Food Safety Standards: Brexit

Lord Gardiner of Kimble Excerpts

Thursday 11th January 2018 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what steps they are taking to ensure that, after Brexit, current United Kingdom food safety standards are not undermined by the import of poorer quality food produced to lower animal welfare standards from the United States and other potential trading partners.

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

My Lords, I declare my farming interests as set out in the register. We want to advance the consumption of great British food both at home and abroad. Our food is held in high repute thanks to our animal welfare and food safety standards. The withdrawal Bill will transfer on to the UK statute book all EU food safety and animal welfare standards. Our current high standards, including import requirements, will apply when we leave the EU.

[Baroness Jones of Whitchurch (Lab)]

I thank the Minister for that reply, but is he aware that Liam Fox has agreed with American officials that their trade talks will be held in secret and that the US Commerce Secretary has said that scrapping the hygiene rules that hinder US exports of food to the UK and others would be a,

“critical component of any trade discussion”?

Is he also aware that Liam Fox is previously on record as saying that there is nothing wrong with chlorine-dipped poultry, despite its use to disguise huge bacterial contamination, such as salmonella and E. coli, which arise from its inadequate hygiene standards? The Government are clearly desperate for a US trade deal, so how can we be sure that the interests of British consumers and farmers will not be sacrificed in pursuit of that bigger prize, or are the Government ultimately prepared to walk away if compromise is demanded in those negotiations?

[Lord Gardiner of Kimble]

My Lords, I am grateful for this opportunity, because clearly, as I said, the withdrawal Bill will bring back legal requirements on to our statute book. Yes, of course we want to have a vibrant trade arrangement with the United States of America—I hope all your Lordships wish to have vibrant trade arrangements around the world; we are a trading nation after all—but we have been very clear that we are not going to water down or compromise on the standards I have set out. Indeed, they will be transferred into our own domestic law. The very points that the noble Baroness raised will be on the statute book.

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend agree that the Food Standards Agency will have a key role to play in ensuring high food safety standards? This will obviously have resource and staff implications, and a whole raft of regulatory instruments will presumably have to be adopted. What is the Government’s proposed timetable to approve them?

[Lord Gardiner of Kimble]

My Lords, all the agencies, including the Food Standards Agency, play a hugely important role in terms of consumer confidence. It is important that we ensure that the resources are put in place—as we are doing in Defra, with additional resources to deal with many of these things—so that we can continue to have the confidence that we should have. I want to be clear again: we will not compromise on the standards that will be on the statute book. Those are the requirements that we will adhere to in any trade deals.

[Lord Purvis of Tweed (LD)]

My Lords, if these standards had been established under existing EU trade arrangements, a mandate would have been sought and secured by the Commission from the Council and then published for the Parliament. The Government have not done that with this Parliament. A public scoping exercise would have been carried out and published, and this Parliament through our MPs would have been able to consider that, too. That also is not happening. Why are the Government proposing under this working group fewer opportunities for this Parliament to intervene and less transparency even at this stage of the discussions? In respect of the trade Bill, the mechanism that Parliament would have as a result of this exercise is an unamendable single statutory instrument. Why are the Government proposing less transparency and fewer opportunities for parliamentary accountability than we currently have by virtue of our membership of the European Union?

[Lord Gardiner of Kimble]

My Lords, I shall take the opportunity to take that question away and look at it so that I give a proper and detailed reply, of which I shall put a copy in the Library, because it is important. This Government are absolutely clear that we want trade deals. They will be reputable for all sorts of reasons that I have outlined, and we certainly want transparency.

[Lord Trees (CB)]

My Lords, for some time after Brexit and with many countries, we will inevitably trade under WTO standards. There seems to be some uncertainty as to what extent animal welfare standards such as stocking rates of broiler chickens and so on can be used as conditions of trade under WTO rules. Have the Government sought legal advice on this? If so, can the UK legally demand that certain standards be met under WTO rules?

[Lord Gardiner of Kimble]

My Lords, as I have said, on our statute book will be all the current EU welfare standards, but there are some recent WTO cases which we think will be helpful and we are giving them active consideration.

[Lord Rooker (Lab)]

I commend the Minister for the firmness with which he has put the case that the Government will not deviate from our standards. That is to be commended, and of course it is noted. That being the case, will he have a word with his colleagues in the other departments who keep saying that Brexit will lead to cheap food? It is inconsistent to talk about cheap food, because the only way that can arise is if our own poultry industry, pig industry and beef industry are decimated by cheaper imports based on lower standards.

[Lord Gardiner of Kimble]

I have said what I have said, my Lords, which is that I am absolutely clear that we will not water down any of our standards. They will already be on the statute book when Parliament has enacted the EU withdrawal Bill. They will be UK statute.

[Baroness Smith of Newnham (LD)]

My Lords, no Parliament can bind its successor. What assurance can the Minister give us that, on day 2 after leaving the European Union, there could not be proposals to water down those rules? Will we be told that the 17.4 million people who voted to leave wanted to change the rules to get a deal with the United States?

[Lord Gardiner of Kimble]

The noble Baroness has set out the position: that no Parliament can bind its successors. All I have been absolutely clear in saying is that the direction of travel of this Government is that we are not watering down; there will be requirements on the UK statute book. It would be for Parliament to decide in the future what it wanted to do, but I have been absolutely clear about the direction of travel.

Waste: Chinese Import Ban

Lord Gardiner of Kimble Excerpts

Thursday 11th January 2018 Lords Chamber

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

My Lords, I am most grateful to the noble Lord, Lord Greaves, for securing this debate on the recent China waste restrictions. As a number of noble Lords have said, it is topical and timely following the launch today by the Prime Minister and the Secretary of State of the 25-year environment plan. It makes new commitments on resources and waste, and aims to fulfil our manifesto commitment to leave the environment in a better state than when we found it.

I hope that noble Lords understand that of course I am always keen to debate Defra matters both in this Chamber and outside. It is way above my pay grade to suggest that there should be a debate, but perhaps I may say that I will actively encourage one, and your Lordships’ comments today have been most helpful in that regard. However, I hope that noble Lords will also understand that I can say very little more.

So many questions have arisen that in order to do justice to them, I will have to promise to write to noble Lords. In that way I can do justice to all the detailed comments. The 25 year environment plan also commits to eliminating avoidable plastic waste by 2042. I can well accept that no one wants to wait until that year for it to happen and work has already begun. I grant that it is a very small beginning, but as of this week there are no more plastic cups in the House, and in have come glass beakers. This is the sort of example we must set. We have said in the plan that we want central Government to do these things. I am looking around at noble Lords and I have already seen some plastic cups. We need to address these issues ourselves and set an example.

I emphasise that it is a priority globally. China takes more than 50% of the world’s waste in paper and plastic. Waste paper and plastic have indeed been important global commodities and the Chinese market has been an important destination. As the noble Lord, Lord Greaves, said, we in this country have been sending 12% of our plastic waste to China. Interestingly, that is 0.4 million tonnes a year. Interestingly, Germany is sending 0.6 million tonnes, and Japan and the United States are sending 1.5 million tonnes. I am pleased that since 2010 our levels of plastic sent to China has dropped from 0.7 million tonnes to 0.4 million tonnes. The UK also exports a considerable amount of waste paper to China—41%. Based on the information the Chinese have offered to the WTO, our assessment is that mixed plastics and paper will no longer be accepted but there are indications that there are materials, such as old corrugated cardboard, that will not be subject to a total ban.

Since July, when we first heard about the China restrictions, it has been a priority for us to put in place immediate and longer-term actions. The Government continue to clarify the details of the restrictions through the EU and to China via the WTO. I say to the noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Greaves, that the Environment Agency has issued fresh guidance to exporters to ensure that operators are clear on their duties to handle waste, given the restrictions and tighter environmental standards. In addition, it will require fire protection plans for all sites storing any combustible waste.

In addition, we are already seeing evidence that some operators have found alternative export markets. We are also seeing companies embrace new technologies. For example, Viridor has said it is exploring new applications for recycled plastic and opportunities to enhance its polymers investment programme. We are working closely with industry, the Environment Agency, WRAP, local authorities and all interested parties.

In the short term, we recognise the need for new markets. Where new markets or domestic reprocessing are not available, any alternative, such as energy recovery, has to follow the waste hierarchy. Landfill is an absolute last resort. I am interested in what the noble Baroness, Lady Jones of Moulsecoomb, and my noble friend Lady McIntosh said, and in the example of North Yorkshire. Energy from waste provides a valuable contribution to the treatment of waste that cannot be prevented, reused or recycled, and ensures it does not go to disposal in landfill. I am mindful of the importance of this to the environment. I say to both noble Baronesses that the Environment Agency regulates all the energy from waste plants and operators must comply with the emissions limit set by the industrial emissions directive to prevent or limit pollution by emissions into air, soil, surface and groundwater. The Environment Agency inspects such facilities regularly. Also on landfill, since 2010 landfill from England has fallen by 64%—there is more to do, but we are going in the right direction.

Looking to the longer-term investment, under the waste infrastructure delivery programme the Government will have committed £3 billion by 2042, supporting investment in a range of facilities to keep waste out of landfill and improve recovery of waste. That is obviously a continuing investment as facilities are opened. This is not about this happening in 2042, but about a continuing programme.

We have also published a number of recent strategies with a spotlight on resource efficiency—for example our recent litter strategy, which aims to have substantial reduction in litter and littering behaviour. The noble Lord, Lord Greaves, and the noble Baroness, Lady Jones of Whitchurch, were absolutely right to refer to the waste hierarchy and the circular economy. The new resources and waste strategy will build on the firm foundations of the waste hierarchy and our commitment to increased resource efficiency, and to move to a circular economy. In autumn last year the clean growth strategy set out our ambition to have zero avoidable waste by 2050 and announced that we are exploring changes to producer responsibility schemes. The detail of this will be set out in the resources and waste strategy.

