Water Supply Disruption

Holly Lynch Excerpts

Tuesday 6th March 2018 Commons Chamber

[Holly Lynch (Halifax) (Lab)]

I am grateful to the Minister for that statement.

While last week’s freezing temperatures presented serious challenges all over the country, the failure of water companies to supply water to customers as the weather has improved has now descended into chaos. The aftermath of the “beast from the east” and Storm Emma meant that yesterday, 5,000 homes were without water in Kent, with thousands of properties across Wales, parts of the midlands and Scotland also affected by intermittent water supply.

In London, Thames Water battled to re-establish supply to around 12,000 homes and several schools. Two of the country’s flagship businesses, Jaguar Land Rover and Cadbury, were among several forced to cease production at the request of Severn Trent Water, as it sought to prioritise household supplies. Even today, as we heard from the Minister, South East Water says that around 12,000 of its customers still have no supply, and companies continue to struggle to reconnect homes and businesses across London, Kent, Sussex and Wales, leaving some homes without water for up to three days.

While we all accept that last week’s weather conditions were incredibly challenging, the reality in London is that although freezing temperatures persisted over several days, temperatures did fluctuate and only fell as low as minus 6°C on one occasion overnight. Where is the resilience in the system, and why have we seen such systemic failure?

The Secretary of State for the Environment, Food and Rural Affairs made a speech just last week outlining that in many areas, water companies were failing to deliver. Six companies missed their leakage targets for 2016-17, with Thames Water’s performance data showing that 677 million litres are being lost to leakages every single day. To put that in context, the entire city of Cape Town uses 631 million litres a day.

Despite those failings on leakage, water bills have increased by more than 40% since privatisation, with many consumers set to see another rise in a few weeks’ time. Further to that, analysis by the House of Commons Library shows that executives at the top nine water and sewerage companies operating in England earned a combined total of nearly £23 million in 2017. The highest paid executive, the CEO of Severn Trent—the same water company that yesterday asked Cadbury and Jaguar Land Rover to cease production—took home a total of £2.45 million last year, or 16 times the Prime Minister’s salary. That is on top of the billions paid to shareholders—the owners of those same nine water companies paid out £18.1 billion in dividends in the 10 years to 2016. In addition, six water companies have offshore finance structures registered in the Cayman Islands.

We have had tough words from both the Secretary of State and Ofwat, but where is the governance, and where is the action? In his recent speech, the Secretary of State said:

“Some companies have been playing the system for the benefit of wealthy managers and owners”

and stressed that he would give Ofwat “whatever powers are necessary” to get all the water companies to “up their game”. Rachel Fletcher, Ofwat’s chief executive, has been tough on water companies in the past 72 hours, saying that

“we won’t hesitate to intervene if we find that companies have not had the right structures and mechanisms in place to be resilient enough.”

However, just last month, Fletcher confirmed to the BBC that a dividend cap was not in Ofwat’s current thinking, nor was direct action on executive pay or tax structures. Instead, she said, Ofwat would require water companies to provide more public information on each of the areas of concern. If the Secretary of State’s plan is to empower Ofwat to intervene, I am afraid that based on what we have seen, there is no appetite in Ofwat to do so.

That regulatory failure on this Government’s watch has contributed to a situation where executive pay is out of control, and the failure to invest in resilience has left households and businesses picking up the cost. With that in mind, I would be grateful if the Minister could answer this question: if Ofwat lacks either the appetite or the powers to tackle—pay and rebalance profits so that less is pocketed by executives and more is invested in improving the service and resilience, what action will the Government take to make that happen? Will the Government respond to calls for a public inquiry into the handling of the crisis, and can the Minister outline whether that will involve the role of Ofwat leading up to where we are today?

Finally, can the Minister outline what compensation packages will be made available to customers, some of whom have had to seek temporary alternative accommodation or pay for childcare because schools have been closed? How will businesses that have lost a day’s trade be both compensated and reassured that this will not happen again?

[Dr Coffey]

The hon. Lady asked a number of questions, mostly about company structures, but she will understand that we have been focused on customer experiences in the past 48 hours in particular. That said, my right hon. Friend the Environment Secretary read the riot act to the water industry last week.

We recognise that over £140 billion has been invested in infrastructure since privatisation, but we still believe that more needs to be done. The hon. Lady will also recognise that, on average, water bills have fallen in real terms in the past five years—over the price review period. It is important that we get an appropriate balance between investment, recognising that people expect to be able to turn on the tap and get water—I fully accept that many households in London are still not receiving water—and customer bills. It is important to have a regulated water industry to achieve such a balance.

I think Jonson Cox has been an active chairman of Ofwat in challenging the water companies. In particular, he has taken on Thames Water about its financing arrangements. Again, the Department and Ministers have made it clear to the water companies that we expect them to accelerate the changes to their financial structures. I recognise that those structures were put in place some time ago, but we have said that we expect them to change more rapidly than some of their current plans suggest.

Overall, we need to recognise that the review—I have asked Ofwat to report back to me by the end of the month—may be only an interim one, with the initial lessons about what has happened. In the short term, however, I am conscious that we must continue to put pressure on Thames Water in particular to make sure that it reconnects households as quickly as possible.

Middle Level Bill

Holly Lynch Excerpts

Report stage: House of Commons
Wednesday 28th February 2018 Commons Chamber

[Sir Christopher Chope]

Okay, amendment 26 is to clause 15, line 38. The clause, on the protocol of removal of vessels, states:

“The Commissioners must, in consultation with the Navigation Advisory Committee, prepare, publish and maintain a protocol on the use of powers under or by virtue of this Act to remove vessels.”

My amendment proposes to change “in consultation with” to “in conjunction with”, because it seems to me that the Navigation Advisory Committee should work jointly with the commissioners rather than just in consultation with them on this important matter. Again, amendment 25 tries to reduce the powers conferred upon the commissioners under clause 14(4) and how they can be exercised.

As I said at the beginning, this is a much improved Bill, compared with how it was. It has now reached the stage where, because all the amendments have been grouped together, it would not be sensible to test the will of the House on each one—I am glad that you agree with me on that proposition, Mr Deputy Speaker. However, the Bill’s promoters are worried about whether the fact that we are discussing these things in the House today means that they cannot be discussed further when the Bill gets to the other place. My understanding is that when it goes to the other place, there is a fresh opportunity for people to put in petitions, in which they can include whatever they wish to, and I am sure that the other place will build upon the discussions that we are having this evening and have had prior to it, so that eventually, the Bill will be even better than it is now.

