Recycled Plastics

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Tuesday 13th February 2024 Lords Chamber

[Lord Benyon (Con)]

We are looking at all sorts of reforms to our measures. The plastic packaging tax increases with inflation and has gone up to £217 per tonne this year. We are continuing to look at extended producer responsibility reforms and to see whether the work that the noble Baroness has talked about has an application in terms of how we deliver these regulations.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, we need to use less plastic and actually recycle what we do use. There is enough floating around the planet already; there is no good reason to produce more. Will the Minister tell us whether the Government are going to introduce the deposit return scheme in this Parliament, and when they expect the global plastics treaty to be agreed?

[Lord Benyon (Con)]

On the deposit return scheme, we have a date for implementation of October 2025. Our social research found that 74% of respondents supported it and 83% of our consultation responses supported its implementation. We think that there are 3,000 to 4,000 jobs if we get this right. On the international agreement, as I said, the UK is a founder member of the high ambition coalition, we are driving it forward and we need other countries to do it as well. Some 90% of the pollution in our oceans that comes from rivers comes from just 10 rivers—eight of them in Asia and two in Africa. That is an indication of the global problem that we are facing.

Environmental Policies: Timeliness and Effectiveness

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 22nd January 2024 Lords Chamber

[Lord Benyon (Con)]

That is a very good question from the noble Lord. I should always come armed with a list of marine shipping questions. I have not, but I will make sure that he gets an answer to that in due course.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, to implement effective policies, you need reliable and accurate data. For water, if an incident is reported but not inspected, or inspected too late, it becomes a category 3 or 4. The Environment Agency has reduced its responses to those categories, saying:

“You get the environment you pay for”.


With this in mind, does the Minister have confidence that the official water pollution figures are accurate? If he has doubts, what are the Government going to do to ensure better monitoring?

[Lord Benyon (Con)]

When we came into government, we knew about 10% of the sewage outflows from water companies into rivers. We now know 100%, because we require them to report them. Technology is our friend here: we are able to use telemetry, which can now do the work of hundreds of people in real time, producing a message to a phone requiring an instant response. I think we are much better equipped to deal with it. Is it perfect? No.

Storms: Weather Resilience

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Thursday 11th January 2024 Lords Chamber

[Lord Benyon (Con)]

If the noble Baroness looks at our rural proofing annual report, she will see a firm commitment in it to issues relating to mental health in rural areas. She is absolutely right that events such as this trigger severe problems for people whose homes are flooded, or who lose their business or a large part of it, and we are seeing that in the farming community. The Government are providing a range of mental health support measures for people in these communities, and I applaud the work the NFU and others are doing, with the Government, to make sure that we are accessing those in need and providing them with the support they require.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the NFU tells me that a review of the flood defence grant in aid funding is vital. The weighting towards people and property means that rural areas are unable to compete for funding, as they will never score highly enough to receive any grant. Are the Government considering altering the formula so that farmers get a fair share of this money?

[Lord Benyon (Con)]

That is a very good question. The first thing we have done is to introduce partnership funding. At the time, the Opposition referred to it as a flood tax, but it has meant that a whole load of schemes that would never have got the go-ahead, because they did not have the value for money of schemes which defended more homes, did go ahead and have therefore been built. Approximately 40% of schemes and 45% of investment better protects properties in rural communities; and since 2015 we have protected over 700,000 acres of agricultural land, along with thousands of businesses and communities, through schemes.

Storm Henk

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 10th January 2024 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I declare my interest as a vice-president of the LGA.

Storm Henk and those that preceded it have caused havoc across the country. Nearly everyone in this House will know someone who has been flooded by the storms; I have neighbours who have suffered flooding. I have great sympathy for those who have had their home, business or land inundated by flood-water. It is a truly depressing experience to see your life’s work washed away.

All the emergency services have been brilliant in responding to the rising water, evacuating those flooded out and trying to keep people safe, at the same time as initiating emergency measures to try to stem the flood-waters. We all owe them a great debt of gratitude.

However, sadly, this was not an isolated incident. Excessive rainfall over a sustained period of time has resulted in the ground becoming completely waterlogged, with new rain having nowhere to go but into the already overfull rivers. We have experienced the type of flooding that was originally assessed as a one-in-200-year occurrence. This type of flooding is now occurring on a regular basis, several times a year in some areas.

The impact on the farming community is dire, with the loss of crops and the impact on grazing stock, with farmland and buildings under water. Farmers have nowhere to keep their animals in safety. Although the Government and the Environment Agency responded fairly rapidly with relief and announcing packages of financial help for those affected, there was little preparation over previous years to ensure that flood resilience was sufficiently robust. In October, the Environment Agency found that 4,000 flood defences were rated “Poor” or “Very poor”. At the same time, its budget had been underspent by £310 million. Of the £11.7 million allocated two years ago for flood defences in one area of Nottinghamshire, less than 1% of that money has actually been spent so far.

There is an element of not really taking climate change seriously here. We are getting one storm after another; these are not freak occurrences. The Government have invested £6 billion since 2010 to protect 600,000 properties; that is roughly £10,000 per property. Decent and well-maintained flood defences protect properties and businesses, but farmland is a different matter. Depending on the area of the country, flooding farmland can be part of the solution to preventing towns and villages from being flooded—a sad but necessary fact. The Environment Agency had been working hard after Storm Babet to clear river channels to ensure that water could flow freely but, surely, these issues are part of routine maintenance which should occur regularly, not just when a storm is threatened.

The Government have activated the flood recovery framework to provide relief to all those affected by flooding. This is good news. Can the Minister say when this will come in? Eligible flooded households can apply for £500 to help with immediate costs, together with 100% relief on council tax and business rates for three months. But it could be six months before flooded householders will be back in their homes; some people may be out for a year. Would the Government agree to looking at extending this tax relief longer in some cases? I welcome the scheme for flood-hit properties to be able to apply for £5,000 to help with flood resilience measures; this will help. What it will not do is stop it raining.

I also welcome the recovery fund for farmers who have uninsurable damage, with grants of up to £25,000 and up to £2,500 to help towards business-as-usual recovery. This should help many who have been severely affected. However, I am concerned about the Flood Re scheme, with over half a million properties benefiting so far from the scheme. As flooding incidents occur more frequently, I wonder whether the scheme will cope with the additional numbers and would be grateful for the Minister’s reassurance on this matter.

The Statement indicates that £5.2 billion is to be spent on new flood defence schemes in the current six-year period. The Minister in the other place indicated that there would be an announcement shortly on the application of successful innovative projects. Can the Minister give an indication of when “shortly” is likely to be? Will it be before the end of the month?

As for building on natural flood plains, I agree completely that local authorities should apply strict criteria covering new developments and ensure that they receive robust advice from the Environment Agency. It is also essential that future Secretaries of State do not overrule local authorities’ decisions to refuse developments on the grounds of potential future flooding.

The Statement gives a great deal of information on the actions taken in the wake of Storm Henk, but it makes little reference to climate change. The weather we are experiencing, which is causing such havoc, is the direct result of rising temperatures due to climate change. Last year was the hottest on record since records began. This is not going to change overnight unless the Government, businesses and the population take climate change seriously. Extensive drilling for oil in the North Sea, along with slowing down measures which would move the country more quickly towards reaching our carbon targets, are deliberately increasing the risk of more storms and floods. I hate to use the phrase “rowing back”, but that is exactly what the Prime Minister is doing when it comes to the implementation of the 25-year environment plan.

All government departments have a part to play in ensuring that the country tackles climate change. It is ludicrous to allow one department to deliberately throw caution to the wind and then expect another department to pick up the cost and mop up the mess caused. It really is time for co-ordination between all government departments to tackle this problem and help towards preventing yet another disaster for the farmer, householder and small business owner who will suffer life-changing events due to the lack of sufficient planning. If I were rating the Government’s actions on this issue, as other institutions are rated, I would give a “Good” for the last-minute emergency response, but for the long-term co-ordinated planning I fear I would give only a “Very poor” rating. It is time for climate change to be taken seriously.

[The Minister of State, Department for Environment, Food and Rural Affairs, and Foreign, Commonwealth and Development Office (Lord Benyon) (Con)]

I start by referring noble Lords to my entry in the register. I thank the two noble Baronesses for their questions: I will try to get through as many of them as possible and give other noble Lords a chance to ask questions. I know I speak for the whole House when I say we are very mindful of the impact that these floods have had on a great many households, individuals and businesses. Our thoughts are with them as they try to cope with the aftermath.

Several of our biggest river systems—the Trent, the Thames, the Severn and the Avon—saw record or close to record levels as they drained huge volumes of rain from across their river catchment areas. So far, 2,000 properties were flooded during Storm Henk and more than 80,000 properties were protected as a result of the Government’s investment in flood defences: we have to remember that there are a lot of people who did not flood because of the investment that has taken place. Over 1,000 Environment Agency staff have been working tirelessly in incident rooms to protect communities across the country—I thank the noble Baroness for raising the good work they have done. There is now an improving picture across the country as we enter a colder, drier spell and we see flood warnings continue to reduce over the coming days.

Ahead of the winter, early forecasting by the Met Office and the Flood Forecasting Centre enabled preparatory action to be taken at national and local levels, and I can assure noble Lords that that did take place, has taken place and will continue to take place. We exercise for these incidents. The largest civil contingency exercise ever undertaken, Exercise Watermark, took place a decade ago and since then there have been a number of others testing all the new systems we put in place following the Pitt review following the 2007 floods where we saw nearly 50,000 properties flooded. We have learned from that. Those who say that the way forward is some new, centralised system are ignoring the very important findings of that review, which said that we have to put more trust in local resilience fora, working with the emergency services, local authorities and the Environment Agency at a local level. It is really important that we continue to do that.

The Environment Agency wrote to all Members of Parliament in England to provide information for use in the event of flooding and launched its annual flood action campaign on 7 November, encouraging people to be prepared. Throughout the winter, Defra monitored the flood risk and chaired daily government meetings during Storm Henk to ensure that appropriate actions were being taken to minimise impacts to communities.

For all those who have, sadly, been affected, the Defra and Department for Levelling Up, Housing and Communities Secretaries of State activated the flood recovery framework, which the noble Baroness mentioned, on 6 January. This will allow eligible communities impacted by the flooding to apply for financial support. This will provide financial support to help with immediate clean-up costs and up to £5,000 to make homes and businesses more resilient for future flooding. Our flood recovery fund will support those farmers who have suffered uninsurable damage to their land; they will be able to apply for grants of up to £25,000—I will come on to talk about support for farmers in a second. Small and medium-sized business will also be able to apply for up to £2,500 from the business recovery fund to support their return to business as usual.

On the points raised by both noble Baronesses that there is somehow a rowing back, I would just state that when the noble Baroness’s party and mine came into government in 2010, 40% of our energy needs came from coal; that is now 1% and the 1% will be eliminated in years to come. No Government in the G7 or the European Union have taken more action on climate change. Our predictions for decarbonising our economy in the roll-up to the net zero date of 2050 outperform so many of our near neighbours and other developed economies.

The noble Baroness is absolutely right that the Environment Agency has said that it will be able to protect fewer homes. Construction inflation has had an impact on public procurement right across the piece —there is no doubt about it—but we have put more money into the programme and we will continue to protect homes.

The noble Baroness asked a very specific question about asset condition. There have been three Environment Agency asset breaches in January 2024. All were raised earth embankments in rural parts of Lincolnshire. There was minimal risk to properties but some impact on farmland. The Environment Agency is working with local landowners to understand the impact, assess the damage and plan for repairs. There were eight breaches during Storm Babet across the East Midlands. They have been inspected and repairs are under way.

On farmland, under the current schemes some 45% of the projects that have been put in place were in rural areas. So that protects farmland: we have protected over 700,000 acres. We are taking the impact of floods on our food security, the rural economy and the businesses concerned very seriously and are busy doing what we can to protect land and ensure that farmers can be supported in recovering from this. It is certainly going to have an impact on our food security, because large areas of counties such as Lincolnshire are very important for the production of crops that we all need.

On asset condition, I also say to the noble Baroness that our target is for 98% of all assets to be in a good condition: at the moment, it is about 93.5%. In this comprehensive spending review, we will get to somewhere between 94% and 95%. We have increased the maintenance budget to £221 million, an increase of £20 million.

I am conscious that time is too short to answer other questions and will certainly write on any other issues that have been raised.

Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2023

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 6th December 2023 Grand Committee

[The Minister of State, Department for Environment, Food and Rural Affairs, and Foreign, Commonwealth and Development Office (Lord Benyon) (Con)]

My Lords, these regulations were laid before this House on 26 October. This instrument amends the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 and the Plant Health etc. (Fees) (England) Regulations 2018 to extend an exemption in certain circumstances from the payment of fees in connection with applications for a phytosanitary certificate.

The 2015 and 2018 regulations set fees for delivery of plant health services in England by the Forestry Commission and Defra respectively. This includes fees for phytosanitary certification services required to comply with entry requirements relating to controlled plant health material. All businesses that use these services are charged a fee to recover the cost of delivery.

Earlier this year, the UK Government and the European Union announced the Windsor Framework. It fundamentally amends the old Northern Ireland protocol to restore the smooth flow of trade within the UK internal market and safeguard Northern Ireland’s place in the union. Under the Windsor Framework, new schemes allow for the smooth movement of retail agri-food goods, plants and seeds for planting, seed potatoes, and used agricultural and forestry machinery and vehicles from Great Britain to Northern Ireland.

Where goods do not move with the new Northern Ireland plant health label or via the new Northern Ireland retail movement scheme, they must meet different requirements including, in the case of plants and plant products, being accompanied by a phytosanitary certificate. These goods move through what is sometimes referred to as the red lane, where fees and certification requirements apply.

For businesses that move goods from Great Britain to Northern Ireland outside of the new schemes, but where the goods remain in the United Kingdom, the UK Government introduced the movement assistance scheme. Introduced in December 2020, the scheme waives the cost of inspections and certification for businesses moving agri-foods from Great Britain to Northern Ireland. This underlines our ongoing support for the agri-food and horticultural sectors in the United Kingdom, as well as for consumers in Northern Ireland.

In September, as part of a package of financial support provided to support the industry with the implementation of the Windsor Framework, we confirmed that the scheme would be extended. This instrument specifically ensures that fees related to issuance of phytosanitary certificates are disapplied until 2025 for goods moving from England to Northern Ireland.

Amendments made by this instrument extend an exemption from the payment of fees for certification services where goods are moving from England to a private business or individual in Northern Ireland. The exemption also applies to movements of goods by private individuals in their passenger baggage.

Although the SI applies in England only, as it is a devolved matter, both the Scottish and Welsh Governments are currently taking forward their own parallel legislation.

This instrument will ensure that trade from England to Northern Ireland is not subject to additional plant health costs until 1 July 2025, giving businesses time to adapt to the new movement routes now available thanks to the Windsor Framework. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction to this statutory instrument. As he indicated, these regulations cover businesses which are exempt from paying fees to Defra and the Forestry Commission for pre-export and export certification services for products of animal origin and phytosanitary certification for regulations of plants, plant and wood products and other material between England and Northern Ireland. The current fee exemption expires at the end of this month.

This SI is straightforward and will ensure that the movement of goods between England and Northern Ireland continues to run smoothly without the need for cumbersome paperwork and the payment of fees. Apart from removing the expiry date for the current legislation, there is no other change to the movement assistance scheme. The Scottish and Welsh devolved Administrations, having been consulted, plan to lay parallel legislation to amend their devolved fees legislation.

I support these regulations and have a couple of questions. As there was no significant alteration to the SI, no formal consultation took place. I understand this, but will the Minister say what form the informal stake- holder engagement took? The Explanatory Memorandum indicates that this engagement was strongly supportive of the proposed extension, so it would be useful to know just how it took place. I note that a new date of termination of 2025 has been inserted into the EM and I assume that, when we get to that date, the fee exemption might possibly be renewed. Can the Minister confirm this?

Lastly, paragraph 13.2 of the EM states:

“This instrument applies equally to all businesses trading in regulated plant health material between England and Northern Ireland, including small businesses. The costs associated with this trade are not mitigated by the size of the business”.


Does this mean that where costs are incurred they are not proportionate and that small businesses will pay the same as large businesses? I would be grateful for clarification. Apart from these small queries, I am happy with this SI and its provisions.

[Baroness Hayman of Ullock (Lab)]

My Lords, we support this statutory instrument. I do not think there is any reason for me to repeat why it is required; that was ably introduced by the Minister and referred to by the noble Baroness, Lady Bakewell.

It is important that intra-UK trade is effectively maintained, which this instrument is designed to do. I was pleased to see that Scotland and Wales plan to make parallel legislation; it is important that the devolved Administrations are consulted and move forward with the Government here.

I have one question of clarification for the Minister: why did the extension have to be made? Do the Government believe there is going to be a competitive disadvantage to UK exporters or internal UK suppliers from the fees being applied or do the Government just need more time to get everything ready? It would be useful to understand the reasons for the extension date but, beyond that, we are happy to support this instrument.

Fluorinated Greenhouse Gases (Amendment) Regulations 2023

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Tuesday 24th October 2023 Grand Committee

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, these regulations were laid in draft before this House on 4 September 2023. Fluorinated greenhouse gases, also known as F-gases, are powerful greenhouse gases used mainly in refrigeration and air-conditioning equipment, as well as for other uses such as medical inhalers. The most commonly used F-gases are known as hydrofluorocarbons, or HFCs.

