Deregulation Bill
Baroness Byford Excerpts(9 years, 3 months ago)
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Baroness Byford
“Applications for public path extinguishment of diversion orders: review
(1) Within two years of the coming into force of the rights of way provisions in this Act, the Secretary of State shall lay before both Houses of Parliament a report containing an assessment by Natural England’s Stakeholder Working Group on Unrecorded Rights of Way of how effective the right to apply provisions and the accompanying guidance have proved in getting local authorities to respond positively to applications for public path extinguishment or diversion orders.
(2) As well as looking at the overall effectiveness of the legislation and the accompanying guidance, the report shall include an assessment of any notable disparities between the various local authorities.”
Baroness Byford (Con)
My Lords, I should remind noble Lords of my farming interests, that I am a member of the CLA, and of the other interests that are set out in the register. Clauses 20 to 27 cover the “Use of land” where, thanks to the excellent work of the stakeholder working group on unrecorded rights of way established by Natural England, improvements have been made to the legislation before us. However, there are still some outstanding areas of concern. Amendment 7, which is supported by my noble friend Lord Skelmersdale, proposes that there should be a review within two years of:
“Applications for public path extinguishment of diversion orders”.
I moved an amendment in Committee that such a review should be carried out within one year, but on reflection I do not believe that that would have allowed adequate time to assess whether the proposed changes in the Bill had been successful or not. In Committee I was very grateful for the contributions made from around the Chamber by the noble Lords, Lord Rooker and Lord Cameron of Dillington, and the noble Earl, Lord Lytton, and by my noble friends Lord Cathcart and Lord Plumb, to name just a few. We debated the whole question of wider access for the public to farmland and, in some cases, through people’s gardens and close to their houses. I accept that philosophical differences were reflected in those contributions, but I have to tell noble Lords that for those families who are affected by such intrusions, this has proved to be distressing, to say the least.
I am grateful to the Minister, my noble friend Lord De Mauley, for arranging a meeting at Defra for myself and my noble friend Lord Skelmersdale at which we were able to debate this issue further. However, I understand that following a recent meeting of the stakeholder working group, the CLA has raised three further issues with the Minister to which it has not received a response. Is he in a position to clarify these matters as they reinforce my belief that an earlier review is needed? Perhaps I may quote the association:
“CLA remain concerned that the ‘right to apply’ does not provide a presumption that paths will be diverted away from gardens, houses and business, nor does the right to apply ensure a different outcome for the landowner.
“The legislation does not provide a means by which a farmer, for example, who wishes to put a gate on his drive to make his farm less susceptible to theft, or wants to put bollards to prevent illegal vehicles, can do this. He cannot apply to the authority for such a structure, and the authority, even if it is sympathetic would have to be extremely creative with current legislation, to satisfy such a request. Structures can only be requested if required for the control of livestock. The SWG recommendation that a clause be inserted allowing authorities to consider structures in a wide variety of circumstances was a pragmatic, deregulatory solution to a currently very regulated and constricted practice.
“There is also the issue of right to access in extremely intrusive areas such as through private gardens and yards based on memory of a path rather than hard evidence. It can only be right that any access or right of way should have to be based upon objective evidence rather than subjective opinion and memory. This is especially important given that there is no time limit within which claims can be made—thus claims can be made about very detailed routes which people claim to have walked 30, 40, 50 years ago.
“The Deregulation Bill presents an opportunity to ensure clear guidance for users, landowners and local authorities in what can be the very emotive issue of rights of way”.
In Committee, my noble friend Lord De Mauley quoted figures from research undertaken by the Ramblers which recorded that of the 1,200 diversion orders applied for, some 94% were granted without any objections, which is good. Of the remaining 6%, only 1% were not confirmed by the Secretary of State. But some of those were affected, and I have received evidence citing many examples from different counties around the country where great distress has resulted. In one case, an owner was subjected to an onslaught by the council, and it was feared that all that worry was one of the contributing factors to his later suicide. When speaking to his own amendment in Committee, my noble friend Lord Skelmersdale said that:
“The stress and the financial hardship involved in employing specialist lawyers, only to learn that one has virtually no legal rights, have led to illness, mental breakdowns and at least two suicides”.—[Official Report, 28/10/14; col. GC401.]
Noble Lords may be wondering why I am quoting these remarks. It is to reinforce my view that we need to bring the review forward, particularly if we are not going to see further changes to the Bill to address the three outstanding issues. Given that, waiting three years for a review is three years too long, but if the Government did not like my suggestion of one year, I hope that the halfway house of two years might be considered.
This is an important debate and again I thank the Minister for his courtesy in talking about these issues through the amendments we tabled in Committee. I beg to move.
Lord De Mauley
My noble friend makes a fair point.
It has been clear throughout the Bill’s passage that Parliament agrees with our view that that the consensus should be supported by keeping the rights of way package as it stands. I spoke to the stakeholder working group at its latest meeting and learnt at first hand that its overriding aim is to get the package implemented intact. We are determined that the consensus should not be put at risk by adding measures that have not been discussed with stakeholders and, of course, not consulted on.
Amendment 7, tabled by my noble friend Lady Byford, is intended to ensure that the Government review the success or otherwise of these measures after their implementation. That is an absolutely laudable aim and one that, in any event, would be a matter of good practice. However, although we agree with the aim of evaluating the effectiveness of the right to apply and associated guidance, I hope that my noble friend will agree that it would not be appropriate to use a deregulatory Bill to impose on the Government the statutory burden of making a formal report. That would run contrary to the aims of the Bill.
In the other place, the Government have already put on record that the stakeholder working group’s advice will be sought on the constitution of a review panel to advise on how well the reforms are working and whether any further measures need to be taken before the cut-off date. I am happy to put on record now that we will ensure that any arrangements to review the rights of way reforms will include an assessment, within two years of implementation of the reforms package, of how effective the right to apply provisions and the accompanying guidance have proved in getting local authorities to respond positively to applications for public path extinguishment or diversion orders.
The proposed assessment will include an opportunity for people to provide evidence to the stakeholder working group either through wider consultation outside the group or a call for evidence. The assessment will send a message to authorities that the Government are determined that the new policy should work and that if guidance does not bring about sufficient change, we will consider introducing further measures.
My noble friend Lady Byford returned to the issue that we discussed in Committee about the authorisation of gates. We recognise that an amendment to extend the powers to authorise gates and similar structures could be helpful to people with a right of way going through their premises or garden. The stakeholder working group discussed this at some length. While there was agreement about the proposal in principle, the group has not yet arrived at a formulation on which it could agree. Those measures have not, unlike the rest of the package, been widely consulted on and are therefore not necessarily agreed by wider stakeholders, whose views we also have to consider.
Concerns have been expressed by users of rights of way about the possible proliferation of gates and other structures across rights of way. Particular concern has been raised with me by equestrian groups in the stakeholder working group that I attended. They are worried about riders with disabilities who may not be able to dismount or who have difficulties in opening and closing gates without risk of injury to themselves or their horse. Since the House of Lords Committee stage of the Bill I have received correspondence expressing concern about the suggestion that the powers of local authorities to authorise gates should be further extended beyond those changes already being introduced by Clause 24.
