Ivory Bill

Lord Gardiner of Kimble Excerpts

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 10th September 2018 Lords Chamber

[Baroness Jones of Whitchurch]

My Lords, I understand what the noble Lord, Lord Cormack, is trying to achieve but, with the best will in the world, I am not sure that it is practical. If an item is important enough to be passed down through inheritance to another family member, it is also important that the new owner has an up-to-date registration certificate for it.

The Bill requires that if there is a change of owner a fresh application should be made to register the item. This is important because it will ensure that the registration system has an up-to-date record of the name of the owner and their contact details and so on. Without this change of ownership recorded on the register, we are concerned that confusion might arise as to who has the legal obligations of ownership spelled out elsewhere in the Bill. If an item appears on the market or if it is suspected of being a forgery, the enforcement officers will not know whom to contact to clarify the position.

I am trying to give the noble Lord something to be cheerful about but I do not think that this is the way to go about it. I do not think an automatic transfer of an item and the registration certificate would work without the associated paper trail to show the current ownership.

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

My Lords, the intention behind my noble friend’s amendment is to provide that a person who inherits a registered ivory item from a family member would not need to reregister it under Clause 10, regardless of whether he or she intends to deal in the item themselves. Clause 11(2) places duties on a registered owner to notify the Secretary of State when he or she becomes aware of any relevant information relating to the registered item becoming invalid or incomplete. A person inheriting a registration in an ivory item would therefore be subject to this duty at the point he or she became responsible for the registration. I think the noble Baroness, Lady Jones of Whitchurch, outlined very compelling reasons. If a person inheriting or taking possession of an ivory item is unaware that the item is registered, the Government would expect that person to decide whether he or she wants to sell or hire the item and to register it accordingly.

The main point I want to reference is that we are working extremely hard with all concerned to ensure that the self-registration of ivory items will be straight-forward and as simple as possible for those expected to use the registration system. For the security of the next generation in ensuring the item is as it should be and is properly registered, I am very sorry to have to disappoint my noble friend. It is in the interest of the next generation that we have the provisions for the points that the noble Baroness, Lady Jones of Whitchurch, outlined rather better than I have. On that basis, I respectfully ask my noble friend to withdraw his amendment.

[Lord Cormack]

I am sorely tempted to divide the House. I say to my noble friend that all you need is a simple form that informs that the new owner is by inheritance the Marquess of This or Mr That. That is all that has to be done. You do not have to go through a whole paraphernalia of reregistering. That is what I am against. I hope we can come up with a formula, my noble friend and I, which will be acceptable on Report. With that hope, which is almost certainly a vain one, I beg leave to withdraw the amendment.

Ivory Bill

Lord Gardiner of Kimble Excerpts

2nd reading (Hansard): House of Lords
Tuesday 17th July 2018 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the Bill be now read a second time.

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

My Lords, I should declare at this juncture that I have a small number of ivory objects, which I was given many years ago and have no intention of selling.

The legislation has a vital purpose: this country will play its part in helping to save the elephant from extinction. We are showing leadership—the ban on the sale of elephant ivory objects of all ages, with only limited exemptions, will be the strongest in Europe and among the strongest in the world.

The numbers are stark. About 20,000 elephants are killed for their tusks every year—that is around 55 each day. To put these figures into context, since 2006, the total number of elephants in Africa has decreased by some 21%, with numbers of savannah elephants declining by 30%—equal to 144,000 elephants—between 2007 and 2014 alone.

The human cost is real too, with over 100 rangers dying in one year between July 2016 and 2017. UN reports recognise the link between wildlife and arms trafficking in central Africa, with illegal wildlife trade—IWT—helping to finance armed groups, including the Lord’s Resistance Army. Environmental crime, which includes IWT, is the fifth most lucrative serious organised crime. IWT alone is worth up to £17 billion per annum, fuelling corruption and instability, and devastating animal populations.

That elephants now face the prospect of being wiped out by criminality and, I am afraid, by plain avarice, is simply unacceptable. But such a tragedy is not inevitable. We have an opportunity, and a duty, to be part of international efforts to change this course. In 2014, we hosted the London Conference on Illegal Wildlife Trade, where the UK secured ambitious agreements from more than 40 Governments and the EU to take urgent, co-ordinated action to combat IWT. I pay tribute to my noble friend Lord Hague of Richmond for his pivotal role in this.

Since then, an even clearer international consensus recognises that IWT is a global crisis in need of global solutions. In April this year, the 2018 G7 communiqué committed members,

“to working together to strengthen … law enforcement and tackle associated corruption”,

and closing illegal demand markets, “including elephant ivory”.

We know that the illegal wildlife trade must be tackled by sustained action across many fronts. Indeed, the UK has committed £26 million on efforts to combat IWT, including supporting 61 projects around the world under the IWT Challenge Fund. We are training anti-poaching African park rangers and sharing Border Force expertise in key demand states, such as Vietnam. We are providing funding to Interpol and the International Consortium on Combating Wildlife Crime to support their global enforcement operations. We are supporting projects to provide alternative sources of income to local communities in key poaching areas, and to identify and disrupt illicit financial flows linked to IWT.

While this is indeed a global crisis, the effects are felt most acutely in some of the world’s most vulnerable communities, particularly in Africa. IWT not only helps to drive corruption and undermine the rule of law, but has a crippling effect on nascent wildlife tourism and other opportunities for sustainable development.

African states cannot, and should not, be left to tackle IWT in isolation. They have called on the international community to help, and to recognise that this includes closing down markets which help to fuel poaching. In March this year, the Presidents of Botswana, Gabon and Uganda joined 29 other African elephant range states in signing a petition to urge the EU to close its ivory markets. The United States and China have already closed theirs; Hong Kong and Taiwan, two critical demand markets, are in the process of doing so. All recognise that reducing demand is a critical part of a comprehensive response to the crisis.

The government consultation on ivory received over 70,000 individual responses, of which the overwhelming majority—some 88%—favoured an ivory ban. We have worked extensively with conservation NGOs, the arts and antiques sector, and the musician and museum sectors to help shape this Bill. Your Lordships will be aware that there are already restrictions on the trade in post-1990 ivory under the Convention on International Trade in Endangered Species—CITES. The EU has gone further in banning the export of raw ivory. We need to go further. Elephants are still being poached and killed for their ivory at unsustainable rates. Record quantities were illegally traded in 2016.

The UK has a world-renowned arts and antiques sector and one of the world’s largest markets for antique ivory. Under existing legal restrictions, in the UK only items of, or containing, ivory which have been worked before 1947 can be sold without a permit. But it is extremely difficult to differentiate legal from illegal ivory, meaning that legal markets can be used to “launder” new ivory sourced from recently killed elephants. Indeed, UK Border Force has seized many ivory items that had been artificially aged, often through such crude but effective means as staining them with tea.

The UK is one of the largest suppliers of “legal” ivory items to the world’s ivory markets. The majority of this goes to east Asia, where demand is the highest. According to TRAFFIC—the wildlife trade monitoring network founded by the International Union for Conservation of Nature and WWF—between 2005 and 2009 the number of ivory items exported from the UK to mainland China was 2,000. Between 2010 and 2014, that number had increased to about 11,000. In 2010 a UN Office on Drugs and Crime report concluded that,

“the trade in illicit ivory is only lucrative because there is a parallel licit supply, and ivory can be sold and used openly. Ivory would lose much of its marketability if buying it were unequivocally an illegal act, or if ownership of these status goods had to be concealed”.

This is not about casting judgment on those, including previous generations, who may have been ignorant of the destructive impact of the ivory trade, but it is a clear-sighted assessment of the facts as we find them: the rise in demand for ivory in east Asia; the increasingly organised nature of poaching operations; and the catastrophic impact on animal populations and vulnerable communities. We simply cannot claim to be ignorant any more. We can act and we must.

The Ivory Bill will introduce a total ban, with narrow and limited exemptions, on commercial activities involving ivory in the UK that could be directly or indirectly fuelling the poaching of elephants. By closing the UK ivory market to all items containing ivory, except those that meet narrow exemptions, we will remove the financial value from ivory, reduce the opportunity for new ivory to be laundered through legal markets, significantly reduce the flow of ivory from the UK to overseas markets, and encourage other countries to take similar actions. The Bill will not affect the ownership, inheriting, donating or bequeathing of ivory items where this is currently allowed.

The exemptions are as follows: de minimis—items with an ivory volume of less than 10% and which were made prior to 1947; musical instruments with an ivory content of less than 20% and which were made prior to 1975; picture portrait miniatures produced prior to 1918, with a maximum surface area of 320 square centimetres; and items which are the rarest and most important of their type. This covers pieces made of, or containing, ivory produced prior to 1918 that are assessed by an independent advisory institution as of outstandingly high artistic, cultural or historical value.

The fifth category of exemptions covers museums: specifically, commercial activities, including sales, loans and exchanges to, and between, government-accredited museums—that is, museums which meet the strict accreditation criteria of Arts Council England or equivalent bodies in the devolved Administrations. There is no intention for this ban to affect the display of historic, artistic and cultural items to members of the public by accredited museums.

The Government have created a compliance and enforcement regime which is both robust and proportionate. Owners will have to register their item before they can sell it. Ivory owners will need to confirm that the item falls within the scope of a particular exemption. They will need to confirm, for example, that the item has less than 10% ivory by volume and was made before 1947. This will mean that owners need to consider carefully whether the item is exempt before it can be sold. This will also make enforcement of the ban easier, as it will be an offence to sell an unregistered item. This will not be unduly bureaucratic or burdensome: we are developing a new IT system to facilitate the process. This register will ensure security for both the buyer and seller.

It will be an offence to breach the ban on commercial dealing in ivory items. This offence can be committed in three distinct ways: by breaching the ban directly; by causing the ban to be breached; or by facilitating a breach of the ban. It is a defence to show that one took all reasonable precautions and exercised all due diligence to avoid committing the offence. Any ban is only as strong as its enforcement. Breaches will be liable to either civil or criminal penalties, meaning that enforcement bodies will have the flexibility to apply the most appropriate penalty, depending on the severity of the offence. Criminal sanctions for failing to adhere to the ban will be entirely consistent with existing offences concerning ivory under the Control of Trade in Endangered Species Regulations. Those found guilty of a criminal offence under these measures may be liable to an unlimited fine and/or a maximum prison sentence of up to five years. Civil sanctions will consist of stop notices, monetary penalties, enforcement under- takings and enforcement cost recovery notices. The Office for Product Safety and Standards, which is part of the Department for Business, Energy and Industrial Strategy, will be responsible for ensuring compliance, investigating breaches and issuing civil sanctions; the police will be responsible for criminal sanctions.

The Ivory Bill is a proportionate response to curtail the demand for ivory, in our continued fight to save the elephant from slaughter in the wild. Our country is showing leadership, in a co-ordinated international response to the crisis. In October, we will host the fourth IWT conference, once again convening international partners to urge further decisive action. The Ivory Bill has a critical role to play. The nations with most at stake have sought our help. The Bill will help protect elephants of the present and future. That is surely our generation’s responsibility. If we do not tackle this, we will lose the elephant in the wild. That would be an abdication of our duty to the natural world and I believe that future generations would rightly ask, “How on earth did you let this happen?” I beg to move.

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, this has been an exceptional debate and we have heard from noble Lords with direct knowledge of events in Africa where the elephant is being slaughtered in unsustainable numbers. I want in particular to pay tribute to my noble friends Lady Chalker of Wallasey and Lord Hague of Richmond, who have been so instrumental in doing a great deal for the interests of communities in Africa. I pay tribute also to the noble Lord, Lord Clement-Jones, on his experiences. I do so because I believe strongly that if our generation does not act now, it will be too late. I should also say, given the many questions put to me and the many notes I have received, that your Lordships would be sitting for a very long time if I were to answer every single question. A comprehensive reply to all the comments that have been made will of course follow this debate. I have the answers to almost all the points but, in the time available, it will not be possible to do them justice.

I shall turn immediately to an issue raised by a number of noble Lords, which is that of heritage in terms of natural heritage, as outlined by the noble Baroness, Lady Flather, in relating her experiences of the elephant, and indeed how we would rob some of the world’s poorest communities of their natural resources and deprive us and future generations of this extraordinarily inspirational creature. I am also most grateful to the noble Baroness, Lady Jones of Whitchurch, for expressing her support for government initiatives, a number of which were referred to by my noble friend Lady Fookes. Through the IWT Challenge Fund, we have been supporting projects around the world to engage local communities in conservation, to enhance human/wildlife coexistence, and to strengthen community involvement in helping to tackle crime. These are the communities that are being impoverished by this trade, and it is others around the world who are enriched by it. I was also struck by what my noble friend Lady Rawlings said about the British effort, and obviously I am really pleased that our gallant forces in the military have been helping in Gabon and Malawi to deal with poachers.

