Draft Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019

Thérèse Coffey Excerpts

Tuesday 29th January 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I beg to move,

That the Committee has considered the draft Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019.

It is a pleasure to serve under your chairmanship, Mr Evans. As the Committee will be aware, we are bringing forward legislation reflecting the fact that, in 2016, the population of the United Kingdom voted to leave the European Union, to which Parliament subsequently agreed by passing the European Union (Withdrawal) Act 2018. Through the Act, we have the mechanism to ensure the transfer into UK law of legislation that is not already in place in UK law, so that the law will operate in the same way on the day after we leave the European Union as on the day before we leave the European Union.

The draft instrument will ensure that legislation preventing and managing the introduction and spread of invasive non-native species will continue to function when the UK has left the European Union. The cost of threats from invasive species has been estimated at £1.8 billion per annum and, since 2008, a Great Britain-wide strategy has been in place to deliver action to address the threats posed by such species. The draft instrument is being introduced under the correcting powers in section 8 of the 2018 Act. Principally, it makes amendments to the directly applicable EU regulation on invasive non-native species to address technical operability issues as a consequence of EU exit.

The devolved Administrations were closely engaged in developing the statutory instrument. As set out in part 1, it applies to England, Wales and Northern Ireland. It also extends to Scotland in respect of imports and exports, and to the offshore marine area. Domestic implementation of policy on non-native invasive species is a devolved matter. The Scottish Government have chosen to make the rest of the regulation operable in Scotland by means of their own secondary legislation, as is their right.

The draft instrument maintains existing safeguards. It does not create new policy or change current policy, and does not therefore put any new or greater administrative or economic burdens on businesses or other stakeholders. Although there was no statutory requirement to consult publicly on the instrument, officials have held discussions with key stakeholders from different sectors in its development. Stakeholders had the opportunity to view the draft instrument before it was laid before Parliament and did not raise any concerns. In fact, the first time we were made aware of any concerns was by the Royal Society for the Prevention of Cruelty to Animals last Thursday, and I am happy to answer questions on that. In essence, a lot of the issues the RSPCA raised will be addressed by the enforcement regulations—another statutory instrument will be introduced once this SI has been passed—which also refer to elements of policy on management plans, muntjac deer, raccoon dogs and similar issues. The constraint in the 2018 Act’s mechanism for introducing SIs is that this is not about changing policy, but about making the law operable, and it would not therefore be appropriate to make those changes at this point or in this SI.

Part 2 the draft instrument makes a small amendment to section 11 of the Destructive Imported Animals Act 1932, which, I should point out, does not apply to Northern Ireland and never has. The amendment ensures that we treat EU member states in the same way as other countries with regard to the restrictions on imports of species to which the 1932 Act applies.

Part 3 sets out the rest of the amendments made by the draft instrument, some of which are purely textual, such as removing references in the EU legislation to the UK as an EU member state. Others make devolved Ministers responsible for a range of measures necessary to operate the existing system, such as the obligation to establish and implement action plans to address the pathways of introduction and spread of these species.

The existing EU list of species, which is fundamental to preventing and managing the spread and introduction of invasive species, will continue to apply across all parts of the UK on exit day. In England, Wales and Northern Ireland, and in Scotland for imports and exports, the EU list will become the list of species of special concern. We will retain the requirement to review this list at least every six years. Any change to the list will be informed by robust scientific advice provided by the UK replacement for the Commission’s scientific forum, and the underpinning risk analysis will be based on the criteria and principles set out in the EU regulation. A decision to amend the list can be made only by the Secretary of State with the consent of the Ministers in the other parts of the United Kingdom.

The instrument retains the obligation for Ministers to be supported by a committee and advised by a scientific forum. We propose that the Programme Board on Non-native Species, drawing on existing and extensive knowledge and experience, take on the role of the EU Committee, and the Non-native Risk Analysis Panel, which is often referred to as NNRAP, will take on the role of the EU’s scientific forum. These GB bodies will be extended to include Northern Ireland. The programme board delivers strategic consideration of the threat of invasive non-native species and is made up of senior representatives from across the Great Britain Administrations and their agencies.

The UK has significant expertise in invasive non-native species, including in the area of risk analysis, where we are among the leaders within Europe. NNRAP is a core group of risk analysis experts, chaired by Professor John Mumford of Imperial College London, who provide advice on risks associated with non-native species and pathways of introduction. We will continue to draw on the expertise of these highly respected scientists from the UK and overseas.

Invasive non-native species are no respecters of boundaries or borders, and the United Kingdom is committed to ongoing co-operation with the EU, its member states and other countries after exit. This instrument retains the obligation under the EU regulation for Ministers to make every effort to ensure close co-ordination with other countries, including, where appropriate, under regional and international agreements. There are strong references to that in the convention on biological diversity and the Bern convention, which we are already full members of.

With regard to ensuring transparency and accountability of environmental performance, the instrument will still require Ministers, in line with the current regulation, to report by June 2019, and every six years thereafter, on the implementation of the regulation, as well as to retain the duty to review and report by June 2021 on how the regulation has operated. More broadly, the Government published draft clauses on environmental principles just before Christmas to provide for independent scrutiny of the UK Government on the implementation of environmental law, and those are currently undergoing pre-legislative scrutiny via the Environmental Audit Committee and the Environment, Food and Rural Affairs Committee.

The Government were strongly supportive of the strict measures in the EU invasives regulation when it came into force in 2015. These measures remain essential to tackle the significant threats that these species pose to our native plants and animals, and this instrument will ensure operability so that the strict protections that are in place for these species are maintained when we leave the European Union.

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[Dr Coffey]

It is a pleasure to respond to the questions that have been raised. In answer to the hon. Member for Rotherham, the independent bodies are already in place, and they will continue to be in place. On access to notification and intelligence sharing, the system enables critical information to be shared quickly between member states and the Commission. We have developed contingency plans to mitigate the impact of losing access to the system; I will not say at this point that an agreement has been made that we can continue to access it, but I assure her that there is an obligation for Ministers to co-operate with one another. I expect that obligation to be upheld, especially with reference to treaties of which we are full members, such as the Bern convention and the convention on biological diversity.

I remind the Committee that it is not just from the European Union that diseases can enter. As someone who represents a port constituency, I know the level of detail that authorities go into when checking that things like pallets do not have the bugs and beetles that can sometimes invade unduly. A lot of work also goes on, under a risk-based approach, to inspect the importation of trees and so on, for similar reasons. There is no reason for any of that to change, and the advice from the independent bodies will still be there.

The sustainable development goals are not strictly treaties, although they have been agreed worldwide. They tend to be quite broad, but of course the United Kingdom Government have signed up to them, and we will continue to work on the outcomes that we have signed up to.

To reply briefly to the right hon. Member for Exeter, the point of the draft regulations is set out in the European Union (Withdrawal) Act; they are not about the status of EU nationals or other issues to which he referred. He asked whether the regulations are fit for purpose—yes, they are. I have confidence in the legal advice that was given to my noble Friend Lord Gardiner, who is the Minister responsible for this portfolio and who has signed a transparency statement to the effect that the regulations are to make the system operable and no more than that—they do not seek to get into other issues.

The hon. Member for Stroud raised several points about what more we could do on biosecurity policy. The point is that we are active in this space. I think it was last year that the Secretary of State wrote to the Commission to ask it to take greater action against the spread of Xylella fastidiosa. While ash dieback affects one species, at least 50 species would be affected by Xylella fastidiosa, so we were very keen for the Commission to step up its actions. There are a number of ways in which we are already active; that relationship will continue, although I accept that we will not be part of the European Union.

I have not read the article by my former right hon. Friend Ben Gummer, so I am not sure what he was referring to. I appreciate that he may have some doubt about the primary legislation that may be needed, but I have every confidence that the statutory instruments drafted by the Department for Environment, Food and Rural Affairs and by the devolved Administrations will mean that we will be ready for exit day as decreed.

I cannot remember how many SIs we have got through so far; this is my third affirmative SI, but a number of negative SIs have already been through the sifting Committee. There is another way in which the drafting of such statutory instruments is checked: the peers and hon. Members on the Joint Committee on Statutory Instruments, and the lawyers who advise it, scrutinise them to ensure that the drafting procedure is suitable. That Committee noted that the draft regulations have not been referred to the House; it is happy with them as drafted, in legal terms.

[Sarah Champion]

I hear what the Minister says. We do not doubt the skill of those who advise the Department, but a Treasury Minister confirmed to me before Christmas that 800 pieces of secondary legislation would need to be passed by 29 March in the event of no deal. The draft regulations are not particularly contentious, but we have been here for 35 minutes. Does the Minister genuinely believe that we can get through the outstanding pieces of legislation in two months? There are probably 700.

[Dr Coffey]

Within DEFRA, we have taken an approach of bringing several SIs into one, for instance when amending references to EU law and EU obligations so that they refer to retained EU law and retained EU obligations. For example, a statutory instrument that we debated yesterday will change several primary Acts—four, I think—and make three cross-cutting environmental amendments. We are grouping operability changes that commonly require several SIs within one SI. Those instruments often relate to one directive. The draft instrument covers one directive in its own right, which is why we are only discussing invasive species.

I appreciate the hon. Member for Stroud’s concerns about the draft instrument. As I say, it has been through the JCSI. It was laid in the first week of December, and prior to that, DEFRA opened it up to a group of stakeholders to look at, so that they could talk it through with our officials and raise any questions. So far, that has only happened to one other SI, to which he referred: the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019.

Unfortunately, before that draft instrument made its way through the JCSI process, and in response to feedback from the Royal Society for the Protection of Birds, the Secretary of State took the decision to change it. I thought my noble Friend Lord Gardiner answered questions on that rather well. The draft instrument was again laid before Parliament last night and will come back before the House in due course. I do not have a date for its return. That shows how, via stakeholders coming to the Government with suggested changes, we have been able to effectively consider the draft instrument before reaching the Committee.

On the hon. Gentleman’s wider points, I fully understand the biosecurity threats.

[Dr Drew]

Does that affect the draft Invasive Non-native Species (Enforcement and Permitting) Regulations, which were subject to consultation? Will that instrument be crucial for—dare I say it—the grey squirrel and the muntjac? It is entirely in line with this draft instrument, is it not, so when will it come forward?

[Dr Coffey]

As I just tried to explain, by going through this process with stakeholders we have changed that draft SI, which is why it was withdrawn and again laid last night.

The Government have not received any comments on this draft instrument, apart from what the RSPCA said about muntjacs and raccoon dogs. As I have tried to outline, the draft instrument is about operability, not changing policy. The draft enforcement regulations will be presented to the House, and I am happy to arrange for the hon. Gentleman to have a specific briefing on that. To reiterate, this is not about changing policy.

The hon. Gentleman was also concerned that the four nations could not get together. That is the element of devolution. There are quite a large number of our SIs over which the four nations have agreed to come together in different ways, but there are also those that the Governments have decided to approach through their own legislative vehicles. That is perfectly acceptable and respects the devolution process.