My noble friend also raised the point about the right to apply not providing a presumption that paths will be diverted away from gardens, houses and businesses. We have covered that quite extensively. The guidance agreed by the stakeholder working group introduces a presumption that paths will be diverted away from houses and businesses. We believe that the guidance, combined with the right to apply, will have the desired effect. My noble friend also asked whether there should not be a time limit on making claims based on long use. The stakeholder working group has not been able to reach an agreement on that, but it will continue to keep it under review.
On that basis, I hope that my noble friend will withdraw her amendment.
Baroness Byford
My Lords, although I am grateful to my noble friend for his full response to my Amendment 7 and for his acceptance that the review should take place two years after the Bill becomes enacted rather than after three years, as was originally proposed, I will read Hansard carefully—but this is indeed welcome.
I still have some concerns about the important ongoing work by the stakeholder working group. We get such few opportunities of such legislation coming before us in Parliament, when we have a chance to try to make sure that practicalities are overcome if they possibly can be—although that is not always possible. I hope that the stakeholder working group will continue to work closely together to try to resolve some of these issues. They are not impossible to resolve. My noble friend Lord Cathcart said that it is costly to apply for diversions. I gather that unopposed diversions cost about £2,000, but those that are opposed cost more than £8,000 and can be dearer. We need to keep that in the back of our minds when we are talking in fairly general terms about something that was a problem 40 years ago, to which my noble friend Lord Spicer referred.
Although there are improvements in this Bill, which I have publicly acknowledged, there are still things that need addressing. If that cannot be done within the Bill, I hope that the words that my noble friend the Minister has given me today will fill me with confidence rather than suggesting that he thinks that I have got it wrong.
We have another stage. Other Peers have taken part in this short debate: my noble friends Lord Skelmersdale, Lord Cathcart and Lord Spicer, as well as the noble Lord, Lord Grantchester. The noble Lord has, as I do, footpaths across his land and we are happy to have them. Ours are not contentious, but there are people—and 1% is 1% too many—who are having a rough time, because the various interested bodies cannot get together to try to reach a proper outcome to something that I hope is not an insurmountable problem. It may seem a huge problem to those who want the right of way; and those who say that if they were to divert it, that would be of benefit to everybody. Perhaps the working group could attach a little more vigour to some of the outstanding issues.
I thank my noble friend and other noble Lords who have taken part in this debate, and, with my noble friend’s words saying that within two years there will be a review panel rather than a report, I beg leave to withdraw the amendment.
Lord Judd (Lab)
My Lords, I very strongly support Amendment 17. I thank the noble Lord, Lord Bradshaw, for putting it forward. It is constructive, public-spirited, responsible and sensible—just like the old Bradshaw’s timetables.
There is one caveat I want to make. There is an issue that we all have to face. Those of us who are able to enjoy remote and attractive areas must remember that there are very many people for whom this is not a practical possibility because of their physical condition. We all need to get our minds round the issue of how we can improve access for such people so that they are able to share in something that we all regard as precious. Of course, that has to be done by consultation and, if necessary, appropriate legislation and regulations, but it should be done in a sensible way, with the full co-operation and backing of the authorities that are responsible for a particular piece of land.
Having said that, the noble Lord put it in very moderate language but what he revealed is actually a nightmare. At times it can be described only as vandalism—if it were to happen in an urban area, there would be an outcry—despoiling and ruining decent, attractive countryside and making a hell for some people who are trying to enjoy that countryside in a quiet and peaceful way. In fact it can be quite a frightening experience for those who may be able—I count myself among those now—to just about make those areas, but who may have certain disabilities and so on which make them feel vulnerable. That is not least the case for those with loss of hearing, for whom the sudden noise and disturbance of these vehicles can be an unpleasant experience.
The issue is mainly about what is being done to places of special significance, scenically and in other ways. It is also about this “couldn’t care less” attitude—that it is left to somebody else to deal with and clear up, which is utterly selfish as well as being vandalism. We should all recognise that, and wish godspeed to the noble Lord’s amendment, because it is vital. I should of course declare an interest as patron and former president of Friends of the Lake District, and as vice-president of the Campaign for National Parks, but I assure you that the remarks I have made this evening come from the heart in terms of being a resident of one of the areas that has quite a number of beautiful things that can so easily be ruined and destroyed.
Baroness Byford (Con)
My Lords, I will add a few words on this amendment, because it is at the very heart of enjoyment of the countryside, and the contributions we have heard from around the Chamber tonight rather reflect the challenges that we place on our countryside. From the perspective of disability access, which my noble friend mentioned, it is hugely important that people who are not able to walk freely, or cannot get around in the way they used to be able to, have access to the countryside. But due to the sort of damage to the green lanes that my noble friend Lord Bradshaw was talking about, they would not be able to get through those anyway. In many cases the countryside is being ruined as the green lanes have become bogs, and the people that do it have very little regard for the enjoyment and pleasure of anybody else.
There are also landowners who are quite willing to open up areas of their own land and make it available to those who wish to follow the sport of 4x4s, who get a thrill from that sort of activity where it is well organised. But it is the result of the devastation that is caused to some of our most beautiful areas that we are trying to address within this amendment. I had not looked to speak in this debate, but I am moved to do so because if we are going to have another working group looking at it, there are clear aspects that need to be taken into account. It is not just a question of saying to people who enjoy the sport of 4x4s, “You can’t do it”, but that they can and that there should be areas in which they can do it; nor saying to people who are disabled who need to have motorised access to the countryside, “You can’t get through because we are going to ban everything”. There is a balance to be found in the way that this is looked at.
I do not know what the Minister’s response will be to this amendment, but I hope that he is able to give some words of encouragement to the setting up of the working group and that it specifically looks at separate issues, because it is all too easy to say, “That will cover the whole”, when it clearly will not. I will again listen with interest to what the Minister has to say on this, but I hope we clearly recognise the needs of those who would like to access countryside but cannot, and those who would like to use 4x4s in a particular manner.
One further thing to add to this debate is the whole question of the countryside and of our wildlife. Not too much takes place on that; I suspect that these issues have been driven aside. Another aside to add is that those of us involved in stewardship and single farm payments know very well where we have got the six-metre strips or whatever it might be. One is very careful as to what motorised vehicle goes over that at all because of the damage to the wildlife and its sustainability. I am delighted that this amendment has been raised, and I look with interest to the response we get from the Minister.
Lord Skelmersdale
My Lords, would my noble friend accept another thought? As she said, she is a farmer but not a farmer on—for example—the Quantocks, or Exmoor, or further north in Cumbria like the noble Lord, Lord Judd, although I believe he is not a farmer; none the less he is a resident. They have to get around their land on some sort of vehicle, whether it is a tractor or a quad bike.
Baroness Byford
Indeed. I am so sorry I did not include quad bikes; they are a normal sort of motor vehicle that is essential to farming in many areas. We do not happen to have one on our farm, but we do not have the sort of access being debated this afternoon. My noble friend is quite right to reflect on how important that access is.
