Before I call the shadow Minister, let me reiterate that this debate must finish at 4.36 pm. There are a number of speakers, and I urge brevity so that we can get everyone in. I cannot impose a time limit, because we are debating Lords amendments, so it will be up to all Members to help each other out if they want to speak.
I want to start by marking the wicked and senseless murder of Sir David Amess. I was not able to speak in the tributes on Monday, but I do want to place on record my sorrow and send my prayers and thoughts to Sir David’s family, to his staff in the House and in Southend, and to his constituents. I also want to extend condolences to the family, staff and constituents of the late James Brokenshire, whose passing was untimely and very sad indeed. Both colleagues will be much missed throughout the House.
On a happier note, I want to welcome the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Bury St Edmunds (Jo Churchill), to her position as Minister for Air, but, sadly, she seems to have disappeared into thin air! That is a bit of a worry.
Here we are, back in the House and back discussing the Environment Bill, 629 days after it received its First Reading. I am grateful to the Lords for their careful consideration of the Bill, and for succeeding where this House was unable to do so and making it fit for purpose. As we approach COP26 in Glasgow, a Bill fit for purpose has never been more needed. The world is watching, and the world is waiting for leadership from the British Government. The Bill could and should be stronger, it could have passed through the House much sooner, and it had the scope for real cross-party involvement; but alas, thanks to this Secretary of State and this Prime Minister, it was not to be.
Lords amendment 3, tabled by my noble friend Baroness Hayman, is about tackling toxic air, and it is so, so important. I am grateful to her for taking up the baton of Labour’s focus on cleaning our air and our lungs. Nearly 60% of people in England now live in areas where levels of toxic air pollution exceeded legal limits in 2019-20. We cannot go on as we are; we require real leadership, which is why Labour will be supporting Lords amendment 3 and voting to ensure that it remains in the Bill.
I had the pleasure of meeting Rosamund, and I can only say that my heart goes out to the family and that it is the most awful situation.
My hon. Friend is making excellent points about the importance of air quality and the need for a much tougher approach from the Government, and I hope that, even at this late stage, the Minister will listen. Does my hon. Friend agree that a dramatic improvement in the Government’s approach to water quality is also important? There is a serious problem with sewage being swept into our rivers, notably in my area in Berkshire, which is downstream from a number of effluent works.
I do agree, and I am sure that that topic will be dealt with by my fellow shadow Minister, my hon. Friend the Member for Sheffield, Hallam (Olivia Blake), very appropriately when we debate the next group of amendments.
I want to share some of Rosamund’s letter to the Prime Minister, from which I quote:
“Ella was hospitalised 28 times in 28 months and admitted to ICU five times, fighting back from the brink of death. Her condition meant her lungs frequently filled with mucus, which made her feel as if she was constantly suffocating.”
I was disappointed to hear the Minister say today that she is delaying the consultation about air quality until next October, because that means that an additional 36,000 to 40,000 people in the UK could die prematurely every year owing to exposure to air pollution. Among them are between 22 and 24 children and young people who die from asthma every year, eight to 12 of whom live in London. The UK has one of the highest death rates from asthma in Europe, whereas in Finland, a country with better air quality, not a single child dies of asthma in a year.
As Rosamund goes on to say, the Environment Bill is our once-in-a-generation opportunity to ensure that children born now—including our own children—can grow up breathing safe, healthy air. Those are powerful words from a mother determined to ensure that no other parent experiences the loss of a child and no other child loses its life because the Government refused to act. Labour will not stop in the fight for cleaner air, and if this Tory Government will not act, Labour will. Let me make clear again that we will deliver a stand-alone clean air Act when we win the next general election.
As we have heard, this Bill creates the Office for Environmental Protection, but fails to give it the powers that it needs. A strong, effective and trusted OEP is, in the words of my noble friend Baroness Jones of Whitchurch, essential to underpin all the other measures contained in the Bill. As the OEP will be scrutinising and holding Ministers to account in respect of their compliance with environmental laws, rules and regulations, it is vital for the OEP to be strong and independent, and to engage properly with all devolved nations in our United Kingdom.
Neil Parish
It is a pleasure to speak to Lords amendment 1 and to this first group of amendments. I very much agree with the comments of the hon. Member for Newport West (Ruth Jones) on David Amess and James Brokenshire. They were great colleagues in the House and we miss them very much. I send my condolences to their families.
