My Lords, I am most grateful to all noble Lords who have spoken in this debate, bringing with them experience of agriculture or medical specialism. I declare my farming interests as set out in the register.
Turning to the amendments of the noble Baroness, Lady Finlay, I should first say to all noble Lords that the Government are committed to protecting people and the environment from the potential risk posed by pesticides. As I will explain, the Government have a robust regulatory system in place to ensure that pesticides are not used where that may harm human health. The use of pesticides is allowed only where a comprehensive scientific assessment shows that people will not be harmed. The scientific risk assessment carried out before pesticides are authorised covers all situations where people may be exposed to pesticides, including risks to residents and bystanders from the volatilisation of the pesticide’s active substance after application of the product. Products found to have an unacceptable risk from exposure would not be authorised.
The risks of possible pesticide spray-drift from pesticide use are assessed before a new pesticide product is authorised. This includes the effect of different factors, including wind speed, and the results are used to set specific statutory conditions of use for that pesticide as we only authorise products that will not have any harmful effect on human health.
The label on a pesticide product is the main source of information for the user of that pesticide. Phrases such as those listed in Amendment 76 relate to the classification of the concentrated product rather than the diluted spray. The information is required to minimise the user’s exposure and to ensure that they use the product safely and effectively. All users of pesticides are required to follow the statutory conditions of use for any pesticides they use. They should also follow the guidance contained in the Code of Practice for Using Plant Protection Products. The code requires that all users take reasonable precautions to protect the health of people, creatures and plants, to safeguard the environment, and, in particular, to avoid pollution of water. The code specifies that users must ensure that pesticides are only applied in the appropriate weather conditions with the correct, properly adjusted equipment, and that applications must be confined to the area intended to be treated. Collectively, these controls ensure that people are properly protected, based on appropriate risk assessments. They allow pesticides to be used where this is safe and will help UK farmers to provide a supply of high-quality affordable food.
The Government are committed to monitoring the impacts of the use of agricultural pesticides. Indeed, monitoring schemes are in place to report on the level of usage of each pesticide and on residue levels in food. They also collect and consider reports of possible harm to people or to the environment. We will continue to review the monitoring arrangements to ensure that they remain effective in supporting the authorisation process.
Turning to Amendment 80, I am most grateful to my noble friend for raising integrated pest management and the more precise use of pesticides, including through new technologies and new concepts, to which my noble friend Lady McIntosh referred. Pesticide users can reduce the need for pesticides, further reducing risks to the environment, combating pest resistance and supporting agricultural productivity. This is very important for all farmers: pest resistance is another
issue we must contend with. The Government have made a commitment in the 25-year environment plan to putting integrated pest management at the heart of their approach. There are advances in this area that we should all champion.
A number of points have been made by noble Lords, but I particularly want to pick up the matter raised by the noble Baroness, Lady Finlay, and the noble Lord, Lord Whitty, and deal with the precise issue of lacuna and gap. That is precisely why the upcoming consultation on the draft updated UK National Action Plan for the Sustainable Use of Pesticides will set out how the Government will deliver our 25-year environment plan commitment. I also say to the noble Baroness, Lady Jones of Whitchurch, and my noble friend the Duke of Wellington that as part of this, the Government are considering the extent to which targets may support the delivery of integrated pest management. The consultation on the national action plan will be launched later this year and will set out these plans in more detail. I say to the noble Lord, Lord Young of Norwood Green, that in Committee we had an extensive debate on gene editing and as I said then, we believe that the best way forward is to have a full and proper consultation on those matters.
I turn now to Amendment 78. I was very pleased to meet the noble Lord, Lord Whitty, and the noble Baroness, Lady Finlay, to discuss these matters. The Government agree that pesticides should not be used where they may harm human health or pose unacceptable risks to the environment. By pesticides, we mean all the plant protection products commonly used in agriculture and beyond, including herbicides, fungicides and insecticides. A robust regulatory system is in place to deliver that objective and to make sure that an authorised product, used correctly, does not harm people. As has been said by my noble friend Lord Taylor of Holbeach, that system derives from EU law and, in particular, Regulation 1107/2009, setting out the rules for assessing and authorising pesticides, and Regulation 396/2005, setting limits for pesticide residues in food. All this EU legislation will be carried over in full into UK law at the end of the transition period.
