Kerry McCarthy
MP for Bristol East · Labour · United Kingdom
“We see that in four main ways: physical risks, including floods, wildfires, droughts and storms; transition risks as economies move away from high-carbon industries; nature-related risks affecting food production and natural resources; and systemic risks, where shocks spread rapidly across sectors and markets.”
“The glaciers of the third pole function as Asia’s water tower, feeding major river systems that support nearly 2 billion people. When rising temperatures accelerate glacial melt, the consequences extend far beyond the mountains.”
“Following the heatwaves and wildfires across Europe this summer and the destruction caused by the glacier collapse and catastrophic flooding in Nepal and Tibet, the message is becoming impossible to ignore: the consequences of climate change and environmental degradation are real, not some distant future threat.”
“Personally, I cannot see that Rosebank is compatible with meeting our climate objectives, but I recognise that the process should be followed. Green Alliance has reported that the gas being wasted in the North sea would be enough to heat 570,000 homes.”
“I too worked in the financial markets, although I think I have done a better job of hiding it in my 21 years in Parliament. I was more on the debt market side. In fact, I am so old that I was part of the salvage operation for Barings bank when it went under. That brings me to the right hon. Gentleman’s point about regulation.”
“My hon. Friend will not be surprised to hear that I very much agree with the point that he just made. We have some excellent, innovative businesses in Bristol that came up through the Science Creates innovation hubs and attracted private capital.”
The complete record
Every one of 6,322 lines we hold for Kerry McCarthy, in date order, each linked to its source. Free to read, in full, without an account. Page 65 of 127.
“In the previous Parliament, I was a member of two Select Committees. I was on the recent chemicals inquiry. It is not just that Ministers have not got their heads around it and do not know where they want to go in terms of chemicals regulation, it is that they have not even had discussions with stakeholders. They have not even explored the issues. They are coming to it almost with a blank sheet of paper way after the referendum vote was held. A lot of these discussions should have taken place before we even had the referendum, so we could know what we were letting people in for. I welcome the Procedure Committee’s amendments, but they do not provide for enhanced scrutiny as such.”
“I think Hansard did record that the Environment Secretary nodded his assent, but I am not entirely sure that he knew what he was nodding his assent to.”
“The Minister said that Brexit would not have much impact on prices. I suggest that he speak to his former Conservative colleague Laura Sandys, the head of the Food Foundation, which has said that Brexit could mean an increase of £158 a year in what the average family spends on fruit and veg. Will he ensure that the horticultural sector, which has been much neglected by successive Governments, is given the priority that it deserves in the agriculture Bill?”
“It is 12 years since I visited Ma’ale Adumim, a huge settlement just outside Jerusalem that is now home to 41,000 people. Emboldened by Trump’s decision, the Israeli Parliament is for the first time introducing a law to annex that settlement. Does the Minister agree that the legitimisation of a settlement built illegally on Palestinian land is a very dangerous move? Will he join me in condemning it?”
“Since 2012, two thirds of Britain’s total waste plastic exports have been shipped to China and Hong Kong. From January, that is going to stop—China is going to ban those imports. May we have an urgent statement from the Environment Secretary about where we are going to send our plastic waste in the new year?”
“Shelter has found that in the past year developers have used viability assessments to wriggle out of building more than 2,500 affordable homes to rent or buy, including 200 in Bristol. Will the Minister take steps to remove that loophole when he rewrites the national planning policy framework next year by, removing the reference to the need for a competitive return?”
“T4. The Surrey Vaults in Bristol has become the latest small music venue to close because of noise complaints. Can the Minister tell us how discussions are going with the Secretary of State for Digital, Culture, Media and Sport about plans to introduce an agent of change principle into planning law so that small music venues are able to stand up to developers?”
“On behalf of my constituent and all those in the deaf community who have benefited or stand to benefit from that scheme, I implore the Minister to listen to what is being said, remove or raise the Access to Work cap, and once again lift the ceiling on the career aspirations of those who are deaf or hard of hearing.”
