1. Questions to the Minister for Environment, Energy and Rural Affairs – in the Senedd at 1:39 pm on 20 February 2019.
Questions now from the party spokespeople. The Plaid Cymru spokesperson, Llyr Gruffydd.
Thank you, Llywydd. Minister, we're a matter of weeks now away from leaving the European Union. As things stand, it seems that we may leave without an agreement or a transition deal even. This, of course, places a clear threat to the environment in Wales, and to our rights as citizens. Because, to date, we haven't seen any Welsh Government proposals on the environmental governance structures that will exist in Wales post Brexit. Now, you promised a consultation back in the summer of last year, then in the autumn, then in the new year, and we're now approaching the end of February and we're still waiting, and, of course, the Brexit clock is still ticking. That lack of progress is scandalous, if I may say so, and, of course, it could be disastrous to the environment here in Wales. Will you, therefore, confirm to this Senedd when we will see that long awaited consultation on environmental governance? And when will the Government, at last, outline your intention in terms of legislation? And how will you introduce emergency measures in a 'no deal' Brexit scenario?
Well, I'm very interested in the use of the word 'scandalous' and 'leaked letter' might come to mind, having looked at your website this morning—Plaid Cymru's, not the Member himself. I don't think it's scandalous. We've done a huge amount of work. You're quite right about a 'no deal' Brexit. I take that threat very, very seriously, and I will be bringing forward the consultation. You've got to appreciate our environmental gap is very, very different to any other part of the UK because of the legislation that we've already had in place, but I will be bringing a consultation forward next month.
Well, I have to appreciate some things, but I think you need to appreciate as well that you've had well over two years to get ready for this, and now we've got 37 or so days left until we leave the European Union, until our environment is exposed to all of these threats that many of us are concerned about. Our current environmental governance structures through the EU provide a free and accessible mechanism for every citizen to pursue potential environmental infringements by their governments or public authorities. There's nothing even close to the scope and power of the EU Commission and the Court of Justice of the European Union in this area that currently operates here in Wales. So, the question is: where do we turn after Brexit?
I was concerned to see you recently implying in a letter to the environment committee that the Public Services Ombudsman for Wales provided mitigation for these complaints. Our existing European structures also, of course, monitor compliance, and they can fine, they can instruct remedial action where infringements are identified. The ombudsman doesn't do that. Given this significant gap, and given the possibility that from the end of next month people in Wales will be stripped of their rights to challenge Government in these ways, how will you ensure that the rights of Welsh citizens, the protection of the Welsh environment won't be diminished after Brexit? And when will we see an equivalent monitoring and enforcement structure created, which has the power to monitor compliance, to receive complaints and to require the Welsh Government and public authorities to take remedial action and to do all of that, of course, from a wholly independent standpoint?
So, I want to ensure our response to addressing the gaps in the functions that are undertaken by the EU Commission currently. And you are right—there will be gaps but, as I say, they will be much, much smaller than in other parts of the UK. But I want to make sure that it not only helps to maintain and enhance our environment, but it's one that's consistent with the devolution settlement and it complements our existing accountability mechanisms. The public services ombudsman is one of them, the Future Generations Commissioner for Wales is another one, the Assembly itself is another one.
I'm also having ongoing discussions with the UK Government on its proposals. They are publishing their draft provisions sometime towards the end of this year. Again, those draft provisions are required by the withdrawal Act, and that includes sustainable development as a principle. But I've made it abundantly clear that I don't want to see any diminution of sustainable development or of our environmental standards here in Wales.
But why is it taking so long? I say again, you've had over two years to ready yourself for this. It seems to be tomorrow and tomorrow and tomorrow. Maybe we should call you the 'maniana Minister', because where is the finishing line on this? Well, I'll tell you where it is: it's in 37 days time when we leave, potentially, the European Union, and without these arrangements in place our environment will be exposed to all kinds of threats and our citizens will have their rights in that respect diminished.
Now, the current environmental principles and associated rights, of course, apply to all public authorities and all Government decision making. But, without action, that will not be the case after we've left the European Union, even in areas where the Welsh Government has previously legislated for some principles, albeit in a much narrower and now, I believe, wholly inadequate scope within, for example, the Environment (Wales) Act 2016, and the Well-being of Future Generations (Wales) Act 2015. They've moved in England to legislate for nine principles and rights in their principles and governance Bill. All we have in Wales, with days until Brexit, is a blank piece of paper. There are no excuses for this, Minister. You've had plenty of time to get ready for this eventuality. So, how will you ensure that there's no regression in the scope of how these environmental principles and rights apply from the very moment at which we no longer fall under the remit of existing EU structures?
