Environment Bill (Twelfth sitting)

Fleur Anderson Excerpts

Committee stage & Committee Debate: 12th sitting: House of Commons
Tuesday 10th November 2020 Public Bill Committees

[Dr Whitehead]

I take the hon. Gentleman’s point but it is not a question of the OEP having to take on the mantle of English Heritage, or a national monuments commission, and assiduously sweeping the leaves off ramparts and other things. Hon. Members will see that clause 41 is simply a meaning clause: it defines what we mean elsewhere in the Bill. It is important inasmuch as it provides a serious context in which other measures in the Bill can be seated. That is its only function. When we are seating those meanings within other parts of the Bill, it is important that we are clear about the extent of those meanings or indeed the limits of those meanings. That is all that the amendment seeks to do. It does not seek to do anything more, and does not give the OEP any obligation as far as these monuments and buildings are concerned, nor the changes in the landscape to which I refer. The hon. Member can rest assured that there would be no duty of care on the OEP, and it is merely a matter of including that in the definition.

[Fleur Anderson (Putney) (Lab)]

Does my hon. Friend share with me concerns that the National Trust—one of the custodians of our British landscape—is also concerned about that very clause? They say that heritage and the natural environment “go hand in hand”. They will be looking to the clause to put them together in the correct way, as my hon. Friend said, for the very nature of our British environment. Nobody in this room would disagree with that.

[Dr Whitehead]

I thank my hon. Friend for that point, which I had not fully covered. The National Trust is, indeed, responsible for sweeping the leaves and various other things from these monuments, and it is among the bodies expressing concern that the meaning of clause 41 will not adequately serve the purpose of guiding the clauses that go before it. I hope that the Minister can provide a good explanation for the meaning in parenthesis being as it is. It is not that it should not be there—it will cover a number of issues, and if it was not there then we might start considering a modern block of flats part of the natural environment. Clearly, we would not want to go that far. I hope that the Minister accepts that amendment 126 strikes the right balance, ensuring that we have a much better definition to work with and that we make a distinction between buildings and other structures that are clearly not part of our natural environment and those that have become so, certainly in the public’s view, and deserve to be included in this meaning clause.

Environment Bill (Ninth sitting)

Fleur Anderson Excerpts

Committee stage & Committee Debate: 9th sitting: House of Commons
Tuesday 3rd November 2020 Public Bill Committees

[Deidre Brock]

It is important to establish a principle that no area of Government should be exempted from its responsibilities to the environment. The amendment brings the activities of the Ministry of Defence, the armed forces, defence and national security into the scope of the Bill. I have been talking at length on this subject for some time now, and have submitted numerous parliamentary questions on it. Some of those questions actually received answers, but sadly I am still awaiting a letter from the Minister for Defence People and Veterans outlining the environmental impact assessment of the MOD’s operations at Cape Wrath, which he promised me in February of this year. Perhaps mentioning that today will jog his memory a little.

We have swathes of munitions dumps up and down the UK coast, still imperilling our fishers and others on our waters. There are also large chunks of land in the UK currently outside the scope of the Bill. Yes, hundreds of nuclear safety incidents on the Clyde were acknowledged by the MOD, but only because of written questions I had submitted. We have no idea what impact military fuels are having. Scientists for Global Responsibility estimates that 6% of global greenhouse gas emissions result from military-related activities.

I understand that the percentage share of the UK’s emissions total is lower for defence here, but our omissions from the military are still higher than those of some entire countries. By taking this action, the UK really could act as a world leader and role model. We have no idea what impact weapons testing or training efforts have. I know because of my parliamentary questions that assessments are made, but they are not published. It must be possible to make such assessments transparent without compromising the safety of our forces and their interests.

A number of witnesses to the Committee, when I asked them about the issue, seemed to agree that it was something of an anomaly. Lloyd Austin of Scottish Environment LINK, while accepting that exceptions will exist, said that they

“should be based…on a degree of justification for why…the environmental issue has to be overwritten. Nobody thinks the environment will always trump everything but, on the other hand, where the environment is trumped, there should be a good reason, and that reason should be transparent to citizens.”

John Bynorth of Environmental Protection Scotland said:

“It is a bit arbitrary and unjustified that the military…should not be subject to the same conditions as everyone else.”––[Official Report, Environment Public Bill Committee, 12 March 2020; c. 143, Q202.]