I wanted to welcome the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Bury St Edmunds (Jo Churchill), but I cannot do so at the moment because she is not here. She will be a great asset to the environmental team. I know that the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Taunton Deane (Rebecca Pow) does a great job, but I am sure that some help will be needed with this huge subject and I look forward to my hon. Friend helping her with it.
I welcome the progress of the Bill, and I appreciate the fact that the Government have been open and willing to engage on some of the issues raised. I have no doubt that the amendments put forward by the other place have shaped the Government’s thinking and will make the Bill stronger. The Government might not support the Lords’ amendments, but I urge them to take notice of them as the Bill is finally brought to fruition.
On another positive note, I commend the Government for setting up the interim Office for Environmental Protection. I also welcome the appointment of Dame Glenys Stacey as its chair, because I believe that she will do a very good job. I hope that the OEP will be able to improve the environment by ensuring that some cases can be settled before they even get to court. That will be a really strong role for the OEP. I also want to ensure that the independence of the chair and the OEP is maintained. I have confidence in the present Secretary of State, but we need to ensure that those offices are independent for all time. Soil health, including organic matter and soil erosion, are also important issues for the way forward, and we need to ensure that we get them absolutely right.
Lords amendment 3 would set out a stringent target for cutting PM2.5 and I completely agree with the intention behind the amendment. I want us to commit to matching the World Health Organisation limits by 2030, and as I said in a question to the Minister, the WHO is reducing those levels. However, the Bill as it stands includes a legally binding duty on the Government to set an air quality target by this time next year, October 2022. We have had a lot of consultation on this, and I urge the Minister and the Government to get on with it. I look forward to their setting that target, and if they do not have to wait until October 2022, please will they not do so?
My hon. Friend is making a powerful point. Does he agree that constituencies such as mine would be more reassured if the Government were to set up some sort of taskforce to pull together these various agencies? Funding is available to local authorities, but there is a lack of strategic focus to enable everything to be pulled together. That is something sensible that we could do to reassure people that the can is not simply being kicked down the road until next October or beyond.
Neil Parish
My hon. Friend makes an interesting point about a taskforce. Whether it is a taskforce or an individual, somebody needs to pull all this together to make sure that it actually happens. That is absolutely key as we move forward.
This is a very quick one. The hon. Gentleman and I share this passion, and he knows that a number of our towns are trying to make themselves sustainable under the United Nations sustainable development goals. Many councils now have a climate change emergency resolution and climate change commissions, but they do not quite know what to do. Does he agree that, given that we have all these groups in these towns and cities, we should go for 500 towns and cities in this country, such as Huddersfield, that are committed to becoming truly sustainable under the UN sustainable development goals?
Neil Parish
I thank the hon. Gentleman for that short intervention! We have taken evidence from the Mayor of Bristol. He talked about air quality, and he told us that the M32 comes right into the centre of Bristol, but the trouble is that the Mayor has little control over what happens on that motorway. That is why I very much agree with joining up what the Government and local authorities are doing across the country. We can do more, and there needs to be more urgency about it.
We must remember nine-year-old Ella, whose death was caused by exposure to air pollution. Her primary source of exposure was traffic emissions. We cannot have our children growing up in a world in which the air they breathe could potentially kill them.
On that note I stress that, although a broad reduction target could help drive improvements across the country, we also need strong limits on concentrations in particular hotspots. We need action on that quickly, as it would ensure that everyone benefits from a minimum level of protection. Without such action, people living in pollution hotspots could be left behind and existing health inequalities could be widened, so this is something we need to address.
The US and the EU are considering tightening their own limits. If we want to be world leading, we need an ambitious target and we need it quickly. However, I know this is a complex issue and the solution cannot be delivered overnight. It is one thing to set a target, but it is another thing to meet and deliver that target. Reducing overall air pollution needs a dramatic reduction in emissions from transport, homes and farming. I have no doubt that it will be difficult to do and that a proper, well-thought-out strategy is needed, but I know the Government are not afraid of setting ambitious targets.
