Water Bill

Geoffrey Clifton-Brown Excerpts

Monday 25th November 2013 Commons Chamber

[Dan Rogerson]

We saw bills cut for a period, but then they went back up again. If we talk to our constituents about their memories of water bills over the past few years, both in the run-up to the general election and since in the price review period presided over by the previous Government, we will hear that their experience was that bills were rising.

On the environmental benefits since privatisation, we have seen huge improvements—for example, in bathing water quality—and that is very much to be welcomed and something that we should dwell on. We have had the opportunity to consider how that progress has been made. Of course, we will see further challenging regulation on bathing water quality in future, so it is absolutely vital that the industry, along with everyone else in the community who can influence water quality, is ready for the challenge, to make it even better.

The Bill seeks to look at market reform, because we need water supplies that are resilient to future pressures, while keeping bills affordable and, indeed, minimising the impact on the environment. That is competition not for the sake of it, but to drive greater efficiencies in the water industry and encourage more innovation. The benefits to business customers are obvious: more choice, better customer service and packages tailored to their needs.

All customers, including householders, will benefit from an industry that is incentivised to look for the most efficient way to meet future demand. We know that that works in practice. Last week, I visited a housing development in Rissington in Gloucestershire, where Albion Water—a new entrant—is supplying water and sewerage services. With its innovative solutions, it can provide separate supplies of drinking water and recycled greywater to houses in the development. It can therefore compete successfully against the incumbent water company on price, while reducing daily drinking water consumption by nearly half. That is evolution, rather than a radical overhaul.

Since privatisation, the industry has been successful in bringing in investment, which has delivered huge improvements, as I have mentioned. We have a strong and stable regulatory regime and no intention of disrupting it. That is why we are working closely with the industry to develop future markets.

Market reform is understandably of great interest to hon. Members. They want to know about it from both perspectives: they are concerned in some cases that we might be going too far, and in others that we might not be going far enough. Some Members, such as my hon. Friend the Member for St Austell and Newquay (Stephen Gilbert), are keen to see competition in the residential sector, but we want to ensure that the change that we introduce is proportionate and that we proceed on a good evidence base. We can learn from the experience of Scotland, where business customers and non-domestic customers increasingly benefit from competition, so we know that the system can work. Competition in the residential sector would be a huge change, so we would have to come to anything that we wanted to do in that area at a later date. However, I take on board my hon. Friend’s comments and am reassured that he is observing that.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

At least half my constituency is supplied by Thames Water. There are consistent rumours that it is thinking about forcing all its customers on to water meters. Will the Bill make it easier for Thames Water to do that?

[Dan Rogerson]

Companies in water-stressed areas will be able to push people towards meters. Of course, new properties are customarily metered now, as a result of existing legislation. As we have heard today, there is a range of views on whether metering is desirable. Certainly, with regard to managing a scarce resource, it is desirable, but we must carefully examine the implications, such as the cost of the investment needed to install meters and the impact on bills, because there are always winners and losers. We need to look at that closely, as we move forward.

Oral Answers to Questions

Geoffrey Clifton-Brown Excerpts

Thursday 21st November 2013 Commons Chamber

[Michael Fabricant (Lichfield) (Con)]

5. What further progress has been made on encouraging British nationals resident overseas to vote in UK general elections; and if he will make a statement.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

7. What progress has been made by the Electoral Commission on setting a target for increasing the number of eligible overseas voters registering before the next general election.

[Mr Gary Streeter (South West Devon)]

Since May 2013, the Electoral Commission has met representatives from political parties and officials from the Foreign and Commonwealth Office to discuss how they can work together to reach eligible electors overseas to encourage them to register to vote. That has helped to inform the development of the commission’s extensive public awareness campaign for overseas voters in 2014 ahead of the European parliamentary elections. Finally, the commission has set a target for its overseas public awareness campaign for the 2014 parliamentary elections to be more than three times as effective as the campaign it ran in 2009.

[Mr Streeter]

Those are all issues that the Electoral Commission has considered and will continue to consider. In particular, it sends press releases and articles to English-speaking newspapers and radio stations in areas that are strongly populated by expats. The Electoral Commission also conducts a rigorous online campaign to try to persuade people of the benefits of voting in a British election.

