Environment Bill (Nineteeth sitting)

Fleur Anderson Excerpts

Committee stage & Committee Debate: 19th sitting: House of Commons
Thursday 19th November 2020 Public Bill Committees

[Dr Whitehead]

My hon. Friend makes an important point. If someone chanced upon the Bill, flicked through it, looked at the contents at the front and said, “There is a section on tree felling and planting; that’s good, because we want to know about tree planting,” and then found that there was no tree planting, that would be rather an odd outcome, yet that is what we have in front of us. I would like to know, at the very least, what the Minister thinks can be done to rectify that omission and whether she intends, when the tree strategy is mature, to amend the Bill or, if this Bill has already gone through the whole of the House, introduce a subsequent Bill that will match up with what will be in the Environment Act, to give whole-life regulation and protection to tree planting, which is absolutely necessary for our ambitions for the future. Although we do not want to amend these clauses, because we accept that they are within the limitations written into the Bill, we give notice that we intend to proceed to rectify at least part of the issue concerning the heading of the clauses as we move on to the new clauses.

There is an indication, certainly in schedule 15, that the problem of maintenance and stewardship for the future is not anticipated, even on the question of felling and restocking trees. Schedule 15, which is an amendment to the Forestry Act 1967, requires restoration orders to be put in place—a good thing in itself—where people have felled trees when they should not have done or without the proper provisions being applied for.

Schedule 15 provides a welcome advance, in that there is clear regulatory guidance on restocking, but that guidance then starts to fall down, inasmuch as the restocking orders last for only 10 years. The precise problem that we have outlined with replanting could arise for the restocking orders. The person who has knocked the trees down might grudgingly replant more under the restocking order, but 10 years later, he or she can pull them all up again.

That is certainly not in line with the sort of stewardship that we think has to take place for trees, both in general and in particular with regard to the restocking orders. I would appreciate it if the Minister could comment this afternoon on whether she thinks the provisions in schedule 15 for the duration of restocking orders are sufficient in the light of our discussion, or whether she might review that for future reference.

[Fleur Anderson (Putney) (Lab)]

I know that I represent millions of people across the country in wanting to speak more about trees and seek more about trees in the Bill. There are some things in these clauses that we can agree on. I know that the Minister is a lover of ancient woodland and that the clauses are close to her heart as a chair of the all-party parliamentary group on ancient woodland and veteran trees.

[Rebecca Pow]

I am no longer allowed to be the chair.

[Fleur Anderson]

As a former chair, she has said of ancient woodland:

“It is an absolute travesty that only 2% remains and we must ensure that no more is lost.”

We agree on proposed new section 96A(1) of the Highways Act 1980, as inserted by clause 101, in which it becomes statutory for local authorities to

“consult members of the public before felling a tree on an urban road”.

Constituents in Putney will welcome that measure, because in many cases, they do not know why a tree has been felled and they would like to have had a say. It gives our fantastic volunteer tree wardens more power to look at the trees in our urban areas.

We also agree that the Bill is landmark legislation that legislates for urgent action on the biggest environmental challenges of our time. Therefore, it is disappointing that clause 100 is sadly lacking. We will talk about a tree strategy later when we debate new clause 19, but that is where this clause could have come in. Putting an English tree strategy on a statutory footing is key to delivering the commitments in the 25-year environment plan, alongside which the Bill sits.

The 25-year environment plan has targets for net zero carbon emissions by 2050 and for planting 30,000 hectares of trees a year across the UK. We need interim and overall targets in the Bill to ensure that we deliver on those targets. Why is that? Trees sequester carbon, support biodiversity, protect against floods, stabilise the soil, improve our physical and mental wellbeing, filter air pollutants and help to regulate temperatures. The Environment Bill seeks to do all of these, and more on trees would enable us to do it better and make it that landmark legislation. However, 53% of UK woodland wildlife is in decline. Woodland expansion is well below the rate necessary for the future. DEFRA has a woeful track record of missing tree planting targets. It cannot be left out of this Bill and just left to happen. History shows that it does not just happen. We really need a statutory England tree strategy.

There is currently no formal mechanism to set targets for protection, restoration and expansion of trees and woodland in England. Here is the opportunity to legislate and address the importance of trees in tackling the climate and nature crisis we face. This Bill aims to restore and enhance green spaces, yet it falls short in not containing a necessary clause about a tree strategy. There should be a strategy with the following objectives: increasing the percentage of tree cover in England, increasing the hectares of new, native woodland creation by planting and natural regeneration, and increasing the hectarage of plantation of ancient woodland undergoing restoration.

[Richard Graham (Gloucester) (Con)]

I pay tribute to the work of the Woodland Trust, which has helped schools in the hon. Lady’s constituency, I am sure, as well as those of all members of the Committee. Does she agree that the sort of projects it leads will help the Government to achieve their goals of planting masses more trees across the country and involving school children?

[Fleur Anderson]

I thank the hon. Member for his intervention noting the work of the Woodland Trust, which is in agreement with the points I have just made. In fact, this is exactly what it is calling for. Indeed, given that he has talked about the excellent work of the Woodland Trust, I hope he will be supporting new clause 19 when we come back to it. The Woodland Trust would like an English tree strategy to be put on a statutory footing and gave evidence to that effect to this Committee previously, and many constituents from across the country have written in to support this also.

