Environment Bill (Twenty Second sitting)

Fleur Anderson Excerpts

Committee stage & Committee Debate: 22nd sitting: House of Commons
Thursday 26th November 2020 Public Bill Committees

[The Chair]

Welcome to this penultimate, or possibly ultimate—we hope—sitting of the Committee. I think that everybody is observing social distancing today, but the Speaker has made it perfectly clear that we must be very strict about this. For this last—or second last—event, please try to remember that.

New Clause 23

Reduction of lead poisoning from shot

(1) The Wildlife and Countryside Act 1981 is amended in accordance with subsections (2) and (3).

(2) After section 5(c)(viii) insert—

“(ix) any form of lead ammunition used in a shotgun.”

(3) After section 11 (1)(d) insert—

“(e) uses lead ammunition in a shotgun for the purposes of killing or taking any wild animal”.

(4) The provisions in this section come into force on 1 January 2023.

This new clause intends to provide an effective regulation to protect wildlife, the environment and human health by replacing widely-used toxic lead gunshot with alternatives. It intends to ensure a supply of healthy game for the market, whilst meeting societal requirements and those of shooting, food retail and conservation stakeholders.—(Fleur Anderson.)

Brought up, and read the First time.

[Fleur Anderson (Putney) (Lab)]

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

It is an honour to stand in this last sitting of our Environment Bill Committee consideration, which began 261 days ago. I have been disappointed, so far, by the lack of agreement over the amendments proposed by Opposition Members.

I hope today will see a sea change; that this new clause is the one that we can all accept, agreeing that lead shot is highly toxic, should not be in our system, is bad for the environment, bad for wildlife, bad for children, bad for adults—bad for everyone. Its days can now be hastily numbered, and we can support the shooting community in their efforts to get rid of lead shot from our environment, our ecosystem and our agriculture.

Lead shot is highly toxic and is easily absorbed into the bloodstream. Birds eat it as they mistake it for grit—which they eat for digestion—and it then gets absorbed into their bodies. It is also highly toxic for children; there is no minimum amount of lead, in any system, that is safe for children.

I am no urban MP, standing up for a city constituency, with no idea of what goes on in the country, because I was raised in Wiltshire, where my father was a rural vicar. Every Christmas, some of our presents would not be wrapped up, but would be hung up outside our door, as they would be a brace of pheasants. I do understand what happens in the shooting community.

[Bim Afolami (Hitchin and Harpenden) (Con)]

Will the vicar’s daughter give way?

[Fleur Anderson]

I will.

[Bim Afolami]

Could the hon. Lady outline the differential impacts of steel and lead shot, as that is something that many in the shooting community are interested in and will carefully consider?

[Fleur Anderson]

I thank the hon. Gentleman for that intervention, and for his interest in this subject, which I have become much more interested in since researching it and talking to relevant bodies.

Steel is considered to be safe, as are tungsten alloys and tin, so there are alternatives out there. There is obviously an issue with single-use plastics, which would currently have to be used with alternatives to lead. However, I believe that with the inspiration and impetus from this amendment, the whole shooting community—including manufacturers of alternatives to lead shot—would be encouraged to use and produce ammunition that was far, far safer than lead shot.

Lead does not need to be used; non-toxic ammunition is widely available, effective, and comparably priced. The hon. Member for Hitchin and Harpenden may be interested to know that Denmark and the Netherlands banned the use of all lead shot in the 1990s; they have proved that changing to safer ammunition is entirely possible.

Why do we need to do this new clause? We know that 8.7% of ducks and geese across Europe die every year from eating lead shot; this includes 23% of pochard, which is a species threatened with global extinction, and 31% of pintail ducks. Lead poisoning from ammunition kills an estimated 75,000 water birds each year, as well as other birds and mammals.

Through ingestion by cattle—which then results in food-safety issues as it enters their system—lead can end up in restaurants and retail outlets; in our food. It also seeps into land, including wetlands, and creates toxic grounds; wetlands have been found to be peppered with lead shot.

