Oral Answers to Questions
Rebecca Pow Excerpts(4 years, 6 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
May I add my fond goodbyes, Mr Speaker? I will forever remember, as a Back Bencher, waiting and bobbing and finally being woken up and called by you saying, “Rebec-Kerpow!” I will always remember that, although you probably did not realise you had said it.
The Environment Bill includes measures to improve air quality, which will ensure that local authorities have a clear framework and simple-to-use powers to tackle air pollution. DEFRA and the Department for Transport’s joint air quality unit works closely with local authorities, underpinned by £572 million in funding, to tackle nitrogen dioxide exceedances. More than £3 million in air quality grant funding was awarded to local authorities in March for projects in local communities.
Ruth Cadbury
Mr Speaker, may I first thank you on behalf of many of us for the role you have played in ensuring that this elected House calls the Executive to account with such fervour? Also, could you turn your attention to the bag that is in the cupboard in your office, which requires your signature so I can use it as a raffle prize?
Ruth Cadbury
Thank you, Mr Speaker. We know that the ultra low emission zone in central London has been a huge success, bringing about a 36% reduction in nitrogen dioxide pollution in London. Does the Minister not agree that it is vital that the Government support the Mayor of London in his efforts to tackle air pollution, and will she please support the expansion of the ULEZ in 2021?
Rebecca Pow
The hon. Lady makes a very good point. London faces specific challenges, not least because the size and complexity of the capital’s transport network is quite different from others, and the commitment of the Mayor and the Greater London Assembly to tackle air quality in the capital is absolutely welcomed. The Mayor has received a comprehensive funding settlement for dealing with air quality, to the tune of £5 billion, which includes measures to tackle the nitrogen dioxide limits.
Neil Parish (Tiverton and Honiton) (Con)
May I wish you well in your retirement, Mr Speaker?
Air quality has been worked on across Government, across Departments and across local government, so can we be assured that all parts of the Government will do everything they can to get everybody working together to monitor air quality, get more electric cars and actually do something about the quality of air across the whole of our country, especially in the hotspots?
Rebecca Pow
The Chairman of the Select Committee makes a very good point. Air quality is an absolute priority because it affects human health. We already have the clean air strategy, but in the Environment Bill we are putting through much clearer and simpler powers for local authorities to actually use their duties to tackle air quality, and we will see many more of these charging zones coming in over the next year. As the Minister in charge of air quality, I will ensure that these are tackled as fast as possible.
Rachael Maskell (York Central) (Lab/Co-op)
Rebecca Pow
Tackling air quality is closely linked to what happens in the planning system, particularly when it comes to housing. Officials in the two Departments have recently collaborated on developing planning guidance. I recently wrote to Ministry of Housing, Communities and Local Government Ministers to urge much closer collaboration on, for example, housing and housing design, because all the emissions from housing affect climate change. This is all about cross-working.
Tracey Crouch (Chatham and Aylesford) (Con)
Parts of Chatham suffer from high levels of air pollution. Medway Council is doing what it can to tackle it, but I am working with a school that sits right on a very busy road to develop a green wall to reduce some of the air pollution specifically for children. What work is the Minister doing with the Department for Education to support schools to provide their own green solutions to tackle air pollution?
Rebecca Pow
That question is of great interest to me as a former horticultural journalist. Green walls are a great thing. Not only do they look great, but they help by taking in carbon emissions and so on. DEFRA has an air quality grant programme that can help local authorities to fund projects to tackle air pollution in specific areas like schools, so that school could ask for support under the programme. Good question.
Several hon. Members rose—
Bambos Charalambous (Enfield, Southgate) (Lab)
One of the things that I will certainly miss when you are not in the Chair is how you pronounce my name, Mr Speaker. Thank you so much.
Why does the Environment Bill not include World Health Organisation targets for air pollutants or set clear targets to meet them?
Rebecca Pow
Air quality targets are included in the Bill, but we already have an ambition in the clear air strategy. Reaching the target for particulate matter 2.5 is an absolute priority, but the actual target will be set in secondary legislation after expert advice has been taken on exactly how to do that. I met one of the heads of the WHO just last week, and she agreed that that is the right way of doing things, because this is tricky, and we must get it right.
Jeremy Lefroy (Stafford) (Con)
Tim Loughton (East Worthing and Shoreham) (Con)
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
Our clean air strategy sets out an ambitious programme of action to reduce air pollutant emissions from a wide range of sources. The World Health Organisation has recognised the strategy as an example for the rest of the world to follow. We have also put in place a £3.5 billion plan to tackle roadside nitrogen dioxide concentrations, and our Environment Bill makes a clear commitment to set a legally binding target to reduce fine particulate matter.
Tim Loughton
May I echo the tributes being made to your chairmanship, Mr Speaker, although I did not get the memo about sending a bottle to your office as part of it?
I very much welcome the inclusion of air quality provisions in the Environment Bill. May I urge the Minister to look at some of the technological solutions, including one from a company in my constituency which is producing paints and coverings that neutralise nitrogen oxide emissions, not just absorb them? May I also ask her to look at the issue of air quality monitoring, because it turns out that several bits of air quality monitoring equipment in my constituency have not been working for some time? Although we have obligations on local authorities to reduce air pollution, we do not appear to have similar requirements on them to make sure they are monitoring it properly and accurately, and that needs to be looked at.
Rebecca Pow
I thank my hon. Friend for raising these important points. Officials would be pleased to hear about any technologies, because the use of innovation and tech is absolutely the way we are going to solve lots of these problems. So I would be grateful if he would like to feed them in so that I can pass them on. Monitoring is also key, and it is all about science and data, which are very important. Our landmark Environment Bill requires us to set legally binding targets on this fine particulate matter, which is what authorities are mostly monitoring, as well as nitrogen dioxide, and to have separate long-term air quality targets to improve air quality nationwide. So we are moving in the right direction.
Clive Efford (Eltham) (Lab)
We are hearing commitments and good words from the Government but we are seeing very little action. They have been lackadaisical when it comes to the breaking of legal limits on air pollution, including at 50 sites across London. The Mayor of London has taken effective action, through the ultra low emission zone, and has taken practical steps to reduce air pollution. Is it not time we saw the same sort of determination from the Government?
Rebecca Pow
A great deal of action is taking place: local authorities have a duty to tackle air pollution and this year clean-air zones are coming into major cities right across the nation. The Department is working closely with others on the introduction of those zones, about which the House will hear more shortly.
Angela Smith (Penistone and Stocksbridge) (LD)
Dame Cheryl Gillan (Chesham and Amersham) (Con)
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
This Government are committed to taking action to protect and enhance the water environment, including our valuable chalk streams. Chalk streams are under particular pressure at the moment due to low groundwater levels following two dry winters. We are working closely with partners to reform and reduce the volume of abstraction, deliver catchment sensitive farming, reduce pollution and plan future environmental resilience.
Dame Cheryl Gillan
Today is a sad day for Buckinghamshire, Mr Speaker, because we are going to lose you as the Member for Buckingham. Before I ask my question of the Minister, may I just say that you have been a superb colleague to sit alongside? I am going to miss you particularly because you will not be there to join me in championing the Chilterns, but you have consistently stood by my side when opposing HS2, and you are to be congratulated on what you have done on autism. As I press for the Chilterns area of outstanding natural beauty to become a national park, I do hope that, even though you will have left this place, you will still stand by my side and support that proposal.
Dame Cheryl Gillan
Thank you.
The Chess and the Misbourne are ecologically vulnerable chalk streams in my constituency, and there are several in the Chilterns that are under threat. HS2 Ltd has now said that it requires 8 million litres of water a day for two years in order to build phase 1 of HS2. That means that we could face over-abstraction again, and could see these streams irreparably damaged or destroyed altogether. Will Ministers really take this on board and work with the Department for Transport to get HS2 cancelled—and, if not, to protect these absolutely precious pieces of our environment for our future generations?
Rebecca Pow
Chalk streams are some of our most precious environments, so this is a serious issue. The Environment Agency is advising HS2 Ltd and its contractors on mitigating the potential impact of its work on water levels and the quality of chalk streams, including when it comes to water usage for tunnelling in the Chilterns. The Environment Agency will be reviewing any application for increased abstraction in line with the relevant abstraction management strategy to ensure that there is no detrimental effect on chalk streams. I take this matter very seriously and would be happy to meet my right hon. Friend to discuss this further because chalk streams are so important and it is important that we get this right.
Daniel Zeichner (Cambridge) (Lab)
Mr Speaker, thank you for turning the pronunciation of challenging surnames into an art form in itself—although I have to say that my campaign to be called in reverse alphabetical order continues.
The River Cam is fed by chalk streams. In July this year, it fell to a third of its normal level, which has caused huge concern not just in Cambridge, but in the surrounding county. This has happened largely due to over-abstraction. What can the Minister to do to assure us that that is going to be tackled with urgency?
Rebecca Pow
The issue with chalk streams, of course, is that they are fed by groundwater from aquifers; they are very special areas of water extraction. There is going to be a section in the Environment Bill on abstraction licences. I hope that when that gets going and we have proper discussions about that Bill, it will include some ameliorations for chalk streams.
Liz Twist (Blaydon) (Lab)
Paul Blomfield (Sheffield Central) (Lab)
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
The Environment Bill sets out a duty to set targets—actual targets will all be set in secondary legislation, as has been quite clearly stated—and it has had a lot of support from many organisations across the board. The whole system will be overseen by the Office for Environmental Protection, which will have to look at the five-yearly targets and review them annually. There is a very strict set of regimes in there. The Government have given very clear indications about not reducing our environmental standards—that is absolutely not the direction this Government would ever intend to go in—and that includes comments made just last week by the Prime Minister about non-regression.
Jeremy Wright (Kenilworth and Southam) (Con)
Thank you, Mr Speaker, for your kindness in calling me today, for your broader kindnesses to all of us and for all your service from the Chair.
I want to raise an issue again that I know is also of concern to you, Mr Speaker. Ministers know that HS2 and its construction will affect a good deal of farmland. They will also be aware, I hope, that HS2 Ltd has not been as effective as it should have been either in providing full and timely financial compensation for land lost or in making the practical arrangements necessary to allow farmers to farm properly the land they have left. Will my right hon. Friend and her colleagues please make sure they engage with colleagues at the Department for Transport to ensure that the financial and psychological consequences for the farmers affected by HS2 are properly mitigated, if this project is to continue?