On biodegradable plastic, which the noble Baroness, Lady Miller, referred to, we are committed in the 25-year environment plan to look at technological changes. This is a particularly interesting area. The noble Lord, Lord Greaves, mentioned our liaison with BEIS, which is very important. We worked with BEIS very closely to develop the contribution to the industrial strategy, which is also about an ambition to double resource productivity by 2050.

A number of noble Lords referred to the Government’s call for evidence on managing single-use drinks containers. Our working group will report to Ministers shortly. I cannot prejudge what it will say, but I look forward to it very much. We are also working with the Treasury on a call for evidence this year, seeking views on how the tax system or charges could reduce the amount of single-use plastics waste.

My noble friend, Lady Redfern, is right to speak about the 25p charge on single-use plastic, which, as has been said, we are looking to expand in the 25-year plan, and the ban this week on microbeads in cosmetic products. This is part of action now that we need to build on. I particularly say to the two noble Baronesses, Lady Jones of Whitchurch and Lady Jones of Moulsecoomb, that I think what the Secretary of State outlined as his four-point plan when he chaired the industry round table on plastics is where we should be on tackling plastic waste and I hope your Lordships will agree: cutting the total amount of plastic in circulation; reducing the number of different plastics in use; improving the rate of recycling; and making it easier for individuals to know what goes into recycling bins and what into general rubbish. This is the way we need to work, with rigour.

As the China restrictions come into force we will continue to devote our energies here and abroad on this issue to ensure we not only manage this in the short term, but bring forward new solutions, such as through new technologies. My noble friend Lady McIntosh also raised this; I am interested in the plastic technology platform as part of the funding to support the industrial strategy, which is hugely important. The Chinese decision underlines why progress is imperative. We must reduce the amount of waste we produce overall. I agree with the noble Lord, Lord Berkeley, and other noble Lords that we need to reduce the amount we are exporting around the world.

We all need to play our part—government, industry, stakeholders and consumers—to ensure that we use our raw materials wisely, produce less waste and increase our recycling and recycling standards at home, adhering to the waste hierarchy. I endorse what the noble Baroness, Lady Miller, said. It is right that we record the inspiring work of interested organisations that, year in, year out, have worked on these matters. The outcome of the 25-year environment plan, alongside the clean growth strategy, the industrial strategy, the litter strategy and the forthcoming resources and waste strategy are all where we have to show that there is action in a progressive fashion, now, in the medium term and the long term. But I am absolutely clear that the fulfilment of all these will have a profound and beneficial impact on the planet and our environment. I believe—this is why I look forward to future debates in this honest adventure of a better planet and a better country—that there is so much of what has been discussed by your Lordships on which we can surely all unite.

Plastic Waste

Lord Gardiner of Kimble Excerpts

Tuesday 9th January 2018 Lords Chamber

[Lord Teverson]

To ask Her Majesty’s Government what action they are taking following the decision of the Government of China to restrict imports of foreign waste.

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

My Lords, since China’s announcement the Government have raised their concerns on the scope and scale of the restrictions through the EU and WTO. We are working with local government and industry to minimise the impacts on public health and the environment and to assist in assessing alternative markets. We want to improve the quality of materials collected for recycling and reform the producer responsibility scheme for packaging to reduce waste.

[Lord Teverson (LD)]

My Lords, I thank the Minister for his reply and for his longer-term vision. However, the Government have been slow on this. We have a crisis. First, will the Minister guarantee that landfill will not increase significantly in the short term? Secondly, when warehousing or providing greater storage of waste material while we find a market for it, will the Environment Agency and other agencies make sure that pollution locally does not happen and fire hazards are kept to a minimum?

[Lord Gardiner of Kimble]

My Lords, since the Government heard of China’s decision in July, a great deal of work has been done. I can assure your Lordships’ on that. It is clear that the last resort is always landfill. More reuse, recycling and energy recovery in this country is the top priority. Landfill will always be the last resort. The noble Lord is right about the role of the Environment Agency, which is very important. It has been working with key partners and issuing guidance. It is important that the well-being of the environment is the number one priority,

[Lord Geddes (Con)]

My Lords, my noble friend may not be entirely surprised by my supplementary question. Does he agree that it would greatly mitigate the effect of the decision by the Government of China if we stopped wrapping just about anything and everything in plastic?

[Lord Gardiner of Kimble]

My Lords, my noble friend makes an important point. What we want to do, through the resources and waste strategy which will be published later this year and the clean growth strategy which was published in October last year, is to see zero avoidable waste. We want to see less packaging and that the plastic we do use is readily recyclable.

[Baroness Jones of Whitchurch (Lab)]

My Lords, does the noble Lord agree that, apart from persuading consumers to use less plastic, the Government should be doing more to encourage emerging technologies in this area by creating markets for recycled plastics? Sadly, the first wave of plastic recycling companies could not survive because virgin plastic was cheaper than recycled plastic. Is this not an area in which the Government really should be intervening to ensure that there are proper markets for recycled goods so that the recycling companies can grow and prosper?

[Lord Gardiner of Kimble]

My Lords, the noble Baroness is absolutely right. We want to ensure that we use all the innovation and technology we can. It is interesting to note that a number of the key waste management companies see what has happened in China as, ironically, a real opportunity. Companies like Suez and Biffa are saying that there are real opportunities in this and they want to find alternative markets. This is a serious situation on an international scale. For example, some 56% of globally exported plastic waste ends up in China, so we need to address this issue on a global basis.

[Lord Alton of Liverpool (CB)]

My Lords, can the Minister tell us what percentage of the some 500,000 tonnes of plastic waste that are estimated to be exported from this country to China each year are actually capable of being recycled? Further, in his response to the noble Lord, Lord Teverson, he did not say anything about incineration. There has been some speculation that the Government might support incineration, but would that not be simply adding one environmental degradation to another?

[Lord Gardiner of Kimble]

My Lords, I used the phrase energy recovery. That is via the use of incineration and the source of fuel it provides is a much better use than landfill. Moreover, landfill quantities have been reduced dramatically. Some 3.7 million tonnes of plastic waste are created in this country of which 0.4 million tonnes is sent to China. That actually represents a reduction from 0.7 million tonnes of waste being exported in 2010, so a reducing amount of waste is going to China. However, it is clear that we need to do better, and that is why we are working on this issue.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, in thinking about the importance of recycling, can the Minister tell the House what research the Government know about, or are supporting, into the development of biodegradable materials that can be used, particularly in packaging? Some are available but the quantities are small relative to the stuff which is advertised as being recyclable. While I am on my feet, could I also ask the noble Lord to put in a plug, when he is thinking about recycling, for home composting? It is frightfully useful to anyone who has a garden.

[Lord Gardiner of Kimble]

My Lords, I am a fanatically zealous composter, as my wife knows very well. Whether waste is biodegradable or whether we are considering the better use of plastics, by which I mean quality plastic that is consistent and is readily recyclable across the country, we want to learn from the best examples. Many local authorities are doing extremely well in this area and we want to replicate their work across the country.

[Baroness Jenkin of Kennington (Con)]

My Lords, I declare my interest as a board member of WRAP. I welcome the fact that today is the day when the ban on the use of microbeads will be introduced. I also welcome the fact that some 9 billion fewer plastic bags are in circulation than when the levy was introduced. However, will my noble friend look carefully at the recyclability of takeaway coffee cups, which currently cannot be recycled properly? What are the Government going to do about this?

[Lord Gardiner of Kimble]

My Lords, I endorse what my noble friend says about plastic bags. There has been a reduction of 83% of the plastic bags in circulation, and now we have the microbeads ban. We are working with the Treasury on a call for evidence this year seeking views on how the tax system or charges could reduce the amount of single-use plastic waste whether in the form of coffee cups, straws and so on. We need to adopt a different attitude to all of these issues, and I am very pleased that we are working on them.

Brexit: Environmental Enforcement Agency

Lord Gardiner of Kimble Excerpts

Monday 8th January 2018 Lords Chamber

[Baroness Jones of Moulsecoomb]

To ask Her Majesty’s Government whether they intend to establish an independent environmental enforcement agency before the United Kingdom leaves the European Union.

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

My Lords, on 12 November last year, the Secretary of State set out plans to consult on a new independent and statutory body to hold government, and potentially public authorities, to account on environmental commitments. We will carry out a consultation early this year on its remit and functions. I do not want to pre-empt the result of the consultation, and so at this stage cannot be definitive about timescales for establishing the new body.

[Baroness Jones of Moulsecoomb (GP)]

I thank the Minister for his reply, but I am curious about the consultation. Will it be made public so that we have a chance to examine it in this House before the withdrawal Bill comes through, so that we are well informed about exactly what we are voting on?

[Lord Gardiner of Kimble]

My Lords, I assure your Lordships that it will be a full and proper consultation. We want to have detailed consideration with stakeholders and your Lordships so that we get the right decision because we recognise that something needs to be done to fill what we acknowledge is a governance gap. I am not sure about the precise timings, but the whole purpose of an early consultation is so that we can move this forward.

[Lord Whitty (Lab)]

My Lords, this will be a powerful new organisation, which I understand will have the ability to fine or otherwise sanction other public bodies. In that case, is it the Government’s intention to produce primary legislation for the introduction of this body or are they still assuming that it will be dealt with in delegated legislation? My other question is: will this body have some jurisdiction in the remaining seven years of the present system of farm support in fulfilling the role of making sure that environmental standards are met by agricultural practitioners?

