Environmental Protection

Oliver Colvile Excerpts

Tuesday 18th October 2016 Westminster Hall

[Mrs Moon]

I intend to address that later in my speech, but it is a central part of the way forward as we find our way through the tangle that is Brexit.

The UK imposing less stringent levels of environmental protection was a major concern for the people who approached me to initiate this debate. I was asked how confident we could be that nature conservation would be protected and a priority post-Brexit. Lest we forget, in the biodiversity intactness index, which assesses how damaged nature is across the world, the UK is ranked 189th out of 218 countries—we are not exactly doing well at the moment. France and Germany are miles ahead of us because we have been less vigilant in implementing EU environmental legislation. It is clear that there was little thinking about what would happen if the UK voted to leave the EU and what the decision would mean for this policy area.

It is difficult to draw a clear conclusion until we know the terms of our exit, but it is vital that we have an assurance today that EU environmental legislation will be maintained in its entirety so that we have a semblance of stability and breathing space while we develop our own mechanisms and expertise. There are concerns that a full transfer post-Brexit may not be practical, that much of the transfer of directives might be done with little scrutiny through secondary legislation and that this may lead to the weakening of directives. I hope that the Minister, when she arrives, can tell me how she will ensure that that does not happen.

We need to know how we will update legislation and ensure progress. We need a commitment from the Minister that, as an absolute minimum, existing levels of protection for species, habitats and the wider environment will be maintained, and will not be weakened in the longer term through our inability to update legislation or through a lack of enforcement controls.

Richard Benwell of the Wildfowl & Wetlands Trust reminded me that:

“EU law is not some static monolith with commandments set in stone, it is an evolving regime brought to life by shared objectives and the rulings of the European courts. Without the trajectory provided by the Commission and the accountability provided by the courts, there is a risk that EU legislation becomes out-dated and unenforced, a kind of ‘zombie legislation.’”

I hope that the Minister will be able to tell me how we are going to enforce legislation. The EU’s mechanisms of oversight, accountability and enforcement ensure that robust implementation and monitoring take place. What will be the legal recourse for those concerned about the loss of important habitats and species? Judicial review is costly and out of the reach of most citizens and non-governmental organisations. Brexit means that we will lose two key accountability mechanisms: the European Court of Justice and the European Commission. What will we replace them with? What will fill that vacuum? We need a commitment that any future changes to this legislation will be subject to robust scrutiny and debate, with provisions for legal challenge to ensure that there is no attempt to roll back environmental protection.

How are we going to fulfil our international obligations? Brexit will not change our obligations such as those under the Bern, Rio and Ramsar conventions, yet once we leave the EU we will not have the support that membership offers in relation to those agreements. How will we meet them? How will we avoid fragmentation in the UK? What plans does the Minister have to quickly develop common values with the devolved Administrations, which my hon. Friend the Member for Newport East (Jessica Morden) mentioned? Much of our environmental policy is entirely devolved. The Royal Society for the Protection of Birds argues that transferring EU legislation will require changes to the Scotland Act 1998. We need to know whether the Minister is prepared for that.

Where will the needed capacity and technical and scientific skills come from? The Environment, Food and Rural Affairs Committee has noted:

“The Department’s…resource spend over the last Parliament includes cuts of £254 million… Defra’s main resource budget will reduce in 2015-16 by £135 million, or by 7%”.

The 2015 spending review announced that that budget will be reduced by a further 15% over the next few years. The Minister needs to tell us how we are going to replace the range of technical and scientific capacity and skills that will be lost when EU expertise is no longer accessible. Will any of the promised battle bus money come to DEFRA?

Local authorities are at the forefront of environmental protection, given their key role in deciding planning applications. Research commissioned in 2012 by DEFRA established that good outcomes for biodiversity are most likely to be obtained when expert ecological advice is available to the local planning authority.

[Oliver Colvile (Plymouth, Sutton and Devonport) (Con)]

As the hon. Lady may be aware, I have joined a big campaign for the future of hedgehogs, numbers of which have unfortunately declined by about 50% over the last 15 years. It would be useful if local authorities had policies to ensure that they have hedgehog superhighways.

[Mrs Moon]

I will come to that eventually, if the hon. Gentleman gives me a little time.

I was discussing making expert ecological advice available to local planning authorities to enable them to develop sufficient ecological information and understand it when considering planning applications. Local authority ecologists currently play a vital part in the process, helping to guide developers towards sustainable solutions that enable development and protect our most valuable natural assets. In the post-Brexit environment, how well equipped will local authorities be to provide expert advice on the natural environment? Not terribly well, particularly given the dire situation that has developed over the past few years.

The Association of Local Government Ecologists, aptly called ALGE, found as far back as 2011 that only 35% of local authorities in England employed an ecologist; perhaps that is why we do not have hedgehog superhighways. ALGE’s conclusion was that

“local government’s capacity to assist in the delivery of a wide range of biodiversity initiatives”,

such as hedgehog superhighways,

“is already limited and is being further eroded”.

ALGE sounded a warning bell, pessimistically concluding that if the capacity of local authorities was in such a state in 2011, the unrelenting pressure on local government budgets would not give the situation any chance to improve.