As I said in my earlier answer, I'll be going out to consultation next month. You say we've had two years, but you have to appreciate the level of work that Brexit has brought to the Government. The 'no deal' scenario I am taking very, very seriously, I think, as the days tick by—you're quite right. We will be going out to consultation. I've been working very closely with stakeholders since the referendum around this, but I don't want to pre-empt any consultation. But I do state again: we do have legislation in place in a way that other parts of the UK don't.
Conservatives' spokesperson, Andrew R.T. Davies.
Thank you very much, Presiding Officer. It is good to hear from the Plaid Cymru benches that the Conservatives in Westminster are taking action on the environment and I hope that the Minister will listen to the complaints this morning about the delay in her putting her own proposals forward.
But, in talking about delays, I really do want to ask the Cabinet Secretary if she could indicate when she will actually be making a decision on the environmental impact assessment that she was minded to, or her deputy was minded to, instruct on, regarding the Barry biomass boiler, because this now has been going on for over 12 months. The 14 February last year was when the Deputy Minister said that the Government was minded to instruct that an EIA be undertaken by the developer. When we talk about action not being taken and when people in a community listen to those statements, they expect action. We are now over 12 months on, and no action. So in that folder, I very much hope that you can give me a definitive date as to when you will be telling us that that environmental impact assessment will or will not be required.
I'm afraid I don't have it in my folder because that decision is still being taken by Hannah Blythyn.
You must agree, Minister, that that is completely unacceptable, 12 months on from when it was first announced that the Government was minded to instruct the developer to undertake an environmental impact assessment. We're 4 months on from when the then First Minister sent me a letter indicating that a decision would be taken by the end of November last year. Residents and Members of this institution are still waiting. How much longer do we have to wait? What pressure then will you bring to bear on Hannah Blythyn in her new role, who's obviously taken this responsibility with her, because I was of the opinion that it still resided with you, but clearly that's not the case. So, what pressure will you be bringing to bear to get that decision made? You were quick enough to make a decision on the Hendy windfarm in mid Wales. Let's have a decision on the Barry biomass boiler.
As I say, the decision is going to be with Hannah Blythyn. I'm sure she'll be in the Chamber, because I think she's answering the next set of questions. So, if the Member has the opportunity, he can ask her himself. But certainly, I will speak to her and ask her to write to you.
That seems to be the reply I get time and time again on many issues that I put before the Minister: 'I will write to you' or 'We will make a decision in the fullness of time' or 'in due course'. What is the fullness of time? Nearly 13 months on now on this particular issue.
If you look at the department in particular, the 'Brexit and our land' consultation has moved on now into the summer before the Government responds to that; the WWF and other environmental organisations have highlighted their concerns about delays in the department; and, in particular, developing the agri Bill, which we're not sure will or will not be coming before us and the timing of that Bill. I think the Minister has indicated that it most probably won't be in action by the time this Assembly breaks up in 2021. It seems to be a constant delay and pushing back.
We need proactivity from the Minister and her department in developing these solutions here in Wales. That's what devolution was all about. When residents in Barry and other parts of Wales look at this inaction, they really do question what decisions have been taken in their name. What confidence can you give that your department is up to speed, is on top of its brief and is able to deliver on the various initiatives that I've highlighted to you today, because on the evidence that I've highlighted, when it comes to making what I would suggest is a relatively simple decision, albeit with legal constraints and legal considerations, you cannot even make that decision?
I go back: the question the Member asked me is about a decision not being taken in my department, so I can't answer that question. As I say—[Interruption.] You asked me a question about when a decision was going to be taken. I cannot answer that question; it is not in my department.
So, you ask me what confidence I've got in my department. I've got a great deal of confidence in my department. But I have to say, Brexit, which so many members of your group supported, has added a level of work that you cannot begin to imagine. I've had 45 new officials. The Department for Environment, Food and Rural Affairs alone has had 1,300 new officials. The Department for Business, Energy and Industrial Strategy has had 700 new officials, just to help with Brexit. So, I have great confidence in my officials who are working flat out to make sure we've got an agricultural Bill.
'Brexit and our land' consultation came forward last year. I had hoped to bring the White Paper forward in the spring; I've now said the summer because I want to ensure that we analyse the responses we've had in a thorough way. There were some very, very good thought-provoking ideas coming forward. We need to give them due consideration, and I think it's better not to rush this. I have said, as has the First Minister, that I will bring an agricultural Bill forward in this term. It's got to fit in with the legislative programme, it has to fit in—it's obviously a whole-Cabinet decision, but both I and the First Minister have said that we'll bring an agricultural Bill forward this term.
In the interim, I have made sure that we've taken temporary powers through the UK Government Agriculture Bill to make sure that we can pay farmers, for instance. You too mentioned the letter from WWF—it's not just Plaid Cymru that had it. Frankly, I was quite surprised at that letter because, again, they know how our Environment (Wales) Act 2016 and how the Well-being of Future Generations (Wales) Act 2015 have embedded sustainable development in everything that we do in the Welsh Government in a way that other Governments haven't.