As I mentioned earlier—and as the noble Lord, Lord Clement-Jones, will know through his close association with the Giants Club—the summit held in Botswana in March this year reflected the unity among the political leaders of the four countries that hold half of Africa’s remaining elephants. At that summit, the Presidents of those four countries signed a petition that called on the EU and by extension its member states to shut down their domestic markets, end all ivory exports and support efforts to ban the global ivory trade. They join 28 other African nations as signatories to the petition. That is an extraordinary request from the continent of Africa where these wonderful creatures are, and we must respond.

A number of points were made about other species. I want to deal with those immediately by saying that it is absolutely the Government’s intention to launch a consultation seeking views and evidence for extending the definition of ivory on or as soon as practicable following Royal Assent to the Bill. There are reasons for that. We have already taken a power in the Bill to allow the Secretary of State to extend it to cover other ivory-bearing species through regulation, and the power taken extends from applying only to ivory-bearing species listed under CITES to any ivory-bearing species. Obviously the noble Baroness, Lady Jones, and I can exchange legal opinion, but in the end it will be the Secretary of State and this Minister who will have to sign the certificate, which as noble Lords know is part of our ministerial responsibilities. The legal advice we have is that we must consult, and we will do that as soon as possible. However, I am happy to have sight of any legal opinion referred to by the noble Baroness, but that is the legal advice we have received, and in the end it is for Ministers of the Government to sign the certificate as a matter of compliance, as one would expect.

A number of issues were raised about the ban and the country’s place in it. I was very struck by my noble friend Lord Hague’s reference to China, saying “Well, when are you going to do something about this?” Indeed, it is important to know that whatever noble Lords may say, ivory will not be a symbol of luxury anymore. We have sought a balance between absolutely curtailing and snuffing out demand, and having the exemptions that we have decided are proportionate. However, the balance in this legislation will always be that living creatures are the most important priority.

I am very glad that my noble friends Lady Rawlings and Lord Crathorne spoke about the exemptions and the rationale. I assure your Lordships, particularly my noble friends—and they are my noble friends—who have expressed the concerns of the antique trade, museums and musicians, that we have had considerable discussions with those sectors. If time permits, I will read out some of the quotes that we have had from the antique sector and musicians, who expressed some surprise that we have reached such exemptions and that the conservation NGOs think that they are proportionate. Indeed, they have expressed surprise; they thought that they were in a position where they can manage the situation.

I say to my noble friends that getting this right is our priority, but we have this Bill because of the slaughter of an animal that will be extinct in the wild unless we do something demonstrable. Neither I nor the noble Baroness, Lady Jones of Whitchurch, is saying that there is a connection. As I said in my opening remarks, to which my noble friend Lord Hague of Richmond referred, a UN Office on Drugs and Crime report made it absolutely clear that,

“the trade in illicit ivory is only lucrative because there is a parallel licit supply”.

That is the challenge we must take on with the demand for ivory, particularly in east Asia. The figures that I have expressed to your Lordships show that the amount of ivory going from this country to Asia has been increasing, not decreasing. We need to deal with that. I want to make it very clear that we have sought a balance that we think is proportionate. I will be very pleased, both in writing and in further stages of the Bill, to explain our rationale.

We had 70,000 responses from individuals and even more from campaigning organisations. The strong message was that we should have a comprehensive ban. We thought that having these exemptions was proportionate because we were persuaded that they would not fuel the demand that we must snuff out. As we have said, it is clear that the restrictions go beyond the CITES requirements on restrictions for post-1990 ivory. We have also gone further than the EU precisely because our lead is being looked at by other countries. This is not about some sort of gesture; it is about leadership and saying that this trade must stop. We must do everything we can to stop it. I am clear that we have been, and will remain, resolute. I understand that the function of this House is to scrutinise and improve, but we have sought to do what we can to find the right balance in these matters.

A number of noble Lords made points about online issues. I want to make it absolutely clear that this legislation takes enforcement extremely seriously. We intend the Animal and Plant Health Agency, the Office for Product Safety and Standards and the police to have access to registration systems, take spot-checks of registrations and carry out any necessary enforcement action. This will be clearly online as well. We want to ensure that the offence of facilitating a breach of the sales ban is specifically designed to capture online sales fora and, for instance, the use of traditional media, such as newspapers. Furthermore, Clause 34 ensures that we can charge a particular person within a corporation responsible for a breach so people cannot hide behind their company.

There was another point made by the noble Lord, Lord Grantchester, and my noble friend Lord Selkirk. I have seen the programmes that my noble friend’s kinsman, and his daughter Saba Douglas-Hamilton, have produced. We owe them a profound debt of gratitude for what they have done to highlight the nature of elephants and how we can better protect them.

We also need to take the opportunity to acknowledge the people who have died because of seeking to prohibit the poachers from doing their dreadful deeds. Let us remember that, when we are talking about these objects, we are talking about human beings and animals that have died because of this, and I think that is the perspective in which we should look at it.

Clearly, we do not want to make unnecessarily draconian pieces of legislation; that is why the defence of ignorance is there to be proportionate so that the standards used determine whether someone has acted reasonably, and it will clearly depend on the circumstances of the accused.

Also, we want to make it clear—I paraphrase because my notes are not quite in order—that the whole point about having civil and criminal sanctions is precisely because we realise this is a new piece of legislation, and we understand that there will be different elements of criminality in terms of the sorts of gangs, organised crime, and billions that are involved. Regarding the amount of the fine that my noble friend Lord De Mauley referred to and the five years that my noble friend Lord Crathorne talked about, this is not about the person who has, by some mistake and completely with ignorance, sought to put a piece on the market. This is precisely because we need to get at the organised gangs who, in the end, want to receive the ivory from wherever it may be. This is why we have sought in our package—and, yes, it is a package and it is a balance—to make sure that civil sanctions and criminal penalties are done properly through the police, where that is required.

I say to my noble friend Lord Inglewood and the noble Earl, Lord Kinnoull, that I am absolutely seized of the fact that we want the registration system to be as bureaucracy-free and straightforward as possible. That is why we were working on an IT system that will not be burdensome and that—as it is based on a cost-recovery basis—is intended to be small. We want to have this non-bureaucratic system. We will also run an awareness campaign to ensure that potential buyers and sellers understand what is required. Again, this is intended to give safety and security to the seller and the buyer. That is the whole purpose. We are absolutely clear that the purpose of this legislation is to stop the demand in ivory, with certain exemptions. That is why it will be rigorous, but the registration for the first three exemptions will be through means which we think are not bureaucratic or burdensome. I shall write to my noble friend Lord Crathorne on his queries. However, I should say now that there are distinct reasons for the particular dates that we chose. It is 2018 now, so we thought that 100 years ago—1918—was a suitable choice.

The noble Lord, Lord St John of Bletso, referred to a guide to the Bill’s application. The Government will publish guidance on various aspects of the Bill to ensure it is implemented effectively. My noble friend Lord Selkirk asked whether enforcement will be adequate and exemptions not exploited. We will ensure that they are robust—they have to be, because that will underpin the success and effectiveness of the ban. I give credit to the police, the National Wildlife Crime Unit and the Border Force for what they have done to date in tackling this abhorrent crime. Our proposals will go further than the current regime. We will also nominate a regulator to enforce this ban, alongside the police and Border Force.

The noble Lord, Lord Clement-Jones, asked about the rarest and most important items. We intend this to be applied on a narrow strata of items considered, on the advice of expert assessors, to be of outstandingly high artistic, cultural and historical value. I agree with my noble friend Lord Crathorne that this is subjective but that is why we are asking experts to do that exemption, which we think is valid and is the right way forward. We did not think that a total ban was the right thing for these objects. We reached that position because we thought that this was a sensible arrangement. We therefore will be looking to experts to help us.

There were a number of questions about music and musicians. Owners of instruments containing ivory will need to register their instruments only if they wish to sell them or to engage in other commercial activities, such as hiring them out. Musicians wishing to take their instruments overseas for concert tours will not require registration, but must adhere to existing CITES regulations. My officials have received a copy of the Musicians’ Union briefings and will be happy to respond in writing or to meet it. The noble Lord, Lord Berkeley of Knighton, mentioned Professor Jonathan Freeman-Attwood. I have to declare an interest in that he played at my wedding, so I know the professor rather well. But regarding this exemption, Paul McManus of the Music Industries Association has said,

“we are extraordinarily grateful that this exemption has been considered at all”.—[Official Report, Commons, Ivory Bill Committee, 12/6/18; col. 49.]

We have gone as far as we can.

I am obviously very clear and conscious of what the noble Baroness, Lady Quin, said about the Northumbrian pipes. I agree with the noble Baroness, Lady Jones of Whitchurch. I would obviously always be happy to see the noble Baroness, Lady Quin, but we have these exemptions and we have got as far as we have with them. I will obviously meet her but we have had to find some definitions for these exemptions.

[Baroness Quin]

I hope that the Minister will at least listen to representations from the pipers but, to reinforce the statement that I made, they bought their instruments not because of ivory but because they were good to play. In that sense, it is not the same as people buying objects because they think that ivory is valuable.

[Lord Gardiner of Kimble]

Yes, I understand the noble Baroness’s point. I think that I have explained the position that we are in, but I will of course meet with her.

The noble Earl, Lord Kinnoull, referred to museums. Accredited museums will be exempt from the ban. This will allow them to purchase, loan or exchange ivory items. I am also happy to meet him to discuss insurance.

A number of noble Lords mentioned funding, including the noble Lord, Lord Grantchester. We wholly believe that the regulator and law enforcement agencies need sufficient funding to tackle wildlife crime. Defra will consider longer-term funding as part of the normal spending review process over the coming year. The noble Lord, Lord Clement-Jones, asked whether the agencies have sufficient powers under the Customs and Excise Act and the Proceeds of Crime Act. The Bill does not change the scope or reach of the legislation conferring powers for the purpose of customs checks on international trade and divesting criminals of the proceeds of crime. These powers are available, where applicable, against unlawful dealings in ivory items.

My noble friend Lord Lingfield mentioned the process for rarest and most important items—RMI, as I will describe it. We are working with experts at a number of institutions and have no expectation that this process will take a long time. My noble friend Lord Carrington of Fulham expressed concern about high registration fees. We do not intend these to be on anything other than a cost-recovery basis. My noble friends Lord Crathorne and Lord Carrington referred to museum quality. Yes, I agree that it is subjective but we have been working to get the advice of the country’s foremost experts, so I hope my noble friend Lord Cormack and others will see that we are sincerely trying to ensure that all these items are within the exemption, as they should be.

My noble friends Lord Attlee and Lord Carrington asked about inheritance tax and my noble friend Lady Rawlings referred to other taxation. Once the ban comes into force, prohibited items will be subject to nil value for inheritance tax purposes. Items subject to exemptions will still have a market value and may therefore be subject to inheritance tax. Indeed, we are aware that there may be a loss to the Exchequer, but we believe that the objects of this legislation far outweigh that loss.

A number of points were made about enforcement powers. I would be very happy to meet my noble friend Lord Inglewood, because there are points that I would like to discuss with him. On more spending on conservation, I have already mentioned it in another regard, but my noble friend Lady Chalker and the noble Lord, Lord St John of Bletso, raised this. We are doing more, but I will write on that.

I have sought to refer to all questions, but I will write more fully. My noble friend the Whip will not be pleased with me, but I am most grateful for all contributions. I will study Hansard very carefully and will write fully, but at this stage I ask noble Lords to give the Bill a Second Reading.

Bill read a second time and committed to a Committee of the Whole House.

Rural Areas: Public Services

Lord Gardiner of Kimble Excerpts

Monday 9th July 2018 Lords Chamber

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

My Lords, I congratulate my noble friend Lady McIntosh on giving us the opportunity to debate public services in rural areas. Having chaired the Environment, Food and Rural Affairs Committee for five years and represented a rural constituency for 18 years, her knowledge of and commitment to rural communities is undoubted. I was very much struck by her reference to “country folk”; this is very much how I consider the tribe that I know, and I thought it was interesting to hear from noble Lords from Somerset, North Yorkshire, Caithness and Essex talking about the experiences and concerns of country folk. My noble friend spoke of the Great Yorkshire Show. Having been the president of the Buckinghamshire County Show in 2007, I know how important the agricultural shows are to rural communities and beyond, and I wish the Great Yorkshire Show every success this year.

It has surely been a highlight of this debate to hear the maiden speech of my noble friend Lord Haselhurst. As Member of Parliament for Saffron Walden from 1977, my noble friend has long been a passionate supporter of rural interest in a beautiful part of rural Essex. We are fortunate to have in your Lordships’ House such a distinguished parliamentarian, and I agree with him that infrastructure and connectivity are especially important. I know of his work on the West Anglia network and his report on how the railway network might be improved. In the next few years Greater Anglia will be carrying out a full fleet replacement, investing £1.4 billion in new trains. I am very much looking forward to the benefits that that will bring to customers.