Minerals Mining (Barford)
Rebecca Pow Excerpts(4 years, 6 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
I congratulate the hon. Member for Warwick and Leamington (Matt Western) on bringing this debate to the House. I know that he cares about the environment. He took over from me on the all-party electric vehicles group, so we have a connection in caring about the environment, emissions and suchlike. He is right to raise issues that relate to his constituency.
I do, however, hope that the hon. Gentleman appreciates there is a due and proper process to be followed in the consideration of local planning, and that given the Secretary of State’s quasi-judicial role in the planning system, I am unable to comment on the detail of individual minerals local plans. I am sure he knew that I would say that. The Government are committed to ensuring the independence of the examination process for local plans, and local people must have confidence that the examination of local plans for their communities is fair and open, and that decisions are made impartially. I understand that Warwickshire County Council is proposing to submit the Warwickshire minerals plan to the Planning Inspectorate in the coming weeks. Therefore, neither I nor my right hon. and hon. Friends at the Ministry of Housing, Communities and Local Government—with whom I know he has had many exchanges on this issue—are in a position to directly address the specific concerns raised by his constituents. Consideration of the Warwickshire minerals plan will be done in accordance with the planning system.
I am, however, happy to discuss the crucially important topic of protecting our constituents, local communities and the environment from any impacts of development. National planning policy and guidance requires mineral planning authorities to plan for a steady and adequate supply of aggregates, including crushed rock, sand and gravel, by designating specific sites, preferred areas or areas of search. Designating specific sites provides more certainty about when and where development will take place. However, I fully understand the concerns that people such as the residents of Barford have when development is proposed in their local area, particularly where these concerns include potential development that may result in environmental impacts on their communities, homes and businesses.
We therefore need to be sure that we have clear and strong environmental regulation and planning controls that work for the environment, for people and for business. As I am sure the hon. Gentleman is well aware, the Environment Agency and local planning authorities each have distinct roles with regard to pollution and planning controls to enable this to happen. Anyone with concerns must be confident that the system is designed to listen to those concerns. That is why all the steps of our planning system are supported by a public consultation process through which stakeholders may consider the proposals and voice any concerns they may have to the local planning authority. As we heard, over 1,000 people responded to Warwickshire’s minerals local plan consultation in 2018. Clearly, that is a large number of people for the small area of the village.
Once the local planning authority has prepared and consulted on a local plan, as Warwickshire has done, it is submitted to the Secretary of State, who will appoint an inspector to carry out an independent examination. This process is dealt with by the Planning Inspectorate. The examination will assess whether the plan has been prepared in accordance with the legal and procedural requirements and whether it is sound. The four tests of soundness are set out in the national planning policy framework.
Matt Western
I totally accept that process and how the cogs of local government and so on turn, but my question is actually around the assumptions. Those of us who are quite close to the changes in the whole construction industry and the sorts of housing that we will have in future would say, “Will we be requiring these materials in the same quantity as we have done in the past when modular housing and other forms of construction are coming through and therefore the dependence on and need for sand and gravel will be greatly reduced?”
Rebecca Pow
The hon. Gentleman makes a sound point, but that is all assumption, and we have no data. Councils have to work on data in preparing their five-year plan for housing allocation, as they have to with minerals. That is why we have a system for how these things work. They might change in future, but that is all just supposition, if I might be so bold as to say that.
The planning inspector will consider the evidence provided by the local planning authority to support the plan and any representations put forward by local people and other interested parties. The proposed allocation at Barford will be considered as part of that examination, and the inspector will take into account the issues and viewpoints raised in the representations made, including those from residents in Barford regarding the allocation at Wasperton farm. The residents can make the case about whether this amount of crushed gravel is needed right now, but the council has a process for deciding whether it wants to abide by that guidance.
Unfortunately, by its very nature, new development, whether it be housing or mineral extraction, will have some impact on the local environment. It is for that reason that there are clear and defined measures by which development proposals and their potential impact on residents, local communities and the environment are assessed. The national planning policy framework includes a requirement for local plans to be accompanied by a sustainability appraisal, which plays an important part in demonstrating that the local plan reflects sustainability objectives. That has to be taken into account.
The sustainability appraisal of the Warwickshire minerals plan incorporates a strategic environmental assessment, which included an assessment of the site allocation at Wasperton farm. A habitats regulations assessment was also undertaken, which considered the potential of significant effects on habitat sites or species located within Warwickshire and the vicinity. The proposed mineral local plan policy for the allocation at Wasperton farm includes a number of requirements in relation to access, environmental matters and phased restoration of the site. Those considerations will all need to be taken into account if individual planning applications are made.
Given that the proposed site allocation at Wasperton farm is pretty large—85 hectares—any future planning application for quarry activities will need to be accompanied by an environmental impact assessment. That process assesses the potential for environmental effects, including those to land, including agricultural land; air quality, which needs to be considered by the local authority against the local air quality plan; dust; the health of local residents; noise levels; transport; the landscape; and local and long-distance views, which I understand was raised by the residents of Barford. It would be remiss of me not to highlight that the process also gives consideration to the potential positive impacts of such a development on the local economy, employment and suchlike.
Similar to the local plan-making process, the environmental impact assessment process requires consultation with stake- holders. That process will allow Warwickshire County Council to determine any planning application, should one be submitted. The local planning authority will also have the power to set conditions to which any approved application must adhere, and the local planning authority can take action if it is deemed that any condition is breached.
I fully appreciate that I have been unable to address the specific concerns raised by the hon. Gentleman and the residents of Barford, but it is right that he is raising those concerns on their behalf, as their Member of Parliament. That is the right thing to do, and I would probably do the same for the residents of Taunton Deane. I hope that my explanation of the planning and permitting system and the measures by which we seek to manage any potential environmental impacts has provided some reassurance.
Question put and agreed to.
INSPIRE (Amendment) (EU Exit) Regulations 2019
Rebecca Pow Excerpts(4 years, 6 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
I beg to move,
That the Committee has considered the INSPIRE (Amendment) (EU Exit) Regulations 2019 (S.I., 2019, No. 1352).
It is lovely to see you here bright and early this morning, Mr Robertson. I am delighted to be serving under your chairmanship again. The regulations were laid before the House on 15 October. INSPIRE is a framework directive that has been in effect since 2009, and it requires EU member states to operate a national spatial data infrastructure, using common standards for spatial data and spatial data services. In case anyone is worried about what spatial data is, let me explain that it is data that identifies the geographic location of features, boundaries and events, which means natural features such as rivers, elevation and marine, constructed features such as roads, buildings and wind turbines, and events such as noise levels, air quality and industrial emissions.
The use of common standards means that spatial data is interoperable and can be easily found, used and combined with other data. The rationale for the INSPIRE directive is to improve environmental policy making at all levels of government. The regulations update two sets of earlier EU exit regulations relating to INSPIRE to ensure that the UK spatial data infrastructure can continue to be effective and operable on leaving the EU.
The first legislative update is to the INSPIRE (Amendment) (EU Exit) Regulations 2018, which were laid before this House on 12 December 2018. Those regulations brought most of the INSPIRE directive, and its directly applicable implementing rules, into legislation covering England, Wales and Northern Ireland. Scotland has its own INSPIRE regulations and made its own amending legislation in 2018.
The second legislative update is to the Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019. Those regulations brought the remainder of the INSPIRE directive into UK legislation. They were debated in this House on 17 July and made on 15 October.
Mr Mark Prisk (Hertford and Stortford) (Con)
I do not want to appear too much of a digital mapping geek, but perhaps the Minister could tell me what role the Geospatial Commission, which has a co-ordinating role in Whitehall, would have in terms of the sub-national bodies that she refers to.
Rebecca Pow
That was a timely intervention. My constituency, Taunton Deane, is hoping that the geospatial hub that is currently being commissioned will be based in Taunton; I am not trying to influence the debate, but the UK Hydrographic Office is in Taunton. It deals with most of the world’s shipping maps, so it is already a specialist in that space, in marine data. It makes great sense to link up such things. There are other spatial hubs, for other things. The Ordnance Survey relies on one that I think is based in Southampton. Interestingly, the Geospatial Commission, which I just mentioned in relation to the hub for Taunton—I hope—is due to publish its geospatial strategy next spring. The Department for Environment, Food and Rural Affairs will work with the commission as required, to help to develop the strategy.
The legislative functions regulations transferred to the appropriate authority the functions of the European Commission in the EU INSPIRE directive and other directives. The functions transferred by those regulations in respect of INSPIRE are for the appropriate authority to make new sets of implementing rules and to revoke implementing rules that are no longer needed.
As the SI being debated today amends the Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019, it must be debated under the affirmative procedure. It corrects a reference to an implementing rule that is no longer needed and replaces it with a reference to a new implementing rule, Commission implementing decision 2019/1372, which was made in August 2019. At the request of the Scottish Government, similar amendments are made to the INSPIRE (EU Exit) (Scotland) (Amendment) Regulations 2019.
To be clear, the SI we are debating is specifically about incorporating into UK law new arrangements for monitoring and reporting on the use and implementation of the INSPIRE spatial data infrastructure. I stress that there are no policy changes in the new arrangements, which are to simplify monitoring and reporting of the use and implementation of the INSPIRE spatial data infrastructure.
I should say that officials from my Department persuaded the Commission to introduce the new arrangements. The previous arrangements for reporting on implementation and use were unhelpful because they did not allow comparisons to be made between member states’ efforts on INSPIRE so as to ensure a level playing field. The new system for reporting requires the Commission to write and publish a “country fiche” assessment on how INSPIRE is being implemented and used in each member state. The country fiche highlights progress on the various areas of INSPIRE implementation and presents an outlook of planned actions for INSPIRE implementation. It is a high-level assessment. Our officials, who spotted the issue in a meeting with all their EU colleagues, should be thanked for their perceptiveness. Member states are required to check their report at least once a year and to update it as necessary.
Using the same system as our European neighbours to report on INSPIRE implementation after the UK has left the EU will mean the UK can consider our efforts on INSPIRE against those of our neighbours. As colleagues will be aware, environmental matters do not respect borders. Continuing to use the common standards of the INSPIRE spatial data infrastructure will make it easy for the UK to track and compare data from our neighbouring countries on, for example, marine matters—I know those are very important to the shadow Minister—and pollution.