[Lord Gardiner of Kimble]

My Lords, the whole purpose of the detailed consideration and our consultation is to decide, and to have reflection from stakeholders, on the best way forward. That is why, at this stage, we have not made a firm decision as to the route because we think we should not pre-empt what is a serious consultation. As to the matter of agriculture, we have been very clear that we wish there to be a transitional phase. However, the arrangements in the withdrawal Bill are that existing EU law will be brought on to the UK statute book. What we are looking at is how we deal with the situation after we have left the European Union and, potentially, after an implementation period.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend explain to the House what the situation will be for EU directives that are currently being revised but which will be approved by the European Union before the point of departure? Will he also explain what the relationship will be between this statutory independent body and the existing Environment Agency?

[Lord Gardiner of Kimble]

My Lords, we will continue to implement EU legislation that is on the statute book. The whole purpose is to have certainty on the statute book. What we want with this new environmental body is to ensure that there is not a governance gap and that in our wish to enhance the environment, government and, potentially, other public bodies can be held to account. We think that that is very important indeed.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, will the Minister tell us what discussions are taking place with the devolved Administrations, such that the new body can be co-designed and owned by all four Governments, given the importance of these areas to devolved responsibilities?

[Lord Gardiner of Kimble]

My Lords, we are already working with devolved Administrations on which powers coming back from the EU should be devolved further. We want to explore whether Scotland, Wales and Northern Ireland wish to take a different or a similar approach on this matter. If they wish to join what will be an English body, we would be pleased. On the other hand, they may decide to take a somewhat different approach. Our thrust in this is to collaborate so that if they wish to be part of this body, we would welcome that.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the Government have said that the new environmental body must have teeth. Will the Minister say how the Government will ensure that this happens and what teeth they envisage it will need?

[Lord Gardiner of Kimble]

My Lords, again, I do not want to pre-empt the consultation. We want a wide consultation and stakeholders, your Lordships and others to participate in it. We need to fill the governance gap, particularly as we wish to enhance the environment. I hope that before too long we will publish the 25-year environment plan. We want to enhance the environment, and that is a step forward. I assure the noble Baroness that we wish to have a rigorous environmental body.

[Baroness Young of Old Scone (Lab)]

My Lords, the Minister pointed out that this measure is aimed at closing the governance gap. One of the major benefits of the EU enforcement mechanism was that it could enforce fines against the Government in infraction proceedings. I have not been able to find another UK independent regulator which has that power at the moment. Can the Minister tell us whether the new independent regulator will be able to enforce environment standards not only on public bodies but on the Government?

[Lord Gardiner of Kimble]

My Lords, I will be straightforward. We want to proceed with this because we think government and public bodies should be held to account. We have existing frameworks, regulators, judicial review processes and Parliament ensuring that the Executive are accountable to them and, ultimately, to the electorate. This is an important matter, and we are going to consult widely. We have not ruled anything in or out. We want a full consultation so that we can understand what stakeholders and other interested groups think is the best way forward in holding government and public bodies to account.

[Lord Campbell-Savours (Lab)]

My Lords, Mr Gove, in his general approach to amendments in the law, has suggested that there will be a tightening up of slaughterhouse regulations through the use of CCTV cameras. Will the Minister comment on what is being proposed and when we might see legislation?

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, it was in the Conservative manifesto that we wish to have CCTV in all slaughterhouses for all parts of their operations involving live animals. We will bring forward proposals for that because it is an important part of enhancing animal welfare. It will also assure consumers that animals are being treated in a humane manner at the point of dispatch. I look forward to introducing those legislative proposals.

[Lord Harris of Haringey (Lab)]

My Lords, can the Minister tell the House to whom this new agency will be accountable? Will it be accountable to government Ministers, whom it might criticise, or will it be accountable to Parliament?

[Lord Gardiner of Kimble]

My Lords, the whole basis of having a consultation is not to prejudge anything. I assure your Lordships that this is serious work on a serious subject in which, yes, government and public bodies need to be held to account. There could be a range of ways in which that can be secured. A number of your Lordships have mentioned fines, but it could be through the provision of advice or annual reports to Parliament. I do not want to rule anything in or out because we are having a genuine consultation.

[Baroness Jones of Moulsecoomb]

My Lords, may I recommend to the Government that they devise principles on which to base this new body? You cannot have a new body that is entirely designed by the public. You need to have principles—for example, that the polluter pays—through which the Government can be held to account. You cannot devise a new, strong enforcement body without any principles underlying it.

[Lord Gardiner of Kimble]

My Lords, I am most grateful to the noble Baroness because part of my script is that we will be setting out plans to consult on a new policy statement precisely on the environmental principles that will apply post our exit. It is absolutely right that one principle in the current system of environmental legislation is that the polluter pays. In the proposed consultation we will explore the scope and content of a new statement on environmental principles.

Ivory Trade

Lord Gardiner of Kimble Excerpts

Thursday 21st December 2017 Lords Chamber

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

My Lords, I am most grateful to my noble friend for securing this debate on ivory. The protection of endangered species around the world is a priority for this Government, as we reaffirmed in our manifesto earlier this year. Key to protecting endangered species is tackling the demand for wildlife products such as ivory.

The noble Lord, Lord Hogan-Howe, showed his humanity, courage and experience during his maiden speech. I am sure your Lordships would all agree that it is no surprise that the noble Lord is a Member of this House. His experience will be invaluable on so many matters.

As the noble Baroness, Lady Jones of Whitchurch, said, the illegal wildlife trade is a serious criminal industry. The illicit nature of the trade makes it challenging to value precisely. However, it is estimated to be worth up to £17 billion a year globally. It not only threatens some of the world’s most iconic species, such as elephants, with extinction, but damages economic growth and sustainable development. It is fuelled by corruption, which in turn undermines good governance and the rule of law.

The UK is committed to playing a leading role in tackling the illegal wildlife trade and the trade in illegal ivory, and we are working with our international partners to protect endangered species. The proposed ban on UK sales of ivory, and on its import and re-export, should build on the range of actions we already undertake across Africa and Asia, both to protect elephants and to tackle the demand for ivory. Already, as a matter of policy, we do not issue export permits for raw ivory—in other words, tusks—of any age. Our proposed ban will go even further than this. We want to bring an end to the poaching of elephants, and our proposed ban demonstrates that we are willing to take direct action in the United Kingdom.

Elephants are an important and iconic species that are revered by many people both in this country and across the world. They are extraordinary and emblematic creatures, playing a key role in the ecosystems of their range states. They disperse seeds crucial for new plant and tree life to grow. In forested areas they create gaps in the canopy, encouraging tree regeneration, and in the savannahs they clear tree and shrub species, allowing grass to grow which in turn provides food for other species. They are, therefore, essential to the very essence of the countries where they live.

The noble Lord, Lord St John of Bletso, spoke of the forest elephants, yet every year the population of African savannah elephants alone declines by 20,000, primarily due to poaching. If this rate of poaching continues, elephants could become extinct within decades in some African countries. It is surely our duty to act to help protect this iconic species and assure its future in the wild. Indeed, the noble Baroness, Lady Bakewell of Hardington Mandeville, and the noble Lord, Lord Stevens of Kirkwhelpington, spoke movingly of their experiences. Indeed, I shall never forget seeing families of elephants in Africa in happier circumstances.

The noble Lord, Lord Purvis of Tweed, spoke of the economic issues. The loss of elephants would deprive some of the poorest countries in the world of an invaluable natural asset, affecting economic growth and sustainable development. Research suggests that around £25 million in economic benefits each year for local communities has been lost because of the effects of poaching on tourism, especially in the savannah areas of east, southern and west Africa.

We must do everything we can to make sure that future generations do not inherit a world without elephants. It would be the worst of indictments on the human race and our generation if elephants no longer roamed in the wild. That is why, on 6 October, my right honourable friend the Secretary of State announced proposals to ban the sale in the UK and the import or re-export of items containing ivory that contribute directly or indirectly to the poaching of elephants. The proposals, on which we are currently publicly consulting, are designed to put the UK front and centre of global efforts to end the insidious trade in ivory. The Government are currently consulting on our proposals to ban UK sales of ivory. The consultation will end on 29 December, and I hope your Lordships will accept that I am not in a position to comment on the final scope of the proposed ban or, indeed, on how any exemptions could be defined at this juncture.

Turning to our proposals, as a starting point we aim to implement a total ban on UK sales of ivory where such sales could continue to contribute directly or indirectly to poaching today. We believe that only by taking robust and decisive action can we play our part in ending this appalling trade. My noble friend Lord De Mauley spoke of the 1947 cut-off date in the current regulations. We set out in our proposals that our intention is to ban all sales of ivory, regardless of age, unless an exemption applies, and that we intend our ban to go further than present rules.

We also recognise that there is a case for some items to be exempt from the ban, where the sale of such items would not contribute to the continued poaching of elephants and where a ban would be unwarranted. We have proposed four categories of exemptions: musical instruments; items containing a small amount of ivory; sales to and between museums; and items of historic, artistic or cultural significance. There have been suggestions today about how we might define these exemptions, such as a de minimis exemption defined as a specified percentage of the item by volume. My noble friend Lord De Mauley spoke of this. My noble friends Lord Carrington of Fulham and Lord De Mauley also spoke of portrait miniatures as a potential exemption. I hope noble Lords will understand that it is not possible for me to respond on these points, as the consultation is still ongoing.

