peat. The National Planning Policy Framework, published in 2012, ended the granting of new licences for peat extraction. We continue to focus on reducing demand for peat in horticulture in England, and on the uptake of alternatives. We are investing in research to overcome barriers to peat replacement. The forthcoming England peat strategy will set out our approach to speeding up progress.

[Lord Teverson (LD)]

My Lords, I welcome some progress in this area, but the Minister will know that our peatlands hold the equivalent, or a carbon sink, of something like 20 years of industrial emissions. Although I welcome things such as the peat restoration programme, surely it is better that they are not destroyed in the first place than that they need to be reconstituted? The voluntary process for reducing the commercial use of peat is not meeting its target, so when are we going to have mandatory targets that end the use of peat for commercial reasons?

[Lord Gardiner of Kimble]

My Lords, I sympathise with all that the noble Lord has said. That is why we are working on recovery plans. Amateur gardeners account for two-thirds of the peat being used. We have to reduce our use of peat and go for peat-free products. I read of one that incorporates wool and bracken, for instance. We are working with industry; I am very pleased that Kingfisher, one of the big retailers, is moving towards peat-free compost. That is how we must all proceed in reducing the use of peat and restoring what we have. It is vital to our environment.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, building on that Answer, amateur gardeners find it very difficult to get high-quality compost that does not contain peat. Can the Minister expand a little on what the Government are doing to get retailers not only to stock less peat-based compost—ideally, none at all—but to be more informative about the price that the environment is paying for the quality of the compost that they are selling?

--- Later in debate ---

[Lord Gardiner of Kimble]

As an amateur gardener, I agree with what the noble Baroness has said. It is precisely why we have embarked on a £1 million project, which ends at the end of this year, co-funded by the Agriculture and Horticulture Development Board, with growing-medium manufacturers and commercial growers. It is being undertaken by ADAS and the Quadram Institute. The results so far are very promising. Some of the new mixes have proved very successful, and that must be the way forward. Clearly, we need to produce different materials if we want ericaceous compost for seeds and all the different components of agriculture, but the results so far are promising, and that is how we must proceed.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend perhaps display a greater sense of urgency, considering that it takes 200 years to create a peat bog? Since there are flood prevention schemes, such as the Pickering pilot scheme, will the Government ensure that peat bogs are created as part of such restoration schemes and will they form part of the land management system under the eventual agriculture Bill?

[Lord Gardiner of Kimble]

Undoubtedly, peat bogs and fens help with flood management and improve water quality. Indeed, they play a considerable part in climate regulation, which is why in the wider research beyond what I have already described we are funding research into mitigation strategies—for instance, for lowland peatland. This research is being led by the Centre for Ecology & Hydrology. One of the things, of course, is not to let peat dry out.

[Lord Clark of Windermere (Lab)]

My Lords, the problem is much wider than compost. Flora and fauna are being drastically affected. For example, the numbers of the iconic bird of the upland in summer, the curlew, have fallen dramatically because, without the peat bogs, they find it difficult to feed, in spite of their long beaks. Will he draw that to the attention of the agricultural civil servants in his department?

[Lord Gardiner of Kimble]

My Lords, the noble Lord is absolutely right. The merlin, the dunlin and the golden plover are all birds that are also significant in their impact on the ecosystems and important in the peatlands. That is precisely why we want to concentrate on restoring peatlands and reducing peat extraction. Interestingly, the worst damage is being done in the lowland areas of peatland.

[Lord McColl of Dulwich (Con)]

My Lords, why do we not go back to using manure, which was very effective?

[Lord Gardiner of Kimble]

My Lords, being a farmer as well as an amateur gardener, I say that manure by itself would be a little too rich for some of the seedlings which we all need to prosper, but my noble friend is absolutely right about using compost and manure. Using them in the right mix and getting the right alternatives—natural alternatives such as wool and bracken—is the way forward.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, specifically on commercial peat extraction, as my noble friend Lord Teverson said, this is causing irreversible damage to some of the most historic and vulnerable nature conservation habitats and environments, so 2030 is too late to tackle this problem. Wonderful wetland habitats are being created from previous peat workings, such as at Westhay Heath. Why are the Government not doing more to promote such schemes to preserve more wildlife habitats?