“That means he will be unable to do his job effectively. Access to Work revolutionised deaf people’s career opportunities, shattering the glass ceiling that previously limited them to manual jobs. It is largely due to Access to Work that deaf people have progressed as far as their talent allows. There are now deaf chief executive officers, deaf intermediaries working at the Ministry of Justice, deaf theatre directors and deaf social workers. Yet research conducted earlier this year by DeafATW found that the cap on Access to Work grants is already having a detrimental effect on the deaf community. We heard the figures from my hon. Friend the Member for Poplar and Limehouse.”
“Although that may be enough support for some people, for others it is not. I was contacted about this debate by a deaf constituent who uses British Sign Language and works as a disability adviser at an education establishment. Access to Work helps him participate fully and equally at work by paying the cost of communication support—namely, British Sign Language interpreters. Such support is inevitably expensive —it is necessary to pay people’s wages—so it is unlikely to be classed as a reasonable adjustment for his employer. At the moment, he can access those interpreters’ support throughout his working week. The cap means that he will be able to book interpreters for three days a week at most, leaving him with two days when he will not be able to communicate with his colleagues and clients.”
“Friend the Member for Poplar and Limehouse, Access to Work enables many disabled people to overcome work-related obstacles by providing practical advice and support, and grants towards extra employment costs that cannot be met by employers as reasonable adjustments. A Government review in 2004—some time ago—suggested that for every £1 spent on Access to Work, £1.48 was generated for the Treasury. I am deeply concerned about the effects of the cap on Access to Work grants that the Department for Work and Pensions imposed for new claimants in 2015 on the career prospects of deaf and hard-of-hearing employees. That cap is due to come into force for existing claimants in April next year. It is currently set at £42,100 per year, which is one and a half times the national average salary.”
“Some services have stepped up to the starting blocks by signing up to the scheme, such as St Michael’s Hospital in Bristol which serves my constituents, and a few are nearing the finish line and accreditation, but too many are not taking part at all. The National Deaf Children’s Society, through its Listen Up! campaign, is calling on the Government and NHS England to make assessments of children’s audiology services mandatory and for information from these assessments to be publicly available. I support that campaign and implore the Government and NHS England to implement changes to help ensure that deaf children get the quality of service they deserve. That could make so much difference to their future life chances. The second issue is the cap on Access to Work grants. As we heard from my hon.”
“Despite that, the Government have stopped mandatory inspections of services, instead replacing them with the improving quality in physiological services accreditation programme. Since the voluntary programme started in 2012, only 15% of children’s audiology services have achieved IQIPs accreditation. That means that 85% cannot guarantee that their service is good quality. That lack of transparency is unacceptable and leaves far too many families in the dark about the quality of their child’s audiology service. Obviously, it is of immense importance to parents that their children have access to good services.”
“It is a pleasure, as always, to see you in the chair, Mr McCabe. I thank my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) for securing this important debate. The contributions so far have been fantastic. There are two issues in particular that affect deaf and hard-of-hearing people that I wish to raise today: the accreditation of children’s hearing services, and the cap on the Access to Work scheme grants, which have already been mentioned. There are more than 50,000 deaf children across the UK and an estimated 794 deaf children in the Bristol area alone. For those children, high-quality audiology services are vital to carry out tests, fit and maintain hearing aids and provide rehabilitative support.”
“A braver Chancellor would have acknowledged that, put up his hand and admitted that he had got it wrong and chosen to invest in our councils, in our schools, in our colleges and in our nurses and police. The Budget was a failure.”
“Another example is St Brendan’s, a sixth-form college in my constituency, which was commended for its financial management by Ofsted in February. The principal is now telling me that he cannot go on like this. Sixth-form funding has been frozen at £4,000 per pupil since 2015—a real-term cut of more than £200. He is determined not to cut the curriculum, as many school sixth forms have been forced to do. This Government pay lip service to social mobility, but in truth they are squeezing young people’s life chances and denying them educational opportunities and the extra-curricular support they need. The economic picture revealed by the Chancellor in his Budget shows us that austerity is not working.”