My noble friend Lord Carrington of Fulham raised the important issue of protecting cultural heritage and suggested that items may be destroyed as a result of the proposed ban. Indeed, my noble friend Lord Cormack spoke of many examples of artistry. The proposed exemption for items of significant historic, artistic or cultural value would recognise that some items which contain, or are made of, ivory have an intrinsic value unrelated to their ivory content, be it the artistry or the historical provenance.

Through the consultation, we are working with the arts and antiques sectors, museums, environmental organisations and other interested parties to define the scope of the exemptions, such as our proposed exemption for items of historic, artistic and cultural value. I commend the constructive engagement that we have had from all of these sectors so far.

My noble friends Lord Carrington of Fulham and Lord Cormack spoke of a vetting or licensing system as a way to make sure only rare and important items can be sold under this exemption. We will consider all these proposals, of course, alongside those arising from the consultation.

I must emphasise that our objective is to protect elephants, and we want our ban to support that aim. We recognise that certain items cannot be said to fuel the modern-day demand for ivory that in turn fuels poaching, and we want to define our exemptions through the consultation so that they do not detract from our overarching objective. Similarly, we wish to work with all interested parties to develop effective and proportionate compliance and enforcement arrangements so that loopholes cannot be created or exploited.

We are not proposing to ban the ownership of ivory or that items should be destroyed. Many people will continue to use items containing ivory regardless of the ban on sales, and the gifting, bequeathing and inheriting of items that contain ivory will continue. We also do not intend to affect the ability of museums and other institutions to display ivory items to the public if they so wish.

By implementing a ban on the sales of ivory in the UK, we will help to lead global action to protect this iconic species. We will send a clear signal that the trade in ivory should be consigned to history and that we will not tolerate the trade in items that could fuel continued poaching. It will confirm to our partners around the world that we support their actions to stamp out the trade and, we hope, encourage others to follow suit. To our partners in the elephant range states of Africa and south Asia, it will confirm our support for their work to tackle poaching.

The majority of the modern-day demand for ivory comes from east Asia. Banning all but a very limited number of sales in the UK will greatly reduce the amount of ivory exported to this region, ivory which may serve to reinforce the status of the material or which may even be recarved to suit local markets. The proposed ban should also remove the opportunity for criminals to launder new or freshly poached ivory through the UK’s legal markets.

I very much register what the noble Earl, Lord Erroll, said about the need for global action. We welcome measures taken by other countries—a number of your Lordships mentioned China, currently the world’s biggest demand market for ivory, and its forthcoming restriction on the domestic ivory markets. It is only through such international commitment and global co-operation that we will end this brutal trade. Our proposals will be among the toughest in the world.

The noble Earl, Lord Erroll, raised the question of prices. There is early evidence to suggest that ivory prices have already started to fall in China since the announcement of the ban.

The noble Lord, Lord Purvis of Tweed, also mentioned China and the demand in markets. It is absolutely correct that the UK needs to exert all diplomatic pressure and soft power in this area. My right honourable friend the Foreign Secretary raised this very issue with his Japanese counterpart only last week, and we continue to fund projects aimed at reducing demand in a number of east Asian countries.

I should also say to the noble Baroness, Lady Jones of Whitchurch, that my right honourable friend the Secretary of State for Defra will be speaking at a parliamentary reception with the Chinese embassy next month to mark the implementation of China’s ivory ban. This is an example of collaboration, which is absolutely essential.

A number of noble Lords—particularly, on the Opposition Front Benches, the noble Lord, Lord Purvis of Tweed, and the noble Baroness, Lady Jones of Whitchurch—asked about next steps. As has been said, our consultation will end on 29 December, and we will look to publish a response to it shortly afterwards. I shall ensure that Defra considers the contributions that your Lordships have made today when finalising our proposals. We will need to implement our proposals through primary legislation, so there will need to be a Bill as soon as parliamentary time allows.

Our proposed ban should be seen not in isolation but as part of a comprehensive response to protect elephants and other endangered species. I am particularly grateful to my noble friend Lord De Mauley, my predecessor at Defra, whose experience of these matters has been very real. Four years ago, the UK held the first conference of global leaders on the illegal wildlife trade, IWT, in London. It was a marked success, and every attending country committed to a combined attack on the driving forces behind the illegal trade in wildlife, including ivory. Leaders agreed to recognise poaching and illicit trafficking as serious crime within national legislation. Several countries also introduced strict measures to halt the flow of illegal products, such as ivory, into their markets.

Our approach to tackling IWT includes supporting sustainable livelihoods, strengthening law enforcement and legal frameworks, and reducing the market. To support our global leadership on tackling illegal wildlife trade, Defra is investing £26 million to tackle IWT in countries that are most affected. We are providing funding to Interpol to expand its work on tracking and intercepting illegal shipments of ivory, rhino horn and other illegal wildlife products.

The noble Lord, Lord St John of Bletso, referred to Defra funding the British military to provide tracker training for park rangers in key African countries, helping to ensure their effectiveness and safety while working to prevent elephants being poached for their ivory. I thank the noble Lord for his appreciation of the sterling work undertaken by members of the British Army in training rangers in Gabon, and we should be proud of their work and their achievements.

As my noble friend Lord De Mauley and a number of your Lordships said, next October we will be hosting the fourth international conference on tackling IWT. To be effective in tackling IWT, it is vital that Governments work with the private sector, academia and civil society. The conference will be a key opportunity to bring our combined expertise, innovation and technology to bear on this issue, and to maximise support for and action by countries directly affected by this criminal trade.

I hope it is clear from what I have said that tackling the illegal wildlife trade is a priority for the Government. The UK has been at the forefront of driving global efforts to safeguard the world’s most vulnerable species. This Government’s proposed ban on UK ivory sales reflects our continued commitment. We recognise the case for some limited exemptions from the ban, including in relation to the cultural heritage of certain ivory items. We are specifically inviting views on that as part of our current public consultation. The Government cannot predict the outcome of the consultation, but we are clear that the purpose of our ban is to the stop the brutal assault on these iconic creatures.

A ban would help to close legal ivory markets and therefore help to reduce the price of ivory and thus the incentive to poach, helping to prevent the killing of thousands of elephants each year. I hope noble Lords will agree that this is the right thing to do and will demonstrate the UK’s commitment and leadership in our efforts to conserve one of the world’s most iconic, beautiful and threatened species. Surely that is our first priority.

Environmental Protection (Microbeads) (England) Regulations 2017

Lord Gardiner of Kimble Excerpts

Monday 18th December 2017 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the draft Regulations laid before the House on 27 November be approved.

Relevant document: 13th Report from the Secondary Legislation Scrutiny Committee

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

My Lords, it is a privilege to introduce these regulations. Microbeads are small plastic particles which have been added to many personal care products. One shower alone can send 100,000 microbeads into the water system and subsequently into our seas and the habitats of the marine animals that live there.

Most significantly, once released into the environment, it is impossible to recover microbeads or remedy the effects that could subsequently emerge. These regulations will ban the manufacture and sale of rinse-off personal care products containing plastic microbeads. The range of personal care products that can contain plastic microbeads is considerable, from products such as shower gels, face scrubs and toothpaste to hand-cleaning products such as Swarfega. Subject to your Lordships’ consent and a positive outcome in the other place later today, these regulations will be signed tomorrow and 21 days from that point of signature the manufacture in England of any rinse-off personal care product which uses microbeads as an ingredient will be banned. Six months from that point, a further ban will come into place to prevent the sale of any rinse-off personal care product containing microbeads. Crucially, this means that those products will neither be able to be imported and sold here nor able to be exported.

We know that there are various sources of plastic entering our seas and oceans due to human behaviour. Recent estimates suggest that up to 12.2 million tonnes of plastic are entering the global ocean every year and 80% of the plastic that is in the ocean has come from land-based actions. Furthermore, it is estimated that personal care products containing microbeads contribute 35,000 tonnes of plastic into the global oceans each year. Put simply, this cannot go on and our generation must act. We have a responsibility as individuals and as a Government not to shirk the global challenge of marine pollution. We must act together to stop this pollution at source and there is no time to lose. Anyone who disputes this should be prescribed a course of “Blue Planet II”.

The regulations before your Lordships help us take a step forward. This will reduce the unnecessary release of plastic into the marine environment and lessen harm to marine organisms caused by this form of microplastic. We have been working closely with the devolved Administrations. Very few cosmetics and personal products are manufactured in Scotland, Wales or Northern Ireland. The ban on both manufacture and sale of microbeads will come into effect on the same day there as the English ban, which is likely to be 9 July. I hope your Lordships will accept the need for these regulations and that the need is pressing. The approach here is another strong example of the continuing role that the UK has taken to protect the marine environment, not just not around our coastline but throughout the world, including our overseas territories. This legislation will deliver one of the strongest, if not the strongest, bans on microbeads in the world. There is clearly much more work to be done, both at home and internationally, on marine litter and pollution and the protection of our seas and oceans.

Evidence concerning microplastics has provided us with information about the potential environmental impacts of microbeads. Ingestion of microplastics by some marine organisms can reduce digestion of food and adversely affect reproduction. They can also be passed along marine food chains. In addition, we know from current evidence, some funded by Defra but also available from other sources, that chemical pollutants can leach from and attach to microplastics, with the potential that these could increase exposure levels of toxins when ingested by marine organisms. Microplastics themselves may also contain potentially harmful chemicals.