As I said in last week’s debate on the NERC Act, this Government are committed to bringing sustainable growth to the rural economy and boosting rural areas so that people who live in the countryside have the same opportunities as those who live in towns and cities. I agree with my noble friend Lord Caithness that many people choose to live in rural areas because of the quality of life. As Minister for Rural Affairs, I strongly believe that the countryside is a great place to live and work, and official statistics reflect this. Since 2008 there has been an increase in net migration to predominantly rural areas in England. Those living in predominantly rural areas are likely to feel more positively about their neighbourhood. Life expectancy is higher. The employment rate in rural areas is higher than the UK average and the unemployment rate lower. Half a million businesses are registered in rural areas of England—one quarter of the total. Indeed, 14 enterprise zones have been established in rural areas and we are blessed with some of the most exceptional landscapes in the world, which, as the noble Baroness, Lady Harris of Richmond, highlighted, underpin a tourism industry that accounts for 14% of rural employment and 11% of rural businesses in England.

The fundamental features of rurality—more geographically dispersed and more sparsely populated than urban areas—can be a key attraction of our rural towns, villages and hamlets, but all of us who live in rural areas know of the challenges of distance and sparsity and their impact on delivery of important services. As a number of your Lordships referred to, there is a higher proportion of older people in rural areas compared with urban areas, which places pressure on, for instance, health and social services. Of course, as the noble Baroness, Lady Jones of Whitchurch, said, and as we are all aware, there are hidden pockets of deprivation in the countryside that we must tackle.

A number of your Lordships raised rural proofing. My noble friend Lord Caithness referred to it being important and the noble Baroness, Lady Harris of Richmond, asked about it. All I can say is that it already takes place. That is why rural proofing is absolutely fundamental to government policy. We published revised guidance last year and we have put more statistical material on GOV.UK to provide a range of evidence for departments to draw on. I say to my noble friend Lord Caithness that the Permanent Secretary’s letter of 2 July was a reiteration, not a first step or the beginning of a journey. That is reflected in work across government to make sure there are fair and equitable services in rural areas. All the major funding formulas have components to take account of sparsity and rurality. In the Government’s consultation on fair funding for local government, rurality was identified as one of the three main cost drivers.

A number of your Lordships, in particular the noble Baroness, Lady Harris of Richmond, and my noble friend Lord Caithness, referred to education. The revised schools funding formula for 2018-19 led to an increase in funding for rural schools of 3.9%, compared with an average of 3.8%. Indeed, schools in the more sparsely populated villages saw an average increase of 7.5%.

On health, clinical commissioning groups in predominantly rural areas in England receive 17% of funding, which is in line with the proportion of the population that they cover. I was aware of what the noble Baroness, Lady Jones of Whitchurch, and my noble friends Lady McIntosh and Lord Caithness, said. On GPs, the Department of Health announced last year an extension of its targeted enhanced recruitment scheme, which provides a £20,000 salary supplement to attract newly trained GPs to harder-to-recruit areas. Some 238 GP training vacancies were filled by the end of January this year and 250 places are being made available for the rest of this year. That is clearly a very important part of these matters.

I also say to the noble Baroness, Lady Jones of Whitchurch, that the Government have increased the rural services delivery grant to £81 million—its highest level ever and an increase of £31 million on its original allocation. I have not read the report to which the noble Baroness, Lady Harris, referred, but I assure her that it will be in my recess reading.

A number of your Lordships raised the subject of the Post Office. I place great importance in this as part of what I would call the community hub, which is so important for village communities. The post office network has remained relatively stable since 2009, with more than 11,600 post office branches at the end of March 2017, a small increase on the previous year. There are more post offices in rural areas than in urban areas, many collocated with the village shop. I have regular meetings with Paula Vennells, the chief executive of the Post Office, and her commitment to the network in rural areas is striking. We agreed on the need to improve awareness of the significant amount of personal and business banking that can now be undertaken in post offices, which helps rural areas.

The noble Baronesses, Lady Jones of Whitchurch and Lady Bakewell, and my noble friend Lady McIntosh referred to housing. Indeed, I take a personal interest in these matters and facilitated an affordable housing scheme on the farm many years ago. The latest figures show that 119,000 affordable homes were built in rural areas between April 2010 and March 2017. On a per population basis, more new homes were built in rural than in urban areas. The Government have recently introduced changes to permitted development rights that mean that five new homes can be created from existing agricultural buildings on a farm, rather than the maximum three currently permitted. There is a strong rural narrative in the housing White Paper and a separate rural chapter in the draft National Planning Policy Framework, on which the Government have just consulted.

I agree absolutely with my noble friend Lady McIntosh that we should build the right houses in the right places and that new developments should be mindful of landscape and the character of the village. Indeed only last Friday, as part of Rural Housing Week I visited Mackmurdo Place in rural Essex—an excellent example, providing affordable housing for young and old with a multigenerational community, which I think a number of your Lordships raised and is absolutely important. It is, again, sensitive to the needs of the local area. I specifically asked: there is a SUDS scheme as part of that development.

Digital connectivity also is essential. A number of your Lordships mentioned electronic prescriptions. The Government met their target to provide superfast broadband to 95% of premises by the end of 2017, but that leaves still far too many people without a decent service. We have therefore legislated to bring in a universal service obligation so that no one is left behind. The forthcoming publication of the future telecoms infrastructure review will set out a plan to create the right market conditions to deliver nationwide full fibre and 5G. As my noble friend Lord Haselhurst mentioned, we must work to improve mobile coverage, and the Government are committed to that.

A number of your Lordships referred to buses. The community minibus fund has provided more than 300 local charities and community groups across England with more than 400 minibuses to use for the benefit of passengers. This has been successful particularly in remote rural communities.

My noble friend Lord Caithness raised research, which I agree is important. A panel of academics has been set up in Defra. We will develop a statement on research priorities, as this is clearly an important feature of ensuring that the dynamics of the rural economy are enhanced.

The noble Baroness, Lady Bakewell, mentioned libraries. All libraries now have free wi-fi and access to IT equipment. They provide access points to many services, which I very much endorse.

In the time I am permitted, I of course encourage visitors to Richmond. I hope that the noble Baroness, Lady Jones of Whitchurch, has a rain-free period, although I hope that we have some rain before she goes.

A number of points were raised. I am struck by the richness of local initiatives. As the noble Baroness, Lady Harris of Richmond, said, volunteers and the voluntary spirit in the countryside—as a complement, not a replacement—are an essential part of the vibrancy of the village. Whether it is the village shop, the person who raises the bulk purchasing of fuel or the running of a village hall, all this serves the community.

I am over time, but I want to say that, as rural champion, I will always champion the interests of rural Britain. This Government are determined to secure prosperity and well-being for rural communities and to grasp the undoubted challenges, but let us also celebrate the wonderful features of the countryside. I apologise to my noble friend on the Front Bench for overstepping the mark by a minute, but surely this debate is worthy of it.

House adjourned at 7.41 pm.

Sustainable Fisheries for Future Generations

Lord Gardiner of Kimble Excerpts

Wednesday 4th July 2018 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 a Statement made by my right honourable friend the Secretary of State for Environment, Food and Rural Affairs in the other place:

“With your permission, Mr Speaker, I would like to make a Statement about the future of Britain’s fishing industry.

Today, we are publishing a White Paper, Sustainable Fisheries for Future Generations, which sets out how we can benefit both our economy and our environment when we leave the European Union and take back control of our seas.

The White Paper outlines that the Government will seek to ensure that more of the fish in our waters is caught by our boats and benefits our fishing communities; and we will also aspire to the highest environmental standards so we can ensure that our seas are healthy and productive for future generations.

The United Kingdom is blessed by waters which contain some of the historically richest fishing grounds in the world. Those waters sustained a fishing industry which was at the heart of coastal communities from Shetland to Cornwall. Thousands were employed in catching, processing and marketing fish which enjoyed a global reputation for excellence. But in recent decades both the health of our fishing industry and the management of our fish stocks have been undermined by the operation of the EU’s common fisheries policy.

As a result of the CFP, more than half of the fish in our waters has been caught by foreign vessels. Access to fishing opportunities has been allocated according to out-of-date formulae which do not properly reflect either changes in our global climate or advances in marine science. Indeed, during our membership of the common fisheries policy we have seen jobs in fisheries decline, businesses go to the wall and communities hollowed out.

But now that we are leaving the EU and taking back control of our waters, a brighter future beckons. Today’s White Paper outlines how. As an independent coastal state, under international law, we will be in control of the seas that make up our exclusive economic zone—the waters up to 200 nautical miles out from our coastline or half way between our nation and others. We will determine, in annual negotiations with our neighbours, who has access to our waters, and we will ensure that any additional fishing opportunities then available to our vessels are allocated fairly and thoughtfully to help support vessels of all sizes and communities across the United Kingdom.

Fisheries will be a separate strand of our future relationship with the EU from the future economic partnership. Through the fisheries strand there will be a separate process whereby the EU and the UK, as an independent coastal state, will negotiate on access to waters and fishing opportunities on an annual basis.

Outside the common fisheries policy we can also be more ambitious environmentally. We can make sure that our future fishing policies are truly sustainable, and that they protect and enhance marine habitats in line with the goals of our 25-year environment plan. Sustainability is key to a successful fisheries industry. We will continue to work under the principle of maximum sustainable yield and use the best available science to create a policy that ensures profitability and resilience for decades to come.

We are fortunate that Britain is a world leader in fisheries science and marine conservation, and we will use that expertise and the flexibility that comes from new fishing opportunities to ensure that the current methods of managing stocks, such as the ban on discarding fish caught over quota, work better and in the interests of both the industry and the environment. We will also ensure that all foreign vessels seeking to fish in our waters will be allowed to do so only if they adhere to our high sustainability standards, and we will deploy the most sophisticated monitoring technology to ensure that those standards are rigorously policed and upheld. We will deploy not only technology but the vessels, aircraft and people required to safeguard our waters. We will also consider whether and how to replace the European Maritime and Fisheries Fund, which has supported the sector across the United Kingdom.

Of course, delivering for the UK fishing industry depends on close collaboration with the devolved Administrations. The White Paper sets out our approach to developing a UK framework for fisheries management that will respect the devolution settlements, and, where necessary, maintain the overall coherence of the UK’s fisheries policy. This will help deliver our international obligations and protect the functioning of the hugely important UK internal market.

But there are specific opportunities that this White Paper outlines where we can better support the sector in England. We can look at new opportunities for those in the current “under 10 metre” category, who have suffered particularly badly from some aspects of past policy. We can also look at running a targeted scientific trial system based on effort, or days at sea, rather than quota for some low-impact inshore fisheries, but of course any trial would have to ensure that the system’s operation was consistent with our commitment to sustainable fishing.

Over the past year, this Government have explained how we can deliver a green Brexit—a suite of measures that replaces the existing common agricultural and common fisheries policies with new approaches that better serve both our economy and the environment. Alongside replacements for the CAP and CFP, we have introduced policies that contribute to a cleaner, greener planet and particularly to healthier and more resilient rivers, seas and oceans. We have introduced reforms to the water industry and a world-leading ban on the plastic microbeads in rinse-off personal care products, and called for evidence on new measures to restrict the use of other single-use plastics. Subject to consultation, we are also setting out how we might: introduce a deposit return scheme for plastic bottles; ban the sale of plastic straws, plastic-stemmed cotton buds and plastic stirrers; and extend the 5p plastic carrier-bag charge to all retailers.

We have worked with other nations through the Commonwealth clean oceans alliance and the G7 to further enhance the health and productivity of our marine environment. The global leadership the Prime Minister has shown in securing cleaner seas has been recognised by the United Nations. Now, with our departure from the European Union we can demonstrate even more ambitious leadership in our own waters. We can regenerate our coastal communities. We can ensure that our fishing industry enjoys an economic renaissance, and we can do so by putting the highest environmental standards at the heart of everything we do. This White Paper charts that course and I commend it to this House”.

--- Later in debate ---

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for repeating the Statement and welcome the publication of this important White Paper. The shores of our islands have some of the most prolific fishing waters in the world and it is vital that not only are fish stocks protected but that the numerous industries and businesses that rely on a constant supply of fish are supported and protected. This includes not only large fishing fleets but smaller, family-owned vessels, not only the small, iconic smokeries but also the larger processing plants. It is our duty to provide a mixed economy around our coastlines that depend on a healthy marine environment, free from unnecessary bureaucracy and free from plastics.

I note the Secretary of State’s commitment to end the dominance of foreign vessels in our waters and to support our own fishing communities across the country; I welcome that statement. I have only two questions: what discussions have so far taken place with the devolved Administrations about sustainable goals to be shared across the UK? Secondly, is the Minister able to ensure ongoing access to the EU labour force that supports the sustainability of the vital seafood processing sector? I am encouraged by the general thrust of the White Paper and look forward to the Minister’s response.

