Environment Bill

Caroline Lucas Excerpts

Wednesday 20th October 2021 Commons Chamber

[Geraint Davies]

I rise briefly to support Lords amendment 3, which would put legally binding World Health Organisation limits of 10 micrograms per cubic metre into law now. The arguments that have been put in place against that—that we might have some other target in October 2022—are fine, but let us have a minimum standard now. Nearly a year is a long time when we have a target to be achieved by 2030 and we can focus rational expectations.

We know that 64,000 people are dying a year. We know that globally it is 8.7 million. We know we are hosting COP26. We profess to be global Britain. My view is that this measure ticks all the Government’s ambitions and boxes. The Government talk about NHS prevention and limiting the amount of money spent on the NHS. The Royal College of Physicians says that the cost of air pollution is £20 billion a year. The World Health Organisation says it costs £60 billion a year in lost productivity and NHS costs. If we are serious about increasing productivity, we should improve air quality standards. In terms of value, if we saved even £3 billion of the £20 billion—on the lower number—we could invest that in a stream that would generate an investment of about £300 billion in capital for green infrastructure to head towards net zero.

We have talked about the problem with dementia, which is massively related to air quality, and an incremental increase in PM_2.5 can increase mental health hospital admissions by a third. We have heard from the Government about levelling up, but we know that air quality particularly hits the poorest and the most diverse areas. Having a cap of 10 micrograms would make a lot of difference to levelling up.

We have talked about pathways and how we will get there without getting rid of cars and wood burners. We need to devolve power to local authorities to give them responsibility. Frankly, the situation is that wood burners generate 38% of PM_2.5 and 2.5 million people have them. In urban environments, we need to stop selling them and phase them out. We may have to compensate people. Otherwise, we will never hit those targets and the targets will get away from us.

We certainly do not want the Government to have an ambition to double the amount of incineration by 2030, which they have. The latest incinerator in north London will generate 700,000 tonnes of carbon a year, as well as ultra-fine particulates that will give rise to leukaemia. We need to get our act together. We have the opportunity. People such as Stephen Holgate are already saying that they want a guiding light of 10 micrograms. We have heard the case of Ella Kissi-Debrah, who died at the age of nine and would be 17 now—that is how long we have been waiting after her death, despite knowing that she died of air pollution. Of course, we also need an office for environmental protection that has teeth, as there is currently in the EU.

In a nutshell, people have the right to clean air and the Government have a duty to deliver on that right. Let us get on with it and do it now.

[Caroline Lucas]

I start by adding my voice to that of others who have paid tribute to Sir David Amess and James Brokenshire. I knew neither of them really, but I can see how much I missed in not knowing them. They sound like they were absolutely the very best of us and I send my love and thoughts to their families. My heart goes out to them.

This Bill is meant to be a once-in-a-generation piece of legislation. It has been described by the Government at various times as a flagship or a lodestar, and it is about time it started to live up to that kind of rhetoric, given that the UK is one of the most nature-depleted countries in the world with 15% of its species now threatened with extinction. With that in mind, I welcome the improvements that have been made to the Bill in the other place, many of which address issues that have been raised repeatedly in both Houses. I also welcome the amendments that have been tabled by the Government to set legally binding targets to halt the decline of nature.

The Bill has a very long history: it was first proposed in 2018, has been repeatedly delayed and, last year, was absent from Parliament for more than 200 days. I urge the Government not to now create further delays and to accept these crucial amendments from the other place to make the Bill law before COP26. That is the kind of leadership that people are looking for from the country that will host that key meeting.

On Lords amendment 1, which requires the Prime Minister to

“declare that there is a biodiversity and climate emergency domestically and globally”,

I am utterly dumbfounded that the Government cannot agree to it. They may argue that it does not meaningfully change the Bill, which may be the case, but it is none the less incredibly symbolically important. With the Intergovernmental Panel on Climate Change’s most recent report spelling a “code red for humanity” with 1 million species now threatened with extinction, we know that an emergency is upon us.

As Lord Deben said in the other place, refusing to accept this amendment

“will send the wrong signal, at a time when we should be united in sending the right signals, so that in all discussions people will know precisely where Britain stands.”—[Official Report, House of Lords, 6 September 2021; Vol. 814, c. 618.]

I therefore urge the Government to rethink their position and to listen to the scientists raising the alarm, to the young people on the streets worried for their future, and to the parliamentarians in this House. There are now less than two weeks until COP26 and if the UK is serious about demonstrating leadership, rejecting this amendment just seems so contrary to what we need to see—so perverse.

Soils and air are the very substance of what the Bill is about. Lords amendment 2, tabled by my noble Friend—I do not often get to say that—Baroness Bennett of Manor Castle, sets soil health and quality as a priority area for long-term target setting. Soils, as we know, are the complex ecosystems upon which all life on this beautiful planet relies. A staggering 25% of the world’s biodiversity lives in our soil. Britain’s soils alone store almost 10 billion tonnes of carbon. It is not simply dirt that can endlessly be abused and neglected; it is life itself. Its health is absolutely essential if the UK is to succeed in achieving its climate and biodiversity targets, yet we lose more than 3 million tonnes of topsoil every year in the UK. In its recent independent assessment of the UK climate risk, three of the Climate Change Committee’s eight urgent priorities relate to the impacts of the climate crisis on soils, and just today a new report was published that identifies poor soil health as a threat to national security.

I welcome the Government’s commitment to publish a new soil health action plan for England to ensure that soils are sustainably managed by 2030. That is desperately needed, but I am concerned that the draft outline will not even be consulted on until next spring. It is also positive to hear that the Government are exploring the possibility of a new target on soil health under future Environment Bill regulations, yet soil health merits proper referencing and legal protection through this Bill to take it beyond one Parliament. When our soils are rapidly degrading, we need that target now, so I urge Ministers to review their decision on Lords amendment 2.

Many hon. Members have spoken very eloquently about Lords amendment 3 on air pollution, and I would simply echo what others have said about the perversity of this. At a time when the WHO has just slashed the guideline limit for air pollution, the fact that we are refusing even to bring ourselves in line with the current—out-of-date—pollution target just seems to be incredibly perverse. Everyone has the right to clean air, as others have said, and we should be acting on it.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

On tackling air pollution, does the hon. Member not agree that, to take people off road and on to rail, it is about time the Government built the western rail link to Heathrow? It would benefit people not only in my Slough constituency, but in the south-west, Wales and the west. That is the only way because if we are serious about tackling the climate crisis, rather than just talking about it—the Government committed to it in 2012, but have still not yet dug a single spade—it is about time that we moved forward on these transport infrastructure projects.

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[Caroline Lucas]

I thank the hon. Member for his intervention, and if people are travelling to Heathrow, I would far rather that they went by train than that they drove, so to that extent I would certainly agree with him.

Interim targets are obviously needed to achieve the long-term targets in the Bill. It is extraordinary for the Minister somehow to feel that there is some kind of contradiction between interim targets and long-term targets. They are not in contradiction with one another. The interim targets mark the progress towards the long-term targets, so to hear her oppose those seemed very odd. Baroness Brown of Cambridge put it very clearly in the other place when she said that

“it is easier to predict the impact of actions to support such systems over a five-year timescale than it is to predict outcomes in 15 or 20 years”,

and that

“evidence shows the effectiveness of the combination of statutory interim targets and a legislated long-term goal.”—[Official Report, House of Lords, 8 September 2021; Vol. 814, c. 841.]

I would press upon the Minister that these two ideas are not in contradiction.

I would like to speak briefly in support of Lords amendment 28, which would, like amendment 1 that I tabled on Report, ensure that the MOD and the Treasury—and, indeed, anyone spending resources within Government —are not, rather perversely, excluded from having to consider the environmental principles. These five principles should be the very cornerstone of our environmental law, so it is deeply concerning that time and again the Government seek to put these Departments beyond reach. As the Minister is well aware, the Ministry of Defence owns significant amounts of land, including a third of our sites of special scientific interest, and protecting and restoring these areas will be absolutely essential if the Government are to deliver on the leaders’ pledge for nature to reverse biodiversity loss by 2030. Essentially, when we know that just 3% or 4% of land is effectively managed for nature and that so many protected sites are in an unfavourable condition, we absolutely need action on that.

The exclusion of the Treasury is, if anything, of even more concern. If we ever needed a lesson on that, we have seen in the last few weeks how there appears to have been a battle between No. 10 and the Treasury over some key decisions when it comes to the heat and buildings strategy or the net zero strategy. Sadly, it looks as if the Treasury has won, because we are not seeing the finance behind those plans that we should. We are seeing things such as the continuing freezing of fuel duty since 2010, which is directly responsible for emissions being up to 5% higher than they would otherwise have been. I urge the Minister to look again at including the Treasury in this provision. Again, it seems very perverse to leave it out.

Lords amendment 31 would strengthen the independence of the office for environmental protection, which is essential if we are to have the strong watchdog we have been promised. When Ministers control the OEP’s board and budget, it is entirely inappropriate for it then also to be bound to consider their guidance on enforcing breaches of environmental law. I fear that such guidance, if coming from someone who controls the purse strings, will feel an awful lot more like an insistence than some gentle suggestions. The OEP needs to be brought in line with the approach taken to other agencies that enforce breaches of the law, including the Equality and Human Rights Commission and the Information Commissioner’s Office. I do not see any reason why it should be treated differently.

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The Bill already places a duty on water companies and the Environment Agency to publish data on storm overflow operation on an annual basis, so this is available and accessible to the public. Crucially, the Bill also introduces a statutory requirement on sewerage companies to produce drainage and sewerage management plans, in which they will fully assess their network capacity and adopt a strategic approach to planning. This will deliver a resilient sewerage system addressing current and future risks and issues, such as population growth and climate change over a 25-year period, because we all know that those things are affecting this system.

[Caroline Lucas]

I certainly support the direction of Lords amendment 45. However, I want to ask the Minister why she is omitting lines 7 to 14 of the original amendment introduced by the Duke of Wellington in the other place, which would put a legal duty on water companies to take immediate action to tackle sewage pollution and so forth. Why has she taken some of the teeth out of this amendment?

[Rebecca Pow]

I hear what the hon. Member says, and for once I am really pleased that she almost supports what we are doing. I am outlining what we have put into the Bill since it was last here to demonstrate how we will be reducing the harm from these sewage storm overflows. The cumulative impact of all this will be to actually address the issue that we all so want to address. Crucially, we will have sewerage management plans in which water companies will have to explain and detail how they are going to be delivering a resilient sewerage system. We expect those plans to include considered actions for reducing storm overflows and their harm in line with the ambition set out in the Bill.

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[Tim Loughton]

I wanted to speak on interim targets in the first group of amendments, but given the time constraints, I have saved myself for sewage. I rise to support the Duke of Wellington’s amendment, which is the most important amendment we are faced with this evening.

I acknowledge that this is a landmark piece of legislation. I congratulate the Minister on the way that she has listened and on the length that she has gone to on the sewage issue. Frankly, however, when it comes to sewage discharge, my constituents do not want another taskforce, an aspirational target, or a discretionary duty of care. They do not even want more consultation. They just want a legally enforceable obligation on our water companies to stop them routinely discharging raw sewage into our rivers and seas. That is the bottom line.