The purpose of this instrument is to correct a technical error in Regulation 517 of 2014, on fluorinated greenhouse gases, known as the F-gas regulation, which is retained EU law. The correction will ensure that annual quotas, which limit the quantity of HFCs that can be placed on the market in Great Britain each year, are calculated as intended. Pursuant to the Windsor Framework, separate EU F-gas legislation and systems apply in Northern Ireland.

For Great Britain, the F-gas regulation has provisions to phase down the amount of HFCs placed on the market for the first time. This is implemented using a quota system. Importers and producers may place on the market only up to the amount of the quota they hold. The regulation sets out a phase-down schedule, with the starting point being 2015. Every three years, the amount of quota issued to businesses is reduced, thereby driving a move to lower carbon options, while giving industry time and flexibility to choose how to transition to them.

The F-gas regulation provides for a 79% reduction of HFCs placed on the market by 2030. We have already reduced HFC levels by 55% since 2015 through quota limits. Annual quota amounts allocated to businesses are calculated based on reference values. Article 16(3) provides for recalculation of the reference values by the appropriate regulator, based on the annual average of HFCs placed on the market by a business from a specified start date.

This statutory instrument corrects a technical error made in previous amending legislation relating to that start date. The start date should have been January 2015 but was erroneously changed to January 2021. If the error is not corrected, it will result in too little quota being issued to businesses. This was not the intended outcome when the F-gas regulation was retained and amended as part of the UK’s exit from the European Union. The intention was to retain the substance of the regulation, including the calculation of reference values and pace of phase-down of HFCs. Issuing too little quota to businesses would cause significant problems for HFC supply into Great Britain, disrupting sectors across the economy and business confidence.

The territorial application of this instrument is England, Wales and Scotland. The Environment Agency performs the functions set out in Article 16 of the F-gas regulation as the appropriate regulator for England and, under directions from Scottish and Welsh Governments, for Scotland and Wales. A GB-wide F-gas regime currently operates under the regulation. There is an F-gas common framework in place through which the UK, Scottish, Welsh and Northern Irish Administrations collaborate, including on the application of the GB-wide F-gas regime. Using the common framework working arrangements, devolved Administrations were engaged throughout the development of this instrument, and agreement between officials on its provisions was reached. I am pleased to say that ministerial consent has been provided by the Welsh and Scottish Governments. The Secondary Legislation Scrutiny Committee considered this instrument and cleared it without reporting it to the House at its meeting on 12 September.

In conclusion, making this correction is essential to ensure that our ambitious and world-leading phase-down is not undermined. We have already reduced HFC levels by 55% since 2015, through the F-gas regulation. To meet our international obligations, we also remain committed to reducing HFC consumption by 85% by 2036. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction to these regulations. At first glance, this seems like a very minor matter, a mistake having been made in the date of implementation of the regulations, 2021 having been substituted for 2015. That technical error does not appear to have been picked up quickly, despite annual quotas for HFCs being set and their importance to a range of essential products, including refrigeration, air conditioning, medical inhalers and fire extinguishers.

HFCs are regulated by quota, which, had the original date of 2021 been adhered to, would have resulted in businesses receiving too little quota. However, levels of HFCs have been reducing since 2015 by 55%, as the Minister has said, so progress is being made towards the 79% reduction required by 2030. I assume that the error was picked up only when the phase-down and three-year recalculation took place. The next recalculation is due in January 2024, and the deadline for its submission is 31 October, so it is a very tight timeline to correct the calculation error.

Although the recalculation does not affect technical operability, not having a consultation is interesting. The businesses that would have been adversely affected had this error not been identified and corrected would, presumably, have suffered at least a disadvantage to their operation, and I would have expected them to have a view on this and to have been consulted. There is also no impact assessment; it has been deemed unnecessary as the instrument corrects a technical error, but that error relates directly to the level of HFCs that can be used in the various products dependent on them.

Should the other place and this Committee refuse to endorse these regulations, there would be an impact on a number of particularly important businesses. However, I understand completely that, at the time of Brexit, the sheer number of SIs passing through Defra was enormous and some errors were unfortunately made. My only surprise was that this one took a while to surface. Nevertheless, I accept the importance of this SI and am content to support it as it stands.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, I thank the Minister for his overview of the regulations before us. As has been stated, this is an unusually straightforward statutory instrument as it seeks solely to correct a date error in a piece of retained EU law relating to fluorinated greenhouse gases. Therefore, I plan to keep my contribution short.

However, to reiterate the comments of the noble Baroness, Lady Bakewell, it is clear that the technical error, as outlined in Paragraph 6.6 of the Explanatory Memorandum, which changed the baseline date for the annual quota system from 2015 to 2021, would have a detrimental impact on the businesses affected and make compliance challenging. It is also contrary to the policy intent. However, it is concerning that the SI is before us only today, when the deadline for recalculating the underlying reference values is 31 October. In other words, the dataset needs to be calculated next week, yet His Majesty’s Government have put this before us only seven days before the deadline. When was the error identified? Could the department have brought forward the instrument earlier to give assurance and clarity to business? Can the Minister also confirm that this is the last example of this error, and that we should not expect to see any more SIs of a similar nature in the coming weeks?

While I have the Minister’s attention, Paragraph 14.1 of the EM notes that a wider review of the F-gas regulation is under way. Can he update your Lordships’ House on the timelines for the review? I look forward to hearing from the Minister.

Farming: Net Zero

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 20th September 2023 Lords Chamber

[Lord Benyon (Con)]

The noble Lord has great experience in this field. He is right that there are a great many tools available for use by farmers and their advisers to support on-farm calculations and audits. The Government and I share his concern because a number of those tools differ widely in their complexity and underlying methodology. We are therefore working at pace to find the most credible and consistent on-farm tools to assist farmers to understand their baselines and thereby to prove additionality, so that they can actively seek carbon credits and biodiversity credits, which will help them to hit net zero and their income accounts.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, everyone, including farmers, has to be committed and involved in attempting to achieve net zero. This year the Government turned away farmers from their higher-tier countryside stewardship and landscape recovery schemes. Those farmers were ambitious to cut greenhouse gas emissions and restore nature to the land. In future, is Defra likely to encourage farmers, rather than discouraging them from playing their part in cutting GHG?

[Lord Benyon (Con)]

I do not know where these stats come from. We have doubled the number of farmers in countryside stewardship. When we increased the rates two years ago, the number of farmers entering countryside stewardship doubled. I do not know where the noble Baroness is getting these figures.

Dangerous Dogs Act 1991: New Breeds

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Thursday 14th September 2023 Lords Chamber

[Lord Benyon (Con)]

I know that the Act is sometimes held up as a poster boy for the malign effect of knee-jerk legislative reaction to a terrible incident. However, as I said, the pit bull terrier, the Japanese Tosa, the Dogo Argentino and the Fila Brasileiro—the four species banned under the Act—are not breeds that have been involved in these awful attacks. One could therefore argue that there may have been more attacks if they had not been banned, but we are looking to make this effective and we want urgent action.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the phrase that there are no bad dogs, only bad owners, is patchy as breeds vary considerably. Spaniels are excellent at identifying victims in earthquakes; border collies are excellent at working with sheep. Labradors are brilliant assistance dogs; Alsatians and Rottweilers are brilliant guard dogs. For all, it is part of their inherent nature. The DDA should be reviewed bearing this in mind. Will the Minister give assurances that, if such a review takes place, it takes account of more evidence than just a single video clip?

[Lord Benyon (Con)]

I absolutely can give that assurance. We in government are lay people in this. There are real experts who understand animal behaviour and lawyers who can advise us on what will stand up in court. If we are to review this Act, we must make sure that we do not lose any benefits we have had from it and that we keep this House informed of every stage of the process.

Combined Sewer Overflows

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Thursday 14th September 2023 Lords Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

I thank the noble Baroness for her question. I suggest I have a different understanding of how an OEP investigation works. Let me be absolutely clear about this: the OEP has not satisfied itself, on the balance of probabilities, that Defra has failed to comply with environmental law; rather, the OEP believes it has reasonable grounds for suspecting the Defra has failed to comply with environmental law and has asked us for more information to help it make its decision, and of course we are complying with this process. Her allegation is that this is a done deal; the OEP’s concerns that the Government have somehow broken the law is under discussion. We now have two months to reply, and the OEP then has two months to adjudicate.

The aims of the OEP investigation are to clarify the roles and responsibilities of the public authorities—Defra, Ofwat and the Environment Agency—and to determine whether they have failed to comply with their respective duties. The OEP will consider the responses from all three public authorities in detail before deciding next steps. We should not prejudge its conclusions. The OEP’s press release clearly states that:

“If the response changes the OEP’s view on whether there has been a failure to comply with the law, or sets out steps the public authority intends to take to rectify the failure, then the OEP may decide not to take any further action in relation to the alleged failure(s).”


My answer to her final question is: yes, of course we will comply. We have created the OEP to try to find the best possible way to hold government to account on environmental policy following our leaving the European Union, where we were subject to infraction fines if we had broken the law. Through the Environment Act, we wanted to create something that held government departments to account. We believe in the OEP and what it does, and we will certainly comply with its findings.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, in its statement on Tuesday, the OEP identified serious breaches of environmental law. Despite what appears to be heavy investment to combat combined sewer overflows, Defra is accused of breaking Sections 18 and 94 of the Water Industry Act 1991 and other water regulations in deliberately allowing sewage overflows to continue when there has been no rain. Given yesterday’s debate on nutrients, are the Government really serious about protecting the environment as set out in the Environment Act, or are they only paying lip service?

[Lord Benyon (Con)]

I know the noble Baroness well enough to know that she does not really believe that. We sat through hours and hours of debate on the Environment Act, the Agriculture Act and the Fisheries Act. She knows that this Government have done more to protect the environment and deal with the unacceptable problem, which has existed for centuries, of sewage going into our rivers. She knows that we are investing in monitoring. The previous Government did not have a clue: they knew of 7% of sewage outflows. I started that change in 2012, and we now know of 91%; by the end of this year, we will know of 100%. That light of transparency is helping resolve this problem.

We have a record investment programme of £56 billion to deal with the problem. We have tougher regulation: there was a debate on nutrients yesterday and a debate in the Grand Committee on increasing penalties for breaches of rules from £250,000, where they are capped, to unlimited amounts. That is an example of tougher regulation that we are bringing in. At the moment, we have the largest ever criminal investigation by the Environment Agency into this matter, and we have a very serious civil investigation by the regulator Ofwat. We are absolutely committed to dealing with this, and we are doing more than any other Government have done previously.

Environmental Civil Sanctions (England) (Amendment) Order 2023

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 13th September 2023 Grand Committee

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I beg to move that the Environmental Civil Sanctions (England) (Amendment) Order 2023, which was laid before this House on 12 July, be approved. In doing so, I hope that it will be useful to your Lordships if I speak also to the Environmental Permitting (England and Wales) (Amendment) (England) (No.2) Regulations 2023.

The purpose of the instruments before the Committee is to strengthen environmental civil sanctions and provide environmental regulators with the tools that they need to hold operators to account. The instruments have been grouped as they form a package of amendments to the civil sanctions available to Natural England and the Environment Agency.

A public consultation on these proposed changes was held earlier this year, first trailed in the plan for water, and received majority support from the public and a range of operators under the legislation in question. Strengthening regulations that hold polluters to account, from water companies to waste operators, is part of the Government’s wider plan to reduce pollution and protect the biodiversity and ecology of our natural environment. Earlier this year, we published our environmental improvement plan. It provides an ambitious five-year road map for a cleaner, greener country, with a delivery plan for restoring nature and improving environmental quality across the board. We have since gone further with our comprehensive integrated plan for water, which will deliver clean and plentiful water.

To deliver on our ambitions, we must ensure that regulators have all the tools they need to take action on unacceptable breaches of environmental regulations. The current provision for variable monetary penalties under the Environmental Civil Sanctions (England) Order 2010 is capped at £250,000. This means that some operators may think that they can price in the penalty rather than follow the law. Therefore, current penalties do not act as a strong deterrent, particularly for large operators with significant turnover.

The limitation can be resolved by the amendments before the Committee today, which will entirely remove the cap. This will future-proof penalties to ensure that Natural England and the Environment Agency can determine the amount of the penalty in line with their enforcement policy. Penalties will be based on the degree of environmental harm and culpability as well as the size of the operator, ensuring that penalties are calibrated to act as a proportionate deterrent and punishment.

Currently, there is no provision for variable monetary penalties under the Environmental Permitting (England and Wales) Regulations 2016. The majority of Environmental Agency investigations are conducted under the environmental permitting regulations but the agency is limited in its enforcement options to warnings, advice, guidance or criminal prosecutions. A “justice gap” exists for moderate to severe offences. This limitation can be resolved by the instruments, which will introduce variable monetary penalties to the environmental permitting regulations.

Strong safeguards for determining the penalty, including a requirement on the Environment Agency to take into account an operator’s ability to pay, remain in place. The Environment Agency will also continue to use the guidelines for environmental offences published by the independent Sentencing Council as the basis to determine the amounts of all variable monetary penalties. The guidelines include a number of safeguards to ensure that penalties are proportionate and take into account the size of an operator, its ability to pay, its degree of responsibility and the seriousness of the incident. The instruments require the environmental regulators to update and publish guidance that sets out their methodology for determining the amounts of these penalties. A consultation on updating the guidance has been launched and will ensure a fair, proportionate and consistent approach.

The UK has a long and proud history of work in this area. The Government’s environmental improvement plan and integrated plan for water make our commitment to protect the environment clear. These instruments will ensure that the regulators are able to act swiftly against those who would threaten to harm it. They build on announcements earlier this year, with the proceeds of fines going into water improvement schemes through a new water restoration fund, and on water company dividends being linked to environmental performance. Together, this is a strong package designed to target those companies most egregiously harming our environment.

I commend this draft instrument to the House.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introductory remarks on these two statutory instruments. It is regrettable but not entirely surprising that businesses find it cheaper to pay the current fine of up to £250,000 than to fix the problem causing the breach of environmental law. There have been numerous debates in the House on storm overflows and the resultant sewage spills into waterways. It is time that this was resolved in a way that effectively deters the polluters from their anti-social activities. I fully support the removal of the cap of £250,000 for a larger fine and hope that the threat of a more substantial fine will be a sufficient deterrent.

I have looked at the consultation questions and responses on changing the cap. There was enormous support, with 88% of respondents agreeing or strongly agreeing with the proposals to change the cap. I smiled to myself when I saw that the lowest support for this change came from the waste and resource management and energy sectors. Some 27 organisations ranging across a wide variety of interests are listed as having taken part in the consultation, from the Clean Rivers Trust and the River Otter Fisheries Association to Severn Trent Water and Wessex Water. There was a good cross-section of responses.

I noted that there was some concern that removing the cap might result in disproportionately high penalties. This would obviously depend on how someone had been affected by the breach of legal protection; the Minister set out the process for assessing fines. A minor breach is unlikely to receive a high penalty whereas a major incident that results in contamination over a large area and on a scale that takes huge resources to clean up should, quite rightly, deserve a substantial penalty.

Only by implementing the “polluter pays” principle in full will our environment eventually be cleared up. I note that the Secondary Legislation Scrutiny Committee also supports closing the gaps in the enforcement regime. I fully support this SI.

Clothing Sales: Sustainability

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 11th September 2023 Lords Chamber

[Lord Benyon (Con)]

My noble friend is a living example that buying from thrift shops is what we should all be doing. This month in particular, we should be encouraging people to do that. Slow fashion is the way forward. We need to continue to make sure that we are requiring manufacturers and retailers to make and sell goods that last longer, are properly supplied and do not go landfill when they come to the end of their natural life. Recycling is an emerging technology, but the most important thing is that we all stop buying so many new things.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, an estimated 92 million tonnes of textile waste are created annually by the fashion industry. This is set to increase by 2030. Thinking of Marrakesh as an example, would the Minister agree that it would be better for this redundant clothing to go to parts of the world where people have lost their homes and possessions, instead of to landfill?

[Lord Benyon (Con)]

Like everyone in this House, I pay huge tribute to those charities and organisations that do precisely that. It is absolutely vital that support is given to people in vulnerable circumstances who have lost everything so that they can clothe themselves and their families. It also shows us the importance in our lives of trying to develop policies, both as a Government and societally, so that we use less, consume less and, where we can, support those in need.

Orphan Sites: Hazardous Waste

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 4th September 2023 Lords Chamber

[Lord Benyon (Con)]

My Lords, I once asked the then president of the Campaign to Protect Rural England what he thought the Government should do about fly- tipping and littering, and he said a shoot-to-kill policy. I think he was joking, but at times, I am sort of with him in spirit. The Government have provided more funds, increased the fines for fly-tipping and increased the ability of local authorities and the police to, for example, fine people for littering from a vehicle and to accept dashcam evidence. We are serious about trying to prevent this scourge. There is an organisation which now brings different groups of people together to assist landowners, who bear the brunt of fly-tipping, to minimise the chances of fly-tipping taking place in hotspots, but also provides them, through the local authority, with funding that will catch the criminals and take them to justice.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the cost of cleaning up hazardous waste sites can be enormous—as in the case of the sheepskin factory in Glastonbury bought by the previous RDA, where sections of land had to be abandoned. Given the extreme shortage of housing, does the Minister agree that it would be more cost-efficient to clean up orphan hazardous waste sites for new homes rather than paying to clear up newly and deliberately nutrient-polluted waterways? Given his comments on water pollution in the past, can he please explain the volte-face on this issue?