[Lord Gardiner of Kimble]

My Lords, I thank the noble Baronesses for a number of questions. Let me say in opening that I welcome the stakeholder reaction, and the fact that the fishing communities are looking to Parliament to ensure a better future for the fisheries. The National Federation of Fishermen’s Organisations, the Scottish Fishermen’s Federation and the Shetland Fishermen’s Association are all saying that this is a clear, coherent and important policy. I was also particularly struck by what the noble Baroness, Lady Bakewell of Hardington Mandeville, said about the importance of clean seas and oceans. The director of Living Seas, the Wildlife Trusts, says:

“The Wildlife Trusts are really impressed that the Government is committed to reversing the loss of marine life”.


Predicated on all of this is the imperative of sustainability. It is one of the three key components: it is about sustainability, responsibility and fairness. Therefore, it is essential that we work as hard as we can to ensure that all this comes forward for really healthy stocks in these waters.

The noble Baroness, Lady Jones of Whitchurch, asked about the difference between access and trade. Under international law, as with other countries that are independent coastal states, negotiations for access are undertaken annually, as they are with the EU and Norway, and the EU with the Faroes. It is normal practice for an independent coastal state, which we will be, to have these negotiations on access. We will undertake that under international law—UNCLOS and so forth. It is very clear about the distinction. On access to trade, I am well aware that all of us are working towards a frictionless arrangement. Of course, export of fish is an important part of that, but the distinction is that access does not happen in the trade agreement, but under international law, which is the case for all other independent coastal states.

On fish processing and fish farming, my point to the noble Baroness, Lady Jones of Whitchurch, is that the fisheries Bill will, as we announced today, allow us to amend technical regulations in the CFP that cover aquaculture. Of course, our commitment is again to sustainability. On research, we must not forget that Cefas is world-renowned. Indeed, the research it is undertaking will be particularly important. I want to emphasise that for sustainability there clearly needs to be—and is—global co-operation on these matters. That is why we will be seeking, for instance, to join the regional fisheries management organisations, such as the North East Atlantic Fisheries Commission, precisely because we have a responsibility to act collaboratively under UNCLOS and other international conventions with other countries. That is a given.

On habitats—this issue was raised in the other place—since 2010 the Government have already designated 50 marine conservation zones, a further 41 of which are out for consultation. This is a clear indication of what we are seeking to do in practice to improve the marine environment—the ecosystem through which a strong fishing industry is possible.

As far as the devolved Administrations are concerned, we are at the beginning of what is a consultation, not the conclusion. There have been many discussions with the devolved Administrations and the Crown dependencies —let us not forget them—since the referendum result, and intensively since January under the process agreed by the joint ministerial committee. The Secretary of State is meeting the devolved Administration Ministers tomorrow to continue that process.

On funding in coastal communities, we will of course be looking at future arrangements and future funding continuing on from the European Maritime and Fisheries Fund. The Chancellor has already confirmed that these will be fully funded under Treasury guarantee, even when these projects are not completed by EU exit date. Indeed, since then, the UK-EU joint report of December last year states the intention that the UK will continue to participate in all EU programmes financed by the multiannual financial framework. Work is now under way to ensure that full consideration is given and that we work with the industry to consider possible future funding arrangements.

I know the Secretary of State has raised the issue of EU workers with the Prime Minister and the Home Secretary. They are fully seized of the importance of access to labour in this important element of the industry.

I have to say to the noble Baronesses that this is the beginning of the consultation, which runs for 10 weeks. We actively want the industry to be engaged in it. The initial reaction from fishing interests across the United Kingdom has been strong and positive. They see the great opportunities that this represents for a fairer share, and for us to work collaboratively with our neighbours and partners to ensure, through the prism of international law and access to our waters, that we have sustainable fishing that is fair to us and that we act responsibly regarding the UK system that we all care so much about.

[Viscount Ridley (Con)]

My Lords, I welcome this ambitious and sensible Statement, with its candid recognition that the European common fisheries policy has been a disaster for both ecological and economic sustainability. I also welcome the ambition to regulate fisheries more sustainably, and particularly the reference to effort control. But will my noble friend confirm that the Government will learn from elsewhere in the world the important techniques of the transferable quotas that give fishermen themselves skin in the game of conservation, as that is a crucial element in such management?

[Lord Gardiner of Kimble]

My Lords, one point that has come to light is the importance of contemporary scientific advice. That is why Cefas will be so important. The problem with the common fisheries policy is that so much was predicated on something that may have been appropriate in the 1970s, but is no longer appropriate in the light of climate change and changes in fish stocks. This is a welcome opportunity for us to have more contemporary research and to learn, as my noble friend said, how better technology and science can furnish us with ways in which to care for the ecosystems in our waters, for which we will become responsible.

[Lord Beith (LD)]

My Lords, does the Minister realise that the majority of excellent shellfish from the north-east coast goes overnight to European markets and therefore depends on no customs delays at all? How about the Prime Minister serving some Northumberland lobster and crab to the Cabinet on Friday to make them think about the importance of frictionless trade?

[Lord Gardiner of Kimble]

My Lords, I would always actively encourage everyone in Parliament to eat British fish and products—they are the best in the world. I would therefore encourage the consumption of any products from Northumberland, at Chequers or anywhere else. But the point, as I have tried to explain, is that there is a distinction under international law about access. It is in the mutual interest of the United Kingdom and the EU to have free and frictionless trade between our borders. That is in the interest of every part of the European Union and the United Kingdom.

[Lord Liddle (Lab)]

I accept that the common fisheries policy has been a very difficult part of our EU membership, and I very much welcome Secretary of State Michael Gove’s commitment to high environmental standards—so I am in agreement with the Government on both those points. None the less, it is the case that one cannot dissociate the question of reasserting national control over our waters from the question of how much of that market will be shared with the EU 27. There will have to be an agreement with the EU 27 about the market share. I do not know whether that agreement is regarded as very disadvantageous by the EU 27, but there will have to be some means of enforcement of it, and I do not know how many ships of the Royal Navy will be available to police it. Is the Minister aware that the EU has available to it trade defence instruments that it can use against us if it feels that we are behaving unfairly, as it did when Scottish producers thought that there was unfair competition in relation to Norwegian salmon? Does he therefore recognise that there will have to be a fair agreement if these trade sanctions are to be avoided?

[Lord Gardiner of Kimble]

My Lords, clearly we wish to have positive and productive negotiations with the EU 27, and under international law “the reasonable approach” needs to be taken. However, I think that all would conclude that what has happened to UK fishing vessels has not been fair, and that cannot be right. The sorts of arrangements that we have now are absolutely against the interests of the UK fishing industry. That is why we need to address this matter and why I think that the White Paper is the beginning of a much more positive situation for coastal communities.

I do not want to pre-empt what may come up but, as the noble Lord mentioned enforcement, I am of course very pleased about the support of the Royal Navy and the replacement of vessels by five more-capable Batch 2 offshore patrol vessels. We are working very closely with the MMO, the Royal Navy and others, because other independent coastal countries undertake enforcement very well indeed.

[Viscount Hailsham (Con)]

My Lords, does my noble friend agree that the outcome of the British fishing policy will depend on some very tricky negotiations which will involve very many vested interests both here and overseas? Given that, does he agree that at this stage we should not draw any red lines or give overfirm commitments? In that context, I congratulate my noble friend on the flexibility of the Statement.

[Lord Gardiner of Kimble]

Negotiations require two parties to come together successfully. However, I stress again that one of the principles that we seek is fairness. When one understands the proportion of fish being taken by UK vessels and non-UK vessels and what UK vessels are taking from EU 27 waters, something is not right. There is no fairness, and that is what we need to address. I would be very surprised if EU fishing interests did not understand that this needs to be part of the negotiation. However, clearly it needs to be done in a spirit of collaboration, and part of that concerns sustainability. Whoever fishes them, if there are not enough fish, we—whether the EU 27 or the UK—will not have a dynamic fishing industry. Therefore, it is absolutely imperative that that is at the root of everything.

[Lord West of Spithead (Lab)]

My Lords, the Minister mentioned enforcement and referred to the five new River-class vessels, one of which is going to the Falkland Islands. It is quite clear that we have insufficient ships to patrol an EEZ if we have to enforce new rules. Also, the JMOCC does not have proper centralised co-ordination. I have talked about that with the Minister before and that has to be in place before the new rules come in. Is it possible to consider using the two River- class vessels that have been put on one side and have not been disposed of, and to man those with reservists so that we can enhance the number of ships without too great a cost? We will need more ships if we are to enforce these new rules.

[Lord Gardiner of Kimble]

My Lords, many noble Lords will know that the noble Lord and I went to see the MMO in Newcastle and had a very interesting day looking at some of the technology for detecting whether a vessel is aping some other activity but is really fishing. I agree that the Royal Navy plays an important part in enforcement, and it will continue to do so. I am afraid that it is not within my gift to comment on longer-term deployment and the number of vessels, but we are absolutely clear that other third countries are well able to enforce their fisheries policy, and we need to work on a system that works for us.

[Baroness Byford (Con)]

My Lords, I too welcome the Statement. For years we have been talking about the crisis of overfishing and the way that our stocks have been plagued. Does my noble friend agree that sustainability is at the heart of this and that we must protect our marine environment? I want to draw two things to his attention; perhaps he could respond to them. One is the proposal to end discarding, which I am sure will be welcomed. The second is the review that I believe will be undertaken of the under-10 metre category for low-impact inshore vessels. Again, that will help many of our areas that fish but do not do so in such a wide range as others.

[Lord Gardiner of Kimble]

I entirely agree with my noble friend. As I have said before, if we do not have sustainability and adhere to maximum sustainable yields, the ecosystem of our waters—as a whole and not just for consumption—will be put in peril. Sustainability is absolutely key. Obviously, we have all been very concerned about discard and the complete waste that it has caused. As part of that, we will consider the vexed issue of choke and choke species and look for solutions. Clearly, these issues are quite difficult and technical. We need to ensure that we do not overfish but fish sustainably. Therefore, the issues of discard and choke are a key element of seeking to keep our stocks in good order.

[Lord Hunt of Chesterton (Lab)]

My Lords, one of the report’s important features is the role of our research through Cefas. There is no mention that we will maintain or even increase it. There have been some cutbacks in Cefas. To have agreement between the UK and Europe as we move forward, we will need agreement about research. There has been considerable agreement about it, but it is very important that we maintain good links with our European research colleagues.

[Lord Gardiner of Kimble]

My Lords, knowledge and understanding of sustainability is obviously not possible without scientific evidence and research. Clearly, Cefas is an outstanding place of research. Of course, I think that it is world-leading and will furnish us. In discussions, knowledge of zonal attachment and how we work with fish stocks not respecting borders—we share fish stocks in so many cases—means that we need to work in co-operation. Indeed, the spirit of co-operation is an essential part of international law on fisheries. Cefas will provide us with research, but there are excellent research bodies all around the world.

I should say to my noble friend Lady Byford that I forgot about the under-10 metre category. Further allocations have been made with unused quota. It is a very important area of our fishing world.

[Baroness McIntosh of Pickering (Con)]

My Lords, I also welcome the Statement. Currently, we benefit from research from the International Council for the Exploration of the Sea—ICES—which is situated in Copenhagen. I visited it last year. A number of British, Irish and other officials work there, and they are particularly keen to understand that we will continue to benefit independently from ICES research once we have left the European Union. Will my noble friend take this opportunity to explain the difference between the International Law of the Sea Convention putting our territorial limit at 12 nautical miles—which I understood would also cover fisheries policy—and the 200 miles announced by the Secretary of State in the White Paper?

[Lord Gardiner of Kimble]

My Lords, any access to EU bodies will be subject to negotiation, but, as I said, collaboration and co-operation will be extremely important. On the other issue raised by my noble friend, I am looking for a definition. My understanding is definitely that we will now be responsible for up to 200 nautical miles or whatever the median line is with another country. I am very happy to put a copy of the map in the Library so that your Lordships can see how this will work for the UK and other countries, so there will be a clear understanding of the waters for which we, under international law, would be responsible.

[Lord Kerr of Kinlochard (CB)]

My Lords, for our Scottish waters I warmly welcome the stress on sustainability in fish stocks, but I am uneasy about the sustainability of the devolution settlement, fisheries not being a reserved subject. Can the Minister reassure us that the White Paper has been discussed in draft with the devolved Administrations?

[Lord Gardiner of Kimble]

Yes, my Lords.