The Bill, as it is framed, does not go far enough. Without that legal obligation, water companies can still cause harm by their sewage discharges and there is no guarantee of any immediate action to tackle sewage pollution. I shall be supporting the Duke of Wellington’s amendment because my constituency has a coastline with some of the best kitesurfing in the country at Lancing, because I support Surfers Against Sewage, and because I am a coastal MP for a constituency where we have had many instances of discharge.

I am afraid that we are served by Southern Water, which is the worst offender. Although the new management have made great progress from all the illegal cases of discharge that went on, for which they have been handsomely and quite rightly fined, it is still happening too much on a routine basis. I support the private Member’s Bill brought in by my right hon. Friend the Member for Ludlow (Philip Dunne), as did the Minister, so why are its provisions not in the Bill if the Government are serious about this?

Storm discharges are happening far too often. I understand the implications of extreme weather conditions and that, if we do not do something about it, we will have sewage popping up from under manhole covers and into people’s homes and gardens, but we should be doing more about increasing capacity to deal with those events, and I am afraid it is just not happening. We are talking not just about raw sewage, but about primary treated sewage, which is still doing a lot of harm when it gets out. This can only get worse with the huge house building pressures that we have in the south-east in particular. The pressure is going to get greater, but I am afraid that the capacity to deal with it is not increasing at a commensurate rate. The requirements on sewage companies to do a clear-up when there have been discharges are not nearly tough enough.

People have had enough of this. We are weary of excuses about learning lessons, and about how a certain company is going to do better in the future and has no greater priority. The amendment needs to send out a strong message to put water companies on no uncertain notice that enough is enough and that there will now be a legally enforceable obligation to do far more, taking all reasonable steps to ensure that untreated sewage is not discharged from storm overflows and proactively demonstrating that they have done so. They must show that they have improved the sewerage system, with the Government and their agencies bringing all their forces to bear to make sure that they abide by that, and that when they do not, they are properly punished. That is the minimum our constituents should expect. I hope that is what the Duke of Wellington’s amendment actually achieves. It is what my right hon. Friend’s private Member’s Bill would have brought in, and I urge the Government to think again about that.

[Caroline Lucas]

I will be brief, but I will simply continue this theme about Lords amendment 45, which, as many hon. Members have said, simply does not go far enough. I pay tribute to the right hon. Member for Ludlow (Philip Dunne) for all his work on this and for his chairing of the Environmental Audit Committee, where this has been such a key issue for us.

One of the reasons why I want to speak about this follows on from the hon. Member for East Worthing and Shoreham (Tim Loughton), because I too have Southern Water in my constituency and, frankly, its record has been abysmal. In July, it was ordered to pay a record £90 million fine after an investigation by the Environment Agency found that it had caused almost 7,000 illegal sewage discharges between 2010 and 2015, which lasted a total of 61,000 hours—the equivalent of over seven years. What is shocking about that is that these discharges were happening not by accident, but because Southern Water knew that the penalties were not serious enough to deter it from doing it. That is the real concern. That followed its being fined £3 million in 2019 and ordered to pay back £123 million to customers to compensate for serious failings in the sewage treatment works and deliberately misreporting.

There is a major issue here. It has affected my constituency, where back in 2019, over 50 discharge notifications were issued in Brighton and Hove, whereas in 2020 absolutely none was issued at all. Essentially, the system is not working properly. We need to have the legal duty that was in the Duke of Wellington’s amendment. Without that, there is essentially nothing to compel water companies to take immediate action to tackle sewage and pollution. That legal duty is in line with the Government’s stated ambition, and I do not understand why they will not put it in the Bill.

Briefly, I also support Lords amendment 43. Others, including the hon. Member for Rochdale (Tony Lloyd), have made a really powerful case for why that matters so much. I simply want to put on the record as well that I was disappointed that Lords did not uphold their previous support for protecting rural residents on the issue of the impact of pesticides on human health, because that is a big exposure problem too.

[Siobhan Baillie (Stroud) (Con)]

With genuine thanks to the Minister and her team, I will speak to Lords amendment 45 on storm overflows. It is not rocket science why I and many of my colleagues receive so many emails and so much correspondence about river pollution, as the thought of sewage in our rivers is revolting. I know one lady who chose to swim the length of the River Severn, which is more than 200 miles. She got to Gloucester, but ended up in hospital because she had swallowed some raw sewage. This is a health and biodiversity issue; it is about leisure and living. I can see the River Severn from my home, and we all want clean and good quality waterways.

I will keep my remarks brief. I backed the Bill of my right hon. Friend the Member for Ludlow (Philip Dunne). Stroud is an incredibly environmental area, and smart environmentalists challenge me all the time. Unusually, that Bill managed to satisfy the majority of people, which is because my right hon. Friend consulted campaign groups, individuals and the public. He went to water companies and tried to find wording, language and a private Member’s Bill that works. That “what works?” approach is important. Not without regret, therefore, I will be backing the amendment from the Duke of Wellington that mirrors the private Member’s Bill. I think we need that hard action in the Bill now, and to then work out how we make it work from that point. We see technology changing. A business in my constituency is working to take raw sewage and turn it into aviation fuel. We just do not know what is around the corner, but if we get the Bill in place, good things will happen, certainly for our rivers.

Environment Bill

Caroline Lucas Excerpts

Consideration of Lords amendments
Wednesday 20th October 2021 Commons Chamber

[Rebecca Pow]

I am pleased that the hon. Member, like me, is deeply passionate about soil. I think I held the first ever debate on soil in Parliament when I was a Back Bencher. It is something that I am personally very keen on. We believe we cannot commit to set the actual target until we have that baseline of robust metrics. We consulted and are working very widely with experts and specialists. Indeed, a range of pilots, tests and trials are running related to soil. Instead, I can provide reassurance that the Government, as announced in the other place on Report, will be bringing forward a soil health action plan for England. It will provide a clear strategic direction to develop a healthy soil indicator, soil structure methodology and a soil health monitoring scheme. All those things are absolutely necessary before we can set the actual target, but there is a huge amount of work going on, on the soil agenda. I am personally pushing that forward, as is the Minister of State, Department for Environment, Food and Rural Affairs, my hon. Friend the Member for Banbury (Victoria Prentis), with whom I am working very closely on this matter.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I know the Minister is personally committed to the soil agenda—I remember sitting with her on the Environmental Audit Committee—and I am sure she shares my concern about this being hugely delayed. She talks about the action plan, but the draft outline will not even be consulted on until spring next year. What can we do to try to speed that up? It is a massively serious issue, as she knows, yet the signals from the Government are that they are treating it with complacency.

[Rebecca Pow]

I completely disagree with the hon. Lady, although I am listening to what she is saying. There is no complacency whatever on this. In fact, soil will be one of the top priorities in our new environmental land management and sustainable farming initiative schemes. So it will be prioritised. It is the stuff of life. All farmers and landowners understand that we have to get it right. The soil health action plan will absolutely drive that forward, as have action plans in many other areas, such as peat. We are now bringing that all into being, so I can categorically say that this will happen. I really hope that that gives her some reassurance.

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[Rebecca Pow]

Data is key, and science is key. As I mentioned—and I was slightly disparaged—that is why we want to do the soil health monitoring: to gather the data. When I talk later about storm sewage overflows, the House will hear that our approach is very much about getting the data. My hon. Friend is absolutely right: the more we can explain things to the public, the better. Personally, I do not think that we do that enough. Perhaps the press could help us.

We were talking about interim targets. Certain habitats take a very long time to change or recover, such as peat bogs, native woodlands and the marine environment. Five years would potentially be too short to get a result. This should not be just a tick-box exercise towards a five-yearly target. The Bill’s very robust statutory cycle of monitoring, annual reporting and five-yearly reviews, combined with regular scrutiny from the office for environmental protection, will ensure that we meet the interim targets set in the environmental improvement plans.

Hon. Members who were on the Bill Committee will be well aware of the whole process of reporting, monitoring and feeding back, which is constant. It comes under scrutiny as well, so even though an interim target is not legally binding, we will still be held to account for meeting it and heading towards it. If it is not right or if we are not making enough progress, the OEP will certainly have something to say about it, and indeed so will Parliament when we come to report on it. I recognise the concerns raised by peers, but it is our view that the changes made in the other place would lead to a detrimental impact on the enhancement of the environment and should be reversed.

I turn to Lords amendment 28, which I have been informed by the parliamentary authorities invokes financial privilege, but on which I still wish to reiterate the Government’s position. The Bill embeds environmental principles that will guide future policy making to protect the environment. The Government firmly maintain that exempting some limited areas from the duty to have regard provides flexibility in relation to finances, defence and national security.

First, the exemption for the armed forces, defence and national security remains essential to provide vital flexibility to preserve the nation’s protection and security. Defence land and defence policy are fundamentally linked. If the duty were applied to defence policy or Ministry of Defence land, it could result in legal challenges that could slow our ability to respond to urgent threats.

Secondly, applying the duty to taxation would constrain Treasury Ministers’ ability to alter our financial position to respond to the changing needs of our public finances. The Treasury’s world-leading Green Book already mandates the consideration of environmental impacts, climate change and natural capital in spending. That applies to spending bids from Departments, including for a fiscal event.

[Caroline Lucas]

Will the Minister give way?

[Rebecca Pow]

For the last time, and then I will need to make some progress.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I am very conscious that a lot of Members want to speak and that the debate has to finish at 4.36 pm, so I think we need to bear that in mind.

[Caroline Lucas]

Apologies, Madam Deputy Speaker; it is only my second intervention, and it will be my last for the moment.

On environmental principles, may I ask the Minister about the consultation on the policy statement? As I understand it, the Government’s response to it is still delayed. Can she tell us when we can expect to see it and why it has been delayed for so long?

[Rebecca Pow]

I thank the hon. Member for that question. In true Government-speak, I will say “shortly” and move on.

I make it clear that the exemption for

“spending or the allocation of resources”

refers to central spending decisions only. Individual policies that involve spending by Departments will still need to have due regard to the policy statement. Spending review and fiscal event decisions must be taken with consideration to a wide range of policy priorities, including macroeconomic issues that are too remote from the environmental principles for those principles to be directly applicable. For example, principles such as “polluter pays” cannot be applied to the allocation of overall departmental budgets.

I turn to the office for environmental protection. Lords amendments 31 and 75 would remove, respectively, the power for the Secretary of State to offer guidance to the OEP and the equivalent power for Ministers in Northern Ireland. I reiterate the Government’s commitment to establishing the OEP as an independent body. However, as the Secretary of State is ultimately responsible to Parliament for the OEP, the guidance power is required to ensure that there is appropriate accountability and that the OEP continues to operate effectively.