[Holly Lynch (Halifax) (Lab)]

I am pleased to respond on the Opposition’s behalf to this opposed private business. Although it might not be the most conventional way to introduce legislative change, and I have heard the detailed reservations of the hon. Member for Christchurch (Sir Christopher Chope), we are none the less satisfied that the Bill makes sense, and our intention is to support the Bill as it stands. Although the Bill is fairly narrow in scope, we acknowledge that it has important consequences for those who will be affected. We are satisfied that due scrutiny has taken place in Committee and is taking place at consideration stage this afternoon.

The Middle Level of the fens was first drained in the 17th century to reclaim an area of farmland in Cambridgeshire and west Norfolk. The Middle Level Commissioners are the navigation authority for the waterways, established through a series of local Acts passed between 1663 and 1874, so we appreciate that the legislative framework underpinning the role of the commissioners is in need of an update. This is not least because almost all the fenland within the Middle Level waterways is below sea level, and if it was not for a complex system of flood mitigation and drainage schemes managed by the commissioners, the waterways could pose a significant risk to the estimated 100,000 people who live and work in the area.

In the simplest terms, the Bill will introduce a registration scheme for vessels in the Middle Level and allow the commissioners to bring in revenue from boat owners that will be used to improve the waterways. The Environment Agency, the Canal and River Trust and the Broads Authority all have similar powers in respect of their own navigations, so in many ways, the Bill is long overdue in bringing the Middle Level into line with its neighbours. Additional income for the commissioners could make a real difference to the fenlands and waterways, and although I appreciate the desire of local boat users for improved facilities on the waterways, as we have heard, the Bill will allow the commissioners to raise revenue to deliver this.

--- Later in debate ---

[Philip Davies]

Does the hon. Lady have any sympathy with any of my hon. Friend’s amendments, particularly the one about no charge

“being payable in respect of the use of the waterway by a vessel being used by a person who is registered disabled”?

Is that not something the Labour party would welcome?

[Holly Lynch]

I understand the hon. Gentleman’s point, which is a valid one, and of course we want to improve accessibility so that everyone can enjoy our waterways. It is certainly something we would consider further in later discussions on the Bill, but it is not something we would vote for later today.

Taking everything into account, we are satisfied that the Bill is sensible in updating the legal framework setting out the role of the Middle Level Commissioners and bringing them into line with what is now standard practice across comparable waterways. Despite its unusual journey through Westminster, we have no problem supporting it this afternoon.

[Kevin Foster]

It is a pleasure to get another opportunity to speak on the Bill. Given that it has already had its Second Reading, I will focus my remarks on today’s amendments and the changes made in Committee.

As the hon. Member for Halifax (Holly Lynch) just mentioned, a number of positive changes were made to the Bill in response to the petitioners’ concerns, and I was grateful to hear my hon. Friend the Member for Christchurch (Sir Christopher Chope) say that changes had been made and that people had listened. It is appropriate, however, that I say briefly why I do not think it would be appropriate for the amendments and new clauses to be accepted.

New clause 1 would set a minimum navigation depth actually lower than the one in current legislation. New clauses 2 to 5 refer to specific facilities that could be provided. As suggested in an intervention, it does not seem logical to specify in statute things such as coin-operated water showers. Were that to sit in primary legislation, it would run the danger of the Bill becoming completely outdated. It also makes sense for users, via the mechanisms proposed in the Bill, to be able to discuss what are appropriate facilities. The inclusion of some of these items might also render particular powers ineffective where planning permission is refused. I therefore urge the House to reject all the new clauses.

UK Fisheries Policy

Holly Lynch Excerpts

Tuesday 27th February 2018 Westminster Hall

[Holly Lynch (Halifax) (Lab)]

It is always a pleasure to follow the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), and I thank you, Mr Paisley, for chairing this debate. I congratulate the hon. Member for North Cornwall (Scott Mann) on securing this debate. He opened proceedings with an incredibly balanced and insightful speech, and has a passion for fishing. I think I speak for everybody when I say that we are all ears regarding any and all measures we can consider that will put an end to the wasteful practice of discards. I lend my support to his proposal to pilot schemes wherever possible, so that we can build that evidence base and inform the incredibly important decisions in the following weeks and months that will form the basis of future UK fisheries policy.

Today’s debate is timely and important considering that we are just over a year away from leaving the European Union, and phase 2, which will include negotiations on the future of fisheries, is about to begin. As with the annual fisheries debate last December, however, it is not entirely possible to use this opportunity to consider, scrutinise, or get to grips with the detail of fisheries policy post-Brexit because those negotiations have not yet happened. Nor have we had policy papers of any colour to help shape or steer the discussion. With the timetable for the fisheries Bill still shrouded in ambiguity, it brings me early in my speech to my first ask to the Minister. MPs on both sides of the House, as well as stakeholders across the fishing industry, would be grateful for any update on the timetable for policy papers and the fisheries Bill to assist with preparations for what will be an incredibly intense period once that process gets under way.

As we have already heard, there are a range of Brexit interests and opinions within the UK’s fishing community. People’s fears and aspirations for a post-Brexit policy vary significantly based on where they are in the country and what is being fished. Those fishing eels in Northern Ireland—I sympathise with the frustrations of the hon. Member for Strangford (Jim Shannon)—will have a different outlook from the trawlermen from Peterhead, and the large fish processors in places such as Grimsby will see things very differently from anglers in Lyme Regis.

To ensure that the Labour party has the most comprehensive understanding of those variations, at the end of last year we launched a consultation ahead of the upcoming fisheries Bill. We want to ensure that those with an interest can have a say in that process, and I am looking forward to going through those submissions in detail when the consultation closes.