[Lord Berkeley (Lab)]

My Lords, the Minister will be aware of my interest in special protection areas for birds in Cornwall and the Isles of Scilly. When I went to see one of the officials of Natural England and asked how this was going to be enforced, he said the biggest problem was people in kayaks disturbing nests, and that it would be enforced by the Royal Navy. I do not know how the Navy is expected to prevent people in kayaks fiddling with nests, but I am sure that my noble friend’s aircraft carriers are not the most suitable craft.

I hear in Cornwall many stories about how quotas for fishermen have been sold to foreign fishermen, and people are sitting at home enjoying the money they have from these foreign fishermen, presumably for inshore waters. How will this new system deal with people who have bought these quotas commercially? Is the idea that they will be stopped from fishing in the places that they thought they had bought quotas to fish in?

[Lord Gardiner of Kimble]

My Lords, there are current economic link conditions requiring that all vessels fishing against UK quota must land at least 50% of quota, have at least 50% of crew normally resident in the UK, incur at least 50% of operating expenditure in the UK or gift quota to the under-10-metre fleet. That is what all vessels shipping against the UK quota have to do. Clearly this is a matter we want to look into but that is the current position. There may be further consideration, but that is where we are at the moment.

[Lord Jopling (Con)]

To deal with intruders in one’s fishing area it is important to have ships, but it is also vital to have aircraft, because one can identify intruders much more quickly that way. Secondly, following the last question, the noble Lord will recall that years ago British fishermen sold many of their quotas, particularly to the Spanish. We tried to put a stop to that, but could not. A few moments ago, he read out the conditions for home-based crews but, at the same time, there will be a serious danger of overseas interests buying UK fishing companies, maybe landing the fish here or exporting it, and employing a number of foreign crews. He mentioned the percentage. While we may think we are reverting fishing rights to British interests, it may not be as easy as that.

[Lord Gardiner of Kimble]

I entirely agree with my noble friend that enforcement engages aircraft, Royal Navy vessels, other vessels and technology. We need to ensure that the enforcement procedures on our waters are suitable and of sufficient strength, as other countries have been able to do. I have set out the current economic links. They may have to be considered, but I want to emphasise that the prism through which this has to work is that our waters’ stocks are sustainable. That means that we need to be looking at fishing opportunities, but within the context of what is sustainable for us to take. We will always adhere to the maximum sustainable yields or under.

[Lord Wilson of Dinton (CB)]

My Lords, I believe that here, as elsewhere, we need to keep an eye on the practicability of the implementation of new policies. Can the Minister tell us whether the proposals announced today would involve the employment of more civil servants and public servants? How long will they have to implement the proposals and is the timetable practicable?

[Lord Gardiner of Kimble]

My Lords, this is the beginning of a 10-week consultation. We have already said we will introduce into this Session of Parliament a fisheries Bill, which will include powers enabling the UK to take back control of access, preserve equal access for UK vessels throughout UK waters, set fishing opportunities and manage the exploitation of sea fisheries resources, among a number of matters. These proposals will first be subject to the consultation—we hope there will be active engagement, and I believe there is already, from industry and other parties—and to the scrutiny of both Houses of Parliament, as we seek to do the right thing for the waters around our shores and the communities who make their livelihood from them.

Water: Bills and Executive Remuneration

Lord Gardiner of Kimble Excerpts

Tuesday 3rd July 2018 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty's Government what assessment they have made of increases in customer water bills and levels of remuneration paid to water company executives.

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

My Lords, average water and sewerage bills fell in real terms from £420 in 2009-10 to £395 in 2017-18. Bills will continue to fall. Ofwat expects a further average reduction of 5% in 2020-25. The Government support Ofwat’s action to increase transparency of executive pay and bonuses, which must be based on better services for customers.

[Baroness Jones of Whitchurch (Lab)]

I thank the Minister for his reply, but he will know that water bills have risen by 40% above inflation since privatisation and nearly 2 million will need help to pay their water bills by 2020. Despite poor levels of customer service, water company bosses are paying themselves huge salaries and bonuses, with CEO pay averaging £1.2 million. Some of them are paid twice that amount. At the same time, water companies are hiding behind complex financial structures and offshore havens to avoid paying taxes. The Secretary of State has been critical of the water companies, but what is he actually doing on the ground to make sure that profits are focused on better preparation for weather extremes, not just paying excessive bonuses to the few?

[Lord Gardiner of Kimble]

My Lords, the noble Baroness’s question is extremely timely. Only today, Ofwat published a summary of the changes to the upcoming price review process, which were discussed with my right honourable friend the Secretary of State, who agrees entirely with Ofwat’s actions. It will require companies to share the benefits of high levels of debt finance with customers, ensure that performance-related executive pay rewards genuinely stretching performance —which benefits customers—and be transparent about dividends and explain how they relate to costs and service delivery to customers. If necessary, we will go further.

[Baroness McIntosh of Pickering (Con)]

My Lords, I declare my interests in the register; I also co-chair the All-Party Parliamentary Water Group. Does my noble friend the Minister agree that Britain was the dirty man of Europe in the 1980s and, through privatisation and EU environmental directives, we have now improved water quality? Going forward, what benchmarks will the Government use to continue to improve water quality in this country?

[Lord Gardiner of Kimble]

As my noble friend said precisely, we wish to improve water quality. Let us be clear: since privatisation, customers are eight times less likely to suffer sewer flooding. The number of serious water pollution incidents caused by the water industry reduced significantly from over 500 in the early 1990s to 57 in 2016. Clearly, there is room for improvement. That is what both Ofwat and we in Defra want. In terms of what has been achieved with the £140 billion investment since privatisation, our water quality is improving and we want it to improve even more.

[Lord Scriven (LD)]

My Lords, in the latest published Ofwat figures, Yorkshire Water scored 12 out of 18 for customer satisfaction, yet the chief executive officer took home £1.3 million of pay, pension and bonus payments last year. That is seven times more than the Prime Minister. Can the Minister guarantee that the changes announced today by Ofwat will never allow a chief executive officer to be paid for such bad customer satisfaction in future?

[Lord Gardiner of Kimble]

My Lords, I am absolutely clear that Ofwat’s requirements of companies are very clear on the issue of performance-related executive pay. We are willing to take regulatory action to support Ofwat’s reforms if water companies do not readily co-operate.

[Lord Berkeley (Lab)]

My Lords, does the Minister agree that one way of reducing water bills would be for the water companies to reduce their dividends? Last year, Thames Water declared a £55 million dividend which then got paid to one of its holding companies and, through a complex chain, ended up at Macquarie. It then had the gall to say in its annual report:

“No dividends or interest on shareholder debt was paid to external shareholders”,


in the same year. Surely that is stretching truth and credulity much too far. Will the Minister do something about that, please?

[Lord Gardiner of Kimble]

I feel I am repeating exactly what Ofwat has announced, as it is the statutory regulator, in terms of its requirements on increasing transparency on both dividends and executive pay. We are absolutely clear that this is a public service provided under private ownership and there are responsibilities that go with that. There have been very considerable improvements since privatisation, but there is a wake-up call to the water companies.

[Lord Kirkhope of Harrogate (Con)]

My Lords, speaking as a former director of a water supply company, I ask whether my noble friend agrees that the level of investment by our privatised water companies has never been paralleled to the present position? Would he not also commend the actions of water companies that are now involved in active water transfer plans, such as those between the Kielder reservoir and Yorkshire?

[Lord Gardiner of Kimble]

My Lords, my noble friend has highlighted an issue that I think we need to hear more of, particularly as we look at climate change and increasing population. We need to secure more water transfers between water companies, which will build resilience and reduce the cost of meeting future demand. So I am very pleased with what is going on already, but the water companies need to work more and we need to increase our infrastructure.

[Lord Foulkes of Cumnock (Lab)]

My Lords, is the Minister aware that there is one part of this country, the United Kingdom, where we do not have any of these problems of highly paid water executives, because under successive Governments of different parties, water has remained in public ownership—and that is Scotland?

[Lord Gardiner of Kimble]

Well, your Lordships know that I am very keen on Scotland, but I entirely disagree with the noble Lord about privatisation.

[Lord Foulkes of Cumnock]

Come to Scotland!

[Lord Gardiner of Kimble]

Privatisation has permitted us £140 billion. There are so many examples of what the investment was before privatisation. The noble Lord shakes his noble head, but privatisation has made a very considerable difference to water quality, the quality of our beaches and the reduction in water pollution. However, there is more to do.

[Lord Forsyth of Drumlean (Con)]

My Lords, on the question of Scotland, where the investment has to come from government and not from the private sector, could that explain why the Scottish Government have not spent their Barnett allocation on the health service? Is it because they have had to divert money down the other pipes?

[Lord Gardiner of Kimble]

My noble friend has given a much better answer than mine, and the noble Lord is still shaking his noble head.

Natural Environment and Rural Communities Act 2006 Committee Report

Lord Gardiner of Kimble Excerpts

Monday 2nd July 2018 Lords Chamber

[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 stated in the register.

I thank the committee for its report, and I very much welcomed the opportunity to give evidence earlier this year. We took on board many of the report’s recommendations and, although we have not accepted them all, we are nevertheless grateful to the committee for its work and for the thoroughness with which it has approached its task. It has shone a welcome spotlight on our rural areas. As Minister for Rural Affairs, I place supreme importance on the well-being of rural communities. Therefore, in the words of a noble Lord today, I speak up for the countryside, and I also hope that I am constructive. I very much look forward to engaging with the recently established committee, chaired by the noble Lord, Lord Foster of Bath, which will take forward this work with its inquiry into the rural economy.

When I arrived at Defra we went to something called a town hall meeting—when my officials told me we had to go there, I thought that I had gone to the wrong department. In my speech I said: “I look to Defra being a helping hand and not a heavy one”. I therefore take very seriously indeed all the points made by your Lordships. It will not be possible for me to address them in the time I am allocated, but I promise that there will be a response to all the points that have been made.

The noble Lord, Lord Teverson, spoke so eloquently in his opening in praise of country people. I agree entirely. The Government are committed to bringing sustainable growth to our rural areas, so that people who live in the countryside have the same opportunities as those who live in urban areas, and without detriment to the environment and its heritage. Our rural areas contribute nearly £250 billion to England’s economy. Half a million businesses—one quarter of the total—are registered in rural areas. I entirely agree with the analysis given by my noble friend Lady Byford of the economic engine. In fact, proportionately more people are employed by small firms in rural areas than in urban areas. Employment in rural areas is higher than the UK average and unemployment is lower, and well-being is also higher. There is a very strong sense of community, which is typified by the spirit of volunteers around the country who help with transport for those less able or who run the village shop or hall as a hub for the community.

I say to the noble Baroness, Lady Warwick of Undercliffe, that I recently had a meeting with Paula Vennells, the chief executive of the Post Office. My understanding is that the total number of post offices has risen by 16 to 11,659, and that is very much because of the collocation work that the Post Office is undertaking. My experience is that my local post office, which collocated to the convenience store, is now open many more hours than it was before. Therefore, it is an interesting picture and I am watching it very closely.

However, I acknowledge that, as all your Lordships know, there are challenges to rural life, many of which were highlighted during this inquiry and in this debate. Although the Government met their target for the provision of access to superfast broadband by 95% of premises by the end of 2017, and mobile phone operators reached their target for voice calls to cover 90% of the UK’s land-mass by the same date, I am acutely aware that the figures need to be improved. That is why we have legislated for a universal service obligation to act as a safety net for those without broadband connections, and Ofcom is looking at attaching obligations on mobile phone companies to improve 4G coverage. I am grateful that the noble Lord, Lord Teverson, raised the point about broadband, because we are seeing improvements but we want them to go much further.

I very much agree with the points about affordable housing. I should perhaps declare an interest. My maiden speech was in a debate on rural housing, and I facilitated a housing development on the farm. Because it is Rural Housing Week, I shall be visiting a scheme on Friday, and I am very much looking forward to that.

We need to ensure that the people working to look after Exmoor live in Exford and do not have to live in Exeter. We also need to ensure that rural communities can survive, with young people remaining in villages. Our recent changes to permitted development rights mean that up to five new homes can be created from existing agricultural buildings on a farm, rather than the current maximum of three. It is also why the housing White Paper has a strong rural narrative, and the draft National Planning Policy Framework has a rural chapter. I am very seized of the importance of rural housing schemes and ensuring that the school roll is vibrant, which again is a positive feature of a flourishing village—something that we all want.

We are clearly all united on the importance of effective rural proofing, and the Government are strongly committed to it. The noble Lord, Lord Cameron of Dillington, was a key contributor to the rural policy guidance document, which I and other Ministers from Defra took to the Cabinet Office Minister to discuss. The committee suggested that the Cabinet Office should take over responsibility for rural proofing. Indeed, it went further and proposed that responsibility for rural policy should move from Defra to the Ministry of Housing, Communities and Local Government. That is clearly not a decision for me. However, although rural proofing should be the responsibility of all departments, I believe that there are strong reasons why Defra is best placed to lead on rural affairs. I do not see rural policy as operating in a silo separate from either agriculture or the environment. To me, they are absolutely interdependent.