I acknowledge the concerns that have been raised about the power for the Secretary of State to issue guidance for the OEP. Our Government amendment (b) will therefore reintroduce the additional provision, first added in the other place, to ensure that Parliament and the Northern Ireland Assembly can scrutinise draft guidance before it is issued. The Secretary of State must respond before final guidance can be laid and have effect. The guidance power is not a power of direction; it will simply ensure that there is appropriate accountability and that the OEP continues to operate effectively. That is why the Government believe that it should remain part of the Bill.

COP26 Conference Priorities

Caroline Lucas Excerpts

Thursday 22nd July 2021 Westminster Hall

[Caroline Lucas (Brighton, Pavilion) (Green) [V]]

It is a pleasure to speak in this debate with you in the Chair, Mr McCabe, and I congratulate the hon. Member for Middlesbrough South and East Cleveland (Mr Clarke) on securing it. It could scarcely be more timely, as the extreme weather events around the world demonstrate how climate breakdown is accelerating.

With tomorrow marking 100 days to go until COP26, it is more urgent than ever to ensure it delivers. As hosts, the UK Government need to show bold and ambitious leadership, but last month the Climate Change Committee pointed yet again to the yawning delivery gap between the Government’s net zero ambitions and the absence of policies to achieve them. We urgently need clear direction from Government detailing how they plan to decarbonise each and every sector, raising global ambition and giving other countries a clear reason for why they too should go further and faster in their national commitments to limit global heating. Failure to act is not just dithering—it is dangerous and often deadly.

Turning to some of the goals set out by the COP26 unit, the first is to:

“Secure global net zero by mid-century and keep 1.5 degrees within reach”.

We need to face the fact that even if all the current nationally determined contribution pledges were fulfilled, that would still lock the world into well over 2° of global heating. The inconvenient truth is that a target of net zero by 2050 simply does not equate to keeping 1.5° within reach. Yet 1.5° is an absolute lifeline for those in climate-vulnerable countries, and exceeding that threshold would have devastating consequences. That is why I recently reintroduced the climate and ecological emergency Bill to Parliament, which would put 1.5° in statute. I welcome the cross-party support of over 100 MPs who are backing the Bill, and urge the Government to get behind it, too.

The unit’s second goal, to

“Adapt to protect communities and natural habitats”,

is crucial. Ministers need to deliver on what the Climate Change Committee recently described as an “underfunded and ignored” area of policy. If adaptation is often ignored, loss and damage is even more overlooked. Countries are already experiencing climate impacts that they simply cannot adapt to. The damage caused by Hurricanes Irma and Maria in Dominica amounted to 226% of that country’s GDP, and 100% of its crops were destroyed. That is just one example of what loss and damage means. That is why we urgently need the Santiago Network for Loss and Damage to be fully operationalised, with new sources of finance to pay for it.

With its vast ability to store carbon and cushion us from shocks like flooding, nature can be our biggest ally in the fight against climate breakdown. Yet biodiversity is declining faster than at any time in history. The leader’s pledge to protect 30% of land and sea for nature by 2030 is a step forward, but that protection must be delivered urgently in order to reverse nature’s terrifying decline. The UK is one of the world’s most nature depleted countries, and when looking at our seas, the case is even more stark. England has 40 offshore so-called marine protected areas, but in reality, there is little protection to speak of. In order to restore nature and protect our blue carbon stores, the Government must use their new powers in the Fisheries Act 2020 to ban destructive fishing practices in these areas.

The third goal is mobilising finance, yet as it stands we are still $20 billion short of delivering on the $100 billion commitment from 10 years ago. That amount must be delivered in full before COP26, so I ask the Minister how the COP26 presidency plans to meet the $20 billion shortfall. What steps are being taken to ensure that it is delivered as grants, rather than loans, and does she recognise that by slashing our aid budget, the Government have further undermined any leverage they might have had in persuading others to step up? Ministers like to boast that the UK has increased its climate finance to $11 billion, but they fail to mention the fact that that money came from an overseas development aid budget that is being cut by £4 billion, a move that goes against the commitment for climate finance to be new and additional sources of money. Unless we deliver on all of these issues, I fear we will not have the success that is necessary in Glasgow at the end of this year.

Environment Bill

Caroline Lucas Excerpts

Report stage & 3rd reading
Wednesday 26th May 2021 Commons Chamber

This Environment Bill is a fantastic step forward. It provides a strong platform for our negotiations at the UN biodiversity conference and our presidency of COP26 this autumn, and I look forward to telling Des at our next meeting the good news that we have passed the Bill.

[Caroline Lucas (Brighton, Pavilion) (Green) [V]]

I am pleased to speak in this vital debate. Given the short time that we have, I shall focus on new clauses 21 and 22, two wide-ranging new clauses tabled by the Government, and my amendments (a) and (b), which I plan to press to a Division.

These new clauses would give the Secretary of State the power to amend the Conservation of Habitats and Species Regulations 2017. These are critical pieces of legislation, the mainstay of conservation law. Although there is undoubtedly a strong case for aligning laws that protect habitats and species with the goal of halting the decline of nature by 2030, I am concerned that the Government proposal is for new regulations that in fact could replace the habitats regulations and risk losing vital protection for wildlife, rather than adding to them. Yet the Bill is not a replacement for the nature directives. They serve two distinct purposes. The first—the Bill—sets an overarching nature’s recovery. The second provides protection for particular species and habitats, including particular local populations and individual specimens.

In order to fully restore nature, we need both species and site-specific protection, as well as a bold overall goal. As these new clauses are currently drafted, though, they risk removing the much needed protection of species and nature-critical areas, such as great crested newts or special areas of conservation, with significant damage to particular wildlife being masked by hoped-for overall trends of improvement. We know that the scale and health of individual populations are crucial to restoring biodiversity. I am also concerned that there has been no prior consultation or engagement with stakeholders on these amendments and that neither an impact assessment nor the supplementary delegated powers memorandum has been published.

In the light of those concerns, I have tabled two small amendments to new clause 21, simply replacing “instead of” with “in addition to”, which would ensure that the existing objectives in the Conservation of Habitats and Species Regulations are not replaced, but added to. They would enable the habitats regulations to be aligned with the objectives outlined in the Environment Bill without risking the protection of specific sites, species or populations.

These amendments are not about being frozen in time. I recognise that change is necessary—I was online earlier listening to the Minister’s introductory remarks, so I heard what she said—but the new framework must be about improving environmental protection rather than creating the potential at least to weaken it. Even if this Government have no plans to weaken regulations, as I hope they do not, this is a once-in-a-generation Bill and it must be future-proofed. There is no guarantee that a future Minister in a future Government will not choose to use this opportunity to water down protections, and we need safeguards against that. These are therefore entirely reasonable amendments, which I hope very much the Government will support.

In the last bit of time that I have left, I simply want to say a few words about new clause 16, tabled by the right hon. Member for Chipping Barnet (Theresa Villiers), which would make the protection of biodiversity a condition of planning permission. I am sure the Minister is aware of the threat currently faced by Knepp estate, one of the UK’s best known and most successful rewilding projects, by a development being proposed by Thakeham Homes, which would destroy local habitat and obstruct vital wildlife corridors and connections between Knepp and neighbouring areas. As this project will deliver on the objectives laid out in the Environment Bill, I would welcome confirmation that the Minister is in contact with the Secretary of State for Housing, Communities and Local Government to ensure that he is championing its cause and will intervene in this case.

It has been 25 years since the last UK-wide Environment Act was passed. In that time, the speed and scale of destruction have increased dramatically. We need a bold new Bill and we need to do more to make this Bill what we need.

[Miss Sarah Dines (Derbyshire Dales) (Con)]

It is with great pleasure that I rise today to speak on this important Bill and on a vital issue that is central to the people of Derbyshire Dales and, indeed, of the world. This is a landmark Bill and I have been waiting for it for many years.

Environmentalism is at the heart of building back better, not just on these islands but as part of the Prime Minister’s vision for a global Britain. Tackling climate change and biodiversity loss was listed as the United Kingdom’s No.1 international priority in the recent review of defence and foreign policy. There can be no doubt that the environment is safest when it is in the hands of a sensible Conservative Government. Rather than delivering hot air, this Government are delivering conservation.

Of special interest to Derbyshire Dales is what the Government are doing in relation to tree planting and peatland restoration. These are huge issues locally and should be so internationally. It is through the nature for climate fund and also with the creation of the Nature Recovery Network that we will see better policies and better things going forward. We will also get a more connected and richer wildlife habitat.

I welcome the fact that, in a 25-year environment plan, the Government will be introducing three new schemes, which are very well thought out and planned, to reward farmers and land managers for producing public goods. Such planning is non-existent on the Opposition Benches. These schemes are most welcome and will be adapted, I am sure, to suit all of our farmers, including my upland farmers in Derbyshire Dales.

In the months since my election, I have been delighted to meet and work with organisations locally that care deeply about this—they are committed to the environment in Derbyshire Dales—such as Moors for the Future partnership, which is leading the country in this area, and the Minister knows full well about its work. This work is vital and it is the Conservative Government who are supporting it. Free of the shackles of Europe, we can focus on what we can do on our part of this precious planet.

I have visited many farmers in my constituency. They are a quiet and rugged people. They do not need to be attacked; they need to be supported. They live and work in a day-to-day partnership with nature, and this Government are doing that. I know just how much all the people of Derbyshire Dales care about the environment. I recently met with the Wirksworth Anglican church and other churches in the Wellspring group, which care passionately about the environment. Whatever people’s politics, if they care about the environment, I will work with them and get this Government to continue their good work on the environment.

With new technology and industry, under this Conservative Government we will be leading the way for not just a greener UK but a greener world. Derbyshire County Council, ably led by Councillor Barry Lewis and his newly elected Conservative colleagues, is at the forefront of plans to try to introduce a fleet of zero-emission hydrogen buses, supported by smart mobility hubs. These are huge advances being made by Conservatives working together across the whole nation. There is also the county council’s new £2 million green entrepreneurs fund, which will support small and medium-sized businesses. In terms of the emphasis on local authorities, Derbyshire Dales District Council, led by Councillor Garry Purdy and his hard-working councillor Sue Hobson as deputy, works tirelessly on environmental issues, promoting things as small as wild flowers and trees, which are hugely significant.

In conclusion, the people of Derbyshire Dales, the farmers who till this land and care for their livestock and the people who live on our moors and our uplands are in touch with the environment; they need support and help, and this Government are giving it. While they need no prompting to look after that landscape, the provisions in the Bill will make their job a lot easier. This is a Government who are actually delivering.

Environment Bill

Caroline Lucas Excerpts

Report stage & Report stage: House of Commons
Tuesday 26th January 2021 Commons Chamber

[Caroline Lucas (Brighton, Pavilion) (Green) [V]]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker]

With this it will be convenient to discuss the following:

New clause 5—State of nature target—

‘(1) It is the duty of the Secretary of State to set a target to halt and begin to reverse the decline in the state of nature in England as soon as reasonably practicable and no later than 2030.

(2) The target in subsection (1) shall be known as the state of nature target.

(3) The Secretary of State must ensure that the state of nature target is met.

(4) A draft statutory instrument containing regulations that make provision for how progress toward the state of nature target will be measured must be laid before Parliament at least one month before the fifteenth Conference of the Parties to the Convention on Biological Diversity.