Lord Grantchester
My Lords, the stakeholder working group is to be commended on finding and building consensus around the main interested groups to recommend the changes to the Bill as a package, to streamline the process, and to make quicker progress with less contention and confrontation, even though there may appear to be plenty of time until 2026, the cut-off date under the CROW Act 2000. We agree with the measures in the Bill as a balanced approach to speed up the process. We wish to retain the consensus and build on it. I am grateful to the Government for listening to our views and those of many others, reflecting on the proposals and coming forward with these further technical clarifications. We agree that the stakeholder working group must be retained following this excellent report, and its remit extended to experience more contentious, protracted issues. Indeed, in the other place, the Minister agreed to set this up.
The problem raised through Amendment 17 is one that needs addressing, but not in the context of this Bill. This is not to deny that there are issues, costs and damage created by the use of off-road all-terrain vehicles. However, they must be addressed in the context that 62% of byway traffic is due to land management and dwelling access, with the remaining 38% due to recreation. The damage done by this 38% cannot be denied, and the noble Lords, Lord Bradshaw and Lord Cameron, and my noble friend Lord Judd have highlighted this tonight. But 70% of byways are without drainage, and much damage can be done by farm vehicles, water erosion and poor maintenance. The stakeholder working group must be allowed to examine the issue to find solutions first, to be arrived at through dialogue, a process more likely to result in less conflict, more compromise and thus acceptance, reducing the need for enforcement. Ministers could then make better informed decisions. These measures relating to public rights of way will bring benefit to all interests—land owners, local authorities and the public, even with their competing interests.
EU: Counting the Cost of Food Waste (EUC Report)
Baroness Byford Excerpts(9 years, 6 months ago)
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Baroness Byford (Con)
My Lords, I declare that I was a member of the sub-committee but sadly had to miss some of it for family circumstances. I remind the House of my family’s farming interest.
I belong to a generation brought up after the privations of World War II to eat anything that was put in front of us. Anything that was left over or became inedible was put in the pig bin, fed to the chickens or left for the birds. The question has already been raised as to whether we could actually feed back some of the surplus food for animal feed. I realise there is a health issue of which the Minister will obviously be well aware—both for human health and also for animal health—but I believe that other countries across Europe are considering it and I would be grateful if he could respond to the question. The Government’s response to our report included intentions to,
“improve the public’s understanding of date marks”.
I am a little confused by that; again, perhaps we could be told how that will be achieved and when it will happen.
Food waste is abhorrent. The committee’s work was thorough, detailed and a firm base from which we can proceed. I congratulate my noble friend Lady Scott of Needham Market and all those who helped us and who endeavoured to produce a very good report. I am delighted that the committee chairman has been invited to speak so much in the public domain, because one of the problems with our reports is that they very often remain here. They need to be taken out and spoken to.
The work being done by organisations such as WRAP, which was referred to by other noble Lords, is focused, innovative and laudable. However, perhaps the force of law might assist the implementation of programmes that arise from such work—although I hesitate to mention regulation. The last Government’s attempt to reduce packaging waste was couched in terms of reducing the total weight of packaging. There were some notable successes, but it also increased the use of the plastic pouch instead of recyclable material such as aluminium cans.
The Government’s response to our report quotes a 15% reduction since 2007 in food waste in the household sector. An item on the “Today” programme on Monday indicated that food waste is falling because household incomes are not growing as fast as prices, and people are buying less. Can the Minister indicate how much of the quoted 15% is due to reduced purchasing, and how much to local authorities allowing householders to put food waste in their compost bins? If he cannot—he may not be able to today—perhaps he might pursue that idea, which clearly has implications for food waste in general.
Another source of food waste relates to the way in which items are packaged for sale. If I buy two portions of fish in a tray, I may need to freeze both of them. The obvious course of action is to freeze them individually, but we have to make sure that in doing so we do not lose the dates which were originally on the packaging—not because the food will deteriorate but because you need to know how long it has been frozen. In their response the Government refer to the excellent work done on egg packaging and labelling. Might they consider encouraging better packaging of items sold in portions which are suitable for freezing?
My noble friend referred in particular in her opening address to the work that had been done on potatoes. I wanted to follow up on that, because Defra sponsored it. The interesting things that I picked up from that were: on-farm loss was 3% harvester loss; storage saw a 1% to 5% weight loss; packhouse downgrade 20%; retail 2% unsold and a 5% markdown; and consumer 20% discards and 26% peelings. That gives all of us a great opportunity to play our part in making sure that we reduce waste.
The quantification of food waste and identification of its major causes and location along the food chain is important, but we all know that we should not wait before finally taking the step to help reduce food waste. Redirection to food banks from the original intention of a seed that is sown and grown for human consumption is one way. Noble Lords have referred to the fact that there is no definition, which was clearly a problem for the committee. However, from the evidence we heard, we rather assumed that anything that was sown and grown that was suitable for human consumption should first go to human consumption and only after that into food banks—and only after that becoming animal feed or going into energy production.
This is very difficult, but there are many ways in which we can help. The Roadmap to a Resource Efficient Europe, published in 2011, is to be recommended for its aspirational targets. Having a food waste target for 2025 is a good move. Any target encourages people actually to do something, which is what we are trying to do. We all share in our responsibilities there.
This is extremely important. I am very glad to follow my noble friend Lord Cameron, because I have a similar fear about our waste in producing food, and not just in this country. We can help other countries, too. If we were to save food that currently we are wasting, we would not necessarily have to increase the amount we are producing. If I could add to that, I would like our expertise in the way that we produce food—I know it goes on—to try to help some of those countries to be able to produce more themselves.
I was very taken with the recent publication by the NFU about the contribution that the Women’s Land Army made 100 years ago. For those of you who do not know, when the war broke out a third of our male workforce was taken off the fields, obviously to take part in the war. Some 98,000 women, most of them from urban areas, had a chance to go and work on farms and produce the food that saved us from starving. Why do I mention this? It is because the NFU’s publication had a leaflet, which I copied. It was headed “Food” and underneath that were five very simple messages. First, “Buy it with thought”; secondly, “Cook it with care”; thirdly, “Use less meat and wheat”; fourthly, “Serve just enough”; and fifthly, “Use what is left over”. Underneath, in big letters, it said “Don’t waste it”. That, 100 years later, summarises what we have tried to do in our report, and I congratulate my noble friend on her leadership with this particular challenge that we have tackled.
Deregulation Bill
Baroness Byford Excerpts(9 years, 6 months ago)
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Baroness Byford (Con)
My Lords, I welcome the opportunity to speak to my amendments, which are linked with that proposed by my noble friend Lord Skelmersdale. I support his amendment, but it focuses on a narrower base than mine. I must first record my family farming interests and my membership of the CLA, and the fact that we have paths across our farm. The CLA still has concerns about the Bill.
I was sorry not to be available for Second Reading, although I read Hansard with great interest. I will not make a Second Reading speech, but wish to record my support for the aims of the Bill, which brings forward sensible and proportionate measures for improving the regulatory regime in the UK.
My Amendment 17 would require councils in England to have regard to any guidance given by the Secretary of State as to the exercise of their powers. Amendment 18 would replace existing Clause 25 and define the purposes in greater detail; namely, “preventing or reducing crime”, to which my noble friend referred, and,
“ensuring the safety of any persons … preventing damage to property … preventing the ingress or egress of animals; or … protecting the natural environment”.
The stakeholder working group on unrecorded public rights of way established by Natural England consisted of 15 people, representing path users, landowners, occupiers and, importantly, local authorities. Much consensus was achieved. The group’s work has been immensely important in the bringing forward of the proposals in the Bill, but one or two items on which there was agreement were not included.