I recognise the efforts that industry has taken to address the problem of microbeads. A number of manufacturers and retailers have already stopped using microbeads in their products or have committed to do so, but we have now reached a stage where we have to take more decisive action. Natural alternatives for microbeads do exist. These are readily available and, indeed, were used successfully in personal care products before plastic microbeads were introduced. The approach we have taken is based on clear evidence and as a result has the support of a wide range of stakeholders. Our action on microbeads is a further demonstration of our commitment to address marine litter and protect our seas and oceans. This is an important measure. Marine pollution is no respecter of boundaries and we must work collaboratively, but today we have a particular opportunity for our country to send out the strongest of signals. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am delighted to welcome these regulations to ban the production of microbeads in water-soluble cosmetics. I agree with absolutely everything that the Minister said. I declare an interest as a district councillor; it will become clear why later on.

As the Minister said, there are other suitable non-plastic alternatives available to the cosmetics industry. Around 72% of manufacturers have already switched from plastic microbeads to other, more sustainable alternatives, but this leaves 28% of UK cosmetics manufacturers to fall into line. At the end of 2016 and the beginning of 2017 there was an extensive public consultation, which supported the ban on microbeads. As the Minister said, currently that applies only in England but it is expected to be extended to Wales, Scotland and Northern Ireland in July next year. The cost of the ban is approximately £500,000. This is clearly a manageable sum for the largest cosmetics manufacturers. Smaller, local manufacturers do not use microbeads and so are unaffected by this legislation.

As the Minister said, these microbeads are small plastic particles which move through the sewage system and out into the sea, where they are consumed by marine life, sometimes adversely affecting digestive systems. The impact assessment states:

“There is little evidence of the impact to human health”,


although the Department of Health is conducting a review. Fish digestive systems, where microplastics are likely to get caught, are usually removed when preparing fish for human consumption. This is a personal warning to me as I am a great fan of sprats, which I eat whole. Perhaps I will have to change my eating habits.

That apart, my only real concern relates to the enforcement of the regulations surrounding the ban. This is to be allocated to local authorities. As most noble Lords are aware, local authorities have had their budgets cut drastically and are finding it extremely difficult, if not impossible, to make their income stretch over the services they deliver. To add another burden to them could mean that the regulations are not properly enforced—not because local authorities would not wish to do it but because they simply may not have the money to carry out the function effectively. I flag this up to the Minister and seek reassurance.

Regulation 2 relates to who will be enforcing the regulations. Sub-paragraph (d) states that this will be,

“in relation to an area in the rest of England, the county council for that area or, where there is no county council for that area, the district council for that area”.

So is it only county and district councils which will be carrying out the enforcement in most of England? In sub-paragraphs (a), (b) and (c) there is no mention of metropolitan areas apart from London or of unitary authorities. Is this an unfortunate omission? Are these areas excluded? Have I missed something? I would be grateful to the Minister for some clarification.

That apart, I am absolutely delighted to support these regulations, and thank the Minister for his very helpful briefing. I very much look forward to further bans on the unnecessary use of plastics, which the Secretary of State announced this morning.

--- Later in debate ---

[Lord Wigley (PC)]

My Lords, I intervene briefly to warmly welcome the statement by the Minister. This issue demands urgent attention, and I am glad to see the Government doing this. I have a couple of brief questions. First, with regard to the delay in implementing equivalent steps by the devolved regimes, will he confirm that this is not because of any lack of enthusiasm but is a question of process and that some other steps to this end are being considered by the devolved regimes? Secondly, will he confirm that there is no question of allowing the import of products containing microbeads, particularly from the United States, and that the Government will withstand this with all the means they can?

[Lord Gardiner of Kimble]

My Lords, I am most grateful for the contributions that have been made because they symbolise the fact that when there is an environmental imperative, very little else matters and unity of purpose is important. I am most grateful to the noble Baronesses, Lady Jones of Whitchurch and Lady Bakewell of Hardington Mandeville, for their endorsement of these proposals.

In response to the noble Lord, Lord Wigley, the reason for the slight difference is purely that, I understand, there are hardly any manufacturers of cosmetics in the three other countries of the United Kingdom. Therefore, it will be brought together with everything in July. I certainly do not want to suggest that there is any sense of delay. There is unity of purpose across the United Kingdom. These regulations are about manufacture, sale, import and export. We are going to have a very robust regime in this country. Potentially New Zealand might have the strongest regime—there is a slight argument about that—but we intend to have the strongest ban that we can.

A number of points were made. The noble Baroness, Lady Bakewell, raised the issue of local authorities. I am looking at the interpretation and I will want to look at it fully because there is no intention of leaving any body out of this. I note the references to the City of London, the rest of London, the council of the Isles of Scilly and, where there is no county council, the district council. I am very confident that this would be a shire county or a metropolitan district, but I will clarify that because there is no intention of being lax about any part of the country on this point.

The noble Baroness, Lady Jones of Whitchurch, made a number of points. At this stage we think that there is a distinction between run-off and leave-on products, because leave-on products tend to be removed in other ways and disposed of in bins and other receptacles which we believe lessens their chance of ending up in the marine environment. However, we have asked the Advisory Committee on Hazardous Substances to look at other sources of microplastic, including industrial cleaning products, with regard to their potential to harm the marine environment. As soon as we have had that, we will know more. Our assessments have indicated that industrial cleaning products used and manufactured in the UK contain a small number of microbeads, but I do not want to discount that. We will be asking the advisory committee to look at that thoroughly.

On the question of training and guidance for trading standards officers, which both noble Baronesses raised, it is essential that we ensure that people who will be asked to do this job are well trained. Officials in Defra have worked closely with local authority trading standards bodies to develop a guidance document for enforcement officers to use. This document contains information about likely products and ingredients that we have gathered from cosmetics associations and experienced trading standards officers to help surveillance.

The document also sets out a series of tests which officers may conduct to help them determine whether or not a product contains microbeads. Officials met a large number of trading standards officers who work at borders around the UK, who informed us that they will be able to inspect products for microbeads alongside the safety testing they already do. We have also committed initial funds of over £100,000 to support the potential increased burden on the Ministry of Justice.

The noble Baroness, Lady Jones of Whitchurch, also asked about labelling. These regulations will ban the manufacture, sale, import and export of all products in this category. We are confident that the ban will stop the use of microbeads in personal care products, and therefore that a new law on labelling will not be necessary. However, we will of course continue to consider these matters because, again, we genuinely want to make progress on ensuring that our oceans and seas are in a better condition.

As I and other noble Lords have mentioned, this whole area needs to be dealt with in collaboration internationally, with the EU and other nations. The importance of the environment is consistently discussed at the international fora in which this country participates—whether it is the G7, the G20 or the UN. We have ensured that at recent meetings, especially at the UN Environment Assembly, we were clear on the reasons for our ban and that we support action to improve our oceans. Fortunately, many other countries, including the United States, Canada, Australia, New Zealand and France are already working on similar bans. Although not all are as strong as ours, the majority of them will come into effect in July this year. The EU is currently considering its position, and other countries such as India are looking to make similar legislative changes. Of course, we will make sure that we use future events to get our message across and show leadership in this area.

I sense the importance to your Lordships of the global lead that we surely must take in terms of further plastic pollution and cleaning up our oceans for the next generation. This country has a long tradition of taking action regarding caring for the marine environment. More recently, this legislation has taken 15 months of hard work. I believe that the success on plastic bags is remarkable, with the reduction in the number of plastic bags found on beaches and the marine environment. We have just finished consultation on a potential deposit return scheme, and we are on track to establish more marine protected areas. We are also looking at how we can increase recycling and decrease the reliance on plastics in our everyday lives.

It is clear that there is much more to be done to tackle the issue of marine pollution. It is a problem that we must not and cannot shy away from. Reducing marine litter at the source will be key to beginning the work towards improving ocean health. The action proposed through this legislation shows that the United Kingdom is determined to face the issue of marine litter head-on by reducing the flow of plastic litter into the oceans. For these reasons, I beg to move.

Motion agreed.

Recycling

Lord Gardiner of Kimble Excerpts

Wednesday 13th December 2017 Lords Chamber

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

My Lords, England’s recycling rate increased to 44.9% in 2016. There is certainly more to do, and with WRAP we are working to enable households to recycle a single set of materials. In England, 88% of local authorities collect all five widely recycled materials—paper, card, plastic bottles, glass and cans. Many more now collect mixed, rigid plastics and separate food waste. Work is under way to standardise materials to be collected and recycled.

[Baroness Neville-Rolfe (Con)]

My Lords, I recognise that some progress has been made and that we need long-term objectives. However, there is a very poor understanding of the rules on recycling and about the destructive effects of, for example, black plastic, plastic fruit netting and plastic-coated coffee cups. Does the Minister recognise that many of us—who have experience with the public sector—doubt that local authorities will ever make the rapid progress that we need and excite the population to recycle in the way that they need to, unless we have one, simple system?

[Lord Gardiner of Kimble]

My Lords, that is precisely why we have published the report on a consistency framework, because we want better communications with householders and an improvement in the recyclability of packaging materials. There are some really good examples of what can be done. Stroud has seen a 14% increase in recycling, and Maldon an 11% increase, in one year. Indeed, the council which my noble friend Lady Williams of Trafford led for such a long time now has a recycling rate of 61.3% and is the only really urban local authority on that top list. We are working particularly with urban local authorities to improve the situation.

[Baroness Jones of Whitchurch (Lab)]

My Lords, the noble Lord is very good at choosing his statistics but he will know that I have drawn attention in the past to the success of Wales, which is now second in the world for recycling household waste—in comparison to England, which ranks 18th, behind South Korea and Slovenia among others. Is not the lesson here that the Welsh Government did not just leave the problem to local authorities but provided leadership, including on mandatory separate collections and statutory targets for recycling, which is what made all the difference? When are this Government going to follow their example?