(5) Before laying before Parliament a draft of a statutory instrument under this section, the Secretary of State must obtain, publish and take into account the advice of relevant experts, including—

(a) The Environment Agency;

(b) Natural England;

(c) The Office for Environment Protection; and

(d) The Joint Nature Conservation Committee.

(6) In this section—

(a) the abundance and distribution of species;

(b) the risk of extinction; and

(c) the extent and condition of priority habitats.’

This new clause would place a duty on the Secretary of State to set and meet a target to begin to reverse the loss of biodiversity in England no later than 2030. This timetable would align with the new Convention on Biological Diversity goals that are due to be agreed in 2021.

New clause 9—Environmental objective and commitments—

‘(1) In interpreting and applying this Act, any party with duties, responsibilities, obligations or discretions under or relating to it must comply with—

(a) the environmental objective in subsection (2); and

(b) the commitments in subsection (3).

(2) The environmental objective is to achieve and maintain—

(a) a healthy, resilient and biodiverse natural environment;

(b) an environment that supports human health and well-being for everyone; and

(c) sustainable use of resources.

(3) The commitments are—

(a) all commitments given by Her Majesty’s Government in the United Nations Leaders’ Pledge for Nature of 28 September 2020, including, but not limited to, the urgent actions committed to be taken by it over the period of ten years from the date of that pledge;

(b) any enhanced commitments given by Her Majesty’s Government pursuant to that pledge, any other pledge, and any international agreement; and

(c) all relevant domestic legislation, including, but not limited to, the Climate Change Act 2008, as amended from time to time.

(4) Without prejudice to the generality of the requirement in subsection (1), that requirement applies to—

(a) the Secretary of State in setting, amending and ensuring compliance with the environmental targets; preparing, amending and implementing environmental improvement plans; and performing all their obligations and exercising all their discretions under this Act;

(b) the Office for Environmental Protection and the Upper Tribunal in performing their respective obligations and exercising any applicable discretions; and

(c) all other persons and bodies with obligations and discretions under, or in connection with, the subject matter of this Act.’

New clause 11—Environmental targets: plastic pollution—

‘(1) The Secretary of State must by regulations set targets (“the plastics reduction targets”) in respect of the reduction of plastic pollution and to reduce the volume of non-essential single-use plastic products sold.

(2) The plastics reduction targets may, but need not, be long-term.

(3) The duty in subsection (1) is in addition to (and does not discharge) the duty in section 1(2) to set a long-term target in relation to resource efficiency and waste reduction.

(4) Section 1(4) to (9) applies to the plastics reduction targets and to regulations under this section as it applies to targets set under section 1 and to regulations under that section.

(5) In this section—

(a) the term “plastics pollution” means the introduction of plastic materials or plastic-containing products into the environment, and

(b) the term “non-essential single-use plastic products” means products intended to be used once then disposed of where their use is not essential for medical, environmental, health and safety, national security or other essential purposes as defined by the Secretary of State.’

This new clause would require the Secretary of State to set targets to reduce plastic pollution and reduce the volume of non-essential single-use plastic products sold.

New clause 14—OEP function to consider housing targets—

‘(1) The OEP will have the power to consider appeals on housing targets set by public authorities in England.

(2) An individual affected by the targets in subsection (1) will have the right of appeal to the OEP.

(3) In determining an appeal under subsection (1) the OEP may either—

(a) reject; or

(b) reduce the housing target set by the public authority.

(4) In dealing with the appeal set out in subsection (1) the OEP must have regard to the impacts the housing targets will have on compliance with the UK’s environmental targets.’

New clause 15—Net zero carbon target as condition of planning permission—

‘(1) The Town and Country Planning Act 1990 is amended as set out in section (2).

(2) After section 70(2), insert—

“(2A) Any grants of planning permission for residential development in England must be subject to a condition to secure that a net zero-carbon target objective during construction and ongoing occupation of the building is achieved.”’

New clause 17—Strategy for new economic goals to deliver environmental protection and societal wellbeing—

‘(1) Her Majesty’s Government must prepare a strategy for the adoption of new economic goals to deliver environmental protection and societal wellbeing.

(2) “Environmental protection” in subsection (1) means the protection of humans and the natural environment from the impacts of human activity as defined in Clause 44.

(3) The new economic goals must address—

(a) the environmental targets in this Act,

(b) the Climate Change Act 2008,

(c) the UK’s commitments under international environmental agreements, laws and treaties,

(d) the wellbeing of future generations,

(e) the overseas environmental impacts of UK consumption and economic activity, and

(f) the contribution of the UK’s consumption and production to the state of the global environment, in relation to nine planetary boundaries—

(i) Stratospheric ozone depletion,

(ii) Loss of biosphere integrity (biodiversity loss and extinctions),

(iii) Chemical pollution and the release of novel entities,

(iv) Climate change,

(v) Ocean acidification,

(vi) Freshwater consumption and the global hydrological cycle,

(vii) Land system change,

(viii) Nitrogen and phosphorus flows to the biosphere and oceans, and

(ix) Atmospheric aerosol loading.

(4) The strategy must—

(a) set out how the new economic goals will replace growth in gross domestic product as the principal measure of national economic progress,

(b) set out a vision for how the economy can be designed to serve the wellbeing of humans and protect the natural environment,

(c) include a set of indicators for each new economic goal, and

(d) set out plans for the application of new economic goals and indicators to central and local government decision-making processes including but not limited to Central Government Guidance on Appraisal and Evaluation produced by HM Treasury (The Green Book).

(5) In drawing up the strategy, Her Majesty’s Government must obtain, publish and take into account the advice of—

(a) experts in the field of ecological economics,

(b) a nationally representative citizens assembly,

(c) trades unions,

(d) businesses,

(e) statutory agencies,

(f) representatives of local and regional government, and

(g) any persons the Secretary of State considers to be independent and to have relevant expertise.

(6) The strategy must be laid before Parliament within 12 months of this Act receiving Royal Assent.

(7) The Government must lay before Parliament an annual report on progress towards meeting the new economic goals and their efficacy in delivering environmental protection and societal wellbeing.

(8) A Minister of the Crown must, not later than one month after the report has been laid before Parliament, move a Motion in the House of Commons in relation to that report.’

This new clause requires the Government to prepare a strategy for the adoption of new economic goals that are designed to deliver environmental protection and societal wellbeing and to report annually on these goals.

Amendment 21, in clause 1, page 2, line 4, at end insert—

‘(e) Public access to and enjoyment of the natural environment.’

This amendment is designed to require the Government to set legally-binding, long-term targets to increase public access to, and enjoyment of the natural environment.

Amendment 40, page 2, line 20, at end insert—

‘(10) In setting a target, the Secretary of State must take into account any targets set by Senedd Cymru.

(11) If the UK Government seeks to spend funds from the Shared Prosperity Fund on infrastructure in Wales, an impact assessment must be carried out and published on the effect of the infrastructure project on the target set by Senedd Cymru.

(12) If the impact assessment under subsection (11) finds that the infrastructure project would have a negative effect on the achievement of the target set by Senedd Cymru, the Secretary of State must seek and receive the consent of Senedd Cymru to that infrastructure spending.’

This amendment would ensure that the consent of Senedd Cyrmu would be required before the UK Government could use the financial assistance powers in the UK Internal Market Bill to spend via the Shared Prosperity Fund on infrastructure projects in Wales which would undermine environmental targets set by Senedd Cymru.

Amendment 2, in clause 2, page 2, line 24, leave out subsection (2) and insert—

‘(2) The PM2.5 air quality target must—

(a) be less than or equal to air quality guidelines established by the World Health Organization in 2005; and

(b) have an attainment deadline on or before 1 January 2030.’

This amendment is intended to set parameters on the face of the Bill to ensure that the PM2.5 target will be at least as strict as the 2005 WHO guidelines, with an attainment deadline of 2030 at the latest.

Amendment 25, page 2, line 24, leave out subsection (2) and insert—

‘(2) The PM2.5 air quality target must—

(a) be less than or equal to 10µg/m3;

(b) follow World Health Organisation guidelines; and

(c) have an attainment deadline on or before 1 January 2030.’

This amendment is intended to set parameters on the face of the Bill to ensure that the PM2.5 target will be at least as strict as the 2005 WHO guidelines, with an attainment deadline of 2030 at the latest.

Amendment 5, in clause 4, page 3, line 31, at end insert

‘, and

(c) interim targets are met.’

This amendment places a duty on the Secretary of State to meet the interim targets they set.

Government amendment 6.

Amendment 28, in clause 7, page 5, line 12, leave out “may” and insert “must”

This amendment would require the Government to include steps to improve people’s enjoyment of the natural environment in its Environmental Plan.

Amendment 39, page 5, line 21, at end insert—

‘(7A) If an exemption is granted under Article 53 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council, concerning the placing of plant protection products on the market, which is likely to affect species covered by an environmental improvement plan—

(a) a report must be laid before Parliament within one month of the exemption decision on the likely effects of the exemption on populations of—

(i) bees,

(ii) other pollinators, and

(iii) other species,

(b) the scientific advice given to ministers relating to the exemption must be published as an addendum to the report, and

(c) a Minister of the Crown must, not later than one month after the report is laid before Parliament under paragraph (8), move a Motion in the House of Commons in relation to the report.

(7B) The requirement in subsection (7A) shall apply retrospectively to exemptions granted within the last 12 months of the coming into force of this Act.’

This amendment places requirements on Ministers to allow parliamentary scrutiny of exemptions granted to allow plant protection products banned under retained EU law (such as neonicotinoid pesticides), where they are likely to impact bees and other species covered by an environmental improvement plan.

Amendment 4, in clause 16, page 10, line 15, at end insert—

‘(3A) When applying the precautionary principle, the policy statement must comply with the provisions of the regulator’s code and must include—

(a) a procedure for identifying and recording risk; and

(b) a procedure for identifying and recording the social, economic and cultural impacts of action and inaction.

(3B) The policy statement in subsection (3A) must also include instructions for taking into account all activities with an environmental impact on any area of land under consideration and a procedure for ensuring that any action taken—

(a) is proportionate to the risk posed by each activity on the land being considered; and

(b) balances short term impacts against the achievement of the land’s conservation objectives.

(3C) The precautionary principle should only apply in response to risks that are—

(a) more than hypothetical in nature; and

(b) serious and irreversible.’

This amendment sets out the definition of the precautionary principle when it is used in accordance with the provisions of this Bill.

Amendment 1, in clause 18, page 11, line 20, leave out from “benefit” to end of clause and insert—

‘(3) Subsection (1) does not apply to policy so far as relating to Wales.’

This amendment removes the proportionality limitation and the exceptions for armed forces, defence policy, tax, spending and resources from the requirement to have due regard to the policy statement on environmental principles.

Amendment 43, page 11, line 24, leave out paragraphs (b) and (c).

This amendment removes the exceptions for armed forces, defence and national security policy from the requirement to have due regard to the policy statement on environmental principles. It also removes the exceptions for tax, spending and allocation of resources.

Amendment 23, page 14, line 29, leave out Clause 24.

