Environment Bill

Deidre Brock Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Ways and Means resolution: House of Commons
Monday 28th October 2019 Commons Chamber

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I am afraid that I see this Bill as, at very best, representing a failure of ambition. I suspect that it is not at its best, however, and that actually it represents a failure to understand the issues and the hope that a lick of paint on some old policies will make those annoying environmental folk just go away. Let us examine some of the Bill’s shortcomings.

It relies on the Government’s 25-year plan for the environment; Mao only had a five-year plan but here we have a Tory Government with a plan five times longer and far less ambitious. These are some highlights from it: 11 years to reduce five air pollutants by half—“Don’t breathe yet, children; wait a while, and even then…”; the ending of the sale of fossil fuel cars and vans another decade after that; in the meantime, encouraging industry to follow some good practice guidelines on emissions—well, that ought to do it, but then it might not; and trying to get England’s water companies to reduce the leaks from their pipes by 15% over the next six years—the other 85% can keep leaking, it seems.

There is a section on adapting to climate change—making sure that policies take the changing climate into account. That is like deciding to increase the size of the Thames barrier to take account of increases in sea level. I understand the planning for that has already started.

In my view, this is truly weak and limp-willed, hoping that a bit of light dusting will mean guests do not see the hole in the floor. Let me give a glaring example: in clauses 18 and 40—the clauses that compel Ministers to consider environmental effects—the Ministry of Defence is excused. In fact, the military are entirely excused from any obligation to think about their effects on the environment, in spite of being a major polluter. In the action plan with such a distant time for completion there is a section that has the ambition of ensuring seafloor habitats are productive and sufficiently extensive to support healthy, sustainable ecosystems. For a century, however, the MOD was simply dumping large quantities of unwanted explosives and chemical and biological weapons into the seas around our coasts—and it also threw in a load of radioactive waste for good measure.

[Alison Thewliss (Glasgow Central) (SNP)]

My hon. Friend is making a good point about the MOD and its responsibilities. I remember doing a school project in the ’90s about this, when there were things washing up on Scotland’s beaches. Does my hon. Friend agree that the UK Government must be a lot more ambitious about cleaning up their own mess?

[Deidre Brock]

I absolutely agree with my hon. Friend. It is utterly inexcusable that one Department that has so much impact on our environment is excused from its responsibilities in this way. I certainly remember reading about the 1995 incidents when explosives were washed up on the Clyde coast—a shocking occasion. The largest of those munitions dumps, at Beaufort’s dyke in the Irish sea, now has a gas pipe running through it, and none of it is even monitored, let alone tidied up. I know this because I have asked. How can that flagrant disregard for the marine environment align with this vague promise to look after the seabed? And how does that match up with excusing the MOD of any responsibility under the Bill?

There are other MOD sites, of course: the ship refuelling stations, the bases handling nuclear weapons and nuclear subs and the ranges where live firing is practised. We already know about the damaging health effects on former soldiers of some of the munitions they have dealt with, but we do not know anything about the weapons that are fired on those ranges. The MOD has told me that it does environmental audits with its “industry partner”, whatever that is, but that it will not publish them. We are not to be told about the environmental impact of this massive polluter, and it is being excused responsibility under the Bill. I do not think that is good enough. There is no such thing as acceptable environmental damage, and there should be no such thing as a Department with an environmental “get out of jail free” card.

Of course, this thing will ultimately pass—no one is going to vote down an environment Bill—but it really is not what is needed. Serious action to limit emissions and clean up the messes that have been left would be more worth while. For example, what about legislating so that English water companies cannot pay dividends to their shareholders while they are still pouring a precious resource into the ground? Or even better, why not copy the Scottish system and have a publicly owned water company that can spend on infrastructure because it does not have to make a profit? How about taking the power to close down companies that refuse to comply with best practice? How about telling them that their days of pouring pollutants into other people’s air and water are over? No soft touch, no more, “Come along now, play nicely”; instead, we need to say, “You do not get to do this any more.” And here is another thought: what about refusing to allow the import of products that can be shown to have a poor environmental footprint? None of that is in the Bill.

There is some target setting in there, but no indication of taking any power that might allow those targets to be met. Just last week, Ofgem refused to allow a subsea cable to be laid from Shetland to the mainland to allow the output from a large wind farm to get to potential customers. That was refused on the basis that subsidies have been withdrawn by this Government under its previous guises since 2010. Where is the provision in the Bill to put those subsidies back or—given that Shetland would like to press ahead anyway—to force the provision of the connection to the grid? Where is the ambition?

The creation of a clunky and unwieldy Office for Environmental Protection is a major disappointment. It will involve enforcement provisions that give weakness a bad name. Where are the prosecuting powers it needs? Where is its ability to act independently and develop the principles behind environmental law? There is nothing in the Bill to protect the Aarhus convention rights. Back in July 2016, I asked the then EFRA Secretary, the right hon. Member for South Northamptonshire (Andrea Leadsom), whether the UK would continue to abide by Aarhus after leaving the EU, and she replied:

“Until we leave the EU, EU law continues to apply so the UK continues to comply with EU law that implements obligations in the Aarhus Convention. The UK remains a Party to the Aarhus Convention.”