UKIP spokesperson, Neil Hamilton.
Diolch, Llywydd. Has the Minister seen the panicked letter that was written by the major European agricultural food and drink organisations to Michel Barnier on 6 February? It says:
'on behalf of the entire EU agri-food chain'—
I'm reading from the letter itself, pointing out that
'In 2017, EU-27 agri-food exports to the UK amounted to €41 billion', whilst the UK sells only €17 billion in return. So, there's a massive deficit in food and drink between Britain and the EU, which opens up a very substantial opportunity for British producers if there is indeed no deal on 29 March. Does she welcome at last the dawning realisation on the part of European producers that, if there is no deal, this is going to hurt them far more than it'll hurt us?
No, I don't.
Well, in that case then she's flying from reality because that is the view of the people in Europe who are most concerned about the impact of this.
But let's look at this in a positive light. There is going to be a massive opportunity for British farmers and food producers generally after 29 March, if there's no deal. Just let's look at the figures. In beef, let's take beef: we export £450 million-worth of beef; we actually import £1.3 billion-worth of beef. So, we actually export only one third of what we import. Lamb: it's broadly based. We import as much as we export and the imports come mostly from New Zealand, but New Zealand is increasingly interested in exporting to other parts of the world, like China and the far east and, actually, sales from New Zealand to Europe are falling and they don't use anything like their quota anyway. Pig meat: we export £470 million-worth a year; we actually import £1.1 billion-worth year. So, there's a massive opportunity there for people who are in the pig meat production area. Dairying—[Interruption.] Cats, the Member for Ynys Môn thinks we should be concentrating on. I think we should take this seriously as an issue and not try to make a joke out of it. In dairy products again there's an opportunity. Eighty-two per cent of the milk that Ireland exports comes to the United Kingdom, as does 49 per cent of their beef. I'd like to know what the Minister is doing to promote Welsh produce within the United Kingdom to take up the opportunities that will open up after 29 March if there's no deal.
Llywydd, the Member says I'm flying in the face of reality. You, Neil Hamilton, were at the meeting of the council of National Farmers Union Cymru, I think it was last month, where you heard the president John Davies saying that a 'no deal' exit would be absolutely catastrophic for the agricultural sector and for farmers, on the day that Theresa May apparently said that she thought—I think the phrase was something like 'Welsh farmers would welcome a "no deal" Brexit.' You heard what John Davies said that night, so if I'm flying in the face of reality, I really don't know what you are. A 'no deal' would be absolutely catastrophic for farming, for farming families and for our communities in Wales, and I'm getting more and more fearful that that is the way we are going to leave the EU.
On a positive way, you ask what we're doing to promote Welsh food and drink in the UK. You may be aware that we have an event on a biannual basis, and we are due to have it next month at the Celtic Manor—Blas Cymru—and there we will have over 100 producers and we will welcome about 150 buyers, many of them international, but many from across the UK.
Well, I'm very pleased to hear that, and this is the sort of positive talk that we want to hear across the Chamber, but the reality is that, whether there is a deal or no deal is not actually in our hands but we have to prepare for the consequences if there is one. And what I say is that there are massive opportunities as well as, obviously, the difficulties that that would pose for producers. But, there are markets that are rapidly expanding in other parts of the world, unlike Europe, which is a stagnating—and, indeed, declining—economy, as most of the continent will be in recession in a very short time.
In the middle east we've been very successful recently in expanding our markets. In 2013-14, we were selling only about £3 million-worth a year of food to the middle east. The latest figure that I've got is for 2017, and it was 10 times that—£33 million. So, clearly there are opportunities there that can be taken advantage of. China is a massive market, of course. It'll soon be one of the largest markets in the world. New Zealand is selling more and more to China. Exports of New Zealand produce to the UK in 2017 were only £340 million. They are now exporting more than three times that amount to China, and rapidly increasing that every year. So, what are we able to do to capitalise upon being able to sell to markets in other parts of the world, like China and, indeed, India, which expanded at a rate of 8 per cent last year, to take advantage of these opportunities for Welsh producers?
The Member may be aware that the Welsh Government supported an enhanced export programme with Hybu Cig Cymru. So, for instance, Japan have obviously recently opened their market to Welsh lamb, so I know HCC are working there. We support trade missions to places like Japan and India. So, I'm ensuring that that work is progressing. I think that work was being done before we had the referendum to leave the EU. I think we were always looking for new markets. I was out in Gulfood in Dubai a couple of years ago, where, again, most supermarkets that you went to had Welsh lamb on the shelves. So, I think this work has been ongoing for many years.