However, I assure the hon. Gentleman that we have had a Great Britain strategy since 2008, and we will continue to use that body to support all the Administrations as we work closely together on invasives. I particularly stress that the external borders of the United Kingdom are still a responsibility of the UK Government. However, the Scottish Government have decided to pursue domestic regulation through their own front.

On the impact assessment, the draft regulations will have no impact on external bodies, such as businesses, charities and voluntary bodies. A small cost is estimated for public sector bodies taking on the Commission’s functions, but those are limited and below the £5 million threshold, which, as the hon. Gentleman knows, is the level for publishing an impact assessment.

On the link between this statutory instrument and the invasive alien species order, this instrument will make the regulations controlling the spread and management of invasive alien species operable after we have left the EU. It will apply strict reservations on a list, to which I have already referred, so that such species cannot be imported, kept, bred, transported, sold, used or exchanged, allowed to reproduce or be grown, cultivated or released into the environment.

That list includes grey squirrels, although the debate is not about grey squirrels. The EU regulation has been in place since 2015. What has happened very recently is that Natural England has said it will not be issuing any licences for the release of grey squirrels. That may be a suitable debate for Westminster Hall, rather than here, but I point out that we know that grey squirrels threaten the existence of red squirrels, which are our native species. We need to stick up for the red squirrel.

The legal advice I have received is that we do not need to carry over the preambles. Section 6(3) of the European Union (Withdrawal) Act is specific, and shows that the interpretation of the regulation that happens today—which is what the preamble is about—will be the same as that used post-exit. Any changes in policy in the future will have to be decided by Parliament through changes to regulations.

I assure the hon. Member for Stroud that the cross-cutting principles are effective in UK law already—he will be aware of the proposals in the draft Environment (Principles and Governance) Bill. In terms of oversight, the bodies to which he referred will continue. Will the office for environmental protection oversee this area? As it stands, the bodies are there to provide advice, which is taken. The basic function of the OEP, which the Government have set out, is effectively to replace the Commission in respect of whether we are applying environmental law as we should. It provides an alternative way to do that, but of course Parliament is also there to scrutinise and hold the Government to account.

The hon. Member for Stroud asked why this statutory instrument does not change policy. That is not what we are allowed to do through these SIs—that is for another day. On the databases, I have referred already to the fact that we cannot say today that we will have access to this database. That will be the subject of ongoing negotiation and discussion. However, there is an obligation to co-operate. I am aware that this is a cut and paste, which the hon. Gentleman referred to. That is the point; it is what this SI is supposed to be.

[Dr Drew]

Are we negotiating over the TRACES database? Will we pay money to have access to that, or are we going to have our own database? That idea makes me feel cold, given that we are not necessarily that good at developing these databases, as even the Minister would accept. These things need to be understood. If we are shut out of that database, where will we get our information about invasive species from?

[Dr Coffey]

I have to say to the Committee that this is not my portfolio, so I have not been involved in the day-to-day negotiation about the IT elements. I want to point out that we have developed contingency plans to mitigate the impacts of losing access to the system. There is still the potential to make those changes as we move forward. If my noble Friend Lord Gardiner would like to say something that is different or to enhance what I have said, I will of course write to the hon. Gentleman.

In conclusion, this is a cut and paste from the existing EU regulation to ensure that when we leave the European Union the functions continue to have legal effect. I assure the Committee that the Government take the issue of biosecurity extremely seriously. We are very conscious of the concerns about African swine fever. We recently took action very deliberately against species that were being reintroduced on licence in the Forest of Dean, killing beavers, because they had a disease that was brought into this country. Unfortunately, they were imported from Germany, against the voluntary code of practice, which meant they should have come only from Norway or other parts of the United Kingdom. We will take action, even when it is unpopular, to make sure that we preserve the biosecurity of nature and animals in this country. I hope that the Committee will support the motion.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019.

Draft Floods and Water (Amendment etc.) (EU Exit) Regulations 2019

Thérèse Coffey Excerpts

Monday 28th January 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I beg to move,

That the Committee has considered the draft Floods and Water (Amendment etc.) (EU Exit) Regulations 2019.

It is a pleasure to serve under your chairmanship, Sir Christopher. This is the second of the affirmative statutory instruments on the environment to be considered as the UK leaves the European Union, as provided for by the result of the 2016 referendum and as subsequently agreed by Parliament. In line with the European Union (Withdrawal) Act 2018, the regulations simply make technical, legal amendments to maintain the effectiveness and continuity of UK legislation that would otherwise be left partially inoperable, so that following our exit from the EU, the law will continue to function as it does today. As the Committee will see, this statutory instrument and others are quite lengthy and make many adjustments. However, I can assure the Committee that those adjustments represent no changes of policy; nor will they have any impact on businesses or the public. We have also worked with the devolved Administrations on this instrument, and where it relates to devolved matters, they have given consent.

Part 2 of the SI makes operability amendments to four Acts. Those amendments mainly replace the words “EU obligations” with “retained EU obligations” to reflect the fact that such obligations will be retained in domestic law after EU exit. Regulation 4 also addresses the use of the term “environmental objectives”, which is defined in the water framework directive. The amendments define that term by reference to our domestic legislation that implemented the water framework directive, rather than the EU directive itself.

Regulation 2, regarding the Water Act 1989, applies to England and Wales only. It changes “an EU obligation” to “a retained EU obligation”; similar changes to the Water Industry Act 1991 and the Water Act 2014 are set out in regulations 3 and 5 respectively. In regulation 4, similar changes are made to the Water Resources Act 1991, and under the definition of “environmental objectives”, to which I referred, we specifically mention the two river basin districts that cross the border between England and Scotland. That issue is tackled in further detail in part 3 of the SI, in regulations 10 and 11.

Part 3 amends technical deficiencies in several pieces of secondary legislation, and I will highlight the key types of amendments. Regulation 6 amends the Sludge (Use in Agriculture) Regulations 1989, which apply to England and Wales only. It places an obligation on the Secretary of State and Welsh Ministers to report every three years on the implementation of regulations, which reflects current reporting to the European Commission.

Regulation 7 amends the Urban Waste Water Treatment (England and Wales) Regulations 1994, which apply to England and Wales only. It changes references to EU law to references to “retained EU law”, and includes a requirement for relevant environmental reports to be published by the Secretary of State and the Welsh Ministers.

Regulation 8 deals with water fittings regulations, which extend and apply to England and Wales. That amendment removes automatic approval for plumbing systems and water fittings with EU or European economic area markings, but ensures that those products can still be approved if they meet the equivalent UK standard.

Regulation 9 amends the Drinking Water (Undertakings) (England and Wales) Regulations 2000, which extend to England and Wales. It changes the word “implement” to “implemented”, to reflect the fact that there will be no future requirements to transpose EU directives after exit.

I have already referred to regulations 10 and 11 regarding the cross-border river basin districts. Given that article 10 of the water framework directive refers to other directives that are already transposed into domestic law, there is no need to use article 10, as it has no impact on ongoing regulation. Our lawyers have devised this way of making sure that we do not have even longer, and even more, SIs than are necessary for regulation. If we did not omit article 10, the ongoing chain of cross-references in regulations would mean we had to make considerably more changes, and make other SIs even longer.

The Water Industry (Special Administration) Rules 2009 are amended by regulation 12. Rule 123(2) is omitted, as it refers to the EU regulation on the service of judicial documents between member states, which will no longer apply. The special administration regime is an insolvency regime specifically created for water and sewerage companies. It is a reserved matter, but the regime only applies to England and Wales, as Scotland and Northern Ireland have different water industry structures.

The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010 apply to England only. They are amended by regulation 13 to allow products such as silos and slurry tanks that are of equivalent standards to the British standards to be installed, wherever they are manufactured.

Regulation 14 amends the Incidental Flooding and Coastal Erosion (England) Order 2011, which applies to England only. It changes the definition of “environmental objectives”, so that it relates to the domestic UK legislation that implemented the water framework directive, rather than to the directive itself.

Regulation 15 amends the Bathing Water Regulations 2013, which extend to England and Wales. The amendments correct cross-references to the bathing water directive that would be deficient on exit. A requirement is also included for the Secretary of State and Welsh Ministers to publish a report each year containing information about the bathing water season.

Similar amendments to deal with cross-references to EU legislation are made to the Nitrate Pollution Prevention Regulations 2015 by regulation 16. These regulations apply to England only. An obligation is also placed on the Secretary of State to publish reports on the implementation of these regulations.

Regulation 17 amends the Flood Reinsurance (Scheme Funding and Administration) Regulations 2015. This is a reserved area, so the regulations cover all the United Kingdom. A minor technical amendment is made to the reference to the scheme administrator’s obligation arising from directly applicable EU legislation. This will instead read as the obligations arising from retained direct EU legislation.

Regulations 18 and 19 refer to water supply and private water supplies regulations, which apply to England only. The amendments fix cross-references that are deficient. An obligation is also placed on the Secretary of State to produce and publish reports on drinking water quality.

Regulation 20 amends the England and Wales regulations that implement the EU water framework directive for operability. It replaces the term “EU instrument” with the term “retained EU law”. These amendments cover England and Wales, reflecting the fact that the two countries share a single set of regulations implementing the directive. The Welsh Government agreed to this approach. The Committee will recognise that the instrument makes operability corrections to regulations on the water framework directive, such as those governing the cross-border river basin districts between England and Scotland.

Just as with regulations 10 and 11, proposed new schedule 5 to the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 instrument makes a series of modifications to the water framework directive and two other connected directives, so that references to those directives continue to work properly after EU exit. This process includes modifying references to member states and to EU legislation, and omitting redundant articles, such as one referring to the European Commission resolving issues between member states.

The two sets of water abstraction regulations mentioned in regulations 21 and 22 extend and apply to England and Wales. The changes in regulation 21 reflect the changes made by the EU exit SI amending the Conservation of Habitats and Species Regulations 2017. Changes in regulation 22 fix cross-references to terminology used in the water framework directive to make it operable.

In part 4, there are technical amendments to several EU decisions. The amendments to and revocations of these decisions and other EU decisions extend and apply to all the UK; they have been drafted in liaison with the devolved Administrations, and with their consent.

Regulation 23 removes a provision about the entry into force date of the EU decision on symbols on bathing water signage. Regulation 24 removes a similar boilerplate provision in an EU decision on equivalence of microbiological standards. The substantive content of these decisions will be part of retained EU law on exit.

Regulation 25 amends the EU decision on the values of monitoring system classifications for water quality. This decision is amended so that references to obligations on member states in that decision are read as a reference to the appropriate Minister or regulator in the United Kingdom.

Regulation 26 concerns the EU decision on establishing a watch list of substances for monitoring in water. The watch list contains new substances that are of concern for water quality. Once several years’ data is collected on these substances, they may be placed on the priority substances list, and their presence in water would have to be tackled to meet water framework directive objectives. A United Kingdom watch list will be preserved; the instrument simply removes references to “Union-wide” monitoring.