Ruth Chambers, from Greener UK, speaking about the fact that this duty will not apply to the Ministry of Defence, said:

“Already, we seem to be absolving quite a large part of Government from the principles.”––[Official Report, Environment Public Bill Committee, 10 March 2020; c. 71, Q112.]

The environmental principles, that is.

I am not going to speak for long—we have many amendments to get through—but I have been raising this issue for a long time. I was delighted to see Labour come on board too, although disappointed to see that they still want to keep the exemption for national security. We have to ask what kind of national security will be left to us if the environment goes belly up.

From answers received from the House of Commons Library, I know that there are so many pieces of primary legislation containing exemptions relating to the armed forces that it is not possible to list them all. If we are going to start stopping these exemptions for the military, the place to start should be in the Environment Bill. I am interested to hear the Minister’s response, but I am going to press the amendment to a vote.

[Fleur Anderson (Putney) (Lab)]

Clause 18 makes the armed forces, defence or national security exempt from due regard to the policy statement on environmental principles. It is detrimental to leave this whole section of Government out of the Bill’s provisions. If we want this Bill to be a legal framework for environmental governance and to have all the correct people in one room, why leave out one of the biggest polluters, the biggest spenders and the biggest landowners? It just does not make sense in terms of achieving ambitious net zero targets.

Were the exemption to be confined and constricted to decisions relating to urgent military matters and those of national security, it is of course entirely reasonable. I fully accept that there will be occasions when national security has to take precedence over environmental concerns. We do not want to impede the work of our armed forces or compromise our safety and security in any way. However, the clause is not drafted as tightly, cleverly and smartly as that. Rather, it is a blanket exclusion for the Ministry of Defence, the Defence Infrastructure Organisation and the armed forces from complying with the environmental principles set out in the Bill.

The carbon footprint of UK military spending was approximately 11 million tonnes of CO₂ in 2018—very significant. Some £38 billion was spent on defence last year alone—more than 2% of our GDP. Bringing how that is spent in line with our environmental aims is essential to achieving our overall national environmental targets. If it is not in the Bill, it is just going to be left to goodwill and to hoping that it will work.

I hope that the Minister will shortly argue that the principle is important and, if it is, the armed forces and defence must not be exempt—that is how we show it is important. The Ministry of Defence is one of the largest landowners in the country, with an estate that is nearly equal to 2% of the UK landmass. Last week I was on Salisbury plain, which is the size of the Isle of Wight. It is where significant military work is carried out, but it is also where a significant environmental advantage could be held.

The Defence Infrastructure Organisation manages 431,400 hectares of land within the UK. The sites are used for training, accommodation and large bases and the organisation has a remit to ensure the safety, sustainability and rationalisation of the estate. It states that:

“MOD has a major role to play in the conservation of the UK’s natural resources. Stewardship of the estate means that the MOD has responsibility for some of the most unspoilt and remote areas in Britain; with statutory obligations to protect the protected habitats and species that they support.”

I am not arguing that the Ministry of Defence does not care about the environment. I am saying that, if we all care about the environment, the MOD should come within the legal framework of guidance. We can have an amendment specifically tailored for the armed forces. Much of the land used by the MOD for training and operations is in highly sensitive environments and many parts are located in areas of outstanding natural beauty, including Dartmoor, Lulworth, Warcop and the Kent downs. They are subject to a number of associated policy processes, such as bylaw reviews, planning applications and so on, which means that they are subject to environmental protection. They should be joined up and come within the remit of the Bill as well.

A reason for adding this matter to the Bill is that the Ministry of Defence is already deeply committed to environmental protection and to tackling climate change, but a major rethink of defence policy is needed to achieve our ambitious environmental aims. New approaches to procurement are needed in particular. The Air Force, for example, is looking at different types of aircraft fuel. That should come within the Environment Bill, not without.

It prompts the question of why there is a blanket exemption, as it does not give credit to the armed forces and to the newly formed strategic command for all the work they are doing to achieve our environmental goals. The clause should be tightened up considerably. Rather than separating them, here is an opportunity to link the Bill’s environmental principles to the armed forces’ environmental objectives. We are in a climate emergency. There is no time to wait around for the goodwill of enormous Departments to get in line—certainly not one with such significant spending, carbon emissions and land ownership. I urge the Minister to support the amendment, or to come back with a smarter amendment that enshrines our national security at the same time as enforcing the speed of environmental action that we need and expect the armed forces to be able to deliver.