[Lord Gardiner of Kimble]

I am delighted to congratulate anyone in the United Kingdom who does well, and I am very pleased that Wales is doing well. I also endorse those English and Scottish local authorities that are seeking to improve a situation that we all know is hugely important. That is why we are working with WRAP, local authorities and industry. This is an issue for which we have responsibility. We have a target of 50% by 2020 and we need to achieve that target. I am very ambitious that we go beyond it in the future as well.

[Baroness Brown of Cambridge (CB)]

My Lords, greenhouse gas emissions from waste have been falling rapidly, but this drop has flattened off notably over the last three years. Does the Minister agree that eliminating food and garden waste from landfill through better separation of household waste is critical and would help to drive further emissions reduction and meet our carbon budgets, and indeed that the separated waste could be used for biogas production?

[Lord Gardiner of Kimble]

My Lords, this is why we want to make progress. I was very alarmed to hear that 70% of food and drink waste comes from households. In fact, £700-worth of food is thrown away each year by a family of four, so we all have to try to change some of our behaviour. It is precisely why we need to encourage councils, 50% of which now have a food waste collection service. We are looking for that to increase. We also need to ensure that households no longer buy and throw away 20% of food.

[Lord Teverson (LD)]

My Lords, one of the most successful acts of the coalition Government was the 5p charge on plastic bags, which has reduced the problem considerably. What is the Government’s position on putting a charge on coffee cups, a large number of which are not properly recyclable? That would make a huge difference to our sustainable economy for the future and what we throw away.

[Lord Gardiner of Kimble]

My Lords, the noble Lord is right. We need to work strongly on improving our record in recycling. That is why the Paper Cup Recycling and Recovery Group is examining this matter in much more detail; it is really important to make progress on this. I am very conscious that at Defra we now use half the number of cups that we did in 2013, and I want to do much better than that. This is all work that needs to be done very quickly.

[The Lord Bishop of St Albans]

My Lords, in the past the Minister has quoted the very different levels of recycling in local authorities. Can he tell us Her Majesty’s Government’s thinking on how to incentivise local authorities that are not performing well to improve, and how to share best practice to increase their level of recycling?

[Lord Gardiner of Kimble]

My Lords, there are very good examples of where this has gone well. For instance, the Kent Resource Partnership has increased its recycling, involving 13 local authorities, with a £67 million gross benefit to Kent taxpayers over 10 years for only £7 million up-front. We need to work harder with WRAP on extensive guidance to local authorities on recycling to increase revenue from recycled material and on cutting contamination of dry recyclables. My honourable friend Thérèse Coffey has written to the 34 local authorities with the lowest recycling rates; we wish to work with them to improve the situation.

[Baroness McIntosh of Hudnall (Lab)]

My Lords—

--- Later in debate ---

[Baroness Jones of Moulsecoomb]

The Minister clearly will understand that incineration capacity is increasing quite fast but, at the same time, the residual waste stream that goes to incinerators is less than it should be to keep incinerators going at full capacity. What are the Government doing to encourage local councils not to support incineration of materials that could be recycled? We want to increase recycling, but we will not do so if it is all going to incineration.

[Lord Gardiner of Kimble]

My Lords, this issue is fairly complicated. The first thing that we have concentrated on in this cycle is prevention of waste. We all need to concentrate on how much less should go into landfill, how much less should go into incineration, and how much we can reuse and recycle. With incineration, we must remember that there is some energy recovery, but we certainly need to do better in this country on reuse and recycling. I will perhaps want to discuss the matter with the noble Baroness in greater detail, given the time.

Plans to Improve the Natural Environment and Animal Welfare

Lord Gardiner of Kimble Excerpts

Thursday 7th December 2017 Lords Chamber

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

My Lords, I am most grateful to my noble friend for securing the debate on the Government’s plans to improve the natural environment and animal welfare. I declare my own farming interests, as a set out in the register.

As the Secretary of State made clear in his speech at the WWF Living Planet Centre, protecting and enhancing the environment is essential, not only because the natural environment underpins our well-being and prosperity but because we have a moral obligation to do so. I agree with the sentiments of my noble friend Lord Suri: this is a contemporary view, as well as a highly traditional one that my party has held for generations. That is why the Government have an ambitious vision to enhance the environment within a generation. I agree entirely with the noble Lord, Lord Hunt of Chesterton, when he spoke of the engagement of the next generation. We have a responsibility because of the next generation, but we also want to ensure that they feel as strongly about this crucial matter as I believe all of your Lordships do. Before noble Lords start to say that we do not, we also have some of the most robust animal welfare legislation in the world, about which my noble friend Lord Blencathra spoke.

I sometimes think I am in a different country from some noble Lords opposite, who seem determined to think this country is so appalling. We live in the best country in the world. Perhaps it is why we are in government and the noble Baroness’s party is not. We have already announced a series of measures to strengthen our current standards.

I am sure your Lordships are eager to see the 25-year environment plan. So am I. However, given last year’s referendum result, we have taken further time as we shape our environmental policy for the next generation. I entirely agree with the noble Baroness, Lady Bakewell of Hardington Mandeville. It is important that we publish soon; that is why we hope to publish early in the new year. In response to my noble friend Lord Caithness and the noble Lord, Lord Teverson, we will consult as widely as possible on the nature of a new independent statutory body to hold the Government and, potentially, public authorities to account on environmental commitments.

We are also proposing a new policy statement on environmental principles to apply post EU exit. These principles, which underpin EU legislation, are already central to government environmental policy. It depends where we pitch on this issue as to whether we are a pessimist on optimist. I hope the pessimism—the noble Lord, Lord Whitty, used that word—will be allayed because it is important to us all that we succeed.

We want to enhance our natural environment to secure the benefits it provides through cleaner air and water, beautiful landscapes to explore, protection from flooding, and high-quality sustainable food and fisheries. We must ensure that the environment is resilient to the impacts of climate change. I say to the noble Baroness, Lady Jones of Moulsecoomb, yes, be idealistic, but it is imperative too that we address these things. I do not think it is just idealism; it is vital that we address these matters.

As we shape our farming policy we must enhance soil productivity, health and resilience, which my noble friend Lord Caithness emphasised. He also spoke about the Allerton Project, which I endorse. I say to the noble Baroness, Lady Miller of Chilthorne Domer, I was hugely impressed, having been there, with the science going on at Harper Adams University. We are very fortunate to have world leaders in this area. We will develop new strategies for the cost-effective monitoring of soil health as part of a broader need to improve the quality and productivity of our food system. Our 2013 agritech strategy brings together researchers and agrifood supply businesses through our centres of excellence to work on the products and systems of the future.

I say to the noble Lord, Lord Whitty, that the Government remain of the view that decisions on the use of pesticides should be based on careful scientific assessment of the risk, with the aim of achieving a high level of protection for people and the environment. One of the points of my visit to Harper Adams was that there can be much greater precision with agritech. Use of pesticides there is much reduced, but we are also ensuring good food supply.

The 25-year environment plan will ensure that we use the natural capital approach, something I think my noble friend Lord Caithness is eager to establish. It considers the benefits the environment provides. It will help us to reform support for agriculture and to improve fisheries policy. My noble friend Lord Shrewsbury is right to refer to the importance of the agrifood sector: it is the backbone of the countryside and rural communities. With 70% of the land in our country farmed, we must and will work closely with farmers and landowners to secure a vibrant farming sector, with a complementary aim of enhancing the environment.

I believe we are making progress, as I hope your Lordships will agree. I was very pleased that the noble Lord, Lord Teverson, referred to some of that progress. Our proposed ban on microbeads has been welcomed by your Lordships, but I am encouraged that Greenpeace says it will be the strongest in the world. The legislation on microbeads has been laid and will come into force with a ban on manufacture in January 2018 and a ban on sale from June 2018. We have also engaged the Hazardous Substances Advisory Committee to review evidence on microplastics in other products causing harm to marine life. We are proud to be taking an ambitious stance on tackling single-use plastics, so much referred to by your Lordships. Britain will lead the way by looking to tax and charge the most environmentally damaging single-use plastics. Alongside tackling ocean plastics, the Government have designated more than 23% of UK waters as marine protected areas, as my noble friend Lord Suri mentioned.

We continue to demonstrate our commitment to sustainable fishing, and implementing the discard ban plays a crucial role in helping the UK to achieve sustainable fishing levels by 2020. UK fishermen have played an important role in the recovery of North Sea cod, which is another of example of how, if we do the right thing, recovery is possible. We look forward to North Sea marine annual planning delivering further benefits to the sustainable management of fish stocks. The noble Lord, Lord Teverson, referred to the Arctic fishing ban. An agreement was reached earlier this month to prevent unregulated fisheries developing in the central Arctic Ocean and has been welcomed by Governments and environmental NGOs.

Recently, we also launched a consultation on proposals to introduce a total ban on UK ivory sales, putting us at the heart of global efforts to address the drastic and terrible decline in elephant populations.

The past decade has seen a step change in how the UK responds to invasive non-native species. We now have a co-ordinating secretariat leading the awareness-raising campaign, Check, Clean, Dry, aimed at encouraging anglers and boaters to reduce the risk of moving invasive species between waterways. Our efforts to prioritise species and bring forward action plans were tested recently when one of our top threats, the Asian hornet, was found. My department had a team on the ground within 48 hours and had successfully eliminated this specific threat within 10 days.