The rhetoric of the Secretary of State for Environment, Food and Rural Affairs has driven expectations for a significant uplift in economic activity in the fishing sector, which we are all keen to see. It will not have escaped the Minister, however, that much of this Government’s rhetoric on fishing has been far from harmonised with that of the EU27. Has the Minister seen, and had chance to reflect on, the draft statement produced by the European Parliament’s Committee on Fisheries—the PECH Committee—which will form the European Parliament’s resolution next month that will facilitate phase 2 of the Brexit negotiations? The statement makes it crystal clear that the EU27 will seek to ensure mutual access to waters and resources in accordance with the relative stability principle. It stresses that reciprocal market access for fishery products has to be negotiated as part of a free trade agreement or an association agreement, and that the level of access to the EU domestic market has to be conditional on the level of access for EU vessels to UK fishing grounds, linking both matters in the agreements.

That position could not be any more at odds with this Government or the Secretary of State. Faced with that, will the Minister outline for hon. Members the Government’s red lines on fishing? Will the Government seek to deal with access to waters and access to the single market separately, or accept the PECH Committee’s terms of both matters being intrinsically linked? How do they intend to build support for our position within the remaining EU27?

[Mrs Sheryll Murray]

Could the hon. Lady clarify what the Labour party’s position is? Has she just read out the Labour party’s position? Is it what the PECH Committee has said?

[Holly Lynch]

No. I want to be clear that the policy statement has come from the PECH Committee of the European Parliament. We will all have our concerns. We are going through that consultation and will outline it in more detail in the coming weeks, but I am clear that we are about to embark on phase 2. That is the position of the EU27, and I am keen to get the Minister’s perspective on it.

With that in mind, I appreciate that the Government have been walking a tightrope for months. Despite his tough taking-back-control narrative, the Secretary of State apparently told the Danish market back in August of last year that

“boats from EU countries will still be able to operate in UK waters after Brexit, as the UK does not have enough capacity to catch and process all its fish alone.”

During the annual fisheries debate in December, I asked the Minister for the evidence base for that assertion, which has been contested by the representative fishing organisations that I have met—they have been mentioned in the debate. Can he add any more meat to the bones of that suggestion?

As an MP for a thriving fishing community, the Minister will be aware that access to European markets is incredibly important for our fishing industry. Although the level of dependence on the European market varies by sector, up to 85% of our crab, lobster and prawns are sold into Europe. We will need the freest possible trade with our neighbours if we are to satisfy the demand from European consumers for our top-quality shellfish.

Last year, the Financial Times reported on the Coast Seafood company on Norway’s west coast, which is obliged to pay 2% tariffs on exports of raw salmon, trout and herring to the EU. If it wants to sell processed products such as smoked salmon or salted fish, those are classed as value-added and, in the case of smoked salmon, face a tax of 13%. That is because Norway is outside both the EU and the customs union. The firm’s owner told the paper that the tariffs hold back the Norwegian industry. It is for that reason that Labour is committed to a customs union with the EU. We want to prioritise trade and ensure that those routes to market for our seafood products remain open. A situation where fish processing becomes uncompetitive would be a massive problem for constituencies such as Grimsby.

[Joanna Cherry]

The Brexit Committee was told by Norwegian witnesses that, because Norway is not in the customs union, there are high tariffs on processed fish and they send their fish to Poland and Germany to be processed. Does the hon. Lady agree that, if the United Kingdom leaves the customs union, many fish processing jobs will be lost in Scotland and beyond?

[Holly Lynch]

That is the fear. There will be constituencies around the UK, such as Grimsby, where many jobs are involved in the fish processing sector. We seek clarity on that from the Government as we go into the negotiations.

[John Redwood]

Is the hon. Lady also saying that it is Labour policy that we should be prepared to bargain away fish stocks in order to get that customs agreement?

[Holly Lynch]

I refer the right hon. Gentleman to the opening speech, where we had a nuanced approach. That will be in the discussions. Access to markets will be important for our fish, but having control of our waters is incredibly important. The Government will have to strike that balance as they go into the negotiations, which is what we are reflecting on today.

In contrast, the Conservative Government have moved from saying that they want trade with the EU after Brexit to be tariff-free to saying that they want trade to be as tariff-free as possible. It is starting to feel as though we are moving only backwards against the Government’s, if not the leave campaign’s, initial bold assertions for a post-Brexit fisheries policy.

It is reassuring that there is firm common ground between the fishing industry, conservationists, recreational fishers and consumers alike that a sustainable approach to a new fishing policy is the only game in town. That was the theme running through a fisheries discussion of experts that I chaired on behalf of the Parliamentary Office of Science and Technology just last week. For a sustainable approach to work, however, we need two things if we are to have confidence in managing fish stocks responsibly. We need a means of robustly enforcing our approach, and we need to get the science right. Those two things have been mentioned in the debate today, and I am sure they will be considerations for the Minister in the coming weeks and months.

There is renewed public awareness of the need for action to preserve our marine environments—a point made passionately by the right hon. Member for Newbury (Richard Benyon). I am hopeful that consumer movements will play an important role in reducing the plastic waste in our waters. The success of the Marine Stewardship Council certifications shows how environmentally aware consumers can bring about positive change. However, we will need Government action to prevent plastics and protect marine environments.

Labour are proud of our record in government and of introducing the Marine and Coastal Access Act 2009. We included bold commitments in our manifesto ahead of last year’s general election. We support the blue belt proposals for our overseas territories, and our recently released animal welfare plan announced a consultation on the creation of national marine parks. I hope that those matters will not be overlooked as the negotiations on the future of the UK’s fisheries policy move forward.

Marine protection and fisheries management, as we have already heard, are two sides of the same coin. If we get it right and set the standard both domestically and in our waters around the world, we can secure a flourishing marine environment and a strong and profitable fisheries sector. However, on many of the biggest questions faced by the fisheries sector, hopes are high, but we are still in the dark on much of the detail. There are plenty of opportunities for our fishermen and women and our coastal communities as we leave the EU, but what we desperately need from this Government is the road map, outlining just how we deliver against those opportunities.

[Ian Paisley (in the Chair)]

Given that the mover of the motion had such a good innings, I do not intend to call him to make a wind-up. I call the Minister, George Eustice.

Air Quality

Holly Lynch Excerpts

Thursday 22nd February 2018 Commons Chamber

[Holly Lynch (Halifax) (Lab)]

I have heard the response from the Minister, but the reality is that yesterday the Government’s plan was ruled unlawful for the third time in three years. Here we find ourselves once again having to take the Government to court and having to summon them to the Dispatch Box for them to take any action on this serious issue of public health.