Local environmental audits are essential if planners are to know how to manage favourable conservation status legislation, which was designed to protect at-risk species such as great crested newts and bats. Environmental audits are essential. If we do not understand the local populations of such species, it can result in overcompensation in planning decision making. Will environmental impact assessments become irrelevant if we do not adapt and update them, as would happen if we were in the EU?

Does the Minister know how many local planning authorities now have access to their own ecological expertise? Are the Government able to review whether capacity is currently adequate and consider what improvements within the system might be achieved if more LPAs had access to their own expertise? How much more effectively could the Government aims and objectives set out in the 2011 natural environment White Paper “The natural choice” be achieved with just a modest increase in ecological resources within local government? I hope that the Minister will assure us that DEFRA’s proposed new 25-year environmental plan will give true recognition and resources to support the important role that local authorities can play within this vital new initiative.

We need to know who will be responsible for dealing with legislation, regulations and concerns raised by industrial chemicals and pesticides. At present, we follow EU-wide regulations that protect human health and the environment from dangerous chemicals. The vast majority of our expertise in chemicals and pesticides is based in the EU. Can we replace it? Can we afford to? We are already facing a scientific brain drain thanks to Brexit. Does the Minister have a plan to recruit the skills, expertise and competencies that her Department needs?

In February 2013, the Government published the UK national action plan for pesticide use, to fulfil a requirement under the EU directive on the sustainable use of pesticides. It is another example of the UK’s half-hearted response to environmental legislation. Buglife stated:

“The plan lacks ambition and fails to set out a clear direction for achieving sustainable use of pesticides and preventing damage to pollinator populations.”

Who cares? We all do; we all must. Wild pollinators in the UK include 250 species of bumblebees and other bees, 2,600 species of butterflies and moths, and 7,010 species of flies and various other insects such as beetles, wasps and thrips. Some 84% of crops and 80% of wild flowers rely on pollinators; they are worth a minimum of £430 million a year to the UK economy. How will we influence EU pollination action plans? In the 2016 national pollinator strategy, the Government promised £691 million for agriculture to support the plan. When will the funding start, and how long will it last?

What will we do about invasive species? Currently, we deal with them at EU level. We often work with Ireland in adding new species to the list; how will we move that forward? How will we comply with ESTA, the European seed treatment assurance scheme? To quote the industry:

“Any serious incident in an individual member state could again lead to product withdrawal. In addition, there is a need to ensure free movement of treated seed across the Community unhampered by individual Member state legislation.”

After Brexit, it will not be possible for the UK to develop UK-only seeds. On fisheries, we might be able to set quotas, but we will not be able to influence EU quotas. Does the Minister know what British waters will consist of? Will it be 12 or 200 miles? How will we ensure that stocks are not put under pressure?

Non-governmental organisations and their volunteers already plug major gaps. An estimated 7.5 million hours are given to species monitoring each year. NGOs are reporting being approached by local government to take over responsibility for managing local nature reserves and even national nature reserves. NGOs currently employ much of the UK’s environmental and scientific expertise. Will the Minister pledge to work with those NGOs in agreeing a way forward?

Why is any of this important? The “State of Nature” report findings show that in the UK alone, 10% of species are at risk of extinction and nearly 60% have declined since 1970. We face increasing problems of air and water pollution. The focus in the Brexit debate to date has been on the economy. Whatever “Brexit means Brexit” means, it does not mean habitat and species loss, more air, chemical pesticide and water pollution or more invasive species. Does the Minister have a plan, and when will she share it with us?

Finally, I have been asked to make a personal plea from Mr Stanley Johnson, one of the authors of the EU habitats directive. He is especially keen on continued UK participation in the Natura 2000 network of protected areas. I agree totally, and I hope that the Minister will include that in whatever plans she outlines to us in her response.

--- Later in debate ---

[Dr Coffey]

The hon. Lady asks whether it is joined. I am sure that we will not be violently misaligned, but as I said at the start, this is a devolved matter, so we cannot dictate our policy to Wales, Scotland or Northern Ireland, though I am sure that they will watch our plans with interest.

The hon. Lady raised the issue of invasive non-native species. The UK has long been the leading player on that issue within the European Union. The recent EU regulation was based heavily on our strategy for this country, which in turn is based on international principles acknowledged by the convention on biological diversity. We are committed to continuing that approach.

On funding via the national pollinator programme, the countryside stewardship agreements in the pipeline are now guaranteed. The Chancellor has also stated that new rural development programme projects signed after the statement will be funded, as long as they are good value for money. On local planning authorities, I take the hon. Lady’s point that only about a third of councils employed an ecologist. People can buy in the resource, and they do, but I recognise her point.

[Oliver Colvile]

Will the Minister give way?

[Dr Coffey]

I do not have time, I am afraid.

The hon. Member for Bridgend will also want to know about trialling a more strategic approach to great crested newts in Woking, which should result in an overall net benefit to the population and to planning restrictions. I will write to her about the fisheries policy. In conclusion, I appreciate her patience, and assure her that we will continue to engage with the public and stakeholders.

Motion lapsed (Standing Order No. 10(6)).