Plant pests and diseases threaten our natural environment as well as the UK’s timber, horticultural and tourism industries. We are committed to protecting our borders from pests and diseases and building the resilience of our trees and plants. My noble friend Lord Framlingham spoke powerfully about the essential role that trees fulfil in the natural environment. The Conservative manifesto pledged 1 million trees in urban areas. Nothing could be more important to us in urban areas than trees, not only for their assistance with pollution but because of their beauty. We also pledged 11 million trees across the nation. From 2012 to 2019, we will have invested more than £37 million in tree health research. Our long-term national strategy to manage ash dieback is based on science, international best practice and advice from the UK Chief Plant Health Officer. We provide leadership, but the active support of communities and people is essential. We will enhance biosecurity by supporting Grown in Britain. From my meetings with many in the horticultural world, I know that there is much greater engagement with and understanding of the importance of biosecurity.

We also have responsibility to tackle invasive species in the UK Overseas Territories. We supported the South Georgia Heritage Trust, which, remarkably, eradicated rats from the island by 2015. The endangered South Georgia pipits are now returning in considerable numbers. I hope that a similar approach on Gough Island for Tristan albatross and Gough bunting will be successful. This has been successful only with predator control. My noble friend Lord Ridley highlighted some of the successful domestic advances, as well as those in South Georgia, and we should learn from those.

The Government recently published the Clean Growth Strategy, setting out how the UK is leading the world in cutting carbon emissions to combat climate change while driving economic growth. I am very pleased that the recently announced planting of 600,000 trees in Northumberland and 200,000 trees in the Lake District will not only help store carbon and manage flood risk but generate jobs and boost the local economy.

The UK has ambitious targets in place to reduce emissions of damaging air pollutants by 2020 and 2030. We aim to cut early deaths from air pollution, an issue which I know has exercised your Lordships. At one point it was suggested that air pollution is increasing. I will look into this, but my memory of all the statistics is that since 1970 we have been very successful in reducing the five key pollutants beyond nitrogen dioxide, which remains a considerable concern. However, nitrogen oxide emissions fell by almost 20% between 2010 and 2015, for instance. Indeed, let us not forget why NO² now has to be addressed.

We are tackling the impacts of climate change by ensuring adaptation is rightly integrated across the policies and programmes of the Government. This involves the Environment Agency, Natural England and the Forestry Commission on the resilience of our biosecurity and ecosystems, as well as on flood risk management and many other aspects. But this is not just for central government; we will need to engage the support, leadership and commitment of local government, businesses and communities if we are to achieve our aims.

I turn to the important issue of animal welfare. We will not only maintain but, where possible, seek to improve high animal welfare and health standards. The Animal Welfare Act 2006 provides the country with robust protection. I am sure that the noble Baroness, Lady Jones of Whitchurch, is pleased, as I am, that this was undertaken during her party’s tenure in government. I say to her and to my noble friend Lord Blencathra that my Secretary of State has been clear that we need to ensure that we do not compromise our high environmental and animal welfare standards in pursuit of any trade deal.

I am pleased to respond to the noble Baroness, Lady Jones of Whitchurch, about so many of our proposals on these matters. We know that the Secretary of State recently announced that we will shortly publish draft legislation for comments to increase the maximum sentence for animal cruelty offences from six months to five years in prison. We will also tighten the rules regarding dog breeding, pet shops, animal boarding, performing animals and riding stables. Irresponsible dog breeders and dealers who exploit this trade must be stopped. We will introduce new regulations on the welfare of dogs in dog-breeding establishments. More dog breeders will require a licence to operate. Statutory minimum welfare standards will be applied to licensed breeders, which will be enforced by local authority inspectors.

It will be made clear that any business selling pet animals online will also need to be licensed. We will continue to work closely with the Pet Advertising Advisory Group—I met it last week—on minimum standards for online pet sellers. We will raise minimum welfare standards across all licensed establishments and have been working with local authorities to ensure that inspectors receive the right training to enforce effectively the new regulations.

My noble friend Lord Lexden raised the issue of irresponsible breeding. We have had an Oral Question about this, but I say again that the breeding of animals with defects is irresponsible, and we will seek ways in which we can counter it. I am working closely with the Kennel Club and the breeds societies on this because it needs to be addressed. My noble friend mentioned flat-faced cats, but there are many dog breeds as well.

Turning to the import of puppies, we are determined to crack down on animal traffickers and put a stop to the abhorrent illegal trade in puppies, and abuses of the pet travel scheme. Enforcement teams at our ports work in partnership to identify and seize dogs and puppies which are not compliant with the relevant controls. I meet the Dogs Trust regularly—I did so again earlier this week—and I endorse its work. We are working in collaboration with it. With its support, I put out a press release in my name earlier this week on the importance, particularly at this time of Christmas, of parents and families considering very carefully where to buy their puppy, the hierarchy of rehoming centres and the importance of seeing the mother with the puppy and of preferably buying from a Kennel Club Assured Breeder Scheme breeder. We are working very strongly on that.

In addition, we have been working on modernising welfare codes on cats, dogs and horses. The codes will be laid before Parliament shortly. I take this opportunity to thank stakeholders groups who have helped us for their work.

I agree with every word that my noble friend Lord Lexden said about the bond between mankind and animals, and I know my noble friend Lord Black of Brentwood would say the same thing. It is part of our ethos in this country.

We are delivering on our manifesto commitment to require CCTV in every slaughterhouse in England and have recently concluded a public consultation on this issue. We have a manifesto commitment that, as we leave the EU, we can take early steps to control the export of live farm animals for slaughter.

In the context of improving animal welfare at slaughter, my noble friends Lord Caithness, Lord Shrewsbury and Lord Blencathra raised religious slaughter. The Government have been clear that we prefer all animals to be stunned before slaughter. However, over many years Governments of various complexions have respected the right of Muslim and Jewish communities to slaughter animals for food in accordance with their religious beliefs. Leaving the EU may provide us with an opportunity to decide whether current labelling rules on welfare and other matters are best suited to UK consumers and businesses.

We are raising standards on farms by modernising the English statutory welfare codes, a move which has been welcomed by industry. The updated codes of practice will provide clear guidance to producers on how to comply with current legislation. We will also, of course, ensure our high animal welfare standards are underpinned by robust science and evidence. I endorse the work of the Farm Animal Welfare Committee, which my noble friend Lady Hodgson mentioned. This committee, comprising academics, producers and veterinarians, will scrutinise the updated farm welfare codes. We will continue to work closely with Defra’s delivery bodies, including the Animal and Plant Health Agency.

Many noble Lords raised animal sentience. I reassure noble Lords that this Government’s policies on animal welfare are driven by our recognition that animals are sentient beings. As my right honourable friend the Secretary of State confirmed only this morning in the other place, we are committed to ensuring that we recognise the principle of animal sentience and to providing appropriate and strong protection in UK law. We will shortly be bringing forward a proposal about the appropriate legislative vehicle for that protection. I will ensure that my right honourable friend is made aware of noble Lords’ contributions. I think he will be pleased to receive them.

Our care for animals is now, and will be, second to none. Consumers at home and abroad will know that our food is produced to the very highest standards. We want to generate a thriving farming and fishing industry that delivers improved environmental and animal welfare standards and the best food in the world.

The noble Baroness mentioned hunting. I hope that, with all the things I have outlined, she will understand that we are very busy with other priorities.

It is our generation’s responsibility to address and rectify the actions previous generations sometimes unwittingly took which have caused such damage to our natural environment. The consequences of not addressing them are so grave that we must devote all our energies, both in this country and globally, to protect and enhance the environment for generations to come. I know all noble Lords have been watching “Blue Planet”. It is required viewing for all generations.

I share my noble friend Lord Caithness’s view that this is not solely the responsibility of government, although I take that responsibility; it is for each and every one of us to play our part.

Rural Poverty

Lord Gardiner of Kimble Excerpts

Tuesday 5th December 2017 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what actions they plan to take to tackle rural poverty.

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

My Lords, government policy is based on economic prosperity and helping people out of poverty. The Government are again increasing the national living wage and tax thresholds, investing more than £9 billion in affordable housing, introducing the warm home discount, reforming the energy company obligation and providing 30 hours of free childcare. All these are intended to help people and families with low incomes across the country.

[Baroness Jones of Whitchurch (Lab)]

I thank the Minister for that reply, but he will have seen the latest figures showing that UK poverty levels are increasing, with a 30% increase for children just in the past year. This is particularly damaging in rural areas, which are already being left behind economically in comparison to growth in the cities. This is a direct result of the Government’s policies. We know that rural employment is too low, low skilled and insecure. The abolition of the Agricultural Wages Board is making matters worse for those who work on the land. Further, young people in rural areas do not have easy access to decent schools, training opportunities or post-16 education. When are the Government going to accept their responsibility to tackle rural poverty and the lack of social mobility in these areas, which is holding their prosperity back?

[Lord Gardiner of Kimble]

My Lords, I entirely agree that we need to advance on these subjects. That is why I am pleased to say that since 2010 we have 600,000 fewer people in absolute poverty—a record level—200,000 fewer children in absolute poverty, 300,000 fewer working-age adults in absolute poverty, 3 million more people in work and 954,000 fewer workless homes. That is the way in which we will ensure prosperity across the country and, in fact, it is why rural areas have lower unemployment. We are working extremely hard on a range of issues to ensure rural prosperity; the Government are doing all they can on that.

[Baroness Eaton (Con)]

My Lords, can my noble friend update your Lordships’ House on childcare policies and their impact on rural communities?

--- Later in debate ---

[A noble Lord]

I bet he has got an answer to that.