Regulation 27 revokes three decisions. An EU decision establishing the list of priority substances to be monitored in water is revoked. These are substances considered most harmful to the water environment. The decision only inserted into the water framework directive a revised list of priority substances that has already been incorporated into domestic law through the implementing water framework directive regulations.

The EU decision to establish a list of monitoring sites to form a network for monitoring water quality will also be revoked. Most member states, including the United Kingdom, set up those sites some years ago, and the United Kingdom will no longer need to provide that list to the European Commission. The EU decision on formats for reporting to the European Commission under the urban waste water treatment directive will be revoked too, as the UK will no longer report to the Commission. All those proposed revocations were drafted in agreement with the four nations of the United Kingdom.

I emphasise to the Committee that the instrument addresses technical deficiencies in floods and water legislation to ensure that it continues to operate effectively when we leave the European Union. It does not introduce new policy, and preserves the current regime for protecting and improving the water environment.

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[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

It is a pleasure to respond to the points made by the hon. Member for Plymouth, Sutton and Devonport. I recognise that the hon. Gentleman wants to get into politics, and I am sure that the Labour Government in Cardiff will be disappointed to hear that the Westminster Labour Opposition have decided to vote against the SI to which the Welsh Government had consented and participated in drafting. I hope he will consider that carefully when he has the conversation with Lesley Griffiths to discuss their approach and why they do not believe the assurances given by the Welsh Labour Government.

I am conscious that a number of different words and terminology are used in the SI. I do not pretend to be a lawyer; I rely on my lawyers for that. I am pleased that we have got them here today to help answer many of the questions that the hon. Gentleman asked, but there are some procedural points for Parliament. First, the explanatory note states that

“no, or no significant, impact…is foreseen.”

I challenged my lawyers about it, but that is the wording that the Joint Committee on Statutory Instruments stipulates for such instruments. I wanted to remove the words “or no significant”, so that the wording would read “no impact”, but the procedures of both Houses did not allow me to take that approach. Further examples of wording decreed by the JCSI will continue to arise in every statutory instrument that we lay before Parliament.

The hon. Gentleman asked for clarity on some other legal elements, particularly with respect to the words “omitted” and “ignored”. The Government have adopted the drafting approach of using the word “omit” in reference to UK regulations that we are amending, but “ignore” in reference to EU directives that we are modifying. It would not surprise me if hon. Members wanted even more clarity, so I am happy to send a note to Committee members to set out the matter in more detail. The draft regulations use legislative wording in a technical format to ensure consistency; I will not pretend that every piece of legislative phrasing will necessarily be what we would use in general speech.

The hon. Gentleman spoke about stakeholders. I have to say that the document from Greener UK and Wildlife and Countryside Link was brought to my attention only today. Our reading room system, which is also available online, is open to a number of stakeholders, including stakeholders from Scotland, Wales and Northern Ireland, so that they can see our statutory instruments and comment on them. No stakeholder made any comment about the draft regulations, so the concerns raised today by the Opposition come as news to me, but I hope to address them.

The hon. Gentleman spoke in detail about how there will be no requirement to transpose future EU directives. He described that as a problem with the draft regulations, but the point is that we are leaving the European Union, so we will not be subject to future European directives as we have been before. It will be for this Parliament to decide what changes and enhancements to make to our environmental standards.

I assure the hon. Member for Bassetlaw that the draft regulations are not about trying to roll back or do different things; they are about ensuring that the law that we have today will still work on the day after we leave.

With respect to scientific expertise, updates and so on, it is fair to say that the United Kingdom has a strong record of contributing to EU-wide research. It is my understanding that the research used by the Commission is publicly available, so it will be open to us to use research shared across the European Union about any changes made, as well as research available domestically. I do not think that there will be an extra onus on advisers beyond what there is today. We work with other member states of the European Union when we are considering making changes to regulations, and I expect that that will still be the case.

The Greener UK briefing—which, as I say, was not presented to the Government with any questions in advance of this Committee—refers to article 20 of the water framework directive, which permits certain technical annexes and articles to be adapted by the European Commission based on scientific and technical progress. The concern has been raised that such powers will somehow no longer be in place. The power will be transferred to the Secretary of State and to Ministers in the devolved Administrations in a future DEFRA cross-cutting statutory instrument that will be entitled Transfer of Functions (Environment Directives) (EU Exit) (Miscellaneous Amendments). That instrument will be made under the affirmative procedure, but we deem that the functions that it transfers—including the function in question—are not time-critical for day one. We would be aware today of any changes that the European Commission proposed to make through the European Parliament and the European Council. No such change has been proposed at this stage; therefore, that function does not need to be ready for day one. We believe that laying the SI before Parliament in April will give us the powers and functions necessary for the future.

The hon. Member for Plymouth, Sutton and Devonport referred to WTO rules. I assure the Committee that this is about WTO rules that say, “You cannot treat one country differently from another.” The SI is about making that change. As it stands, standards in the United Kingdom are the same as in the rest of the European Union. We are bringing over those standards, and it will be for the United Kingdom to decide what standards are appropriate in the future. I remind the Committee that there are a number of differences, albeit not in this case, between us and most of the European Union, such as the way we treat electricity and our plug system. That does not mean that we will make big changes going forward, or would make them for the WTO.

I am not sure that the hon. Gentleman is right about insufficient care in drafting. I believe that we have covered the points that he made on the intercalibration network. The reality is that that work has already been done. It will not be done again; we do not see the need. As I said, the Scottish Government, the Welsh Government and directors on behalf of the Northern Ireland Administration agreed to revoke that decision, as well as to make some other changes.

On different levels of reporting—on whether reporting should be every three years, five years or two years—the point is that we are not changing what we have to do today. If we decide in the future that we want to change the reporting cycles, we can, but we will not do it through this legislation. We will bring over what we have to today, and that will become the requirement from day one.

I do not think that there is a need to introduce a review clause, or a sunset clause for review of any of the regulations. That would add unnecessary uncertainty—and, by the way, I would then be in contravention of what statutory instruments are allowed to do under the European Union (Withdrawal) Act, which allows me to make regulations only so that the system is operable, not to introduce new conditions. We are not trying to change stuff for the future; we are actually trying to keep it the same.

On the governance gap, the hon. Gentleman will be conscious of the draft clauses that the Government have tabled. So far, only in England is a proposal in place for a similar body to the European Commission in terms of scrutiny and powers. Other Governments will have to make their own decisions. Although Northern Ireland is interested in consulting on having an office for environmental protection, alongside that for England, we have not been advised by either the Welsh or the Scottish Government that they would like to do the same as us.

The hon. Gentleman asked why the amendment to annex IV of the water framework directive omits the words “Community, local and national” from the annex. The annex states:

“The summary of the register required as part of the river basin management plan shall include maps indicating the location of each protected area and a description of the Community, national or local legislation under which they have been designated.”

Such a description is required because that information would be pertinent to the European Union; it is not necessary in our domestic legislation.

I understand what the hon. Gentleman said about derogations. It is important to state that the Commission does not decide about a derogation; my understanding is that it will give advice. The Secretary of State will take over any function that the Commission has in relation to derogations; as now, they will continue to make decisions on derogations by considering the evidence against specific criteria. Those criteria are being brought into domestic law through the SI, both for drinking water and for nitrates. The basis for decisions will remain the same.

On drinking water, the United Kingdom has used derogations in the past. In England, the last one to be granted was in 2006 for a period of one year. I believe that it is fair to say that the UK has extremely high-quality drinking water, and we can meet all the standards in the drinking water directive. For that reason, we do not intend to use, or envisage using, the derogative provision in the future. With regard to nitrates derogations, the Secretary of State is required to publish on a regular cycle an explanation of why they have been allowed. For drinking water, the water supplier must publish the information; that will continue.

In my opening comments I went into some detail about why we have made changes to article 10. I explained to the Committee that the directives linked to article 10 have already been brought into UK law. I also explained to the Committee that if we do not do it this way, we will have even longer SIs, and more of them, to deal with those cross-cutting references. We believe that it is straightforward—I appreciate that not everybody is an environment lawyer—to make these changes. Greener UK did not raise this point with the Government before it published its concerns just a couple of days ago. I am very happy to take those away and explain to it why what we have done absolutely keeps our current obligations in our transposed law.

[Luke Pollard]

The example the Minister has just given sums up perfectly the concern that environmental stakeholders have about the volume of SIs coming out. Perhaps the Minister could reassure stakeholders that there will be additional scrutiny of future SIs, in order to give them, the Opposition and parliamentarians the chance to review properly what is being proposed.

[Dr Coffey]

As I say, the reading room—the pre-legislative procedure—is deliberately open to stakeholders. I shall take away the hon. Gentleman’s request for pre-access for Members of Parliament; I am not aware of that being the normal procedure, but I am very happy to check that. In essence, stakeholders did not share any of these concerns with the Government, even though they saw the regulations a week before they were laid before Parliament, which is why those concerns came as a surprise.

It is important to state that the reports that we will publish will be exactly what is provided for in current legislation. On formatting, we must recognise that the Commission puts forward proposals for 28 EU member states; we will be reporting on something that is fit for the United Kingdom. As for other nations in the UK, my expectation is that when we try to agree common frameworks, which we are starting to do, we will have regard to each other in how we go about reporting on different elements. At the moment, no change is required; the regulations just stop us from having to change our reporting in future if the European Commission decides to do something for the EU27, should we not think it necessary to change our reporting format. This will kind of ensure that we are not locked into certain aspects of the EU’s operational activities when we are no longer part of it.

I hope that I have answered a number of questions from the hon. Member for Plymouth, Sutton and Devonport. I am conscious that the legal wording can get rather technical, but I believe that the regulations do exactly what they say on the tin: they bring over the regulations that are required to ensure that the day after exit, things operate just as they did the day before—no more and no less. Otherwise I would have been breaking the Ministerial Code when I signed the transparency statement. There is no change in policy; the regulations are simply technical. I therefore encourage the hon. Gentleman to reconsider voting against the regulations. I point out that the Labour-run Welsh Government and the Scottish Government, run by the Scottish National party, have both endorsed this SI.

Question put.

Draft Environment (Amendment etc.) (EU Exit) Regulations 2019

Thérèse Coffey Excerpts

Monday 28th January 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I beg to move,

That the Committee has considered the draft Environment (Amendment etc.) (EU Exit) Regulations 2019.

Mr Hosie, it is a pleasure to serve under your chairmanship. This is the first of the affirmative statutory instruments concerning the environment to be considered before the UK leaves the European Union, following the result of the 2016 referendum and Parliament’s subsequent agreement.

In line with the European Union (Withdrawal) Act 2018, the draft regulations simply make technical, legal amendments to maintain the effectiveness and continuity of UK legislation that would otherwise be left partially inoperable, so that the law continues to function as it does today following our exit from the EU. The draft regulations will also prevent the automatic incorporation of EU legislation into our national law where that would be inappropriate. This SI, like others, is quite lengthy and makes many adjustments, but I assure the Committee that it represents no changes to policy and will have no impact on businesses or the public, although I draw Members’ attention to two voluntary EU schemes on eco-labelling and environmental management.