Lead is dangerous for people’s health, as lead shot often fragments and is ingested in game meat.  Children and pregnant women are particularly at risk due to the negative impact of lead on the developing brain, which has led to Waitrose labelling its game meat products as not safe for pregnant women and children.

Lead is not something we should allow into our food system. Somewhere in the order of 10,000 children from the UK hunting community are estimated to be at risk of negative impacts on IQ due to household consumption of game meat. If the effects were immediate and something happened to us that caused an immediate breakdown of our health, we would have stopped this years ago, but because lead has a subtle effect on our health—on our brain development and IQ—it has been allowed to carry on for too long.

The new clause has not just been dreamed up in the past few months; it is the result of the Government engaging with this issue since 1991. There have been stakeholder groups, compliance studies, risk assessments and reviews, but the stars are now aligned. We cannot any longer say that the new clause is not needed. I know that the British Association for Shooting and Conservation is moving towards a ban on lead shot, which I welcome. It wants to take action within the next five years to see a change. There is clearly appetite in the shooting world to accomplish what is set out in the new clause by banning lead shot. However, things are not moving fast enough. We cannot entirely rely on that compliance, but the new clause would take us where the shooting community seems to want us to go.

The stars are aligned, and it is time for the new clause. There is a limited ban at the moment, focused on wetland birds, but it is widely flouted and there has been only one prosecution, which is another reason why we need to have the new clause in the legislation. The partial regulation focused on protecting wetland birds, and similar regulations in other home nations, have been ineffective in reducing lead poisoning in water birds because there has been a high level of non-compliance. Birds feeding in terrestrial habitats, where most of the lead shot is legally deposited, are also affected. Moreover, enforcement of the limited regulation has been negligible so far, and human and livestock health have not been protected. Two large-scale restriction proposals are currently being progressed in the EU under REACH, which will bring about a total ban and additional benefits to law enforcement. Let us pre-empt that and go one step further in the UK.

This is the right time for policy change. The coinciding of the new Environment Bill and proposed policy change on lead shot is opportune. The nine main UK shooting organisations recognise the risk from lead ammunition. There is no debate about that. The imminent impacts of regulation on lead ammunition in the EU, and the likely impacts on UK markets for game meat, all need to be considered. Hence, on 22 February, the move to a voluntary phase-out of lead shot within five years was announced. That has already prepared the UK’s shooting community for change, and I have seen that the media narratives around shooting have changed to reflect that.

To date, however, voluntary bans on lead shot have always failed, so to say that the new clause is unnecessary is just not good enough. Denmark, which has gone ahead of us on this issue—we can learn from them—banned all lead shot in 1996. Hunters accept that it was because a progressive Government took such a step that they now lead the world in the control of lead poisoning from shot.

Although there is a desire for change within hunting organisations, there also remains a tradition of resisting regulation, which might just roll on and on over the next five years.

[Robbie Moore (Keighley) (Con)]

I want to pick up on that point. It is not only BASC but the Moorland Association, the National Gamekeepers Organisation and the Country Land and Business Association that are behind the transition. They are actually going further than what the hon. Lady is asking for, by asking for a ban on single-use plastics in the cartridges, but what they are clearly asking for is a period of smooth transition over five years. Does the hon. Member not agree that that is more appropriate?

[Fleur Anderson]

I agree, and I thank the hon. Member for pointing out the wide support for a move in this direction, but if we can ensure it is in legislation, the move will go further, it will be deeper and it will be guaranteed to happen. Given the high toxicity of lead, we cannot just leave this issue to voluntary moves by all those organisations. Let us go with the flow and accept their willingness to change, but let us underpin that with legislative change, which moves it on faster. These issues have already been under negotiation. The smooth transition is happening. I am not asking for this to happen on 1 January—the proposal is to give another year. There is time to move forward; the new clause is very reasonable. If we want to go further and talk more about single-use plastics, that will happen in time, and this proposal will enable manufacturers to do that.