[Lord Gardiner of Kimble]

Well, of course I have got an answer to that, my Lords. I have good hearing. Childcare is a hugely important part of the beginning of anyone’s journey, and that applies both to working families and to children. Two of the areas trialled on the childcare provision were in rural counties, to ensure rural proofing. In fact, there are 15,500 more teachers working in state-funded schools in England than there were in 2010. I am sure that all noble Lords agree that that is a very good thing.

[The Duke of Somerset (CB)]

Does the Minister agree that the speedy rollout of truly fast broadband in the countryside, not the phantom speeds bandied about by Openreach, would lead to a much greater supply of jobs and thus an increase in prosperity?

[Lord Gardiner of Kimble]

My Lords, this morning I had a meeting about rural enterprise with many of the interested parties. A leader of one local enterprise partnership said, “If we can crack connectivity, we will have cracked almost everything”. I entirely agree. This is a challenge in rural communities and for business. We are on track, with 95% of UK homes and businesses scheduled to have access to superfast broadband by the end of this year, and are seeking to increase that to 97% over the next few years. However, the universal service obligation is important as a safety net and we are looking at all sorts of innovative ways of getting to hard-to-reach areas.

[The Lord Bishop of Winchester]

My Lords, housing is a key factor in evaluating poverty. In the county of Hampshire alone, over 20,000 people are on council-house waiting lists, with over 4,000 of them in the New Forest. Given that the Government have recently announced significant new funding for new housebuilding and new affordable homes, can the Minister give us a clear indication of the expected spending on homes for social rent in rural areas?

[Lord Gardiner of Kimble]

The right reverend Prelate raises another important issue, that of affordable housing in the countryside. Between 2010 and 2017, 119,000 affordable homes were delivered in rural local authorities in England. We want to do better, which is why the Government have increased funding for the 2016 to 2021 affordable homes programme in England to more than £9 billion. Clearly, I—and other Ministers—want to ensure that rural housing associations bid for this programme, because it is important to ensure it for multigenerational situations in villages.

[Lord Watts (Lab)]

My Lords, the Government set out a whole batch of measures that they are proposing to deal with poverty, yet poverty is increasing. What is going wrong with the Government’s policy?

[Lord Gardiner of Kimble]

The answer to all these issues is a growing economy. Last year, we were the fastest-growing G7 economy. That is a very strong point. After all, it is through a growing and successful economy that we will do all the things that we want and need to do. That is why £70 billion is being devoted to low-income families and why we have record low unemployment. That is a very good thing.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, with ever-increasing house prices in rural areas, local working families are priced out of the market. The right-to-buy scheme has not led to new housing replacing those sold. There are now large numbers of essential workers unable to afford to live in rural areas. Do the Government agree that it is time for them to provide homes for essential workers, such as care workers, teachers, nurses, firefighters and front-line police officers?

[Lord Gardiner of Kimble]

My Lords, that is why I mentioned the £9 billion in the affordable homes programme scheme. We did this precisely because we want people working in the countryside to be able to ensure that communities tick and that they have affordable homes. Last week I was at a very interesting rural affordable housing development in Warwickshire—another fine example of the many sensitively built and small-scale schemes doing exactly what we need to do to keep villages vibrant.

[Lord Elystan-Morgan (CB)]

My Lords, while rural poverty is of course of immense importance, does the Minister not agree that as far as rural areas are concerned there is a comprehensive disadvantage? In almost any heading of amenity they come a long way down in the list. It is a question of not just poverty but a whole range of amenities.

[Lord Gardiner of Kimble]

My Lords, as a Government we want to ensure that disadvantage is eradicated, but I am very proud of coming from a rural background. Rural areas are wonderful places to live, work and play. They are beacons of excellence in looking after our natural environment. In truth, unemployment, poverty and homelessness are lower in rural areas. I very much want us to ensure that all these indices are reduced wherever we are in the United Kingdom.

Air Quality

Lord Gardiner of Kimble Excerpts

Tuesday 28th November 2017 Lords Chamber

[Lord Dubs]

To ask Her Majesty’s Government what short-term action they propose to take to improve air quality in Britain.

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

My Lords, we have committed £3.5 billion for air quality and cleaner transport. We are helping local authorities to tackle pollution hotspots and have allocated £255 million to accelerate local action to meet concentration limits. Ninety-two per cent of monitored roads will meet limits next year. We are investing in vehicle retrofitting, ultra-low emission vehicles, cycling and walking, and implementing tougher real driving emissions tests. Next year, our clean air strategy will outline how we will tackle air pollution more widely.

[Lord Dubs (Lab)]

My Lords, I am grateful to the Minister. However, will he confirm that, according to the United Nations, air quality in 44 of our towns and cities is such that it is too dangerous to breathe? According to the Royal College of Physicians, last year, the health impact of poor air quality was £20 billion. It is estimated that 50,000 people die each year from poor air quality, of whom 9,000 are in London. Surely we have to do more than the Minister has said the Government will do?

[Lord Gardiner of Kimble]

My Lords, the Government take this seriously because we are well aware of the health issues. This issue affects many countries; as the noble Lord will know, 17 other EU member states have the same problem with nitrogen dioxide. We are working very closely with local authorities, particularly those in which we need to make more rapid progress, to escalate the issue, because we are well aware of the health consequences. It is a very serious issue.

[Lord Cunningham of Felling (Lab)]

My Lords, will the Minister explain to the House whether there are ongoing discussions with motor manufacturers in the United Kingdom, particularly those—there are some—that offer only vehicles with diesel engines while exporting to other parts of the world with petrol engines in exactly the same vehicles? Is it not clear, particularly after what my noble friend Lord Dubs said, that oxides of nitrogen and other particulate matter from diesel engines are the biggest single threat to health in this country, particularly among children, who go to and from school and play and shop at street level, therefore risking damage to their health?

[Lord Gardiner of Kimble]

My Lords, I entirely agree with a lot of what the noble Lord said. That is precisely why this country intends to act and why we have invested in the ultra-low emissions vehicle regime. Importantly, we are in discussions with motor manufacturers because one of the problems we have had with nitrogen dioxide is that the driving emissions tests have been on a laboratory, not a real driving, basis. From September this year, all new cars will have to meet emissions limits in real driving conditions.

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend agree that diesel cars—I must confess that I drive one—are extremely important in rural areas and for people who drive long distances? Will he ensure that any future false reporting by manufacturers will be penalised, so that the vehicle driver is not left to pick up the pieces? Surely this is an area in which he can work very closely with BEIS.

[Lord Gardiner of Kimble]

My Lords, my noble friend makes a very strong point. Manufacturers undoubtedly have a responsibility. What happened with Volkswagen was a disgrace. Clearly, we do not seek to punish those drivers who in good faith went for diesel, but there was a dash for diesel, which we all now very much regret.

[Baroness Randerson (LD)]

My Lords, the Minister referred to the Government’s sum of £255 million to improve air quality. Is he aware that Transport for London has a budget of £875 million to improve air quality in London alone? Does he therefore accept that £255 million is a woefully inadequate sum if local authorities are to be enabled to improve air quality and the Government are truly to improve air quality across the whole country?

[Lord Gardiner of Kimble]

My Lords, I think I should repeat the first line of my reply: we have committed £3.5 billion for air quality and cleaner transport. We are helping 28 local authorities that need to accelerate their plans so that we can specifically tackle those hotspots. I reassure the noble Baroness that we are very much concentrating on this matter.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, since 2014 there have been 27 air pollution episodes. That does not sound particularly bad until you realise that one episode lasted 10 days, 300 people died and 1,600 people were admitted to hospital. There is currently no action plan in place for Public Health England. Will the Minister ask it to put one in place, as it does for hot and cold weather?

[Lord Gardiner of Kimble]

My Lords, obviously this is a matter on which we have to collaborate and we are, with both the Department of Health and the Department for Transport. Another issue for collaboration is that there are times when half the air pollution in this country comes from abroad. I suspect we send some to them. This is why international collaboration is also very important.

[Baroness Finlay of Llandaff (CB)]

My Lords, the Minister spoke about working with local authorities. Will he be a little more specific about what the Government may outline for local authorities that have schools in very high traffic pollution areas, some of them with playing fields underneath motorway flyover areas?

[Lord Gardiner of Kimble]

My Lords, this is very important. The City of Westminster, for example, is concentrating on stopping idling engines outside schools. This is also an area where, under the Environment Act 1995, local authorities have duties to review and assess local air quality. There are provisions around schools, so this should and can be addressed.

[Baroness Jones of Whitchurch (Lab)]

My Lords, does the Minister accept Defra’s own modelling, which shows that the most effective measure to reach compliance with the law in the shortest possible time is to introduce charges for polluting cars entering designated clean air zones? Why do the Government not act on their own best advice and expect all polluting local authorities to act on it?

[Lord Gardiner of Kimble]

My Lords, under our arrangements in the air quality plan to do with nitrogen dioxide in particular, there are all sorts of ways local authorities can take action, and they have ability to create clean air zones. That is on the statute book and is something we are working on with local authorities. Clearly there will be highly localised solutions to some of these problems with nitrogen dioxide.

[Lord Forsyth of Drumlean (Con)]

My Lords, is it worth reflecting on the fact that the last Labour Government cut the duty on diesel and encouraged us all to buy diesel cars? Will my noble friend not take lectures from Labour on what we should be doing?

[Lord Gardiner of Kimble]

My Lords, we now have to deal with a very serious issue. We are not compliant only on nitrogen dioxide; we are compliant in all other areas of air quality. This is one that we need to address. My noble friend is absolutely right that this problem has come about because we dashed for diesel. It is diesel vehicles that have caused the problems with nitrogen dioxide that we are now addressing.