[Lord Benyon (Con)]

I think the noble Baroness is conflating two very different issues. What we are talking about here is orphan waste sites where the owner has in most cases gone out of business and nobody, in effect, owns them. We need a mechanism whereby an owner is found and the contaminated waste is cleared. What she is referring to is a system that has failed to unlock much-needed new housing and which has been grossly misrepresented with respect to its impact on our waterways. I would be very happy to have a longer debate with the noble Baroness on that matter.

Domestic Animals: Welfare

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Thursday 13th July 2023 Lords Chamber

[Lord Benyon (Con)]

The dog charities are doing wonderful work on this. I particularly praise the Dogs Trust, having recently visited one of its rehoming units. There is a serious issue around people being encouraged to spend enormous amounts of money to import pets from countries such as Romania, with a heart-rending story involving the welfare of a dog from there. But we have a large number of dogs that need to be rehomed here, through a process that is properly managed by really good charities, such as the Dogs Trust. I urge people to take that path, rather than spending hundreds of pounds on what is becoming an industry. While some people are doing it well, some are not. I encourage people to go through a registered charity and home UK stray dogs that need rehoming as a priority.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, we have debated a number of statutory instruments that aim to improve the health and well-being of animals, including those on the prevention of puppy and kitten smuggling, and on the latest ban of electric dog collars. In the past, commercial kennels have been regulated, including their size, weatherproofing and bedding, and the separation of dogs from different owners was introduced. Can the Minister say whether these measures have been successful? How often are commercial kennels inspected?

[Lord Benyon (Con)]

We work with local authorities to make sure that that is happening. There is a standard required and I am pleased that it has been brought in. I am open to any suggestions of where there has been a failure in regulation, inspection or the physical circumstances of a dog. It is important that this standard is universally applied.

Live Animals: Export Ban

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 10th July 2023 Lords Chamber

[Lord Benyon (Con)]

The noble Baroness is absolutely right. We are in negotiations with the French authorities, and we want to make sure that there is a good border control post at Coquelles. That will assist us as well with the illegal import of products of animal origin, which are causing us great concern for biosecurity. I cannot give her an exact date, but I feel sure that a post will be created, and that will regularise the trade in both directions.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, on 3 December 2020, the Government published a consultation on the banning of the live export of animals for slaughter and fattening, and this closed in February 2021. This measure was included in the kept animals Bill that went through the Commons and was killed off in May. Are the Government now relying on a Private Member’s Bill to bring this measure forward?

[Lord Benyon (Con)]

No, I am hoping that it will be a government Bill.

Water Industry: Financial Resilience

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Tuesday 4th July 2023 Lords Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

I thank the noble Baroness for her questions. First, this will not impact on customers. Their bills are regulated by agreement with the regulator, Ofwat, and we do not expect any reduction in service—that is also strictly monitored. We think that investment by water companies into our water sector infrastructure is important, which is why we have agreed that there will be the largest-ever investment—£56 billion—to see our infrastructure further improve.

Since privatisation, £190 billion of capital investment has been made. In real terms, that is twice what was happening at the same rate prior to privatisation. We have also seen improvements in the provision of water for customers, and we want to see that continue. We look very carefully at, and work with, Ofwat and the water sector on concerns about leverage—I share the noble Baroness’s concern about some of the companies’ degree of leverage. It is interesting that the level dropped last year from 72%, where it was in 2021, to 68%, which was roughly the same as it was in 2005, having risen from 37% when the previous Government were in position. However, Thames Water in particular has a much higher leverage rate, which has rightly caused concern for the Government and the regulator. That is why we are working with it to make sure that it is viable. We believe that with £4.4 billion of liquidity in its business, it can trade through this.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, Thames Water is not the only company causing concern: Southern Water, Yorkshire Water and South West Water were mentioned in the other place. Last year, £1.4 billion was paid out in dividends. Meanwhile, sewage poured into waterways, flooding affected many areas, and others had their water delivered in bottles. Ofwat cannot solve these problems. Surely it is time for the Government to take back control and sort out this essential service.

[Lord Benyon (Con)]

We think that the model that operates at the moment is the right one. We have seen more investment, but if the Government took back control, that would, in effect, put the onus back on the taxpayer. That would mean that I or the Secretary of State would have to get in the queue behind the health service, pensions, and all other areas of government spending to get the right levels of capital investment we need in the water industry.

We think that the £56 billion can be afforded at a relatively modest increase of around £12 per household. For roughly £1.20 a day, households receive the water they need and sewage and dirty water are removed from their homes, and there has been a massive increase in spending on the infrastructure we need, some of which is still in need of changes. Through this model, we have delivered a better outcome for the consumer and for the taxpayer. We have concerns, and I share the noble Baroness’s concerns, certainly about the issues relating to Thames Water and one or two other companies. Ofwat has been proactive in trying to resolve the concerns with those companies, and we are watching the situation very closely.

Farm Animal Welfare

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 26th June 2023 Lords Chamber

[Baroness Bakewell of Hardington Mandeville]

To ask His Majesty’s Government what plans they have, if any, to improve the standards of farm animal welfare.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I declare my interests as set out in the register. We have delivered an ambitious legislative programme since the publication of the Action Plan for Animal Welfare. We are committed to maintaining our strong track record on animal welfare and delivering continued improvements in the course of this Parliament and beyond. This includes our commitment to ban the export of live animals for fattening and slaughter.

[Baroness Bakewell of Hardington Mandeville (LD)]

I thank the Minister for his Answer. Defra’s call for evidence showed strong support and appetite from the public for animal welfare labelling on supermarket products to level the playing field for British farmers and help consumers make informed choices based on how the food they buy has been produced. That could not be more important when future trade deals will allow food to be imported which has been produced to lower standards than we legally allow in this country. Supermarkets such as Waitrose have already shown their voluntary commitment to leading standards of animal welfare. It is vital that there is a means for different standards of farming practices to be clearly and consistently communicated to consumers to help them and provide choices. Can the Minister confirm when he will publish the long-awaited consultation setting out the proposals to expand mandatory labelling requirements for animal welfare for both imported and domestic products?

[Lord Benyon (Con)]

The noble Baroness is right that the power to improve animal welfare lies in large measure with the consumer, and keeping the consumer informed is a key part of this. Therefore, in answer to her question, we received over 1,600 responses to the consultation, a summary of which is available on GOV.UK. Based on the evidence provided, the Government are continuing to explore options for improving and expanding mandatory animal welfare labelling, covering both domestic and imported products, and we will keep the House informed of our progress.

Agricultural Tenancies

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 12th June 2023 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful for this opportunity to comment on the tremendous work that the noble Baroness, Lady Rock, and her team have done on the tenant farming sector, which plays such an important part in the agricultural provision of the country.

The Statement, given in the other place on 24 May, draws on the government response to the Rock review, which was published in October last year. The review itself was extensive and covered every area of the way that agriculture is conducted by tenant farmers, from relationships with landlords to tax systems. Tenant farmers are now firmly at the centre of the agriculture industry. I am delighted that Defra has proposed setting up a tenant farmers’ forum; that is excellent news. Tenant farmer voices need to be not only heard but listened to.

I read the Rock review, the government response and the Statement, and thought that the Statement was very thin on the detail of the government response and the review itself. The review splits its recommendations into two parts: those requiring immediate action and those taking place over a longer timeframe.

There are aspects of the government response that were good. First, the Government are ensuring that the various ELMS are easily accessible and open to tenant farmers; that is essential. Recommendation 1 gives details of how this could be achieved, including by ensuring that landlords are not able to block tenant applications. However, in terms of the SFI, it is true that tenant farmers have not rushed to take part. Can the Minister say what the Government are doing to rectify that situation?

Secondly, the Government are ensuring that Defra communicates with the tenant sector and that funding schemes are easily accessible to tenant farmers; that is important. Doing this through the farm tenancy forum is also important. Thirdly, they are continuing to invest in farm infrastructure through the farming investment fund by means of grants to farmers, foresters and growers, which will include tenants. Science and technology are moving at a pace; it is vital that tenant farmers have access to resources to invest in innovation. Is the Minister able to say how much of the £168 million in the FIF has been allocated to the tenant farming sector, and is this likely to be sufficient to make a real difference to the tenant farmer?

Other aspects of the response were not so encouraging. Requiring a longer period for implementation is the proposal in recommendation 6 for the appointment of a tenant farmer commissioner. This role would ensure that government policy is tenant-proofed. The commissioner would be able to examine and strengthen any dispute resolution processes. That was met by Defra with a call for evidence over the summer months. This seems to have been in response to industry lobbying with differing views, possibly from the landlord sector. That was disappointing, so I would welcome the Minister’s view on the appointment of a tenant farmer commissioner.

There were also a large number of recommendations, where the government response was to

“work with the … Farm Tenancy Forum”.

While that is exactly what they and the forum should be doing, it seems to me that the Government were pushing a disproportionate amount down to the forum. It would be better if they made a much more positive response to the individual recommendations in the Rock review in the first place.

The chapter on tax contained a number of recommendations, including recommendation 62:

“Reform Stamp Duty Land Tax to end discrimination against”


farmers. The government response to this and to recommendations 56 to 58 was to explore the potential for relief on tenancies of eight years or more and to work with the forum on solutions. Again, that was not as encouraging as it might have been.

In the other place, the previous Secretary of State raised the issue of the Law of Property Act 1925 and the Agricultural Holdings Act 1948, whereby landowners had a right to rent out their land. However, following lobbying by the banking industry, that was taken away through Section 31 of the Agricultural Tenancies Act 1995, which requires that they now need permission from a bank. The question was asked whether the Government had considered repealing Section 31. The Minister’s response was to look into the matter and get back to the right honourable Member. Given the length of time that has elapsed since the Statement was first debated, can the Minister update the House on whether this is likely to be considered?

Tenants, and farmers in general, are bogged down in measuring and monitoring what they do. Recommendation 68 calls for Defra to

“systematise the measurement, monitoring and collection of data on tenants and their involvement in schemes”.

This is not rocket science and it will make a tremendous difference to tenants and other farmers. The Government’s response was quite long and ended with:

“We will keep this question under review as part of our monitoring, evaluation and learning work, to ensure we have all the necessary evidence to inform ongoing policy review and development”.


So that was a no. The Government are obsessed with monitoring and evaluation; as the saying goes, you do not fatten a pig by continually weighing it. The noble Baroness, Lady Rock, has taken an enormous amount of time on this review and produced some workable recommendations which would enhance the lives and viability of tenant farmers. I am disappointed by the government response.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

I thank both noble Baronesses for their welcome for the review, which I entirely share. I should refer noble Lords to my entry in the register: I am not just a farmer but a member of the Royal Institution of Chartered Surveyors.

I pay a real tribute to my noble friend Lady Rock for what she has done to ensure that tenant voices are heard at this key moment in our agricultural transition. It was entirely right of my right honourable friend George Eustice to commission her. The team she had around her did an enormous amount to help Ministers on policy, but also to give a voice to a very important part of our agricultural sector.

From day one of the agricultural transition, we have worked with tenant farmers as we have codesigned our farming schemes, utilising their input through our tests, trials and pilots to develop schemes so that they are accessible to all. But we are grateful to the review for highlighting some areas which we have taken action to ensure are accessible to tenants. We recognise how critical the tenanted sector is to a successful agricultural transition. When we commissioned the tenancy working group to carry out this comprehensive review, we were absolutely clear from the start that tenants must continue to be a very significant part of the occupation of land and the production of high-quality food in this country.

I will address the various points that the noble Baronesses raised, but not in any order—I hope they will forgive me. On the farming investment fund raised by the noble Baroness, Lady Bakewell, we have made productivity and capital grants, such as those available through the farming investment fund, available to both landlords and tenants.

There are over 70 recommendations in this review and many we have already delivered on, such as the very important point about sustainable farming incentive standards. We have three standards that were launched a year ago: they are the standards on arable and horticultural soils, improved grassland soils and moorland. We have announced six new standards for this year, which include hedgerows, integrated pest management, nutrient management, arable and horticultural land, improved grassland and low-input grassland. We want to make sure that tenants can access those, in many cases without landlords’ consent. That is an absolutely key point, but other measures are also available to them in such areas as countryside stewardship.

Some of the Rock review recommendations have widespread stakeholder support. There is less consensus on others and we want to make sure that we are getting it right, so asking for a call for evidence on whether having a tenant farming commissioner is right seems a good process to undergo before appointing one. However, we are open to the idea; I want to reassure noble Lords on that.

The noble Baroness, Lady Hayman, asked about the Farm Tenancy Forum. The current Tenancy Reform Industry Group is an ad hoc organisation that meets on an irregular basis to resolve particular issues. The Farm Tenancy Forum will meet quarterly; it will be co-chaired by my right honourable friend Mark Spencer, the Farming Minister; and it will have a remit to find solutions to various issues relating to the tenanted sector and feed back real-world experience and insight on progress. We are inviting industry organisations that represent tenant farmers, agricultural landlords and professional advisers who work in the sector to be members of this group. The forum will build on the valuable work the Tenancy Reform Industry Group delivered over many years. To explore the issue of a tenant farming commissioner in more detail, we will make an announcement this summer at the completion of the call for evidence.

We recognise that, in many cases, tenants and land agents—and I speak as somebody who qualified as a land agent—work collaboratively. The vast majority of the relationships between landlords and tenants is good. There are some bad cases, and the report highlighted the actions of some advisers that need to be addressed. I am pleased that the Royal Institution of Chartered Surveyors is looking at a new code of practice. That will build on work that has already been done by the CLA and the Central Association of Agricultural Valuers to make sure we are getting that right.

The government response recognises that the issue of restrictions in farm business tenancy agreements needs to be examined further to see whether those are a widespread barrier to tenants accessing new schemes. We have to remember that if we make dramatic changes to policy, we could stop the access to farming by this key group of people, because the incentives to landlords to let land will not be there. That has happened in other countries, and we want to make sure that the vibrant tenant farming sector exists because landlords are incentivised to let land and, once they have let it, farmers can get on and farm it, secure in the knowledge that they are going to be able to access the schemes and know they are not going to have what is known as unreasonable land resumption, which is basically the ending of tenancies.

I can speak from first-hand experience about the importance of the term of years of tenure. The report makes some really interesting comments about trying to incentivise landlords to give longer tenancies, and some of the tax reforms announced by the Chancellor—the Government are seeking evidence on them before making a change, and it comes under the Treasury and not Defra—are the sorts of things we will be promoting. What is clear is that as you get to the end of a farm business tenancy, the tenant has less and less incentive to invest—in buildings, in the natural capital that he or she is seeking to exploit—and nobody wins. To give them some sort of surety was one of the best points that was made in the review.

The noble Baroness, Lady Hayman, asked about new entrants, something vital to me and to us in Defra. On the one hand, we have given the exit scheme to allow farmers to exit their holdings with dignity and support from the Government. At the same time, we are putting in £1 million for access to special benefits by tenants as part of the development of the new entrant support schemes. We will involve tenancy industry bodies such as the Tenant Farmers Association to be part of the stakeholder advisory group. We will share data on the number of tenants that have signed up to the pilots, use the feedback we get from tenants to embed tenant farmer thinking back into policy design, and look to the extent to which new entrant support scheme pilots support people to gain new tenancies.

The biggest barrier to somebody succeeding in farming and getting through the door is a shortage of capital or skills. If you assist a new entrant in setting out a business case for a tenancy that comes available, how to talk to a bank and how to do a cashflow, their skills and enthusiasm will take on the rest. We have seen this happen, and I applaud so many good landlords for doing it. That is the experience of the Duchy of Cornwall, the Crown Estate and many others. Clinton Devon Estates is a great example of a really enlightened policy of trying to encourage new people into farming and bringing in new ideas, which is absolutely vital.

I am conscious that this is a long Answer; I was asked a lot of questions. On the tax recommendations, as I said, at the Spring Budget we launched a consultation to explore the extension of inheritance tax relief to include land in environmental land management schemes and ecosystem service markets. The consultation also explores the option to limit inheritance tax relief to let land out for a minimum of eight years. Since publication of the review, HMRC has updated its inheritance tax manual to help clarify the tax treatment of agri-environment schemes.

On the point about technology and the collection of data, this is not particular to tenant farmers: it is absolutely vital across the farming sector. Technology is our friend here. Someone with the scars on their back of IACS, going round with a measuring wheel and arguing on the phone with Defra—or MAFF, as it was then—about whether you had one-metre or two-metre margins, can now do it from satellite data or with their mobile phone. The collection of data has to be easy and sensible, and we need to incentivise people to do it. That will assist in so many areas of the governance of farming, not least the availability of land for tenant farmers. We want to make sure that that is happening.

Water: Wales and England

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 7th June 2023 Lords Chamber

[Lord Benyon (Con)]

There are plans for more reservoirs. A reservoir in East Anglia has increased in size and, I hope, we will very soon see plans being brought forward by Thames Water for a major reservoir that will resolve many of these issues. The reservoirs in London were closed because a ring main was created, which is sometimes quoted erroneously in this case.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, water is an essential resource, but we have seen it being polluted on a grand scale through legal sewage overflows. This week, we have also seen that the water network of Ukraine is vulnerable to catastrophic attack, causing great personal distress and huge environmental damage. The noble Lord, Lord Wigley, has highlighted the need to move water around the country, from areas of plenty to those suffering scarcity. Is the Minister confident that, nationwide, we have sufficient water resources to meet the current population’s demands?

