Infrastructure Bill [HL]

Baroness Young of Old Scone Excerpts

Monday 3rd November 2014 Lords Chamber

[Baroness Parminter (LD)]

My Lords, like the noble Lord, Lord Davies, I thank the Government for the large number of amendments and the movement that has been secured by the Minister and civil servants since we met in Grand Committee. We are all in support of the Government’s intention to deal with the problem of non-native invasive species, but we were concerned about some of the possibly unintended but nevertheless serious consequences of some of the wording around non-native. I will not repeat the arguments because the time is late, but I am particularly pleased that the Government have, through these amendments, addressed those particular issues of definition and that the native species that were wrongly classified as non-natives have been moved into a separate section.

However, another area of concern was the potential for this legislation to impact on future reintroductions of formerly native species that could have important benefits for biodiversity targets and people’s experience and appreciation of nature. We are all opposed to unlicensed reintroductions but question marks still remain over the ability of control orders to apply, for example, to formerly extinct animals that naturally recolonise here. I accept that getting definitions to cover all these potentialities is extremely difficult and it may be asking too much for the Bill to cope with that. Therefore, it was extremely reassuring in Committee to hear the Minister say that control orders would be looked at on a case-by-case basis. However, it is equally key that the code of practice is used to set out the intent of the limited use of control orders. I am therefore pleased that the Government have moved to ensure full public consultation on the code of practice. The opportunity to give further reassurances about the use of control orders could be done by more expansively setting out their proposed limited use therein.

I have a question about Amendments 84 and 85, tabled by the noble Lord, Lord Davies of Oldham. Proposed new Part 1B amends Schedule 9 to the Wildlife and Countryside Act to include animals no longer normally present. The addition by the noble Lord, Lord Davies, of the beaver prompts me to ask the Minister, like him, what criteria the department are using to select just wild boar to be included in the proposed new Part 1B. I invite the Minister to say a few more words in her summing up about the criteria that would be used to assess any other species that might be added. As she said, the beaver might be one of those. It is important that we are clear about the criteria before we move forward.

[Baroness Young of Old Scone (Non-Afl)]

My Lords, I add my thanks to the Minister for her amendments, which have removed some of the anomalies that resulted from the original drafting. I commend the Government for the principle of tackling in legislation, at long last, the issue of invasive non-native species—something that has been called for for many years. We are nearly there but it does need some further improvement. However, I join the barn owls, red kites and corncrakes in thanking the Minister for the progress made so far.

However, in common with many other noble Lords tonight, I am rather unclear about the Government’s intentions as other changes created by the new drafting seem to have some adverse aspects. They stem, for the most part, from the move from the original intention of this clause in the Bill as it was first drafted, which was to address the problem of invasive non-native species. That was very much stressed in the Explanatory Notes. However, the debate in Committee and the amendments as they have come forward seem to indicate that the clause is now seen as being wider than its original intent of simply addressing invasive non-native species, and that it could include the control of some species that I would regard as de facto native. The crux of this is the tricky new category of “no longer normally present”.

If I understand it correctly, the effect of the amendment would mean that it would still be possible to apply control orders to native species. This might be appropriate for those unlicensed reintroductions that have proven problematic in some circumstances, but the clause rather goes beyond that. It specifically introduces, in new Part 1B of Schedule 9 to the Wildlife and Countryside Act, the category of species not normally present, into which boar has been placed. I agree with other noble Lords that we need some clarity about why boar was selected, and what criteria would be used were other species to be added to this part of the schedule in the future.

We also have to be mindful of EU legislation. It is important to understand how this provision would sit with Article 12 of the habitats directive, which gives special protections to species within their natural range, listed in Annex IV, regardless of how they arrive there. I ask whether it is really the Government’s wish to apply control orders to animals that have formerly been present in Great Britain and have naturally recolonised this country. A consequence of the “no longer normally present” definition could be that an animal that has been extinct in Great Britain but starts to recolonise the country could be subject to a species control order.

Even though it is this time of night, I will briefly commend the spirited support for the beaver by the noble Lord, Lord Davies of Oldham. The beaver is an excellent creature, which one could have said was no longer normally present for a while, but it appears to be very much present and breeding like beavers at the moment. I will correct some of the misapprehensions that arose in discussions about the beaver in Committee. The European beaver is extremely different from the North American beaver. It does not build whacking great dams and it does not create floods. In fact, it is one of the most perfect managers of mosaics and beautiful habitats that I have ever seen. If noble Lords get a chance to go and see a habitat as managed by a European beaver in Scotland or, indeed, any of the other places where it is popping up and breeding well, do go. It is a delight. Certainly, I cannot imagine the circumstances in which a vegetarian animal, which creates no damage, could possibly ever be subject to a control order.

To conclude, I am grateful that the clause is now better, but a little extra push could get us all the way. In particular, I urge the Minister, as well as answering my points, to tell the House why the Government want to extend the purpose of the clause beyond invasive non-native species and what they are trying to achieve through the definition of “no longer normally present”.

I hope that the Government will address those issues; if not now, when the Bill proceeds to the other place.