In November last year, I asked the next EFRA Secretary, the right hon. Member for Surrey Heath (Michael Gove), whether he planned to maintain compliance with the Aarhus convention on access to information, public participation in decision making and access to justice in environmental matters after the UK had left the EU, and he replied, “Yes”. So where are those commitments, and why are they not in the Bill? Will the Secretary of State undertake to bring forward amendments that will satisfy those commitments, and can we be assured that amendments will be tabled in Committee that will beef up the OEP? Can we at least give the tiger a set of dentures, if it is not going to have serious teeth?

I would like to ask some further questions about devolved issues. It would be helpful if Ministers set out how they developed their thinking on the need for the climate change measures and legislation to be covered by the OEP, and how they decided that this was needed. Also, do Scottish Ministers support the proposals? What consultation was undertaken with them prior to their inclusion? Will the Secretary of State set out what resource has been made available to date for the OEP? It is suggested that the OEP’s remit covers all UK climate change legislation. Are the Government proposing that it has oversight of Scottish legislation, which is devolved? If there is a need for a UK-wide approach, would that not logically suggest that the remit for doing this should be given to the Scottish Government, given that they already have world-leading legislation and more ambitious targets in place? This is surely something that the UK Government should be seriously considering.

Every Member here will have had the same representations from environmental organisations that I have had. We all know that they are unhappy that there is no protection in the Bill against regression and that they fear that the legislation could be watered down in the future. I know that there will be armchair constitutional experts muttering into their port that one Parliament cannot bind another, but we all know that politics makes that a lie. We all know that confident, positive action arising from having the political will to deliver has a binding effect on future Parliaments and Governments. If it did not, the NHS would have disappeared decades ago. Strong action now to protect and enhance the environment, and repercussions for those who transgress, will set a tone that a future Government or Parliament would find it hard to undo.

We need to see changes in the way we see waste. We must no longer think that we will deal with it when we come to it; rather, we need more planning not to create it in the first place. A bit of Government encouragement could do that, and plastics are not the only waste we should be concerned about. I am young enough to remember a time when aerosols were innocent cans that people used every morning, and most people never knew the damage that the gases could do. Well, we all ken now, and the question is: what else are we blithely ignorant of as we go about our comfortable, modern life? Cut the waste; do it in legislation; and do it now! Have courage! Take that courage in both hands and give us legislation that is fit for purpose. Do something stunning this year instead of something that could be described as stunningly stupid.

--- Later in debate ---

[Rebecca Pow]

I will not give way because I have so little time.

I am delighted that so many stakeholders have expressed their support for the ambitions of the Bill. For example, the Aldersgate Group, a green business group, has said that

“businesses have backed the introduction of an ambitious and robust environmental governance framework that includes…legally binding environmental improvement targets to support investment in the natural environment over the long term.”

I hope that that gives the hon. Member for Brighton, Pavilion (Caroline Lucas) the assurance that businesses have looked at the content of the Bill. Far from the negativity that we have heard this evening, they see great benefits to the economy from sustainability. Indeed, my hon. Friend the Member for Somerton and Frome (David Warburton) also referred to the business benefits of the Bill. While I am on the subject, I will be very pleased to meet him to talk about the Somerset Rivers Authority, although I will not go into that now because it is quite detailed.

Many of the Members who have spoken are clear about the benefits of the Bill, as am I. We have heard a great deal of positive comments, so I will shoot through just some of them. My hon. Friend the Member for St Ives (Derek Thomas) said that the improvements on biodiversity will help the Manx shearwater. My hon. Friend the Member for Chelmsford (Vicky Ford), who is a massive campaigner for the environment, talked about hedgehog highways. My right hon. Friend the Member for Basingstoke (Mrs Miller) said that her children wanted the deposit return scheme. My hon. Friend the Member for Truro and Falmouth (Sarah Newton) talked about the benefits for healthy soil that the Bill will enable us to deliver. The hon. Member for High Peak (Ruth George) talked about the wider catchment work that we can do under this Bill and other measures. The hon. Member for Newport West (Ruth Jones) talked passionately about the children in her constituency, and this Bill really will introduce things that our children want for the future of their environment.

Many points were raised tonight and I will not be able to get through them all, but a lot of colleagues mentioned environmental non-regression, particularly my hon. Friend the Member for Tiverton and Honiton (Neil Parish), who does such a great job chairing the Select Committee on Environment, Food and Rural Affairs, and the equally excellent Chairman of the Environmental Audit Committee, the hon. Member for Wakefield (Mary Creagh). I was also a member of that Committee, so I know how detailed her work is.

My right hon. Friend the Member for Ludlow (Mr Dunne) also mentioned non-regression, because there are concerns in this area. I wish to be clear that our EU exit does not change the UK’s ambition on the environment. The UK has no intention of weakening our environmental protections; the Prime Minister has recognised the strength of feeling on this issue and he is committed to a non-regression provision on environmental protection in legislation.

A lot of comments were made about the OEP, not least by the hon. Members for Bath (Wera Hobhouse) and for Bristol East (Kerry McCarthy), who is a passionate and ardent campaigner on the environment. I hope she is really going to get behind this Bill, because she has so much to input.

Like them, my hon. Friend the Member for Waveney (Peter Aldous) raised issues about OEP independence, and it will be independent. The Environment, Food and Rural Affairs Committee has been asked by Government to conduct a pre-appointment hearing on the appointment of the chair of the OEP, and there will also be a legal duty on Ministers to have regard to the need to protect the independence of the OEP.

[Deidre Brock]

rose—