“They have been widely commended for the way in which they went about making those savings. Despite the loss of more than 600 officers since 2010, because of the cuts, neighbourhood policing was protected. The police and crime commissioner and chief constable said that the reward for all their work was to be told by the Government that they needed to come up with another £17 million of savings. They were here to tell Ministers that it simply cannot be done. They will not be able to provide the police service that the public expect and deserve if these cuts go ahead, but the Government are not listening to them, and there was not one mention of policing in England and Wales in the Chancellor’s speech.”
“For nurses, who have seen a real-terms drop in their earnings of 14% since 2010, this Budget offered nothing. What I am hearing from those charged with delivering essential public services in Bristol is that we simply cannot go on like this any longer. Bristol City Council is having to find more so-called savings worth £100 million over the next five years. Non-statutory services are being cut to the bone. What was particularly shameful was the complete failure by the Chancellor to mention social care, which accounts for close to a quarter of the council’s budget. Avon and Somerset’s police and crime commissioner and chief constable were in Parliament last week. They did all they could when faced with Government demands for savings worth £66 million: modernising the way they conduct policing and streamlining their operations.”
“On a positive note, I welcome the proposed tax on single use plastic packaging. We know the huge environmental damage that is being done and, at the moment, there is little pressure on producers to reduce resource use and to make their packaging recyclable. It is left to local councils to clear up the mess and to local taxpayers to foot the bill. I am afraid that that is about the only thing in the Budget that I feel inclined to welcome. Figures show that the public sector pay cap has reduced the disposable income of workers in my constituency by more than £45 million since 2010. Last week, I met representatives from the Royal College of Nursing to hear how low pay is causing a recruitment crisis: applications to study nursing have fallen by almost a quarter this year, at a time of acute staff shortages in the NHS.”
“Some 99% of UK Export Finance spending on energy goes on the most polluting fuels. Does the Minister consider that his Department is exempt from the Government’s commitments under the Paris climate change treaty?”
“The recent prosecutions of the Government under clean air laws, for example, might not have been possible if the Francovich duty were not enshrined in law. The result of the Bill, as drafted, is that, the day before Brexit, people will have the right to claim damages from the Government for the harm they suffer, but there is a danger they will not have that right the day after Brexit.”
“I understand that the much delayed 25-year environment plan may be with us in the first quarter of next year, a fisheries Bill is coming from the Department for Environment, Food and Rural Affairs and the agriculture Bill is due, I think, after the summer recess. If the Government are going to introduce an environmental protection Act before exit day, they will have their work cut out for them. I would be grateful to hear a bit more about that.”
“The debate on day two saw a degree of political consensus emerging around the value of environmental principles such as the precautionary principle, as well as in other areas, particularly the Environment Secretary’s mooted plan for a new independent body to hold the Government to account. I hope that when we consider the governance gap on a future day, we will hear more about his plans for that body. I think we also got confirmation from the Environment Secretary, although it was only a nod from a sedentary position, that he intended to follow the Environmental Audit Committee’s recommendation and introduce an environmental protection Act. I hope that we will hear more about that and the timetable for it.”
“The Environment Secretary has encouragingly said that the UK should say no to chlorine-washed chicken from the US and that we are “not going to dilute our high food-safety standards or our high environmental standards in pursuit of any trade deal”. But as was pointed out during last week’s debate, the environmental principles set out in the EU treaties have been instrumental in decisions such as the EU ban on imports of hormone-fed beef, the moratorium on neonicotinoid pesticides, and the control of the release of genetically modified organisms in the EU.”