[Geoffrey Clifton-Brown]

Is my hon. Friend aware that there are estimated to be 3 million Britons living abroad who could potentially vote yet at the 2010 election only 20,000 were registered to vote? Does he not think that that is a shocking statistic and will he encourage the Electoral Commission to set a target to increase that figure to 100,000 by the 2015 election?

[Mr Streeter]

I certainly agree that it is a shocking figure. Many people are working very hard to try to increase the numbers of British people who are registered to vote. There is a target to increase the number of overseas voters who download the registration form for the 2014 European election to three times the number there were in 2009. If we were to increase the 2010 figure threefold, that would take us to about 100,000 downloads in 2015, which would perhaps be much more beneficial.

Dog Control and Welfare

Geoffrey Clifton-Brown Excerpts

Thursday 13th June 2013 Westminster Hall

[Miss McIntosh]

I am grateful to the hon. Gentleman, and I am sure that the Minister will have heard his remarks; I hope he will endorse what the hon. Gentleman has said.

We had only eight sitting days to conclude our work. We are grateful to the 40 or so individuals and organisations who sent written evidence on a tight time scale, and to those who gave oral evidence. That demonstrates the importance that many attach to finding better ways to tackle dangerous dogs. In our pre-legislative scrutiny report, we made numerous recommendations for improving the draft Bill, which we now expect the Government to amend. As I said to my hon. Friend the Minister, the Committee stands prepared to table amendments to improve the Bill if we think fit.

We feel that the Bill shows that the Minister has not fully understood the public concern about dangerous dogs, nor have Government policies matched the action required. Our headline findings are that the Government have failed to respond adequately to public concern about dog attacks and poor dog welfare; that legislation must be amended urgently to protect the public from dangerous dogs; that current laws have comprehensively failed to tackle irresponsible dog ownership; and that the Department for Environment, Food and Rural Affairs proposals published belatedly in February are too limited.

The evidence we received from DEFRA and the Home Office did little to reassure us that either Department is giving sufficient priority to dog control and welfare issues. The Home Office approach to tackling antisocial behaviour is too simplistic. Indeed, when we were in opposition, the Conservatives felt that antisocial behaviour was not the right vehicle. The legislation fails to reflect the impact that poor breeding and training by irresponsible owners can have on a dog’s behaviour.

We recommended that DEFRA should introduce comprehensive legislation to consolidate the fragmented rules relating to dog control and welfare. New rules should give enforcement officers more effective powers, and our key recommendation is to include dog control notices, such as those already in use in Scotland, to prevent dog-related antisocial behaviour.

We also found that local authorities need to devote more resources to the effective management of stray dogs or else consideration should be given to returning responsibility to the police. We stand by that recommendation. The Committee agreed that all dogs should be microchipped, as much for animal welfare as for controlling dangerous dogs, and that being able to link an animal to its owner was essential to clamp down on irresponsible dog ownership.

On a personal note, may I remind the House that when we had dog licensing—I am sure the Minister will confirm this—only 50% of dog owners bought a dog licence in any one year? The House and the public expect us to bear down on the irresponsible dog owners who did not purchase a licence and who may not microchip.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I am grateful to my hon. Friend the Chair of the Select Committee for her excellent speech, and I apologise for interrupting it. She mentioned the issue of dog microchipping, which is extremely important to combat many of the problems that she has outlined with dangerous and stray dogs. It is the Government’s current intention to introduce such a measure in 2016. The position in respect of horses is the same, so should it not be possible with modern technology to accelerate the process?

[Miss McIntosh]

I welcome my hon. Friend’s intervention. It is important that we get the measure right. The parallel with horse passports is appropriate, but we need to see the guidance and exactly how the programme will be rolled out. Microchipping is an important tool, but it is not the full answer.

--- Later in debate ---

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I am grateful that I have caught your eye, Mr Turner. Dogs’ hackles are up and their hair is on end. I welcome my hon. Friend the Minister to the Chamber to respond to the debate, and I hope that he will be able to calm some of the nerves that I will allude to. I congratulate my hon. Friend the Member for Thirsk and Malton (Miss McIntosh) on this timely and important report. Her Committee has done dog welfare a great service.