[Lord Benyon (Con)]

If you draw a rough line from the Bristol Channel to the Wash, all that is north and west of it has a surfeit of water, but there are areas that are south and east of it where rainfall is often below that of some countries in sub-Saharan Africa. That is why our environment improvement plan sets a clear reduction of demand, halving leakage rates, developing new supplies, moving water to where it is needed and reducing the need for drought measures that can harm the environment.

Animal Welfare

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 7th June 2023 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I welcome the chance to comment on this Statement. The Government have been active on the animal welfare front and I commend their Action Plan for Animal Welfare. I have some questions for the Minister on progress on several fronts on this plan.

I was delighted when the Ivory Act was passed and disappointed that it took so long to implement. I am pleased that the measures in the Act are now extended to cover hippo, narwhal, killer and sperm whales and the walrus, all endangered species.

The animal health and welfare pathway covers farm animal welfare through welfare reviews with a vet of choice. We debated earlier this week the shortage of vets to conduct all the necessary government work. At that time, the Minister detailed the steps being taken to address the vet shortage. Is the Minister able to say whether there are particular geographical hotspots of vet shortage, or is the shortage spread across the country as a whole?

The Statement mentions the new Animal Sentience Committee, the creation of which was not universally welcomed in the other place or in this House. As the committee begins its work next month, is the Minister able to say whether it will be looking at forthcoming legislation across all departments of government, as originally intended, or will it be confined solely to Defra?

I understand the Government’s reasons for not pursuing the kept animals Bill, but I am, nevertheless, disappointed and concerned about certain aspects which the Bill would have covered. The Government appear to be relying quite heavily on Private Members’ Bills to implement strands of their manifesto. As we know, Private Members’ Bills often take a while to complete their passage and are some of the first to fall if there is pressure on official government business.

While I fully support the ban on trading in detached shark fins and banning the sale of glue traps, I am less enthusiastic about the ban on importing hunting trophies. While I think the hunting of large exotic animals for trophies is a revolting practice, there is another side to this. The hamlets and villages which live alongside these wild animals find it hard to make a living out of farming the land, which is often destroyed by marauding game. The expansion of their farming practices into the areas previously inhabited by wild game brings them into conflict with the animals. Villagers are dependent, in some areas, on the exploits of big game hunters for their income. Would not a better system, to prevent the destruction of certain species, be to introduce a quota system, such as used to exist in the USA? There, a hunter could have a licence once every five years to kill a single bear. When his turn came up, he had the year in which to be successful. If he was not, then his licence lapsed, and he had to wait another five years. I readily admit that I do not know if this system still exists in the US, but it did some years ago. I also accept that my comments will not be welcome to those taking part in the debate next Friday on this important issue, and I am not able to be present on Friday but feel both sides of the argument should be heard.

The Government have done much to prevent the export of live animals for fattening and slaughter since 2020, but this is a temporary measure. Can the Minister say when the UK legislation will become permanent and what, if any, barriers there are to this happening soon? There have been several statutory instruments concerning puppy smuggling and banning the importation of mutilated dogs. The Statement indicates that, instead of this being covered by the kept animals Bill and statutory instruments, this will be in a single-issue Bill. Can the Minister say when this might be brought forward—if not in this Session, then presumably in the next?

During the Covid lockdown, we saw a rise in pet ownership, which was coupled with a rise in pet abduction, possibly driven by the rise in the cost of acquiring a puppy or kitten. The Government are seeking, as they put it, to progress

“delivery of the new offence of pet abduction and new measures to tackle livestock worrying”.

I fully support this, but I wonder whether this will be through government legislation or another Private Member’s Bill—can the Minister comment?

Lastly, I want to turn to the issue of keeping primates as pets. This was to have been, for me anyway, a key element of the kept animals Bill. The Government are due to consult over the Summer Recess on the issue of standards for keeping these highly intelligent animals as pets. This gives the impression that it will be acceptable to keep primates as pets. The Statement also refers to secondary legislation as the vehicle for introducing this. If this is the case, which Act will the relevant SI sit under? I am opposed to the keeping of primates as pets and hope the Government will ban this instead of regulating it.

I congratulate the Government on the action they have taken, and intend to take in the future, on animal welfare, and fully support their actions. However, I feel a sense of disappointment that the kept animals Bill will not be the vehicle for achieving further improvement.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I am grateful for the contributions made by both Front-Bench spokesmen. We are a nation of animal lovers and that unites us across this House. Animal welfare has been a priority for this Government, and I say to the noble Baroness that she would be hard pushed to find any Government that have done more for animal welfare than we have. On farms, we have introduced new regulations for minimum standards for meat chickens. We have banned the use of conventional battery cages for laying hens. We made CCTV mandatory in slaughterhouses in England. For pets, microchipping became mandatory for dogs in 2015 and, as she is aware, we have just passed this measure for cats. We modernised our licensing system for activities such as dog breeding and pet sales. We have protected service animals via Finn’s law. We banned the commercial third-party sales of puppies and kittens. In 2019, our Wild Animals in Circuses Act became law, and we have led the world to implement humane trapping standards by banning glue traps. Some of these measures were Private Members’ Bills, but we worked with people in both Houses to make sure that these happened.

As the noble Baroness, Lady Bakewell, mentioned, the animal health and welfare pathway is seeing a real step up in the relationship between vets and farms, and the support we can give to farmers in this important priority for improving animal welfare standards. We had the Animal Welfare (Sentience) Act and the Animal Welfare (Sentencing) Act. Last month, we made cat-microchipping compulsory and, as the noble Baroness pointed out, we brought the Ivory Act into force last year, but we have extended it to cover five other species also.

The noble Baroness is being a bit harsh when she looks at the issue in the round because we have had a lot of success with single-issue animal welfare matters, and we are still committed to the measures in the Bill. With regards to the example raised by the noble Baroness, Lady Bakewell, about the ban on keeping primates as pets, this will be on the statute book before it would have been if we had taken this through as a multi-issue Bill, because we are able to do this through a statutory instrument. I cannot remember the piece of legislation that this will amend or add to, but it will be on the statute book.

We remain committed to banning the export of animals for slaughter and fattening. Noble Lords may be interested to know the number of animals that have been exported since we left the European Union is zero. It is an activity that, through economic circumstances and the availability of the necessary infrastructure, is just not happening, but that never stops the Government being determined to do this.

We have the trophy hunting Bill coming forward; I suggest that is when we will tease out some of the legitimate issues raised by the noble Baroness. On shark fins, we will support the ban. The low welfare issues abroad are certainly matters we can take forward.

On the issues raised by the noble Baroness, Lady Hayman, around foie gras, we are keeping to our manifesto commitment. We are looking at the measures that would be required to legislate. We have committed to building a clear evidence base to inform decisions on banning the import and sale of foie gras; we have been collecting evidence on the sector and will continue options in due course. We are committed to taking an evidence-based approach towards exploring potential action on fur. We have already held a call for evidence and are continuing to explore possible outcomes.

When the noble Baroness looks at every part of the Bill, she will see that nearly all of it will have the necessary parliamentary time. We may be able to find an alternative place to bring in other areas such as zoo standards, but there is more evidence to collect on that. I am working very closely with the Zoos Expert Committee to make sure that we are doing that.

In reply to the noble Baroness’s point about vets— I am sure this will be raised by others in this House quite shortly—there is a shortage of vets, certainly in government and the APHA. We are treating this situation very seriously and seeking to address it, and we are working with people such as the noble Lord, Lord Trees, to make sure that the new vet schools which have opened in recent years, which are extremely welcome, are training more vets who will remain in the United Kingdom and service us. There is a particular shortage of large animal vets, and we are working with the royal colleges to make sure that we are finding new ways to encourage people to go into that sector and looking at why there is a disinclination for certain people to go into that area.

I have already covered the point about primates as pets. As for the six measures in the manifesto, we will ban live exports, as I have said, and there will be measures on puppy smuggling and primates as pets. Livestock worrying and pet abduction were not in the manifesto, but we are doing work on those issues. I hope also to be able to do something on zoo licensing. In addition to the manifesto, we have supported the glue traps Act, which passed through your Lordships’ House. We brought in extra penalty notices and extra measures for animal cruelty, and increasing the penalties for hare-coursing has been extremely popular with people—as well as with hares. The people carrying out that activity— I speak with some experience on this matter—are not pleasant when they are confronted.

I hope I am able to convince both Front Benches that the kept animals Bill was designed to implement several of our ambitions, including manifesto commitments on banning the live export of animals, cracking down on puppy smuggling and banning the keeping of primates as pets. Its multi-issue nature means that there has been considerable scope-creep. The Bill risks being extended far beyond the original commitments in the manifesto and the action plan. The Bills and regulations that we have passed already demonstrate the enormous progress that can be made with single-issue legislation. Therefore, we have announced that we will take forward measures in the kept animals Bill individually during the remainder of this Parliament. We remain fully committed to delivering our manifesto commitments, and this approach is now the surest and quickest way of doing so.

Water Companies: Customer Bills

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Tuesday 23rd May 2023 Lords Chamber

[Lord Benyon (Con)]

I do not agree that levelling up is a soundbite—it is really happening. I do agree that we need to make sure that we are supporting water companies and, through the regulator, making sure that they are taking a longer-term view on this. Each price round is five years, and the investment decisions we want them to take look way into the future, ahead of that. We want to make sure that we are working with the industry to create a long-term solution and that we are doing that with customers in mind. Some of the promises being bandied around about ending all sewage outflows by 2030, and those making them, really need to be challenged, because that will have a very big impact on households that are struggling to pay other bills at the moment.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the first three CEOs of water companies to waive this year’s bonus due to sewage pollution were from Yorkshire Water, South West Water and Thames Water, followed by those from Welsh Water and, lastly, Southern Water. The campaign waged both inside and outside this Chamber to influence water companies has begun to have an effect. Does the Minister believe that the measures which have recently been announced by water companies are sufficient to achieve the desired outcome?

[Lord Benyon (Con)]

The noble Baroness makes a good point, because the activities within Parliament and outside it on this issue have really struck home, and people are, rightly, demanding that we take into account the impact of development and growing populations on the health of our rivers. It is not just water companies; it is agriculture and the connections we all make from our sewers and septic tanks that are causing problems for our rivers. So she is absolutely right: we need to ensure that we are tackling those things, and it is right that the water companies are recognising that. Those four companies should be applauded for doing it, but we want to see much more investment from them, and that is what the Government are driving.

Land Use Commission

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 22nd May 2023 Lords Chamber

[Lord Benyon (Con)]

The right reverend Prelate raises a crucial point. We talk about farmers and land managers, but those descriptions are too simple and generic, because we have owner-occupiers, registered tenants under the 1986 Act, graziers and farm business tenancies; it is an incredibly complex system of tenure. We are considering the Rock report and will respond to it.

Of course, the Church is a very big landowner. We want to make sure that it works alongside a great many other landowners, both large and small, to tackle these important issues, including feeding the population; tackling net zero; reversing declines in species; building homes; and providing space for people—all on a single piece of real estate. This is a complicated process, but it is one that we are determined to tackle.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, as a member of the land use committee, I know just how many detailed evidence sessions and discussion there were on the proposals for a land use commission. As the noble Lord, Lord Cameron, indicated, the proposed commission is to cover all aspects of land use and more than one government department, not just Defra. However, there has been no indication of when this report will be allocated time for a debate in this Chamber. Can the Minister please put in a good word for it to be expedited before the Summer Recess?

[Lord Benyon (Con)]

I would love to spend hours talking about this issue; it is one of endless fascination. I have the zeal of the convert on this because I was always sceptical about what I felt was a very top-down process but, having read the report, I now see the need for it. That is why we are tackling the issue in a meaningful way right across government; if we can find time for a debate on the report, I am certain that I will be dragged in to give the Government’s view.

Water Companies: Licences

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 24th April 2023 Lords Chamber

[Baroness Bakewell of Hardington Mandeville]

To ask His Majesty’s Government what assessment they have made of the announcement by Ofwat on 20 March of a change to the licences of water companies requiring that dividend payments are linked to performance.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, we support Ofwat’s new measures, which were made possible by new licence modification powers that this Government gave to Ofwat via the Environment Act 2021. The measures strengthen the existing dividend licence conditions so that Ofwat can take enforcement action against water companies that do not make an explicit link between dividend payments and their performance for customers and the environment.

[Baroness Bakewell of Hardington Mandeville (LD)]

I thank the Minister for his response. Since I tabled this Question, the Government have published their plan for delivering clean and plentiful water, which is to be welcomed and offers much hope. However, river pollution has blocked the development of 20,000 much-needed new homes, and more than 7,500 days’ worth of raw sewage has been dumped in various Ministers’ constituencies. Does the Minister believe that withholding dividend payments to water company executives and shareholders will really contribute to making the difference needed to improve long-term water quality? Surely something more robust is needed.

[Lord Benyon (Con)]

My Lords, that is just part of a great many things that the Government are doing. The new power that the Environment Agency has to link the companies’ licences to ring-fence provision on infrastructure spending is important. This comes as part of a plan that includes the Environment Act, as I said earlier; the Storm Overflows Discharge Reduction Plan; a strategic policy statement for Ofwat, in which the Government required very stringent new standards; and our recently published plan for water. No Government are doing more to tackle this issue.

Oil Spill: Poole Harbour

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 29th March 2023 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, television has shown us the extent of this spill; the oil has clearly mixed with the water in the bay. Two hundred barrels were released, allegedly containing only 20% oil, yet seabirds are being covered in it. This is not the first time such an instance has occurred. The plant is 50 years old. This is an SSSI, a Ramsar site and a European marine site, and the licence for the plant has another 15 years to run. Does the Minister agree that this is not the right environment for such a polluting activity to take place, affecting not only the environment but the bathing water status of Poole harbour?

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

I thank the noble Baroness for her point, and I agree with her that this is a very serious and worrying spill; I hope it has been contained. A lot of work has been done by a lot of agencies, including the marine coastal agency, the Environment Agency, Natural England, the Food Standards Agency—regarding the shellfish produced in Poole harbour—and the local IFCA. The Dorset Local Resilience Forum has also done noble work in galvanising lots of different agencies to resolve this.

I am not aware of the legislation governing Poole Harbour, but, as the noble Baroness, Lady Bakewell, points out, there are overlaying environmental designations; it is a very special area indeed. There is also an enormous amount of human activity, not least that associated with the tourist income for the local area. We want to make sure that we are not only containing this but finding out what caused it and doing everything we can to make sure it does not happen again. The recovery operation has sealed the pipe. It will be replaced and we will monitor the company doing that, which owns this very large facility, and make sure that the polluter is responsible for the damage caused.

The noble Baroness, Lady Bakewell, is absolutely right: about 80% of the 200 barrels of pollutant that was released was water. As of this morning, some 20 birds have been found to be affected. It is not known at this stage whether they will recover or will require further treatment, but I very much hope that we have contained the situation.

Food Price Inflation

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Thursday 23rd March 2023 Lords Chamber

[Lord Benyon (Con)]

I can assure the noble Baroness that the Secretary of State is deeply involved in this issue. The Food Minister, Mark Spencer, took this Urgent Question, which is right, as he is the Minister responsible for food supply, food security and other related issues. The noble Baroness is absolutely right that this matter affects a number of different departments right across government, and the Prime Minister and the Chancellor of the Exchequer have also been deeply involved in this. I do not know precisely what meetings the Secretary of State has had on this issue, but I will be happy to write to the noble Baroness with details of discussions she has had. I can certainly say from my own experience that the Secretary of State is very involved in this issue.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the noble Lord for repeating the Statement. Some £37 billion has gone to support households with the cost of living but there is no detail as to eligibility. Can the Minister say how this money is being distributed? I welcome the Government’s intention to permanently extend free school meals eligibility to children from all families with no recourse to public funds. Can the Minister say whether this means that free school meals will be available to all those who are eligible during the school holidays? As the Statement says, the price of milk, cheese and eggs has risen by 30.8%. Can the Minister say whether any of the £37 billion support is reaching the farmers who produce our milk, cheese and eggs?

Imported Beef

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 22nd March 2023 Lords Chamber

[Lord Benyon (Con)]

My noble friend is absolutely right that there are some different standards in the EU, and we have worked as members of the EU and will continue to work with the EU and other countries through the World Organisation for Animal Health and the World Trade Organization to create greater and higher standards of animal welfare that more reflect what we have here so that there is a much more even playing field in trade across the world.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the Government appear very keen to do trade deals with Canada and Mexico, against the advice of the Climate Change Committee, which felt that such deals would compromise UK carbon targets, allowing imported meat with a higher carbon footprint than our own. Why are the Government not prepared to take measures to achieve the UK’s carbon targets? Perhaps they feel they are unimportant.

[Lord Benyon (Con)]

I can assure the noble Baroness that we do not. The Climate Change Committee has gone through each department. I am responsible in Defra for making sure that we satisfy the Climate Change Committee’s demands, which are extremely challenging and testing. We have a commitment to get to net zero by 2050. British farming, under the leadership of the NFU, has committed to getting to net zero by 2040, and I can tell her that, as a farmer, that is an extremely challenging thing to do, but we as a Government and the leadership of farming are working together to help farmers try to achieve that. It is a vital priority that we decarbonise, and we understand that there is prosperity in doing so.