Only regulation will provide a guaranteed market for ammunition manufacturers. Moving all users of ammunition through these changes, all at once, will enable ammunition manufacturers to make the change that we all surely want to see, and will ensure the provision of game free from lead ammunition for the retail market. It will enable cost-effective enforcement and protect wildlife and human health much earlier than in five years. Why would we want lead shot in our food for another five years? Why would we want to kill all those birds for another five years?

Action on this issue was recommended in 1983 in the report of the Royal Commission on Environmental Pollution on lead in the environment. It has been long enough. It is long overdue. Now, at last, is the time to act.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

I thank the hon. Member for Putney for the new clause and for highlighting her eating of pheasant as a child. I, too, have had many a pheasant hanging in my garage. Indeed, we had roast pheasant for lunch this Sunday. It was absolutely delicious, covered in bacon. It was really nice.

I reassure the hon. Lady that this Government support the principle of addressing the impacts of lead shot. Evidence published by the Wildfowl and Wetlands Trust suggests that, as she pointed out, tens of thousands of wildfowl die from lead poisoning each year and many more birds, including scavengers and predators such as raptors, suffer and die through secondary poisoning.

There is a lot of movement already going on in this space. In England, the use of lead shot is already prohibited over all foreshore, on sites of special scientific interest and for shooting certain waterfowl. I certainly know people in Somerset who give anyone all of the chat before they go out to shoot anywhere near wildfowl and local ponds about not using lead shot.

My hon. Friend the Member for Keighley has pointed out that the new clause falls short of what shooting organisations are calling for. Organisations such as BASC, the Moorland Association and various other countryside organisations—I engaged with a lot of them as a Back Bencher—are calling for an end within five years to both lead and single-use plastics. They are talking about it seriously. As the hon. Member for Putney will know, there is a lot of research going on as well.

An EU REACH regulation on the use of lead shot in or near wetlands is close to being adopted and a wider measure affecting all terrestrial areas is under consideration. The fact that the industry itself is calling for a ban within five years demonstrates the work going on in this space.

The wetlands measure will apply in Northern Ireland by virtue of the Northern Ireland protocol and will apply in the rest of the UK and be retained EU law after the transition period if the legislation providing for that comes into force before the end of this period.

The amendment seeks to prohibit use of lead shot in shotguns for the purposes of killing or taking any wild bird or wild animal. That approach may not be the most effective means of restricting the use of lead shot. It is also slightly unclear because it does not cover clay pigeon shooting, for example. If one were really going to address this issue, all aspects of the sport, as it might be termed, would need to be considered. The new clause does not address them all.

The police would enforce under the Wildlife and Countryside Act 1981, but as with other wildlife crimes, there are considerable difficulties in detection and taking enforcement action in remote locations. All those things would need ironing out; it is not just a straightforward, “Let’s have a ban tomorrow.”

--- Later in debate ---

I regard the restriction of lead shot as very important, and I assure the hon. Lady that I will ask my officials to continue exploring options for the most effective way forward that would tackle this whole issue in the round. For those reasons, I ask the hon. Lady to withdraw her amendment.

[Fleur Anderson]

I thank the Minister, but it will not surprise her to hear that I will not be withdrawing the new clause. Assurances do not cut it on this issue; it is too important. I would also absolutely refute any feeling that this is not underpinned by evidence. As I have outlined, so much work by so many different groups has gone into this that it does need to go ahead.

If we need it to, the Office for Environmental Protection has all the powers to go further than my proposal to talk about clay pigeon use and single-use plastics. Let us take this further, absolutely, but accepting the new clause would be a much better assurance and indication of our intentions for what should happen in terms of getting rid of lead ammunition. Assurances and good words will be far less effective than putting this new clause in the Bill. The new clause goes further than voluntary regulations because it puts this firm date, 1 January 2023, in legislation. Those five-year assurances might go on and on; when is the actual end of that five years? The new clause ensures that action will happen, so we will be dividing the Committee.