Setting an ambitious air pollution target can also help to drive action to meet the Government’s commitment to net zero by 2050. Pollution from road transport, as well as from domestic and industrial burning, is also a cause of greenhouse gas emissions. We have an opportunity to tackle both climate change and air pollution at the same time, and we can help the planet and protect people’s health. I support a binding commitment to publishing a target after a full consultation, but I make it clear that this is an urgent issue and I will continue to hold the Government to account. October 2022 must be the absolute last point at which we set a proper target on reducing PM2.5 in law.
3:30 pm
Deidre Brock (Edinburgh North and Leith) (SNP)
I rise principally to speak to Lords amendment 29, but first I would like to associate myself with the shadow Minister’s remarks about James Brokenshire and Sir David Amess. I always very much enjoyed their contributions in the House, which I am certain we will all miss. I also add my deepest condolences to the family, friends and staff of those two much-loved and missed Members of this House.
The urgent drumbeats accompanying the global crisis that faces us have become near deafening. We all pin our hopes on COP26 and the possibility, even now, of real commitments and agreements on the dramatic actions that we all, as politicians and as people, have to face up to, but increasingly the mood music is not as positive as we would all like to see. Sadly I hae ma doots, as they say.
Consequently, although I will mainly be speaking to Lords amendment 29, I must highlight once again my disappointment at the sheer length of time this Bill has taken to get near the statute book. It is pretty shameful that it likely will not receive Royal Assent before COP26, the largest and most important conference of its kind in the world, and the largest and most important conference that the UK has ever hosted. There are still too many areas in which the Government continue to drag their heels. Here we are, scrambling to get this Bill through Parliament a few days before hosting the most important climate conference to date. What a way to show the rest of the world that the UK Government have their priorities in order.
I am disappointed that the Government continue to consider that the Ministry of Defence and the activities of the armed forces, of national security and of tax and spending are exempt from proper scrutiny, particularly when so much of our land and sea are affected by those activities. My own research, for example, found a pretty shameful safety record on the nuclear sites located in Scotland. That could well have impacted on the local environment, but it will clearly continue to be difficult to measure how effective the MOD is with regard to its environmental responsibilities.
I am also disappointed that England has not yet followed Scotland’s lead on a deposit return scheme and is so far behind on implementing one. Litter knows no borders, particularly on our shared coastline, as we know. This really matters.
The Government have taken a very relaxed attitude to the extensive number of munitions dumps scattered around our shores, which apparently do not need to be regularly checked. I point hon. Members to the decades it took to get the MOD to accept responsibility for the clean up of radioactive particles from the beach at Dalgety Bay in Fife for a further understanding of why we in Scotland do not think those exemptions should continue. As I understand it, exemptions were not part of the Climate Change Act 2008, so why are they part of this legislation?
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This Conservative Government’s approach to air quality has been ruled unlawful multiple times. Following Labour’s best efforts to amend the Bill in this place, the Lords succeeded in writing into it enforceable targets to bring air pollution below the harmful levels set by the World Health Organisation. The time for hot air from the Government Benches is over, and I encourage all colleagues—I am thinking particularly of the Chair of the Environment, Food and Rural Affairs Committee, the hon. Member for Tiverton and Honiton (Neil Parish)—to realise that now is the time to adopt a proper and comprehensive approach to cleaning our air in this Bill. Please come and join us, and let us get this done.
In raising the important topic of air quality, I want to pay warm tribute to Rosamund Kissi-Debrah for all her campaigning work in the wake of the avoidable, tragic and devastating death of her daughter Ella. I read the letter that Rosamund wrote to the Prime Minister today, and I agree with every single word that she said.
It is also beyond comprehension that since the Bill worked its way through both Houses, Ministers have actually weakened their own proposals for this new office. If that approach continues, the OEP will become a lapdog rather than a watchdog, and this will be simply another missed opportunity for the Secretary of State. It is because of that missed opportunity that Lords amendment 31 in the name of Lord Krebs, Lords amendment 33 in the name of Lord Anderson, and Lords amendment 75 in the name of our former colleague from South Down, my noble Friend Baroness Ritchie of Downpatrick, are so important. They strengthen the powers, reach and scope of the OEP, and they have our full support.