We know that air pollution is responsible for about 40,000 premature deaths each year, with cardiovascular disease accounting for an estimated 80% of all such premature deaths. Research by the British Heart Foundation found premature deaths and diseases attributable to air pollution in the UK result in over £20 billion in economic costs every year. The UK is currently routinely exceeding the legal pollution limits set out in the 2008 EU ambient air quality directive. That poses the serious question of whether this Conservative Government can be trusted with our environment and to deal with illegal air pollution after the UK leaves the EU, given the kind of ducking and diving we are witnessing now.

As the Select Committee on the Environment, Food and Rural Affairs has stated, this situation has escalated into a public health emergency, yet the Government’s attitude and actions do not appear in any way to reflect the severity and urgency of the situation. A press statement released by the Government yesterday appeared to try to spin the Court ruling—we have heard it again today—as some sort of win for the Government and played down responsibility for this incredibly serious failure. It is typical of a Government who provide high talk on the environment but are not capable of demonstrating the leadership and action necessary to make changes on the ground when it really counts.

Given that the matter has effectively been taken out of the Government’s hands, through what is an unprecedented step, does the Minister recognise her Department’s chronic failure to grasp the nettle on this issue? Will she confirm whether the Government plan to appeal the latest Court ruling? I understand that leaders of the affected local authorities have been invited to a workshop on 28 February. Will the Minister outline the purpose of the workshop and, crucially, what support will be made available to support those cash-strapped local authorities in delivering the action we now need?

[Dr Coffey]

As I have said before, I take this issue very seriously. I am not surprised that the hon. Lady failed to mention that the Welsh Labour Government were also a defendant in the judicial review. Welsh Ministers admitted that the Welsh element of the air quality plan last year did not satisfy the legal requirements, which is why they have undertaken to publish a supplemental plan. Frankly, therefore, the issue is not confined to the Minister at the Dispatch Box today.

Present problems with air quality in the UK are a direct result of the EU’s failed emissions testing regime, the actions of certain irresponsible car manufacturers and the rapid increase in the number of diesel cars on the roads since 2001. I should also point out that 21 other EU member states are also breaching legal air quality limits. I try not to take a partisan approach on this, but I am fed up with the Opposition simply not accepting their part of the responsibility. It was the last Labour Government who incentivised diesel cars. Between 2000 and 2010, the sale of diesel cars shot up from 15% to nearly half of all vehicles sold. I am not saying that previous Labour Ministers did not act in good faith, but as we have found out through a freedom of information request, Labour ignored advice that diesel fumes were toxic and pushed on, on the basis of lowering CO₂ emissions.

We do not intend to appeal the ruling because, in essence, the judgment turned on a narrow issue: that areas with shorter-term exceedances ought to be mandated to take action. We had already asked local authorities to do that and are more than happy to say that we will now issue legally binding directions stating that they need to take action. We will work with them. We had already asked them to provide initial information and plans, and we are now asking them to come to London next week so that we can go through those in detail and talk through the kinds of resources they need to ensure better air quality for the citizens we all represent.

Oral Answers to Questions

Holly Lynch Excerpts

Thursday 25th January 2018 Commons Chamber

[Dr Coffey]

We are talking about water companies and the protection of assets. Surface water is the responsibility of local councils. We are working on a strategy, led by the Environment Agency, which has overall strategic oversight on this, and we will be doing more on surface water flooding this year.

[Holly Lynch (Halifax) (Lab)]

As we have already heard, parts of the country, including my constituency, were affected by both flood warnings and flooding again this week. The 25-year environment plan gave the Government the opportunity to think long-term about responding to flood risk. Although I appreciate that the national flood and coastal erosion risk management strategy will be updated in 2019, can the Minister explain why the plan itself fails to include any proposals or funding relating to reducing flood risk beyond just the next three years?

[Dr Coffey]

When the Government made the decision to have a six-year plan for funding, they dramatically changed the situation for householders and businesses. The decision allowed the Environment Agency to have long-term plans instead of having a year-to-year hand-to-mouth existence. The hon. Lady should welcome the fact that we have that in place, and we will be working on future budgets at the appropriate time.

Draft Environmental Permitting (England and Wales) (Amendment) Regulations 2018

Holly Lynch Excerpts

Monday 22nd January 2018 General Committees

[Holly Lynch (Halifax) (Lab)]

I join the Minister in saying what a pleasure it is to serve under your chairmanship, Mr McCabe. I am grateful to her for her introductory comments on the regulations.

The Opposition are supportive of the changes aimed at limiting emissions from medium combustion plants, which have a negative impact on air quality, as we have heard. We also support the measures to improve enforcement relating to flood risk activities. We welcome the fact that the Government have chosen to go beyond the controls in the medium combustion plant directive. However, it is clear that the Government’s approach to the capacity market has contributed to a fairly recent rapid increase in the use of highly polluting diesel generators; I will outline our concerns about that.

The Labour party is acutely aware that there is a dirty air emergency in the UK. Our analysis of the figures from the Library found that in 2015, around 8.3 million under-18s lived in local authority areas where levels of nitrogen dioxide exceeded legal limits. This means that over 60% of young people in this country live with the risk of health problems caused by pollution. According to the EU, the three pollutants that most significantly affect human health are particulate matter, nitrogen oxides and ground-level ozone. The most significant emissions from medium combustion plants are sulphur dioxide, nitrogen oxides and particulate matter, so it is clear that air quality must be treated as a public health priority, and that action against those types of generators is long overdue.

The Government have estimated that the regulations will affect some 30,000 plants across England and Wales, the equivalent of nearly 50 per constituency. The plants are used for electricity generation, residential heating and cooling, and providing heat for industrial processes. In relation to electricity generation, we have concerns that Government policies appear to be responsible for the fact that there are now so many small-scale generators in operation—a situation described by Policy Exchange as

“a proliferation of diesel generators”.