The draft regulations do four main things. Part 2 amends three cross-cutting environmental Acts. Part 3 amends three cross-cutting environmental statutory instruments. Part 4 refers to appropriate savings. That is a legal term, which is nothing to do with finances or budgets but in essence allows us to retain existing directions and regulations made under the Environment Act 1995. Part 5 prevents some EU environmental regulations and decisions that are either out of date or will have no further function once we have left the EU from being brought into UK law automatically by the operation of the withdrawal Act.

The Acts dealt with in part 2 make reference to our obligations as an EU member state and to EU legislation. We need to change or remove those references because they will either no longer work legally or be inappropriate after our exit. Where we change such references, we often refer instead to “retained EU law” or “retained EU obligations”. Those terms are defined in the withdrawal Act.

Regulation 2 includes amendments to references in the Environmental Protection Act 1990 to obligations under EU law, replacing them with references to retained EU law and retained EU obligations. Regulation 3 adjusts powers in the Environment Act 1995 to make directions and regulations for the purpose of implementing EU law so that they refer instead to retained EU obligations, with appropriate savings detailed in part 4. There are also amendments to the power for appropriate agencies to impose charges in relation to retained EU law.

Part 4 saves existing directions made under the Environment Act 1995 so that they continue to apply notwithstanding the changes to the relevant powers set out in part 2. Those directions can, if necessary, be varied or revoked in the future. That will ensure, for example, that ministerial directions made for the purpose of implementing obligations of the UK under EU treaties, such as the recent air quality directions to local authorities in England, remain valid following our exit.

Returning to part 2, regulation 4 adjusts the power in the Pollution Prevention and Control Act 1999 to make regulations under section 2 of that Act by substituting references to retained EU obligations for existing references to the UK’s obligations under EU treaties, and by replacing the provisions that allow relevant directives to be designated from time to time with provisions specifying in the Act a closed list of directives in connection with which regulations may be made. Part 2 of the schedule to the draft regulations revokes domestic designation orders for England that are redundant in the light of those amendments to the 1999 Act.

The amendments in part 2 of the draft regulations have the same extent as the provisions they amend. For example, only some provisions of the Environmental Protection Act 1990 apply to Northern Ireland, and some apply to Northern Ireland only for specified purposes, whereas section 113(5) of that Act, which is amended by regulation 2(4), specifically concerns Scottish Ministers and extends to Scotland only. I do not pretend that this is straightforward, but I assure the Committee that our lawyers have been through this with a fine-toothed comb.

Part 3 of the draft regulations amends three cross-cutting environmental statutory instruments: the Contaminated Land (England) Regulations 2000, the Environmental Noise (England) Regulations 2006 and the Environmental Damage (Prevention and Remediation) (England) Regulations 2015. These instruments make similar references to EU law as are contained in those Acts and need amending for the same reason. They apply in England only. Devolved Administrations will address similar issues separately in devolved legislation. The draft regulations make no changes to either the policy or its impact on businesses and the public. The statutory instruments will continue to operate substantively as they do at present.

Directly applicable EU legislation is a type of EU legislation currently in force in the UK that applies without further legislation by our Parliaments, and includes EU regulations and decisions. These will automatically be brought into our national law by the withdrawal Act as part of retained EU law. However, in some cases that will not be appropriate. When we are no longer a member state, the UK will no longer be allowed to authorise participation in the EU’s eco-management and audit scheme—EMAS—and the eco-labelling scheme, with existing EMAS registrations and eco-labels granted by UK bodies no longer being valid. Business participation in both schemes is voluntary. Businesses holding existing EMAS registrations and eco-labels will still be legally able to sell their products to EU member states and can apply to join these schemes through other member states offering the service.

The EMAS regulation establishes an eco-management and audit scheme. As I said, business participation in the schemes is voluntary, and only 17 UK-registered organisations are involved in it, while a similar International Organisation for Standardisation scheme has more than 16,000 UK-registered participants. The eco-label regulation establishes another voluntary scheme under which producers, importers and retailers can choose to apply for an EU eco-label for their products.

To avoid any confusion for businesses wanting to join such schemes in the future, we deem it appropriate to stop these regulations and decisions being brought into UK law, as set out in part 1 of the schedule to the draft regulations. As I said, it will be open to companies to re-register through other member states that offer the service. However, we have also committed, through our resources and waste strategy, to consider a domestic eco-label scheme. Information notes on EMAS and eco-labels have been published and circulated, to inform businesses both of the decision not to immediately set up a new eco-label scheme in the UK and of the fact that organisations currently registered with the scheme can continue to be registered through EMAS Global or another EU27-competent body.

Further EU decisions referred to in the schedule include EU environmental action programmes, which are the overarching policy statements that set the EU’s objectives for the next several years. These EU decisions are either already out of date or will serve no ongoing purpose after we leave the EU. These changes apply to the whole of the UK and have been agreed between the Governments of the four nations. A series of other decisions mentioned in the schedule are on implementing decisions for the EMAS and eco-label schemes, which will be redundant after we leave the EU.

While the House continues to decide the next steps on the way the country leaves the EU, the amendments in the draft regulations are an essential element of ensuring that UK law continues to operate smoothly when we actually leave. They do not represent a change in policy, and the regulatory impact experienced by businesses and the public will not change as a result of their adoption.

--- Later in debate ---

[Dr Thérèse Coffey]

I thank the hon. Lady for setting out those points and also for acknowledging that we are doing what it says on the tin—not quite Ronseal-style, but she gets my drift.

I recognise the concerns that many hon. Members have about secondary legislation potentially being a back door for significant changes. I assure the hon. Lady that, through the transparency statements we sign, I have to make sure that I am in line with the ministerial code. The statement that I make to Parliament must be absolutely accurate. I give her the assurance that that is the case, and I hope that all my fellow Ministers in Government will do so. We have somebody here from the Whips Office, my hon. Friend the Member for Milton Keynes North—

[Iain Stewart (Milton Keynes South) (Con)]

South.

[Dr Coffey]

Sorry.

[Iain Stewart]

It is important.

[Dr Coffey]

My apology. It is important; my hon. Friend is right—and he can take back the message that the hon. Lady has shared with us today.

In terms of access to environmental justice, we absolutely honour the Aarhus convention and will continue to do so. We see that already in existing procedures with our own UK courts today. I hope that the hon. Lady will be assured by what we have laid out in our draft clauses, which are out for pre-legislative scrutiny, with regard to environmental governance in the future.

As for how the UK and devolved Governments will work together to ensure that we have a coherent approach to environmental standards, it is the case that we have worked together as a group of four nations. At times it has been challenging to get agreement to every part of an SI, and it is perhaps one reason why it takes a bit longer than people would like. We have also respected the parliamentary processes in the other nations, making sure that appropriate scrutiny can be undertaken, but it is our intention to work towards a common framework for a number of different regulations. Nevertheless, I make the point that we absolutely respect the devolved approach, and where other nations’ Governments want to do something different, then we will respect that. Having said that, my understanding and experience of Ministers from the other Governments is that there is a lot of common ground and that we wish that to continue in order to have an improved environment.

Question put and agreed to.

Water Industry

Thérèse Coffey Excerpts

Tuesday 22nd January 2019 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

It is a pleasure to serve under your chairmanship, Mr Gray. I congratulate the hon. Member for Harrow West (Gareth Thomas) on securing this debate through the Backbench Business Committee, and I thank Mr Deputy Speaker for selecting it.

The hon. Gentleman and many others raised a huge number of points, which I intend to address. However, I think I will have to edit my reply to add a few facts about dividend payments, leakage and other matters, because there seems to be a complete lack of understanding and an attempt to use averages everywhere. I appreciate that that may be beneficial at times, but we need to get into the granularity of these points as well.

Water is key to life, which is why it features so prominently in our 25-year environment plan. The long-term view for the industry is clear, including on matters of supply, leakage, demand, consumption, environment and the necessary investment in infrastructure. Those matters are well set out, and companies have to consider the 25-year environment plan when producing their own future plans.

The Government support a private water sector model, underpinned by strong, independent economic regulation. It has been 30 years since the privatisation of the water industry in England and Wales, but the industry has continued to evolve and has always been underpinned by regulation through Ofwat—particularly as the provision of water, unlike that of other utilities, was not opened up to the market for consumers. We have introduced competition for business customers, but all the evidence that I have seen as water Minister predicts that opening up the market causes bills to go up rather than down, at least initially. One of the reasons we support the model as it is—which is not to say that policy may not change in future—is to ensure that Ofwat continues to effectively challenge water companies. Back in 2009, Welsh Water was challenged by the regulator to reduce its bills, and indeed it did—it reduced its operating costs by 20% to make that happen.

Since privatisation, approximately £140 billion has been invested in infrastructure. That is equivalent to £5 billion per year—almost double the level prior to privatisation. Customer satisfaction levels have risen to about 90% and customers are now five times less likely to suffer interruptions to their supply, eight times less likely to suffer from sewer flooding, and 100 times less likely to experience low flow pressure than in the days when water was a nationalised industry. As my right hon. Friend the Member for Newbury (Richard Benyon) points out, they pay just over £1 a day on average for water to be delivered, treated and returned to the environment in a good state.

I recognise that bills increased significantly, especially in the first 10 years after privatisation. A lot of that was to gather the necessary investment. Average bills have remained flat over the past two decades, however, and are planned to fall by 4% in England by 2025. Some companies, such as Yorkshire Water, are keen to increase prices because they want to invest considerably more from an environmental angle, but that is a decision for Ofwat to agree or disagree to.

We are not complacent. I am very conscious that too much water still leaks out from our system. Significant investment is needed to improve the resilience of our water supply, and corporate and financial behaviours need reform. We have therefore challenged and will keep challenging the industry to continue to improve for customers and for the environment, as well as for shareholder returns.

People talk about dividends, but I am very conscious that the average dividend paid out has fallen: in 2008-09, under a Labour Government, I think it was £2.5 billion, whereas in the past year it was less than £1 billion. We are often accused of being ideological, but—dare I say it—when Labour was in charge, returns to shareholders were a lot more. We have taken action against that.

The hon. Member for Harrow West focused in particular on changing the ownership model of water companies. Although he did not seek to suggest that we nationalise the water industry, he is clearly a supporter of social enterprise and mutual organisations. I am very conscious of the experience he has had with Thames Water, particularly on dividends paid out and with the former owners. The owners have changed and I believe there has been a significant step change in approach, which is most welcome.

A lot has been said about what is happening in Wales. Following the original privatisation, the company covering Wales, which was called Hyder, had expanded into other sectors. After the new Labour Government’s windfall tax in the late 1990s—and other economic challenges—the company effectively collapsed and was acquired by Western Power Distribution. That focused the business and it sold the water division to the two founders of Glas Cymru for £1, with £1.85 billion of debt, and that resulted in Welsh Water.