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

--- Later in debate ---

[Ruth Jones]

I do welcome it, but I am a bit lukewarm. I would sooner it was down to the original rate in the 1960s of 85 litres per person, which would be far more helpful in moving forward on the climate change emergency. I am disappointed that the Minister has not taken the new clause on board, but I will not seek to divide the Committee on it, so I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 35

Clean Air Duty

‘(1) The Secretary of State must prepare and publish an annual policy statement setting out how the Government is working to improve air quality, and must lay a copy of the report before Parliament.

(2) The annual policy statement in subsection (1) must include—

(a) how public authorities are improving air quality, including indoor air quality; and

(b) how Government departments are working together to improve air quality, including indoor air quality.

(3) A Minister of the Crown must, not later than three months after the report has been laid before Parliament, make a motion in the House of Commons in relation to the report.’—(Fleur Anderson.)

This new clause requires the Secretary of State to publish an annual report on air quality which includes indoor air quality and the work of public authorities and Government departments working together to improve it.

Brought up, and read the First time.

[Fleur Anderson]

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

This is the final new clause. It is only right and proper that, as we come towards the end of the Committee’s scrutiny of the Bill, after considering more than 230 amendments and 35 new clauses, we end with something that we can all agree on.

This new clause is all about working together. It has been tabled by the all-party parliamentary group on air pollution. It asks Government Departments to work together and for reports on how the Government are working with local authorities to achieve something very ambitious—tackling our air quality. It has cross-party support from hon. Members including the chair of the APPG, my hon. Friend the Member for Swansea West (Geraint Davies), and 23 other MPs.

The new clause is intended to help the Minister to get to that holy grail of action—cross-departmental working—and to achieve cross-government support for action to tackle air pollution, specifically indoor air pollution. Given that the public health crisis results in 40,000 deaths a year and costs £20 billion, urgent action is needed by the Department for Transport and many others across Government. The new clause would help with that.

The new clause is an important addition to the parts of the Bill on air quality, in particular schedule 11. The Minister may say that that is sufficient, but I would argue that it is not. Schedule 11 amends the Environment Act 1995 and gives the Secretary of State the duty to report on the

“assessment of the progress made in meeting air quality objectives, and air quality standards, in relation to England, and…the steps the Secretary of State has taken in that year in support of the meeting of those objectives and standards.”

Those reports and that action are very welcome, but the new clause takes them further. It would be in the Bill itself, rather than an amendment to another Act, and has additional reporting requirements that would do more to ensure that there was more focus on achieving our air quality targets and more joined-up working in Government.

Hon. Members will have read an email sent to us all in which Professor Sir Stephen Holgate, the Royal College of Physicians’ adviser on air quality and the UK Research and Innovation clean air champion, supports the new clause. I know that it is important to the Minister to be science-led. He said:

“I strongly support the need for placing greater transparent responsibility on public bodies, both central and local, to say what steps they are taking to improve air quality, both outside and inside buildings including houses, workplaces and schools. Since most people spend over 80% of their time indoors, the indoor air is a particular concern especially since all the emphasis is on conserving energy by “sealing” buildings with little regard to ensuring that ventilation is adequate. …unless attention is focused on the ever-increasing chemical contaminants that will accumulate, without adequate ventilation, the public will suffer adverse health effects. This is especially so in periods of “lock-down” during the coronavirus pandemic and the attention needed to be given to this is in the building of new homes. Special attention must be given to vulnerable groups such as pregnant women, children, older people and those with chronic disease.”

Many other scientists back up those findings.

We all know that air pollution is a public health crisis, as acknowledged by the joint report of the Environment, Food and Rural Affairs Committee, the Environmental Audit Committee, the Health and Social Care Committee and the Transport Committee last year. There was joint working there, which we can encourage with the joint working on the reports that the new clause would make a legislative commitment.