Water Companies: Water Pollution

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 1st March 2023 Lords Chamber

[Lord Benyon (Con)]

I am not an aquatic scientist but I can tell my noble friend that the problem in the Wye is principally due to phosphates coming from the poultry industry, which has boomed in that area and for which no adequate planning provision was made to prevent the leakage of effluent. The Environment Agency and other parts of Defra are making sure that we are correcting that. I hope that we will prevent what is happening, which is an absolute tragedy. For large parts of the year, large sections of one of the great rivers of this country are nearly ecologically dead. We want to reverse that.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, there has been considerable media interest in the pollution of bathing waters, inland rivers and waterways as a result of the release of sewage overflows. Nearly every week, the Minister is called here to answer questions on this issue. Given that warmer weather is approaching, can he say how the Government will protect the health of the children and adults who will be exposed to this fetid and polluted water?

[Lord Benyon (Con)]

We rightly beat ourselves up about this but it is worth stating that our bathing waters are in their best state ever. Last year, 93% of them were classified as “good” or “excellent”. The number of serious sewage incidents has fallen from 500 a year in the 1990s to 62 in 2021, although that number is still 62 too many. What is called wild swimming—what my mother used to call swimming—is becoming a great national sport and activity. We want to connect more people with nature; that is a wonderful way of doing it. Making sure that our rivers are clean is vital.

Environmental Improvement Plan 2023

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 6th February 2023 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the nine actions listed in the Government’s statement of achievements and implementations in the first 100 days of this Government appear to be impressive on paper, but a little digging into the reality reveals a very different picture. Much is made of the ban on single-use plastics from October 2023. Two years have passed since the statutory instrument to bring this into effect was agreed in this Chamber. At the time, those of us involved in the debate pressed for a much earlier implementation date but were unsuccessful. Even now, with so much notice, industry is complaining about the cost. It was widely publicised at the time, so there was plenty of time to plan and even to implement before the cut-off date this year. However, I welcome the Government’s co-operation in persuading other countries to agree a new legally binding global treaty to end plastic pollution by 2040. Does this apply to all plastic in consumer items only, or will it include plastics used in manufacturing industries as well?

I read with interest the environmental principles policy statement when it was first released, but I fear I found the principles underwhelming in the extreme. If government departments choose to ignore them, there appears to be absolutely no redress to bring them into line to consider and protect our dwindling biodiversity. How will Defra ensure that all government departments fully embrace the environmental principles?

Of course, it is important that children and adults have access to green spaces and coastal areas for leisure activities. I look forward to the implementation plan for ensuring that everyone in the country can be within 15 minutes’ walking distance of blue or green spaces for relaxation and enjoyment. How will this be achieved? What is the exact timeframe for the delivery? In what form are the Government engaging with landowners, local authorities and other agencies to ensure that this happens in the most built-up areas?

I turn to the thorny issue of fly-tipping. I see from the Statement that the intention is to ask local authorities to deal with the problem. During the passage of the Agriculture Act, the debate demonstrated across the Chamber that fly-tipping on agricultural land costs the farming community dearly. Affected farms have to pay to clear up the waste tipped, regardless of what it is—garden waste, retail and industrial waste, building waste—costing farmers thousands of pounds. However, the then Minister rejected the suggestion that CCTV on farms would be extremely helpful, despite much of the support for CCTV coming from his own Benches. Can the Minister say when the Government will publish what they intend to do to tackle that scourge and what they consider to be best practice?

I turn briefly to the Illegal Wildlife Trade Challenge Fund. The Statement indicates that £39 million has been invested in the project. Can the Minister say exactly when the £39 million was released and how much of it has been allocated so far? Does the fund have a time limit for applications? As the fund is focused on the illegal trade in wildlife, can the Minister also say whether any of that money is allocated to tackling and imposing heavy sanctions on the importation of ivory? It is illegal to import ivory products into this country, but that has not made a significant difference to the African elephant. Can the Minister please give an update on the effect of the Ivory Act?

I agree with the Statement from the Minister in the other place that Defra will have to work across the whole of government, Natural England, the Environment Agency, the Animal and Plant Health Agency, communities and businesses to achieve the measures set out in the Statement. Given the huge loss in biodiversity and the levels of plastic and chemical pollution in our landscapes, coastal areas and waterways, does the Minister believe that this is achievable in a realistic timeframe?

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I declare my farming interests as set out in the register. I am very grateful to the two noble Baronesses for their questions on the environmental improvement plan. As they know, it was published last Tuesday 31 January and sets out the action we are taking to implement the 25-year environment plan, leading on from the work your Lordships did in this House to make that ground-breaking legislation law. Each chapter of the EIP describes the progress we have made in realising the 10 goals of the 25-year environment plan. It also sets out our plans to continue to deliver those goals and to achieve legally binding targets that support them.

Our most critical goal is to achieve thriving plants and wildlife by halting the decline of nature by the end of this decade. The noble Baroness, Lady Bakewell of Hardington Mandeville, rightly asked whether there is any real prospect of achieving that, and we think that it is achievable. It is difficult, but we can achieve it if we work really hard. We said that we will create and restore habitats the size of Dorset, we will invest more than £750 million in tree planting and peatland restoration, and we will protect 30% of our land and sea for nature by 2030. The EIP sets out how we will achieve clean air by cutting emissions from domestic burning appliances and by reducing ammonia emissions through farming incentives and investments in slurry storage. Our goal of clean and plentiful water is vital for a healthy natural environment, and we will deliver that by upgrading 160 wastewater treatment plants by 2027 and promoting sustainable agriculture, restoring 400 miles of rivers and reducing water company leakages by 50% by 2050.

Addressing one of the points raised by the noble Baroness, Lady Hayman of Ullock, we will continue to manage exposure to chemicals and pesticides. We will develop a chemical strategy and prioritise the sustainable use of chemicals through UK REACH legislation. We will achieve the goal of minimising waste by implementing the extended producer responsibility, introducing a deposit return scheme for plastic and metal drinks containers, and banning single-use plastics; similar schemes have been extremely successful in other countries. The EIP sets out how we will achieve the goal of using natural resources more sustainably and efficiently by growing the long-term UK timber supply, bringing 40% of our soils into sustainable management by 2028, and tackling illegal deforestation in our supply chains.

In delivering our goal to mitigate and adapt to climate change, we recognise the two-way relationship between climate and nature, and we will prioritise the use of nature-based solutions. This embeds changes that were made at COP 26, and underpinned at COP 27 and CBD 15 in Montreal just before Christmas, which have hard-wired nature into the whole climate piece. It is absolutely vital that we reflect that in the United Kingdom as much as we are globally.

This approach is at the forefront of our goal to reduce the risk of harm from environmental hazards by investing in flood defences, rewarding our farmers for actions to reduce the risk of floods, droughts and wildfires. To restore our biodiversity, we will continue to deliver the goal of enhanced biosecurity. We will implement the five-year action plan of the 2023 Plant Biosecurity Strategy for Great Britain and seize the opportunity of Brexit to tailor our border import controls with a new risk-based target operating model.

Our final goal, woven through all the others, is to enhance the beauty and heritage of, and engagement with, the natural environment. The key point that everyone should live within 15 minutes of green or blue space is really important to Ministers. To address the point made by the noble Baroness, an enormous amount of data is held by Natural England and others. We are using it to identify the communities that are most economically challenged with the highest levels of deprivation, which are often the hardest ones to connect to nature. There are good examples right across the country of how that is being achieved, and we want to see that rolled out nationally.

To address the other points that have been made, I think the targets are achievable. I entirely agree with my colleague in the other place, Philip Dunne, that they must be met and that nature underpins everything right across government, be it the NHS, our defence forces, how we educate our children, heal our sick or support our vulnerable. Nature is at the heart of it, whether in the provision of drugs, through the health and well-being that can be created, how we can divert people away from our health service—nature is the deliverer of that. If we are not supporting nature, nothing else fits in.

The Secretary of State is determined on delivery. We spend a lot of time holding ourselves to account, but also those delivery agencies that we need to work properly to make sure that this plan is delivered. The noble Baroness is absolutely right that this is not a matter only for Defra; it is a matter for all aspects of government, including local government. We are putting huge burdens on a variety of different agencies, professions and individuals to make sure that this is successful, and we are determined to work with them to make sure that that is achievable.

On environmental land management schemes, we have ring-fenced the £2.4 billion a year that goes into supporting farmers in England, and that is a commitment up to the end of this Parliament. Of course, parties will be discussing among themselves how we take that forward, but every major economy in the world supports agriculture in different ways. What we have done in recent decades has caused huge problems for our environment and for the well-being of precisely those businesses we want to see flourish. Now there is an opportunity to pivot and to make sure that we are supporting farmers who are doing the right things for the environment—investing in soils and in the natural capital for which they are responsible, and which will underpin the long-term benefit of their businesses.

The noble Baroness asked about soils. This is absolutely fundamental to turning round our environment so that we can reverse the decline of species by 2030 and increase the potential of the farmed environment. So yes, tied into the targets is improving and protecting soil health. It is a key part of this document. By 2028, we will bring at least 40% of England’s agricultural soil into sustainable management through our new farming schemes, increasing this to 60% by 2030. We will do this in a variety of ways, which I probably do not have time to go through today. However, I am happy to take the noble Baroness through it, along with my noble friend the Earl of Caithness, who is rightly concerned about this.

I will make just one further point to the noble Baroness: there is no way we could achieve what we have tied into law, and into our targets through the Environment Act, if we were to somehow, as has been suggested, be about to trash our environmental protections. We cannot do it. It is absolutely vital that we use the sensible ones that are relevant to our natural environment, that we can discard ones that have nothing to do with these islands at all, and that we can work with people to do that. I implore the noble Baroness to join me, if she wants to, in the process part, but it is the outcomes that matter, and the outcomes are set out very clearly in this document. We have to achieve them, and we will not do that by somehow getting rid, as has been suggested, of all these protections.

On the key point to the noble Baroness made on fly tipping, I would add litter. I live the distance away from a McDonald’s drive-thru that it takes to eat a McDonald’s drive-thru, and what people then do with the rest of their McDonald’s drive-thru causes me to fulminate in a way that alarms those around me. I think the state of some of our highways and roads is absolutely disgraceful. We can talk about government and their responsibility for this, but we still have to talk about a culture, where people have so little regard for the natural environment and where they seem to have lost a sense of place, that allows this to happen.

We have given powers; powers are available to local authorities to deal with this. We want to make sure that they are using them, that we are encouraging people not to throw litter and that we are able to support those authorities that need to clear it up. Yes, CCTV is absolutely available. The Environment Agency has the means to record what is happening at key hotspots and it has taken forward prosecutions; but we, as Ministers in Defra, really want to get behind those efforts of society and those who share our views that the state of some of our countryside through litter is unacceptable.

On the illegal wildlife trade, the Ivory Act is an exemplary piece of legislation. It became law in all its measures relatively recently, and of course we are not a range state. We have to accept that we can only do our bit to stop the importation of ivory, but we are putting huge resources into assisting range-state countries to make sure they have the means to prevent poaching—with some success, I have to say. I agree with the noble Baronesses that it does require a whole-government approach to implement these targets, and that determination exists very clearly within Defra.

Genetic Technology (Precision Breeding) Bill

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

3rd reading
Wednesday 1st February 2023 Lords Chamber

[Lord Benyon (Con)]

It is my privilege to move the Third Reading of the Genetic Technology (Precision Breeding) Bill in this House today. As we have discussed in debate, it is essential that we forge ahead with the Bill now to help address the many challenges we are facing across our food system and environment.

During the Bill’s passage through the other place, we saw record-breaking heat and drought and now, as it nears the end of its journey, we are managing the impacts of winter flooding. Precision-breeding technology is one of the tools we can use to develop plants that are more productive, more resilient to extreme weather, and less reliant on fertilisers and pesticides. This technology will help support our farmers to grow and harvest better, improve the health and welfare of animals, and provide healthier and more nutritious foods for consumers.

We have some of the best scientists and research institutes in the world, and we want to encourage this exciting research and translate it into tangible benefits. I recently had the pleasure of visiting Professor Jane Langdale at the University of Oxford, where I learned about her cutting-edge work developing high-yielding rice varieties for smallholder farmers. I heard how you can precision breed drought-resistant varieties. That is exactly the kind of work we want to see. I know that this is happening across the country, including at the John Innes Centre at Rothamsted, the Roslin Institute and many more places. I left Oxford with the warm glow—no doubt some noble Lords might feel that it was naive but I felt it was genuine—one gets from the belief that we have actually done something good here, which will benefit people in not just this country but abroad.

By introducing a more proportionate and science-based regulatory framework, we want to encourage innovation and enable new breeds of plants and animals to be released for field trials and brought to market more easily. We want to encourage this innovation responsibly. Following the Bill’s passage, we will continue to work with experts and other stakeholders to develop measures to safeguard animal welfare before we bring the measures in the Bill into force in relation to animals.

I thank all those who have supported the Bill and those who put it through its paces to ensure it will deliver on its vision of proportionate and safe regulation of precision-breeding technologies. The specialist expertise that the noble Lords, Lord Krebs, Lord Trees, Lord Winston and Lord Cameron of Dillington, have brought to the debates has been invaluable. As we are all aware, this is a scientific policy area with which some of us do not always feel at ease. It was a truly extraordinary experience to hear the level of understanding and knowledge in some of the exchanges. I really thank many noble Lords for their wisdom and for ensuring the appropriate direction of debates.

I also thank noble Lords on the Front Benches for their invaluable contributions. The noble Baroness, Lady Hayman of Ullock, has led well-considered scrutiny, and I thank her for her debate on this legislation. The noble Baroness, Lady Bakewell of Hardington Mandeville, has provided extensive input to these debates, for which I am grateful. I thank other noble Lords from all sides of the House for their interest and engagement, which has undoubtedly improved the Bill. I know that we had some arguments and that not everyone will have been happy with precisely where we ended up, but it was an enormously beneficial experience to have the debates that we did.

Finally, I want to thank the Bill team, who were led by Fiona White, Emily Bowen, Elizabeth Bates and Elena Kimber, and the Bill policy team, parliamentary counsel and the Food Standards Agency, which worked so hard on the Bill. I thank noble Lords for their support and input into these important debates. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I realise that the Chamber is filling up and getting ready for the next debate, which is very important, but I would like to thank the noble Lord, Lord Benyon, for his good humour, patience and flexibility during the passage of the Bill. I also thank the Bill team for their help in answering our queries, along with the noble Baronesses, Lady Hayman of Ullock and Lady Jones of Whitchurch, and all those on the Labour Benches, including the noble Lord, Lord Winston, who made a very valuable contribution to the Bill.

As the Minister has said, the expertise of the noble Lords, Lord Krebs, Lord Trees and Lord Cameron of Dillington, was absolutely invaluable. I really enjoyed the exchanges across the Chamber on this very technical Bill. I cannot sit down without mentioning the noble Baroness, Lady Bennett of Manor Castle, who also brought a great deal of expertise to it. My noble friend Lady Parminter supported me brilliantly; we could not have got where we are without her, so I thank her for that.

There were excellent cross-party debates and we reached a reasonable conclusion. We did not get everything that we wanted but we got a satisfactory result and I thank the Minister for that.

[Lord Benyon (Con)]

In adding to the noble Baroness’s thanks to noble Lords, I forgot to mention my noble friend Lord Harlech, without whom chaos would have ensued.

Pollution: Rivers and Beaches

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 30th January 2023 Lords Chamber

[Lord Benyon (Con)]

We have announced our targets in the provisions of the Environment Act—some of those are for 2035, and some are for 2038—and we will review them in 2027 to see how they are going. There are others that are more long term. There was an unfortunate mistake in a regret amendment last week, in which it was claimed, somehow, that we are pushing this out to 2063. What is absolutely true is that we are sticking to the requirements of the water framework directive, as we did when we were in the EU. We are emboldening that with other provisions, such as the ones in the amendments to the Levelling-up and Regeneration Bill. So, there is a degree of urgency because we want these matters to be dealt with as quickly as possible. I urge the noble Lord not to listen to what was claimed in the regret amendment last week.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, Southern Water is a persistent offender and has been fined in the past for discharging sewage into coastal seas and waterways. Despite this, there has been no change in its working practices. People are suffering stomach upsets and ear infections—the noble Duke, the Duke of Wellington, has referred to this. As heavy fines appear to make no difference, ahead of summer, does the Minister believe that the measures he has mentioned today will make a real difference to the quality of water around our coasts and keep our children and swimmers safe?

[Lord Benyon (Con)]

The measures we are bringing in can lead to fines of up to 10% of water companies’ turnover, and the inflicting of fines of over £100 million on a single water company. This will see a real drive towards raising standards across the piece, and not just in the area of enforcement. We have more enforcement officers in the Environment Agency to take up any complaints people have about water quality, but we are also making sure that we tie this in holistically. For example, our requirement that water companies get to net zero means no longer allowing sludge to be improperly applied to the land, and looking at such areas as a resource, rather than something that, ultimately, can pollute. We are working holistically across the water sector to improve the situation.