I of course recognise that the range of businesses and interests in rural areas goes beyond farming, but farming is still a backbone, shaping the environment and landscape, which in turn is an economic beacon for rural tourism. In upland areas in England, where the challenges are often greatest, 41% of businesses and 23% of employment are in the agriculture, forestry and fishing sectors. In Health and Harmony—the biggest consultation on agriculture, with 44,000 responses—we asked explicitly about the challenges facing rural communities, particularly those in the remotest parts of the country. Of course, like many other departments, the Ministry of Housing, Communities and Local Government has a strong interest in rural issues—and, as the right reverend Prelate the Bishop of St Albans mentioned, it is clearly essential that Defra works closely with MHCLG on housing, local government finance and the proposed UK shared prosperity fund.

In her commentary on rural proofing, my noble friend Lady Byford said Defra acts as a champion for rural proofing across government and supports departments so that policies take account of specific challenges and opportunities for rural communities. This is not an academic exercise: it is about achieving real benefits for those who live and work in rural areas, and I will take up the practical point made by the noble Baroness, Lady Scott of Needham Market, about the National Citizen Service. When decisions and policies are sent round for collective agreement, other departments know that we in Defra will be taking rural interests into account. It is not necessarily about delivering exactly the same outcomes for rural areas. The cost of providing basic services, as we acknowledge, is more expensive because of demography, sparsity and distance. We know that rural households are often further from hospitals, for example. But it is about showing that government departments have thought about how rural areas are different and how policies may need to be adapted.

For example, the new schools funding formula has reduced the gap between urban and rural schools. The Department for Education is testing out new work placement schemes in rural areas in the north-west and the south-west. I say to the noble Lord, Lord Cameron, that the rural services delivery grant for the current financial year is £81 million—the highest level ever and an increase of £31 million on the original allocation.

So I assure noble Lords that all Ministers in Defra are banging the rural drum. I am backed by a superb team of officials and I assure noble Lords that they are very committed to rural interests being at the heart of our department. We are able to draw on the work of not only Natural England, the Environment Agency and the Forestry Commission, but so many others who are active in rural areas. My own experience, as someone who has a deep personal commitment to the countryside, is that there is a deep recognition and understanding among many Ministers in other departments, many of whom have rural constituencies. So it is really important that Defra has these close and effective relationships across Whitehall. That is why I am on the ministerial task force on digital and on housing and am now a member of the new cross-government department team looking at loneliness. We are working with BEIS to bring about the rural dimension of the industrial strategy and making sure that we are involved in clean growth issues, and it is important to champion the UK’s food and drinks sector, which has its roots in rurality.

My officials and I have close engagement with organisations representing rural communities and businesses. Defra funds ACRE, with its network of 38 rural community councils across England. I have held a number of really outstanding meetings with a broad range of rural stakeholders on well-being, digital connectivity and the rural economy, and will soon hold two similar ones on loneliness and transport. I agree with the noble Baroness, Lady Scott of Needham Market, that in the end it is the sharing of knowledge, experience and good practice that will develop the solutions that work on the ground in rural areas. That is exactly what we need to fine tune. We need to get the solutions that work. That is why I agree with all noble Lords—I think that the noble Lord, Lord Cameron, led the charge—about a strong evidence base being essential. Defra will continue to publish data to help a much wider appreciation of rural issues. We have set up a rural academic panel. As we stated in our response, we will also produce clarity on rural research requirements to which we hope academia and the research councils will be able to respond. To respond to the right reverend Prelate the Bishop of St Albans and my noble friend Lord Caithness, we intend to publish the statement of research priorities in the autumn.

A number of noble Lords rightly raised the natural environment. My noble friend Lord Caithness referred to the publication of the 25-year environment plan and the noble Baroness, Lady Jones of Whitchurch, quite rightly wants action—as I do. That is why the review has been launched of our national parks and other designated areas of natural beauty—the noble Lord, Lord Cameron, is on the advisory panel. We have appointed a tree champion. We will also be making 2019 a year of green action, putting children and young people at its heart. The noble Baroness is absolutely right: we need and will be setting out how that will be progressed so that all noble Lords can feel that this is an action plan that has results.

Almost all noble Lords raised the governance gap for environmental protection. The noble Lord, Lord Rooker, and the noble Baronesses, Lady Parminter and Lady Young of Old Scone, made particular points. Since the committee published its report, we launched a consultation on a new environmental principles and governance Bill, which will make sure that environmental protections will not be weakened as we leave the EU. This will establish a world-leading body to hold the Government to account for environmental outcomes. Although it will be funded by the Government, it will be independent. I understand the frustration, but I cannot pre-empt the consultation and the consideration of all responses. I assure the noble Baroness, Lady Jones of Whitchurch, and noble Lords that I have heard all they have said on this particular matter.

The committee made a number of recommendations about the role of Natural England. I say to the noble Baroness, Lady Jones of Whitchurch, the noble Lord, Lord Cameron, and my noble friend Lady Byford that I can confirm that a communications protocol is currently being agreed with Natural England, which will codify ways of working with the Defra group to protect the integrity and independence of Natural England’s voice and brand. Clearly, Natural England has transformed its approach so that it deploys its resources strategically for the greatest positive impact and to deliver its statutory functions. Natural England is a separate legal identity and may exercise its legal powers in pursuit of anything that falls within its general purpose. This independence is in line with Natural England’s statutory remit.

The committee expressed its concerns about the long-term sustainability of the national trails network, which the noble Lord, Lord Teverson, raised. We are committed to finding a long-term and secure future for our national trails. We will work with interested organisations to explore options such as sponsorship that the committee suggested. Natural England is also working hard to complete the English coast path by 2020 and I am looking forward to a visit in north Yorkshire later this month to see further stretches connected. On the question of charging from my noble friend Lady Byford, the Government will consider as part of our planning for the 2019 spending review what charges could assist Natural England’s charging strategy. That is under consideration.

The noble Lord, Lord Bradshaw, and my noble friend Lord Caithness mentioned the vexed issue of green lanes. I appreciate that and have met the noble Lord, Lord Bradshaw, before on this matter. The motor vehicle stakeholder working group will meet in October. Obviously, we want there to be as much consensus as possible, because that is the way in the countryside that most of us find a way through. This is about trying to find those solutions. I am aware that it is a knotty challenge for some of the characters involved on all sides of this issue, but surely it must be right that having these quarterly meetings with the stakeholder working group helps us to try to find some consensus in the key areas on which there can be agreement so that we find a resolution. We want to ensure that green lanes are suitable for purpose and can be used by ever more people.

A number of noble Lords have raised the issue of the Countryside Stewardship Scheme. I am well aware of some of the concerns that have been expressed and my ministerial colleagues and I are alive to the issues as we go around the country. I hope that many key stakeholders—indeed, I can be confident about the number—now recognise that the simplified offers for the 2018 countryside stewardship application have been welcomed by the NFU and by the industry. I am very clear that the work in countryside stewardship and environmental advancement is going to be hugely important. It is the way forward whether it be health and harmony, environment, land management—indeed, all the areas that we in this House will be considering later on. This is going to be very important work for us.

The committee raised the issue of biodiversity. The noble Baroness, Lady Young of Old Scone, and the noble Lord, Lord Teverson, in particular mentioned the phrase “natural capital”. In areas such as flood resilience we are seeing a much greater understanding of the phrase and are attaching importance to it. In response to the noble Lord, Lord Cameron, and my noble friend Lord Caithness, I should say first that through commitments to strengthen the duty on public bodies, we wish to embed a principle of net gain within the planning system. This will address many of the issues which have sometimes made housing and development a problem. This will lead to a net gain within the housing system.

Secondly, we will publish supplementary information to accompany our guidance on the biodiversity duty, setting out how public bodies can further the ambitions of the 25-year environment plan. We will continue to work in partnership to help public bodies take action and to protect and enhance the environment. I have to say to noble Lords that if I had more time, I could outline many examples of this. Addressing the decline in biodiversity is a priority for the Government.

In conclusion, I have spoken about landscapes, the environment, farming, the rural economy and services, but in the end it all comes down to people and the communities they create. We need to see proper recognition of the communities on whom we rely for so much. They should have the same opportunities as those in urban areas and their needs and challenges need to be taken properly into account. That is our ambition in government, and it is my ambition, given that I have the privilege of being the Minister for Rural Affairs and the rural ambassador. Given all the differences and challenges in your Lordships’ House, I believe that we are united in the purpose of seeking a very strong and vibrant future for the rural communities not only of England but of the whole of the United Kingdom. We owe them a great deal and it is our task to ensure that they have a buoyant future.

Songbirds

Lord Gardiner of Kimble Excerpts

Thursday 28th June 2018 Grand Committee

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

My Lords, I congratulate my noble friend on giving us a lead to share our delight in songbirds and I acknowledge their importance. I have to say that I had always thought that “All the way with LBJ” referred to an American President, but I am now better informed.

Songbirds are a much-loved part of our wildlife and are to be found in a diverse range of habitats: farms, wetlands, woodlands, gardens and urban parks. The crescendo of the dawn chorus and birds feeding in our gardens, the robin and the blackbird waiting alongside the garden fork appeal to our senses. Indeed, the noble Viscount, Lord Falkland, gave us a fascinating account of his early years with birds.

Songbirds are a diverse group of around 300 species of small to medium-sized birds, making up just under half of the UK’s bird species. We should be concerned about the decline in many species of songbirds since the 1970s. The trend since the mid-1990s is more mixed with a low or no overall change in abundance, although while many populations are now stable or increasing, some individual species have continued to decline. For instance, I see more goldfinches and long-tailed tits but fewer greenfinches. I am delighted this year to have two nests of spotted flycatchers on the front of the house. Declines in songbirds are due to a combination of factors, including changes in land management practice, land drainage, loss of biodiversity, overgrazing by deer in woodlands and invasive non-native species. All have had an impact.

The noble and learned Lord, Lord Hope of Craighead, raised the important factor of the effect of climate change on migratory bird species, and only today a report has been produced on our efforts in our military bases in Cyprus and the steps being taken. The UK’s network of 273 special protection areas protects the most vulnerable and threatened wild bird species and their habitats, while our network of sites of special scientific interest provide valuable habitats for a range of bird species. Indeed, overall 3.3 million hectares of land in England are protected, providing important habitat for species.

In the wider landscape, agri-environment schemes are the principal mechanisms by which we support the conservation of songbirds by providing food and nesting resources. Since 2015, over 2,000—or nearly half—of new countryside stewardship agreements included the wild pollinator and farm wildlife package. The Forestry Commission and Natural England have produced countryside stewardship woodland bird guidance for applicants, to create the optimum conditions for songbirds, such as tree pipits and the wood warbler.

The noble Baroness, Lady Jones of Whitchurch, spoke of some of the clear evidence of successful recovery of some farmland birds due to land management funded by the agri-environment schemes. My experience is now with advances in agri-tech and precision farming, basing our decisions on pesticides on independent and the best available scientific advice. That is the basis on which we will take these matters forward.

An independent study in 2012 found that provision of winter food resources with over-winter stubble and wild bird seed crops resulted in a positive effect in local populations, as I saw on a visit to the Cotswolds, when seeing a profusion of linnets and yellowhammers. Indeed, I am reminded of the work at Loddington, to which my noble friends Lord Caithness and Lord Shrewsbury referred. I am very much looking forward to a forthcoming visit to Arundel to see what our noble friend the Duke of Norfolk is undertaking on his estates.

Another interesting point of success—we are always very worried about the declines, and rightly so—is the ninefold increase in the numbers of cirl buntings. Indeed, a new reintroduction in Cornwall of now over 1,000 birds is considered the first successful songbird reintroduction in Europe. My noble friend Lord Caithness has highlighted concerns about the impact of predator control and its effectiveness, and has suggested that we should consider our options in this matter. I share the view that targeted management of predators, using a mix of land management methods, can benefit the conservation of bird species, especially ground-nesting species.

I am also conscious of ecosystems and the natural world, in the words of the noble Baroness, Lady Jones of Moulsecoomb, and I very much hope that she will be involved in “Bees’ Needs” week. She will forgive me if I do not go down her line of country in terms of land ownership, because I would definitely be on a different page. However, we are united in wanting the best for the natural world.

Leaving the EU, whatever our view, undoubtedly presents an opportunity to devise new environmental land management schemes as a cornerstone of future agricultural policy. I was, of course, particularly taken with what the noble Viscount, Lord Thurso, said of his experiences in the Flow Country, and how success can be secured with what I call sensible collaboration with all interested parties. That point was also made by my noble friend Lord Shrewsbury.

In the 25-year environment plan, we are committed to developing a strategy for nature covering our land and freshwater habitats and to take forward our international commitments to halt the loss of biodiversity. As with Biodiversity 2020, the new strategy will seek to enhance our natural habitats, and ensure conservation and recovery.