A report by King’s College Hospital last year showed that cutting air pollution by a fifth would reduce the number of lung cancer cases by 7.6% in London, 6.4% in Birmingham, 5.9% in Bristol, 5.3% in Liverpool, 5.6% in Manchester, 6.7% in Nottingham, 6% in Oxford and 5.9% in Southampton. I read those figures out to show the local impact that air pollution is having on a considerable number of people’s lives; we know that it needs local action. The new clause would ensure that we find out what that local action is and whether it is good enough.

Living near a busy road can trigger bronchitic symptoms among children with asthma. If pollution were to be reduced by one fifth, there would be 3,865 fewer cases of children with bronchitic symptoms every year in London. In my own constituency, I would see the difference that that would make. The Government have made considerable funding available to local authorities, so local authorities should report back on what the funding has achieved.

We now know that there is a more urgent reason for the new clause, which would strengthen the Bill. There is a direct link between coronavirus deaths and air pollution. Harvard says there is an 8% risk, whereas the Max Planck Institute says it is 14%, for each additional microgram per cubic metre of PM2.5, the smaller particulates. There is a direct link between air quality and coronavirus deaths, and the new clause would make taking urgent action compulsory. It is no surprise that there is a link, because air pollution weakens lungs, hearts and brains, which covid also affects. We need a joined-up approach, with cleaner transport and ventilated schools. It is about education, health, better building regulations from MHCLG, better planning and knowing the effects of more home working with digital infrastructure.

The new clause would encourage a fiscal strategy that helps to drive a holistic vision of a cleaner, healthier and more productive future for all. Put simply, we need to have a joined-up approach to have the best effect, and the new clause would help to ensure that is done by asking for joined-up reporting. No matter what is already in the Bill, it just does not go far enough. The new clause is needed.

The new clause does not have specific targets and action plans that can be rejected by the Conservative party. In fact, they are for the Office for Environmental Protection, which was mentioned in many earlier debates, to decide. However, this would be a wonderful model for the UK to showcase at COP26 next year, and for other Governments to adopt. There is no doubt that there might be a silo mentality in DEFRA that says, “We can’t ask other Departments to do things,” but air pollution is an NHS public health issue of massive proportions, and it cannot be left to DEFRA or to the Secretary of State for one Department.

No one Department has the tools to combat air pollution. The Minister will say that she will work with the Department for Transport, the Department of Health and Social Care and many other Departments, but the new clause would ensure that others could learn from best practice—we would be able to see when things were not going well and put them right as quickly as possible. We need such a collective, joined-up approach. The Minister should raise her ambition to embrace other Departments that, in their hearts, want to work together for the common good.

As we have seen again and again with previous debates, the Government have a big majority and can vote against the new clause, but this is the opportunity—this last new clause—for us to come together and agree. The biggest test for the Government is not how many votes there are, but whether they are big enough to accept in good grace an idea from an all-party parliamentary group that they know is in the best interest and is supported in principle by all parties, and to take it forward for the common good. I think we would have cheers from people outside this place, who would hear that we are working together to tackle a concern that is so important to so many people.

This is an important opportunity to work together across government and public bodies to improve public health by improving air quality outside and inside, which would save lives. All our constituents would want us to do all that we can to protect them and their children, and the new clause would help us deliver on our duty to do so. I ask the Minister and members of the Committee to put their constituents and country first by supporting the new clause.

[Rebecca Pow]

After 230 amendments, why break the habit of a lifetime? Honestly, the hon. Lady will know that I have great sentiment about much of what she is saying. I also support the work of the APPG, who I have done a lot of close working with and spoken to many times. They have done some really useful work.