As a result of this work, the Government produced guidance, which has been placed in the Library. However, the particular detail encompassed by my two amendments has not been included in the Bill. Why was this? I understand that the proposals were agreed by the stakeholder working group, which accepted that the guidance should be statutory so that authorities would have to take it into account in their decision-making process. However, I am not clear on that.
The view of the stakeholder working group was that rights of way are so complex that it is important to make them easier for everyone to understand. The complexity leads to different applications of the rules and different interpretations by local authorities. Guidance should be applied fairly, consistently and impartially, with the aim of making regulation less burdensome. Some might argue that my amendments increase burdens but I humbly suggest that a clearer direction should reduce costs and burdens. There would be less doubt because interpretation would be clearly stated in the Bill. I am also aware that some authorities are overwhelmed by the large number of outstanding claims with which they have to deal. We need to make it easier for their decision-making. I support my noble friend’s amendment.
Lord Rooker
My Lords, we did not spend a lot of time in the Joint Committee on this because we were not adding things to the Bill. We made recommendations relating to further clauses, which I will not go into. I have been a regular walker in the Lake District for the past 30 years. One of my greatest regrets is that I did not discover the Lake District until I was 45. However, I would never claim that enjoyment of the countryside and the open air, and walking in the Fells, entitles me to go through someone’s garden alongside their private home. There can be no justification for a walker, a person enjoying the country, making that claim. Because of the route that a path may take—sometimes they go through a private garden—you sometimes see a sign that asks walkers not to use a child’s swing and says that if they do, they do so at their own peril. There cannot be an argument to do that.
I was involved in a case about a path being moved. The cost of moving a path a small number of yards—or metres if we are in Europe—is enormous. I cannot see that that cost can justifiably be put on the owner. It is a public good to move a path. In some ways, I am sympathetic to the principle behind the amendment, although putting it in the Bill is asking for trouble. Perhaps we need another stakeholder working group. The one relating to this Bill was admirably chaired by Ray Anderson, who seems to have done an incredibly good job getting a consensus.
By and large, there is a case for change. The Government’s view should not be, “Oh well, this is on the landowner”. It is not quite like that, particularly when you are in the Fells, which is the only area I know in some detail but it may be different elsewhere. However, it does not alter the fact that things change as regards rights of way. A path can be diverted, and the joy of the countryside and the open air can be maintained. My view is that you cannot make a claim about the right to go through a person’s garden. I am not making that claim as a walker. My claim is to access to the countryside. Therefore, there should be movement on this issue but it would be best for it not to be in this Bill.
Baroness Byford
Before my noble friend responds to the Minister, I wonder if I might raise two issues with him. I thank him for his full response to my two amendments. Do I understand the Minister to say now that the stakeholder working group has not agreed with the two amendments that I tabled? My understanding was that they had been agreed to, and it is important that we have on the record whether or not they were. I do not wish to embarrass him, but from the inference of that he then went on to say that further discussions would take place because this had not been totally agreed. I am a little lost.
Perhaps while the Minister is thinking about that, because I will not get another chance later in the Bill, I thank everyone who has contributed. In an ideal world we would all want the best, and that should be done by agreement and by making things possible, but clearly at times they are not possible and some of the examples we have been given clearly reflect that. However, I would hate to think that we were not tackling an issue that had actually been agreed. If there has been some misunderstanding, perhaps the Minister would come back at a later stage and clarify that for us. In my opinion, it is slightly concerning that at the end of the day we are not clear exactly what has happened.
Lord De Mauley
My Lords, I am sorry if I was not clear. With great respect to my noble friend, I ask her, once she has read what I said in Hansard, might we have a discussion after today? Perhaps that would be helpful.
Baroness Byford
“(c) after subsection (5A) insert—“(5B) The modifications which may be made by an order under subsection (2) must be made within a period of one year from the date an owner deposits a map and statement under section 31(6) of the Highways Act 1980.(5C) An application made by a person under subsection (5) must be made within a period of one year from the date on which the owner deposited a map and statement under section 31(6) of the Highways Act 1980.””
Baroness Byford
My Lords, I want to make clear that this is where the stakeholder working group and my amendments do not necessarily agree. My understanding on the other one was that there was consensus but we will return to that next time. These probing amendments look at two issues; namely, time limits and resources. Amendment 19 proposes that there should be a time limit of one year from the date on which the owner deposits a map and a statement under Section 31(6) of the Highways Act 1980. The amendment would set out time limits for claims and would reflect the position that is taken with regard to village greens, for which claims must be made within a year of the use being stopped or challenged. This also applies to Amendment 21, which would be inserted into the Highways Act 1980.
As regards the time limit to bring user claims under Amendment 21, the Highways Act requires that a claim should be made based on the use which has taken place immediately before the use was challenged. It was not anticipated that the wording might permit claims to be brought based on periods of use which were alleged to have occurred decades previously.
Amendment 20 deals with costs and fees, which were spoken about as regards earlier amendments today. Where a claim of a right of way is made, even if vexatious or spurious, the landowner, if he wishes to defend the claim, will incur significant costs. It is not unusual for a landowner to have costs of several thousands of pounds, making a defence of a claim impossible for those with smallholdings or those who fear that they will not be successful. However, the claimant’s costs are borne not by the claimant but by the public purse.
Amendment 22 looks at user evidence and tries to deal with spurious claims. It requires a witness to complete their own statement and then sign a statement of truth. I think that all Members of this House would assume a statement carries that commitment of truth. The stakeholder working group recognises the importance of ensuring high-quality evidence in claims for rights of way to reduce burdens on individuals and authorities. Should this amendment be accepted, I believe that overall it would reduce costs and burdens for individuals and for society.
I know that many authorities have outstanding claims and it would be helpful if the Minister had an idea of the total number of such claims which local authorities are having to cope with. I believe that in Warwickshire there are more than 100. As the amendment does not apply to the modification already lodged with local authorities for investigation and registration, I invite the Minister to reflect on this question as I may well want to expand on it when we come to later stages of the Bill. It is a case of trying to make sure that we move the proposals forward in the Bill, and I again put on the record that I am pleased to welcome it. A lot of good work has taken place but the questions of costs and of a time limit are still undefined. I beg to move.
Baroness Byford
My Lords, I thank my noble friends for their contributions to this debate, the noble Lord, Lord Cameron, for his very practical look at the amendments that I tabled, and my noble friend Lord Deben for challenging the Minister on the issue of it surely not being right that it might take years. I shall read very carefully what the Minister has said because I value his experience and his responses, but I am not really a happy bunny, if I may put it that way. I should like to clarify again that these were considered by the working group. They were not agreed by the working group and I have not suggested that they were, but the issue has been raised and the discussions are ongoing. Even those within the working group who did not feel inclined to support them understood that there was an issue that needed to be debated.
I am just hopeful that between now and Report we may be able to get further enlightenment on some of the issues that I have raised. Certainly the whole question of cost, not only to the individual farmer but to the local authorities, is something that we need to keep at the back of our minds because local authorities are clearly stretched with trying to carry out their statutory regulations and responsibilities on so many different issues.
