Infrastructure Bill [HL]

Baroness Parminter Excerpts

Tuesday 8th July 2014 Grand Committee

[Lord Berkeley]

My Lords, these are interesting amendments which, as the noble Lord, Lord Bradshaw, has said, cover a wide range of issues. It is definitely time to revisit the issue of damaged roads. Road vehicles are getting heavier and their tyre pressures are higher, but that may be balanced by improved suspension systems, making this a complicated calculation. Of course, higher speed incurs more damage to vehicles of all types. It is reasonable that vehicle excise duty, in the absence of any sort of road user charge, should reflect the different types of damage caused to roads as well as congestion and pollution. We need also to take into account something else which has come to the fore in the past few years. Worsening road surfaces are having a serious effect on cyclists. If the Government want more people to take up cycling, it must be safe for them to do so. A large pothole can cause a cyclist to fall off their bike and hurt themselves, and at night the potholes cannot be seen because they are so deep. It is a serious issue and now would be a very good time to address it.

On proposed new paragraphs (2)(c) and (d) in Amendment 64, we are where we are with the undertakers. I suspect that that is one reason why we do not do more with our roads. Constructing trams in cities is so expensive because the private sector undertakers take anybody to the cleaners if they want to build anything. I do not see an easy solution, except that they need to be kept up to the mark and ensure not only that the quality of the reinstatement is good but that the time it takes is kept short. Some emergency potholes and road works are there for weeks.

On new paragraph (d), damage to the roads in the past couple of winters probably reflects the same cause and effect as damage to the rail network: the weather has been very bad. The motorways mostly stayed open, as did the existing high-speed rail link because they have been designed and built in the past 50 years to cope with the current forecast weather conditions and using more modern drainage systems—slopes on cuttings and so on—which are appropriate. Most of the other roads and the classic railway system has suffered from being built 100 or 150 years ago. It is time to look at all that again, and it would be interesting to see the results. I hope that the Minister will look on the amendment with favour.

[Baroness Parminter (LD)]

I support the Minister looking closely at the amendment from my noble friend Lord Bradshaw for two reasons: first, because of the point he made that we need roads of good quality, whether you are the user of a car, a cyclist or some other person travelling on the road. We are facing far less revenue coming in to the Treasury to pay for them and need to find other sources of funding. That seems to be a reasonable proposal.

Secondly, I follow on from the comments of the noble Lord, Lord Berkeley, about cyclists. I speak as someone whose husband suffered a serious cycling accident two years ago—the police do not know whether it was because he went into a pothole or was hit by a car and then hit a pothole, but potholes were clearly involved in that accident, and he still has no recollection of what happened. There is an increasing number of good reasons to encourage children on to bicycles. I speak as someone who cycles my youngest to school when I can. It is madness for us to want children to be encouraged to go out to cycle for the health benefits that that gives them if, by the time they are adults and cycling to work, the roads are in such poor condition that it is not safe for them to go on them.

We need safe and well funded roads, which means that the Government are going to have to be creative in how we find that money. I think that the amendment offers an opportunity for further discussion and debate.

[Lord Davies of Oldham]

My Lords, my noble friend Lord Bradshaw is nothing if not creative in his response to transport problems. I guess that this is a creation a little too far for the Minister, but we shall see from her response. I understand my noble friend’s arguments and agree with some of them very strongly. We do not have a real measurement of the impact on our roads of heavy vehicles. The most amazing thing that any road user has to come to terms with is looking at the carriageways which heavy trucks have been traversing and then at the other two which are used by cars. You are looking at what is virtually trench warfare. The impressions in the surface reflect the enormous impact of goods vehicles, so whether they pay enough is a challenging financial issue. I am sure that the Minister will be able to explain just how great that challenge is.

On the question of potholes, I do not deny that there are potholes on all our roads. They are a serious issue on our main trunk road networks because vehicles can become involved in desperately bad accidents either through hitting them or by seeking to evade them at the last moment. However, I venture to suggest that most of the problems of potholes are not on the strategic road network; they are on the local road network. That is where we have such a massive problem, which is partly a product of our perhaps not employing the best possible techniques when building them and partly because we have had some very severe weather in recent winters. We all know the havoc that that has wrought on our roads. However, that does not alter the facts. I know that the Government talk of extra sums being made available, but they look pretty thin on the ground for local authorities when it comes to the challenges they face.

I have considerable sympathy with the amendment of the noble Lord, Lord Bradshaw, not least because he sees yet another opportunity to articulate clearly an important dimension of our transport anxieties. I am just grateful that it is the Minister who has the task of allaying them.

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Moved by

[Baroness Parminter]

64A: Clause 16, page 10, line 29, after “9” insert “, excluding indigenous species”

[Baroness Parminter]

My Lords, after the destruction of habitats, the introduction of invasive non-native species is perhaps the most urgent threat to biodiversity. There are more than 3,000 non-native species in Britain today. Some are very familiar, such as the grey squirrel or the Himalayan balsam that clogs up our riverbanks. Others are less obvious, such as the signal crayfish or harlequin ladybirds, but their impacts can be just as serious.

The economic impact of invasive species on the UK has been estimated at £1.8 billion every year, which includes £1 billion to the agriculture and horticulture sectors and more than £200 million to the construction, development and infrastructure sectors. More personally, invasive non-native species impact on our sense of place—what makes our corners of Britain distinctive and precious. That is why it is important for the Government to act. I warmly welcome the principles behind Clause 16, which would introduce new powers to compel landowners to take action on invasive non-native species or permit others to enter their land and carry out those operations. However, I have introduced Amendments 64A and 65A to explore two apparent weaknesses in the drafting of the clause.