In summary, the purpose of the SI is to update earlier amendments to UK INSPIRE legislation to ensure that an operable legal framework is in place on EU exit day. There are no policy changes. For those reasons, I commend the regulations to the Committee.
Rebecca Pow
I thank the shadow Minister for pretty much agreeing that we are going to agree and for making, as ever, some perceptive comments. He raised a couple of points that I will touch on. One was about how we will ensure that we keep up with this system. The point is that we have all signed up to it; it is an EU-wide policy, on which we have already had major influence. There is absolutely no way at all that we would not be keeping up with it. It is in everybody’s interest. Actually, it is global, realistically. If there are various spatial commissions in which we want to play a major role, it is crucial that we keep updating the agenda and that we are part of this.
The directive requires member states and us to report on the use and implementation of this national spatial data infrastructure continually. The country fiche, which is the reporting mechanism asking for the data, is a baseline. It was made in 2016. DEFRA will be publishing its reports, most likely on the website, so we will be able to see what is going on and keep up with it. There is no absolutely no intention whatever of not keeping up with it, because it is in everybody’s interest in widely diverse areas.
The shadow Minister asked about the regulations that this measure has replaced. They were the 2018 amendment regulations, which were made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the EU. They relate to the categories of deficiency in retained EU law specified in various sections. What I could do is share the information that I have with the hon. Gentleman. There are a lot of numbers, letters and names, and I would be very happy to give him the information, which he is right to ask for.
That brings me to a close. I thank the shadow Minister and other colleagues very much for their input. As we prepare for the UK to leave the EU, it is obviously important that we have operable legislation in place to allow the UK spatial data infrastructure established by the INSPIRE directive to continue to operate. Maintaining equivalent reporting on the use and implementation of our national spatial data infrastructure to that of EU member states, particularly that in our neighbouring countries, will allow easy comparisons to be made.
I hope that hon. Members now fully understand the need for these regulations. As I have outlined, the SI updates earlier amendments made to UK INSPIRE legislation to reflect the new arrangements for monitoring and reporting on use and implementation. It does not make policy changes. In fact, it simplifies and creates a less onerous set of arrangements for monitoring and reporting. The SI ensures that on EU exit day the UK will have an operable legal framework for INSPIRE that is equivalent to that of the EU member states.
I am not sure whether I have inspired anyone here this morning, but I thank all colleagues for their time and thank you, Mr Robertson, for chairing our Committee.
Question put and agreed to.
Environment Bill
Rebecca Pow ExcerptsMonday 28th October 2019
(4 years, 6 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
It is not over-egging the pudding to say that I am genuinely honoured to be closing this debate on what I consider to be a landmark Bill that will transform our approach to protecting and enhancing our precious environment. Importantly, and as the Secretary of State clearly outlined at the start, the measures in the Bill will not just maintain what is in place but enhance it. They will truly enable us to leave our environment in a better place than we found it.
It was tremendously heartening to hear such support for the Bill tonight. I have been an ardent environmental campaigner pretty much all my life, growing up on a farm, studying the environment at university and working as a journalist and broadcaster in this field. However, as a journalist, I began to realise that while one can highlight the problems, the only way to get the paradigm shift that we need on the environmental agenda is to influence policy.
That is where this Bill comes in, and that is why I and everyone working on it believe that it will be so significant. With the shocking decline in nature, which is so starkly obvious, coupled with the impacts of climate change, this Bill is now urgently needed, as Members have said. Leaving the EU gives us the opportunity to grasp the environmental agenda with both hands and develop a tailor-made framework that will make this world better for us all.
Rebecca Pow
I will not give way because I have so little time.
I am delighted that so many stakeholders have expressed their support for the ambitions of the Bill. For example, the Aldersgate Group, a green business group, has said that
“businesses have backed the introduction of an ambitious and robust environmental governance framework that includes…legally binding environmental improvement targets to support investment in the natural environment over the long term.”
I hope that that gives the hon. Member for Brighton, Pavilion (Caroline Lucas) the assurance that businesses have looked at the content of the Bill. Far from the negativity that we have heard this evening, they see great benefits to the economy from sustainability. Indeed, my hon. Friend the Member for Somerton and Frome (David Warburton) also referred to the business benefits of the Bill. While I am on the subject, I will be very pleased to meet him to talk about the Somerset Rivers Authority, although I will not go into that now because it is quite detailed.
Many of the Members who have spoken are clear about the benefits of the Bill, as am I. We have heard a great deal of positive comments, so I will shoot through just some of them. My hon. Friend the Member for St Ives (Derek Thomas) said that the improvements on biodiversity will help the Manx shearwater. My hon. Friend the Member for Chelmsford (Vicky Ford), who is a massive campaigner for the environment, talked about hedgehog highways. My right hon. Friend the Member for Basingstoke (Mrs Miller) said that her children wanted the deposit return scheme. My hon. Friend the Member for Truro and Falmouth (Sarah Newton) talked about the benefits for healthy soil that the Bill will enable us to deliver. The hon. Member for High Peak (Ruth George) talked about the wider catchment work that we can do under this Bill and other measures. The hon. Member for Newport West (Ruth Jones) talked passionately about the children in her constituency, and this Bill really will introduce things that our children want for the future of their environment.
Many points were raised tonight and I will not be able to get through them all, but a lot of colleagues mentioned environmental non-regression, particularly my hon. Friend the Member for Tiverton and Honiton (Neil Parish), who does such a great job chairing the Select Committee on Environment, Food and Rural Affairs, and the equally excellent Chairman of the Environmental Audit Committee, the hon. Member for Wakefield (Mary Creagh). I was also a member of that Committee, so I know how detailed her work is.
My right hon. Friend the Member for Ludlow (Mr Dunne) also mentioned non-regression, because there are concerns in this area. I wish to be clear that our EU exit does not change the UK’s ambition on the environment. The UK has no intention of weakening our environmental protections; the Prime Minister has recognised the strength of feeling on this issue and he is committed to a non-regression provision on environmental protection in legislation.
A lot of comments were made about the OEP, not least by the hon. Members for Bath (Wera Hobhouse) and for Bristol East (Kerry McCarthy), who is a passionate and ardent campaigner on the environment. I hope she is really going to get behind this Bill, because she has so much to input.
Like them, my hon. Friend the Member for Waveney (Peter Aldous) raised issues about OEP independence, and it will be independent. The Environment, Food and Rural Affairs Committee has been asked by Government to conduct a pre-appointment hearing on the appointment of the chair of the OEP, and there will also be a legal duty on Ministers to have regard to the need to protect the independence of the OEP.
Rebecca Pow
I said I was not going to take any interventions because there are just so many comments to get through.
The issue of resourcing and how the OEP was going to be funded was raised, particularly by the hon. Members for Great Grimsby (Melanie Onn) and for Edinburgh North and Leith (Deidre Brock). The OEP will have the resources it needs to hold the Government and other public authorities to account—that is absolutely essential. Under the Bill, the Secretary of State is required to provide the OEP with sufficient funding to enable it to perform its functions. It has to be properly functioning, otherwise it will not work, and it needs to work. The OEP will also have a five-year indicative budget that will be ring-fenced for each spending review period, giving it a long-term financial outlook and security.
The issue of fines was also raised, with various Members, particularly the shadow Secretary of State, saying that the OEP cannot leverage fines. I value her comments hugely. We had a very constructive meeting the other day and I honestly hope we will work very constructively in Committee, as I know we will. Fines will be unnecessary in our domestic framework once we leave the EU; they would simply shift resources away from the environment. We want the money to stay on the projects—on the environment. There are clear requirements in the ministerial code for Ministers to comply with the law, including court orders.
Targets were another area mentioned by many Members, including my hon. Friend the Member for Tiverton and Honiton, and the hon. Members for Bristol East, for Brighton, Pavilion and for Newport West. Clause 10 requires the Government to set five-yearly interim targets and report annually on whether the natural environment has improved and whether progress has been made on these vital targets. So a real structure is in place to make sure that we meet these targets and that improvements are being made. If they are not being made, there will be recommendations on how they should be made. That is very strong and important.
Air quality was rightly mentioned by a number of Members, and air quality targets are in the Bill. The Government are committed to evidence-based policy making, and we therefore want the target to be ambitious and achievable. It is crucial that Parliament and stakeholders have a chance to comment on the process of developing this target. I met Dr Maria Neira from the World Health Organisation this week and discussed this with her, and she was fully supportive of taking this approach to setting the targets.
A number of colleagues mentioned the issue of engine idling—people sitting in their cars with the engines running. I came across it myself the other day; I had to ask the gentleman to kindly turn his engine off while he was waiting for me to come out for an event. It is an important issue that affects our air quality, particularly around schools when parents are waiting to collect their children. Local authorities can already issue fixed penalty notices for unnecessary engine idling, but guidance is being reviewed and the Government are planning to reissue it to local authorities in the coming months. People are rightly concerned about the issue.
I did not think that I would get through all those comments, so I shall carry on with a few more, Mr Speaker. We much value the experience and expertise of my right hon. Friend the Member for Newbury (Richard Benyon), who has been involved in DEFRA for so long. He mentioned the whole issue of water consumption. The Government recently consulted on personal consumption targets and measures required to achieve them. My right hon. Friend will be pleased to hear that the Government will publish a response in the new year, which will set out intended next steps. We should look at how much water we actually use, aside from water efficiency and any water wastage.
A number of colleagues, particularly my right hon. Friend the Member for Basingstoke, mentioned exports of plastics and suchlike. The measures in the Bill will support local authorities to collect a consistent set of recycling materials. That has been much consulted on and much raised, particularly in the Tea Room—people often talk about why we cannot get enough recyclable plastic material and why more is not used in products. If we had a more consistent collection system and more of the products were itemised, industry would know that it could get hold of particular plastics and use them in its products.
Vicky Ford
I thank my hon. Friend for giving way on the really important issue of plastics recycling. Does she agree that one of the benefits of the producer tax will be to force manufacturers to put more recycled plastic content into plastic products? That will mean less use of virgin plastics and therefore less use of fossil fuels.
Rebecca Pow
That is absolutely right. There are many measures to encourage the use of more recycled plastic in products. Ultimately, we will get into the producer-responsibility circular economy, in which less plastic is actually made in the first place.
Rebecca Pow
I am going to conclude now.