[Lord Gardiner of Kimble]

My Lords, I am pleased to say, as I think I may have said before, that we have already allocated £10 million to restore nearly 6,500 hectares of degraded peatland. These projects started last year and are due to complete in 2020. They are about raising the water table and re-wetting peat, along with the revegetation of bare peat. A lot of work is going on and we absolutely recognise that we need to roll these large-scale projects out more widely.

[Lord Grantchester (Lab)]

My Lords, what work—and to what conclusion—has the Minister’s department undertaken on the application of a carbon tax on sales of peat?

[Lord Gardiner of Kimble]

My Lords, obviously, that is a possible action, but we want to find the alternatives that will make the use of peat redundant and unnecessary. Peat is a very important natural resource that we need for our ecosystems, which is why we want to pursue that route. However, the noble Lord is right: in the end, if we cannot get it done through this voluntary approach, we will have to look at all eventualities. That is where, with the peat strategy, we will need to be determined to improve the peatland situation.

Brexit: Food Standards

Lord Gardiner of Kimble Excerpts

Wednesday 4th September 2019 Lords Chamber

[Lord Carrington]

To ask Her Majesty’s Government how they will ensure that food imports after Brexit meet the same animal welfare, environmental and food safety standards as those required of food from British 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. This country has high food safety standards, and these will continue. We will remain global leaders in environmental protection and animal welfare standards, maintaining our high-quality produce for British consumers. The withdrawal Act will transfer on to the UK statute book all EU food safety, environmental and animal welfare standards. Our current high standards, including import requirements, will apply when we leave.

[Lord Carrington (CB)]

My Lords, I also declare my interests as a farmer, as in the register, and thank the Minister for his reply. The Government have consistently said that they will not allow our food standards to be undermined by future trade deals, such as that proposed with the United States of America. This is reassuring, but regardless of any future trade deals, how do they propose to do this in light of the no-deal applied tariff schedule published last March? That would mean slashing tariffs on many agricultural goods, to zero in the case of eggs and cereals. How will the Government keep out goods produced to lower standards, especially as to do so on grounds of animal welfare and environmental harm would almost certainly breach our obligations under the WTO terms?

[Lord Gardiner of Kimble]

My Lords, as I referred to briefly in my opening remarks, we will retain all current UK import requirements. Existing UK import standards will apply. The level of a tariff does not change what can and cannot be imported. WTO rules allow WTO members to adopt and maintain trade-restrictive measures on specified public policy grounds, including the protection of human, animal and plant life and health, public morals and conservation.

[Lord Stevenson of Balmacara (Lab)]

My Lords, surely the question here is why the noble Lord did not respond to the point about tariffs. It is the tariffs that will destroy farming activity in this country, because the exports will be open to others, as currently arranged, and the costs will be passed on to consumers. Why have the Government not brought forward the statutory instruments required to put these in place?

[Lord Gardiner of Kimble]

My Lords, perhaps I am the one who is confused. I have made it absolutely clear that all the EU import requirements will remain, irrespective of the tariff regime. The noble Lord shakes his head but that is the truth. It will be the law. All the EU import requirements will continue and that is the precise point I am making. This is why the consumer is secure. All of these elements cannot be imported unless they have the standards currently in place.

[Baroness McIntosh of Pickering (Con)]

My Lords, my noble friend will recall that a government amendment in the name of my noble friend Lady Fairhead was carried enhancing just these protections in the Trade Bill, which is currently still before the House of Commons. What is the fate of that Bill for rollover agreements? If it falls, will the Government be minded to ensure that this will be part of government policy?

[Lord Gardiner of Kimble]

My Lords, the first part of my noble friend’s question might be above my pay grade, but I am absolutely clear—this is government policy—that all the requirements we are taking over will continue, including, as I emphasised, all the import requirements, whether for products of animal origin or high-risk, non-animal origin products. I have a long list of them. That is precisely why I believe we will continue with our very high standards.

[Lord Clark of Windermere (Lab)]

My Lords, I will pursue the issue of the WTO regulations. I am advised that the WTO says that there will be no tariffs on agricultural products. Have the Government had proper legal advice that that will not apply to the UK if we leave without a deal and that it certainly will not apply to us in relation to the United States?