For years, the capacity market rewarded small-scale diesel and gas generators in pursuit of the important goal of securing electricity supplies and bringing forward sufficient reliable capacity. Air quality concerns were, to a large extent, overlooked. This process is described in the Government’s impact assessment for these regulations, which I will report in some detail:

“Incentives in the energy market have been encouraging greater use, and an increase in the number of, generators with high emissions of NOx. These generators are primarily diesel fuelled and emit very high NOx emissions relative to other forms of generators. High NOx emitting generators can lead to local NO2 concentrations capable of causing harm to human health and have the potential to cause breaches in hourly NO2 air quality limits set in the Ambient Air Quality Directive (AAQD). The aggregate impact of emissions from all generators also affects national UK emissions totals and compliance with emission ceilings set through the Gothenburg Protocol and National Emission Ceilings Directive.”

To be clear once again, we are glad that action is being taken to tackle pollutants, but I hope lessons will be learned for the future. It appears that air quality concerns were not taken seriously enough when this particular market was designed. As a result, Government incentives have led directly to an increase in harmful pollutants. The need to provide stable capacity was given greater weighting than the merits of air quality. Both are important, yet such an imbalance is regrettable.

We recognise that the regulations originate in action by the European Commission, which carried out a review of EU air quality between 2011 and 2013. This led to the Commission’s clean air package, which included proposals to regulate emissions from medium combustion plants. The Government have decided to transpose the medium combustion plant directive by extending the scope of the permitting regime in the Environmental Permitting Regulations 2016 to include those plants.

We welcome the fact that operators of new medium combustion plants will require a permit to operate plants from 20 December 2018, from which date they will be subject to an emissions cap for certain pollutants. It is also welcome that operators will need to keep a record of operations to demonstrate compliance with their permit conditions for at least six years. We are also pleased to see that the regulations go beyond the medium combustion plant directive, as most diesel generators operate for less than 500 hours and will therefore be exempt from NOx emission controls under the directive.

However, I note the long implementation period for existing medium combustion plants; the Government assert that it will give operators sufficient time to adapt to the new requirements. Operators of existing plants will fall within the permitting regime only from 2024 or 2029, depending on the variations outlined by the Minister. I urge the Minister to bring these plants within the regime much sooner. Does she accept that allowing a transition period of more than a decade for some plants does not reflect the seriousness of the air quality crisis?

I want to push for a little more detail. It is becoming increasingly difficult to distinguish between generators used for back-up and commercial purposes. National Grid has been actively recruiting hospitals and other organisations to make back-up generators available at peak times to avoid blackouts. Has the Minister considered whether the regulations go far enough in tackling emissions from these generators, which can cause air pollution—in the case of hospitals, in the areas where we can least afford it, though of course we appreciate the vital role of back-up generators in such institutions?

Finally, I have been through the extensive information provided with the regulations, searching for details on the measures to improve enforcement relating to flood risk activities. As shadow Minister with responsibility for flooding and an MP with a constituency affected by flooding, I have a particular interest in this element of the regulations. There is next to nothing in the explanatory notes and impact assessment covering these changes. I very much welcome an empowered Environment Agency, able to take action against those involved in creating or enhancing flood risk, but if the Minister could provide more practical examples of how and when those powers might be used, I would be grateful.

Having sought clarification from the Minister on those points, I will not detain the Committee any longer.

Draft Environmental Protection (Microbeads) (England) Regulations 2017

Holly Lynch Excerpts

Monday 18th December 2017 General Committees

[Holly Lynch (Halifax) (Lab)]

May I join the Minister in saying what a pleasure it is to serve under your chairmanship this afternoon, Mr Austin? I am grateful to the Minister for her introduction to the new measures. The Labour party welcomes this statutory instrument and agrees that it takes positive steps towards tackling the growing problem of plastic pollution in our seas and oceans.

A recent poll suggests that there is real appetite for such measures, with 85% of the public wanting action to stop plastics polluting our seas. I would imagine that that figure is in no small part due to David Attenborough’s visually stunning yet desperately alarming series, “Blue Planet II”, which has meant that marine degradation is being discussed in living rooms all over the country. We welcome much of the content of the SI and will be supporting it today, but there are some omissions from the proposals before us, so I will take this opportunity to seek clarification and reassurance from the Minister on elements of them.

It would be remiss of me not to pay tribute to the members and Chair of the Environmental Audit Committee for their influential report published last year that thrust the issue on to the parliamentary agenda. It brought to our attention the fact that up to 219,000 tonnes of microplastics are entering the European marine environment every year. Microplastics are not simply pollutants in our oceans and waterways. Recent research found that 83% of drinking water samples collected across the world were polluted with plastic particles. The United States had the highest contamination rate, at 94%. European nations, including the UK, Germany and France, had the lowest contamination rate, yet plastic fibres were still detected in 72% of the samples tested.

The small size of microplastics means that they are easily ingested by marine life, with plastics found in fish and sea creatures living as far as 7 miles beneath the surface of the sea. Consumers are rightly concerned that these plastics are entering the food chain, so we must explore any and all measures to keep plastic waste from being ingested by the fish eaten in homes all over the UK.

I was pleased to see that the Government have changed some of the language around the definition of microbeads. In the consultation document from February, microbeads were described as being less than

“5 mm in size in every dimension”.

I welcome the amendment of that description to

“less than or equal to 5 mm in any dimension”.

That will assist us in going further and delivering a more comprehensive solution.

Getting into the detail of the SI, there are a number of areas where we would appreciate some clarification. Will the Minister provide further detail on the definition of “plastic” in the regulations? Does she understand the definition to include a full range of the different types of polymers, biodegradable plastic alternatives and any combinations of those materials? There are concerns about the different types of plastic, which I will address in turn if the Committee will bear with me. Semi-synthetic polymers are mostly derived from naturally occurring polymers by chemical modifications, but despite that they still have the same detrimental effect when they enter our seas and oceans. Will they be covered by the ban?

Combinations of synthetic and natural polymers are produced when blended plastics have been created from mixtures of synthetic polymers and naturally occurring polymers, such as starch, cellulose or wood. These blended products can still be expected to become plastic litter in marine environments, so will the Minister say whether they are covered by the regulations? Not producing a list of specific synthetic polymers is the right call. Environmental groups share my concern that any attempt to do so would risk allowing those who do not appreciate the spirit of the law to seek like-for-like replacements, which would allow the problem to continue.

Will the Minister also clarify whether the proposed definition of microbead covers semi-solid particles, such as synthetic waxes used in personal care products? I am aware of concerns among environmental groups that these substances, such as polyethylene waxes, are equally non-degradable and could continue to pose a threat to the marine environment even after the ban we are discussing today.