[Richard Graham]

The point I was trying to make was to highlight the good work that the Woodland Trust is doing alongside the Government, rather than to necessarily support the Opposition’s suggested amendments to the Bill.

[Fleur Anderson]

I understand the clarification. I would say that the Woodland Trust is doing fantastic work, but it is also calling for this statutory framework. I put Members on notice that we will return to this issue when we come to new clause 19. Therefore, I ask all Committee members to hastily look that up and, I hope, support it when it comes. Alternatively, as the shadow Minister has mentioned, let us see an actual, whole tree Bill come to Parliament with all urgency. That would be excellent as well.

[Rebecca Pow]

It will not surprise those hon. Members who have spoken that I share their passion for trees and ancient woodland particularly. Indeed, I also praise the work the Woodland Trust does and has done, particularly with young people, schoolchildren and all those who want to get involved with this future environment, as was intimated by my hon. Friend the Member for Gloucester.

--- Later in debate ---

[Fleur Anderson]

The Bill gives the Secretary of State for Environment, Food and Rural Affairs the power to amend UK REACH and the REACH Enforcement Regulations 2008—REACH being the registration, evaluation, authorisation and restriction of chemicals, for the benefit of those reading in Hansard. However, specified elements of REACH are excluded, as we said earlier, from the Secretary of State’s amending power. We are referred to the table that the Minister mentioned earlier and told, “It is all there and included.” It is not all there and included.

We would like to highlight some articles that have not been included in the protected provisions—specifically, article 13 in amendment 108, articles 26, 27 and 30 in amendment 109 and—an interesting set of articles—articles 32, 33 and 34 in amendment 176, which are highly important to the REACH regulations actually working for consumers and those within the supply chain of chemicals. The provisions refer to everyday products that we and our constituents would all use, including paints, cleaning products, clothes, furniture, electrical appliances and, as already mentioned, hairdryers.

In article 32, which I would argue should be a protected principle, there is the duty to communicate information down the supply chain free of charge and without delay. In article 33, the duty is to communicate information on substances in articles for the consumer free of charge within 45 days. In article 34, the duty is to communicate information on substances and preparations up the supply chain.

There are duties up the supply chain, down the supply chain and to the consumer. That is all protected, and it absolutely should happen to ensure that, as the Minister has said, when more information, science and data come to light as we go along with new products and chemicals, the consumer and all of those in the supply chain have a right to know what that new information is, and what is up and down the supply chain. The consumer should know what is in the products that we consume.

Under article 33, suppliers of articles that contain a substance of very high concern are required to provide sufficient information in response to consumer requests about those products to allow their safe use, including disclosing the name of the substance that is used. However, that will be taken out of a protected requirement. There are substances that, for example, meet the criteria for classification as carcinogenic, mutagenic, toxic to reproduction and persistent bioaccumulative toxic. This is an essential public policy safeguard, and it is unclear why the Government wish to exclude it from the list of protected provisions. Other things are included in that list. It is seen as beneficial to have a list of protected provisions. Why are those provisions not protected?

That is the question we are asking by tabling these amendments. We are saying that it is important to the whole of the REACH regulation that these things are included and cannot be subject to change by the Secretary of State.

[Rebecca Pow]

I thank hon. Members for amendments 108, 109, 176, 110 and 111. I understand the desire to protect further provisions of UK REACH in the Environment Bill. However, I do not believe that these amendments are necessary or, in many cases, desirable—shock, horror!

The protected provisions of REACH are intended to ensure that the fundamental principles of REACH cannot be changed, while allowing a flexibility to ensure UK REACH remains fit for purpose. The intention is not to freeze detailed processes. Any proposed amendments by the Secretary of State are subject to consultation, to the consent of the devolved Administrations in respect of devolved matters and to the affirmative procedure, ensuring a full debate in Parliament, which I know Opposition Members will welcome.

Amendment 108 applies to article 13 of REACH, which sets out detailed provisions about alternatives to animal testing, including when animal tests can be waived—I think the hon. Member for Putney was referring to that. She wants us to avoid unnecessary animal testing and to promote alternative approaches. We agree with that aim, but adding this article to the list of protected provisions could make that more difficult. For example, it could prevent us from extending the range of tests for animal testing that may be omitted where there is appropriate justification.

The same objections apply to the articles that would be affected by amendment 109, that is, articles 26, 27 and 30, and by amendment 176, that is, articles 32, 33 and 34. These articles are not just about the principles of information sharing. They also include prescriptive details about how information should be shared with the REACH supply chain and how the agency should deal with inquiries. We should not bind ourselves to these detailed procedures going forward but instead remain free to adopt new ways of working that draw on our experience of applying REACH in the UK. The whole idea is that we will improve and benefit.

Amendment 110 would protect REACH article 40(2). Again, the point is that we do not want to freeze the detail of how REACH operates. Instead, we need the flexibility to amend REACH, to ensure that it works for the UK. In this case, article 40(2) includes specific details, such as timescales for publishing information.

I do not believe that amendment 111 is necessary or desirable. I agree that we may consider it appropriate to amend the REACH annexes to drive the use of non-animal alternatives, but the power to amend the REACH annexes is already within REACH itself, which makes it unnecessary to add an overlapping power to the Bill.

I therefore ask the hon. Member for Southampton, Test to consider withdrawing his amendments.