[Lord Gardiner of Kimble]

My Lords, particularly with animal welfare and agriculture, legal requirements that prevent the import of certain animal products will continue. Indeed, that is justified under Article XX of GATT. All imports of meat products must meet UK animal welfare slaughter requirements and come from an approved slaughterhouse. The Government have made it clear that the existing health and food safety restrictions on hormone treatment, antibiotics and chlorinated chicken will remain in place.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, given the plethora of health identification marks that will be needed for food products of animal origin should the UK exit the EU without a deal, there is considerable concern about the impact this will have on small farmers and producers. The larger conglomerates will manage, but the smallholders will struggle. What are the Government doing to ensure the public and farmers are protected from this confusion?

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, obviously, as policy develops in future Parliaments and so forth, it will be very important, indeed essential, to look at labelling. We want, and it is our duty, to make sure that labelling is transparent and that the consumer knows what is required. We want to work with farmers on this—we want it to be a success for farmers, producers and consumers. That is why, as I said, the Government will be looking at vulnerable agricultural sectors and others, because small farmers—farmers of all sizes—are hugely important to our excellent food production.

[Lord Rooker (Lab)]

Did the Minister not admit in this House some months ago, notwithstanding what he said, that animal products, particularly eggs, that do not meet our standards will be on sale in this country? He said, “Oh, they’ll be labelled to say they don’t meet our standards. They’ll be cheaper than ours, but they don’t meet our standards”. Does he now resile from what he told the House back in the summer?

[Lord Gardiner of Kimble]

I know what the noble Lord is referring to. Indeed, in my letter to him of 8 May, I made very clear the distinction between all the elements we are bringing over on sanitary requirements for eggs and marketing standards. That is the precise point: we will mirror everything to do with the sanitary and marketing standards that are currently in place during our membership of the EU. At the moment, eggs under marketing standard requirements can come into the EU, but if they are not up to the marketing standards—not sanitary standards—they have to be marked as “non-EU standard”. We will mirror that by marking them as “non-UK standard”.

Wild Animals in Circuses (No. 2) Bill

Lord Gardiner of Kimble Excerpts

3rd reading (Hansard): House of Lords
Tuesday 23rd July 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the Bill do now pass.

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

My Lords, in moving that the Bill do now pass I wish to express my gratitude to all noble Lords for their interest in the Bill and for their thoughtful—and sometimes challenging—contributions. I am grateful for the positive engagement and support from the noble Baronesses, Lady Jones of Whitchurch, Lady Bakewell of Hardington Mandeville, Lady Parminter and Lady Jones of Moulsecoomb on the Opposition Benches.

This Bill was a manifesto commitment of my party. While support from across the House has been notable, I have been struck by the level of scrutiny which your Lordships have devoted to the Bill—and rightly so. I also place on record my appreciation of Defra officials and all those who have assisted this Bill to, I hope, its successful conclusion.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister and his civil servants for the considerable support and help they have given us during the conduct of this Bill. Indeed, the Minister showed considerable patience and skill in addressing our concerns and steering the Bill through to what we all felt was a speedy conclusion. Banning wild animals in circuses has been a policy of our party for some time, and I am very pleased that we were able to play a part in guiding the Bill towards the statute book before the Recess. So I very much echo the thanks of the Minister and will just add that, whatever happens in the coming days, I hope that he will be in his place in the autumn. From our side, we certainly feel that he deserves it.

Textiles and Clothing Sectors: Environmental Sustainability

Lord Gardiner of Kimble Excerpts

Monday 22nd July 2019 Lords Chamber

[Baroness Jones of Whitchurch]

Baroness Jones of Whitchurch to ask Her Majesty’s Government what steps they are taking to improve the environmental sustainability of the textiles and clothing sectors.

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

My Lords, we are working with WRAP and the industry through the Sustainable Clothing Action Plan to reduce the industry’s carbon emissions, water usage and waste. Recently we launched a £4.7 million grant scheme to support innovation in plastic and textile recycling. We are also undertaking the necessary research to develop an extended producer responsibility scheme for textiles. To drive the market towards durable, repairable and recyclable products, we are developing proposals on regulatory standards and labels.

[Baroness Jones of Whitchurch (Lab)]

I thank the Minister for that reply, but does he share my concern about the huge environmental impact of throwaway fashion trends? In the UK, we buy more clothes per person than in any other country in Europe—five times what we bought in the 1980s—and we have created 1.3 million tonnes of waste. At the same time, textile production creates 1.2 billion tonnes of carbon every year—more than aviation and shipping combined. What are the Government doing to educate consumers to act more sustainably and wear their clothes for longer, and why do they not make textile producers pay for the environmental cost of materials that cannot be reused, repaired or recycled?