Avian Influenza: Game Birds

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 18th January 2023 Lords Chamber

[Lord Benyon (Con)]

My noble friend is right to raise this point. My department will make decisions on the basis of evidence. We will not be swayed by those who say we should allow activities like shooting regardless of the risks or by those who use this tragic outbreak as a hook on which to limit shooting or even ban it. We will make evidence-based decisions. However, we better make sure we are thinking of the counterfactuals as well, such as £2 billion of investment to some of the most remote parts of the country and 74,000 jobs. These are factors we also have to consider. If a shoot no longer exists, there will be no predation control, and cover crops being planted and other activities which are of massive benefit to wildlife in this country will no longer take place. That needs to be remembered.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, once game birds have been released, they are classed as wild birds for bird flu purposes. The person who releases the game birds is no longer their keeper. Currently, game birds may not be released into the wild if in a disease control zone or an avian influenza prevention zone with housing measures. Does the Minister think these provisions are sufficient?

[Lord Benyon (Con)]

We constantly monitor that, and we understand that people will want to make decisions about the release of game birds later in the summer. We want to ensure that we are providing them with information so that they know whether to invest or not. This is a very worrying time for the industry, and we want to try to support it. People in the industry will not be able to move birds from one area to another if one of those is a protection zone. That must be the case, because we cannot allow anything that would put at risk the spread of this disease. Our information about many of those activities is that the vast majority of outbreaks in wild birds, particularly shore birds, happened before the pheasant releases last summer—that needs to be considered as well.

Traffic-related Air Pollution

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 21st December 2022 Lords Chamber

[Lord Benyon (Con)]

We are planning to publish a revised national air quality strategy early next year, the key focus of which will be identifying and addressing air pollution disparities, as I have just referred to. We could not do that without working very closely with the Department of Health and Social Care. Addressing air quality-related health disparities will be absolutely key for our levelling-up ambitions, so it is not just an issue for Defra and the department of health but a cross-government initiative.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the environment targets were published last Friday. The pollution target for PM2.5 of 10 micrograms per cubic metre by 2040 is underwhelming. The World Health Organization guideline for PM2.5 is to reach that target by 2030. The CBI estimates that following the World Health Organization’s guidelines could deliver an annual economic boost of £1.6 billion per annum by reducing deaths and sickness absences caused by air pollution. Why are the Government dragging their feet on that matter?

[Lord Benyon (Con)]

My Lords, the Government are not dragging their feet; it is an absolute priority, as the noble Baroness will see when we publish our environmental improvement plan. On the point about World Health Organization guidelines, we have taken significant steps to improve air quality since it originally raised concerns. It said that our 2019 clean air strategy was an example for the rest of the world to follow, so we are heading in the right direction.

Genetic Technology (Precision Breeding) Bill

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Committee stage
Monday 12th December 2022 Lords Chamber

[Lord Benyon (Con)]

I take the noble Lord’s points. We have to make it clear that we will not allow organisms to come on to the market that would somehow make it harder for us to adapt. There are so many benefits that we can introduce to tackle things such as drought and other issues that plague farmers. We have climate change affecting farmers here and now in this country. It is not something that is happening in Pacific countries alone; it is in our country, and we need to give farmers the tools to deal with it.

On the noble Lord’s other point, as the noble Lord, Lord Krebs, said earlier, irradiation—if I have got the word right—is an established part of plant breeding today. He is right. I can see an overlap in this, but I will write to him and make sure that we give him the facts that he needs. With that, I hope that we can progress.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, although I thank the Minister for his response, I am obviously somewhat disappointed by it. I understand the desire of the noble Lord, Lord Cameron, to speed up the process, but I fail to understand how consulting with the EU would affect that. It certainly would delay it a little bit, but not by the years and years that the noble Lord indicated. I believe that a Bill introducing a process which alters the genome of crops and animals ought to have a review every five years. I accept that the Minister feels that there are sufficient reviews in place—I just do not necessarily agree with him.

The Minister spoke about a consultation that took place—he did not say exactly when it was, but I think it might have been last year—and said that 80% of those consulted said that the EU definition of precision engineering was not adequate, and that the end product, rather than the process, was more important. The Minister can write to me, given the hour, but I would like to know who was consulted—who were these 80% of people who said that the EU’s process was not fit for purpose? The Minister also said that the UK’s regulations mirrored the EU’s regulations and monitors; that conflicts with this figure of 80% saying that they were not fit for purpose. For me, it is smaller businesses that benefit most from trade with the EU rather than with Argentina, although I accept that some will trade with the latter.

Restriction of Hazardous Substances in Electrical and Electronic Equipment (Exemptions) (Fees) Regulations 2022

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Tuesday 6th December 2022 Grand Committee

[Lord Benyon (Con)]

I thank noble Lords for their valuable contributions to this debate. I will address the points that have been made.

The noble Baroness, Lady Bakewell, asked why the fee is being introduced when so many respondents to the consultation did not support it—a point made by both other speakers as well. If I am in business and not facing a cost that is being picked up by somebody else, and I am asked whether I would like to pick it up, I am likely to say no. I am not surprised that they did not want to do this, but there are two reasons for doing it. One is to relieve the poor, overburdened taxpayer from picking up the cost of this. The second is to drive behaviour change and to drive companies to look at the alternatives where possible; I will come on to talk about that. I assure the noble Baroness that introducing the fee is entirely consistent with the Government’s Managing Public Money principles and is based strictly on a cost-recovery basis. It is also worth noting that charging is common practice in circumstances in which industry is required to apply for registrations, authorisations and licensing to comply with regulatory requirements.

Existing guidance on how to submit an application for an exemption is available on GOV.UK and will be updated to reflect the requirement to pay an application fee well in advance of the April 2023 date when the fee will be introduced. I assure the Committee that in granting exemption applications, the Government are not acting to constrain the development of alternative, less harmful substances. A fundamental requirement in considering an exemption is to do a detailed technical appraisal of substitute substances. In circumstances where an application is granted, it will be done for a time-limited period only.

I will address some of the other points. A short consultation was required to ensure that this statutory instrument could be laid using powers that expire at the end of this year, using the EU withdrawal Act. While it was short, key stakeholders were contacted and encouraged to respond. I suspect the noble Baroness and I were on the same side in the referendum, but I can assure her that this gives more accountability for the decisions that are taken. When I was last at Defra, this would just have been rubber-stamped. It would come have from the Commission and we would have had no say over it. At least we can now drive standards and do things in the right way. I hope that responds to the first and second points made by my noble friend Lady McIntosh.

The points raised by the Secondary Legislation Scrutiny Committee are important, but I reiterate that there is no loophole. Products placed on the Northern Ireland market must comply with the EU ROHS and EU exemptions. Unfettered access means that such products can then move freely into Great Britain. They are not required to submit a GB exemption application, so there can be no loophole in avoiding paying the necessary application fee. I hope that satisfies the Committee’s concerns.

Points were made about the REUL Bill. Ministerial colleagues and I are in the process of analysing Defra’s REUL stock and determining what should be preserved as part of domestic law, as well as REUL that should be repealed or amended. This work will determine how we use the powers in the Bill and, therefore, inform assessments of the Bill’s impact.

It is important that we consider whether recognition of exemptions in other jurisdictions with similar ROHS regulations to ours could work. There is no guarantee that we will proceed even after that assessment, but any proposal to proceed will be subject to consultation. It is therefore sensible to proceed now on the basis that no alternative to the current arrangements will be in place.

A number of people asked questions about the fees. The fee will be £39,721, as I said. This is made up of the technical consultant’s fee of £36,625 plus £3,096, which covers the cost of other administrative tasks such as publishing the consultation. The fee will be payable from April 2023. Exemptions last up to five years, or seven years for medical devices such as those mentioned by the noble Baroness. Exemptions are granted to products rather than to the applicant. This reduces the impact on business because, very often, the applications are made by trade bodies and huge multinational companies for which this figure is loose change down the back of the sofa. For an SME it would be a substantial cost, but that cost is very likely to be picked up by a whole range of different SMEs operating together through a trade body.

Since January 2021 we have received two applications for exemptions for Great Britain.

[Baroness Bakewell of Hardington Mandeville (LD)]

I am sorry to interrupt the Minister. Is he saying that if, for instance, an MRI scanner received an exemption certificate, it would not matter who manufactured it and it would have the same exemption certificate?

[Lord Benyon (Con)]

The exemption is on the product, not the applicant, so yes. Some of these would be multinational companies based overseas wanting to export their products here. They would have to get this to do so.

I think that addresses the main concern of the noble Baroness, Lady Hayman. Trade bodies will be the vast majority of the applicants, not businesses. It is crucial that we drive behaviour change where it can be achieved. The application process requires the applicant to have looked at alternatives before securing an exemption.

The noble Baroness, Lady Hayman, asked for examples of recent exemption decisions. Lead in solders in portable emergency defibrillators is one. Mercury in components of intravascular ultrasound imaging systems and lead in hexavalent chromium used for civil explosives in mining and quarrying are other examples of where this requirement will be used.

The Secretary of State could grant exemptions without the need for an application if the sale of essential equipment were jeopardised because of the non-payment of a fee. For example, if the supply of essential equipment was required for the health sector and was jeopardised because of the requirement to have an application, the Secretary of State could overrule it and give that exemption. I think that gives a lot of assurance to people who feel that, for example, our NHS could lose out on getting a vital piece of equipment.

The final question, quite rightly put, was whether this drives business away from the UK. It is normal for businesses to be charged fees for registrations and applications if necessary. As I say, it is important to note that the fees apply to the product, not to individual businesses. There is a track record of businesses working together to submit applications.

Sustainable Farming Incentive Grants

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 5th December 2022 Lords Chamber

[Lord Benyon (Con)]

Countryside Stewardship is already an established agri-environmental scheme. Many farmers are used to it. Roughly half the farmers in England are in some type of scheme, either the high level or another tier. As those schemes come to an end, they will be able to transfer into the mid tier, local nature recovery or whatever it is called at that time—it is Countryside Stewardship-plus. What is really important is that there will be a seamless continuity. Within that scheme they will be able to do similar sorts of things to what they are already doing in Countryside Stewardship.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the rollout of the SFI is extremely slow and, according to the NFU, only 849 farmers have so far joined the scheme—a fraction of the 5,500 that Defra suggested could apply. At the same time, the basic farm payments are decreasing year on year, having no regard for the extremely slow rollout of the ELMS replacement. Can the Minister say how the Government plan to support farmers now—not in two years—at a time when feed and fertiliser prices are rocketing, coupled with increased energy costs?

[Lord Benyon (Con)]

We are helping farmers with the latter point. First, the noble Baroness’s figure was not right; the number of farmers in the scheme is roughly double what she said. Secondly, we are helping farmers through bringing forward half their basic payment, which was an annual payment, to last July. We are doing a number of different things on energy. We are trying to support businesses, not just in farming but right across the board, with the spikes in energy costs. We are also rolling this out in a way that allows farmers to contribute to how the scheme is run. It is an iterative process. We have changed the schemes, working with people. There is a determination to see 70% of farmers operating within the sustainable farming incentive, the entry-level scheme, and many more in other tiers as time goes by. So I hope the noble Baroness will agree that this is the right way forward as we move away from the very unfair, anti-farmer, anti-small farmer basic payments scheme.

Avian Flu

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 16th November 2022 Lords Chamber

[Lord Benyon (Con)]

I do agree. On Monday we will debate the Second Reading of the precision breeding Bill. It will take a number of years for the measures in that Bill to become effective, but it will undoubtedly have an impact on this kind of disease, to which we will be able to improve resistance in plant and animal species.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, some strains of avian flu are transmissible to humans. Some are very mild but others are more aggressive. Of 868 cases of human infection recorded between 2003 and October 2022, more than half—456—resulted in death. The traditional flu season is approaching. Those with flu-like symptoms tend to self-isolate and not visit the GP. How will the Government accurately assess the level of avian flu among humans in the UK and record the number of resulting deaths?

[Lord Benyon (Con)]

The medical advice we have received is that although this is a zoonosis and can therefore be transferred from birds to humans, the risk is low. There was one case in the UK last year, in an elderly gentleman who recovered. We give clear guidance on how to work with birds, whether in a domestic fowl setting or in picking up carcasses of birds that have died of avian influenza. There is very clear guidance on this and members of the public should be wary of getting into close association with sick birds.

Sewage Discharges

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 14th November 2022 Lords Chamber

[Lord Benyon (Con)]

My noble friend makes a good point. The recent outflow at St Agnes in Cornwall, which rightly had a lot of publicity, lasted for 10 minutes, and there may have been some sewage in it. After 12 hours of rain, the vast majority was probably soil run-off from farms and run-off from roads. We are bringing in measures to continue to improve farming policy and soil management, and we are putting a lot of resources into this. But she is absolutely right that highways authorities and others have responsibilities to make sure that we look at this holistically, not just in one particular sector.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, despite heavy fines, water companies carry on discharging sewage into our waterways. Communities affected by this practice are at their wits’ end. There is a danger to aquatic wildlife and children playing close to infected water. Fines do not appear to be a sufficient deterrent. I have heard the Minister’s reassurances, but surely the timeframe is far too long to solve this noxious problem.

Water Companies: Pollution

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 2nd November 2022 Lords Chamber

[Lord Benyon (Con)]

We have put more money into the Environment Agency and it has been recruiting more enforcement officers to do precisely that. We are also working with citizen science. I pay tribute to the Rivers Trust and others that are providing people to assist the Environment Agency in assessing the quality of river water.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, as someone who lives in an area which is likely to see a reduction in water bills due to penalties from Ofwat, I would prefer our rivers, waterways and seas to be sewage-free rather than to receive a small monetary handout. It appears that the threat of financial penalties is insufficient to encourage water companies to change their damaging environmental practices. Are the Government ready to propose more stringent means to ensure that water companies invest in infra- structure rather than directors’ bonuses?

[Lord Benyon (Con)]

We are seeing precisely that. There has been a £56 billion investment in infrastructure, the biggest investment in real terms that the industry has ever seen. Further to the question asked by the noble Duke, I can say that since 2015 the Environment Agency has brought 54 prosecutions against water companies, securing fines of almost £140 million. In 2022 the EA has already concluded six prosecutions, with fines of more than £2.4 million, so we are seeing not only more investment but more enforcement, and the Government will insist on an improvement in the releases of sewage into rivers.

Environmental Targets

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 31st October 2022 Lords Chamber

[Lord Benyon (Con)]

One reason why we will be publishing these targets later than we would have liked, and later than the Act required, is that we had over 180,000 responses to our consultation. It is important that we listen to those, because these targets affect people whose interests are not directly affected by Defra; they could be right across the whole gamut of what government does and how it regulates. It is important that we get this right.

I would hate for any noble Lord to believe that this is the one area of the Environment Act that really matters. It covers a whole range of other issues: storm overflows, our environmental principles, biodiversity net gain, waste, illegal deforestation, the establishment of the Office for Environmental Protection, and local nature recovery strategies. Work on all those are under way, and they were written into the Environment Act, which is what makes it such a world-beating piece of legislation that we want to see implemented.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the Minister will be getting used to answering questions on the targets, which should, legally, have flowed from the Environment Act by now. Yet here we are, on 31 October, and no targets are forthcoming. With COP 27 approaching, is there any point at all in the Government sending any representatives when they have so woefully fallen short in setting targets, never mind meeting any?

[Lord Benyon (Con)]

That would be an absolutely extraordinary thing to do. The United Kingdom is a global leader on the environment. We are one of the leaders of the High Ambition Coalition, which is seeking to get countries right across the world to fulfil really demanding targets to protect nature, which has suffered depletion of such staggering quantity in recent decades. It is absolutely right that we continue to do this. I can tell the noble Baroness that the United Kingdom is revered abroad for the leadership we took at Glasgow and the leadership we are taking in the CBD. To diminish what we are trying to do internationally is quite extraordinary.

Food: Imports and Security

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 24th October 2022 Lords Chamber

[Lord Benyon (Con)]

We are firmly supportive of the Institute for Agriculture and Horticulture that the noble Lord has been so instrumental in setting up and running. We want to make sure that we are improving the skills available and that those skills reflect how young people want to go into an industry now. They want portable qualifications that they can take into different areas of farming, agricultural production or the food industry. Improving skills is an absolute priority. We will not get the improvements in areas such as horticulture unless we improve the skills base. That is why we are determined to see organisations such as TIAH succeed.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the poorest 20% of the population spend a higher proportion of their income on food. This makes them vulnerable to the effects of changing food prices. They are the very people who need to eat a good-quality, balanced diet to maintain their health. Will the Minister undertake to lobby his colleagues in other departments to ensure that they are aware of the health effects of insufficient food and nutrition and to ensure that both benefits and free school meals are extended to cover the gap in rising food prices?

[Lord Benyon (Con)]

The noble Baroness is absolutely right that food inflation adversely affects those on the lowest incomes and she is right to raise the issue of healthy food for children. We have increased the value of our Healthy Start vouchers to £4.25 a week and spent around £600 million a year ensuring an additional 1.25 million infants enjoy a free, healthy and nutritious meal at lunchtime following the introduction of the universal infant free school meal policy of 2014. I am very happy to keep her and other noble Lords abreast of other conversations we have in the context of food and the work happening across government to help families deal with the cost of living crisis.

Nitrate-free Bacon and Ham

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Tuesday 18th October 2022 Lords Chamber

[Lord Benyon (Con)]

We want a good future for the pig industry, which has struggled for many years. As a Government we have stepped in where we can: we introduced more visas for butchers, private storage aid and the slaughter incentive payment scheme. Over 760 tonnes of pigmeat was put into the Government’s freezer storage plan, and this has ended, to the greatest extent, the backlog of pigmeat that was on farms.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, nitrates are found in many foods and can be harmless, but when used to cure bacon, which is then cooked and ingested, they can result in cancers. Nitrate-free bacon represents only about 10% of current sales. We do not need chemicals to produce delicious bacon. Why are the Government not encouraging other nitrate-free methods of production? Why would the public choose something that will harm them over a non-toxic alternative?