The substance of this debate is the greatest issue of our time. The Environment Bill will make a much needed step change to protect and enhance our environment. I am sorry that I have not been able to deal with every single comment, but I will be happy to meet colleagues later—my door is always open. There are big ambitions in the Bill, and rightly so. We must talk about all the issues in Committee, and I hope that everyone will join in. This is a transformative Bill that will give a whole new approach to environmental protection and enhancement.
I hope that colleagues will indulge me for a couple of moments. I just wanted to mention the fact that, this summer, my husband died. He knew that I had personally campaigned on this environmental agenda pretty much all my life. I believe that he would be very proud to see the Government putting the environment at the top of the agenda, with what I hope will be cross-party support. I very much hope that, as the Bill passes through its various stages, we will eventually all be singing from the same hymn sheet—recycled, I hope. I commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
Environment Bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Environment Bill:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 19 December 2019.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Proceedings on Consideration and up to and including Third Reading
(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed.—(Nigel Huddleston.)
Question agreed to.
Environment Bill (Money)
Queen’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Environment Bill, it is expedient to authorise the payment out of money provided by Parliament of:
(1) any expenditure incurred under or by virtue of the Act by the Secretary of State; and
(2) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Nigel Huddleston.)
Question agreed to.
Environment Bill (Ways and Means)
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Environment Bill, it is expedient to authorise:
(1) the imposition of requirements to pay sums in respect of the costs of disposing of products and materials;
(2) the imposition under or by virtue of the Act of fees and charges in connection with—
(a) the exercise of functions, and
(b) biodiversity credits.—(Nigel Huddleston.)
Question agreed to.
Deferred Divisions
Motion made, and Question put forthwith (Standing Order No. 41A(3)),
That, at this day’s sitting, Standing Order No. 41A (Deferred divisions) shall not apply to the motion in the name of the Prime Minister relating to an early parliamentary general election and the motion in the name of Secretary Julian Smith relating to the Northern Ireland (Executive Formation etc) Act 2019.—(Nigel Huddleston.)
Question agreed to.
Southern Water
Rebecca Pow Excerpts(4 years, 6 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
It is late, but I think we are all still very focused on this issue, which is a tricky one. To be talking about sewage at this time of night is really focusing the mind. I congratulate my right hon. Friend the Member for Tunbridge Wells (Greg Clark) on securing this debate concerning Southern Water and the issues he is facing in his constituency. He is a strong spokesman for his local area, and rightly so. I just want to touch on this whole issue because we are talking about water and a water company, and water is so important in our lives. It plays an important role in our 25-year environment plan and there is a whole section on water in the Environment Bill, which had its successful Second Reading in this Chamber earlier tonight. Some of the things in the Bill will touch on issues raised by my right hon. Friend.
The Government recognise the need to secure long-term water supplies due to climate change and our growing population, so we expect the water industry to take more action in several areas, such as reducing demand for water alongside investing to increase water supplies. The industry also needs to take action on sewerage infrastructure. We recently consulted on a range of measures to reduce personal water usage, including a call for evidence. The need for investment in infrastructure is well set out in the draft national policy statement for water resources infrastructure. I am concerned, however, about the quality of the water environment, and there is more to be done. In the case of some water companies, a great deal more needs to be done.
Last week, the Environment Agency launched a consultation on how we protect and improve the water environment. The “Challenges and Choices” consultation explores how we can work together to manage our waters and deliver significant improvements to water bodies in England in the face of increasing pressures, one of which is housing and the growing population. Given such challenges, the Government want a water sector that delivers more for the customer and the environment. The Government and regulators are challenging the sector to improve its environmental performance, put customers at the heart of the business, and restore trust in the sector. I believe that my right hon. Friend actually used the word “trust” in his powerful speech.
Companies are responding to the challenge and have put forward proposals in their business plans committing to improve performance and offer bill reductions to customers, but there is much more to be done. For example, too much water simply leaks from the system, and significant investment is needed to improve the resilience of our water supplies and to improve service and environmental standards. In July, as my right hon. Friend might remember, the previous Environment Secretary called a meeting with all the water company chief executives to hold them to account over their performance towards customers and the environment. It was quite a groundbreaking moment that received a lot of coverage because he was quite ferocious with the companies.
Several companies, including Southern Water, had recently been assessed by the Environment Agency as demonstrating unacceptable levels of environmental performance. Companies were also challenged over customer service and leakage performance. As a relatively new Environment Minister, I am now working with regulators to put pressure on water companies to do more to increase resilience, enhance the environment and provide customers with value for money.
Water, as we all know, is a really precious commodity, and it needs to be treated as such. I want to be clear that Government and regulators are committed to taking action and holding water companies to account for their poor performance. Earlier this month, Ofwat issued a penalty against Southern Water of £126 million due to serious failures in the operation of sewage treatment works and for deliberately misreporting performance information. This was the largest enforcement action ever taken by Ofwat and resulted in a £3 million financial penalty and £123 million in rebates to be paid out to customers over the next five years.
I am pleased that Southern Water has made commitments to be more open and transparent about its performance with respect to the environment, and there have been changes in management personnel at the company. Additionally, Southern Water has now committed to reduce pollution incidents by 41% by 2025, along with reducing supply interruptions by 51%. The Environment Agency has set out ambitious measures in the water industry national environment programme, which will result in £4.4 billion of investment by water companies in the natural environment between 2020 and 2025, and £547 million of that investment relates to Southern Water. I am optimistic that that will help to tackle some of the biggest challenges facing the water environment, from the spread of invasive species to flow affected by chemicals and nutrient pollution. It is imperative that we clean up our water and, as Environment Minister, I want to see improvements.
To help to prevent sewage flooding incidents such as those that my right hon. Friend mentioned in his constituency, water and sewerage companies have a number of duties in relation to drainage, wastewater and sewerage, including a duty to effectually drain within their areas of operation. Drainage and wastewater infrastructure must be better prepared for extreme rainfall events to reduce the risk of overloaded sewers flooding homes or overflowing into rivers and the sea, which is simply unacceptable—my right hon. Friend referred to some incidents where that happened. I am committed to ensuring that water companies are making those preparations. That is why the Environment Bill contains a measure to place drainage and wastewater planning on a statutory footing, because whereas the water that comes out of our taps has previously been dealt with on a statutory footing, interestingly, sewage has not and has instead been dealt with through a voluntary arrangement. I am optimistic that that will be a strong feature of the Environment Bill, which we have talked about tonight.
That measure will ensure that sewerage companies fully assess their wastewater network capacity and develop collaborative solutions with local authorities and other bodies responsible for parts of the drainage system. That will be in addition to the statutory plans that companies already publish on managing long-term water supplies. South East Water, the water supplier for Tunbridge Wells, recently agreed and published its plan. I expect Southern Water to work collaboratively with South East Water to ensure that their plans align. Again, the Environment Bill contains measures on getting water companies to work together much more collaboratively, so that their plans overlap, whether they share the same boundaries or whether, as in this instance, one has the water coming out of the tap and the other deals with what goes down the loo. There will be a duty to work together much more closely on those issues.
The Government have also published a surface water management action plan, which sets out the steps we are taking with the Environment Agency and others to manage the risk of surface water flooding. The plan sets out 22 actions to improve our understanding of the risks of flooding and strengthen delivery. Key actions include making sure that infrastructure is resilient—something that I think my right hon. Friend was getting at—joining up planning for surface water management and building local authority capacity. One of the actions in the plan is to make drainage and wastewater management plans, and that is now in the Environment Bill. Ofwat has recommended that water companies should already have started their action plans, so Southern Water should be starting to formulate its plan. In addition, the autumn Budget allocated £13 million to tackle risks from floods and climate change at the national level. Local authorities have the opportunity to bid for some of that funding to address local needs.
My right hon. Friend also talked about new housing developments and the pressure that they can put on drainage systems. I fully understand—because he painted such a clear, if ghastly picture—what he said about the situation in Paddock Wood and the new housing there and in surrounding areas. I have a great deal of sympathy with those who have had to experience these sewage events. As a slight aside, Southern Water does not have a good record of responding to complaints either—indeed, it has a very poor record—and I imagine that a lot of those affected will have made complaints.
The national planning policy framework was revised in July 2018 and stated that sustainable drainage systems—SuDS, which I am a fan of—should be given priority in new developments in flood risk areas. The NPPF strengthened existing policy to make clear the expectation that SuDS are to be provided in all new major developments, unless demonstrated to be inappropriate. Local flood authorities must also be consulted on surface water drainage considerations in planning applications for all major new developments. This really ought to go some way to address issues raised by my right hon. Friend. Water companies should be consulted on these planning applications, and the plans should be rejected where it is thought that the infrastructure really is not suitable. Water companies will charge new developments for connection to the sewerage systems, so they have that right to charge where they think we need more connections, and they should use this money to pay for any upgrades.
The economic regulator Ofwat is currently in the final stages of its price review process with the water companies. Ofwat has pushed Southern Water to improve its performance, make efficiency savings and reduce bills. I support Ofwat in its work with Southern Water to help it to bring its business plan up to standard. Without a doubt, evidence highlights that the performance of Southern Water has left a great deal to be desired. If improvements are not forthcoming, I shall be requesting a meeting with Southern Water. I believe my right hon. Friend asked whether I would step in and take some serious action, and I shall be doing that and asking some serious questions.
Greg Clark
I am grateful for the commitment that my hon. Friend has given to take action. Will she agree to meet me, and perhaps some of the residents in my constituency, to discuss the response to her meeting with Southern Water, so that we can make an assessment of whether things are heading in the right direction?
Rebecca Pow
Of course I will meet my right hon. Friend. We want water companies that are working effectively and efficiently, and we need to understand the pressures they are under and how to deliver for all new houses. We are committed to building new houses as a Government. We need new houses, but they need to function properly, with the right infrastructure, so of course I will meet him.
In conclusion, we want to see a water industry that puts customers at the heart of the business, contributes to communities, and protects and enhances our precious natural environment. I will continue to push the sector and hold water companies, such as Southern Water in this case, to account if necessary.
Question put and agreed to.
Plastic Food and Drink Packaging
Rebecca Pow Excerpts(4 years, 6 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
Thank you, Mr Stringer; it is a pleasure to serve under you today. I will endeavour to leave a minute for my hon. Friend the Member for Tiverton and Honiton (Neil Parish), whom I must thank for introducing the debate and for all the work of his Committee. I was previously a member of the esteemed EFRA Committee, and I know what excellent work it does and how important this inquiry was in informing what is, as we can tell from today’s debate, an engaging and really important subject. As constituency MPs, plastic packaging is a subject that so many people come to us about, so the information was—and is—really useful. The Government will publish their formal response shortly.