I have taken a strong interest in the welfare of dogs for a number of years, and have been involved in a campaign with my constituent, Carol Fowler, for the past eight. Highlights of the campaign led to the BBC1 documentary, “Pedigree Dogs Exposed”, which I am sure many hon. Members saw. It graphically exposed welfare issues associated with pedigree dogs and genetic health.

There are some horrific examples—particularly Chiari malformation and syringomyelia in Cavalier King Charles spaniels; as you may know, Mr Turner, the brain grows too large for the size of the skull, causing some sufferers to writhe around in agony before they die. There are many other examples, including boxer dogs having heart diseases and German Shepherds having abnormal hip joint development, causing them to die prematurely. The programme led to the BBC suspending its broadcasting of Crufts, which, given its 42-year history with the broadcaster, was highly symbolic.

I want to touch on four of the issues that several hon. Members have raised. First, we must tackle the horrific business of inherited genetic disease through improper breeding, which can seriously compromise dogs’ welfare. Secondly, we need a proper microchipping process for dogs. Thirdly, I want to talk about puppy farms and fourthly about puppy contracts.

Welfare problems caused by those who buy problem dogs are extensive both financially and emotionally. Such puppies often die prematurely and their owners have to face the associated costs, including vets’ fees, and the emotional trauma that goes with that. I will concentrate on dog welfare today. We should remember that dogs are sentient beings who can feel both pain and fear.

The Government must not wash their hands of all aspects of dog breeding, particularly when welfare problems are involved, and they could use a light regulatory touch with a sector of welfare groups operating properly through the Animal Health and Welfare Board for England. There must be responsible dog-breeding regulation so that puppies are sold to suitable owners and socialised properly, which would alleviate many of the dog control problems to which hon. Members have alluded.

I turn first to the lack of funding. The Animal Health and Welfare Board for England is, rightly, weighted towards farm animals and received £200,000 from the Department for Environment, Food and Rural Affairs. The Farm Animal Welfare Council received £280,000. In contrast, the Dog Advisory Council, which is so ably chaired by Professor Sheila Crispin, had to make do with a mere shoestring budget of £28,000 last year. It tried to approach the pet food industry for more funding, but that has so far failed. The Dog Advisory Council has been widely acknowledged as providing the most independent, far-reaching welfare advice of any of the dog organisations.

That brings me to the second, perhaps most important part of my speech, and the issue that is causing so much unhappiness; I hope that the Minister pays close attention. It seems that a new canine and feline sector group has been established, with a surprising lack of consultation anywhere. If there is to be a new organisation, it should be fully independent from any sectoral interests. Only with an independent group will the correct provisions be put in place to protect the welfare of dogs in the UK.

I also question the establishment of the group. I do not understand why it was set up, what the process for the recruitment of its members was, or how the group is to be funded, and I would be grateful if the Minister clarified those issues. Was the group and its membership established under the Nolan principles?

I understand that the new group will be under the chairmanship of Professor Steve Dean. I have met him, and he is extremely knowledgeable about dogs—the problem is that he happens to be chairman of the Kennel Club. It would appear that a cosy relationship has formed between the Kennel Club and DEFRA, which, as I said in a letter to the noble Lord de Mauley, is seriously dividing opinion-formers in the dog world, and compromising, I believe, the welfare of dogs. The creation of the new group and the choice of chairman have created hostility in the dog world. Any chairman of a dog welfare board, I suggest to the Minister, should be able to unite, not divide, that world.

The position of the Kennel Club as a regulatory body seems to have been elevated recently, following a speech from Professor Steve Dean, in which he said that the Kennel Club had the

“primary role as the regulator for the welfare of dogs”,

and had worked with DEFRA to form the canine and feline sector group, under his chairmanship.

There is a fundamental conflict of interest in the Kennel Club’s taking a leading role in the welfare of dogs, as its main source of income comes from the fees that it charges for the registering and transfer of ownership of puppies. Therefore, it is not in the Kennel Club’s interest to restrict the number of organisations by imposing tougher health requirements. Given that conflict of interest, I do not believe that the Kennel Club is the best organisation to be given responsibility for the regulation of dog welfare.

The establishment of any group should at least have had involvement from the Dog Advisory Council, which provides expert independent advice on how best to advance the welfare of dogs. It would have been far more beneficial to build on the Dog Advisory Council’s work, rather than to establish this entirely new group under the Kennel Club’s chairman. The advice given by the Dog Advisory Council is truly independent and widely respected by all dog groups.