[Dr Whitehead]

What the Committee needs to understand is that the inclusion in the Bill of the application of policy as set out in subsection (1) does not apply to the armed forces. Subsection (1) states:

“A Minister of the Crown must, when making policy, have due regard to the policy statement on environmental principles currently in effect.”

The Minister must, therefore, have “due regard” to policies on environmental principles except where it relates to anything to do with the “armed forces”, as my hon. Friend the Member for Putney said. She mentioned that it is particularly important when the land that the MOD has under its control is considered, which we indeed know from the handy “National Statistics” publication which states what land is owned by the MOD. The issue, however, is not only the land owned by the MOD but also the further 207,400 hectares over which it has rights in addition to its freehold and leasehold-owned land. A reasonable interpretation of that is to consider what is controlled by the MOD and the armed forces. Is that a total of 431,000 hectares, as mentioned by my hon. Friend? That is the size of Essex plus half of Greater London, to put it into context. That is the amount of land that is under no jurisdiction at all as far as environmental principles are concerned.

There may be good reasons for that huge amount of national land resource being exempt from these environmental protections, but none are immediately apparent to me. Not only are they not apparent to me, what is apparent to me is that an organisation that undertakes actions that prejudice the environmental quality or environmental protection of UK land is often required to mitigate those actions elsewhere in any other sector. If a new port berth is being decided upon, then one of the first things to happen is that a consideration of environmental mitigation takes place for the land that has been despoiled by the new port, even if the berth is regarded as necessary. Even that principle does not appear to apply as far as the MOD is concerned.

As my hon. Friend said, I accept that when a person drives across Salisbury plain, for example, they occasionally see great big tracks on the plain where tanks have driven around it, and that on the Lulworth ranges there is weaponry practice that has environmental impacts. Of course, that is a part of MOD defence activity, and it may be necessary for that activity to be carried out. However, it does not seem beyond our imagination to consider that the MOD and defence should be in a different position as far as environmental mitigation is concerned. It would be quite reasonable to suggest that within the necessary undertakings that the MOD has to go about doing, environmental mitigation should be part of that process, if necessary. To just give the armed forces a blanket let-off as far as any environmental principles are concerned seems, to me, a bridge too far.

Environment Bill

Fleur Anderson Excerpts

Money resolution & Money resolution: House of Commons & Programme motion & Ways and Means resolution & Ways and Means resolution: House of Commons
Wednesday 26th February 2020 Commons Chamber

[Fleur Anderson (Putney) (Lab)]

I am pleased to speak in this very important debate, and I congratulate everyone who has made their maiden speech.

After years of Government inaction on the environment and of facing an increasing climate emergency, the eyes of the nation—not only young people, but especially young people—are on this debate and on us today, asking: is this going to go far enough, is this going to go fast enough, and is this what Brexit was really all about? I do not think the Bill does any of those things, and I will outline a few of the areas I think my constituents in Putney are very concerned about, but which are also of real impact for people not only across the country but the world.

The first area is air pollution. New figures from Public Health England have revealed that the risk of dying from long-term exposure to London’s toxic air has risen for the third year running. King’s College research shows that, by the age of 10, children in London have a missing lung capacity the size of an egg for each lung. That will not grow back: it is permanent damage. It especially affects the poorer people of London, who often live on the most affected roads.

Putney High Street in my constituency is one of the most polluted streets in London, and I think we would find that many more were polluted if there were more air monitors. Green buses have made a huge difference to Putney High Street and to reducing air pollution, thanks to support from the Mayor of London and the Assembly, but more must be done. I am delighted that the Mayor is committed to meeting World Health Organisation targets for London by 2030.

There are many ways in which this Bill fails to be ambitious enough on air pollution. It should include a legally binding commitment to meet World Health Organisation guideline levels for fine particulate matter pollution by 2030 at the very latest. Why have the Government chosen not to commit to WHO recommended guidelines in this Bill? They should strengthen the Office for Environmental Protection, making it independent and robust, and granting it the ability to levy fines and to make binding recommendations. It needs to have teeth, otherwise it will not be the effective body we need it to be, and we will not go far enough fast enough.

The Bill should include more of a modal shift towards cycling and walking, which is absolutely essential to cleaning up our air.

[Lilian Greenwood (Nottingham South) (Lab)]

Does my hon. Friend agree with Cycling UK, which is calling for an amendment to the Bill that would bring back the Road Traffic Reduction (National Targets) Act 1998 and amend it to require the setting of targets for road traffic reduction? That could make a big contribution to a modal shift, and to improving air quality and indeed carbon emissions.

