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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (George Eustice)
I am grateful to the Liaison Committee and to the hon. Member for Stoke-on-Trent North (Joan Walley), who is the Chair of the Environmental Audit Committee, for securing this debate. It is a shame that it has taken so long to secure it. She explained to me earlier that part of the reason for that was that, with the summer recess coming, it was not easy to get a slot. She also made the point that it took the Government some time to respond to the Committee’s report. I am able to say that that was nothing to do with me, because I was not in the Government at the time. However, what I can say—a number of people have said this already—is that my predecessor, my hon. Friend the Member for Newbury (Richard Benyon), was absolutely passionate about these issues, so I do not think anyone should read into that delay that there was any lack of interest in the issue of wildlife crime on his part.
As we have heard, wildlife crime is a matter that we all care deeply about. Hon Members are quite right to seek reassurance about what the Government are doing to tackle the issue. Efforts to tackle wildlife crime have moved forward hugely in the last 10 years, thanks to the commitment and enthusiasm of successive Governments, the enforcement agencies and the many non-governmental organisations that willingly share their expertise and experience. We should take a moment to reflect on what has already been achieved, and to put on record our appreciation of the contribution that has been made by everyone who has been involved. Their work has helped to make the UK the envy of many countries around the world on this issue.
The range and nature of the evidence submitted to the Committee’s inquiry—we heard from the Chair of the Committee that there were 57 submissions—showed how interested people are in this issue, and there was a range of perspectives. As the Chair of the Committee said, the threat from the international wildlife trade has come into sharper focus this year. I welcome hon. Members’ support for the action that the Government are taking to work with the international community to tackle this issue. The increasing levels of elephant and rhino poaching, and of illegal trade globally, are indeed very worrying. They not only threaten individual species but governance, national security and development goals.
The Chair of the Committee said that the illegal wildlife trade is the fifth biggest criminal activity globally. The figures that I have been given suggest that it is now the third biggest, behind only drugs and people trafficking. It has now been categorised by the UN as a serious organised crime. As many hon. Members have already alluded to, as part of our commitment to tackling this trade we will host a conference in London on 13 February 2014 to galvanise international efforts to tackle wildlife crime and to secure top-level global political commitment on this issue. In the run-up to the conference—
Caroline Lucas
Perhaps I will pre-empt what the Minister was about to say, but I wanted to pick up on the point that the Chair of the Committee made earlier about the London conference, which we all welcome. Can the Minister assure us that in addition to Department for Environment, Food and Rural Affairs Ministers and officials being there and taking a lead as we would expect they would—we know the Minister’s commitment—will he ensure that the Home Office and the Ministry of Justice will play an absolutely key role at the conference too, because unless they are also on board I fear that we will not see the positive outcome that we all want?
George Eustice
I was about to go on to say that, although I cannot say exactly which Departments will be represented at the conference, in the run-up to it the Government are collaborating closely with other countries, the royal household, multilateral organisations and major NGOs to agree a way forward and to reach a consensus on the required outputs from the conference.
A number of Members have spoken in the debate. My hon. Friends the Members for Richmond Park (Zac Goldsmith) and for North Swindon (Justin Tomlinson) spoke passionately about the problems of the ivory trade; it is clear that there is a very strong feeling about this issue. The Chair of the Committee asked specifically what the Government’s negotiating position on this issue was when it was discussed at the convention on international trade in endangered species conference. I must be honest; being so new to the job, I will have to write to her specifically to set out the precise position that we took. However, looking at the Government’s response to the Committee’s report I know that they obviously touched on some of these issues and made it absolutely clear that we want to maintain the existing ban on raw ivory, although they also highlight that there is a slight difference with some of the antique ivories, which tend to predate 1947; indeed, they are required to predate 1947. There is a slight difference there, but I will write to her to clarify precisely the position that was taken.
Joan Walley
I am sure that our Committee would welcome a formal response setting out that position. However, some of the evidence that we received suggested that the Government’s position might not make any difference to the reduction, or growth, of the particular species that we are talking about. So, before he writes that letter, may I ask him to have a second look at the evidence that we received and accordingly base his reply on that evidence?
George Eustice
Given the strength of feeling on this issue—there are Members who have already made that point—we will indeed look at that and we will get back, in detail, on it.