The Bill defines a species as non-native if it is listed in Part 1 or 2 of Schedule 9 of the Wildlife and Countryside Act 1981, or if,

“it is not ordinarily resident in, or a regular visitor to, Great Britain in a wild state”.

Both of these definitions seem to me to be rather problematic. Defining something as non-native if it is not ordinarily resident in Britain could end up rendering species that have gone extinct as non-native, just because they are not currently resident. As it is drafted, new paragraph 2(3)(b) of Schedule 9A effectively sets the status quo of British biodiversity in law—a one-way system for biodiversity loss, as once an animal ceases to appear in the wild, it ceases to be native.

Of course, this definition applies in the case of species-control powers, so I accept that it will be up to the environmental agencies when to use those powers. However, it would seem perverse to create a legal definition of “non-native” that could apply to species that return to our shores after becoming extinct, or that we wish to reintroduce. I am concerned that this definition could create a precedent or perhaps interfere with important future reintroduction programmes. Reintroductions help to enrich biodiversity in the UK, contribute to international conservation and improve people’s enjoyment of nature. Species that were once indigenous to the UK that have been reintroduced include capercaillie and short-haired bumblebees.

The second problem with the definition in the Bill is that it would define animals and plants listed in Part 1 or 2 of Schedule 9 of the Wildlife and Countryside Act 1981 as “non-native”. Why would that apparently define several species that are currently resident as non-native? The schedule was last revised in 2010. Part 1 lists:

“Animals which are established in the wild”,

and currently includes 67 non-native species that are considered invasive, such as the grey squirrel. However, it also includes nine species or birds that are indigenous, two of which became extinct in Britain but have been reintroduced: the capercaillie, which I mentioned previously, and white-tailed eagles. Birds such as the barn owl, the chough, the corncrake, the goshawk and the red kite were added in 2010. Amendment 64A would exclude indigenous species from the lists in Schedule 9, so species such as the white-tailed eagle would not be wrongly defined as non-native. Amendment 65A would simply add the words,

“and has never been indigenous to”,

to the definition of “non-native species”. Ecologically, “indigenous” refers to the presence of a species in a region as a result of natural processes, without human intervention. My amendment would therefore exclude from the definition of “non-native” animals that were once naturally resident in the UK and have at some point gone extinct.

Clause 16 seems to define as “non-native” several species that are in fact indigenous to the UK. There is an important principle at stake here: that species that have gone extinct, often because of human actions, should not subsequently be considered non-native. My amendments are intended to help to improve the definition of “non-native”, and equally would help the Government to commit to enhance the UK’s biodiversity, as they have promised to do on numerous occasions. I beg to move.

[Lord Teverson]

My Lords, I very much support my noble friend’s amendment, to which I have added my name. I was looking through Schedule 9 to the Wildlife and Countryside Act to see what sort of things were in it. There is everything from budgerigars to Egyptian geese, night herons and parakeets, so there is quite a bit there. The thing that struck me about the importance of this issue is that if we look at Cornwall not as a nation—which of course it is—but as a sovereign nation, its national bird, which features on its coat of arms with a fisherman and a miner, is of course a chough. It is widely known in Britain as the Cornish chough. Regrettably, it disappeared from Cornwall in 1947, but I am pleased to say that it reintroduced itself from Ireland in 2001 and since then has been fairly active in reproduction and has succeeded in west Cornwall. If we went back and passed this legislation in 2000 and looked upon Cornwall as an ecological area, we would now see the chough as an alien species, despite the fact that it is our national bird. I use that as a broad illustration of the issue. Having said that, it is an important issue. I absolutely support this part of the Bill and see this as a very important area.

We really should not mention Japanese knotweed, although that is in Schedule 9. If we are not allowed to talk about Japanese knotweed I could call it Polygonum cuspidatum.

This is an important area, but clearly animals and plants that have been part of the British habitat over a long period are native species and can return. We all know of important reintroduction programmes that have taken place. We should welcome them rather than outlaw them.

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The noble Lord, Lord Berkeley, suggested that we should change the definition of the word “species”. The definition set out in the Wildlife and Countryside Act 1981 is in fact well established and does what he intends it to do. It is a broad, simple definition which includes sub-species. For clarification, an “animal” includes all the major groups, which include invertebrates, fishes, amphibians, reptiles, mammals, birds and many other groups. The definition of “plants” includes fungi and algae. We have an accepted definition which covers the territory that the noble Lord, Lord Berkeley, was anxious about. I ask the Committee for the flexibility not to provide a blanket protection for a species that once existed in the United Kingdom, because the examples I have given make it clear that we need to look at these issues on a case-by-case basis. The code of practice will aid us in understanding how the process can be applied. With that, I hope that the noble Baroness will feel able to withdraw the amendment.

[Baroness Parminter]

I thank the Minister for those comments. It is encouraging that the comments from around the Committee show just how supportive we are for the initiative that the Government are taking.

The definition of non-native invasive species is key not just to what the Government are rightly trying to achieve here but to the impact that it could have on future reintroduction programmes. I hear the Minister when she says that we should not be opening almost a blanket pass for what are now extinct but were once indigenous species. Given that this, for me, causes some problems, I would certainly want some reassurances before we get to Report about the processes for assessing reintroductions. Clearly, we need to give species as much support as possible to meet our biodiversity targets. There are plenty of people who will argue against reintroduction and I would not want that definition to give those people any succour. If this definition is to stand, there must be a very clear process with which we feel comfortable for the assessment of reintroduction so that biodiversity can be put at the heart of that process. On the basis that the Minister has said that there will be a code of practice for us to scrutinise before Report, I am more than happy to withdraw the amendment.

Amendment 64A withdrawn.