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Environment Bill - Sitting 19
19 November 2020
Type
Public Bill Committee
At a Glance
Issue Summary
Daniel Zeichner is moving an amendment to Clause 98 of the Environment Bill, proposing that the Secretary of State produce a strategy for developing a Nature Recovery Network and publish guidelines for reviewing local nature recovery strategies. The statement discusses the omission of tree planting regulations from a section titled 'Tree felling and planting' in the Environment Bill. The statement discusses the importance of including a statutory tree strategy in the Environment Bill to address climate and nature crises. The statement discusses the inclusion of clauses related to protecting street trees and addressing illegal felling in the Environment Bill. The statement discusses the introduction of conservation covenants in the Environment Bill to ensure long-term conservation management of land. The statement addresses a clause in the Environment Bill concerning the annual reporting requirement for responsible bodies regarding conservation covenants. The amendments aim to ensure that future regulations for single-use plastic item charges align with and do not diminish the standards set by the REACH regulation. The statement addresses the UK's decision not to seek associate membership in the European Chemicals Agency (ECHA) and instead recreate its own chemical regulations post-Brexit. The speaker discusses the UK's approach to REACH regulations post-Brexit, highlighting concerns about duplicating EU regulations and the potential economic impact. Daniel Zeichner discusses the importance of maintaining high standards in UK REACH regulations and opposes changes to the existing framework. Daniel Zeichner is discussing the potential weakening of chemical regulations under REACH and questioning the intent behind allowing such flexibility in future amendments. The statement addresses concerns about potential changes to protected provisions in REACH through the Environment Bill, particularly regarding amendments that could be seen as undermining the principles of the regulation. MP Alan Whitehead is proposing amendments to ensure that decisions in chemical regulation are based on scientific evidence and advice. The amendment seeks to require the Secretary of State or relevant devolved authority to publish transparent reasons for decisions made under UK REACH regulations. MPs are discussing amendments to protect certain articles of UK REACH from being amended by the Secretary of State under the Environment Bill. Alan Whitehead is moving an amendment to remove subsection (1)(b) from clause 127 of the Environment Bill, which allows for different provisions for different purposes or areas. The statement addresses letters concerning resource efficiency requirements and the impact of new burdens on local authorities.
Action Requested
Zeichner requests the Secretary of State to undertake mapping and planning work necessary to develop a national habitat map and to set out a process for review and approval by Natural England to ensure that each Local Nature Recovery Strategy contributes adequately to the delivery of a national Nature Recovery Network. The amendment is voted down, but Zeichner expresses his concerns about the efficacy of the current provisions.
Key Facts
- Amendment 146 aims to add requirements for the Secretary of State to produce a strategy and publish guidelines for local nature recovery strategies.
- The Government's proposal includes publishing an environmental improvement plan and establishing a national habitat map.
- Natural England will play a key role in supporting the establishment of local nature recovery strategies.
- The Bill's section 'Tree felling and planting' only addresses tree cutting down but not planting.
- There are no amendments in the group for discussion.
- The Prime Minister’s 10-point plan highlights tree planting as crucial for net zero targets.
- Tree planting requires extensive care, management, and stewardship to ensure carbon sequestration goals.
- The government has committed to planting 30,000 hectares of trees annually by 2025.
- An England tree strategy will be launched in spring 2021 following extensive consultation.
- The Woodland Trust supports putting an English tree strategy on a statutory footing.
- Clause 101 places a duty on local highway authorities to consult before felling street trees.
- The penalty for illegal felling will be increased to an unlimited fine.
- Court powers will be enhanced to compel replanting of illegally felled land.
- Potential buyers and new owners of illegally felled land must be made aware of their obligation to replant.
- Conservation covenants are private agreements entered into voluntarily.
- They cover conservation of natural or heritage features of the land.
- They can bind subsequent landowners for lasting benefits.
- Applications to be designated responsible bodies will be assessed by the Secretary of State against published criteria.
- The clause requires responsible bodies to report annually to the Secretary of State.
- Reports must state whether any conservation covenants were held during a relevant period, including number and area covered by each covenant.
- Regulations can be made to require additional information if needed in the future.
- Amendments 3, 187, 198, and 174 aim to protect or enhance chemical regulation standards.
- The amendments seek to prevent regression in protections as defined by REACH Regulation articles and annexes.
- Specific attention is given to the precautionary principle under Article 1(3) of the REACH Regulation.
- The UK government decided to recreate its own series of REACH regulations instead of seeking associate membership in the ECHA.
- The EU's REACH regulations have been a substantial achievement with over 23,000 chemicals registered in the European database.
- Close harmony on chemical standards across Europe is beneficial for safety and environmental protection.
- Estimated cost of accommodating new duplicate UK regulations: £1 billion.
- Database recreation in the UK will take six, seven or eight years to be comprehensive.
- New clause 11 seeks to ensure regulatory parity with EU chemical regulations and associate membership for the UK in ECHA.
- Daniel Zeichner opposes changes to the UK REACH regulatory framework.
- Amendments 187, 3, 198, and 174 aim to protect environmental standards.
- New clause 11 seeks dynamic alignment with EU chemicals regulations.
- Daniel Zeichner supports Alan Whitehead's amendment.
- The amendment seeks to remove sub-paragraph (4) from schedule 19 to prevent future removal of protected REACH provisions.
- There is concern that current protections may be easily amended or removed by future governments.
- The table in paragraph 6 of schedule 19 lists different articles relating to protected provisions.
- Article 35 covers workers' access to information on chemical safety from their employers.
- Articles 31 and 32 apply only to substances such as individual chemicals and mixtures, not to substances in articles like electronic equipment.
- The ECHA has an annual budget of approximately £100 million with 400 staff, while the UK government has promised only £13 million.
- Amendments 227 and 228 aim to ensure decisions in chemical regulation are based on strong science.
- Rebecca Pow agrees with the importance of science but argues that bypassing the agency's expert assessment could lead to undesirable consequences.
- The Committee voted against both amendments.
- Amendment 229 aims to mandate transparency in decision-making processes.
- Paragraph 5 of schedule 19 outlines consultation requirements with timely publication of responses.
- The affirmative procedure will apply to legislative changes resulting from consultations, providing higher levels of explanation and scrutiny.
- Amendments aim to protect specific articles of REACH from amendment by the Secretary of State.
- Articles 26, 27, 30, 32, 33, and 34 are proposed for protection.
- These articles deal with public access, transparency, supply chain communication, and animal testing alternatives.
- Amendment 149 seeks to remove subsection (1)(b) from clause 127.
- Subsection (1)(b) allows for different provisions for different purposes or areas.
- Clause 127 sets out scope and procedures for regulation-making powers.
- Letter from Rebecca Pow to Dr Alan Whitehead regarding Resource efficiency requirements (Schedule 7).
- Letter from Rebecca Pow to Daniel Zeichner regarding new burdens on local authorities (Clause 54).
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