We recognise the importance of national leadership on this cross-cutting issue of air quality, including indoor air. It is right to draw attention to the issue. I want to give reassurances that we do not work in a silo. We work very closely with other Departments. We have a ground-breaking clean air strategy that goes across government. Air cannot be dealt with in one place and one silo, it travels everywhere, even to Gloucester. Only yesterday I had a joint meeting with the Under-Secretary of State for Transport, my hon. Friend the Member for Redditch (Rachel Maclean) on an air quality issue. Only last week I had a Zoom call with the Under-Secretary of State for Health and Social Care, my hon. Friend the Member for Bury St Edmunds (Jo Churchill). I hope that demonstrates how closely we are working on these issues.

On indoor air quality specifically, we are working across government. I have regular meetings with, in particular, the chief scientific adviser on this, and we work closely with the chief medical officer. We also work with the Department of Health and Social Care and Public Health England on indoor air quality in particular. They are all part of this big landscape, which she has pointed out. Building on the evidence base is a key step to ensure that interventions are appropriately targeted and introduced in the right way and in the right place. I hope that that gives some assurances on cross-government working.

I want to reassure the hon. Member for Putney that we have a range of reporting requirements relating to air quality, and we are introducing additional requirements through the Bill. We are introducing a requirement for the Secretary of State to make an annual statement to Parliament on progress toward securing local pollution objectives through paragraph 3 of schedule 11 to the Bill. Perhaps she has not noticed that. It will include steps taken in that year to support local authorities to meet objectives. In addition, the Secretary of State will be required to publish a national air quality strategy and review it every five years. That is under paragraph 2 of schedule 11 to the Bill, in case she wants to have a look at it.

Alongside this, through a statutory cycle of monitoring and reporting, which I have talked about constantly, the Bill ensures that the Government will take steps to achieve the targets set under the Bill. This includes the air quality targets. We have a legal duty to set an air quality target, and we are going to set another one in addition. We are going over and above for air quality. We can be held to account by the OEP if Parliament fails to monitor and report the progress toward the targets.

We also already have several annual reporting obligations on ambient air quality. The UK’s national atmospheric emissions inventory is compiled annually to report total emissions by pollutant. That is a very detailed inventory and has won an award, I think, for its detail. All of that information is already there. I think, perhaps, the Opposition are not aware of that. Do take a look. There is an annual requirement to report total emissions by pollutant and source sector in a similar way. We also remain signatory to the UN convention on long-range trans- boundary air pollution, because this is, of course, also a global issue, and we will continue to abide by that international agreement in full, including its reporting requirements.

The global work is really important. Back when we did the early assessment from the air quality expert group of what was happening during lockdown, we found that some of the pollutants did not reduce as we thought they might have done in the south of England. That was because we got some unexpected wind from Europe, and it brought all kinds of pollutants that were not even ours! It is very important that we remain part of that agreement.

Compliance with air pollution concentration limits and targets is reported in our annual air pollution in the UK report, which summarises measurements from the national air quality monitoring networks. I reassure the hon. Lady that we already work very closely with other Government Departments, and that we have robust mechanisms in place to report on progress. I hope that has provided more detail and clarity as to what is going on in air quality, and hope that the hon. Member might keep up with the trend—or maybe break it—and withdraw her new clause.

[Fleur Anderson]

I thank the Minister for the information about all the action being taken, and for the heartfelt—and I agree, sincere—desire to take action on this, and going over and above on air quality. We all welcome that. However, I have also read schedule 11 very thoroughly, as have the members of the all-party parliamentary group on air pollution. They have taken advice from scientific experts and feel that there is something missing in the reporting that would actually make a difference and ensure that we take the action we want to see on our air, and put that into practice. The missing parts are how public authorities are improving our air and how Government Departments are working together. I welcome the fact that the Minister is meeting with other Departments. She should welcome the opportunity to demonstrate what those meetings are resulting in with the annual report, and to demonstrate the appropriate targeting, achievements and progress we have discussed. As has been customary, we will be dividing on this, but we also want to work together to see a dramatic improvement in our air quality.

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