As has been pointed out, the key difference for that company was that it was created by a small number of people. It does not have shareholders but is limited by guarantee and funded by the bond market, so it still has external financing. One of the ways in which it has adjusted its gearing is to hold very high cash reserves, which helps reduce borrowing. However, I do not think that we necessarily get better value for customers just through every provider having a not-for-profit system. I think it was the hon. Member for Islwyn (Chris Evans) who complained to Ofwat a few years ago that customers across the border in Herefordshire, who were supplied by Severn Trent, were paying a lot less for their water bills than people in Wales. While I am conscious that there is not the same pressure on water supply, I am aware that there are particular challenges in the network when it comes to sewerage. It is important to recognise the different catchments, river basins and sources of water on which different water companies rely. Some rely more on water that is gifted from the clouds; others, such as those in the east of England, extract more water. Getting that balance on what is needed right will vary around the country.

As the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) was correct to point out, traditionally South West Water has had the largest bills, which is a reflection of the amount of ongoing investment that that area still needs.

[Richard Benyon]

The Minister is making an extremely good point. People in the south-west had been pleading for years about the cost of cleaning up beaches and other infrastructure problems, but of course the Labour Government ignored those pleas. It was the coalition Government who got a £50 reduction for every single bill in the west country, which was extremely valued by water customers in the south-west.

[Dr Coffey]

My right hon. Friend is correct, and that has been considered. The balance is very important. However, we need to continue to challenge South West Water to make sure its investment is effective. The hon. Member for Keighley (John Grogan) talked about the challenges on sewage, and there are particular challenges in the south-west on aspects of combined overflows. We continue to press the company to make sure that it is maximising the investment on improvements.

[Gareth Thomas]

Will the Minister comment on two points? I mentioned in an earlier intervention that, since Scottish Water was set up in its current form, the price of water is 2% lower in real terms, while water bills in England have gone up by an average of 13% in real terms. Secondly, in the current price review, does the Minister intend to require Ofwat to significantly lower the cost of capital, which is included in the amount that Ofwat allows water companies to charge?

[Dr Coffey]

I am not aware that I have the power to direct Ofwat on exactly how it comes up with its cost of capital. My understanding is that it has reduced what it assumes to be appropriate for the weighted average cost of capital, but I expect the price review to be published shortly. I am due a briefing from Ofwat within the next week on that particular issue.

On prices, Severn Trent’s average bill is still lower than that of Scottish Water. I want to bring some facts into the debate. The need for ongoing investment in the water industry will vary around the country, as will what water companies put forward as necessary for the changes we require.

Ofwat has highlighted the benefit of modernising licence modification powers, after the Secretary of State asked it to look into what further powers it felt it needed. We are currently consulting publicly on that proposal and will make a final decision after the consultation. If we decide to proceed, we hope to bring that forward in a legislative vehicle in the next Session.

The Government’s strategic policy statement in 2017 set out the need to improve protections for vulnerable customers. To help water companies achieve that, the Government introduced data-sharing provisions in the Digital Economy Act 2017 to better identify those who may need help with their bills. Companies have responded positively to that challenge in their draft business plans. Between 2020 and 2025, they have pledged to reduce dividends and bills, increase investment to £50 billion, improve transparency on executive pay and increase the uptake of social tariffs by nearly 90%. Welsh Water’s level of investment is nowhere near as high as that of the average water company in England.

I am pleased that many water companies have set out how they will share profits with customers either directly or through community benefit schemes. They have set challenging targets to extend their support to vulnerable customers, including a commitment from Northumbrian Water and South West Water to eradicate water poverty in their regions.

The industry plans to reduce leakage by 16% by 2025 and has set the ambitious target of a 50% reduction by 2050. Companies also plan to reduce individual water use by 2045, targeting 83% metering penetration and a per capita consumption of 123 litres, which would be a significant improvement on today’s average of 141 litres in England. We will hold them to account on those plans and we will take action ourselves. In our water conservation report, which was published just before Christmas, I said that we would carry out a call for evidence and a consultation on the measures we can take to reduce demand.

Even though we expect that leakage will fall and demand will drop, water supply still needs to be increased. To ensure key infrastructure can be delivered on time, we are consulting on a draft national policy statement for water resources infrastructure, which will streamline the planning process for new large water infrastructure projects, such as reservoirs, desalination plants and water transfers. We expect companies to collaborate with one another on regional water resource plans that transcend company boundaries, to identify the most cost-effective solutions for each region and for the nation. That includes water companies considering other water users in their plans and working together where appropriate. The Environment Agency’s national framework for water resources will support that work.

It is important to recognise the regulators of the water industry, namely the Drinking Water Inspectorate, the Environment Agency and DEFRA, which itself continues to regulate on a small number of matters. They all have good powers to protect consumers and the environment.

The work of the Consumer Council for Water has been referred to. As the consumer body, its role is to hold the water companies to account on behalf of customers. It acts for both residential and business customers. We want to see a water industry that puts customers at the heart of the business, contributes to society and protects our precious natural environment. We will continue to push the sector and to hold it to account, to ensure that it achieves those objectives.

Environment Council

Thérèse Coffey Excerpts

Thursday 17th January 2019 Written Statements

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I attended the EU Environment Council on 20 December in Brussels. Mairi Gougeon MSP, the Scottish Minister for Rural Affairs and Natural Environment, also attended. I wish to update the House on the matters discussed.

C0₂ emission standards for heavy-duty vehicles regulation—general approach

Council reached an agreed position (“general approach”) on the regulation on C0₂ emission standards for heavy-duty vehicles. The European Commission had proposed an indicative 30% reduction in emissions by 2030, with a 15% reduction by 2025.

A full roundtable heard Ministers set out their respective positions. The UK intervened calling for greater ambition for 2030 and stressing the need to agree a strong overall package of measures. The presidency presented a revised proposal; the key element being a binding 2030 target, which was sufficient to achieve a general approach. One member state abstained.

Regulation on LIFE—partial general approach

The presidency introduced its compromise text for a partial general approach of the LIFE programme (the EU’s financial instrument supporting environmental, nature conservation and climate action projects throughout the EU), to run from 2021-27. In this revised text, the presidency reintroduced the role of the LIFE committee and placed greater emphasis on geographical balance; member states welcomed the adoption of the partial general approach. While all could support the agreement, a number of member states intervened to restate their preference for higher co-financing rates.

“A Clean Planet for All”: a long-term strategy for EU greenhouse gas emissions reductions—exchange of views

The Commission introduced its long-term strategy on climate, which was published on 28 November 2018, which recommends that the EU aims for net-zero greenhouse gas emissions by 2050, following which the Council held its first exchange of views. The Council agreed that the strategy should be discussed in multiple council formations in the coming months. Interventions focused on the aim for net zero-emissions, the importance of just transition, the recognition of specific national and regional circumstances, the contribution of technology to decarbonisation, and the role of national long-term strategies.

The UK intervened to highlight that the Inter- governmental Panel on Climate Change (IPCC) special report on 1.5 degrees underscored the urgency of tackling climate change, and welcomed the strategy as a serious response that also underlines the benefits of taking action, and stresses the need to ensure that no one is left behind in the transition. The UK highlighted the action being taken across the UK to tackle climate change, and the role of clean growth in the domestic industrial strategy. The UK welcomed the focus in the strategy on carbon capture usage and storage (CCUS), given its vital importance in reducing the costs of decarbonisation and the need for collaboration to scale up CCUS, and also highlighted the need to consider nature-based solutions.

AOB items

The following items were also discussed under any other business.

1. Report on recent international meetings: United Nations framework convention on climate change 24th session of the conference of the parties

The presidency, Commission, and Poland, which held the presidency of the 24th session of the conference to the parties (COP) to the United Nations framework convention on climate change (UNFCCC), presented on COP24, which took place in Katowice, Poland, on 2 to 14 December 2018. The agreement of the rulebook underpinning the Paris agreement was welcomed as a significant achievement.

2. Report on the implementation of the EU strategy on adaptation to climate change

Council noted the information from the presidency.

3. The “Graz Declaration”—Starting a new era: Clean, safe and affordable mobility for Europe

Council noted the presidency presentation on the Graz declaration, which was agreed at October informal Environment Council (29 and 30 October).

4. Measures at EU level to create the conditions for discontinuing the use of the environmentally problematic substances contained in plant protection products

Council noted the information from the Belgian delegation on plant protection products.

5. Intermediary sessions of the meeting of the parties to the convention on environmental impact assessment in a transboundary context (Espoo convention) and the protocol on strategic environmental assessment (SEA)

Lithuania, supported by Luxembourg, presented information concerning the draft recommendations of the United Nations Economic Commission for Europe (UNECE) Espoo Convention Implementation Committee regarding the Ostrovets new nuclear project in Belarus. These recommendations will be tabled for possible endorsement by the intermediary session of the meeting of the parties to the convention in February 2019.

6. Current legislative proposals

The presidency and the Commission provided an update on current environmental legislative proposals: regulation on taxonomy; directive on single-use plastics; the regulation on persistent organic pollutants (POPs) (recast); the regulation on environmental reporting; the directive on drinking water (recast); and the regulation on C0₂ from cars and vans.

Several member states welcomed the proposals, in particular the progress on the single-use plastics directive. On the recast of the drinking water directive the Commission urged all member states to show flexibility and work together to make swift progress. The UK intervened to welcome the progress on single-use plastics, and outlined the work being done across the UK to tackle plastic waste. On drinking water, the UK noted the recent progress towards a compromise on materials in contact with drinking water, but indicated that there were still outstanding concerns, and on persistent organic pollutants (POPs), the UK intervened to support the Council position on Decabromodiphenyl ether (a flame retardant) and the existing approach for updating the annexes.

7. Report on recent international meeting—convention on biological diversity (CBD) and update from the UK on the London illegal wildlife conference

The Commission and presidency reported back on the recent international meeting on the convention on biological diversity (CBD), in Sharm El-Sheikh, Egypt on 17 to 29 November. The UK intervened to welcome progress so far and to highlight the commitment that needs to be shown from Governments, civil society and business in order to develop an ambitious post-2020 biodiversity framework.

Following this, the UK gave a short update on the outcomes of the London illegal wildlife trade (IWT) conference held on 11 and 12 October 2018, outlining the importance of member states continuing to work together to tackle this important issue, and the need to treat IWT as a serious organised crime.

8. The future of European environment policy—Towards an 8th EU environment action programme

Council noted the information from the presidency on plans to develop an eighth EU environment action programme.

9. Environmental and climate ambition of the future CAP

Council noted the information from the German delegation, supported by the Luxembourg delegation.

[HCWS1251]

Oral Answers to Questions

Thérèse Coffey Excerpts

Thursday 17th January 2019 Commons Chamber

[Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

4. What steps he is taking to tackle serious and organised waste crime.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

Last year, the Department commissioned a review of serious and organised crime in the waste sector. Recommendations from that review informed our strategic approach, which we set out in the resources and waste strategy. That includes plans to prevent, detect and deter all forms of waste crime, including with the creation of a joint unit for tackling waste crime and a dedicated disruption team.