[Lord Benyon (Con)]

The public are informed about what is in their food by the labelling. Any nitrates or nitrites that are in food do appear on the label, so the public can make an informed choice. But I repeat what I said to the noble Baroness, Lady Ritchie, about the importance of getting a balanced view: there is not a clear scientific link between colorectal cancers and these additives. Of course, we must be mindful that these additives protect consumers from conditions such as clostridium botulinum, which, I repeat, can be fatal.

Household Waste Recycling

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Thursday 7th July 2022 Lords Chamber

[Lord Benyon (Con)]

The noble Baroness is right that rates dropped by about 1.5% over the pandemic, as I think I said. I am not sure whether there are any incinerators planned at the moment but I will take her point away because I agree with it.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the Government want to standardise household waste collection services throughout England, as the Minister said. Having moved from an area that collected—separated—nearly everything recyclable to one whose recyclable collection is pretty poor, I am frustrated to be told that I may have to wait two years for the collection to improve. Listening to the Government, however, I may have to wait 10 years for it to improve. Why are the Government dragging their feet?

[Lord Benyon (Con)]

As I said, we passed provisions in the Environment Act that give us new powers to improve consistency and introduce both a deposit return scheme and an extended producer responsibility for packaging. All these measures require working with industry; we are consulting, and have consulted, on them and will bring them forward. The producer packaging measures will be brought forward in 2024.

Food Security

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 13th June 2022 Lords Chamber

[Lord Benyon (Con)]

Yes, I agree with the right reverend Prelate that the wrong kind of trees planted in the wrong place under the wrong management style will be a loss for both the environment and the social element we want in our countryside. That is why there are very clear rules under the woodland carbon code which corporates would have to abide by, and why the Forestry Commission, if applying through grant aid schemes, will require standards to be maintained. For example, planting will not be permitted on deep peat; it will be concentrated on poor land.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is a nonsense to allow private companies to acquire vast hectares of arable land, often removing generations of farming families, in order to offset their carbon emissions and carry on with business as usual. British farmers are essential to the country’s ability to produce food. Does the Minister agree that importing food which is not produced to the same high animal welfare standards as we enjoy in the UK, to replace that which we might have grown ourselves, is a backwards step?

[Lord Benyon (Con)]

I suggest that we look at this as the glass half full: there are plenty of examples where private sector finance can be a massive boost towards the environment by working with farmers and seeing tree planting on poor-quality land, for example. Some 57% of agricultural produce is produced on 33% of agricultural land. This shows that, if we favour the productive land to produce food—every single farm has corners of it that can be planted with trees or for other ecological benefits—this will benefit the farmer and is in accordance with the food production targets and ambitions of this Government. It can work; we want to root out the bad behaviour which the noble Baroness rightly points out.

Farmers

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 8th June 2022 Lords Chamber

[Lord Benyon (Con)]

My Lords, I have already outlined one area in which we are helping. I am glad to say that the fertiliser production plants in this country that were either mothballed or operating at half-rate are producing again. We want to make sure that we are doing all we can to reflect the global issues here. The truth is that we are almost self-sufficient in wheat; we get very little from Ukraine and Russia. What is happening is a human tragedy in those countries, but it is also a tragedy in countries that depend on them for wheat. The perverse result is a very high spot price for wheat of £318.75 in November, which will be of huge benefit to farmers as they plan for future years. But we have to understand that the Ukraine crisis is causing global uncertainty, and Britain has to be a part of resolving that.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the removal of the CAP should be liberating, but only when farmers are sure that the replacement will not lead to drastically falling incomes, making food production uneconomic. The rush for carbon offsetting is leading to the sell-off of farms for tree plantations so that air travel can continue unhindered. Does the Minister agree that, if farmers feel it is more economic to sell off their land rather than continue to use it for agriculture, surely there is something wrong with how the Government are implementing the changeover?

[Lord Benyon (Con)]

The Government want more trees planted, but we want the right trees planted in the right way. Many of these plantings are under the headline of environmental social governance. To me and the Government, the “S” matters as well as the “E”. If an airline—the noble Baroness used this as an example—is buying land and kicking off the farmers, that may be quite “E” in terms of what they are planting, but it is not very “S”. That is why we are taking action to make sure that private sector investment in our natural environment is done properly, with the proper social underpinning.

Zoonoses Research Centre

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Tuesday 24th May 2022 Lords Chamber

[Lord Benyon (Con)]

There is a very large number of pets in Ukraine; it has one of the highest pets to human population percentages anywhere in the world. Rabies is an endemic disease there, but the good news is that over 95% of the many pets that have been brought with migrant families showed immunity to rabies when we applied the ELISA test, which indicates that they have been inoculated. We are trying to fast-track a means of quarantining them which is kind to the migrant but also protects our rabies-free status.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the GB Wildlife Disease Surveillance Partnership focuses on detecting known and emerging diseases in wild animals, such as rabies-like viruses in bats and bovine tuberculosis in badgers. When cases are confirmed, controlled methods can be implemented. There is a need to broaden this surveillance to pathogens found in wild and domestic species. There is currently no funding for non-notifiable pathogens in UK wildlife. Is it not time that the Government took a more holistic view to prevent future outbreaks and provided such funding?

[Lord Benyon (Con)]

We are providing funding for diseases that can come from wildlife. One of the worst ones to hit us in recent months and over the last two years has been avian influenza, which is brought by migrating birds. We are putting a huge amount of effort into learning the lessons from both last year’s and this year’s outbreaks to make sure that we are supporting the industry with as much biosecurity as possible to prevent future outbreaks.

Food Security: Climate Change and Biodiversity Loss

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Tuesday 17th May 2022 Lords Chamber

[Lord Benyon (Con)]

It is precisely those people who will be the greatest victims of climate change. In the short term we are working with the World Bank to lever the largest ever financial commitment, $170 billion, to support countries faced with economic hardship, both in the short term as a result of insecurity and the war in Ukraine and in the long term, working with international bodies to address these very problems for the most vulnerable people in our society.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, we are a trading nation and always have been. It is essential to ensure that harmful practices are not offshored, as environmentally degrading practices are making the biodiversity crisis we face worse. In turn, this makes growing crops on much of the planet harder. Can the Minister assure the House that the new trade Bill will not allow the import of goods produced to lower standards than ours? In the long run it would be utterly pointless and self-defeating for us and our allies to do so.

[Lord Benyon (Con)]

The noble Baroness is absolutely right. We have to make sure that we are not, through our environmental policies, just pushing carbon emissions and biodiversity practices that we do not allow here to other countries. We are part of a global community. Our food supply chains are very complex and we want to manage them with our international relations and make sure that we are protecting our environment at home, continuing to produce good food and playing our part abroad as well.

Agriculture and Horticulture Development Board (Amendment) Order 2022

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Tuesday 17th May 2022 Grand Committee

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

My Lords, I declare my farming interests as set out in the register.

This instrument delivers changes for a reformed and more accountable Agriculture and Horticulture Development Board that will play an important role in supporting farmers through a time of significant transition. While it marks an end to the AHDB’s levy work in horticulture and potatoes, it also marks an important new beginning for how the AHDB engages with and delivers for other sectors, including cereals, oilseeds, beef, sheep, pork and dairy. It respects the outcome of the ballots in the horticulture and potato sectors to end the AHDB statutory levy in their sectors; it is clear from the ballots and industry feedback that the statutory levy mechanism does not meet the very diverse needs of horticulture and potato businesses and that a different approach is needed going forward.

However, we must recognise that, while the overall result of the horticulture ballot supports an end to the statutory levy—with 61% voting against it continuing—there are a diverse range of views, with some subsectors such as soft fruit, tree fruit and mushrooms voting to keep a levy. I recognise the concerns of those subsectors at losing levy investment in important research and crop protection activities that the AHDB has traditionally funded and delivered. Therefore, while this instrument respects the ballot by repealing the statutory levy provisions, it also ensures that the horticulture and potato sectors can remain in scope of the AHDB order. This means that any parts of the industry that want to continue to work with the AHDB can do so on a voluntary levy or commercial basis in future. This will also enable the AHDB to continue to deliver legacy research and plant protection services to these sectors during a transition period.

I can also assure noble Lords that the Government continue to engage proactively with the horticulture industry to develop alternative industry-led funding models, such as syndicate funding for specific crop research and voluntary levies, that will better suit the diverse needs of the sector going forward.

I also highlight that this instrument marks the beginning of a new direction for the AHDB—an AHDB that is more accountable to levy payers in other sectors, including beef, sheep, pork, dairy, cereals and oilseeds. It delivers a new duty on the AHDB giving levy payers a regular vote on sector priorities. This will ensure that levy payers have more influence over the AHDB’s sector programmes, how much levy will be raised and what it is spent on in future.

The AHDB has been working hard to deliver this already through its “Shape the Future” campaign, where levy payers have recently voted on the priorities they want to see the AHDB deliver over the coming months and years. This could be such things as the work the AHDB does to open new export markets, its consumer marketing campaigns to promote UK produce and defend the industry’s reputation, or the market intelligence it delivers to inform farmers’ decisions. This is a momentous step forward for the organisation and marks a turning point in putting levy payers right at the heart of everything it does.

I also draw your Lordships’ attention to a technical drafting point. As a consequence of removing the horticulture levy provisions, this instrument will broaden the definition of the horticulture industry in the AHDB order. The definition will now include the growing of a wider range of horticulture products by way of business. This will deliver more flexibility in future, as it will enable more businesses in the horticulture sector to work with the AHDB on a voluntary levy or commercial basis if they wish to.

To support this flexibility, this instrument also includes provisions to clarify that the AHDB can charge to cover the costs of any services it may deliver in future to any agriculture or horticulture business in scope of the AHDB order. It also ensures that, where a sector is paying a levy, any additional charges can only be made for the cost of services not already covered by the levy.

In conclusion, these legislative changes sit alongside significant governance and cultural changes which the AHDB has already put in place to deliver a more inclusive, democratic organisation that is in a stronger position to meet the needs of farmers. I hope I have assured noble Lords on the need for this instrument, which establishes a reformed AHDB that will help farmers improve their productivity, reduce carbon emissions, engage in environmental land management and access new markets at home and internationally. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction and for his time—and that of his officials—in providing a briefing for this afternoon’s statutory instruments. It is important that those engaged in both the horticulture and potato industries know when the levy that they pay is to be removed, in order that they can plan. I assume that the consultation carried out has provided some indication of timetables.

The levy was first implemented in 2008 under powers in the NERC Act. In January and February, the potato growers triggered a call for a ballot. Only 5% of the membership is required to call a ballot, which seems a very low threshold. In the horticultural sector, there was a 69% turnout and, as the Minister has said, of those who voted, 61% voted to abandon the levy. In the potato sector, there was a 64% turnout, with 66% voting no to continuing with the levy—overwhelming figures. As a result, the Government have abandoned the levy for future years.

However, there is still the issue of how the money accumulated in the past and in future will be spent. A five-yearly vote on how the money is spent seems a long gap between decisions on spending priorities. Are the results of the vote on spending plans monitored against sector planned priorities? Paragraph 7.6 of the Explanatory Memorandum indicates that levy payers have a say in how the levy is spent. Can the Minister say whether this happens in practice?

With the abolition of the levy, there is a fear that the research and development work of the AHDB will be restricted. However, as the Minister has said, there is an opportunity for the AHDB to charge for services provided. I could not find any reference in the EM or in the statutory instrument itself to the scale of the charges. Paragraph 12.2 of the Explanatory Memorandum states:

“The impact on the public sector is the loss of levy funding for AHDB horticulture and potato services.”


Does this mean that the AHDB will be financially unviable for these sectors, or will the charges they can impose cover the loss of the levy?

There are 10 other sectors covered by this SI within the overarching definition of the horticulture industry—from protected vegetables grown in glasshouses and indoors to trees and saplings in tree and forest nurseries. It is important that research and development continue to provide protection for all categories, especially as many diseases are airborne and difficult to control.

The current levy produces an income of £5.6 million from the potato industry and £5.7 million from horticulture. This is a large sum to be replaced by charges, which appear to be ad hoc but I hope have some rational basis. All other sectors, including pork, beef, dairy and sheep, produce an income of £70 million. At this time of uncertainty in both the EU and other trading markets, it is vital that R&D capacity is not weakened across any sector. There is ongoing consultation with sheep producers on the levy. I look forward to the results of this consultation.

I am encouraged that the Government are listening to industry growers in abolishing the levy for potatoes and horticulture, but I am concerned about the effect on R&D. I look forward to the Minister’s reassurance but generally welcome this SI as a step forward.

Ukraine War: UK Food Security

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Tuesday 26th April 2022 Lords Chamber

[Lord Benyon (Con)]

No, it will not be for the Government to cap prices. Price-capping policy has been disastrous in the past, but there are other ways to support people on low incomes. The Government are spending many billions of pounds addressing the rise in household costs, and we will continue to do that.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, food security is at risk, and the Government have no target to bolster food security and food chain resilience. They have targets to secure biodiversity and tree planting. In 1984, the UK’s overall food self-sufficiency was 78%, but in 2021, it was down to 60%. Why are there no ambitious statutory targets for self-sufficiency in the UK food sector that would take us back to a more sustainable level?

Water Companies: Duties and Accountability

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 4th April 2022 Lords Chamber

[Lord Benyon (Con)]

My noble friend is absolutely right. Like any development, it has its opponents locally, and who can do anything but feel sorry for those whose lives are disrupted by it? However, a water reservoir such as that provides not only the benefit of water resources but a massive benefit in terms of well-being, leisure and the environment.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, in 2021, the leading water and sewerage utility companies had very high revenues, with Thames Water recording £2.1 billion. Over the last 10 years, water companies have paid out £13.4 billion in dividends and directors’ pay. Given the number of illegal sewage discharges into our streams, waterways and seas, is it not time that the Government insisted that water companies clean up their act immediately and not in the future?

[Lord Benyon (Con)]

My Lords, we are about to embark on the largest investment in water infrastructure that any Government have ever overseen. This is at a cost, but we can delay the impact of that cost on the customer until 2025. After that, the cost, on average, will be about £12.50 on each bill. If people want more to be spent, however, they must understand that this will be reflected in the cost to customers. We have to be absolutely honest with customers: we are going to spend more now and in the coming years, and rightly so, to eliminate the grotesque image that we have all seen of sewage going into our rivers.

Veterinary Personnel

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 23rd March 2022 Lords Chamber

[Lord Benyon (Con)]

We should all be very grateful to the noble Lord for his involvement in creating the new courses across a number of different universities. I shall certainly take his suggestion away and make sure that, across government, there is an understanding of the very real need to get more veterinary surgeons in this country trained in our universities and functioning in our veterinary profession.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, numbers have fallen sharply, with the number of registered vets from the EU being less than one-third of the expected figure. A large proportion of public health veterinary work was done by vets from European countries. The real problem is not the number of UK students graduating, but the fact that they want to work not in public health but in private clinical practice. What are the Government going to do to rectify that?

[Lord Benyon (Con)]

Working in an abattoir or assessing the viability of products of animal origin is not necessarily why everyone goes into the veterinary profession, but they are important professions and part of it. We are working with the royal college to make sure that it is a career people want to go into. We are working with the Food Standards Agency, which is now going to recruit 25% of official veterinarians itself, rather than going through a third body, to make sure that we can career-manage them to stay in the profession and prosper in it.

National Farmers’ Union

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 2nd March 2022 Lords Chamber

[Lord Benyon (Con)]

I should explain to the House that this is not as part of ELMS. In addition to the support we are giving through the environmental land management scheme, which is ring-fencing the £2.4 billion to the end of this Parliament, we are seriously encouraging green finance similar to the points made in the Question earlier. That is a responsibility I have in Defra. We are taking the publishing of the Treasury’s green taxonomy extremely seriously and making sure that we are focusing what Minette Batters talked about in her speech—the trillions of pounds floating around in the ESG markets —on nature’s recovery and benefiting farmers’ incomes by getting them access to that green finance.

[Baroness Bakewell of Hardington Mandeville (LD)]

The call to increase wages for seasonal workers is causing concern among fruit and vegetable growers. While it is important to pay a decent wage, this will lead to food inflation. Given the increase in fuel prices already heralded and those likely to arise from the invasion of Ukraine, does the Minister believe that this is the right time to put added strain on the growers and increase the cost of food?

[Lord Benyon (Con)]

I think there is a bit of confusion, which again was pointed out by Minette Batters in her speech, in relation to the minimum basic payment and the amount of hours a week that seasonal agricultural workers will be working. We are working hard to resolve that with the Home Office and I am very happy to write to the noble Baroness with information on that.

Food and Farming: Supply Issues

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Thursday 20th January 2022 Lords Chamber

[Lord Benyon (Con)]

This is an incredibly important part of our economy, particularly our rural economy. I am delighted that we have managed to get the addition of ornamental and other non-food-related measures as part of the seasonal worker scheme, and it is quite right that we do so. But we are reliant on the industry telling us in advance, as much as it can, about where it thinks the pressures will come from in the future. We have the ability to increase the £30,000 by another £10,000, and we want to encourage much more training in the sector.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the national food strategy has met with criticism from ITV, which is keen to continue advertising fast, unhealthy food. Given the rise in obesity and diabetes, why are the Government not promoting local, healthily grown fruit and vegetables which can then go into the free school meals system, to both improve the health of our children and support our farmers?