My greatest reservation about the regulations not closing off enough loopholes concerns the decision to restrict the measures to rinse-off cosmetics and personal care products. I am disappointed that the regulations do not take the totality of substances containing microplastics that have the potential to be washed down the drain and work back from there to deliver a truly comprehensive ban. I am sure the Minister will be aware of the polling conducted by YouGov on behalf of environmental groups, which found that many products classified as leave-on under cosmetics regulations are routinely washed down the drain. It found that 60% of people who use such products as sun lotion wash it off directly down the drain. When the evidence base is there, why are such products not in the scope of the regulations?

Cleaning products are not covered by the partial ban either. Although UK-manufactured cleaning products may not contain significant quantities of microplastics, I am concerned that imported products often do. Again, environmental groups have expressed concern about the availability of such products on the UK market. A coalition of environmental groups outlined that point earlier this year in a letter to the Secretary of State for Environment, Food and Rural Affairs. They stated:

“Based on the available scientific evidence, there is no justification for limiting a ban…to just one industry and not others in light of the stated intention to reduce the risk and severity of impacts of microplastics and to provide a level playing field for industry.”

They argued that the Government should go further, stating that

“extending the ban to cover cleaning products would ensure that microplastic ingredients are not used in current or future formulations and would ensure a level playing field.”

It is vital that the Minister addresses those concerns.

I would like to take the opportunity to probe further on the enforcement of this measure. We all know that new environmental protections are only as good as the enforcement measures that are put in place. It is envisaged that the regulations will be enforced by local authorities and their trading standards officers. What training and guidance will be given to those officers? At the moment, I am not satisfied that they will have the resources to police the microbead ban, given the existing pressures on that service and the cuts it has endured.

I am uneasy about the assertion that non-compliance rates are expected to be so low that, after the initial £38,000 cost of the familiarisation year, enforcement will cost only £660 a year. Although I was pleased to read in the impact assessment that

“72% of major cosmetics companies are expected to have ceased to sell cosmetic products containing microbeads by 2017,”

I am of course concerned about the remaining 28%.

The Environmental Audit Committee specifically drew attention to the problem of labelling. It is currently not possible to tell from packaging whether a product contains microbeads. If the ban is to be upheld, enforcement bodies will need greater clarity about what cosmetic products contain without having to resort to chemical analysis, which I imagine would cost significantly more than £660 per annum. Can the Minister clarify whether further thought is being given to product labelling? That would help both consumers and enforcement agencies to make informed decisions.

Although I welcome the SI and we will not object to it, it is a shame that the Government are satisfied with being able to say that it is the first piece of legislation of its kind, rather than that it is the best and most comprehensive ban it can be. More broadly, I read the fairly scant detail on the BBC today about the Secretary of State’s anticipated four-point plan to tackle plastic pollution. I hope that, following the plastics consultation announced in the Budget last month, there may be opportunities to go further in dealing with what is undoubtedly one of the biggest environmental challenges of our time.

Oral Answers to Questions

Holly Lynch Excerpts

Thursday 7th December 2017 Commons Chamber

[Dr Coffey]

Since the floods of December 2015, when about 600 properties were flooded, we have invested £17 million to upgrade the Foss barrier. That includes eight high-volume pumps to provide an even greater standard of protection than before, and we have developed a five-year plan to invest £45 million in new defences that will better protect 2,000 properties.

[Holly Lynch (Halifax) (Lab)]

Following Storm Desmond and Storm Eva in 2015, the Government made welcome direct payments for resilience work to residents who had been devastated by the flooding. Following the floods in Galgate last month, however, the Government told Lancaster City Council that that flooding was not severe enough to warrant the same assistance, despite 143 homes being vacated because of flood damage. Will the Minister make representations to the Secretary of State for Communities and Local Government and urge him to allocate money to fund essential flood resilience work in flood-affected communities like Galgate, right across the country?

UK Fishing Industry

Holly Lynch Excerpts

Thursday 7th December 2017 Commons Chamber

[Holly Lynch (Halifax) (Lab)]

We have had an excellent debate this afternoon ahead of the annual December Agriculture and Fisheries Council meeting. I start by thanking all those who have taken part in this thoughtful and considered discussion, which saw representations that reflect the diverse fishing activity that is happening all over our country. I pay particular tribute to the hon. Member for South East Cornwall (Mrs Murray), who secured this debate, for her characteristically insightful speech—I know that this policy area is close to her heart. I echo the sentiments of my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard), because there have been tragedies at sea since last year’s debate. I send our thoughts to those who have lost loved ones and to those who have been injured at sea, particularly the friends and family of the crew of the fishing vessel Solstice. I ask the hon. Member for Totnes (Dr Wollaston) to send our condolences back to her constituency following the tragedy that she shared with us. I join all those who paid tribute to the RNLI for its incredible work and to organisations, including the Fishermen’s Mission, who do so much to support the wellbeing of not only those who spend their lives fishing at sea, but their families.

In anticipation of this debate, I looked back in Hansard at last year’s discussion. This is the second fisheries debate since the referendum, yet many of the questions that hon. Members from across the House were asking in December 2016 are still being asked a year on. In the past 12 months, we do not seem to have moved any closer to clarity on what a post-Brexit fisheries policy will mean for our fishing communities up and down the country. While there is diversity and robust adaptability within the UK fishing fleet, which have allowed it to weather both rough seas and changing political landscapes, people’s fears about and aspirations for a post-Brexit policy depend on where they are in the country and what is being fished. Last week, the Labour party launched a consultation on fishing ahead of the upcoming fisheries Bill, which was announced in the Queen’s Speech, to ensure that those with an interest can have a say in that process, and I am looking forward to going through those submissions.

The rhetoric of the Secretary of State for Environment, Food and Rural Affairs has driven expectations for a significant uplift in economic activity in the fishing sector, which we are all keen to see, so the challenge now is how and when he proposes to deliver it. I hope the Minister can update the House today on what progress has been made to prepare the UK to become an independent coastal state and on where fishing currently features in the Brexit negotiations. When this country leaves the EU in March 2019, what will be the framework for agreeing the total allowable catches as a means of managing fish stocks that we share with neighbouring countries? Despite his tough taking-back-control narrative, the Secretary of State apparently told the Danish market back in August that

“boats from EU countries will still be able to operate in UK waters after Brexit, as the UK does not have enough capacity to catch and process all its fish alone.”