Government amendment 31.

Amendment 44, in clause 45, page 27, line 15, leave out paragraphs (b) and (c).

This amendment removes the exceptions for armed forces, defence and national security policy and the exceptions for tax, spending and allocation of resources from the definition of environmental law.

Government amendments 9 to 20.

[Caroline Lucas]

I am pleased to move new clause 1. This Bill could not be more important. It is 25 years since the last dedicated Environment Act was passed. During that time, the speed and scale of environmental destruction has increased dramatically. The UK is now one of the most nature-depleted countries in the world, and Ministers simply are not rising to that challenge. According to the Royal Society for the Protection of Birds, the Government are failing to meet fully 17 out of 20 UN biodiversity targets.

Despite the Government’s aim to be

“the first generation to leave the environment in a better state than we inherited it”,

this Bill has languished in Parliament for more than 200 days before Committee resumed. As a consequence, there is now a governance gap, with only interim measures in place where a fully-fledged Office for Environmental Protection should have been. Worse, we now hear that the Bill is to be delayed by at least six months, because Ministers have apparently run out of time to pass it in Parliament.

Of course we understand the pressures that covid has put on the parliamentary timetable, but the Government have had more than four years since the referendum, two years since the draft Bill was published and one year since the UK left the EU to get these plans in place. Their failure to do so is utterly incompetent. Will the Minister give us a precise date for both the next Report stage and the missing policy statement that is linked to the environmental principles? It is to those principles that I now turn, because my new clause 1 and amendment 1 are on the environmental principles, and I plan to push new clause 1 to a vote.

Ministers promised that, post Brexit, environmental standards would be not only maintained but enhanced, yet this Bill does not even come close to making up for what we have lost by leaving the EU. It sets out five important principles, including prevention, precaution and polluter pays. Under EU law, it is a requirement that those are actually applied when law making and that they cover all public bodies, not just Ministers. However, the Bill significantly weakens their legal status because they do not apply to public bodies, and there is no such duty on Ministers to act in accordance with the principles. Instead, there is only a duty to “have due regard” to a policy statement that the Government have not even bothered to published yet.

The Minister has tried to persuade us that “due regard” is at least as strong as “in accordance with”, yet her case simply does not stand up to scrutiny. In 2018, the Lords Select Committee on the Natural Environment and Rural Communities Act 2006 found that the duty to “have regard” to contained in that Act was

“weak, unenforceable and lacks clear meaning.”

Adding the word “due” in front of “regard” does not change that. There are plenty of examples of other legislation in which public authorities are required by statute to act in accordance with or to take actions to comply with—for example, the Marine Strategy Regulations 2010 or the Planning Act 2008.

We can only conclude that, in this instance, the Government deliberately intend to weaken these provisions and, as a consequence, to drive a coach and horses through fundamental EU protections. New clause 1 would extend the duty to all public authorities and broaden the scope of the principles. Crucially, it would strengthen the duty from “have due regard” to “act in accordance with”, and it would apply directly to the principles, rather than a non-existent policy statement.

Amendment 1 addresses further absurdities in the Bill—in this case, the exclusion of the Ministry of Defence, the Treasury, and indeed anyone spending resources within Government, from having to consider the principles at all. That really is ludicrous. My amendment therefore removes the proportionality limitation from the environmental principles, as well as the exclusions for the MOD and the Treasury.

New clause 17 is vital because it recognises that even if we do succeed in strengthening this Bill, efforts to protect and restore nature will ultimately fail unless we also address the underlying economic drivers of biodiversity and ecosystem destruction. The new clause therefore requires the Government to prepare a strategy for the adoption of new economic goals so that social and environmental gains sit at the heart of the Government’s economic plans and measurements. If we stick with the current economic rulebook, we will continue to see the hard work of DEFRA undermined by the overriding short-term economic priorities of the Treasury, and above all the pursuit of infinite GDP growth on a planet of finite resources. For decades, we have seen Ministers commit to environmental goals and targets only for those goals to be missed time and again. Nature’s dangerous decline continues apace, at a high cost to current and future generations. This time we need to do things differently. Some major business voices are also urging Government to do the same. Consider this from the Business for Nature coalition, which says:

“Governments, companies and financial organizations would take better decisions if they used information ‘beyond short-term profit and GDP’ that includes impacts and dependencies on nature, as well as synergies and trade-offs informed by science and planetary boundaries.”

New clause 17 is all about better, more consistent decision making across Government so that the environmental ambition in this Bill is not undermined by conflicting goals of other, more powerful Departments. While I will not be pressing it to a vote, I do hope that the Minister will commit to taking this forward with the urgency it requires.

Turning to amendment 21, green space has become more important than ever over the past 10 months, yet access to nature is far from equal. My amendment seeks to address that. Some 2.6 million people in the UK have no publicly accessible green space within walking distance, and one in eight British households has no access to a garden—an inequality that disproportionately affects those in black and minority ethnic communities. Currently the Bill states:

The Secretary of State may…set long-term targets”

on

“people’s enjoyment of the natural environment.”

However, because this is not a priority area, it risks being overlooked, with funding and resources being diverted elsewhere. My amendment remedies this omission by promoting access to and enjoyment of nature as a priority area for long-term targets. This change not only has the potential to equalise access to nature but would also come with wider benefits to physical and mental health.

Finally, I would like to indicate support for a number of other amendments, including amendment 23 on the Office for Environmental Protection. When it comes to enforcement, the OEP is being presented as a new, independent watchdog. In reality, it is more like a ministerial lapdog kept on a tight leash, with Ministers given the power to steer it by offering so-called guidance that the OEP is bound to consider. Since Ministers also control its budget and its board, it is entirely likely that such guidance will actually be felt, in practice, rather more as an instruction. The Minister has argued that the Government already routinely offer guidance to other non-departmental public bodies. While it is true that they do to some, they certainly do not have power to issue guidance in relation to bodies charged principally or partly with enforcing potential breaches of the law by other public bodies. That is a crucial difference. That is why I support the amendment that would delete this guidance, which was added to the Bill at a very late stage.

I also support amendments that intend to ensure that interim targets are legally binding. There are strong amendments to improve air quality, and to align our state of nature targets with those from the convention on biological diversity and with the objectives of the Climate and Ecological Emergency Bill, which I introduced into Parliament last year.

This is a hugely important Bill. It is unbelievable that we are seeing, yet again, a delay to its coming forward. The Minister must now undertake that in the extra time she is going to achieve, she will strengthen the Bill to make it fit for purpose so that it comes close to some of the aspirations that she and her fellow Ministers have expressed before.

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I call the Minister, let me say that, as I have indicated, there is a four-minute limit on Back-Bench contributions. The vast majority of contributions will be via videolink. Can I say to those who are contributing via videolink that there is a clock on the device you are using, so please keep an eye on it? There are no interventions on you, so it should be straightforward as to when you finish your contribution. If you try to exceed that time, you will be automatically cut off. For those contributing in the Chamber, the clocks will be working in the usual fashion.

--- Later in debate ---

I am now going to conclude, Madam Deputy Speaker, because I know that you are hem-hemming at me. I thought you said 5.40, so I am going for it. I just want to say that we are delivering on our commitment to the environment, despite the pandemic, and we want to build back a fairer, greener and more resilient future. We will continue to work in the gap before the second day of the Report stage and we will achieve Royal Assent before COP26.

[Caroline Lucas [V]]

I thank all Members for their important contributions to the debate, but there is really only one test that matters when it comes to this Bill: does it improve on the protections that we enjoyed as EU members, and is it up to the challenge of the accelerating nature and climate emergencies? Sadly, the answer is no on both counts.

Time and again this afternoon, we have heard that the Bill lacks both ambition and urgency. As many hon. Members have said, with two vital UN meetings on biodiversity and climate this year, it is even more important that we have our own house in order. We cannot hope to influence the performance of other countries if we have not demonstrated leadership in our own domestic policy.

I particularly support those speeches in favour of more ambitious, legally enforceable air quality targets, which are needed now. A number of hon. Members made reference to the tragic death of nine-year-old Ella Kissi-Debrah. Strong, binding legislation would be the only fitting tribute to her and to her mother, who has campaigned so tirelessly for that. I welcome the fact that the Minister has said she will look at it again.

On the state of nature, the case for legally binding interim targets was powerfully made by Members on both sides of the House. I hope that the Minister will take account of that. I noticed that she did not commit to legally binding targets for 2030, or that the interim targets should be binding, yet that is essential if we are to improve on the Government’s woeful record; they have actually gone backwards on six of the 20 UN biodiversity targets.

I am not reassured by what the Minister said about the independence of the OEP or the strength of the environmental principles. On the OEP, she says that the guidance is intended simply to address ambiguities. That is not the way the Bill is written. The Bill is written in such a way that Ministers will be able to give instruction to that body, not least because they will also give it its budget and have a major say on who makes up its board. That means that the Government will have a disproportionate impact on the OEP, which should be truly independent.

On the principles, I noticed with interest that the Minister appears to have given up trying to persuade us that “due regard” is at least as strong as “in accordance with”. I assume that is because she recognises that that case cannot be made because it is simply not true. In that case, I hope she will undertake to revise that element of the Bill.

The Minister says that applying the principles to public bodies as well as to Ministers is too burdensome. I remind her that it simply replicates what we enjoyed as members of the EU, which was not seen to be too burdensome, and that her Government promised that they would increase the ambition of EU legislation, not water it down in this way. The Environmental Audit Committee, in its pre-legislative scrutiny, concluded:

“This aspect of the Bill is not fit for purpose.”

The Committee recommended that the principles should be

“put on an unqualified legal basis”

and extended to all public bodies, and I echo that conclusion.

I take heart from the strong statements of support for more ambitious action on the environment from Members on both sides of the House, but those on the Government side need to understand that, as it is currently drafted, the Bill will not even make up for the protections we have lost as a result of leaving the EU, let alone improve on them, and that unless we fix our broken economic system as my new clause 17 sets out, we will not achieve anything like sustainability anywhere near fast enough.

I urge the Minister again to use the time gained by the delay to the Bill to increase its strength and ambition. It could not be more urgent. Over the course of my lifetime alone, populations of some of our most important wildlife have plummeted by over half, and over 15% of species are now threatened with extinction. As the right hon. Member for Leeds Central (Hilary Benn) said in his powerful speech, if we are not going to be ambitious now, when are we? New clause 1 would re-establish a legally binding architecture for essential environmental protections, and I would therefore like to press it to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Bill Esterson]

The film “Dark Waters” shows just what goes wrong, with the disastrous consequences for human life, animal life, plant life and pollution, where there is a lack of regulation in the chemicals industry. Mark Ruffalo brilliantly played the lawyer who took on the might of DuPont and won on behalf of so many who were disadvantaged.