I thank Lord Teverson for Lords amendment 1, which requires the Government to declare a biodiversity and climate emergency. How can anyone disagree with that? I also thank Baroness Bennett for Lords amendment 2, which seeks to ensure that soil health and quality remains a priority area for environmental improvement; and, of course, I welcome Lords amendment 28 from Baroness Parminter. This amendment removes the exceptions in the Bill for policy making on defence and security, tax, spending and resource allocation from the requirement to have due regard to the policy statement on environmental principles. If the Bill is going to mean anything and if Ministers are serious about tackling the climate emergency, they will support those amendments today.
Lords amendment 12, in the name of Baroness Brown of Cambridge, is an important component of the fight to make this Bill fit for purpose. It seeks, very simply, to place a statutory duty on the Secretary of State to meet any interim targets that he or she sets. It is obvious why targets are required, and it is obvious why we need to be able to track our progress, monitor our focus and honour our promises. The amendment received cross-party support in the other place, and I hope that it will do so in the House today.
At every stage of this Bill, Labour has proposed fair, balanced and objective amendments that seek to make the Bill fit for purpose and, moreover, actually help us tackle the climate emergency and set out a real place to protect our environment and preserve our planet. I have said to the House before that we do not have time to waste: the climate crisis worsens each day, and real action is necessary. But that requires a strong Bill, not a half-hearted attempt that does not recognise, or match, the seriousness of the challenge in front of us.
Disappointingly for many in the sector and for the future of our planet, nothing in the Bill will stop the UK falling behind the EU on the environment and environmental standards. Over the past year, as well as dealing with the coronavirus pandemic we have seen fires raging across Australia, the US and the Amazon, at the same time as glaciers are melting away in the Arctic and Antarctic. We are seeing increasingly erratic and life-threatening weather patterns in our cities and rural areas alike.
This Bill needs energy and dynamism, and the amendments before the House today make a bad Bill better. I hope that Ministers will simply and finally do the right thing. They should accept these fair and balanced amendments from their lordships’ House, and I urge them to work with Labour to deliver a real plan to protect our environment and preserve our planet.
I would welcome some detail from the Minister on the timetable for the public consultation next year. When will it be launched, how long will it run and when will the results be published? This really is a pressing issue, so we cannot let that target date slip further. I would also be grateful to know whom the Government plans to consult on the targets. How will they engage with non-governmental organisations, businesses and the wider public? Will the consultation include the option to express support for matching WHO guidelines on PM2.5? Current UK limits are 25 micrograms per cubic metre. The WHO’s recommended limit is 10, and that was set in 2005. It has spent the last five years reviewing its guidelines and it has just updated them. This new limit is half its current limit, at 5 micrograms, which is five times lower than our current UK limit. I hope that the Government will consider any new WHO guidelines that have come out by the time of the consultation next year. I do not want to see us consulting on matching a target that the WHO set in 2005 and that is no longer relevant.
The WHO also confirmed last year that the guidelines should be the minimum goal. I would like that number to be as low as possible. These particulates are among the most dangerous pollutants. They are small enough to pass through the lungs into the bloodstream and into our organs, so ideally the legal limit should be zero, because there is no safe level of PM2.5. I know that this would be almost impossible, but bringing that number as low as possible would still mean saving thousands of lives. As we drive to achieve much lower carbon emissions in this country and across the world, we must remember that air quality affects our day-to-day lives. It affects people’s health every day and is potentially killing people as we speak.
We have to ensure that this is one of our great priorities. It is so important, because poor air quality is directly affecting people’s health and lifespan in some hotspots in this country. My hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) made the point that we need to concentrate on those hotspots by working with local authorities across the piece to deliver better air quality. When our Joint Committee comprising four Committees of this House looked into air quality, we saw that it was not just DEFRA, Transport and Local Government but virtually every part of Government that would help to deliver better air quality.
I have made those points before, so I will leave it there. As I have said many times, this Bill is principally concerned with English environmental issues. I am heartened by many of the amendments made in the other place, many of which we already observe in Scotland, including Lords amendment 3 requiring air quality measurements to be in accordance with WHO guidance. Although this Bill is properly a matter for English MPs to decide, I wish Opposition Members well in their efforts to retain many of the Lords amendments within this legislation.