[Lord Benyon (Con)]

My Lords, we are. We want to encourage local food chains to operate more effectively; it is of course much healthier for the environment and the quality of the food is better. We want to disrupt highly centralised food chains where we can. We also want to make sure that we are encouraging as stable a food chain system as we can, because we rely on the just-in-time measures to get food from the field to the plate.

Environmental Land Management Schemes

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Thursday 16th December 2021 Lords Chamber

[Lord Benyon (Con)]

The right reverend Prelate raises a very good point. For example, we have put some money into the farming in protected landscapes scheme, which many different access groups are using to work with farmers and organisations like national parks and AONBs to get greater access. We absolutely intend that these are part of the environmental land management schemes, but that other funding streams can be accessed as well.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, on 2 December the Minister wrote to your Lordships giving an update on the transition from CAP. The annexe indicated that 70 applications have been received for trials on landscape recovery. Could the Minister give an update on how these are going and whether any include access to the countryside?

[Lord Benyon (Con)]

A wide variety of different activities are being looked at as part of the tests and trials. Our announcement on local nature recovery and landscape recovery will be made next year. We are working with the test-and-trials farmers and land managers to ensure that access is part of this, as well as the very important work we need to do to reverse the declines in species.

Sugar Beet: Neonicotinoids

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 15th December 2021 Lords Chamber

[Lord Benyon (Con)]

Legislation will come forward—next year, I hope—on gene editing, which is a key measure in finding alternatives to this sort of problem. We are talking about a very small percentage of the area where neonicotinoids were used prior to the 2018 ban, to which the Government are absolutely committed. We are applying very strict conditions—if we go ahead with this; we have not yet made a decision. The last time this derogation was made, those conditions were not met and this spray was not applied. We are a long way from allowing this to go ahead. If it does, it will be under very controlled circumstances.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the forecast of virus yellows levels in the 2021 sugar beet crop, produced on 1 March, predicted that 8.37% of the national sugar beet area would be affected by the end of August 2021. As the threshold for the use of neonicotinoids is 9%, can the Minister say whether this threshold has actually been breached and, if not, why are the Government considering emergency neonicotinoid use?

[Lord Benyon (Con)]

If we did consider giving this permission, we would then have to apply thresholds. They may be different from the thresholds we applied last year. The noble Baroness is absolutely right: that threshold was not reached and so no seed dressings were applied. I hope very much that that will be the case this year.

Wine (Amendment) Regulations 2021

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Tuesday 14th December 2021 Grand Committee

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

My Lords, these regulations will ensure that the UK meets its legal obligation to implement the provisions in Annexe 15 to the TCA concerning the trade in wine. The amendments made by this instrument concern lot marking and transitional marketing arrangements. They will remove the requirement for VI-1 certificates to accompany imports of wine into Great Britain and put in place provisions underpinning the simplified certification arrangements for exports of GB wine to the EU.

Turning first to the measures that concern VI-1 certificates, these regulations will make changes to retained EU Regulation 1308/2013 of the European Parliament and the Council and make consequential changes to retained EU Regulation 2018/273. This will remove the requirement for a wine imported into GB to be accompanied by a VI-1 certificate, or a simplified form of that certificate, where that wine has been produced in line with our regulatory framework for wine.

This change will apply to wine imports from the EU. We are exercising a choice not to introduce unnecessary trade barriers in the form of self-certificates of the type mentioned in Article 3 of Annexe 15 to the TCA. This decision will ensure that wine products originating in the EU will continue to have free and unfettered access to the GB market. This will help to support an industry worth more than £1 billion per annum and maintain the UK as a global hub for the wine trade.

In parallel, we will also remove the VI-1 requirement for imports of wine from all other countries, such as Australia, Chile, New Zealand and the USA. This will be done on the basis that they, too, meet our regulatory requirements. These wines represent about 50% of the wines on our shelves and, due to EU rules, have been subject to a VI-1 certificate to be marketed in Great Britain.

The removal of VI-1 certification represents a positive first step in simplifying our wine regulations to remove aspects of the bureaucratic and discriminatory regime that we inherited from the EU. I offer my thanks to the wine trade and noble Lords for continuing to make such a compelling case for removing VI-1 certificates. The Government have listened and acted to remove this unnecessary piece of red tape that we inherited from the EU.

This SI will also make changes to retained EU law to ensure that wines produced in GB are subject to the appropriate supervision, inspection and authentication checks necessary to underpin the use of the new simplified certification arrangements for exports of GB wine to the EU. These proposals will also introduce provisions to ensure that the lot code arrangements for wines will continue to operate between GB and the EU. This will implement Article 4(3) of the TCA and will be done by amending the Food (Lot Marking) Regulations 1996. The changes will ensure that a wine bearing a lot code that complies with EU law in a member state can continue to be marketed in Great Britain. Lot codes are an important tool to help to trace wine products that have been prepared or packaged under the same conditions.

Finally, these regulations will implement Article 5 of Annexe 15 to the TCA concerning transitional arrangements for the marketing of wine products. Amendments will be made to the Wine Regulations 2011 and the Food Information Regulations 2014 that will allow for the marketing of wine products that, at the date of entry into force of the TCA—1 May 2021—had been produced, described and labelled in accordance with the rules existing at that time. The provisions allow two years from 1 May 2021 for wine stocks to be run down at the producer and wholesale levels, while stocks at a retail level can continue to be sold until they are exhausted. Transitional labelling arrangements are an important consideration in the wine sector where products can have an extended shelf life and their quality can appreciate over prolonged periods of time.

Overall, this instrument is primarily concerned with introducing the changes necessary to implement Annexe 15 to the TCA. It is important as this helps to underpin our relationship with the EU, which, collectively, is the most important wine-producing and trading region on the planet. However, this instrument also marks an important first step in freeing up our wine trade from unnecessary inherited red tape.

We have a flourishing wine and viticulture sector. Through this instrument, the Government are delivering on the levelling-up agenda by making regulatory changes that support wine importers, bottling plants and exporters across the country. From Accolade Wines in Avonmouth and Kingsland in Manchester to Greencroft in County Durham, we are removing a burdensome technical barrier to trade. Defra will continue to work with the industry and across government to ensure that we have the best possible regulatory regime for wine. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his time and that of his officials in the briefing, as well as for his introduction to this relatively straightforward instrument.

The Explanatory Memorandum gives clear detail. Paragraph 7.3 refers to wine that has been stored and appreciated in value, and is then marketed later when it may not have the requisite information details that we are introducing in this IS; the Minister referred to this. Ensuring that this does not happen is referred to, in the last sentence of paragraph 7.3,

“by amending the Wine Regulations 2011 (S.I. 2011/2936) and the Food Information Regulations 2014 (S.I. 2014/1855).”

The Minister referred to those statutory instruments. However, there is no indication of when this might happen. Can he say whether a date has been given for that action?

Paragraph 7.8 gives details of the trade in wine with Northern Ireland and the effect of the Northern Ireland protocol on the wine industry. It makes the claim that, although the instrument

“will be looked at again once those negotiations have been concluded”,

there will be no

“significant effect on the trade in wine between Great Britain and Northern Ireland.”

Is the Minister sure that there will be no significant effect? The wording of the EM implies that there will be an effect but it will not be significant. I know that this is straining at gnats, but it would be helpful to have clarification.

Consultation with the industry, including the Wine and Spirit Trade Association, WineGB, the Food Standards Agency and Food Standards Scotland, has taken place. Not surprisingly, since the VI-1 wine import certificates are to be abandoned and the process simplified, there was general satisfaction in the process to be instituted and followed. It will reduce costs, which is good for business.

However, I am somewhat concerned that the consequent reduction in the price of wine could lead to harm from increased alcoholism, especially among young people, due to it being cheaper. Although a glass of wine is an enjoyable thing for most adults, the cheaper it is for those on low incomes, the more likely it is to be tempting to consume more than is healthy. Addictions of all type are a strain on the health service, and alcohol addiction can lead to anti-social behaviour and violence. I am not suggesting for one minute that the reduction in the price of wine will lead to wholesale disorder on the streets, but it is a consideration for young people.

The Secondary Legislation Scrutiny Committee has produced information paragraphs on this SI, having consulted Defra. There is a transition period, to which the Minister referred, of two years for producers and wholesalers of wine, and until stocks have been exhausted for retailers. Can the Minister say whether an estimate has been made of how long it might be before stocks of wine imported under the TCA before the lot codes came in might be exhausted? Is it likely to be sooner than two years, or might stocks be left at the end of the two years? If so, what arrangements will be made to ensure that these wines can still be marketed although they will not have the lot codes in place?

Lastly—I am sorry but this is a bee in my bonnet— I note that no impact assessment was produced. It is clear from the EM that there are likely to be impacts; it would have been helpful for these to be gathered together in one place. Apart from these minor comments, I am satisfied with this SI. I can see that it will be very good for business and will improve the movement of wine between GB and the EU, so I support it.

Water: Sewage

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Wednesday 1st December 2021 Lords Chamber

[Lord Benyon (Con)]

If the noble Lord will allow me, I will write to him with a specific technical response, because we are talking about public health and I want to make absolutely certain that he has the necessary information that the agency will provide me with.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I have listened carefully to the questions and the answers given by the Minister but remain unconvinced that much is going to change quickly—and I am really pleased that I am not a wild swimmer. Why does the Minister think it acceptable for raw sewage to continue to be discharged into our water and for water companies not to take any immediate action to prevent this? Why are shareholders’ dividends being put before water quality?

[Lord Benyon (Con)]

I do not speak for water companies, but I think they are taking this matter extremely seriously. My local water company, Thames Water, recently wrote to me about measures it is taking in relation to a chalk stream which it has previously polluted. I know for a fact that water companies are deeply seized of the urgency of this situation, and their encouragement to support the amendments shows willingness. We are not complacent. We will hold them to account through all the mechanisms that we can use. Where they falter, they will be fined. Southern Water was fined £90 million, the largest fine of such a kind, last year. The Government will not be afraid to continue that sort of action if required.

Trees: Ips typographus

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 1st November 2021 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the eight-toothed spruce bark beetle is only 4.2 millimetres to 5.5 millimetres long and therefore very difficult to spot and identify. How can the Government be absolutely sure that it is not more widespread than the demarcated areas to the south and east of London?

[Lord Benyon (Con)]

I am very happy for the noble Baroness to have a detailed briefing on the measures we are taking, but we have an extensive trapping system, using pheromone traps to attract the beetle. We are counting it in infected sites and working in the containment area and beyond to make sure that it is not spreading. The phytosanitary measures we have put in to retain diseased timber in that region are also very important.

Farming Rules for Water

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 1st November 2021 Lords Chamber

[Lord Benyon (Con)]

I will discuss my noble friend’s suggestion with the Farming Minister. Life is quite complicated for farmers at the moment. If we start trying to map the country in terms of how we allow different levels of manures to be applied, there may be a further problem—but I take his point, which is well made.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the National Pig Association has warned that the Environment Agency’s long-awaited statement on the farming rules for water could have significant impacts on pig and arable producers. Many pig producers will not be able to comply with some of the conditions, such as preventing application on sandy or shallow soil. Discussions have taken place between the EA and the NPA, providing clarity that will resolve the issue for only some producers and for only this growing season. There is concern that the majority of producers will still not be able to use the RPS. Would the Minister care to comment?

[Lord Benyon (Con)]

I would. The noble Baroness makes an important point in relation to some pig farmers, but we want to make sure we are cleaning up our rivers. That means working with farmers to find a sensible system of rules that apply long-established good farming practice so that manures are applied only to crops that will take up those nutrients and none will leach through into catchments or river courses.

Culling of Pigs

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Thursday 14th October 2021 Lords Chamber

[Lord Benyon (Con)]

I can assure the noble Lord that we are taking action on a range of issues, which we hope will resolve the problem in the coming weeks. We are working with AHDB to identify export markets to fill the gap of the 21% of exports that are no longer available to the Chinese market because they withdrew licences because of Covid. He is right to point to the labour issues. These are principally because, at the end of the Covid restrictions, many overseas workers returned home and we are seeking to find ways to bring large numbers of them back. There is a deficit of between 800 and 1,000 butchers which we want to fill. There are many other things we are working on to ensure the mainstream supply of pigmeat, including, of course, for Christmas.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is heartbreaking to raise stock from piglets to fully grown pigs ready for slaughter and the supermarket shelves, only to have to cull them on farm and waste their meat. An influx of skilled workers from abroad could alleviate this situation. What is the Minister doing to lower the English language requirement for meat processing workers, who clearly do not need the same level of fluency as a GP?

[Lord Benyon (Con)]

That is a very valid point. Part of our discussions and the announcement that I hope we will be able to make imminently reflects what is also done in the poultry industry, where those changes were made to encourage more workers to come over and operate in that sector. We hope that this will alleviate the labour problems in this sector.

Livestock Feed: Processed Animal Protein

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Tuesday 6th July 2021 Lords Chamber

[Lord Benyon (Con)]

I entirely understand the point my noble friend makes, but we must not conflate issues relating to trade agreements with this particular issue. We have the highest standard here, which was brought in in a very precautionary way, at the time of a terrible disease. Science, and our understanding of this disease, has changed. Our ability to track where processed animal proteins come from allows for a change in policy. We have not taken that step yet, but we will consider it in due course with all the evidence. We must not conflate it with the trade issues that are so important to your Lordships.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, feeding animals processed animal protein is a revolting practice. Poultry, pigs, sheep and cows are not carnivores; they are vegetarian. Can the Minister give reassurance that no meat from animals fed on processed animal protein will enter the UK food chain? No matter how many standards and checks he thinks are in place, this should not happen, and the meat should not come from any country that has this practice.

[Lord Benyon (Con)]

Processed animal proteins have long been established as part of the rendering process. As a result of BSE, changes were made to prevent them. Currently, all processed animal products from this country are exported across the world for the pet food industry. We import vegetable proteins, such as soya, from countries which have much lower standards of agricultural environmental protection. I assure the noble Baroness that we are very cautious in this country about reducing the standards that were brought in at the time of BSE. What we are talking about here is TSE —about pigs, poultry and parts that are heat-treated and are an alternative to the proteins that other farmers use.

Agri-environment Schemes: Permissive Access

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Thursday 27th May 2021 Lords Chamber

[Lord Benyon (Con)]

I can assure my noble friend that this is being addressed outside environmental land management. We are bringing forward legislation this year to streamline the process of recording and changing rights of way. Under environmental land management schemes, it will be possible to find permissive routes that are more attractive to walkers and are mutually beneficial to the landowner and farmer as well.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I pay tribute to my colleague Lord Greaves, who in the past would have spoken on this Question. Following on from the question of the noble Earl, Lord Shrewsbury, it is important for the public to have access to the countryside. However, in order to achieve the aim of ELMS to encourage the return of insect and animal species, especially around field margins, which have already been referred to, does the Minister believe that rights of way may need to be constrained?

[Lord Benyon (Con)]

I echo the noble Baroness’s tribute to Lord Greaves. Alongside the crisis of species decline, a crisis of lack of engagement with nature by large proportions of the public is of equal concern to me and to this Government. I do not believe they are mutually exclusive; I think we can find an increased permissive paths system which does not compromise the desperate desire to find improved habitats for vertebrates, insects and wider species. So I can only assure her that we are looking at this as part of the tests and trials process.

Pesticides

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Tuesday 25th May 2021 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, following on from the question of the noble Lord, Lord Whitty, scientific evidence moves on at pace, as does the use of pesticides. Those of us in rural areas are not always aware of when spraying is taking place and the smell of DDT no longer alerts us. There is, however, a crucial link between air quality and chemical pollution, which affects both human health and the environment. Does the Minister believe that now is the time to strengthen integrated pest management to protect both humans and pollinators?

[Lord Benyon (Con)]

When our national action plan is published later this summer, the noble Baroness will, I hope, be able to see that we are looking very carefully at making sure all these matters are considered. Integrated pest management is a way forward and she is right to raise the matter of technology. There are some really exciting new processes emanating from our own institutions in this country, which see sprays applied to one particular plant and not the one next to it by using incredible new research from our universities. I hope that everything is moving in the right direction; the reduction in recent years is welcome. Our rules are strict and further conditions will be applied as necessary.

Environmental Land Management Schemes

Debate between Lord Benyon and Baroness Bakewell of Hardington Mandeville

Monday 24th May 2021 Lords Chamber

[Lord Benyon (Con)]

My Lords, we recognise that our changes will be challenging for some farmers. I know that Exmoor farmers, in particular, are close to the noble Baroness’s heart. The scheme that we have introduced will provide funding so that farmers can access support provided by organisations with relevant experience which are already known and trusted in the farming community. The scheme will focus on assisting farmers to make the right decisions for themselves, their families and their business through effective discussion and planning. I hope that we can keep that in clear English.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I, too, welcome the noble Lord, Lord Benyon, to his first outing at Oral Questions and look forward to working with him. There has been publicity around payments to elderly farmers to encourage them to retire but little about the encouragement being offered to younger people to enter farming. Can the Minister say how many farmers have applied for the grant to retire and how many new entrants have come forward?