“So far in Committee, Ministers have been very fond of asking us to take their word for it, but I am simply not prepared to do that: I want to see what these policies would look like. Will the Minister also explain the Government’s objection to the idea of having internationally recognised principles of environmental law enshrined in UK statute? The Government could include the basic principles in UK law by accepting my amendments. Not least, that would provide us with much needed reassurance that the Environment Secretary will win out against the International Trade Secretary in ensuring that future trade deals with countries such as the US will not lead to imports of chlorine-washed chicken and hormone-pumped beef on our shelves.”
“It also makes it clear that the key environmental law principles in article 191 of the Lisbon treaty are retained. Amendment 101 therefore expands the meaning of general principles to specifically include the environmental principles. Following on from that, amendment 105 seeks to retain the right of action in domestic law for the public to hold the Government to account for their breaches of the principles. I know that the Government are proposing an environmental principles policy. I have lots of questions about how that would operate—whether it would be on a statutory footing and so on—but at this stage I ask the Minister to confirm whether they will publish at least an outline version of what that principles policy would look like while there is still time to consider it and its implications for this Bill.”
“In the previous debate, some of my colleagues argued very eloquently as to the importance of judicial review in environmental cases but also highlighted the fact that it is often inadequate, and increasingly so, given the cap that is imposed. Paragraph 3(2) would further narrow the scope of judicial review and make it harder for the public to hold the Government to account. As discussed last week, it is vital that the courts are able to enforce the environmental principles. Amendments 101 and 105 speak to those points. Amendment 101 clarifies that all existing principles of EU law will be retained in domestic law, whether they originate in the case law of the European Court, EU treaties, direct EU legislation or EU directives.”
“If environmental principles are not explicitly recognised as general principles, they could be lost entirely. I hope that the Minister can give us a bit of clarity on that. Paragraph 3 of schedule 1 explicitly limits the legal remedies available when general principles are contravened. Under this paragraph, UK courts will no longer have the power to disapply domestic legislation on the grounds that it conflicts with these general principles. They could only be used like the pre-exit case law of the CJEU to inform the interpretation by UK courts of retained EU law. Paragraph 3(2) therefore appears to narrow the scope for judicial review that currently exists.”
“Only those principles will be retained in domestic law; others will not, even if recognised in treaties. In the debate on day two, the Minister said in response to new clause 28 that this was because we needed a cut-off point and could not have ongoing interpretation of directives that would affect the situation in the UK. However, I would argue that there is still a real lack of clarity, and a danger that if we allow only principles that have been litigated on to apply after exit day, the non-controversial ones that people do not have a problem with will end up falling away, while only the controversial ones are retained. It is also unclear whether these general principles include environmental principles, as the term “general principles” has not been defined by the ECJ or by the treaties.”
“I say that by way of clarification, because I think a lot of people are trying to follow the debates in this Chamber during the Committee stage, and they are perhaps wondering what on earth we are talking about, so I am trying to make things as simple and as clear as possible for the public out there—and perhaps for some of us in the Chamber as well. That is the situation while we are members of the EU. Post Brexit, though, schedule 1, as I interpret it, places unnecessary and unjustified restrictions on how these principles will be applied. That is what my amendments seek to rectify. Paragraph (2) states that retained principles will be only those that have been recognised or litigated by the Court of Justice of the EU in a case decided before exit day.”
“It is a pleasure to see you in the Chair, Mr Hanson. I rise to support amendments 101 and 105, tabled in my name. They relate to the debate we had about environmental principles on day two of the Bill’s Committee stage, and particularly about new clauses 60 and 67, and new clause 28, which I also tabled. As it stands, UK laws that arise from EU laws such as regulations and directives and that do not comply with the general principles of EU law can be challenged and disapplied. Administrative actions taken under EU law must also comply with the general principles.”
“The hon. Gentleman talks as if it was an entirely unilateral decision on our part what tariffs and trade agreements we have. We have to get out there into the wide world and try to negotiate these trade agreements. Does he not acknowledge that we are in a much weaker bargaining position than we were when we were negotiating those as part of the EU?”