Of course, in this country we benefit from the highest chemical standards in the world—the previous regime made sure of that—and the industry rightly wants to maintain those standards and indeed build upon them. The industry in this country is worth £31.4 billion in exports and employs 102,000 people in well-paid jobs, and chemicals are in everyday products; in the Liverpool city region they are part of our car manufacturing sector and we have many fine chemical industry companies, including Blends Ltd and Contract Chemicals just a few miles outside my constituency. They want to maintain those high standards and they want to build on them; they want to build on them so that new products and services can be developed, and so that innovation in the recycling of plastics can be enhanced. To deliver on that agenda, they need the support of the Government through this Bill.

Unfortunately, we have already seen standards weakened through the changes to UK REACH, and powers in this Bill will give the Government the opportunity to further reduce them, leaving open the prospect of dumping lower-standard products, undermining the excellence of the industry in this country.

Industry here wants no divergence; it wants to solve the problem of the £1 billion cost to access the database that businesses need to be able to continue producing in this country. Unless these problems are resolved, we will see an impact on that £31.4 billion of exports, with companies given no choice but to move their manufacturing capacity to the continent of Europe.

There is much at stake here; there is much at stake in maintaining and enhancing those standards for human health, for animal health, for plant life and for British jobs. The Minister said that she has a good relationship with the industry. She can demonstrate that good relationship by supporting amendment 24.

[Caroline Lucas [V]]

My new clause 13, on the application of pesticides in rural areas, follows a very similar amendment made to the Agriculture Bill in the other place. Although it was later removed by the Government during the final stages, it enjoyed wide cross-party support, as I hope this new clause will.

As it stands, the Environment Bill lists air quality, water and biodiversity as priority areas for long-term target setting, alongside waste, but it does not recognise the environmental harm caused by the use of pesticides, and the need to protect human health is omitted entirely. My new clause seeks to remedy that by requiring the Secretary of State to make regulations prohibiting the use of chemical pesticides near buildings and open spaces used by rural residents and members of the public, whether hospitals, schools or homes. That is crucial for improving air quality and protecting human health and the environment.

It is important to recognise that this is about not the misuse or illegal use of pesticides, but the approved use of crop pesticides in the locality where rural communities are present, yet there are still no specific restrictions on the contamination and pollution of the air from widespread spraying of pesticides in rural areas. Indeed, the UK’s regulatory system assesses the safety of only one chemical at a time, yet rural residents are exposed to a cocktail of harmful pesticides spread on nearby farms. Furthermore, although operators generally have protection when using agricultural pesticides, residents have absolutely no protection at all.

We cannot restore and enhance our environment while continuing to ignore the damage caused by pesticides in our intensive food and farming system. In that light, the Government should be standing up for rural residents and communities and protecting them from harm. That is what my new clause 13 seeks to do.

My new clause 18 would require the setting of targets for the reduction and replacement of animal testing under REACH regulations. It has been estimated that, by mid-2019, tests had been performed on about 2.4 million animals. In the last reporting period, the UK used the highest number of animals in experiments of any country in Europe. Although the Government have protected animal testing as a last resort principle from REACH in the Bill, this is an opportunity to go further and demonstrate real leadership by setting targets to replace animal testing.

Tests on animals are notoriously unreliable and are increasingly being questioned by the science. The scientific advancement of non-animal tests and approaches allows us better to predict hazard and manage risk while avoiding or significantly reducing the use of tests on animals—all in a shorter timeframe, with fewer resources used. That is better for human health and animals. I therefore urge the Minister to look again at this important issue and support the new clause.

[Madam Deputy Speaker (Dame Eleanor Laing)]

We will try to go back to Geraint Davies.

Agriculture Bill

Caroline Lucas Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Monday 12th October 2020 Commons Chamber

[Victoria Prentis]

If I may, I will make a tiny bit of progress, otherwise we really will be here for another 100 hours.

The purpose behind Lords amendment 1 is to demonstrate the connections between this Bill and the Environment Bill. I am pleased to say that these connections very much exist already. Environmental improvement plans will already definitely be taken into account when determining the strategic priorities that sit within the multi-annual financial assistance plans in clause 4.

It is lovely to see the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Taunton Deane (Rebecca Pow), in her place. She and I work very closely together. Ours is a very united Department, and we view farmers and environmentalists as often very much one and the same. Our future farming policies will be a key mechanism for delivering the goals set out in the 25-year environment plan, but we can take the steps we need to improve biodiversity only if the majority of farmers are firmly on side.

On Lords amendment 9, I would like to reassure the House that work is already taking place in this sphere. We have already commissioned an independent review of the food sector, led by Henry Dimbleby, and his interim report was released in July. We take his recommendations very seriously. We have made a firm commitment to publish a food White Paper within six months of his final report, which is expected next spring. This could well lead to a report sooner than is actually proposed in the amendment.

[Caroline Lucas (Brighton, Pavilion) (Green)]

Does the Minister realise why some of us would be a little bit sceptical about her reassurances on timescales, given that the Environment Bill has gone missing for the last 200 days? Why should we believe her when she tells us that this is going to come forward shortly? Why not just accept this amendment? It is going in the same direction as she says she wants to go, so she should just accept it, and it would make it a lot easier.

[Victoria Prentis]

I am currently on amendment 9. I wonder if the hon. Lady was talking about the previous amendment; I am not sure. Nevertheless, I am delighted to say that enjoying at the moment I am what my predecessor referred to as my loaves and fishes week: I have agriculture today and fish tomorrow. I would say that Department for Environment, Food and Rural Affairs legislation is very much front and centre in the business of the House this week. My hon. Friend the Under-Secretary is looking forward very keenly to bringing forward the Environment Bill, and I am sure that the hon. Lady will have further news on that shortly.

--- Later in debate ---

[Victoria Prentis]

I know that the hon. Gentleman has campaigned on this matter for some time. He has heard what the Department for Education has to say about that. The scheme that I am discussing is the £63 million scheme, which of course did not go just to families with children, although they were heavily represented among the recipients of that scheme. We will pass on those comments and those of the Trussell Trust and, of course, the EFRA Committee when considering how we tackle food poverty directly over the course of this winter. We all know that this is going to be a difficult time for many.

Returning to the Bill, we already have powers in what was originally clause 17, which commits the Government to

“lay before Parliament a report containing an analysis of statistical data relating to food security”

in the UK. We listened to the concerns raised regarding the frequency of the food security report and, through Lords amendments 5 to 8, reduced the minimum frequency of reporting from five years to three years. Of course, we can still report more often than that, and in times of strain on food supply that might well be appropriate.

Turning to Lords amendment 11, I recognise the positive intentions behind the amendment, but I am afraid I take issue with the drafting. The Government are committed to reducing the risks from pesticide use. We have already tightened the standards for authorisation and withdrawn many pesticides from the organophosphate and carbamate classes. Integrated pest management will be a critical part of future farming policy. Under our existing legislation, the use of pesticides is allowed only where a scientific assessment shows that it will have no effect on human health, including that of vulnerable groups.

The amendment, although undoubtedly well intentioned, is far too broad. It extends to any pesticide and any building, and would include pesticides that are important for productivity but pose no danger whatsoever to health. Even worse, it also extends to any open space used for work, which on my reading would prohibit the use of pesticides in fields entirely. I encourage hon. Members to read the amendment carefully before supporting it.

[Caroline Lucas]

The Minister will know that Lords amendment 11 is based on one that I tabled, which the Lords supported. I think she misrepresents the amendment. It is perfectly clear that it would be possible for the Government to bring forward regulations to specify exactly the minimum distances. It is no coincidence that Lord Randall himself has said how important it is that this amendment is passed to protect human health. That is what we need to do. The Government could go away and design the regulations, but this is the overarching amendment to achieve that.

[Victoria Prentis]

I am afraid I do disagree with the hon. Lady’s reading of the amendment. My case would be that we already have regulation in place to protect human health from risks, including those in the vulnerable sectors of society, which I mentioned.

--- Later in debate ---

[Victoria Prentis]

I have turned, I fear.

Amendment 17 is another well-intentioned amendment, but it would add an unnecessary layer of complication. The Secretary of State is already required to have regard to the Government’s commitment to achieving net zero under the Climate Change Act 2008. The Government have also introduced carbon budgets, which cap emissions over successive five-year periods. If we are to achieve the UK’s net zero target, emissions reductions will be needed in all sectors. Not setting sector-specific targets allows us to meet our climate change commitments in the best and speediest way. Agriculture has an important role to play in reducing emissions, but we must recognise that planting trees and restoring peatland will take a very long time—probably not my lifetime—to deliver the best results.

We will continue to work closely on that issue with the NFU and others, including the greenhouse gas action plan partners.

[Caroline Lucas]

Given that emissions from agriculture have not decreased—they have remained static for years—there is every good reason to focus on the role of agriculture in driving climate change. It is not just a question of planting trees, which, as the Minister says, takes a long time. She could start by not burning the peatlands, which is leading to more and more climate change right now. That is the kind of immediate measure that could be in the Bill.

[Victoria Prentis]

I am sorry if I did not explain myself clearly enough. Of course we are committed to reducing emissions from agriculture, which produces about 10% of emissions, as the hon. Lady knows. It is important to work on that. I commend the NFU, which has set an ambitious target for doing just that. Many measures will be set out in the Environment Bill, which will come before the House shortly. Of course, the Agriculture Bill will be a key part of delivering net zero, as our future farming schemes are a powerful vehicle for achieving that goal.

--- Later in debate ---

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

I am the son of a Berwickshire farmer, and I am proud to represent one of the most fertile parts of rural Scotland. The food producers in my borders constituency are the best in the business; the quality of our produce is second to none. Others have spoken in this debate on both sides of the question, particularly around food standards, and they are all just as passionate about their own local areas.

What this debate has shown more than anything is the consensus that exists across the House, reflecting the views of people across the country, that our high UK standards of environmental protection and food production are the right ones and that they must be preserved. Where there is disagreement, it is about how we can best do that in the years ahead.

I understand why some hon. Members will support these amendments from the House of Lords, and I understand why a number of my constituents got in touch to ask me to do the same, but I will not, for three main reasons. First, I do not believe that they are in the best interests of farmers and producers in Scotland and across the United Kingdom. We are in this position because we have left the EU, and we will soon be outside the common agricultural policy and the common commercial policy. It is worth taking a moment to remember that these matters were settled when we were members of the EU. The EU did not, does not and will not ask its trade partners to adopt all its environmental and food standards, as the amendments would ask the UK to do in the years ahead. The trade deals we now enjoy, which we hope to roll over, were signed on that basis. Making the proposed changes would put the continuation of those trading relationships at risk.

Secondly, the amendments are not necessary. The law already forbids the things they seek to guard against. Chicken washed in chlorinated water is banned in the United Kingdom. Growth hormones in beef are banned. In the last few decades, it was the EU that signed trade deals, and this House had no role in agreeing them. In the future, the House will be a player in that process. The UK Government will conduct the trade negotiations, and this Parliament will scrutinise the Government and hold them to account. In the end, Parliament can block an international treaty if it so chooses.

Thirdly and finally, I fear that these amendments would be harmful to some of the world’s poorest people. Requiring every country we do a trade deal with to match all our rules would make it virtually impossible to reach agreements with developing countries. Those countries might lack the necessary bureaucratic infrastructure to meet all our reporting requirements, or the rules designed for a rainy island in the north Atlantic might just not be suitable for their climates.