[Mr Clarke]

I thank the Minister for that answer. We also face the problem of casual fly-tipping. Residents in Guisborough have been appalled by some of the examples we have seen on Wilton Lane and on the moor road. Will she set out what the Government are doing to address that, too?

[Dr Coffey]

Fly-tipping is a genuine blight on local communities. Additional powers have been given to councils, and from this month local authorities now have the power to issue penalties of up to £400 to householders who have ignored their duty of care and whose waste is fly-tipped. The message is very clear: when somebody comes to offer to take your waste away, check online and check their licence to see that they are legitimate, because otherwise you could be getting a fine from your council.

[Matt Western (Warwick and Leamington) (Lab)]

Following on from that question, rural crime is a major issue, particularly in the villages around Warwick and Leamington. Across the whole of Warwickshire it is costing about £650,000 to clear up fly-tipping, but wider crime is also an issue. What does the Minister recommend I should be saying to farmers in my communities?

[Dr Coffey]

It is important that evidence is gathered to try to tackle the issue. I know that farmers are taking preventive action to try to stop people entering their areas illegally. It matters that we also work together on other issues of rural crime, such as hare coursing, and other significant routes used by serious and organised crime to try to exploit the countryside.

[Jim Shannon (Strangford) (DUP)]

Does the Minister intend to liaise with the Ministry of Justice on increasing the ability of the judiciary to make examples of those who flout the law? The fines are less than the financial advantage of waste disposal, which does not add up.

[Dr Coffey]

As I have said, we have set out our intentions in our resources and waste strategy. Fining is one approach and different types of sentences is another. That is the kind of work we are doing with the MOJ and, of course, the Home Office.

[Craig Tracey (North Warwickshire) (Con)]

5. What plans he has for farming policy after the UK leaves the EU.

--- Later in debate ---

[Christian Matheson (City of Chester) (Lab)]

8. How many reports he has received of foxes being killed by hunts in England in 2018.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

The Department has not received any reports of foxes being killed in illegal ways, but I would not expect it to, as people are expected to report that to the local police. It is the Ministry of Justice that keeps the statistics on crime records.

[Christian Matheson]

The League Against Cruel Sports reports 32 kills last year, which is the bare minimum because it cannot monitor every hunt. May I suggest to Ministers that the reason why they do not collect these figures is that if they did, they would have to do something about enforcing the laws that already exist?

[Dr Coffey]

The Hunting Act 2004 makes it clear that, apart from certain exemptions, there is a ban on hunting with dogs. It is important that people take their evidence to the local police forces. I am aware of the incident in Cheshire through social media, and I understand that Cheshire police is investigating it. It is a crime, and it is up to the police force to investigate.

[Mr Speaker]

I call Richard Graham—not here. Where is the fella? It is a great shame—oh dear! Well, never mind, Hannah Bardell is here.

--- Later in debate ---

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

12. What steps he is taking to reduce plastic pollution.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

The Government recently published the resources and waste strategy, which sets out our plans to reduce plastic pollution. We have already consulted on banning straws, cotton buds and stirrers, and are consulting on extending the carrier bag charge. We will shortly be publishing our consultation on key reforms to existing packaging waste regulations, which will include a deposit refund scheme for drinks containers and increasing consistency in the recycling system.

[Mrs Latham]

The “Countryfile” programme on Sunday showed that farms use huge quantities of very thick plastic, which apparently can no longer be recycled and is being kept on airfields. How can the Government ensure that this product does not go into landfill?

[Dr Coffey]

It is possible to recycle plastic bales, but I am conscious that the secondary market may not be well established. With the reforms that we will shortly be consulting on, my hon. Friend will see that it will be in the interests of producers to ensure that materials are recyclable, otherwise it will cost them more.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

I recently visited Canning Street Primary School in my constituency, where the children presented to me their “Keep Benwell Clean” campaign, because they are tired of walking to school through rivers of plastic. Will the Minister accept my invitation to visit the school and explain to the children there why their environment has to be polluted in this way, and what she and local authorities can do to change that?

[Dr Coffey]

I commend the children for being so concerned about plastic pollution and litter. I am sure that they are being champions in picking up litter where appropriate. That should be seen no longer as a punishment, but as a duty of civic service. Next time I am in Newcastle, which I anticipate will not be before 29 March, I will do my best to visit the children at that school.

[Carol Monaghan (Glasgow North West) (SNP)]

Scotland led the UK in tackling the waste produced from single-use polythene bags, and the Scottish Government are now looking at a deposit return scheme for plastic bottles. Where such a scheme has been used, there have been recycling rates of up to 95%. Will the UK Government consider following suit with a plastic bottle recycling scheme?

[Dr Coffey]

We will shortly be publishing our proposals and the next steps towards introducing a deposit return scheme. I will be meeting Roseanna Cunningham again next month; she will have her plastics summit, and we will have a British-Irish Council meeting. Ideally we would like to work together on a UK scheme, and although we are conscious that that might not be possible, we will do what we can.

--- Later in debate ---

[Gillian Keegan (Chichester) (Con)]

T2. I recently spent a day with Sussex police and the Environment Agency checking permits on vans and lorries carrying toxic waste. Although these efforts are a step in the right direction, fly-tipping incidents in Chichester almost doubled in 2018 compared with the previous five years, and they cause considerable cost to local landowners and the council. What steps is my hon. Friend taking to tackle serious and organised waste crime?

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

As I outlined to the House earlier, we recently published our resources and waste strategy. It is a key point that we need to tackle this serious and organised crime. We have already given the Environment Agency powers that it is using to do so, and indeed given powers to local councils, but there is more to do. We hope to bring forward future legislation to tackle outstanding issues.

[Sue Hayman (Workington) (Lab)]

On Tuesday, the National Audit Office published a highly critical report on the Government’s monitoring of the natural environment. The report states that DEFRA

“has not…done enough to engage other parts of government with its approach”.

So what confidence can we have in the Secretary of State, who is clearly busy doing other things today, to deliver his promised green Brexit?

[Dr Coffey]

We are currently working on the metrics and targets, as set out in our 25-year environment plan, to have something that is sustainable going forward. It is also important to note that we have laid draft clauses of the environmental governance Bill. In them we refer to a policy statement, which will operate right across Government, embedding into what we do as a Government the need to ensure that we leave the environment in a better place than when we inherited it.

[Sue Hayman]

That is all very well, but what we need is not warm words. We get many, many warm words from this Department but very little real action, and we need action to protect our natural environment and to bear down on climate change. So what is actually happening in response to this report?

[Dr Coffey]

The report was published only yesterday, so we need to consider it and will then reply. Only this week, we launched the clean air strategy, which was recommended by the World Health Organisation as something for other countries around the world to follow. We are going through with a new Agriculture Bill and Fisheries Bill. We are preparing an environment Bill. These are all examples of action, which the House has asked for, on issues such as clean air. There is also what we are doing with our local nature recovery networks, and we are doing all sorts of things to try to improve biodiversity. The hon. Lady will be aware of our commitment to make sure that we achieve a target of 30% marine protected areas around the world by 2030, and we will be launching our final decision on marine conservation zones shortly. So frankly, this Government are acting to make the environment a better place.

[Mary Robinson (Cheadle) (Con)]

T4. The Greater Manchester combined authority is in the process of producing a clean air plan for the region to reduce harmful emissions. The Mayor, who has previously ruled out a congestion charge, is now apparently considering a charge on older cars, as well as taxis and vans, which is clearly a concern for small businesses in my area that may be impacted by it. Will my hon. Friend outline whether any funding could be made available from central Government for the retrofitting of non-compliant vehicles so that small businesses in Cheadle will not be penalised should the Mayor press ahead with those plans?

[Dr Coffey]

It really matters that we work with local authorities to make sure that we improve air quality as quickly as possible. There are broader issues with particulate matter and similar, but we are still behind on nitrogen dioxide. The Greater Manchester area is late in presenting its plan to the Department, and we are continuing to work with it. Where there are those sorts of measures—not a congestion zone but a charging zone for more polluting vehicles—we will work on, and try to fund in the best way we can, the measures needed to mitigate that.

[Hannah Bardell (Livingston) (SNP)]

T3. Paterson Arran Ltd is a major, important employer in my constituency, and arguably produces the best shortbread in the world. It has written to me raising serious concerns about the impact of a no-deal Brexit. It imports a significant number of commodities, and its business would be seriously damaged by a no-deal Brexit. Will the Minister and the Cabinet now take a no-deal Brexit off the table, extend article 50, and take the vote to the people?

--- Later in debate ---

[Laura Smith (Crewe and Nantwich) (Lab)]

T7. Unlike others, I was pleased to see the Under-Secretary of State, the hon. Member for Macclesfield (David Rutley), in his place, because he too represents a Cheshire constituency. I am sure he shares my concern and that of local people who have been getting in touch with me that current legislation appears to be doing little to prevent foxhunting from taking place in Cheshire. Will the Government do the right thing and strengthen the Hunting Act by adding a recklessness clause, to end the ridiculous situation where a hunt can avoid prosecution simply by claiming that the chasing and killing of a fox by their dog was an accident?

[Dr Coffey]

The Hunting Act is already tightly drawn, and there has been a mixture of successful and unsuccessful prosecutions so far. It really matters that the police have the evidence presented to them, so that they can make a stronger case to the Crown Prosecution Service to tackle illegal hunting, which we all deplore.

[Several hon. Members rose—]

[Richard Graham (Gloucester) (Con)]

Thank you very much for calling me, Mr Speaker.

One of the most exciting developments of recent times has been the announcement from the University of Manchester of a way of desalinating water through graphene sieves, which can turn it into drinking water. That has huge implications around the world. Does the Minister agree that one of the greatest possible benefits is the decrease in the number of water bottles, which so often find their way into the marine ecosystem?

[Dr Coffey]

I also saw that interesting announcement by the University of Manchester, which just shows the benefits of this Government having invested in the university to develop graphene. There are a number of ways in which we can try to reduce the impact of plastics, and we will continue to support water companies in their long-term plans, including on desalination.

[Kerry McCarthy (Bristol East) (Lab)]

Yet another report has been published this morning—this time in The Lancet—highlighting the damage that our food systems are doing to not only public health, with 11 million avoidable deaths, but the climate. I have been banging on about this for more than 10 years in this place. Is there any chance that the Government will ever listen to these reports?

--- Later in debate ---

[Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)]

Would a Minister be willing to meet me to discuss banning the use of bolt guns as a method of putting down greyhounds that are no longer used in the racing industry?

[Dr Thérèse Coffey]

We need to tackle in a humane way however animals are put down, whether they are wildlife, domestic animals or racing animals. I am sure that a Minister will be delighted to meet my hon. Friend.

[Rachael Maskell (York Central) (Lab/Co-op)]

City of York Council is planning to develop the land adjacent to Askham bog, which is a site of special scientific interest. What discussions has the Minister had with the Ministry of Housing, Communities and Local Government about development next to SSSIs?