“I rise to speak to my new clause 25, which has cross-party support. The Minister has already praised me from the Dispatch Box for the clarity with which I have spoken to it, but I can reassure him that now this really is me doing so. I also support new clauses 55 and 58. All these new clauses relate to retaining enhanced protections after exit day. As will be evident from other measures I have tabled, including new clause 28, which is in today’s second group, my main concern is retaining the valuable environmental protections that flow from our EU membership. However, of course, employment rights, equalities, and health and safety standards, as set out in new clause 58, which was tabled by Labour Front Benchers, are also vital, and the same arguments apply to them.”
“The Environmental Audit Committee recommended, after its inquiry into the future of the natural environment post Brexit, that the Government bring forward an environmental protection Bill in order to do just what the right hon. Gentleman says, but there is no sign that the Government are prepared to do so. In the absence of such legislation, does he not think that the second-best option would be to protect the environment by supporting new clauses 60, 67 and 28, which are on the table today?”
“and learned Member for Beaconsfield was struggling to get his head round some of the language in clause 4. He is a far more distinguished lawyer than I ever was, and I hope that between us all we can perhaps bring some clarity to it by the end of this process. I am sure that if we do not succeed in doing so here, those in the other place will have something to say. The aspects of environmental law that could be lost include reporting and reviewing obligations that are crucial in ensuring that the law is complied with and up to date. Without reported data, for example, ClientEarth would not have been able to hold the Government to account on air pollution. We would also lose obligations on the Government to meet various energy performance targets.”
“There are legal obligations that will not be retained because they can be found only in EU directives and not in the domestic legislation that transposed those directives. Sometimes, that is because the directives have been incorrectly or incompletely transposed. There is also an issue in that the preambles to directives, which can be important in setting out their purpose and linking them with overarching legal principles and international obligations, will not have been transposed into UK law either, so they will not come over with the conversion. Clause 4 may appear to deal with transposition but, as has been said, because of the inexplicable and unnecessary restrictions in subsection (1)(a) and (b), important aspects of environmental law would be lost. I was reassured to hear that the right hon.”
“I am grateful to the Minister for thoroughly demolishing my arguments in advance of my having the chance to make them. It is not my intention to press the amendments to the vote, and I will reflect on what he said and consult with the lawyers I have been working with on the amendments, but I will outline my understanding of what the Bill means and what the amendments would improve. The White Paper assured us that the Bill means that the whole body of existing EU environmental law will continue to have effect in UK law, and the Prime Minister promised us that the same rules and laws will apply on the day after exit as on the day before, but that is simply not the case, because the Bill does not properly capture and convert all EU environmental law into stand-alone domestic law.”
“It is a pleasure to follow the right hon. Member for Newbury (Richard Benyon), who is very committed to protecting the environment and did an excellent job as a Minister. On a future day, we might consider a new clause tabled by the hon. Member for Brighton, Pavilion (Caroline Lucas) that specifically deals with the governance gap. I hope that when we debate it we hear more from the Government about exactly how this agency will work, because at the moment it is only a vague proposition. It looks to be heading in the right direction, but I have a lot of questions about how it will work. I shall speak to amendments 93, 94 and 95, and new clause 28, which stand in my name. The new clause covers similar ground to new clauses 60 and 67, on environmental principles, but I want first to speak to the amendments.”
“There is also a real issue about what this means for local people who want to challenge the Government—we may cover that in a different debate.”
“There are various different aspects to what right we will have to pursue court cases and judicial review once this law comes into effect. We discussed some of those when we talked about the role of the European Court of Justice, the governance gap and the fact that if breaches of the law are not enforced, monitored and measured, it can be very difficult to bring court cases as well. There is real concern about how the Government are restricting legal aid for environmental judicial review cases. Community groups really rely on this law—it is not just for groups such as ClientEarth, which is well supported and has been able to take the Government to court on air pollution three times and has instigated other proceedings.”