Clearly, plastic from packaging is a really serious issue. It makes a huge contribution to the overwhelming amount of plastic in the world around us. Some really excellent points have been raised today, as they were in the inquiry, but I wish to assure hon. Members that progress is being made—hopefully I will make that clear in what I will say—and leadership is being shown on the issue.
First and foremost, we have set out our ambitious 25-year environment plan to eliminate all avoidable plastic waste within the lifetime of the plan. For the most problematic plastics, we are going faster. In the resources and waste strategy for England, which was published last December, we committed to working towards all plastic packaging placed on the market being recyclable, reusable or compostable by 2025.
We have already made good strides. We banned microbeads in cosmetic and care products. I thank the hon. Member for Falkirk (John Mc Nally), who was very involved in that campaign, as was I on the Environmental Audit Committee. Of course, waste and recycling is a devolved matter in Scotland, but we worked together on that. We will also ban plastic stirrers, cotton buds and straws by 2020.
I will mention four areas of overhauling the waste system. We have had four major consultations on that. People say, “Why do you keep consulting?” but we have to have the data before we know what the right steps to take are. We have consulted on the consistency of recycling collections, which has been mentioned by so many Members. That consultation had a phenomenal response, and we intend to introduce consistent collections in 2023, subject to further consultation. That will be in the Environment Bill, with further consultation, and is a firm commitment.
Neil Parish
That is a laudable approach, but how will the Government guide local authorities to ensure that they change their contracts and collections actually are more uniform?
Rebecca Pow
That is a good point. Members touched on funding. We will give increased powers to local authorities, fully funded through the producer responsibility scheme, which I will go on to talk about. They should not fear; they are going to be a key part of this. As so many Members have referred to, achieving this alignment is critical to the future of the plastics world. That is all being listened to and consulted on, and there will be further consultation in the environmental improvement part of the Environment Bill.
The Government also carried out a consultation on producer responsibility, which will be a radical reform for producers of packaging. It will put the onus entirely back on them to be responsible for what happens to their product, how much recyclable material it contains, where it will go at the end of its life and all that.
Kerry McCarthy
On a point of clarification, I understand that the EU is currently reviewing both the extended producer responsibility rules and the essential requirements in the packaging waste directive. How does that fit with the reviews that we are carrying out here if we are to leave the EU?
Rebecca Pow
I urge the hon. Lady to look at the detail of the producer responsibility scheme and the consultation. We will develop our own bespoke system. This is all being done in conjunction with businesses, and there is a great deal of support for it.
A point was raised about the thresholds for reporting the amount of packaging waste. Some consultation has been done on that and feedback has been provided, and I assure my hon. Friend the Member for Tiverton and Honiton that information will be available in the near future. Similarly, we want consistent labelling on packaging so that consumers know what to recycle, in order to reduce the confusion that everyone keeps talking about regarding what is and is not recyclable. Another consultation is being carried out on that to gather yet more data.
We have also consulted on the deposit return scheme—one of those critical subjects that everyone seems to contact us about. The details of that scheme will come forward in the Environment Bill, with a view to introducing what we hope will be the best system in 2023. There will be a further, final consultation on that in the second part of the Bill to make sure we get it right. As I am sure Members are all aware, there is so much to this: what are we going to include? Will it be glass? Will it be plastic? What does the industry want, so that the scheme is usable by them when they gather all the material? It is not quite as straightforward as people think, but it is definitely coming forward.
Rebecca Pow
I just wanted to address the point, which I think was made by the hon. Gentleman, about local authorities no longer being required to collect DRS material. Obviously, their new systems of collection will be funded through the producer responsibility scheme, so I hope that puts Members’ minds at rest.
Her Majesty’s Treasury has also consulted on a plastic packaging tax on the production and import of plastic packaging, to encourage the use of more recycled content. DEFRA’s proposals will work to increase the quality and quantity of the supply of recycled material; the plastic packaging tax will work in parallel, meaning that the amount of recycled material has to be incorporated into products. If producers do not reach the right level, which is purportedly going to be 30%, they will pay a tax.
I will now move on to the Environment Bill.
Rebecca Pow
I want to get through all of my information, but go on, then. Make it quick, sir. [Laughter.]
Douglas Chapman
I will take as much time as I need, but I thank the Minister for her comments. My hon. Friend the Member for Falkirk (John Mc Nally) mentioned the EU directive on single-use plastics, which is a policy that the Scottish Government support. Beyond 31 October, what does the Minister anticipate will be the view of the UK on keeping pace with environmental policy across the rest of Europe? Obviously, we will still be trading with other member states, and in this case the directive is a force for good. The Minister has talked about bringing in something as an alternative to the directive, so what would that look like?
Rebecca Pow
We have committed to maintaining our environmental standards, and will always keep a weather eye on what is going on in Europe. We will be moving on in our own way, but it is crucial to maintain very high standards in all these areas and we have committed to do so in the waste strategy, the Environment Bill and the 25-year environment plan.
I hear Members say, “It is all very well having all these consultations, but how do you bring them into practice?” As I have mentioned, we will make these measures a reality through the Environment Bill. All the measures I have mentioned—deposit returns, producer responsibility and consistent gathering—will come forward in that Bill, which will be quite radical in getting rid of the “take, make, use, throw away” world that we live in and introducing a much more circular economy. To respond to the point made by the shadow Minister, the hon. Member for Ipswich (Sandy Martin), many of those measures will, of course, result in less waste being produced in the first place.
Much has been said about consumer confusion, and my hon. Friend the Member for Tiverton and Honiton and the shadow Minister mentioned biodegradable plastics in particular, which I hope will be addressed as part of dealing with the labelling issue. It is an area in which data is so important—what is biodegradable? What do things break down into? What do they produce in the soil, and what runs off into the water? All those questions need to be carefully researched. As a consequence, the Government published a call for evidence in July 2019 to help consider the development of the standards and the certification that might be given to biodegradable and compostable plastics. That call for evidence has only just closed, on 14 October, and its findings will be published in due course.
I was very interested in the point about nappies made by my hon. Friend the Member for St Ives (Derek Thomas)—I used washable nappies for my first child, and it nearly killed me because it was such hard work. We will need to address the issue of proper biodegradable nappies in the future. I also wanted to mention the 5p charge, which demonstrated how bringing in such a measure can cause a paradigm shift, making the whole of society change how it acts.
My hon. Friend the Member for Tiverton and Honiton mentioned his water fountains, and I commend him on those; they are a great idea for his local area. He may want to contact Water UK, which advises on introducing water fountains in public and the refillable bottle scheme in cafes and shops. The shadow Minister and I share our bottles in common, and I was one of the people who worked on the plastic-free Parliament initiative—lots of Members did that, across all parties—and on giving up plastics for Lent, which was very hard. Those are great initiatives, and they are moving forward.
I also commend the UK Plastics Pact, the first initiative of its kind in any European country, which is run by the Waste & Resources Action Programme and supported by 80 Members. It contains key issues and objectives for 2025, including the elimination of problematic or unnecessary single-use packaging through design and innovation; for 100% of plastics packaging to be reusable, recyclable and re-compostable; for 70% of plastics packaging to be recycled and composted; and for there to be an average of 30% recycled content across all plastics packaging. Its endeavours are excellent. I know that Scotland was an early member of that group, and it has got a lot of support from businesses including Waitrose, Morrisons and Tesco. Many of those companies are trialling loose and unpacked vegetables. I still use my Somerset wicker basket, which I try to mention in any debate I can possibly get it into, rather than plastic bags. I have run a one-woman campaign on this all my life; we should all have a wicker basket, which also help to take in carbon through growing the willow for the baskets.
A lot of funding and effort is going into research and development and into innovation, which are absolutely key to reducing our plastic use, as has rightly been said by the shadow Minister and many other Members. Already, £20 million has gone into a plastics research and innovation fund, £20 million into a plastics and waste innovation fund, and £60 million into the smart sustainable plastic packaging challenge. A lot is going on in this space, and I commend and welcome it.
This is a complex area, but I assure Members that I feel we are making progress. If Members join in with the Environment Bill, we will get some measures through that will change our lives.
Waste Processing Facilities: Local Environment
Rebecca Pow Excerpts(4 years, 6 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
It is an honour to serve under your chairmanship, Mr Bone. I congratulate the hon. Member for Bristol North West (Darren Jones)—almost a neighbour in the west country—on securing the debate and on his commitment to bringing this issue to our attention. I know he has been working hard locally with the Environment Agency and other partners to try to pinpoint the sources of some of the problems faced by his constituents. Having grown up on a dairy farm, I am well acquainted with living with flies in everyday life, and I sympathise with his constituents who are living with this. I know the Avonmouth area relatively well, having been a news reporter based in Bristol. I was often sent to Avonmouth to report from the industries there—and, indeed, some of the recycling centres.
A relatively significant cluster of waste facilities in close proximity to a residential area will, by its nature, have some impact on local amenity. The planning and permitting systems need to work together to ensure that those impacts are managed within acceptable limits. We need to ensure that we have clear and strong environmental regulation and planning controls that work for the environment, for the people living there and for business. The Environment Agency and local planning authorities therefore each have distinct roles with regard to pollution and planning control to enable that to happen. That is their purpose.
It is for local planning authorities to prepare local plans to meet the need of waste management in their areas and deal with relevant planning applications. All steps of the planning process are subject to public consultation, and local planning authorities do consider representations from stakeholders when making planning decisions. When determining planning applications, local authorities have to give due consideration to potential statutory nuisance and other cumulative impacts—flies could come under that—as well as similar developments being close to one another.
Bristol City Council’s core strategy, which, I remind the House, was adopted by a Liberal Democrat-led council back in 2011—the council is now Labour—identified Avonmouth as a priority area for industrial and warehousing development, including waste management activities. A decision, which was thought about, was taken to make the area a centre for such activity. Planning applications are determined in accordance with the local plan unless material considerations indicate otherwise, and they take account of the likely impact, including cumulative impacts on the local environment, communities and the economy.
When considering those impacts, the planning system has the power to limit the number and types of operation being developed in any particular area, if appropriate. Although I am unable to comment on individual cases, I believe that the hon. Gentleman’s reference to central Government’s overturning the council’s decision to withhold planning permission may relate to an occasion when an independent public inquiry allowed an appeal against the decision. The decision to allow the appeal was then upheld following a challenge in the High Court.