While I accept much of what the Minister has said, I need to read it very carefully. I am happy to withdraw my amendments but I think I shall be returning to it. At this stage, though, I beg leave to withdraw the amendment.
Water Bill
Baroness Byford Excerpts(10 years, 1 month ago)
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The Earl of Selborne
My Lords, I am sure that we are all sympathetic to the proposal of the noble Lord, Lord Whitty, to protect vulnerable consumers from the escalating costs of water. Clearly, it is difficult for some people to budget for something that accounts for 5% of their income.
However, before we look at setting up another national scheme, we need to understand why water can account for such a large proportion of people’s budgets. The first thing we have to do is recognise that as well as the “can’t pays” there are the “won’t pays”. The “won’t pays” are those who recognise that it is impossible for them to be deprived of water. People have a right to water whether or not they pay their bill. The expense incurred by water companies chasing those who will not pay but are perfectly capable of doing so in the small claims courts often leads to a long, inefficient drag on resources. It would be interesting to know the national figure for those who fail to pay when their income level is deemed perfectly reasonable. Perhaps the Minister has that figure available.
When the Science and Technology Select Committee looked at this issue some six years ago, it was not unusual to find that 10% of consumers from high-income streams did not pay their bills, which shocked me. We came up with a proposal which was accepted by all the members of the committee but not by the Government of the day, or subsequent Governments—namely, that we should follow the Australian practice of reducing to a trickle the water supply of those who could perfectly well pay their bills but did not do so and therefore unloaded costs on to those who were less able to pay their bills. The technology exists to do this but I am afraid that this practice is not considered acceptable. Rather rude remarks were made about their Lordships contributing to the great unwashed. I thought that that was a rather unfair observation. Nevertheless, we need to give the water companies every encouragement to chase those who will not pay. That would help those who cannot pay, who this amendment seeks to help.
Baroness Byford (Con)
My Lords, my noble friend has beaten me to the point that I wish to raise. Over the years, during consideration of whichever water Bill, we have had this debate on how you cope with those who are well able to pay but who choose not to do so. My noble friend is quite right: for various reasons, water is never cut off while, unfortunately, electricity can be. It is an unusual situation in that the water industry is the only one in which that position still exists.
I have some questions for the noble Lord, Lord Whitty, on his amendments. First, how would he balance that situation with what he is proposing? Secondly, does he have his own definition of what minimum standards might be, because he has clearly said that it would be for the Government of the day or officials to come up with them? It would be a good idea if the Official Opposition had some direct input themselves into that. Thirdly, the noble Lord said, “We can refer the matter to secondary legislation”. I have sat here on many occasions when we have all said, “Secondary legislation is all right but we do not have any control of it”. We have control of the Bill at this stage and it is essential to deal with this matter in the Bill rather than leave it to secondary legislation, if that were possible.
This is an important issue. When we were considering the Water Bill many years ago, it was difficult to decide who would qualify for being a special case and the circumstances that would be taken into account. I hope that the noble Lord, Lord Whitty, will put a little more meat on the bone, other than what he has done so far in these two amendments.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I fully support affordability schemes but regret that I do not believe that they should be a statutory requirement.
The new social tariff guidance from Defra is to be welcomed, as this means that from this year more companies can introduce social tariffs. It is, however, disappointing—as has been pointed out—that so few companies have so far introduced social tariffs or seem to be preparing to do so. It is right that water companies are best placed to come up with the most suitable scheme for their customers, given their own regional circumstances. Any government regulations could end up being overly prescriptive, instead of allowing sufficient flexibility.
I am lucky enough to come from the West Country where Wessex Water is a major supplier and a forward-thinking company. Over the past 10 years, it has developed its own affordability scheme called Tap. Wessex Water recognises that every household is unique and has adapted Tap to ensure that its services are right for each individual’s situation. Through Tap, Wessex Water offers customers an extensive range of schemes and low-rate tariffs to enable them to afford their ongoing water charges and repay any debts they have accumulated. This runs in conjunction with practical help to reduce water and energy use. Wessex Water delivers this help through successful partnerships with the debt advice sector and other organisations supporting vulnerable customers. Customers are signposted so that they can receive holistic debt advice and income maximisation, as well as make proposals for a sustainable offer of payment, however small.
Wessex Water currently has around 14,000 customers benefiting from one or more of its schemes, with around 8,000 on its very low-rate tariff, Assist. The company is doing a lot of work out in communities to raise awareness and promote Tap, particularly the Assist tariff. It is a scheme for those unable to afford ongoing water bills. Working with debt advice agencies, the customer’s personal finances are assessed and a lower bill than normal is agreed, based on their ability to pay. The range of services covered by Tap, as well as Assist, includes Water Direct, which is for people on benefits, who are able to have payments for water taken from their benefits before they receive them.
A second scheme is WaterSure Plus for those who are on one of the main social benefits and who have either a medical need for extra water or three or more children under the age of 19 living at home. In this case, the annual bill is limited to the average annual bill for metered customers in that region, so they pay less than the bill would have been for the amount of water used. Lastly, the scheme includes Restart and Restart Plus for those who are already in debt with their water bill payments. This allows a payment plan to be agreed and, if the plan is kept to for the first year, the debt is reduced by an equivalent amount in year two. If in year two the payment plan is adhered to, the remaining debt is cleared and the customer has a fresh start.
There will be similar schemes—but not many, I agree—run by other water companies in the country, each developed with knowledge of their customers and their customers’ needs. To ignore all this hard work and impose a statutory affordability scheme is to stifle innovation and enterprise.
Therefore, although I accept that affordability schemes are essential, I believe it is far better for each water company to develop its own scheme rather than have the possible straitjacket of a national scheme imposed on it. However, a government review of the situation in 2015 would identify just how many water companies had failed to implement a scheme. Government encouragement to water companies to enter discussions with the Consumer Council for Water to come up with affordability schemes is essential. They would not have to do the hard work; the evidence is out there for them to utilise and access. Just as essential is clear communication of just how much paying customers are subsidising those who refuse to pay. The subsidy for low-income families struggling and willing to pay is very small compared with that for wilful bad debt. Wessex Water is a shining example of best practice which others would do well to emulate. I regret that I will not be supporting Amendment 55.
Baroness Byford
My Lords, I apologise that I was not able to play a large enough part in Committee. However, I wonder whether the noble Lord, Lord Whitty, can tell me what Ofwat does not have. My understanding, having had earlier briefings from Ofwat, was that it already had a sustainable development plan duty, which the Bill will further introduce and strengthen. What is missing from the responsibilities that Ofwat already has? I am a little confused.
Lord Whitty
Did the noble Baroness mean to say, “Before the noble Lord sits down”?
Baroness Byford
I am sorry; I did not think that that was necessary at this stage—I hope I am correct. That is my question for the noble Lord, Lord Whitty. I am slightly confused about what is expected of Ofwat in terms of its sustainability duties. I thought that that was written in and already exists. Hence I am not sure where the amendment of the noble Lord, Lord Whitty, would take us.
Lord Whitty
I am not sure of the procedure at this point, so I will not reply now.