[Dr Coffey]

The hon. Lady will be aware that SSSIs have an exceptionally high protection status under the national planning policy framework, which was updated last year. It is really important that these matters are considered carefully and that such development is avoided, but it will come down to a local decision for the local planning authority.

[Neil Parish (Tiverton and Honiton) (Con)]

The Minister has talked about amendments to the Agriculture Bill. Will he and the Secretary of State really look at those amendments, and especially those that maintain high standards for imported foods, so that we do not put our own farmers out of business?

--- Later in debate ---

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

Last week, Heathrow announced that it wanted another 25,000 flights a year through the airport, irrespective of runway 3’s development. What advice has DEFRA given the Department for Transport on the noise and air quality implications of that unwelcome development?

[Dr Thérèse Coffey]

As with any development, an environmental impact assessment will be needed to cover those particular items, which will need to be considered with what is regarded as illegal.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

rose—

--- Later in debate ---

[Mr Sheerman]

“Oh, very well”, Mr Speaker? I am actually going to ask a topical question, unlike some of our colleagues.

May I remind the ministerial team that until we came under European regulation, we were the dirty person of Europe? We filled our seas with sewage, and we buried our waste in holes in the ground. Did the Minister see the wonderful BBC programme only last Sunday showing the real curse of agricultural plastic waste, which we are doing very little about? Will she and the Minister for Agriculture, Fisheries and Food get together with others, on an all-party basis, to try to clean up the environment and get a good deal from Europe?

[Dr Thérèse Coffey]

That was nearly as long as a speech in an Adjournment debate, but the last one of those that the hon. Gentleman secured for me to respond to was about the circular economy of left-over paint, and he did not even show up for that.

In answer to the hon. Gentleman’s question, I would say that he should read the resources and waste strategy. I have already answered the question from my hon. Friend the Member for Mid Derbyshire (Mrs Latham): I said that we are working on this. We need to work with farmers to make sure there is a secondary market for that sort of plastic bale.

[Mr Speaker]

I do not know whether the Minister managed to see the programme, but I dare say it is available on catch-up TV.

Year of Green Action

Thérèse Coffey Excerpts

Friday 11th January 2019 Written Statements

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

We are committed to being the first generation to leave the environment in a better state than we found it.

Friday 11 January marks the first anniversary of the publication of the 25-year environment plan. Over the last 12 months, we have reduced plastic waste by introducing one of the world’s strongest microbead bans, setting out plans to ban plastic straws, cotton buds and stirrers and extending the 5p plastic bag charge, and overhauling our waste system with a comprehensive resources and waste strategy. We have laid our landmark Agriculture Bill before Parliament, transforming our farming system for the first time in 50 years to reward farmers for protecting and enhancing the environment. We have committed to a green Brexit with plans for the first Environment Bill in 20 years and a new environmental watchdog to hold Government to account. On the international stage the UK is at the forefront of combating the illegal wildlife trade. Our landmark Ivory Act put one of the world’s toughest bans on the sale of ivory into law and hosting the fourth and largest illegal wildlife trade conference in London in October has led to the UK and 64 other countries declaring significant political and practical commitments to tackle the illegal wildlife trade.

The plan also announced a year of green action in 2019 to draw together targeted actions to make it easier for people to get involved in improving the natural world and spread the word about environmental issues. It will provide a focal point for organisations, individuals, communities and businesses to learn more about their environmental impact and take action to reduce it.

The year of green action is an opportunity for everyone to get involved and enthused about restoring nature, from gardeners to major transport network providers. With individuals, voluntary organisations and businesses all having a part to play; we would like to see industry leading the way in raising environmental standards as well.

The focus for activities in the year of green action will be on connecting with, protecting and enhancing nature. We will be promoting environmental action through partners, a dedicated website for showcasing partner activity, social media, and events throughout the year.

The 25-year plan puts children and young people at the heart of the year of green action and we want to see them playing an active part in decision making for their future. We are partnering with the charity Step Up To Serve, to help encourage environmental youth social action through their #iwill4nature campaign.

Civil servants will be encouraged to use some of their dedicated volunteering time for taking green action, working with partners on environmental projects.

Parliamentarians can play their part in the year of green action by promoting the messages of environmental sustainability.

[HCWS1244]

Environment Council

Thérèse Coffey Excerpts

Wednesday 19th December 2018 Written Statements

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

The next EU Environment Council will take place on 20 December, in Brussels. I will be attending to represent the UK. The Scottish Minister for Rural Affairs and Natural Environment (Mairi Gougeon MSP) will also attend.

On environment items, the main legislative focus will be on the partial general approach on the regulation on LIFE (the EU’s financial instrument supporting environmental, nature conservation and climate action projects throughout the EU).

The primary focus for climate items will be a general approach on the regulation on C0₂ standards for heavy-duty vehicles, followed by an exchange of views on the Commission’s long-term strategy for EU greenhouse gas emissions reduction.

Any other business (AOB) will include information from the presidency on the following legislative proposals:

regulation on taxonomy;

directive on single use plastics;

regulation on persistent organic pollutants (POPs) (recast);

regulation on the alignment of environmental reporting obligations;

directive on drinking water (recast);

regulation on C0₂ standards for cars and vans.

The Commission and presidency will then report on the following two recent international meetings:

convention on biological diversity (CBD) (Sharm EL-Sheikh, Egypt, 17 to 29 November 2018)—including an update from the UK on the outcomes of the London conference on the illegal wildlife trade held on 11 and 12 October;

COP 24 United Nations framework convention on climate change (Katowice, Poland 2 to 14 December).

The Commission will then provide information on the implementation of the EU strategy on adaptation to climate change.

Following this, there will be an update from the presidency on the outcome of two discussions held at the informal meeting of Environment and Transport Ministers (Graz, 29 and 30 October 2018):

the future of European environment policy—towards an eighth environment action programme;

Graz declaration—“Starting a new era: clean, safe and affordable mobility for Europe”.

There are currently three member state led AOBs:

adoption of measures at EU level to create the conditions for discontinuing the use of environmentally problematic substances contained in plant protection products (tabled by Belgium);

intermediary sessions of the meeting of the parties to the convention on environmental impact assessment in a transboundary context (Espoo convention), and the protocol on strategic environmental assessment (SEA) (Genevea, 5 to 7 February 2019) (tabled by Lithuania);

the environmental and climate ambition of the future common agricultural policy (tabled by Germany, supported by Luxembourg).

Finally, the Romanian delegation will provide information on its upcoming presidency.

[HCWS1207]

Draft Humane Trapping Standards Regulations 2019

Thérèse Coffey Excerpts

Wednesday 19th December 2018 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I beg to move,

That the Committee has considered the draft Humane Trapping Standards Regulations 2019.

It is a pleasure to serve under your chairmanship once again, Mr Davies. The regulations amend the Wildlife and Countryside Act 1981 to implement in Great Britain the trap welfare requirements contained in the Agreement on International Humane Trapping Standards. The European Union is a party to the agreement. However, there is no implementing legislation at the EU level, so the UK is obliged to implement the welfare standards directly.

What is the agreement about? In 1997, the EU concluded two international agreements—an agreement with Canada and Russia, and an agreed minute with the USA —to establish humane trapping standards that would facilitate trade between the parties in wild-sourced pelts and manufactured goods incorporating such pelts. The agreement covers species commonly trapped for their fur in the territory of the contracting parties. That is why species farmed for their fur, or trapped only for predator or pest control purposes, are not covered.

Although the primary function of the agreement is to ensure that the trapping of animals for fur is humane, it also covers trapping for wildlife management and conservation purposes. Many hon. Members hold principled views about the trapping of animals and the trade in their pelts, but the regulations are not about the policy issue of whether or not that is right; they are a means of improving the welfare of those animals in that process.

The humaneness standards and rigorous trap-testing procedures in the agreement will ensure that the United Kingdom adheres to that internationally recognised benchmark for animal welfare. The agreement requires that the UK establishes appropriate processes for testing and certifying traps in accordance with the humaneness standards and procedures set out in the agreement. It also requires that manufacturers identify certified traps, provide instructions for their appropriate setting, safe operation and maintenance and, finally, ensure that trappers are trained in the humane, safe and effective use of trapping methods.

In the UK, the trapping standards apply to five species: the badger, the beaver, the stoat, the pine marten and the otter. Those five species occur in the wild in parts of the UK. Beavers are not recognised as being wildlife specifically, but they are now well established in Scotland and are, of course, being reintroduced under trials in certain parts of England. Certainly, no decision has been made so far on the protected status of the beaver in England. However, we recognise that with the licensing of the trials there will be times when beavers may need to be trapped, and it was important to include the species so that their welfare could be accounted for. As I said, the regulations in no way affect the status of beavers in England, but they ensure that any traps used will comply with the welfare standards.

Of the five species, only the stoat is regularly and widely trapped in the UK, and it is the only species for which lethal traps are commonly used. A UK-wide consultation on the implementation of the agreement took place in spring 2018. Stakeholders broadly supported the welfare improvements outlined in the agreement. However, many trap users believe that there will not be sufficient numbers of compliant stoat traps available when the regulations come into force.

Many of the traps used in the UK to kill stoats do not meet the standards outlined in the agreement, but so far it has not been possible to identify a suitable compliant stoat trap used by other contracting parties to the agreement. I have to admit that that was one of the first issues I came across when I was appointed Minister. Since 2016, the Government have been supporting industry stakeholders in the development and testing of new compliant stoat traps, and I am pleased to say that from 1 January 2019 compliant stoat traps will be available for sale and use.

The Government have delayed implementation of the regulations—for stoats only, for a year, until 1 April 2020. That is a pragmatic step, which signals to manufacturers and trap users that they must transition to compliant traps for stoats while recognising that they will need time to do so—in particular, to ensure that manufacturers have sufficient time to produce the numbers required. Implementation will primarily impact on people who sell, manufacture, import or use stoat traps in the UK, as most will need replacing. The total cost to business is calculated to be £1.1 million.

We have existing legal mechanisms in place for regulating the use of traps. The agreement simply improves the standards to which traps must comply before they can be used, and it extends the scope of current trap offences to two additional species: stoats and beavers. Implementation does not require the introduction of new offences or penalties, and the current licensing mechanism would be used to authorise the use of compliant traps. Licences are already required to trap all UK species covered by the agreement, except for stoats and beavers. We propose that the trapping of stoats by using compliant traps should be permitted under a general licence, which will result in much lower costs for the licensing authority and provide the least burdensome approach for trappers.

The Government are committed to the highest standards of animal welfare. As the Prime Minister has set out, we will make the United Kingdom a world leader in the care and protection of animals as we leave the European Union. The agreement contains minimum humane trapping standards and rigorous trap-testing procedures, creating an internationally recognised benchmark for trap welfare. It is important that we implement those standards in this country. For those reasons, I commend these regulations to the Committee.