John Howell
I hear what the Minister says about what the planning system and local councils can do, but does she recognise that many local councils have different standards for implementing these things, and that that leads not to standardised performance in this field, but to widely varying performance around the country?
Rebecca Pow
I thank my hon. Friend for his intervention. Local authorities do have power and are required to act for the benefit of local people; I gather that my hon. Friend’s council has decided that its recycling facilities have to be enclosed, so that is the decision it has made for the benefit of its constituents.
Our published guidance makes it clear that when applying for an environmental permit for regulated activities, operators should make applications for both planning permission and environmental permits in parallel whenever possible. This helps the operator, the planning authority and the Environment Agency to join up, to the benefit of all concerned. I know that necessary distinctions in regulatory roles and remits can lead to particular issues on the ground. It is therefore important that all parties involved in the consideration of granting permission to and permitting regulated facilities work together openly and transparently at a local level, to achieve the best outcomes.
Darren Jones
The Minister will have to forgive me if I am treading on the next paragraph of her speech, but the issue here is the retrospective view. Planning permissions and environmental permits have been granted, and we are now in a position where we have too many of these facilities, too close to residents and processing too much rubbish. The question is about powers to deal with them now that those decisions have already been taken, whether at local or national level. Are there powers that the Minister can refer to that will deal with the issues already in place, or are we just discussing powers for getting this right on new applications in other areas?
Rebecca Pow
I thank the hon. Gentleman for his comments. Of course, powers were used in the case of the company he referred to, New Earth Solutions, in respect of the fly infestation. Action was taken, and I am told by the Environment Agency that the situation has improved and the company has subsequently complied. Clearly, the powers worked in that particular instance.
The Environment Agency is working closely with Bristol City Council and, I believe, with the hon. Gentleman, but it has not been able to identify a single source of the fly infestation. The agency would have to be very certain before it could take action, because there are 39 permitted waste facilities regulated by the Environment Agency in close proximity to Avonmouth. They manage a range of waste materials, including metals, healthcare waste, and household, industrial and commercial waste, and they will therefore all have different impacts. Not all of them will be the source of flies, noise, or dust, but all those facilities—both those that are and those that are not currently operational—are regulated by environmental permits that set out the measures with which operators are expected to comply in order to minimise any adverse impacts to local residents, businesses and the environment. So, there is a system.
The Environment Agency has a range of powers that it can use to address shortfalls in operators’ performance. In fairness, the agency has put a lot of effort, as I am sure the hon. Gentleman will agree, into investigating the potential causes of the fly infestations at Avonmouth, and it continues to work closely with local partners. I have spoken to the agency myself about how much it is doing to try to crack the situation.
It is clear that any operator who does not comply with the conditions of its permit will be subject to compliance and enforcement action by the Environment Agency, but revoking is the end of the line. What the agency really wants is to work with the businesses to make the system work, because we need places to send our rubbish. Bristol is a big city, so that is very important. Depending on the action being taken, there are different timescales, but revocation is an absolute last resort. Fly infestations can also be treated as a statutory nuisance and enforced against by the local authority—that comes under the local authority as well, so it has that power.
I understand the hon. Gentleman’s comments about the cumulative impact of the facilities. The Environment Agency investigates complaints received from local residents regarding odour, dust, noise and flies. I reiterate that although it has been possible to substantiate historic complaints in some cases, with the Environment Agency taking appropriate enforcement action, in many instances it still has not been able to identify any one source for the issue.
Although it is not in the Environment Agency’s remit to determine the locations of waste management facilities, it continues to meet the council to ensure that they work together to minimise the impact on residents. I believe it has also done a lot of work with the city council over the summer, because that is when the flies are worst, to investigate and monitor local fly populations. Officials from the Environment Agency have even toured the area with the Mayor; I believe the hon. Gentleman may have been there as well.
Rebecca Pow
Going on to the ground seemed to me like an eminently sensible thing to do. I gather that, following that tour, the Mayor decided that they would try to see whether they could help somewhat by looking at how local waste is collected and tasking each collection team with more emphasis on the cleanliness in its particular streets. That is just one of a list of measures that have been used to help. The Environment Agency continues to visit the permitted facilities in and around Avonmouth constantly, although those visits still do not seem to have found the one source of flies.
Mrs Hodgson
Following the Adjournment debate that I secured in the House, the then Minister, the hon. Member for Camborne and Redruth (George Eustice), said that he would go away and look at the question of future further powers for the Environment Agency, as my hon. Friend the Member for Bristol North West (Darren Jones) mentioned. Now that this Minister is in post, can she commit to looking into that, specifically with regard to spot fines? For littering and dog poo, officers from the council can issue spot fines, but for something as big as this, the Environment Agency does not have that power. Does she think she could look into that?
Rebecca Pow
I was not at that particular debate, but there are a great many measures coming through the resources and waste strategy, which I am sure the hon. Lady is familiar with, with plans to reduce waste and increase recycling and resource efficiency, as well as an ambitious set of reforms to the way waste will be regulated and managed to mitigate future impacts. We will write to her about any progress being made on the idea of spot fines, but there is already a process that the Environment Agency can operate, with revocation being the end, if possible. I will get back to her. She mentioned earlier the transfer of permits; the Environment Agency has to assess transfers of permits, and there are regulations for how that should work.
Going back to the resources and waste strategy, there is a great deal in there that will be coming forward. As indicated by the hon. Member for Bristol North West, waste management facilities are now all required to have a written management system, designed to minimise the risk of pollution and reduce the impact on local communities and the environment, which should cover things such as the management of flies, odour, noise and dust. However, I take his point regarding requirements and actions to combat flies. That is already picked up through the written site management plan for Avonmouth, but I would expect the Environment Agency to be paying particular attention to that—I know it is doing so, but I will highlight that it is essential that it looks at that.
In the resources and waste strategy we will also strengthen the requirement for those operating permitted waste sites to be technically competent, remove or change some of the higher risk exemptions from the permitting system to ensure those facilities can be regulated fully, and enact far-reaching reforms to the ways in which waste can be transported and tracked. Just yesterday, £1 million was announced for investment in technology to help to crack down on illegal waste.
To sum up, I thank the hon. Gentleman for bringing this subject to the House. He is clearly working hard on behalf of his constituents. I hope I have made it clear that there is a system in place, and that the Environment Agency is doing all it can and will continue to monitor the situation with Bristol City Council and, indeed the hon. Gentleman himself.
Question put and agreed to.
Draft Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
Rebecca Pow Excerpts(4 years, 6 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
I beg to move,
That the Committee has considered the draft Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.
I am delighted to be serving under your auspices today, Mr Robertson. This statutory instrument, laid before the House on 15 July, is one of a number of statutory instruments with the purpose of ensuring the continued operability of our environmental law as the UK leaves the European Union. Like other such instruments, it does not make policy changes, and has no effect beyond making sure that current environmental protections continue to be effective.
The regulations extend and apply solely to Northern Ireland. They concern devolved areas of policy that would normally be dealt with by a devolved Administration at Stormont. In the absence of the Northern Ireland Assembly, it is necessary that we consider this instrument in this House. That is unfortunate, but if Parliament did not deal with these regulations it would not be possible to make them, which would leave inoperable and inconsistent provisions in Northern Ireland’s environmental legislation. While there is no Northern Ireland Executive at the moment, the Northern Ireland civil service continues to operate, and officials from the Department of Agriculture, Environment and Rural Affairs in Northern Ireland are here today to help answer any questions that members of the Committee may have. They are very welcome.
The regulations are made under section 8 of, and schedule 7(21) to, the European Union (Withdrawal) Act 2018. That Act retains EU-derived legislation in UK law. Section 8 of the Act enables regulations such as these to be made to address deficiencies in EU-derived legislation that arise from the UK leaving the European Union.
Michael Fabricant (Lichfield) (Con)
Will my hon. Friend confirm that this instrument will not mean any diminution in standards? Will she also say whether it prevents us from improving standards over and above those currently in place for the European Union as a whole?
Rebecca Pow
My hon. Friend is as astute as ever, and I thank him for his intervention. The instrument will not result in any lowering of environmental standards, but in those standards being maintained. He will be interested to hear that later, I will talk about something called “best available techniques”, which is a technical term; we are going to be putting in our own system for that. Hopefully, more information will be revealed as I go through my speech, but there will be no diminution of standards at all.
Similar legislative updates to those contained in these regulations were made for England and Wales on 3 July through the Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019, which amended the Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 and the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019. As with other regulations made under the withdrawal Act, these regulations have been drafted on the basis of leaving the EU without an agreement. It is, of course, the Government’s preference that there will be an agreed basis for leaving the EU. However, it is prudent to ensure that we preserve our environmental protections upon leaving the EU in all eventualities.
The draft Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 correct operability amendments made by three other Northern Ireland European Union exit instruments, and amend one piece of Northern Ireland primary legislation. Part 2 of the instrument amends the Waste and Contaminated Land (Northern Ireland) Order 1997, and part 3 amends the three Northern Ireland EU exit SIs in order to correct some earlier operability changes made to primary and subordinate waste legislation in Northern Ireland. This is considered necessary to ensure that a consistent approach is taken to addressing operability issues in Northern Ireland waste legislation.
The particular operability issues all concern how article 16 of the waste framework directive will be applied in domestic law once the UK exits the European Union. To summarise, article 16 encourages member states to put in place infrastructure to deal with their own waste. The amendments ensure that that stipulation is appropriately reflected in domestic law. They do so by requiring the United Kingdom to move towards the aim of becoming self-sufficient in waste disposal and recovery.
The amendments also ensure that the relevant domestic legislation in Northern Ireland no longer refers to “best available techniques” where that could be interpreted by reference to EU definitions and processes, which will no longer be valid when we are no longer EU members.
The amendments are technical in nature and, as I have said, do not alter policy. Crucially, there is no reduction in the environmental standards or obligations to which Northern Ireland is currently subject.
I want to acknowledge at this point, Mr Chairman, that the issue of environmental standards has been contested during consideration of the instrument by the Secondary Legislation Scrutiny Committee. In reporting its consideration, the Committee published comments by Green Alliance to the effect that the removal of references to “best available techniques” in Northern Ireland legislation could lower environmental standards. That is absolutely not the case.