I do not doubt the sincerity of anyone supporting these amendments; I simply disagree that the amendments represent the best way forward. They are not in the interests of food producers, they are not necessary to protect food standards and they would be bad for trade. Free and fair trade is what allows us to enjoy food and drink from around the world that our great-grandparents had never heard of. It allows our producers to sell their exceptional quality products globally. It is what is lifting the most vulnerable people in the world out of poverty. Trade is a force for good, and with the high standards that we set in law and the enhanced scrutiny that this House will provide for years to come, we have nothing to be afraid of.

[Caroline Lucas]

Until the last speech, I was going to say how lovely it was to feel a common view coming from the Government and Opposition Benches. Let me just say why I think the last speaker was wrong. He said that if we adopted Lords amendment 16, for example, we would be imposing standards on developing countries that they could not reach. In fact, the EU has all sorts of arrangements with poorer countries precisely to be able to support them in improving their standards. There is nothing here that would inflict inappropriate standards on some of the poorest countries. The hon. Gentleman also said that our standards are safe, but they are not safe if they are going to be undermined by cheaper imports that do not meet those same standards. That is tantamount to handing a knife to our farmers and asking them to cut their own throats. It is not a sensible strategy.

I want to speak to some of the amendments from the other place and particularly to Lords amendment 9, on the national food strategy. The amendment stipulates what that strategy should contain, including things such as the sustainability of food production and consumption, improving dietary health, reducing obesity, minimising food waste, ensuring that public procurement supports a shift towards sustainable farming, and so on. It is significant that cross-party support for the amendment in the other place was strong.

The letter the Minister sent to MPs last week explained that the Government object to amendment 9 because it would

“impose arbitrary timetable requirements for objectives the Government has already committed to fulfil”.

I hope she will forgive us, but we want to see that commitment in the Bill. We have seen already in the debate that we do not trust vague commitments, and certainly not vague commitments that do not even have a timetable to them, given that, as I said earlier, the Environment Bill is already 200 days late.

Lords amendment 11 is about protecting people from the adverse health impacts of pesticide use. It addresses what crop pesticides are currently permitted in the localities of homes and schools, as well as the exposures, the risks and the acute and chronic adverse health impacts for rural residents. It does not specify the distance required between pesticide use and nearby public space—that is for secondary legislation—but I can tell the Minister that we had a lot of support from the Clerks in both Houses in the drafting of the amendment, and we are convinced that it is an effective amendment to protect human health. It is very significant that Lord Randall, who is a former environment adviser to the former Prime Minister herself, has said how vital the amendment is.

Recent events have revealed that the precautionary principle is one of the most important scientific principles we have, and we should be implementing it here. It does not substitute for the overall shift that we need to see towards agro-ecology, but it would do something to protect rural residents who look out of their windows right now and see farmers in protective equipment in their tractor cabs, protected from the impacts of the crops they are spraying, while those rural residents have no protection whatever. We should be standing up for them and protecting them, and that is what the amendment would do.

The Lords amendment on the climate emergency is vital. It would require the Secretary of State to have regard not just to the UK’s net zero target of 2050, but to the Paris climate agreement and the critical importance of acting now to drive a steep reduction in emissions by 2030. Right now, the Government are showing their world-beating ability to set long-term targets on climate change at the same time as demonstrating a world-beating ability to utterly fail to accompany them with either the policies or the funding required to deliver them. That amendment would put that right.

Finally, as others have said, it was laid down in the Government’s manifesto that they would maintain standards, yet when they are put to the test, they fail again and again. Those standards should not be put on the altar of a trade deal with the US and sacrificed; they should be implemented. That is what the Government promised in their manifesto, and that is what they should deliver.

[Sir Geoffrey Clifton-Brown]

After that rant, I am very pleased to take part in this debate. I have to commend my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont), because I think he gave one of the most outstanding speeches I have heard in this House.

I start by drawing attention to my declaration of interest as a farmer. I have lived with this subject for some 67 years of my life—my father was a farmer. I have a passion for the countryside, I have a passion for British farmers producing high-quality goods, and I have a passion for British farmers managing the British countryside in the way that it is, and that is the way the public want to see it continue to be managed. The Bill gives us an ideal opportunity, through the way we are going to purchase public goods, to continue to raise the standards of British agriculture.

I have been in this House for 29 years. I have not seen a single free trade agreement negotiated by the EU that has damaged British farming standards, and I do not believe that will happen in the future. I have listened to every word that my hon. Friend the Minister has correctly said from the Front Bench. What we do not want to do is jeopardise the 29 or so roll-over free trade agreements from the EU by passing legislation in this House tonight that would do such a thing.

While being passionate about maintaining high standards, I do not think that Lords amendments 12 and 16 are the way to do it. The way to do it, as was so rightly said by my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk, is through variable tariffs that make clear to our trading partners that if they do not adhere to our high standards, we will raise the tariffs on their goods. That is the way to do it.

The second way to do it is to beef up the Trade and Agriculture Commission. I say to my hon. Friend the Minister that the Government can do that unilaterally without any legislation. They can simply renew the term of the Trade and Agriculture Commission, and I urge her to have serious talks with the Department for International Trade to see whether that can be done. It does not need to be put in the Bill. We do not need amendments to the Bill. We might need to look at it in the Trade Bill if the Government are not sympathetic to my arguments, but that is a different matter for a different day, and I might well support amendments of that sort if I do not see progress.

There are lots of things I do welcome in the Bill, and my hon. Friend the Minister has been right to mention them, particularly Government amendment 2, which relates to multi-annual assistance plans for farmers. That is absolutely vital for how we will support our farmers in the 21st century. We want them to be producing more of the food that our British consumers eat. While I have been in this House, I have seen more and more goods imported into this country, whereas if our farmers could start to produce more, all those imports—things such as yoghurt and cheese—could be replaced with goods produced in this country. If we keep up our high standards, we will continue to export more and more to other countries. Recently, we have seen our pork and milk powder go to China and my excellent Cotswold lambs go to France. There is a huge opportunity around the world if we keep our standards up. That is the way we need to go: not dumbing everything down, but keeping standards up.

I am delighted that some of my ideas on food security are in amendments 5 and 6 and will be included in the Bill. That is important and gives our farmers the stimulus to produce more of the high-quality food we want to eat. One thing that the coronavirus lockdown taught us was that the supermarkets, such as Waitrose and even Lidl, that went out of their way to promote British food did best and are now prospering in a way that they had not previously.

The Government should not accept amendments 12 and 16, but they should act through tariffs.

Agriculture Bill

Caroline Lucas Excerpts

Report stage & Report stage: House of Commons
Wednesday 13th May 2020 Commons Chamber

[Caroline Lucas (Brighton, Pavilion) (Green) [V]]

I am grateful for the opportunity to speak to my amendments this afternoon, and to support several others.

My new clause 5 would help to rectify the absence of anything in the Bill to cut pesticide use. This is a really serious omission, given the harm that pesticides cause to insect life, including bees and pollinators, and to other wildlife, as well as the risks to human health. New clause 5 would require the Secretary of State to take steps to protect members of the public from the hazardous health impacts of pesticide use—for example, by specifying a minimum distance between where a pesticide is being applied and public or residential buildings. We do not need to look hard to find evidence of the so-called insect apocalypse, and the serious risks of pesticides to humans and nature. Recently, a call from more than 70 scientists urged the phase-out of pesticides as a “no regrets” immediate step, stating:

“There is now a strong scientific consensus that the decline of insects, other arthropods and biodiversity as a whole, is a very real and serious threat that society must urgently address.”

On human health, pesticide cocktails are of particular concern, as they can be far more harmful than individual pesticides, yet our own regulatory system only assesses the safety of one chemical at a time. There is also the exposure of rural residents to pesticides applied to nearby farmland. The lack of anything on pesticides in the Bill is even more disturbing given the Government’s dubious stance on the precautionary principle: refusing to transfer it fully into UK law and refusing to legislate against the risks of a US trade deal undermining it.

My amendment 42 is on the sustainability and resilience of agriculture more widely. It complements amendments 18 and 19 on agroecology tabled by the hon. Member for Bristol East (Kerry McCarthy), which I strongly support. Amendment 42 would enable the Secretary of State to set and monitor progress towards targets for the uptake of integrated pest management based on agroecological practices, including organic farming. This would help to ensure that the catch-all clause on productivity payments does not undermine environmental objectives.

This week, a leaked copy of the EU 2030 biodiversity strategy revealed proposals for at least 25% of farmland to be organic, alongside a wider uptake of agroecological practices, a 50% reduction in pesticide use and cuts to mineral fertiliser use. On Second Reading, the then Secretary of State claimed that leaving the EU meant a greener future for British farming, where the UK would apparently do so much better for wildlife and the landscape. If that is to be reality and not just rhetoric, we need an Agriculture Bill that matches or goes further than the EU proposals on pesticides, agroecology and organic farming.

In response to covid-19, some argue that we should downplay nature and sustainability, and dial up food production. But that would risk doubling down on a food system that is contributing to what scientists last month called a

“perfect storm for the spillover of diseases from wildlife to people”.

One example is forest loss driven by rocketing demand for vast quantities of soya that is then fed to pigs and chickens, including in the UK. Agroecology is our route out of a dangerous dead-end debate that pitches food security, environmental protection and public health against each other. We can and must do much better than that.

Finally, my new clause 14 would go some way to fixing the Bill’s worrying lack of attention to the climate emergency. Having highlighted regulation as a gaping hole in the Bill on Second Reading, I strongly support new clause 8 in the name of the Leader of the Opposition, and am pleased that it includes specific provisions on climate. New clause 14 would complement that by setting a target of net zero greenhouse gas emissions for agriculture and land use in the UK by 2050 at the latest. That is much too late in my view, but I hope that the Government will pick this up. It would also place a duty on the Secretary of State to publish interim emission-reduction targets, as well as policies to ensure that those targets are met.

The Committee on Climate Change has said that “strengthening the regulatory baseline” is an essential step that the Government must urgently deploy to meet climate goals, so I hope the Government will support not just specific climate targets for agriculture, as new clause 14 proposes, but rigorous policies to meet them that place equal emphasis on biodiversity and public health. The climate emergency is just one reason why Ministers must say no to business as usual and yes to a resilient, re-localised and regenerative food and farming system. My amendments would go some way towards putting those things at the heart of the Bill.

[Dr Liam Fox (North Somerset) (Con)]

I wish to speak against new clause 1. A real issue needs to be dealt with: the high levels of regulation imposed on UK farming can and do add to increased costs for UK farmers. High standards can be an advantage in two ways: first, in what they say about the United Kingdom and our attitudes to animal welfare; and secondly, when it comes to exporting, when we can show to those who want to buy British agricultural produce that it is produced to very high standards—that was a huge advantage to me on a number of occasions when I was Secretary of State for International Trade.