My noble friend Lord Caithness referred to planning and the potential use of buffer strips. Indeed, the noble Baroness, Lady Jones of Whitchurch, made the point in terms of the urban situation as well. The Government are looking at how embedding a net-gain principle in planning could contribute to nature recovery alongside facilitating housing development. This approach could help to address the impact of development on songbird habitats by improving incentives to retain habitats within development sites or by increasing the amount of habitat enhanced or created.

My noble friend Lord Caithness also mentioned cats, and the joint project between SongBird Survival and Exeter University to look at this issue in more depth. Last week, when I attended the all-party group that deals with cat welfare, I was brave enough to raise this matter and explain that there would be a debate in your Lordships’ House on songbirds. My officials and I are very interested to see what the Exeter study concludes.

Invasive non-native species such as grey squirrels and muntjac deer have had a profound impact on songbirds and can undermine conservation. The pipits and pintails are back in such numbers in South Georgia—where I would love to go one day—for one reason: we tackled the invader. It is extraordinary how nature has recovered so dramatically in but a few years. I have seen at first hand the impact muntjac have had in the overgrazing of the under canopy, which means that nesting sites for birds such as the nightingale are disappearing.

My noble friend Lord Caithness has raised the matter of the loss of songbirds. Our country has long been the most active country in Europe in addressing invasive non-native species. The EU invasive alien species regulation, which our country was instrumental in developing, sets out strict restrictions on the keeping and sale of species listed under the regulation, as well as prohibiting their release to the environment. To me, biosecurity means that a key priority must be to reduce the risk of new species entering the country and to control the spread of a number of established species.

Under the joint grey squirrel action plan for England, Defra and the Forestry Commission are committed to working with landowners and other organisations to implement a package of measures to support targeted grey squirrel control. We should thank my noble friend Lord Kinnoull and all those involved in the Squirrel Accord for what they are doing. He referred to research into the development of an immuno-contraceptive. The research continues to progress well, and I acknowledge the exceptional scientists who are so engaged in this vital work. APHA is working with the UK Squirrel Accord and its donors. The formulation for the vaccine has now been identified and tests are under way with captive grey squirrels to ascertain the longevity of the vaccine and identify any potential side-effects.

I am informed that there are more deer in this country than at any time since the Norman conquest. We believe that the management of deer is clearly best carried out by local deer management groups, so that the natural flora and fauna are kept in balance. My observation is that traditional country people—who care about the land and about wildlife—appreciate that it is all about balance. If something in nature becomes out of balance, problems start to occur, as we are seeing in some areas with corvids and magpies in particular. Deer species such as the muntjac are causing damage because of their prolific breeding. It is important to look at these matters through the Deer Initiative, which brings together local groups to ensure that deer management is sustainable and effective.

We humans have the capacity to do much good. We also have the capacity to do extraordinary harm to the natural world. It is surely the responsibility of all of us to act as good custodians of the natural world and to foster it for future generations. My noble friend Lord Caithness mentioned education. This is an issue about which the next generation feels very strongly. The balance and management of nature and the wise use of land is so important. It requires a collaborative approach at home and abroad between the different UK Administrations and landowners, farmers, non-governmental organisations and members of the public. Songbirds are surely a true glory of our natural heritage. Everyone should be able to enjoy ready access to a better environment with an increasingly healthy songbird population. That is our task and our responsibility. I am so grateful to my noble friend Lord Caithness for ensuring we could debate this.

Bee Population

Lord Gardiner of Kimble Excerpts

Tuesday 19th June 2018 Lords Chamber

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

My Lords, my noble friend Lady Bloomfield is undoubtedly to be congratulated—as your Lordships have done—on securing this debate which, as ever, has been enriched by your Lordships’ own experiences. I agree with the noble Viscount, Lord Falkland. Many of us here come to this afresh and have learned a great deal, whether it is through references to literature, history, politics, architecture or health. In particular, I shall take away the practical advice of my noble friend Lord Marland and the noble Baroness, Lady Walmsley, with her Welsh blacks—which I always thought were cattle until this evening—and the noble Lord, Lord Stevenson of Balmacara.

The well-being of bees and other pollinators has been in the public consciousness a great deal over the last few years. People value bees and other pollinators in their own right but they are also vital for the growth of our wildflowers and our crops. I was struck by what the noble Baroness, Lady Miller, and my noble friend Lady Bloomfield said about the 1,500 species of pollinators’ annual contribution to UK oil seed, fruit and vegetable crop production, which is, to my understanding, valued at up to £700 million a year.

For many reasons, protecting bees and pollinators is a priority for this Government, and I particularly welcome the generous remarks made by the noble Baroness, Lady Jones of Whitchurch, and my noble friend Lord Framlingham about the national pollinator strategy and the wider biodiversity strategy. I, in turn, commend the more than 30 members of our Pollinator Advisory Steering Group—representing conservation groups, farmers, beekeepers and researchers—for their supreme efforts and expertise in helping us to deliver the strategy’s successes thus far.

The noble Baroness, Lady Miller, referred a great deal to research in her speech and we are fortunate that outstanding scientists help us monitor our collective efforts, including the Pollinator Monitoring and Research Partnership of academics and NGOs which Defra has helped to establish.

My noble friend Lord Ridley and the noble Baroness Lady Miller referred to the numbers. My understanding from the Government’s own indicators is that the confirmed long-term decline in the abundance and distribution of pollinating insects at a national scale has stabilised in recent years. However, we are clearly determined to continue working to see ever more positive results. Local level data collected by volunteers is also available, supported by public bodies, including the Joint Nature Conservation Committee and the research councils.

A number of your Lordships, including my noble friend Lady Bloomfield and the noble Lord, Lord Stevenson, referred to our 25-year environment plan setting a goal to create or restore 500,000 hectares of wildlife-rich habitat outside the protected site network. What we have heard from my noble friends Lord Ridley and Lord Robathan is an example of two noble Lords giving a personal lead in this matter. Government research shows that increases in pollinator numbers and diversity follow such increases in habitat.

The noble Baroness, Lady Jones of Whitchurch, rightly asked whether the Government are playing their part—an important point, given the considerable land holdings in the public estate. In 2016 the Ministry of Justice created more than 20 hectares of wildflower meadow, and now manages more than 50 sites with native habitats for pollinators. The Ministry of Defence has established areas for pollinators to thrive, collaborating with organisations that include Plantlife, National Parks, the Wildlife Trust and indeed its tenant farmers. These are but two of a range of areas and it is very important that the Government are joined up and that we collaborate as one in a common purpose.

My noble friend Lord Robathan raised the particular issue of agri-environment schemes. Since 2011, these schemes have played a huge role in helping landowners already to establish more than 100,000 hectares of land for restoration to flower-rich habitat. The Countryside Stewardship scheme is often woven into partnership initiatives such as Buglife’s B-Lines, referred to by my noble friend Lady Bloomfield, as well as through farmer clusters, which have been developed by the Game and Wildlife Conservation Trust with support from Natural England for farmers, landowners, managers and foresters to help develop shared plans for nature. For example, at Martin Down National Nature Reserve, 36 farmers have linked grassland habitats so successfully that since 2016, three new colonies of the scarce small blue butterfly have been established. The Bumblebee Conservation Trust, through working to reintroduce the short-haired bumblebee, has created more than 1,300 flower-rich hectares and has already seen other bumblebee species arriving on site which have not been seen for 40 years. Defra’s “Health and Harmony” consultation on agricultural policy gives us the opportunity to explore how farmers can continue to benefit pollinators and wider biodiversity, and of course contribute to successful food production.

I turn now to honey bees. We are protecting honey bees through the Healthy Bees Plan and the National Bee Unit. The noble Baroness, Lady Walmsley, my noble friend Lord Marland and the noble Lord, Lord Stevenson—the beekeepers of this House—stressed the importance of education. The educational output of the National Bee Unit last year increased to 190 courses, benefiting 9,000 beekeepers. It is aided by partnerships with the British Beekeepers’ Association, the national diploma in beekeeping and the Bee Farmers Association, to whose apprenticeship scheme Defra last year gave around £20,000. The beekeepers of the House may be particularly interested in that. Having sampled it, I can thoroughly recommend what is known as “noble House honey” from the two beehives just along the way here.

I should have said in response to points made by the noble Baroness, Lady Miller, about habitat that, in line with the Housing Minister’s May statement, there is absolutely no intention of watering down wildlife protections. The NPPF is out for consultation and before it is finalised, we will make sure that the protection of local wildlife sites is crystal clear. Defra officials continue to work closely with MHCLG to address the issue, and of course we will share the letter not only with the noble Baroness, but with all noble Lords who have spoken in the debate.

Perhaps I may make a number of points in response to the noble Lord, Lord Stevenson, on NBU inspections. These are important in helping us to manage pests like the Varroa mite, keep endemic diseases like foulbrood at low levels, and ensure that exotic pests such as the small hive beetle are absent from the United Kingdom.

My noble friend Lord Framlingham quite rightly raised the issue of the Asian hornet. It is an insect for which I have zero tolerance. It requires constant vigilance, immediate containment action and public engagement via the Asian Hornet Watch app. We are absolutely fully seized of the threat of the Asian hornet. There is every opportunity to raise awareness, for example through important collaboration with beekeepers and the app. A number of people have reported their concerns about Asian hornets—thankfully, almost all of them were not Asian hornets—but that collaboration will help us to ensure that we keep Asian hornets at bay and ensure biosecurity at all times.

Many of your Lordships have expressed opinions about pesticides. I thought that my noble friend Lord Ridley would express the views he had. I want to say, candidly, that as far as pesticides, which include insecticides, are concerned, the Government will always base their decisions on the best scientific evidence available. I say to the noble Baronesses, Lady Walmsley and Lady Jones of Whitchurch, that we will draw advice from the Health and Safety Executive and the UK Expert Committee on Pesticides.

My noble friend Lady Bloomfield cited a report by the European Commission Joint Research Centre. To my understanding, the report was published in August last year in the peer-reviewed journal Pest Management Studies. The report looked at a small number of sites and crops in Europe and spoke about the increased use of pyrethroids and changes to cultural practices, such as sowing densities or seed-bed preparations. It is worth noting that increases in pyrethroid use have not been detected in national pesticide usage surveys in England. Again, pyrethroids are subject to rigorous regulation and authorised for use only where scientific assessment finds no unacceptable effects on the environment. However, I agree with my noble friend Lord Ridley that we should continue to monitor the consequences of the neonicotinoid ban and help farmers to adapt. I could say much more but it is not possible with the time I have. We will always base our decisions on the scientific evidence that we receive from our expert committee.

With the time I have left, I want to say that Defra’s annual “Bees’ Needs” campaign encourages us all to provide food and a home for pollinators. I will ensure that all noble Lords receive further information on it. This year, with immense gratitude to Shaftesbury plc, London’s Carnaby Street—part of Shaftesbury’s Carnaby urban wildlife haven—will be renamed “Carnabee Street” from 9 to 15 July. I hope to encourage your Lordships to be part of that. Importantly, we will also celebrate the next generation of pollinator protectors such as Saint Alban’s CE Primary School and its “Pollinator Promise”, which asks people to dedicate a square-metre plot to grow plants for pollinators. So far, pupils, parents, neighbours, churches, companies, civil servants and this Minister have signed up.

I very much hope that the message in this exceptional debate from your Lordships, whether from experience of being stung or otherwise, is an example of what pollinators bring to us. I will answer in full the many questions that I have not attended to because of the time limit, because it is important that this is carried forward. Pollinators are an essential part of the ecosystem; they are also essential for food production. I cannot think of a better cause to unite us than this matter. I thank my noble friend Lady Bloomfield for gathering us together in such harmony.

House adjourned at 7.59 pm.

Flood Risk

Lord Gardiner of Kimble Excerpts

Monday 11th June 2018 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and refer to my interests in the register.

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

My Lords, between 2015 and 2021, we are investing £2.6 billion in managing flood risk, including 1,500 flood defence schemes using both hard engineering and natural flood management solutions. As a result, 300,000 homes, 690,000 acres of agricultural land, 279 miles of railway and more than 5,000 miles of roads will be better protected. A further £1 billion is being spent to maintain defences.

[Baroness McIntosh of Pickering]

Will my noble friend look favourably on the report to be published next week, entitled Bricks and Water, by the Westminster Sustainable Business Forum, the two central conclusions of which are that that the new environmental body will have real teeth when it comes to upholding environmental standards in flood protection and that farmers could be reimbursed for public good, such as retaining water on land? I know that my noble friend and the Department are keen on natural flood defences such as Pickering’s Slowing the Flow, and I hope that that will be the model.