Rebecca Pow
The UK has committed to maintaining environmental standards and to ensuring that the current best available technique conclusion implementing decisions, which set out the relevant requirements and emission limit levels for installations—just in case anyone was wondering what these best available techniques were, they refer to the emission limit levels for installations—will continue to have effect in UK law after the UK’s exit from the European Union.
Best available techniques for waste treatment have been set out and issued under Commission implementing decision (EU) 2018/1147, in accordance with the industrial emissions directive. That decision, as amended, has been adopted as part of retained EU law and, therefore, the conclusions set out within it will continue to apply post the UK’s exit from the European Union.
The Government have committed to put in place a process for determining future UK best available technique conclusions for industrial emissions post the UK’s exit from the European Union. That is being developed with the devolved Administrations and competent authorities across the UK. Legislative changes may be required to reflect the agreed process in due course. I hope that assures my hon. Friend the Member for Lichfield that this is all under way, and that standards will indeed be addressed and upheld.
The corrections and amendments to remove the requirement to take best available techniques into account in the context of article 16.1 of the waste framework directive ensure that the relevant domestic legislation and retained EU law do not commit the United Kingdom to comply with future amendments to best available technique arrangements and emission limits that may be produced by the European Commission. That is, of course, the crux of the matter.
Just to clarify, as it is a tad complex: amendments have been made through UK legislation either to remove or update references in respect of best available techniques, in order to ensure the operability of the relevant provisions, as the process of establishing and agreeing best available techniques is driven by the European Commission under the industrial emissions directive. Once the UK exits the European Union, it will no longer be a member state and will, therefore, no longer be part of the process of developing and agreeing future EU best available technique requirements. Rather, the UK will take its own approach to the development of future best available technique requirements to be met by UK industry. That could also take into consideration developments that are ongoing in the EU.
In respect of the amendment to the Waste and Contaminated Land (Northern Ireland) Order 1997, the reference to best available techniques in schedule 3, which was directly copied from article 16 of the waste framework directive, has been omitted because the term is not defined or used elsewhere in the order. Furthermore, there is already a requirement to take best available techniques into account in the context of establishing an adequate network of waste disposal installations and installations for the recovery of mixed municipal waste from households in another piece of Northern Ireland legislation, the Waste Management Licensing Regulations (Northern Ireland) 2003, which has been updated to ensure operability post the UK’s exit from the European Union.
In conclusion, for the purposes of addressing the instrument before us, if we did not address those deficiencies, the result could be legal uncertainty and ambiguity around the meaning of Northern Ireland’s environmental laws. This instrument ensures legal certainty in Northern Ireland as we approach our exit from the EU and ensures that we maintain environmental standards and protections across the UK. I commend it to the Committee.
Rebecca Pow
I thank the shadow Minister for his very clear points about how there have been a great many amendments. I am sure none of us wants to see any muddling of amendments, because these are really serious bits of legislation that affect business in a fundamental way. However, we can take heart that the technicality was spotted and we have made the changes, which shows that our scrutiny systems work. We have a Scrutiny Committee in the House of Lords and a similar one in the Commons. This legislation has been passed by them with a microscope and they are now happy with the changes that we have made. I hope that that sets the hon. Gentleman’s mind at rest.
It is important that some areas have been identified during the laying of this legislation. As the hon. Gentleman knows, the volume of legislation that has progressed over the past 12 to 18 months—and the timescales involved in producing it—has been on an unprecedented scale. Every effort has been made to ensure that the legislation that comes before Parliament does not contain errors, and processes are in place, as I said, with the Scrutiny Committees and so on to correct them, because it is important that they are corrected. Although they might sound confusing to the ordinary person out there on the street, to those for whom the regulations apply they are absolutely crucial.
We had a reference to the best available techniques being removed from the Waste and Contaminated Land (Northern Ireland) Order 1997. I thought I had made it clear in my speech why that had changed. In respect of the amendment to that order, the reference to the best available techniques was directly copied from article 16 of the waste framework directive, and it has been omitted because the term is not defined or used elsewhere in the order. It is an absolute technicality. Furthermore, there is already a requirement to take the best available techniques into account in the context of establishing an adequate network of waste disposal installations and installations for the recovery of mixed municipal waste from households in another piece of Northern Ireland legislation, the Waste Management Licensing Regulations (Northern Ireland) 2003. Those regulations have been amended by previous EU exit instruments—the Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 and the Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019—to ensure operability post the UK’s exit from the European Union, so I hope I have cleared that up.
The shadow Minister also mentioned standards and the change in respect of the reference to moving towards the aim of becoming self-sufficient in waste disposal and the recovery of waste, which are consistent with the current requirement on member states, again in article 16 of the waste framework direction in EU legislation. The corrections that these amendments make maintain the current ambition and objectives relating to becoming self-sufficient in waste disposal and the recovery of waste. That is the wording used in the EU directive. The previous amendments were not consistent with the current approach. I hope that clears up those points; it is slightly complicated.
Rebecca Pow
I thank everyone on the Committee, particularly our colleagues from Northern Ireland, for their help and input. Just in case hon. Members have any queries, I assure them that these regulations will have no effect on other things connected with Northern Ireland, such as the peace process, the Good Friday agreement and border security. These regulations make corrections and minor technical amendments to address shortcomings in the retained EU environmental law in Northern Ireland arising from the withdrawal of the United Kingdom from the European Union. As my hon. Friend the Member for Lichfield said, it is to everyone’s benefit to maintain the integrity of environmental protection rules here and—particularly in relation to these regulations—in Northern Ireland. I commend the regulations to the Committee.
Question put and agreed to.
Exiting the European Union (Plant Health)
Rebecca Pow Excerpts(4 years, 6 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
I beg to move,
That the draft Plant Health (Amendment etc.) (EU Exit) Regulations 2019, which were laid before this House on 22 July, be approved.
These regulations amend the Plant Health (EU Exit) Regulations 2019 to ensure that recent EU-derived protective measures against the introduction and spread of harmful plant pests continue to remain effective and operable on leaving the EU. The 2019 regulations, which were debated in this House on 19 March, are an important element of the EU exit legislation that we have put in place to maintain plant biosecurity, and they set out a list of harmful pests and plant material that will continue to be regulated.
It is our responsibility to protect biosecurity across plant and animal health, as well as to protect the wider ecosystem. It is also important that we have a robust process of ongoing review to strengthen biosecurity protections, where this is possible and necessary, as we leave the EU. These draft regulations are specifically about protecting plant biosecurity, and the amendments address technical deficiencies and inoperability issues—that is quite a mouthful—relating to retained EU law on plant health that could arise when we leave the EU. I should make it clear that all the amendments introduced by this instrument are simply technical operability amendments and do not introduce any policy changes. They ensure that existing measures set out in EU legislation and national measures introduced under the EU’s plant health directive will continue to apply to the UK as we leave the EU.
Jim Shannon (Strangford) (DUP)
First, let me say what a joy it is to see the Minister in her role, and I wish her well in that position. In recent times, and in many of the papers I have had the chance to read, alien species, be they plant or animal life, have become a growing issue. Does the Minister feel that the legislation coming forward—I am mindful that the Minister has said that this is not a change—will be able to ensure that those alien species, wherever they come from, be they from the sea or land, become a thing of the past, rather than something we have to endure and live with?
Rebecca Pow
I thank the hon. Gentleman for his intervention. As he will know, I have an interest in this area, and I wish to give assurances that this Government are taking alien species extremely seriously. We do not want invasive species coming into this country, and we will give assurances that we will have the highest level of protections and standards as we go forward, as this example today on plant biosecurity will demonstrate. This is a belt and braces step we are taking today.
Susan Elan Jones (Clwyd South) (Lab)
I have a quick question for the Minister. Many of us are very concerned about regulated plant material coming in from third countries via the EU. What will happen with the checking? Many of us are very concerned about what this could mean in terms of pests and diseases.
Rebecca Pow
Again, the hon. Lady raises a good point. We are setting up the most stringent system and checks. I will perhaps make some references to that in my summing up at the end, because people are concerned about it. However, we are revered for our standards on these things already, and we will be strengthening our checks and balances, because it is so important to us as an island that we address these things.
The majority of the changes update the list of regulated plant pests and plant material and associated import and movement requirements relating to host material in the 2019 regulations to reflect the recent amendments to the list in the plant health directive made by Commission implementing directive 2019/523, as a result of technical changes in the assessment of risks presented by particular pests and diseases. Important changes are included, regulating against new threats, such as the lemon tree borer, which affects a great deal more species than just lemon trees, including species in this country, and strengthening protections against the tobacco whitefly and the pine processionary moth, for which the UK currently has protected zone status. In addition, the list is being updated to ensure that specific national measures that have been introduced under EU provisions to protect against the rose rosette virus and the oak processionary moth remain operable after we exit the EU. I thought I would just say a bit about those two things because they are the new things we are ensuring protection against.
The rose rosette virus is an extremely damaging disease that will affect our wonderful roses. It is already widespread in the USA and parts of Canada, where it has had devastating impacts, and it was found for the first time in 2017 in India. The virus affects all roses—
Rebecca Pow
I shall just finish describing the horrific effects of this virus, if the hon. Gentleman does not mind. The virus affects all roses and its mite vector may be present in both plants and plant parts. Current EU regulations restrict the import of plants for planting from non-European countries to plants which are dormant and free from leaves, flowers and fruit, but this is not sufficient to prevent the entry of this devastating virus, which is why we introduced national protections, which we want to retain into the future. Can you imagine, Mr Deputy Speaker, if the virus got a hold in our gardens, where we love and revere roses so much? It would have a terrible impact, as it would have on our high-quality rose breeders and the whole of that industry. It is extremely serious. Interestingly, the EU is now following our lead and is going to copy what we do. That sets us up as leaders.
Mr Jim Cunningham
I welcome the Minister to her new position. Can she give me an example of what I would call an early warning system? Do we have one so that we can get on top of diseases as soon as possible?