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I say particularly to the noble Baroness, Lady Bakewell of Hardington Mandeville, that the use of pesticides is allowed only where a comprehensive scientific assessment shows that it will have no immediate or delayed harmful effect on human health, including that of vulnerable groups. This issue was also referred to my noble friend Lord Taylor of Holbeach. I emphasise this because I well understand the spirit of what has been said by many noble Lords about pesticides. The assessment is carried out by a large team of more than 100 scientists in the Health and Safety Executive. After the transition period, the demands on this team will grow as it takes on tasks currently centralised within the EU. Staffing levels will therefore be increased and this process in already ongoing. Independent expert advice is provided by the UK Expert Committee on Pesticides. Most members of the expert committee are eminent academic or other specialists in fields relevant to aspects of the risk assessment. A similar technical body, the Expert Committee on Pesticide Residues in Food, oversees
the substantial programme of monitoring and enforcement for pesticides in food and feed. I should note that the assessment specifically addresses the situation of people who live near to where pesticides are used. The assessment of risks is rigorous, and authorisation is frequently refused. I should also emphasise that authorisations are regularly reviewed.
I was, of course, saddened to hear about previous fatalities; the noble Lord, Lord Campbell-Savours, spoke with obvious feeling about someone he knew well. The regulation of pesticides dates back to the mid-1980s in the UK and the early 1990s in the EU. Since then, it has been tightened. Many pesticides that used to be permitted for use are now not authorised or are substantially restricted. Effects on rural residents are specifically considered, as I said, as part of the scientific assessment process. All pesticide users are required by law—the Plant Protection Products (Sustainable Use) Regulations 2012—to take all reasonable precautions to protect human health and the environment and to confine the application of the product to the area intended to be treated. When using a pesticide in areas used by the public or vulnerable groups, including those close to healthcare facilities or in parks, school grounds and playgrounds, operators must also ensure that the amount used and frequency of use is as low as reasonably practicable.
As I have already said, all users of pesticides are required to follow the statutory conditions of use for every pesticide they use. These conditions typically include the frequency, timing and amount of application. They may also, for example, include protective equipment for operators and buffer zones to protect the environment. Guidance on the use of pesticides is also provided in the Code of Practice for Using Plant Protection Products .
The Government’s priority is the protection of people and the environment. Exacting measures are in place through our domestic legislation and the specialists we have in place at the HSE. Pesticides are important in helping farmers produce the food we need—a point made by my noble friends Lord Marlesford, Lord Taylor of Holbeach and Lady McIntosh, based on experience. We also need pesticides to protect infrastructure such as roads and railways. As my noble friend Lady McIntosh highlighted, in extending its scope to any pesticide and any building, the amendment is very sweeping and could well have undesirable and disproportionate effects. It would prevent the use of pesticides that are important for agricultural and horticultural productivity but pose no danger whatsoever to public health, such as products used in a permanent greenhouse. It could also, for example, prevent the use of pesticides for the effective control of Japanese knotweed. I pluck that example because it is a very difficult plant to control close to buildings. Because the amendment extends to
“any building or open space used for work”,
it would also appear to prohibit the use of pesticides in agriculture entirely.
I do not believe that that was what the noble Lord, Lord Whitty, intended, but it is my duty to say to the House that, having taken legal advice, this is how our lawyers interpret this amendment. If any particular pesticide needs to be restricted from use close to buildings or spaces used for work or recreation, that
can be done through the authorisation system. We believe that the effect of the amendment would be to impose an unnecessary blanket restriction.
I spent a little time explaining the statutory bodies, requirements and protections for contemporary use of pesticides. I am well aware of previous times when pesticides were used and the rigour with which, through the EU and our domestic journey, we have addressed them. It is why I have spent some time explaining the expertise available to this country, on which we all rely. So I say this with all sincerity. I know that the noble Lord, Lord Whitty, has said he wishes to put this to the test—I do not want to take away his thunder, as I respect the noble Lord. But, having taken legal advice, I have sought to outline why I could not advise your Lordships to vote for an amendment that is well meaning but does pose difficulties. In the meantime, I hope that the noble Baroness, Lady Finlay, is in a position to withdraw her amendment.