Like most of the fishing industry, I am keen to see the evidence upon which he based that policy decision. Will the Minister explain to us how that system would be managed, who would have access to our waters, and what the mechanism will be for agreeing allocations of quota to vessels from the rest of the EU?

In addition to the question of our waters and access, the other area of uncertainty for the fishing industry is trade, which has come up many times today. Although the level of dependence on the European market varies by sector, up to 85% of our crab, lobster and prawns are sold into Europe. We will need the freest possible trade with our neighbours if we are to satisfy the demand from European consumers for our top-quality shellfish. The point has already been made—including in the excellent speech by my hon. Friend the Member for Great Grimsby (Melanie Onn), who represents a constituency with a thriving fish processing sector—that, when dealing with fresh produce, financial barriers are not the only challenge, and ensuring there are no delays that could compromise the smooth and timely movement of fish across borders will be essential if we are to maintain our existing routes to markets outside the UK.

That was made clear to me when I met fishermen in North Shields with my right hon. Friend the Member for Tynemouth (Mr Campbell), who represented his local fishing community admirably this afternoon. I thank him for his kind remarks, which were certainly kinder than the remarks I heard when I worked under him in the Opposition Whips Office.

It is reassuring that there is firm common ground between the fishing industry, conservationists, recreational fishers and consumers alike that a sustainable approach to a new fishing policy is the only game in town. For a sustainable approach to work, we need two things: we have to get the science right if we are to have confidence in managing fish stocks responsibly; and we have to have a means of robustly enforcing that approach. With that in mind, I am concerned to see that the number of fishing vessels inspected by the fishery protection squadron has fallen from 1,400 in 2011-12 to just 278 in 2016-17. Does the Minister agree that, for all the technological developments, which I certainly welcome, the ability to board a vessel and inspect the operations on board will be essential if we are to manage fish stocks sustainably? I hope the Minister will indicate how he envisages the future of fisheries enforcement to work post-Brexit and confirm that the fishery protection squadron will be resourced to carry out its objectives effectively.

Another issue that came up time and again as I visited coastal towns is the failure to attract the next generation into fishing. If we are to capitalise on an increased quota that drives economic activity and job creation in our coastal towns, we will need a new approach to training. The Whitby fishing school explained to me some of the difficulties of securing funding for courses. The school finds it incredibly difficult to deliver courses that both truly equip young people to work at sea and tick the relevant boxes to secure funding for that training, so it has asked the Government to reflect on whether the framework in place for delivering apprenticeships and training programmes is fit for purpose in attracting and retaining the fishermen and women of tomorrow.

On funding and infrastructure, the European maritime and fisheries fund has facilitated crucial strategic investment that has helped to support jobs and promote sustainability. For the benefit of those planning bids for investment in their area over the coming years, such as the fish quay in North Shields, will the Minister provide further information on the plans in place for replacing the fund? I am keen to hear his response to the hon. Member for Stirling (Stephen Kerr) on infrastructure to support aquaculture.

On conservation, there is renewed public awareness of the need for action to preserve our marine environment as a result of David Attenborough’s “Blue Planet II”, as my right hon. Friend the Member for Exeter (Mr Bradshaw) said in his powerful speech—my right hon. Friend has always used his experience to be a real champion of responsible fish management. More than 10 million people are tuning in to watch every week and, as anyone who has seen the show will appreciate, there could be no better showcase for our marine life, demonstrating just how visually stunning yet incredibly vulnerable it is.

We are proud of our record in government, and of introducing the Marine and Coastal Access Act 2009. We included bold commitments in our manifesto ahead of this year’s general election. The Minister will be aware of the blue belt pledges, which include the goals of establishing a marine protected area around the South Sandwich Islands in 2018 and of delivering on the commitment to establish a fully protected area in at least 50% of Ascension Island’s waters in 2019. I hope he will reaffirm his commitment to conservation and express Government support for such an initiative.

Marine protection and fisheries management are two sides of the same coin. If we get it right and set the standard both domestically and in our waters around the world, we can secure a flourishing marine environment and a strong and profitable fisheries sector. It is fair to say that the need for certainty from the Government is a theme that has run throughout the contributions today. On many of the biggest questions faced by the fisheries sector, although hopes are certainly high, we are still in the dark on much of the detail. There are plenty of opportunities for our fishermen and women and those in related sectors as we leave the EU, but what we desperately need to see from this Government is the road map outlining just how we deliver on them.

That having been said, may I take this opportunity to wish the Minister all the very best for the upcoming Council meeting? We all have an vested interest in it going well and we all have our fingers crossed that he is a better negotiator with our European neighbours than perhaps some of his colleagues.

Marine Environment

Holly Lynch Excerpts

Tuesday 14th November 2017 Westminster Hall

[Holly Lynch (Halifax) (Lab)]

As ever, it is a pleasure to serve under your chairmanship, Mr Owen, and I congratulate my hon. Friend and neighbour the Member for Huddersfield (Mr Sheerman) who, as he said, has long been a passionate champion of these issues. I thank him for the detailed and passionate speech that he gave to kick off this debate today.

As my hon. Friend pointed out, there is nothing particularly new about some of these issues, but there is real urgency about where we are today. This debate is timely because latest figures from the Department for Environment, Food and Rural Affairs suggest that the amount of litter in our seas has increased, and research this week indicates that carbon dioxide emissions are set to increase by 2% by the end of this year. In addition, many of us will have seen recent images of the sea covered in plastic waste. With that in mind, it is thoroughly welcome that there is renewed public awareness of the issue, largely as a result of David Attenborough’s “Blue Planet II”, which is watched by more than 10 million people. I am sure that hon. Members, and anyone who has seen the programme, will agree that it is a visually stunning showcase of all that is important in our marine environment. It gives us a sense of why that environment is so precious and how important it is to protect it.