[Lord Gardiner of Kimble]

My Lords, that is precisely why it is very important that the Sustainable Clothing Action Plan, which includes 60% of those involved in the clothing industry in this country, bears fruit. There has already been an 11.9% drop in carbon per tonne and a 17.7% drop in water per tonne of clothing. We need to ensure that that is our direction of travel, and it is why I mentioned labelling. Clearly, most consumers want to do the right thing. I find fast fashion a strange concept, in so far as I am not a good example of it. I think we should use clothes for longer and repair them, and I am in the market for knowing where my shirts can be repaired.

[Lord Kirkhope of Harrogate (Con)]

My Lords, for many years I had the privilege of representing Yorkshire as an MEP, including the wonderful city of Bradford, which is also well represented in this Chamber. I was disappointed by the way the textile industry was reduced over time, but I am encouraged by my noble friend’s remarks, particularly as the most sustainable fibre available in the textile industry is wool, as I am sure he will agree. As we look ahead, and as the sheep industry is in need of more assistance, does he accept that this Government and future Governments should encourage the use of wool? Finally, will he commend with me the work of Bradford College, which is currently carrying out research into this very matter?

[Lord Gardiner of Kimble]

My Lords, I am a great fan of wool and of pastoral farming. When I was at the Hampton Court flower show, I saw the latest compost made, without the need for peat, from bracken and wool; that great product has many important qualities. I am delighted that Bradford is leading the way but we also need behaviour change. I was intrigued to discover that if we lower temperatures in our washing, we will reduce the CO₂ emissions quite considerably. There are a lot of things we can all do to play our part.

[Baroness Benjamin (LD)]

My Lords, when I was young, my mother decided we should move to Beckenham in Kent because we would get the best healthcare, the best education and the best jumble sales. The dress I am wearing is over 50 years old; I bought it in a charity shop. It was made in Britain of high-quality material—that is what you call recycling and sustainability. Should the Government not encourage the fashion industry, both retailers and customers, to invest in high-quality British-made clothes, perhaps by considering a levy on cheap, throwaway garments made in sweatshops abroad, which end up in landfill?

[Lord Gardiner of Kimble]

My Lords, we must work to ensure that the worst of the waste hierarchy, landfill, is not where our clothes go. I have to say that it cannot be many years ago that the noble Baroness moved to Beckenham; certainly, we need to pay more attention to words such as “reuse” and “second-hand” over fast fashion; I find the ridiculous number of clothes that are used only once absurd. We need to bear down on this. It is about consumer behaviour as well as industry behaving responsibly. We want to work to extend that responsibility, for that very reason.

[Baroness Meacher (CB)]

My Lords, we need action on textiles, yes, but we will never rescue this planet unless we repair the huge damage already done. Will the Minister meet me to discuss the urgent need for government funding for the remarkable Centre for Climate Repair, run by Sir David King? It is developing a scientific method to reverse the melting of the ice caps and the damage to ocean surfaces, to name just two of its workstreams. Without these developments, we will not succeed.

[Lord Gardiner of Kimble]

I would be honoured and intrigued to meet the noble Baroness with whoever she suggests. The reason I say this is that science and innovation will help us enormously—investment in them will help us across the piece.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, I declare an interest as my son is an educator and campaigner for sustainable practice in the fashion industry. Is the Minister aware of the initiative recently launched in France, supported and spearheaded by the President—a “fashion pact”, which is currently engaging high-end retailers and brands to change their practices to reduce the impact of this industry on the environment? In what ways does he think the incoming Government—of which I very much hope he will be a member—will be able to ensure that, once we have left the European Union, we do not lose such an initiative, which will keep us aligned with our partners and friends in Europe?

[Lord Gardiner of Kimble]

My Lords, whatever happens with our arrangements, we should have the ambition in this country to be absolutely world-leading. We were the creators of the Industrial Revolution; we now need to play our part in dealing with some of the issues which that great success produced for us and for the world. Sustainability of textiles is important. Yes, we should learn from the French example—and from all examples from around the world about how we become more sustainable as a planet, creating a more circular economy and a more successful life for future generations.