The best way to help our farmers is to have a proper cross-governmental strategy to improve UK farming exports. The proposed changes do not deal with that particular problem, but they do create a number of others. There are three main unintended consequences: the first is the damage to our reputation for observing international treaty law; the second is that the proposals would damage our ability to conclude our current free trade agreements, and potentially future ones; and the third is that they make a mockery of our current negotiating position with the European Union.

First, the new clause is not compatible with WTO rules. Food safety and related issues are anchored in WTO law. Only the slaughter of animals is covered as a welfare issue in the sanitary and phytosanitary agreement. There is nothing that the Government will do to undermine food safety standards in this country, and to suggest otherwise is a complete red herring in this whole debate. It would be a fine start to Britain’s independent trade policy outside the European Union if we were to begin by finding ourselves in conflict with the very rules-based trading system that we believe to be necessary.

Secondly, the new clause would damage the chances of our completing our current free trade agreements. I can say from personal experience, in my discussions with the United States, that the US would walk were the proposals to become law in the United Kingdom, and it would be swiftly followed by others—the Australians, the New Zealanders and those involved in the comprehensive and progressive agreement for trans-Pacific partnership would be unlikely to take kindly to it. They do not want the incorporation of UK rules to become a prerequisite to trading agreements with the United Kingdom.

There is an additional problem: it is about not just our current FTAs but our ability to conclude future FTAs with developing countries, which simply cannot afford to have the same level of animal welfare standards as we enjoy in a country as wealthy as the United Kingdom. It would be a great pity if, after all the work we have done to promote development, we unintentionally undermined it by agreeing to this change.

Thirdly, the new clause makes a mockery of what we are doing in our negotiation with the European Union. We are currently telling the European Union that we cannot accept the introduction of rules made outside our own country as a precondition of trade with the European Union—the so-called level-playing-field approach—but that is exactly what the new clause would do in relation to everybody else. I can imagine nothing that would bring greater joy to the bureaucrats of Brussels than the UK scuppering its free trade agreement with the United States on the basis that we were insisting on a level-playing-field agreement that we have categorically ruled out in our dealings with the European Union.

I wish to go slightly beyond the content of the proposals to the wider consequences. I worry about what some of the proposed changes say about the signals we would send as a country and our approach to free trade in general. It is worth pointing out—because almost no one seems to have noticed—that global trading volumes went negative in the fourth quarter of 2019. Before covid, global trade was on a downturn, with inevitable long-term economic consequences. Since 2010, the world’s wealthiest economies—the G20—have increased and increased the number of non-tariff barriers to trade: in 2010, they were operating around 300; by 2015, they were operating around 1,200.

There is a bit of environmental law here, a bit of consumer protection here and a bit of producer protection elsewhere. It all adds up to a silting up of the global trading system. Why does that matter? It matters because it risks the progress we have made in the past generation of taking a billion people out of abject poverty through global free trade. It is not morally acceptable for those countries that have done very well out of global trade to turn to the others that are still developing and pull the ladder up in front of them. We have benefited from a global open trading system. It is not only economically sensible, but morally the right thing to do to ensure that that free trade continues.

Agriculture Bill

Caroline Lucas Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Money resolution & Programme motion
Monday 3rd February 2020 Commons Chamber

[The Secretary of State for Environment, Food and Rural Affairs (Theresa Villiers)]

I beg to move, That the Bill be now read a Second time.

This Bill will introduce the first major reform of agriculture policy in this country for half a century. Now that we have left the European Union, we are determined to do things differently and to pursue the priorities of the people of this great nation. That means strengthening the Union of our United Kingdom by levelling up opportunity, to unlock our country’s potential. As we commence consideration of this landmark Bill, I want to highlight the huge contribution that farmers make to our society by putting food on our plates and conserving the natural landscapes that we all value so much. This Bill will provide our farmers and land managers with a chance to play a fundamental role in tackling the greatest environmental challenges of our time: protecting nature and tackling catastrophic climate change.

Brexit means that we can finally leave the common agricultural policy, to build a brighter, better, greener future for British farming. With its exasperating rigidities, complexities and perversities, the CAP is a bad deal for farmers, a bad deal for landscapes and wildlife, and a poor return on public investment for the taxpayer. We can do so much better.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I hope very much that we will be able to do better. The Secretary of State talks about looking after our farmers and higher standards, but will she guarantee that those higher standards will not be undercut by cheaper imports that do not meet those standards? If they are, we will not be doing our farmers any favours at all and will simply be outsourcing lower standards. Can she guarantee a legal commitment that no imports will undermine those standards that we will have in our country?

[Theresa Villiers]

I can reassure the hon. Lady that our manifesto is very clear on this. We will maintain our high standards of animal welfare, food safety and environmental protection. It is there in our manifesto, and we will defend that line in our trade negotiations.

--- Later in debate ---

[Caroline Lucas (Brighton, Pavilion) (Green)]

It is a great pleasure to follow the maiden speech of the hon. Member for South Cambridgeshire (Anthony Browne). One thing on which we can certainly agree is the wisdom of George Monbiot. I hope we will have many other opportunities to quote from his copious writings and agree with one another in the forthcoming months and years.

I welcome some improvements made in this Bill compared with the earlier version, but I want to set out where it still is not going far enough if the Government are serious about climate and nature. First, it is good to see stronger protections for farmers from unfair trading practices. Having previously tabled an amendment to bring the whole of the supply chain within the remit of the Groceries Code Adjudicator and, indeed, any new regulator, I can say that is a step in the right direction. It would be better still if the Bill placed a proper duty on the Secretary of State to act rather than simply conferring powers to do so, and I personally cannot see the case against turning many “mays” into “musts” throughout this clause and indeed throughout this Bill. I am sure that others will applaud the excellent work of the Sustain alliance, but all eyes will be on the detail, delivery and, crucially, enforcement.

Secondly, the inclusion of soil in the public goods in part 1 is another welcome move. However, as a member of the Environmental Audit Committee that conducted a whole inquiry into soil health, it is disappointing to see so many of these recommendations still not acted on given the overwhelming importance of soil carbon storage. For example, the Committee called for rules with greater scope, force and ambition to deliver restoration and improvement of soil, so why have the Government still not banned practices that do unforgivable harm to soils, such as burning on blanket bogs or the use of peat in compost. With organic farms supporting healthier soils with 44% higher capacity to store long-term soil carbon and 50% more wildlife, why does this Bill not seek a major expansion of organic farming? Furthermore, if the objective is to have healthy living soils for carbon storage, biodiversity and fertility then surely we prioritise policies that minimise inputs that exterminate that precious biological life, yet there is nothing in this Bill to phase out pesticides either.

That illustrates a wider point—the gaping hole in the Bill is on the crucial role of regulation, not just on pesticides but to drive innovation and to deliver environmental, public health and animal welfare goals.

The third positive is the new mention of agroecology in the Bill. The hon. Member for Bristol East (Kerry McCarthy) has championed that as chair of the all-party group on agroecology, but I suspect that she would share my mixed feelings. Although agroecology is recognised in the Bill, it is in a bizarrely minor way. In clause 1(5), the Bill states that

“‘better understanding of the environment’”—

one of the purposes for which the Secretary of State may give assistance—

“includes better understanding of agroecology”.

That seems like a fundamental misunderstanding of what agroecology is and what a wholesale shift to agroecological farming should deliver for nature, climate, public health and farmers. It should not be consigned to a legislative footnote—it should be at the very heart of the Bill and the Government’s wider farming policy.

[John Redwood (Wokingham) (Con)]

Will the hon. Lady give the House guidance on what she thinks about meat eating and what sort of scale of meat eating is reasonable, given her environmental objectives?

[Caroline Lucas]

I support the better eating campaign that suggests that overall in this country we should seek to reduce meat eating by about 50%, but in that shift to plant-based diets we want to eat less but better meat. In other words, we still want to support our farmers. Crucially, they need to be supported during that transition. It is no good simply setting up new goalposts and not supporting farmers with finance, help and advice to enable them to make that transition.

Over the past 18 months, an incredibly strong case has been made for a 10-year transition to agroecology. I would like that vision to take shape as a green new deal for the food and farming sector. One example of the growing mountain of evidence that makes that case is the RSA Food, Farming and Countryside Commission, a major, two-year, independent inquiry that includes leading experts from industry and civil society, as well as inputs from farmers and growers across the UK. It includes abundant detail on how to make that transition, including a proposal that every farmer should have access to trusted, independent advice, including through farmer support networks and establishing a national agroecology development bank to accelerate a fair and sustainable transition. Crucially, the inquiry found that

“most farmers agreed that they could make big changes to the way that they farm in five to ten years—with the right backing.”

It is that right backing that we have to make sure that the Bill provides.

Time is of the essence if we are to reverse the loss of biodiversity and meet climate goals. A goal of net zero by 2050 is in line with neither science nor equity, and climate delay is almost as bad as climate denial. The Bill needs more than one line on that topic, especially as that one line simply says that the Secretary of State “may”—not even must—give financial assistance for climate mitigation or adaptation.

The Bill desperately needs a link to carbon budgets, unambiguous duties to deliver, and the incorporation of Committee on Climate Change advice, in particular, strengthening the regulatory baseline. I hope that the Minister will explain precisely how the Government will deliver major emissions cuts during the seven-year transition period, not just afterwards.

On biodiversity, it is truly shocking that the Bill contains nothing really on pesticides. As a minimum, it should set bold, national targets to cut pesticide use and introduce regulations to protect the public from the hazardous health impacts of pesticide use near buildings and in public spaces. There was broad, cross-party support for my amendment on pesticides last time round, yet it is rumoured that DEFRA’s inadequate pesticide plans are being diluted even more as the Department caves in to agrochemical industry lobbying. Why do Ministers not listen instead to the 70 scientists who recently called for the phasing out of synthetic pesticides and fertilisers as an urgent, no-regrets action as part of a road map to insect recovery, designed to reverse the insect apocalypse?

What is DEFRA’s response to the letter from over 2,500 scientists across the EU that warns of the unequivocal scientific consensus on the intensification of agriculture and the ever-increasing loss of biodiversity that could soon become irreversible?

Another glaring omission is on trade. Many of us have raised it tonight, but the Bill needs a watertight requirement for all food imported into the UK to be produced to at least equivalent standards on animal welfare, pesticides, environmental protection and public health. It is simply unacceptable to ask our farmers to meet higher standards, then allow them to be undermined by cheap competition from countries that do not meet those standards. I refer the Minister to the amendment to the Trade Bill in the other place that sets out that argument clearly.

Finally, the Bill should be used to introduce new measures of success for our agriculture sector so that the payments for productivity in clause 2 do not undermine progress on biodiversity, climate and animal welfare. Just as there is growing consensus on the need to measure economic progress with indicators that incorporate ecological health and human wellbeing, which GDP fails to do spectacularly, so we must adopt new indicators for agriculture. The Bill should require the Secretary of State to begin that work to develop those new metrics, to steer us towards a truly sustainable future for food and farming, and they must include overseas as well as local impacts. Greenpeace research shows that UK chicken, for example, is contributing to deforestation due to the imported soya in its animal feed. We need to design new farm policy to deliver value, not volume; diversity, not monocultures; and people nourished per hectare, not tonnes of yield.