--- Later in debate ---

[Dr Coffey]

I thank the hon. Members who have contributed to the debate. It is unusual to have two Opposition Front-Bench spokespeople speaking, but I recognise they may have wanted to raise different points.

Why has the statutory instrument taken so long? The Commission was going to issue a directive, but it changed its mind so we had to do it through domestic regulations. Does it really matter? I think it does: it will improve the welfare of animals, as the hon. Member for Motherwell and Wishaw rightly recognised. Dare I say to my constituency neighbour, the hon. Member for Ipswich, that his comments show that he does not represent a rural area? He does not represent a constituency where this is an issue and these traps are being laid. He has not spoken to the gamekeepers or the people who manufacture these traps. There are other traps in the world, but they are not appropriate for the environment here. We demanded higher standards, and that is what we are determined to bring forward to ensure that animal welfare is respected. I am conscious that it has taken some time, but it has taken quite a lot of time for the manufacturers to ensure that they are designing suitable traps relevant to the environment in parts of the United Kingdom.

The hon. Gentleman says there are not enough beavers around, but there are plenty around that still need careful management. In particular, certain beavers in parts of the country were recently trapped and tested for a particular disease because the person who brought them in contravened the voluntary code of practice. He sourced them from a place that has the disease and, unfortunately, one of the beavers trapped was found to have that disease. If transferred to humans, which it can be, that disease is lethal. That is why we actively need traps for animals. That example may be rather extreme, but on a daily basis it is normal practice in conservation management to use trapping. It is part of our approach to conservation.

As I am sure the hon. Member for Stroud will be aware, leg-hold traps are already outlawed. We have an operability statutory instrument that will come into force in the spring when we leave the European Union to ensure the continued functioning of that regulation, but the standard goes wider than just leg-hold traps.

On whether we would renegotiate the agreement again, we have to accept that we will continue to trap in this country. That is why we want to ensure that we have high welfare standards. I am conscious that the welfare standards are not good enough for stoats at the moment. That is why we need to make the changes.

I was asked who needs to pay. The industry needs to pay for the new traps that will be coming in. In some circumstances, for animals caught by accident—or “nefariously”, as someone called it—anyone who lays a trap is legally obliged to check it every 24 hours, as my hon. Friend the Member for Berwick-upon-Tweed pointed out. I accept that the hon. Member for Stroud believes that not everyone does that, but if there is good evidence, people should present it to the police. It matters that we take these things seriously.

Finally, the hon. Member for Stroud referred to the animal welfare Bill. Animal welfare is split between three Ministers in DEFRA. I am responsible for wild animals; the Minister for Agriculture, Fisheries and Food, my hon. Friend the Member for Camborne and Redruth (George Eustice), is responsible for farmed animals connected to the agriculture industry; and the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Macclesfield (David Rutley), has responsibility for domestic animals.

[Dr Drew]

That is why there are two of us!

[Dr Coffey]

There is only one of me here.

The House is passionate about improving welfare standards. One of the slight risks of our leaving the European Union is that we have been at the forefront of promoting high animal welfare standards across the EU, and we will continue to do so. I am on my way to the Environment Council tonight, and I will continue to encourage my friends from other nations to keep up the good practice that we wish to set in place.

As I said earlier, the regulations do not have anything to do with the policy of trapping; they are about raising welfare standards for the policies currently in existence. I hope that the Opposition will support the regulations; I would be somewhat surprised if they were happy for animal welfare standards not to be so high in future. I am sure they recognise that.

Question put and agreed to.

Thames Water Reservoir at Abingdon

Thérèse Coffey Excerpts

Wednesday 12th December 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

It is a pleasure to respond to my right hon. Friend the Member for Wantage (Mr Vaizey), who secured the debate, and to the other Members who contributed.

Water is essential for everything we do. It is also essential for a healthy environment and a prosperous economy. A reliable water supply is taken for granted but, despite its reputation for rain, which has been mentioned many times, England risks water shortages, in particular in certain areas. Climate change and increasing population, especially in the drier south and east, as well as the need to protect the environment—including chalk streams—bring further challenges. A water company’s job is to take account of those factors and to provide a reliable supply of safe drinking water. The Government and the water regulator’s job is to check that they are doing that effectively.

Thames Water supplies water to about 10 million household customers and 215,000 businesses in London and across the Thames valley. Its existing plan shows a one-in-four chance over the next 25 years that large numbers of households and businesses will have water supplies cut off for extended periods because of drought. That is a lower protection than most other water companies provide. We must expect Thames Water to act on customers’ need for a more resilient supply, to manage other pressures of a growing population and changing climate, and to protect the environment that we treasure and on which we rely.

Thames Water has engaged with regulators, stakeholders and customers throughout the development of its draft water resources management plan. In February 2018, Thames Water published its draft plan for consultation, which explains how the company plans to provide a secure and sustainable supply of water for its customers for the next 80 years, from 2020 to 2100. In October and November this year, Thames Water provided a further opportunity for comment on the changes and revisions made to the draft plan as a result of the first consultation. That further consultation closed on 28 November. Thames Water sought stakeholder and customer views on its draft plan through a variety of channels, including public meetings, an online survey and written submissions.

I hope that my right hon. Friend appreciates that, as Thames Water has just completed its consultation process on the draft plan, it is now preparing its statement of response to the consultation, which the Environment Agency will assess in due course. It will provide advice to the Department for Environment, Food and Rural Affairs in the new year. That process is ongoing, so officials and Ministers at DEFRA have not yet had the opportunity to consider the advice from the Environment Agency. As such, the Government cannot comment on any proposals suggested through the water resources management plan process.

The Government and the water regulator issue detailed guidance to water companies that sets out the Government’s expectations that companies should: first, take a long-term strategic approach to protecting and enhancing resilient water supplies; secondly, consider every option to meet future public water supply needs; thirdly, protect and enhance our environment and act collaboratively; and, fourthly, promote efficient water use and reduce leakage.

If a water company forecasts a water supply deficit, it should appraise all the options available to it and should justify its preferred solution in its water resources management plan. The Environment Agency and Ofwat are both statutory consultees to the water resources management plans. As I mentioned, the Environment Agency will also advise the Secretary of State on the draft plan. As part of its current price review, Ofwat has set out clear measures to ensure that the proposals companies bring forward, and the costs of delivering them, are subject to appropriate scrutiny to protect customers’ interests in the long term.

In the business plan that Thames Water submitted to Ofwat, it proposed costs for work to develop the reservoir proposals further, rather than the infrastructure costs themselves. If the proposals go forward, the infrastructure costs will come forward in future plans, which will be scrutinised, possibly at the price review in 2024 if construction were to start in 2025 or 2026. In the plans as they stand, the reservoir is expected to come online for use in 2037. I hope hon. Members have been assured that there are processes in place to assess whether water company plans are robust.

Leakage and other options were mentioned. The National Infrastructure Commission estimates that by 2050, around an additional 3.5 billion litres of water per day will be required to maintain current levels of resilience to drought in England. At least a third of that—1 billion litres—needs to come from new infrastructure, and the other two thirds from water efficiency and leakage reduction. To put that in context, 3.5 billion litres per day is almost enough water to fill Wembley stadium every day. Thames Water’s proposed reservoir would provide about 300 million litres per day.

The Government recognise that to meet our future water needs, we require a twin-track approach that combines demand reduction, including leakage reduction, with long-term investment in supply infrastructure. With respect to leakage, the Government have made their view clear and the industry has responded. The water companies’ business plans are on track to meet Ofwat’s challenge to reduce leaks by at least 15% by 2025. Over the long term, the industry has committed to working to an ambitious target to reduce leaks by 50% by 2050. We will hold it to account on that.

The need for new infrastructure is set out in the draft national policy statement for water resources infrastructure, which was recently laid under the Planning Act 2008. That statement sets out that, alongside demand reduction and tackling leakage, a mix of water infrastructure schemes will be required to meet our future water supply needs, including reservoirs, water transfers, desalination and reuse. The statement applies to nationally significant infrastructure projects, and I expect that the proposed Abingdon scheme would qualify as such a project.

I assure my right hon. Friend that extensive pre-application consultation and engagement will need to be undertaken by applicants using the Planning Act 2008 regime. Members of the public can participate in the examination process by registering their interest, thus ensuring that local views can be heard. I think it is fair to say that the planning process will be different from last time, because in the past month Parliament has voted in favour of a new process for infrastructure projects that are deemed nationally significant. Consideration of a development consent order application at a public inquiry would start on the basis that the most appropriate option for meeting water supply needs had been selected through the resource management plans. As I pointed out, Ofwat will also scrutinise the proposed costs for the full project if they come forward in future plans.

Hon. Members asked whether the water would be used just for the Thames Water area. It is fair to say that Thames Water has been working with Water Resources in the South East—an alliance of the six south-east water companies—to ensure that a more collaborative approach is taken to water resources planning, and its reservoir proposals would benefit other companies in the south-east. The Government and regulators expect water companies to collaborate at a regional level with other companies and sectors to produce plans that work for that region. That allows water companies to consider the most efficient and economically, socially and environmentally beneficial solution for the whole region, allowing customers, business, society and the environment to benefit from economies of scale. We expect such collaboration to be reflected in companies’ water resources management plans.

The preferred programme that Thames Water has set out for full consultation includes water transfers. I believe considerations will be made for desalination, and there are elements of water trading, with things such as Didcot power station. I understand that Thames Water considered more than 50 sites for a new large reservoir and considered that only one of those sites was viable. As I said, other water companies may be involved. It has been brought to my attention that Affinity Water is considering and working alongside Thames Water on this matter.

On demand reduction, targets are already set for water companies. I hope hon. Members are aware that planning regulations require a target of 125 litres per day for new developments, but councils can, in planning permissions, reduce that to 110 litres per day if the development is in a water-stressed area.

On the flood alleviation scheme in Oxford, I say gently to the hon. Member for Oxford West and Abingdon (Layla Moran) that I recognise that people would like additional cycle paths and so on, but if the costs of the scheme have gone up, it is fundamental that taxpayers’ money needs to be spent on delivering the scheme. I am conscious that there may be other opportunities to develop the additional benefits to which she referred.

The good Feargal Sharkey is a friend of many people in Parliament. He used to be chief executive of UK Music, but now pushes passionately for chalk streams, to which the hon. Member for Dagenham and Rainham (Jon Cruddas) in particular referred. He also mentioned the pollution challenges at Thames Water. He will be aware that Thames Water received a record fine after being prosecuted by the Environment Agency. This is exactly the kind of project we need to reduce the pressure on other sources of water. Although I am conscious of the scale of this reservoir, it appears at least to be a viable option. However, it needs to be considered carefully.

I appreciate that the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) raised a number of issues. I hope that I have been able to cover Members’ key questions. Overall, I really hope that my right hon. Friend the Member for Wantage sees that there are transparent and robust processes in place to ensure that water companies continue to provide reliable water supplies efficiently and economically, and that any plans that are put forward will be scrutinised appropriately and decided on objectively.