Although those few aspects of the Bill that affect Scotland had previously received legislative consent from the Scottish Government, we now see that the UK Government have inserted Lords amendment 29 into the Bill without seeking consent from the Scottish Government. They were not even consulted on that change. Despite the grave concerns and objections expressed from Scotland since then about this move, the UK Government have clearly simply doubled down on pushing it through. So this Bill, like many post-Brexit Bills, which at first sight might appear to be centred on English-only areas, must be partly looked at through the lens of devolution.
In this Lords amendment, we see the UK Government simply not being able to help themselves. Instead of Ministers doing their jobs, focusing on the climate crisis and getting this Bill through in an appropriately urgent fashion, they have taken time out to undermine the powers of the Scottish Parliament. The UK Government could have simply included Scottish Ministers in decision making, but we are forced to go through this rigmarole instead, because, it appears, of nothing more than petty point scoring.
Surely effective environmental policy requires all of us to be working cohesively across these isles, which is why clear and consistent underlying principles are so important. They guide the actions of law makers and let the public know where we are going. The Scottish Government’s environmental guiding principles in the continuity Act, passed last year, underpin the environmental actions of the Scottish Government in a UK outside the EU. They are also meant to apply to UK Ministers in their reserve strategy. Lords amendment 29 contradicts the continuity Act by disapplying Scottish environmental principles and, yet again, undermining devolution. I have to say I cannot help but view the interference from this place in a devolved area, inserting an amendment to alter an Act already agreed to by the Scottish Parliament, as a hostile action. Reaching legislative fingers into legislation already passed by the Scottish Parliament, agreed to by the Scottish Labour party at the time, among others in that Parliament, and retrospectively altering that intention seems a deliberate, provocative and aggressive act. It clearly negates a decision made by our Scottish Parliament in a devolved area that should apply in all circumstances where actions impact on Scotland, whether they relate to a reserved area or not. I will be pressing Lords amendment 29 to a vote, and I hope others can support us against this infringement on devolved powers. I call on the UK Government to do all they can to deliver this Environment Bill in a way that is fit for purpose while also respecting devolution and the democratically elected Government in Scotland. It really is not as difficult as they imagine.
If this UK Government’s post-Brexit leadership hints at what is to come, I do not feel positive about environmental protections. I cannot put it better than the Institute for Public Policy Research report, which called the UK Government’s commitments to environmental standards “considerably weaker than expected”. The EU is one of the world’s leading bodies in the fight against climate change and our departure from it leaves us open to backsliding on environmental policy. As a member of the EU, the UK Government were being held to account and forced to match the EU’s high standards. Brexit threatens that. This Bill, unlike the Scottish Government’s EU continuity Act, does not include a non-regression clause.
The Bill states:
“The Secretary of State must report on developments in international environmental protection legislation which appear to the Secretary of State to be significant.”
That is not good enough. The climate crisis is too critical an issue for us to rely on the whims of one parliamentarian alone and keep our fingers crossed that they do the right thing. One Minister’s idea of a significant development may well not be another’s. It is also worth reminding ourselves that if the UK Government fail to match EU environmental standards and this affects trade or investment, the EU would legally be well within its rights to introduce proportionate measures, including tariffs, in response. The UK Government claim that they do not need to formally maintain EU rules because they will going even bigger and better, but can they be trusted to maintain EU standards now that no one is looking over their shoulder? When I was reading through the record of the debates in the other place, I was struck by what seemed a pretty obvious mistrust of Government assurances that extensive parliamentary scrutiny in itself would be sufficient to address the clear misgivings on the Government’s intentions in regard to this Bill. We all have bitter experience of the promises made by this Government about, for example, the scrutiny of trade deals, with the promised permanent Trade and Agriculture Commission still to be formed, despite trade deals apparently being under discussion around the world. It was therefore interesting to note the suspicion expressed by their lords and ladyships, which led them to vote on and agree the large number of amendments we are considering.
Scotland has the strongest climate targets in the UK and we lead the way in tree planting, the decarbonisation of public transport and, as I mentioned, matching WHO standards on air pollution. Environmental policy is all-encompassing and must be a chief consideration when we make energy, transport, investment and planning policies. It cannot be treated as an afterthought, with us working out merely how to implement the bare minimum of standards. The Scottish Government lead the way in environmental action in the UK and are truly committed to fighting climate change and environmental damage. I urge the House to consider this matter and vote for the removal of Lords amendment 29 from the Bill.