[Lord Gardiner of Kimble]

My Lords, we are consulting on the new body, but we have strong aspirations, particularly with our 25-year environment plan, to enhance the environment, and of course that involves reducing risk from natural hazards such as flooding. Given the responses to the Health and Harmony consultation on future farming arrangements, we are also exploring ways to incentivise farming methods that reduce flood risk. Slowing the Flow, at Pickering, to which my noble friend refers, is a good example of natural flood management.

[Baroness Jones of Whitchurch (Lab)]

My Lords, the flooding of Millbank House and its subsequent closure shows how quickly flash flooding can affect any infrastructure, particularly vital infrastructure. We know that tube stations, electricity substations and so on have been knocked out in the past. Has a national survey been done of vital infrastructure where flooding could knock out services, what steps are being taken to ensure that we protect it from flash flooding, and when can we be assured that the things that keep the country moving will be protected in the longer term? What is the deadline for doing all the repair and protection of that infrastructure that will allow us to sleep more soundly in our beds?

[Lord Gardiner of Kimble]

My Lords, surface water is often much more difficult to forecast than flooding from rivers. Obviously, flash flooding has occurred, but following earlier floods the National Flood Resilience Review, published in September 2016, specifically examined the scale of flood risk and the resilience of infrastructure to flooding. That is why there are many examples of utility companies and other national infrastructure locations ensuring, rightly, that their assets are better protected from flooding. Much of this work will continue for the long term: adapting to climate change, changing with coastal erosion and deciding where the coast is to retreat and where we need to replenish. All this is part of a cocktail that we will always continue to consider.

[Lord Framlingham (Con)]

My Lords, I know that the Minister is well aware of the value of trees in general and regarding flooding in particular. I again urge him to do all he can to encourage tree planting in areas that are liable to flood.

--- Later in debate ---

[Lord Gardiner of Kimble]

Undoubtedly. To go back to Slowing the Flow at Pickering, tree planting was part of that process. It is about crops to be grown, trees and buffer zones. We are increasingly realising that there are all sorts of ways in which natural capital is a resource for us to use, and that we can work with farmers and landowners to support it.

[Baroness Bakewell of Hardington Mandeville (LD)]

Flooding can be devastating for businesses, homeowners and tenants. The cost to business can sometimes result in the business folding. Despite flood risk measures, many retailers and businesses have been flooded several times. As Flood Re applies only to domestic properties that cannot get insurance due to flood risk, do the Government have any plans to introduce a scheme that would help hard-pressed businesses which also suffer from the continual threat of flooding?

[Lord Gardiner of Kimble]

My Lords, whether it affects families, communities or businesses, clearly flooding is devastating and the clear-up can be very much a long-term affair for many. That is precisely why the business-led Property Flood Resilience Roundtable published an action plan in 2016. It is now working on a flood resilience code of practice—this is really important for places such as York, which unfortunately flood very frequently—and how to adapt the electricity supply, for example, so that if there is future flooding, recovery is much speedier. That is the way forward.

[Lord Stone of Blackheath (Lab)]

I am not sure whether I heard properly, but in spite of the United Nations World Water Development Report, which promotes very favourable natural solutions for water, both ecologically and financially, did the Minister say that out of £2.2 billion, we are spending only £15 million on natural-based solutions? If so, can we think again?

[Lord Gardiner of Kimble]

I did not talk about £15 million, but there are some specific projects involving natural capital and the £15 million that I did not mention. But, the £2.6 billion includes both hard engineering and the use of natural capital in the scheme. So, the £15 million is about specific, often community- led projects.

Transport Emissions in Urban Areas

Lord Gardiner of Kimble Excerpts

Tuesday 22nd May 2018 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 shall repeat as a Statement an Answer given to an Urgent Question in another place by my right honourable friend the Secretary of State for Environment, Food and Rural Affairs, on improving transport emissions in our urban areas. The Statement is as follows:

“Air pollution is the greatest environmental threat to human health in this country and the fourth biggest public health killer after cancer, obesity and heart disease. Today marks the publication of the latest stage in this Government’s determined efforts to reduce and reverse the effects of air pollution on our health and on our natural environment. Our clean air strategy consultation, published today, outlines steps that we can all take to reduce the emission of harmful gases and particulate matter from all the sources that contribute to polluted air. It is important to recognise, as I know my honourable friend does, that air pollution is generated by a wide variety of sources: from the fuel used for domestic heating to the application of fertilisers on agricultural land; and from the use of chemicals in industry to sea, rail, air and road transport. The strategy published today outlines specific steps that we can take to reduce the use of the most polluting fuels, to manage better the use of manures and slurries on agricultural land and also to ensure that non-road mobile machinery is also effectively policed, among other measures.

Also, my honourable friend asks specifically about urban transport pollution and of course last year the Government published their UK plan for tackling roadside nitrogen dioxide concentrations. The plan allocated over £3 billion to help reduce harmful NOx emissions, including £475 million to local authorities to enable them to develop their own air quality plans. Since then we have been working with local authorities to help them deliver specific solutions and have issued ministerial directions to 61 local authorities to ensure that they live up to their shared responsibilities.

Our plan, of course, committed us to phasing out the sale of conventional diesel and petrol cars by 2040 and taking them off the road altogether by 2050. This is more ambitious than any EU requirement and puts Britain in the lead among major developed economies.

Alongside that commitment, we are dedicating £1.5 billion to the development of zero-and ultra-low emission vehicles, including support for new charging points across the country. We were, of course, helped in the preparation of our clean air strategy by the excellent report produced by the chairs of the Health, Transport, and Environment, Food and Rural Affairs Committees, which was published earlier this year. In their excellent report on air quality, the Joint Select Committees recommended introducing a new Clean Air Act, and we will introduce primary legislation to clean up our air. They suggested that we initiate a new health campaign and we will, as the Secretary of State for Health has emphasised, introduce a personal messaging system to ensure that those most at risk receive the information that they need about pollution risks.

It was also recommended that we place health and environment at the centre of our strategy, rather than simply technical compliance, and we do that with ambitious new targets that match World Health Organization metrics on improving air quality. We were also asked to reduce emissions from tyres and braking, the so-called Oslo effect, and today we announced action to work with manufacturers to do just that.

Emissions have fallen consistently since 2010, and my predecessors in this role are to be commended for the action that they have taken. But today’s strategy marks the most ambitious steps yet to accelerate our progress towards cleaner air, and I commend it to the House”.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for that Statement. He will know that the Question focused on transport emissions because of their glaring omission from today’s published clean air strategy. Defra’s own research makes it clear that the quickest way to tackle nitrogen oxide pollution is to introduce a network of clean air zones in urban areas. Can the Minister explain why this Government are adamantly refusing to take this action?

At the same time, there is an urgent need to phase out diesel cars and vans. The Government’s current target is a very unambitious 2040. Does the Minister accept that it is both feasible and desirable to bring that date forward?

Finally, today’s clean air strategy has been produced in part to satisfy the courts, which have demanded urgent action. Does the noble Lord recognise the important role that courts can play in defending environmental standards? Will his Government now pledge to support our amendment, giving greater powers, including recourse to court action, to the UK green watchdog post Brexit?

[Lord Gardiner of Kimble]

My Lords, this is an extremely ambitious strategy. New legislation will be introduced to give local government new powers to take decisive action. We have deliberately said that this is for local government because, with the funds that we are providing of £3.5 billion, we want to work with local government because we think that that is the place where local decisions can be best made. That is why we need to work in partnership—and we are intending to, because that is how we will receive the greatest remedy.

The noble Baroness suggested that, in effect, the Government were not proceeding with vigour. In fact, we are bringing forward some of the most ambitious proposals for any developed economy. Many of them exceed what other EU countries are doing—and I think that that is very important indeed.

On the point about the courts, clearly we are mindful of what court proceedings have said. We were very pleased that the court in the last case acknowledged the right course of action. Where it did not agree was in saying that we should have directed local authorities, which we have now done; we will work with 61 local authorities where the most concern is directed. That is precisely where we will solve a lot of problems, particularly of nitrogen dioxide. Certainly, that is what we intend to do.

[Baroness Randerson (LD)]

My Lords, the endless repetition of the mantra that this is ambitious and that the Government are world leading does not convince anyone. The truth of the matter is that 50% overall of roadside pollution by nitrogen oxide, and 80% in dense urban areas, is caused by transport, which is largely omitted from today’s announcement.

Is the Minister aware that, in the last three months, sales of petrol vehicles have soared to fill the gap left by diesel ones, which people are deserting because they have become aware of their emissions? Yet, by buying petrol vehicles, they are now creating pollution from CO₂, which has been the subject of so much concern in the past. Do the Government realise that what they are doing by their laissez-faire approach is far too little, far too late? Producing a date of 2040 for ending the sale of petrol and diesel vehicles means that the Government are dragging along in the wake of the motor industry, which is working very much faster than that.

[Lord Gardiner of Kimble]

My Lords, I dispute what the noble Baroness has said. I have figures here from when my party and hers were in government, which include considerable reductions in air pollution since 2010. I wonder whether the noble Baroness wishes not to acknowledge the reduction of, for instance, 27% in nitrogen oxide from 2010 to 2016. So progress is being made, but we want to make more. The noble Baroness shakes her head, but I would have thought she would have been pleased about the investment of £1.5 billion to position the UK at the global forefront of all ultra-low emission vehicle development, manufacture and use. We are doing all these things and we are world leaders in this. Our investment in ultra-low emission vehicles may not be recognised by some in your Lordships’ House but it is recognised by other countries. We are going to ensure that, with increased electric charging, these vehicles will replace conventional combustion engine ones.

[Lord King of Bridgwater (Con)]

Does my noble friend agree that one of the causes of extra emissions is traffic congestion? Am I the only Member of your Lordships’ House who feels that there are an increasing number of occasions when local authorities and others close roads and are extremely slow to reopen them after the work has been done? Can I direct him to come with me to Parliament Street and Whitehall, where there is an absolutely classic illustration of that problem? One drain has been repaired, the south side of the carriageway is completely closed and there is serious congestion in Horse Guards Avenue. I talked to the people who were removing the barriers, in a rather leisurely way, work having finished some time this morning, and said: “When is this going to reopen?” They said, “Midnight tonight”. There ought to be an arrangement when, if the work finishes early, there is a messaging system and roads can be reopened swiftly, so that the traffic can flow and we can then end the congestion that otherwise occurs when there are these blockages.

[Lord Gardiner of Kimble]

I entirely agree with my noble friend and will pick that up with TfL and the Department for Transport. As my noble friend rightly identified, congestion is a cause of pollution, as is the idling of vehicles. I am pleased that the City of Westminster has issued an edict about idling and turning engines off. This is very helpful.

[Lord Dubs (Lab)]

My Lords, 2040 to 2050 is still a long way away. I appreciate that one has to develop infrastructure so that there are charging points for electric vehicles. However, could we not have made an immediate decision to encourage the use of hybrid cars at the expense of petrol and diesel ones? Hybrid cars have enormous advantages and this could be done very quickly, without any charging points. Why not?

[Lord Gardiner of Kimble]

My Lords, there are many plus points in hybrid cars and I entirely agree that, at this time, they are a very good option. However, with our investment in ultra-low emission vehicles and in more publicly accessible charging points, we are clearly moving towards ensuring that ever more ultra-low emission vehicles are bought.

[Lord Teverson (LD)]

My Lords, the Minister has quoted our position worldwide. However, the fact is that the end of last week the European Commission infracted us for not meeting air quality standards. So we are one of the six dirty half-dozen of Europe for air quality. That is a fact—we would not be going in front of the ECJ if we were not. Commissioner Vella put that down in particular to those six member states being persistent offenders that were in the last chance saloon. Can the Minister say how we can make these strategies, and all the other plans we have, credible, not just to Europe but to our own citizens, to convince them that this time we will perform where in the past we have singularly failed?

[Lord Gardiner of Kimble]

There were a number of points there. We are one of 22 member states reporting exceedances, and there are 12 other countries against which infraction proceedings are carrying on. So this is undoubtedly a problem in many of the developed economies, which is precisely why the £3.5 billion, plus what we are announcing today on particulate matter and ammonia, is all about bearing down on the problem of improving air quality generally. We recognise that it is a great health problem that has a great cost in misery and financially. We wish to address this, and this is what we precisely need to do.

[Baroness Fookes (Con)]

My Lords, I draw my noble friend’s attention to a scheme I saw being demonstrated at the current Chelsea Flower Show. Research has shown that some common house plants such as ivy are brilliant at clearing pollution within a domestic situation. This seems to be an interesting point that might be followed up.

[Lord Gardiner of Kimble]

I entirely agree with my noble friend, whom I saw at Chelsea very early yesterday morning. Plants and trees—the natural world and its protection—are hugely important because of what the natural world does for us. We still have a lot more to learn, and there are many plants from which I hope we will learn a great deal more about improving our environment.