I remember that when I was given this job my hon. Friend the Member for Richmond Park sent me a text message saying that he needed to talk to me about elephants. Now I know what that meant and we are talking about it for the first time here. The Government have been a major contributor to the African Elephant Fund, which funds the African elephant action plan, agreed by all the countries that have African elephants. The first objective of that plan is a reduction in the illegal killing of elephants and illegal trade in their parts or derivatives. There is certainly a commitment on the part of the Government. I welcome and respect the passion that my hon. Friend has brought to that element of the debate.
The hon. Member for Stoke-on-Trent North talked about problems of raptor persecution. A number of hon. Members mentioned hen harriers in particular and problems relating to those. The persecution of birds of prey is of grave concern. Although many of our birds of prey are doing well, their persecution is not acceptable. We remain committed to addressing the illegal killing of birds of prey. Persecution can take many forms, such as poisoning, shooting and deliberate destruction of nests, and it is totally unacceptable.
Bird of prey persecution remains one of the UK’s wildlife crime priorities and we will continue to work to ensure that we take the right steps to take enforcement action in respect of any offences being committed. DEFRA is working with the police and other stakeholders who are best placed to help facilitate a reduction in bird of prey persecution. The group working on this has been looking at types of offence that occur and, earlier this year, established maps that show where incidents of bird of prey poisoning have taken place. This will help detect to trends and inform decisions on where action might be targeted.
A main focus of our efforts will be the hen harrier, populations of which in England are critically low. No nests appear to have been successful this year. Hon. Members commented on the number of hen harriers. There are some breeding pairs in Scotland. Although full details are not available, there are apparently 12 breeding pairs in England and many more in Scotland and Wales. Persecution is regularly cited as a reason for failure for the hen harrier population to grow, so considering how enforcement tools can be best used to protect it is an important strand of work in assisting its recovery in England. Let me assure hon. Members that there is a robust legal framework for protecting birds of prey in England, with penalties including imprisonment for offenders.
There is almost universal agreement—the Committee’s report contained a strong recommendation for it—on recognition for the important work of the national wildlife crime unit. I recognise and appreciate the huge contribution that the unit makes to wildlife law enforcement, both in the UK and internationally. The unit is small, but its impact is big. It has helped raise awareness of wildlife crime and provided professional expertise and support for wildlife law enforcers across the UK, enhancing their ability to identify and tackle wildlife crime. It has also played an important part in a number of Interpol initiatives targeting particular species groups and has lent its expertise to and assisted in global efforts to conserve those species most at threat from illegal international trade. It clearly has strengths and expertise that would contribute to the UK’s response, which is another reason why we need to reach a decision on the future of the unit as soon as possible.
The hon. Lady asked specifically about the Association of Chief Police Officers head of the NWCU, wanting to know who has taken on the role. I am told that it is currently in the hands and under the leadership of acting Chief Constable Bernard Lawson from Cumbria, who took on the role temporarily from Chief Constable Hyde. A new head of wildlife crime for ACPO will take on the role permanently, once they are appointed.
The Committee recommended that long-term funding for the unit should be secured and the Government have confirmed that funding will be provided until the end of March next year. Many hon. Members agree strongly with the Committee—I have listened carefully to the points made, including by the shadow Minister, the hon. Member for Brent North (Barry Gardiner)—about the importance of securing funding for it. I understand the frustration with the fact that it has not been possible to do that so far.
The funding is not as straightforward as it might appear. Hon. Members will be aware that the unit is currently co-funded by DEFRA, the Home Office, the Scottish Government, the Northern Ireland Government, ACPO and the Association of Chief Police Officers in Scotland. All these bodies are considering their position on the future of the unit and recognise how important it is that we come to a decision as soon as we can. We will advise the House as soon as a decision has been made.
The shadow Minister mentioned possession of pesticides, particularly in the context of harrier populations. The Committee raised this concern in its report. Specifically, there is concern about possession of carbofuran and other pesticide ingredients and whether we should follow the Scottish example and the approach taken there. The Committee recommended that possession of such chemicals should be an offence. I am grateful to hon. Members for raising this today, as it gives me an opportunity to clear up this matter.
The hon. Gentleman says that it is legal to store these chemicals, but not to use them. However, the advice that I have been given is that approvals for the use of pesticide containing carbofuran were revoked in 2001, which means that the advertisement, sale, supply, storage or use of carbofuran is already a criminal offence under existing UK legislation. Therefore we do not need to change the law. We simply need to recognise that it is already illegal to store it.