“The Minister may dispute this, but my interpretation is that the result will be that contentious aspects of law will be retained, but those that have never been litigated, perhaps because they are really obvious and incontrovertible and no one has seen the need to challenge them—the ones that everyone accepts—will be the ones at risk, which seems a little bizarre.”
“My hon. Friend is quite right. It is about the removal of the cap on costs as well, and the fact that local people bringing these cases might find themselves liable to a huge financial burden if they are not successful. Amendment 93 removes clause 4(1)(b), which restricts rights in clause 4 to those which are “enforced, allowed and followed accordingly”. Amendment 94 removes clause 4(2)(b), which excludes rights arising under EU directives that have not been adjudicated by the courts before exit day. There is no explanation as to why only rights that have been litigated on or enforced are carried over.”
“Public authorities must take it into account, but they need not follow it if it conflicts with other priorities.”
“That creates a problem. I should be grateful if the Minister could clarify another issue that was mentioned earlier by the hon. Member for North Down (Lady Hermon). “General principles” seem to specifically exclude environmental principles. When the Environment Secretary gave evidence to the Environmental Audit Committee last week, he said that the principles could best be enshrined in UK law through guidance. Although we know that, in some cases, the precautionary principle has been enforced in the UK courts in relation to planning issues, that does not mean that it would apply more broadly than it does now. What we currently have is not simply guidance. For the principles to have equivalence on exit day, they must be placed in domestic legislation. Laws are binding, but guidance is only guidance.”
“Those principles are currently part of the body of EU environmental law in the treaty on the functioning of the European Union, and are also contained in a wide range of legal agreements to which the UK is party. They guide decision making, and provide a basis for legal challenge in court. Richard Benwell of the Wildfowl & Wetlands Trust has said: “Take out principles like precaution and polluter pays and you rip the heart out of environmental law.” NC28 would ensure that public authorities carrying out their duties must have regard to environmental principles that are currently enshrined in EU law. Schedule 1 states—the Minister touched on this—that “There is no right of action in domestic law” post-exit “based on a failure to comply with” EU “general principles”, other than those that have been litigated on by the European Court.”
“When the Government say that the Bill will ensure that the whole body of existing environmental law continues to have effect, that should mean not just specific substantive obligations but the broad and comprehensive framework in which those obligations are embedded, including the principles that underpin and aid the interpretation of environmental laws—such as the “polluter pays” principle, which states that those responsible for damaging our environment must pay, and the precautionary principle, which states that if there is a suspected risk that a policy could cause severe harm to public health or the environment, we should not proceed with it.”
“New clause 28 concerns the enshrining of domestic principles in domestic law, which was referred to by my hon. Friend the Member for Greenwich and Woolwich (Matthew Pennycook) and with which I am sure my hon. Friend the Member for Wakefield (Mary Creagh) will deal shortly.”
“For example, the Royal Society for the Protection of Birds points to article 10 of the birds directive in relation to the marine environment, which requires Governments to carry out research and other works to inform our efforts to protect wild birds. That goes back to what I was saying earlier—that it is not possible to enforce environmental protections properly without monitoring to ascertain the scale of the problem. The requirement to carry out research has not been transposed into domestic legislation, which means that, for instance, a new seabird census is long overdue. The Royal Society for the Protection of Birds was able to take that as a complaint to the European Commission, but there will clearly be a different scenario after Brexit.”
“I can only invite the Minister to intervene on me at some point before I finish this speech and give a bit more clarity. I am glad that another superior intellect is as baffled as I was by that provision. Amendment 95 adds wording that attempts to deal with the poor transposition of EU law, so that if retained law is found to have been incorrectly or incompletely transposed, there would be a statutory obligation on Ministers to make the necessary modifications to correct that. It says that until that piece of EU law is fully and correctly transposed, the EU directive itself can still be relied on. There are some clear examples of where we have not correctly transposed EU directives.”
“I believe that only by enshrining those principles in UK law can we give the public confidence that they will be upheld.”