Water Bill
Baroness Byford Excerpts(10 years, 3 months ago)
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The Earl of Selborne
My Lords, I have a lot of sympathy with the thrust behind the attempt of the noble Lord, Lord Whitty, to deal with those who will not pay as opposed to those who cannot pay. Some six or seven years ago I had the privilege of chairing a report of the Science and Technology Select Committee on water management. We were appalled by the number of affluent people in South East Water’s area who had worked out that they could never be deprived of their water supply as it is illegal to turn off the water, so they simply did not pay for it.
The cost of taking someone to a small claims court is a difficulty. Where there is a change in population, such as happens in some areas more than others, the cost of trying to trace defaulters can be more than the cost of the debt. The two amendments proposed by the noble Lord, Lord Whitty, seek to deal with this. I suspect that it would be better to deal with this in secondary rather than primary legislation, as was originally intended. Nevertheless, I believe that my noble friend on the Front Bench should encourage the thrust of these amendments, to make sure that those who can afford their water perfectly well should be induced to pay for it, and that the water companies should be assisted in this, particularly by those with information on who is responsible for paying the bill. Landlords are often in a position to provide that information. All assistance should be given in this case. It is galling to know that people who cannot manage their affairs but are living an affluent lifestyle are advised by debt managers, “Well, don’t bother about the water bill”.
Baroness Byford (Con)
My Lords, over the years that we have been debating water bills, this has been a constant theme. I think that all of us in the Chamber, on whichever side we may have been sitting at a particular time, have agreed that it is a problem that needs to be resolved. What I am not quite clear about is whether Ofwat with its new responsibilities has the power to tackle what is being proposed by the noble Lord, Lord Whitty, and whether that would then make his amendment unnecessary. However, I am still sympathetic to what the noble Lord said about those who can pay and will not pay. I rather gained the impression from Ofwat when it gave a presentation recently that it had the power to make adjustments to individual water companies. I might be wrong, but I would be glad of some clarification.
Lord De Mauley
I thank the noble Lord, Lord Whitty, for his amendments. Amendment 120 would add a new clause to the Bill requiring landlords to provide contact details for their tenants at the request of the water company. Section 45 of the Flood and Water Management Act 2010 already enables Ministers to bring forward secondary legislation that would require landlords to provide water companies with personal details about their tenants—or themselves become liable for paying the bill.
Following extensive consultation in January 2012 with the industry and with landlords’ organisations, the Government took the decision that a voluntary approach would be more suitable. During consultation, landlords argued that the additional regulatory burden on them would be disproportionate, as they are not the source of the problem that we are trying to tackle.
We seek to make decisions based on the evidence. One purpose of the consultation was to invite the water industry to provide evidence of the benefits of the regulatory approach. In particular, neither the companies nor Water UK were able to provide any facts about the proportion of bad debt in rented properties that results from a lack of information about the occupier. This evidence was essential to assessing the benefit of the measure. The evidence provided by the water sector to support the case for additional regulation of millions of small and micro businesses was weak. The Government do not believe that more regulation is always the answer.
The evidence shows that good practice in tackling bad debt is not applied consistently across the water sector—the noble Lord, Lord Whitty, referred to this; that is something that we can agree on. The significant variation in performance between companies tells me that the focus should be on driving better standards across the sector rather than on regulating landlords. I used to run my own business and I know that debt collection, which is a subject that I know quite a lot about, is a matter largely of application and hard work. One reason why we do not propose to bring forward the bad debt regulations on landlords is that we do not wish to endorse the argument that performance on bad debt is outwith the control of the water companies. There is more that the companies can do to collect their debts and we want them to focus on this rather than looking to government to solve the problem for them.
Of course, the real driver of company performance is the incentives and penalties set by the regulator, so I am pleased to be able to report that Ofwat has changed the approach that it takes to bad debt in the methodology that it is using for the 2014 price review. The new approach will enable it more effectively to bear down on the costs of bad debt. It is doing this by insisting that the companies demonstrate that any increase in bad debt is genuinely beyond their control and that they have taken all available steps to control it. Unless they can prove that this is the case, they will not be allowed to include it in customer charges.
We are already seeing our focus on the industry taking responsibility for tackling bad debt bearing fruit. The industry is working with landlords’ organisations to establish a new voluntary scheme—and this answers the point raised by my noble friend Lord Selborne—that will enable landlords to provide information about their tenants directly to water companies swiftly and easily. This approach has the support of both Water UK and the main landlords’ organisations. The new database will launch in March this year. For these reasons, I believe that Amendment 120 is unnecessary.
The new clause proposed by Amendment 122 would provide a new power for both Ministers and Ofwat to disallow companies from recovering the costs of unpaid bills from their paying customers. Ofwat has the power to decide which costs may be recovered through the price review. As I have explained, and I think this answers the point made by my noble friend Lady Byford, Ofwat is already using the price review process to bear down on the costs of bad debt. It is requiring companies to demonstrate high performance in debt collection and to show that any increase in bad debt is genuinely beyond their control before they will be allowed to include it in customer charges. The current price review will challenge the poor performers to raise their game.
Japanese Knotweed
Baroness Byford Excerpts(10 years, 10 months ago)
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Lord De Mauley
My Lords, they are blessed with this psyllid, Aphalara itadori, and that is where we got it from. The issue is to ensure that it is as effective under our conditions as it is under Japanese conditions.
Baroness Byford
My Lords, is it not important that the Government take great precautions to prevent the importation of things such as Japanese knotweed? Such things do not just arrive; they are brought in. I know that there have been discussions at European level on the control of imports of plants; for example, Ash plants that might affect our trees, and many others. That is crucial because once Japanese knotweed gets hold, you cannot stop it.
Lord De Mauley
My noble friend is quite right. A non-native species risk assessment of Japanese knotweed has been carried out under the GB non-native species mechanism. It is one of more than 50 risk assessments on plants that have been published. Japanese knotweed is assessed as high risk. There are many others. My noble friend will be aware that we are doing considerable work bearing down on pests such as this which are coming at us from abroad.
EUC Report: EU Sugar Regime
Baroness Byford Excerpts(10 years, 11 months ago)
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Baroness Byford
My Lords, I thank the noble Lord, Lord Carter of Coles, for introducing the debate. I thank him for having chaired our committee for several Sessions. As he said, he is now handing over to the noble Baroness, Lady Scott of Needham Market, and we welcome her. The noble Lord has done a wonderful job for us on several reports.
My family’s farming interests meant that I had to withdraw from—or, I would rather say, did not take part in—this report. On our farm in Suffolk we grow about 100 acres of sugar beet. I therefore felt that it was not correct to take part in the report. I have not had the advantage of listening to the evidence given, so I am looking at this from a slightly different point of view. However, I was shadow Minister at the time when we debated the earlier reports, and I re-emphasise the frustration that the noble Lord, Lord Carter, has described that things move very slowly with regard to sugar reform. It reminded me of the occasions when we had reports from EU Sub-Committee D on fisheries. We were talking constantly about discards but for month after month and year after year nothing seemed to be done. However, to encourage us, at least that has now made a start and I hope that today’s debate will move things forward. To some extent, I have read the report from an outsider’s point of view, but before I go further I apologise to Members of the Committee if my words take them over a trail they have already travelled.
The report, Leaving a bitter taste?, was published in response to the many questions raised by the 2006 report. If it had been a direct response to the plight of the least developed countries to which the noble Lord has spoken, particularly those in the Caribbean, I would have applauded it even more than I am able to applaud it today. I share the frustration. For many years we have looked at what we could do to help our colleagues in those countries but, as we have heard, not much progress has been made.