[Fleur Anderson]

I absolutely agree with cycling campaigners across the country who are asking for this. I know this Bill has an annual reporting mechanism on air quality, but I would like it to include this so that our roads become safer and to make it easier to store our bikes as well—two things that are absolutely essential to increasing cycling in the country.

The second area is Heathrow airport. Tomorrow the Court of Appeal is due to rule on a legal challenge to plans to build a third runway at Heathrow airport. The expansion of Heathrow is fundamentally at odds with the aims of this Bill. The two are completely incompatible, and expansion cannot go ahead. An expanded Heathrow will increase the UK’s carbon emissions by between 8 megatonnes and 9 megatonnes of CO₂ per year, with much of it being dumped on green spaces such as Putney Heath in my constituency. It will dwarf a huge number of other carbon reduction areas that we might consider and that might be introduced by councils across this country.

Heathrow expansion will worsen air pollution levels in Putney. The Government have accepted that it would have a “significant negative” effect on air quality, and they have provided no evidence to show how Heathrow can both expand and comply with legal limits at the same time. It will also result in jobs being drawn away from other regions by 2031. According to analysis by the New Economics Foundation of the Department for Transport’s own data, jobs would be drawn away from regions—for example, 2,360 jobs would be drawn away from Bristol, 1,600 from Solihull, and 1,300 from Manchester. This is not just a London issue and problem. Heathrow expansion will result in an additional 260,000 flights per year, which is not compatible with the climate crisis we face. I therefore implore the Minister to intervene and reverse the Government’s decision to allow the expansion to proceed, and to use the Bill to legislate against all airport expansions that cannot clearly demonstrate that environmental targets will be met.

My third point is that the Bill must strengthen, rather than dilute, the European Union environmental framework that it replaces. The EU possesses one of the most comprehensive and effective environmental legal frame- works in existence. Currently, 80% of our environmental laws come from the European Union, and those laws have brought many benefits, such as a 94% drop in sulphur dioxide emissions by 2011. We were losing 15% of our protected sites a year, but thanks to EU regulation that is now down to 1%. More than 90% of UK beaches are now considered clean enough to bathe off. My constituents in Putney are concerned that the Bill will water down the protections that the EU has given us, and I have been inundated with emails about that. The Bill must include a straightforward and substantive commitment to the non-regression of environmental law.

My fourth point is that the Bill does not go far enough to protect our oceans. Right now, 93% of fish populations are overfished, and only 1% are properly protected. Next month is a huge opportunity to take action at the Global Ocean Treaty negotiations, and I implore a senior Minister to attend those negotiations and set ambitious targets—I would like to know whether that is being planned.

Communities in Putney experience some of the most acute environmental problems facing the UK. They suffer from some of the highest levels of air pollution in the country, and they will be some of the biggest losers following an expanded Heathrow. They cannot afford to have environmental standards go any lower. For that reason, I believe that the Bill fails them, and I implore the Secretary of State to do better. This long-awaited Bill is just not good enough—it is not good enough to say that it is okay. It will not tackle the climate emergency. It must include targets and more resourcing for local councils, and it must go further and faster on air pollution and carbon reduction. Only then will it be worthy of the label “world leading” on environmental action.

Oral Answers to Questions

Fleur Anderson Excerpts

Thursday 6th February 2020 Commons Chamber

[Theresa Villiers]

I will, indeed. Our departure from the European Union gives us the opportunity to introduce a new farming policy—a new system of farm support—that has sustainability and the environment at its heart. We can use that to support our farmers in the brilliant work they already do as stewards of our environment and countryside.

[Fleur Anderson (Putney) (Lab)]

T6. Putney High Street is one of the most polluted streets in London and the country, although electric buses have helped a lot. Ammonia emissions, predominantly from farming, are rising and are above World Health Organisation safe limits. In London, particulates derived from that ammonia are the largest contribution to imported background or particulate pollution. Will the Secretary of State commit to tackling this issue of ammonia pollution in the Environment Bill?

[Theresa Villiers]

We have a strong focus on these matters. The measures we will be bringing forward in the Environment Bill will help us to set challenging and demanding targets on those issues. Our new system of farm support will also provide support to farmers in reducing ammonia emissions. I know they are determined to do it. I understand completely the importance of delivering on this.