Rebecca Pow
That intervention leads me neatly to the other thing that we are protecting, so I will answer the hon. Gentleman’s question shortly. The oak processionary moth is native to southern Europe. Its caterpillars eat the leaves of oak trees, thereby affecting the health of the trees. They also shed poisonous hairs that can cause adverse reactions in humans. The majority of the UK is designated as a protection zone against this damaging pest. It is established in many parts of Europe and its distribution has recently expanded, including in the UK, where some cases were found earlier this year. Fortunately, the Government took rapid action—this answers the hon. Gentleman’s question. We have in place a good system: first, we strengthened the existing national protections against the pest by tightening import requirements. The Forestry Commission and the Animal and Plant Health Agency then took swift action to eradicate any signs of the moth, its larvae or its caterpillars. An excellent surveillance system swung into action and lots of work was done to trace the creatures and destroy the caterpillars and, indeed, infested and related trees. All the infested trees were intercepted in the protection zone and any signs of the moths and the trees they attacked have been destroyed. It is important that we ensure the continued operability of the strengthened import requirements, to ensure ongoing protection. That is why we are proceeding with this legislation.
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
The Minister has given a full and interesting answer. Global warming is upon us, and of course as global warming proceeds, various species of animals and flowers are migrating ever northwards to the British Isles and across Europe. I plead with the Minister to consult our scientists and experts at Oxford, Cambridge, Edinburgh and St Andrews on what dangerous species might be tempted north, even into my constituency, by what is happening in the world.
Rebecca Pow
That is very much on the Government’s radar. Indeed, DEFRA is really strong in this policy area and works constantly to see what new threats might be coming into and out of the country. As an island nation, it is important that we are really on the ball. We are going to remain part of the European and Mediterranean Plant Protection Organisation, which involves many more European countries, as well as many others, all working towards the same goal.
Rebecca Pow
I am going to press on, because time is tight.
The instrument will amend primary legislation to remove references to EU obligations. The changes have no operational impact, but simply remove redundant and inoperable references to EU obligations. The devolved Administrations have provided their consent for the changes to be made for the whole UK—I think that answers the question that the hon. Member for Strangford (Jim Shannon) was going to ask.
Rebecca Pow
Regulation 2 of the instrument applies to Great Britain, regulation 3 applies to Northern Ireland, and regulations 4 and 5 apply to England, Wales and Northern Ireland.
The instrument’s purpose is to ensure that an operable legal framework is in place on EU exit day and to facilitate the flow of goods while preserving the current plant health regime’s overall aim of preventing and managing pest and disease threats. For those reasons, I commend the regulations to the House.
Mr Deputy Speaker (Sir Lindsay Hoyle)
I welcome the shadow Minister, the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), to his position.
Rebecca Pow
I thank all Members who have contributed to the debate. There were a great many more interventions than one might have expected, and I am heartened to hear that so many people are interested in plants and our biosecurity, which is extremely important to all of us in so many ways. I particularly want to thank the shadow Minister, the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), for kindly welcoming me to my place—we are going to be a south-west stronghold. I am delighted that he is supporting the regulations. I also thank the Chairman of the Environment, Food and Rural Affairs Committee, my hon. Friend the Member for Tiverton and Honiton (Neil Parish), for his kind words, and the hon. Member for Falkirk (John Mc Nally), with whom I had many enjoyable times on the Environmental Audit Committee. Working together on these things is important.
In order to prepare for the UK leaving the EU, it is essential that we have the right legislation in place to continue to protect plant biosecurity, while facilitating the trade and movement of plants and plant material around the world. We have a great many plants coming into the UK, but equally we export a great many plants. That must continue, but it must be safe, and we must be sure that any diseases or pests are under a tight microscope.
I take slight issue with the shadow Minister, because I do not believe that this statutory instrument has been rushed. Importantly, as I mentioned—I am sure he was listening—these regulations update legislation to include the particular biodiversity threats posed by the rosette virus and the oak processionary moth. Those threats have come to light since 31 March, and it was essential that we included them in the regulations. That demonstrates that we are on the ball and will not let things pass under the radar. I hope that the shadow Minister agrees.
A number of points were raised, and I will whizz through a few of them. The hon. Member for Strangford (Jim Shannon) asked what we are doing about alien species. As I said, we work with evidence to develop a risk-based and proportionate approach to plant health measures. We have in the past introduced precautionary national measures to protect the UK against threats that we see arising elsewhere in the EU and beyond. A good example is the stronger national legislation we put in place against Xylella fastidiosa in response to the situation elsewhere in the EU. We are now introducing national legislation to protect against the oak processionary moth and a potato pest called Epitrix.
The hon. Member for Clwyd South (Susan Elan Jones) raised a question about material in transit from third countries. Regulated material will transit in sealed conditions through the EU with a phytosanitary certificate. Material entering England via the roll-on roll-off ports will need to transit to a point of first arrival in England, where plant health inspectors will carry out plant health checks. A very definite system is set in place, and people exporting and importing plant material have all had notification of this, so it is quite clear what is going to happen. Such material must be pre-notified to the APHA, which will inspect it before releasing it, and direct third-country imports, sea and air freight will be checked at the border, as currently.
Luke Pollard
Briefly on that point, in an SI Committee in which we talked about checking air freight, a Minister mentioned containerisation, but did not mention any containers coming via a rail link. Given what the Minister has said today, can she say whether that includes any freight that comes via rail?
Rebecca Pow
Well spotted. I am glad that the shadow Minister is on his toes. Yes, that will also include rail freight. I am glad we have cleared that one up.
Early warning systems for new threats were raised in the debate. As I think I suggested, pest, plant and disease experts in DEFRA, the APHA, the Forestry Commission and the devolved Administrations all work together already, providing an exceptional capability to protect plant biodiversity in the UK. All those bodies will continue to function and collaborate as we leave the EU.
Global warning threats were mentioned. Again, specialists will continue to work with pest and disease specialists in UK universities to inform our understanding of the risks. That is really important, and it is absolutely on the radar—for example, there is modelling of trade pathways for pests to arrive in the UK and the potential spread of outbreaks. Specialists will continue to collaborate with industry and stakeholder groups, and to develop citizen science capabilities and systems so that the public can help identify and report pest risks. Such citizen engagement is actually very useful in these areas.
I will move on to some of the points raised by the shadow Minister. He raised the issue of potential errors, given the number of changes being made and the errors being corrected. Our intention to retain relevant EU legislation has inevitably meant that it was not possible to include everything in earlier SIs, as EU legislation is updated frequently, especially in this kind of area. The purpose of this instrument is to introduce certain provisions that could not be included in earlier EU exit SIs, principally because they concern recent changes in plant health legislation. These changes are necessary to ensure that all deficiencies have been fully addressed. I hope he is happy with that answer.
The shadow Minister also asked whether we can be confident about the accuracy of other EU exit SIs. As I am sure he knows, such instruments go through the normal checking processes for draft SIs, including second and third pairs of eyes, and checks with DEFRA and other Government lawyers. They are also scrutinised by the Joint Committee on Statutory Instruments. The principal focus of this instrument concerns operability, and the need to make technical changes and introduce certain provisions developed and agreed subsequent to earlier SIs.
The shadow Minister asked what consultation or impact assessment has been carried out, with whom and when. No separate formal consultation with stakeholders or impact assessment was undertaken because this instrument, as I have mentioned, makes many technical amendments, the purpose of which is to preserve biosecurity protections and assurances when the UK leaves the EU. It is not intended to change substantive policy.
The database for sharing information on biosecurity threats was mentioned. There is some precedent for third-country access to EU notification systems, and we will seek to negotiate such access with the EU. However, DEFRA has developed fallback positions for the eventuality of our losing access to EU notification systems. We are developing our own database to capture details of interceptions and incursions from day one to inform our decision making. All EU systems have publicly available elements that the UK will continue to access after exit. Our dedicated UK-wide risk and horizon-scanning team will continue to gather intelligence on plant health risks, including from other organisations, agencies and networks, and by increasing bilateral relationships with key trading partners and our nearest neighbours. Functionality has been added to the UK-owned plant portal to replace some EU notification systems. It is something that we take incredibly seriously, so under no circumstances would the Government let any of that slip, because it is crucial for all of us.
I shall touch quickly on a couple of points made by the Scottish National party spokesman. On the right for Scotland to make its own arrangements, plant health unfortunately is devolved, and Scottish Ministers have made the decision that they will deal with technical deficiencies relating to plant health legislation in Scotland, which will arise when the UK leaves the EU, by introducing their own EU exit SIs in Scotland. We are working closely with the Scottish Government, as ever, and the other devolved Administrations on a UK framework for plant health, including governance to minimise the risk of divergence, while respecting the devolved settlement, as the hon. Member for Falkirk will know. We will always work together closely.
The hon. Gentleman asked about protecting against future threats in the plant health regime. Policies in our EU plant health EU exit instruments are risk-based and proportionate, and will apply temporarily from day one until we develop our future plant regime. That will include consideration of the new plant health and official control regulation that will apply in EU member states from December 2019. In future, the Department will seek to take advantage of available technologies to facilitate as frictionless trade as possible while continuing our risk-based and proportionate approach to maintaining high standards of biosecurity. Again, DEFRA and the Food Standards Agency are working together closely to develop proposals on that.
I hope that hon. Members fully understand the need for the regulations, which has been made quite clear today. As I have outlined, they correct technical deficiencies and ensure that existing regimes for safeguarding UK biosecurity will continue to operate effectively from day one after exit. They ensure that newly regulated pests, plants and other material continue to be regulated after exit and provide for an internal market in plant material. I thank everyone for their input, and I very much look forward to collecting my tree. It is protecting such trees that the SI is all about.
Question put and agreed to.
Oral Answers to Questions
Rebecca Pow Excerpts(4 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Goodwill
May I correct the hon. Gentleman? He says EU workers will not be able to come here; under whichever scenario we leave the EU, that will not be the case. Those who are already here will be able to stay. During the implementation period, people will be able to live, work and study as now, and there is a registration scheme. In a no-deal scenario, European economic area citizens will be able to live and work here without a visa for three months and then continue to stay by applying for European temporary leave to remain, which gives them 36 additional months.
Rebecca Pow (Taunton Deane) (Con)
The Minister for Agriculture, Fisheries and Food (Mr Robert Goodwill)
The Agriculture Bill lays the foundations for farming policy in England as we leave the EU. This new policy will be a system that pays public money for public goods, rewarding farmers for delivering environmental and animal welfare benefits. The protection of our countryside will allow us to leave the environment in a better state than when we found it while we support farmers to produce high-quality food in a sustainable way.
Rebecca Pow
I thank the Minister for that answer, but within that does he see soil health as a public good on its own terms or merely as a proxy or gateway for other benefits such as biodiversity, flood management—so important on the Somerset levels—and food productivity?