UK Parliament / Open data

Waste and Agriculture (Legislative Functions) Regulations 2022

I thank noble Lords who have contributed to this debate today. Now that we have left the EU, it is essential that our legislation reflects this new reality, and I shall try to address the questions that were put to me. On the first, put to me by the noble Duke, the Duke of Montrose, I simply emphasise that there is and has been very close co-operation between the Government and the devolved Administrations, and between the devolved Administrations themselves. Waste policy is devolved, but the current UK approach on, for example, ELVs, gives no indication so far that the DAs have any intention of diverging. If there are exceptions to that, I shall come back to the noble Lord, but I am unaware of them. It is also the case that some elements are regulated at the UK level—for example, end-of-life vehicles, which therefore applies across the board.

The noble Baroness, Lady Bakewell, asked some quite detailed questions about the percentage of batteries disposed of, where they are exported to, and so on. I shall not be able to answer all her questions, but I shall do my best to answer some of them. As she knows, there are certain labelling requirements for batteries. The powers here would enable exemptions from labelling to be put in place if necessary, but currently there are no exemptions in place. There are numerous portables exported to major EU destinations, including Belgium. However, to provide the noble Baroness with a comprehensive list we need to get data from the Environment Agency, and we will do so on the back of this debate.

The noble Baroness also asked about agricultural waste. The amendments in this SI effectively reinstate the definition of an appropriate authority; that is what it is about. It amends EU 2013/1306, the horizontal or cross-cutting regulations underpinning the CAP schemes, in so far as they relate to the organisation of common markets and rural development measures. Defra previously transferred secondary legislation-making powers in this regulation to the appropriate authority—that is, the Secretary of State and the devolved Administrations. The noble Baroness, Lady Jones, asked the same question. Through the unintended effect of three interacting statutory instruments, the definition of the appropriate authority was deleted, so the amendment will allow the Secretary of State and the devolved Administrations to use these already transferred secondary legislation powers to develop and refine the technical details required to operate rural development schemes and marketing measures. The Scottish Government have told us that they wish to use these powers to make a Covid-related derogation in inspection rates for new Scottish domestic agricultural support schemes early this year.

The noble Baroness, Lady Jones, pressed me in this area and asked whether it was a one-off. I think it is; I would like to say so. I cannot absolutely guarantee that I will not come back with more, but my understanding is that we are done now—this is the end. The error was identified in summer last year, and we have taken steps to make the correction that we are dealing with now at the earliest opportunity. I am reassured that there were no adverse steps that we are aware of. Neither Defra nor the devolved Administrations have sought to use the particular powers that we are legislating for today since we left the European Union, so this has not cost us in any way. It was an error, but the error is being corrected. The human explanation is simply that there has been a flurry of activity since we left the European Union, as the noble Baroness knows as she and I have dealt with much of it. I think it is inevitable that some errors were going to be made.

I know that the noble Baronesses, Lady Jones and Lady Bakewell, asked other questions, but I will have to go through Hansard and find them and give the specific answers they are looking for, rather than waste time now, because I did not catch all the questions while I was going through my papers. In any case, I will need to consult the experts. I hope I have covered at least the most serious questions that have been put to me by Members.

To conclude, I am grateful to noble Lords for both understanding and accepting the need for this instrument. It is small but crucial. The changes it makes to repatriate powers to the UK correct an accidental omission in a previous SI, and it is clearly something that has to be done. This instrument makes it possible to swiftly update many technical standards, criteria, thresholds and conditions in the field of waste management to reflect the latest developments and to ensure that our high environmental standards are maintained. It will also enable our agricultural legislation regarding the organisation of common markets and rural development measures to function as intended. Once again, I thank noble Lords for their contribution and support today.

About this proceeding contribution

Reference

818 cc411-2GC 

Session

2021-22

Chamber / Committee

House of Lords Grand Committee
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