The figures from the FOA quoted two weeks ago in the “Food Programme” on the radio showed that white sugar consumption per head per annum averages 12 kilograms in China, 27 kilograms in the UK, 33 kilograms across Europe and 25 kilograms globally. Assuming that we are moving towards a world population of 7 billion, that means that a world white sugar market of 175 million tonnes is likely in the future. Clearly we want to free up this market so that it can fulfil its role.
I am a little disappointed that we still have problems some seven years after the 2006 changes. These were highlighted in paragraph 12 of the report and were driven by the WTO ruling that the EU was subsidising its sugar exports by guaranteeing producers prices above world levels. As the noble Lord, Lord Carter, said, it is the most protective regime in existence.
Paragraph 13 summarises the effects that the regime change has across Europe. Here in the UK, prices for sugar beet fell, production was reduced and a number of processing factories have closed. The anticipated rise in raw sugar imports for refining did not happen. The beet processors built refining capacity, and I understand that Mauritius has started a refining industry. The outcome is a UK refining industry reportedly running at 60% capacity. The EU reference price has been brought down but the current market price for white sugar is some 16% higher than it was in July 2006. As a consumer, my observation of local shops is that the price is a further 13% or so above the market price in those days.
Surely the combination of sugar beet production quotas and the tariffs charged on raw cane and refined sugar can only be acting to keep the consumer price up, which I am sure we do not want to see. If you take another view, that might not be a bad thing in the light of the research findings on the damage done to our health by sugar consumption. I wish, however, that the arguments for the retention of tariffs and quotas were not put in a way that makes me think of the protection of EU income coming from the former and the benefits to France and Germany from the latter.
Having said that, however, I remember that Janet Young on many occasions introduced dinner debates in the House on the way in which we could help the ACP and less developed countries. She continually drew our attention to those former Commonwealth countries whose livelihoods depend almost entirely on raw cane, coconut and bananas. Following on from the questions of the noble Lord, Lord Carter, in that context, I would like to ask the Minister which countries have received transitional assistance, whether it has all been dispersed, and whether he is able to tell us how it has been spent. The noble Lord mentioned that there were not enough personnel to make this happen, but I wonder whether there is a broader picture to follow here.
In the event that further assistance is required, I am convinced that, whatever happens in the future, there must be a time limit on sugar quotas and a date set now to help prevent the manipulation of the market in future.
Surely China’s per-head consumption will continue to rise over the next decade, and the question has to be how the ACP countries and the less developed country producers could be helped to take advantage of the situation while making clear that this will be a short-term help and that they will have to stand on their own in future years. I am not quite clear from the report, not having heard the evidence, what it really is that is stopping the ACP countries from being able to process and develop, or whether they are continuing just to export their raw materials. If that is so, what steps could be put in place to help them to add value to their initial crop?
Here in the UK, farmers have grown beet for many years, with 50% of the sugar that we use coming from sugar beet that we have produced. With the CAP negotiations well under way, I would like to add to what the noble Lord, Lord Carter, has mentioned, that the CAP is looking at ways in which farmers will be encouraged to spread their crop production—in other words, not just wheat, rape and barley. In fact, for many farmers sugar beet is a good crop break because it puts goodness back into the ground, so from a cereal farmer’s point of view it is an important break. At the end of the day, however, it will be important that whoever produces the sugar, whether beet or cane, can make sufficient money out of it or they will not continue to grow it. In this country and in Europe, they will grow something else. Again, though, that is not a possibility for the ACP countries.
I understand that the market price for white sugar is something like €710, which is roughly £600 per tonne or 60p per kilo. Prices paid to farmers vary, but somewhere between £28 or £30 per tonne should be possible to obtain. That is 3p per kilo, and my observed off-the-shelf price to the consumer is about 79p per kilo. Does this perhaps ring a similarity with what happens with our dairy farmers across Europe? The question has to be: what is the reason for the price rising so much for the consumer while the actual producers of the cane and sugar beet have not grown? Changes to bagging and distribution and to the retail technology should surely have managed to counterbalance some of the rises that will have occurred, especially perhaps within fuel. Maybe the Minister can throw some light on the situation.
Both the report and the Government’s response make reference to inefficient production. That makes my mind wonder what is inefficient. Is it the growers, the producers or the people at the other end? Perhaps the Minister can tell us a little more about that—whether it is on the growing, the refining or the processing side, and which countries it occurs in the most, because we are looking across the whole of Europe.
I endorse the committee’s recommendation as laid out in paragraph 33, although I do not put out too much hope for an agreement in recognising the changes that were made before 2006 being taken forward.
The report is very worthy and goes into quite a bit of detail. However, to me, there are three real issues: first, the whole question of quotas and import restrictions; secondly, the ACP countries; and, thirdly, the CAP and where we are going in future years. I have had briefings, as perhaps have other noble Lords, from the UK Industrial Sugar Users Group, which has highlighted the need for wide-ranging reform of the EU sugar regime without delay. It goes on to suggest in that briefing:
“The competitiveness of manufacturers of products containing sugar is severely impacted by existing EU sugar policy”.
We should bear in mind that this is a huge sector that employs about 70,000 people, with a turnover of more than £12.3 billion, accounting for about 70% of the sugar usage in the UK. A little further on, it says:
“The mistake is graver because the maintenance of sugar quotas will not benefit European farmers and the EU sugar sector overall either: shortage of domestic supply, growing global demand and rising world prices are opportunities that European farmers and sugar processors can exploit if the production and export restrictions that the quota system imposes are removed”.
I have tried not to view it from a producer’s point of view but there are clearly things that the report identified very specifically, which I would like to highlight and reflect in this short contribution. I thank the noble Lord, Lord Carter, again for initiating the debate.
Bee Population
Baroness Byford Excerpts(11 years, 4 months ago)
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Baroness Byford
My Lords, I congratulate my noble friend Lord Moynihan on returning to this important subject today and reminding us of the disease affecting our native honey bees, which is even more acute than it was when he had his debate in 2009. He spoke about the importance of biodiversity, which I totally support, and the seriousness of the honey bees’ decline. At the time of that debate, the Government pledged some £10 million to research projects. I hope that the Minister, in winding up, will be able to tell us more about the outcome of that and what the work has produced.
I pay tribute to the British Beekeepers Association, bee farmers and others who promote good beekeeping practice and are willing to share their knowledge. As we have heard, finance is limited and, therefore, the amount and quality of the help available for those starting up in beekeeping is rather patchy. It is better in some areas than others.
We do not keep bees at home but our lime trees attract wild bees, although there were noticeably fewer of them around this year. I know that they do not fare very well in cold, wet conditions and we all know what has happened this year. The Met Office has provided statistics to remind us of the preponderance of abnormal rainfall over the past decade. We also have flowers and a vegetable patch and we grow fruit at home. We have a few beehives on the farm in Suffolk, which we believe makes good sense. I think that it was estimated in 2009 that the bee contribution to commercial crops was worth between £150 million and £300 million. The last figure I had for this year was £500 million but, again, the Minister can clarify that for me. We grow oil seed rape and cereals on the farm. Indeed, I can tell the noble Baroness that we are members of the entry level scheme and that we try to have areas that allow for biodiversity. I think that more farmers are increasingly aware not just of their responsibilities in producing biodiversity areas but of its importance, particularly for bees.