The hon. Member for St Austell and Newquay (Steve Double) represents a particularly beautiful coastal community, and he shared some examples of best practice from his constituency. My hon. Friend the Member for Bristol East (Kerry McCarthy) has an outstanding track record of campaigning on these issues. I join the hon. Member for Wells (James Heappey) in welcoming the charge on plastic bags, which he rightly suggests has shaped consumer behaviour and attitudes. The hon. Member for North Ayrshire and Arran (Patricia Gibson) highlighted, very much from a Scottish perspective, the importance of addressing marine and coastal litter, and the right hon. Member for Newbury (Richard Benyon) enlightened us with some poetry, and also gave us some hope about all there is to look forward to—there is more that we can do on these issues. My hon. Friend the Member for Rochdale (Tony Lloyd) stressed that no one-nation solution is available, and that we must consider all ways we can work internationally to address this issue. I am pleased to see the Minister here today, and I am hopeful that she can provide a positive response to some of the issues raised in the debate.

Our seas and oceans face a changing climate, and a long-term, strategic approach will be essential. Research this week suggests that, disappointingly, global carbon dioxide emissions appear to be increasing once again, after a three-year stable period. Our oceans are becoming more acidic as they absorb excess carbon dioxide in the atmosphere, with knock-on effects such as inadequate shell growth in marine animals, and a variety of risks to coral reef ecosystems. Temperature rises are already having an impact on marine life around the UK. For example, reports suggest that squid, anchovies and bluefin tuna are being drawn into our waters by the warmer temperatures, while other species are being driven north or deeper as the seas warm.

Earlier in the year, I visited the US, and Congressmen and women who represent districts on the west coast told me about the impact that the so-called “warm blob” has had on their fishing communities. This mass of unusually warm water in the north Pacific ocean was first detected in 2013. It is nutrient poor and has had a detrimental impact on marine life in the area. Although a significant distance from our shores, it is a stark reminder of the fragility of our oceans. According to UN figures, 3 billion people depend on marine and coastal resources for their livelihood.

As already mentioned, the public are more aware of plastics in our oceans than ever before. That has generated a real appetite to do more to reduce all pollutants, such as heavy metals, oil, radioactive materials and plastics, including microbeads. We welcomed the recent announcement by the Secretary of State for Environment, Food and Rural Affairs that he supports a deposit scheme for plastic bottles, yet there is still much more that could be done to tackle the problem of single-use plastics.

Non-recyclable disposable plastic waste, such as straws and takeaway coffee cups, generally ends up in one of three places: incinerated, in landfill or littering our natural environment. How can we ensure that consumers and businesses share the responsibility of limiting our use of such items? My hon. Friend the Member for Huddersfield already mentioned the campaign, and I am grateful to him for his kind words: in September, I wrote to the top 20 bar and restaurant chains in the country, urging them to adopt a “straws on request only” policy, and asking them to stock only biodegradable straws. Plastic straws are designed for a single use, lasting for a matter of minutes, yet once thrown away, they will litter our planet for centuries. They have become ever-present in our bars, pubs and restaurants. It is not unusual to order a drink that comes with one or two straws, whether we have asked for them or not.

Millions of people have viewed the difficult-to-watch video of a sea turtle with a plastic straw stuck in its nostril. The straw had to be removed, causing a great deal of distress to the animal. That is at the extreme end of the impact of the estimated 500 million straws that are thrown away every single day. I am pleased to say that there has been a very positive response so far to my request, with a number of major chains, which operate thousands of outlets, committing to join the movement. I anticipate that another of our biggest chains will be making an announcement on that soon, potentially saving hundreds of thousands of straws from finding their way into our oceans.

I would be grateful if the Minister, in summing up, would take the opportunity to update hon. Members on the microbead ban, to assure us that there will be no loopholes and that the legislation will be tight enough to deliver the ban as intended, setting the standard and removing unwanted microplastics from our waters.

One of the proudest achievements of the previous Labour Government was the Marine and Coastal Access Act 2009, which created a system for improving the management and protection of our precious marine environments and coastal ecosystems. The Act allows the Government to designate marine conservation zones in our territorial waters to prevent further deterioration in marine biodiversity, while promoting recovery and supporting healthy ecosystems. The intention was, and remains, to achieve a coherent network of well-managed marine protection areas. We very much hope that the Government deliver that as they begin the consultation on the third round of marine conservation zones in English waters next year.

Labour remains committed to building on our proud record on conservation, and I am sure that the Minister would be disappointed if I did not at least touch on one or two causes for concern under the current Government—not least, the fact that the “polluter pays” and the precautionary principles are currently missing from the European Union (Withdrawal) Bill. I urge the Government to think again and adopt the amendments that have been tabled to correct that omission.

The reality is that the Department for Environment, Food and Rural Affairs has suffered the largest cuts of any Government Department. The Minister will be well aware of the impact that has had on staffing levels at a time when expertise is so essential as we leave the EU. To deliver our aspirations for a healthy and pollutant-free marine environment, we must have the resources and the know-how to plan, deliver and manage environmental protections effectively. The Secretary of State is the man who once claimed that the people had had enough of experts; that cannot be a healthy attitude in a Department that relies heavily on science, evidence and research to determine how best to protect our climate and our seas.

On the wider issue of the Government’s strategy for environmental protection, I imagine that many Members are keen to find out if the Minister can shed any further light on when we might see the Government’s 25-year plan for the environment. Ministers initially signalled that it would be released last summer, and although I appreciate being invited to a discussion about the plan several weeks ago by the Minister, I am concerned that after a series of delays, we are still no nearer to understanding what the plan will mean for the marine environment, or the environment more broadly. Environmental groups have grown impatient, with Greenpeace urging the Secretary of State to get on with publishing the plan. The Green Alliance has said there is now an urgent need for it. I urge the Minister to reflect on the need for as much certainty as possible as we leave the EU. I hope that she can provide us with a date for the publication today, or, at the very least, an update on its progress.

Although some of the Government’s work in this area is certainly welcomed, I think we would all like to see efforts going much further. I have high hopes for our post-Brexit fisheries policy, but only with healthy, thriving and protected marine environments will we be setting the foundations for a science-led, sustainable fisheries policy. With fewer people at DEFRA than ever before, and the stalling of progress on both the 25-year plan and the Brexit negotiations, I am looking to the Minister to allay our fears, commit to fighting for our stunning marine environment, and take the boldest possible steps to combat the pollution of our precious seas and oceans.