Barry Gardiner
Of course, this is not only about carbofuran, but about a range of other chemicals that can be used to poison wildlife, not just hen harriers. I agree that it is not necessary to change the law. There is a perfectly sensible provision, under the NERC Act, that would allow a list of chemicals to be drawn up that can be, and are being, used in this way. The Scottish experience shows that by putting chemicals on that list and applying the law, and then successfully enforcing it and prosecuting people, it is possible to target the criminals who are doing this.
George Eustice
I understand the hon. Gentleman’s point—I probed it when looking into this issue—but approval for the majority of pesticides linked to wildlife poisoning cases has been revoked, or they have never been approved for use. Carbofuran tends to be, as it were, the weapon of choice for those who want to poison these birds. It is already illegal under existing pesticides legislation. This legislation, together with the use of amnesty initiatives in place in some areas, already addresses this issue. Therefore there is no need to create a new offence.
Barry Gardiner
I appreciate the Minister’s engaging in a dialogue on this point. If prosecutions were taking place under the existing proscription of these chemicals, we would be more confident that the law was effective in stopping their being used for poisoning wildlife. Given that that is not so, and that the Minister will accept that they are still being used to poison wildlife—not just carbofuran, but the other ones I listed—perhaps it does make sense to put them on the list under NERC.
George Eustice
If, as the hon. Gentleman says, there is a low conviction rate for the illegal use of these chemicals, that suggests a difficulty in or lack of enforcement, not that the law is falling short in allowing prosecution. There is no material difference between being able to find that somebody is storing a chemical or having it hidden away in the garage or a farm shed and their having possession of it. Therefore that would not change the ability to get convictions on this front.
The Committee recommended that the Government introduce a new offence in England of vicarious liability—mentioned by the shadow Minister and other hon. Members—following the Scottish Government’s decision to introduce the offence in January 2012. The Law Commission has been considering the issue further as part of its wildlife law project. I understand that the commission will publish a report shortly setting out its conclusions following consultation, which will include its views on whether to introduce an offence of vicarious liability. It would probably be prudent to await that report before commenting further.
The Committee also recommended that the national wildlife crime unit be directed and funded to develop a wildlife crime database of incidents reported to the police and of prosecutions. Although I can see why the Committee made that recommendation, recording that information alone is not the answer. To better understand the nature of wildlife crime being committed across the UK, the unit works with Government Departments, police force intelligence bureaux and scientific and other organisations to produce an intelligence-based assessment of current, emerging and future wildlife crime threats, with recommendations for action. That approach ensures the best use of the unit’s time and resources and focuses attention firmly on intelligence, which is consistent with modern policing procedures and practices. I am concerned that if we diverted the unit’s efforts into developing a database, it might take effort and resources away from intelligence and the pursuit of leads.
The unit launched a new website in June 2013 that contains lots of useful information and background, and it is already proving to be a useful resource and source of information. I hope that hon. Members who take an interest in wildlife crime will look at that website, because it helps to share information.
The hon. Member for Stoke-on-Trent North mentioned the rather technical issue of the proposed changes to the COTES regulations and asked specifically when that is likely to be concluded. There is an ongoing consultation, and the tweaks to the COTES regulations are quite technical. We had initially hoped to conclude at some point this year, but since then there have been additional EU directives that the consultation must take into account. As a result, we expect the consultation to be published some time in 2014. The consultation, nevertheless, is under way, which I hope reassures her.
As I draw to a close, I once again thank the hon. Lady for introducing this debate. I also thank all the hon. Members for their thoughtful contributions. Wildlife law enforcement is of course a wide-ranging issue. The law is sometimes complex and overlapping, arising as it does from international, European and domestic legislation. There will always be a balance to be struck, for example, between what we can achieve and where best to focus our combined energies and commitment to deliver the greatest benefit, and I suspect we will never all agree on where our activity should focus. I am absolutely convinced, however, that this is an area where we cannot reduce our effort and where we must continue to work together in partnership.
The UK has a good story to tell on its approach to wildlife law enforcement, and our general approach is widely respected across Europe and internationally. We absolutely cannot be complacent, however, and although the Government cannot accept all the Committee’s recommendations, we welcome the Committee’s interest and engagement in this matter.