In January, Natural England announced changes to the regulations affecting the importation of bumblebees for commercial pollination which are designed to safeguard the health of the native bee. Non-native bees are important and are used for pollination in commercial horticulture in England. I believe that some 10,000 colonies were imported last year. One of the questions raised is whether it is possible that long-distance transportation also affects their health. I do know the answer to that at all. The new licensing regime requires all growers wishing to use non-native bumblebees to register their premises with Natural England. I am not in favour of lots of regulation but I am sure that this is a very essential step. The rules include a requirement to follow improved disease-screening protocols, to restrict the use of these bees to polytunnels or greenhouses, taking all reasonable steps to prevent them escaping, and, finally, to destroy them to prevent them establishing in the wild.
We have heard that disease can wipe out colonies very quickly. The Food and Environment Research Agency has a bee unit, which is responsible for the enforcement of statutory disease and pest controls. It also runs programmes giving training and advice to beekeepers. I welcome the voluntary surveillance studies initiated by the European Commission and currently undertaken by 17 member states. The first results are due in the spring and we await their analysis with interest later this year.
For many years, it has been suggested that treatments applied to plants and the land to improve the quality and quantity of agricultural produce were the cause of deaths among birds, small animals and wildlife. We now know that many things that are recommended for the lessening or eradication of one problem may well worsen another. It is therefore surely right that the research continues. In September last year, a Defra report stated that the use of pesticides was not unequivocally linked to bee deaths. Continuous review of research is essential if we are to reduce this infection in the bee population. Looking at Parliamentary Written Answers over recent weeks tends to make one feel that climate change is not the sole or even the main cause of bee deaths. If it were, there would be a chance that nature might adapt and find a new balance.
On 29 November, the Minister referred to the publication on 18 September 2012 of a study on honey bees and bumblebees and a subsequent study on bumblebees that was discussed on 13 November by the Advisory Committee on Pesticides. He did not have any resulting recommendations. Is he able to update us on that? In December last year, the Minister stated that the Government are,
“currently considering a range of evidence on the state of bees and other pollinators in order to determine what action is required”.—[Official Report, 3/12/12; col. WA 97.]
I understand that this will be completed early in 2013. If the underlying research is successful, we should then know whether the actual levels are abnormal. I also understand that the Government have commissioned work into the exposure of wild bumblebees to sub-lethal insecticide doses, to which my noble friend referred earlier.
On 11 December last year, the Minister wrote about the UK National Ecosystem Assessment, which was published in 2012. It concluded that wild bee diversity had declined in most landscapes, as had many insect species with specialised feeding or habitat requirements. The Minister drew attention to a recently begun review by Natural England on the status of invertebrates in England. What is the timetable for that? Has the Minister any news on it?
I also wonder whether we are looking in all the right places. Over the past decade there has been an increase in the number, nature and variety of diseases affecting plants and trees. Has there been any research into the effect of such disease on the insects that visit them? Is there any evidence that insects can recognise when a plant or tree is affected and, if so, do they avoid it? Is there any possibility that diseased plants or trees are more attractive to insects? We continue to import huge numbers of trees and plants into this country. One has to pose the question whether that is bringing in disease as well.
I read with interest the POSTnote of the Parliamentary Office of Science and Technology on insect pollination, which stated that there have been large-scale honey bee losses over the past 200 years, and that those had occurred some 30 times in 200 years. It would be interesting to know how many have occurred in, say, the past 50 years because, if a lot of them occurred prior to that, the use of herbicides might be questioned and the changes in the way that farming has been carried out in recent years might also be taken into account. I had not got my mind round that interesting issue and was very grateful for that document.
As other noble Lords have said, honey bees are hugely important to us as individuals but this issue is a global phenomenon. If we in this country could be part of research and development that managed to resolve this problem, we would do the world a great service.
The NFU briefing reminds us that our investigations need to be based on science rather than accepting the claims of people who say that this problem is all due to pesticides. I know that the Government are very focused in their approach to the whole question of the bumblebee and bumblebee research. I congratulate my noble friend on his past three years of work and on his work as a beekeeper. As I say, my family do not keep bees but we know how valuable they are on our farm.
EUC Report: EU Freshwater Policy
Baroness Byford Excerpts(11 years, 5 months ago)
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Baroness Byford
My Lords, I am grateful to noble Lords for allowing me to speak in the gap. I apologise to the noble Lord, Lord Carter of Coles, for missing his opening two minutes. I could not get down quick enough and I apologise. I am afraid that my speech will be very staccato.
We held an important review of resource which, whether it concerns drought, flooding or pollution, is crucial to us all. One issue that came across in one or two of the contributions that we received was the lack of urgency, particularly among the water companies. That certainly worried me enormously, and so I might name them. The way we monitor, enforce and bring together differing standards was another common denominator, as other noble Lords have said.
One issue that has not been touched on in the debate—unless it was mentioned before I came into the Chamber—was the question of how we take water samples. The noble Lord, Lord Lewis, when he was with us, was very critical of this. He questioned what water samples were taken, at what time of day and, therefore, what the results were.
Noble Lords have already covered local catchment areas and some of the good practices that are taking place in that area. Public engagement in that is also hugely important and the sharing of best practice cannot be underestimated.
The committee looked at the “one out, all out” approach and felt that it was a very blunt instrument. However, within that, we recognised that progress had been achieved. If we had not had that approach, perhaps we would not have progressed as much. Perhaps the Minister will comment on whether there has been any different thinking in that area.
Jumping ahead to rural development and, particularly, the agricultural programme, £21.5 million has been allocated this year to consider diffuse pollution from agriculture. I wonder how much of that money has been used, in how many projects and whether any that has not been used can be carried forward for another year.
Other noble Lords have referred to leaks. In our report, we considered the question of allowing water prices to increase. However, before we do that, I hope that we will hold the water companies and others providing water to account. It seems to be the wrong way round. We should encourage the water companies to rectify the situation rather than allow them to put up their prices. I look forward to hearing the responses of other people but I, too, would like to pick up on a comment that was made and say that the Government’s response has been encouraging, but there is a lot of work to be done.
I ask the Minister to respond on the issue of virtual water. It is our responsibility in this country to use our water as best we can. As my noble friend Lord Cameron of Dillington inferred, many countries in the world do not have that option. It would be irresponsible of us not to make use of what we have to the best of our ability. In doing that, and in food production particularly—I remind the House of my family’s farming interest—we have a great responsibility which we cannot afford to dodge.
I thank the noble Lord, Lord Carter, and the team who looked after us so well. I again apologise to the House for being two minutes late and, therefore, for a worthwhile speech being useless.
Farming Regulation Task Force
Baroness Byford Excerpts(11 years, 10 months ago)
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Baroness Byford
To ask Her Majesty’s Government what progress they are making on implementing the recommendations from the Farming Regulation Task Force report.
Lord Gardiner of Kimble
My Lords, on behalf of my noble friend Lady Byford, and with her permission, I beg leave to ask the Question standing in her name on the Order Paper. I declare my noble friend’s and my own farming interests on the register.