If we are to work within the current structures, they must be rigorously independent and have the Dog Advisory Council at their heart. I believe that the Dog Advisory Council should remain in place until such time as a suitable structure is formed that can guarantee the independence and regulation of dog welfare. Following that, a dedicated dog subsection should remain in any canine and feline group, due to the population of dogs and the problems that we have heard about in today’s debate. There are, I believe—nobody quite knows the exact figure—about 11 million dogs and about 11 million cats in this country, but it seems that there are far more problems with dogs than with cats.

Moving on quickly, Mr Turner—I know that you will want me to conclude shortly—I would like to talk about microchipping. I know through a constituent of mine, who is actively involved in the matter, that we are being pressed to do something urgently about microchipping in horses, to deal with horse diseases and the issue of traceability, including dog meat. The technology required for the chipping of dogs and horses is exactly the same. Surely we can accelerate the microchipping process, so that it is dealt with faster than by 2016, as is currently proposed.

Briefly, the third issue is so-called puppy farms, which others have discussed. I quickly comment that the problem is that the farms often produce puppies in environments with inadequate welfare conditions and inadequate genetic disease control. Puppies are often poorly nourished and not properly socialised, so that is an issue that we need to tackle.

The fourth issue, which my constituent, Carol Fowler, was at the forefront of proposing, is puppy contracts. It is important that members of the general public have access to an effective public education campaign about genetic welfare issues. The poor welfare standards of many commercial breeding establishments and dealers mean that many innocent puppy buyers will still purchase a puppy on emotional grounds rather than as informed consumers. Choice of breed can often be based on appearance or even fashion, with little regard to potentially harmful conformational traits or known breed-related genetic diseases, let alone whether a particular breed of dog is suitable for their lifestyle, or whether they should have a dog at all.

The current, unregulated system is failing to protect dogs from suffering from the effects of inbreeding, genetic diseases, exaggerated conformational traits, poor husbandry and the poor welfare that can be associated with the breeding of dogs. The majority of purebred dogs are owned by the general public, who often pay a very high financial and emotional price in dealing with such problems.

The UK claims to be a nation of animal lovers and, on the whole, I am sure that that is true. However, there will be a falsity behind that claim if we do not ensure the highest welfare standards possible. The UK’s standard of welfare of companion animals often falls below that of Switzerland, Germany, Sweden, Finland, Denmark, the Netherlands, and possibly other European countries as well.

In summary, I believe that the case for an independent regulator for the welfare of dogs is clear. A clear distinction has to be made between a sectoral council, which represents the interests of the industry concerned, and an independent regulator, which will act on behalf of the welfare interests of animals. With the creation of the new canine and feline body, it very much feels as though the poachers are regulating the gamekeepers.

A truly independent body, with statutory powers, would have the capability to ensure both the protection of dog welfare and that dog breeding was carried out to the highest possible standards. Having those safeguards in place would, in turn, alleviate many of the dog control issues that we have discussed today, including that of dangerous dogs. I hope that the Minister will comment on those important welfare issues.

[Huw Irranca-Davies (Ogmore) (Lab)]

I am delighted that we are able to debate this important issue in response to the seventh report of the Environment, Food and Rural Affairs Committee, on dog control and welfare. I welcome the report, which was exhaustive in the evidence it took and in its comprehensive insights on dog control and welfare.

The point has been well made that one difficulty we are experiencing, both in this debate and in governmental terms, is about who champions the matter in Government. A forthcoming Home Office Bill deals with one aspect, while other aspects, such as sentencing, are dealt with elsewhere. In his response, the Minister—good chap that he is—might want to identify the individual who champions the whole remit. In the absence of a holistic reform of dog welfare and controls, and given that we are dealing with it in a more piecemeal way, who champions the issue right across Whitehall? Who bangs heads together? Who chairs the committees in Government? Who drags the Home Office and others together and says, “This is the way it is all going to hang together.”? I think that role is vital, and it would be good to have information from the Minister.

I welcome the debate and thank the Committee members and its Chair, the hon. Member for Thirsk and Malton (Miss McIntosh), for their truly excellent work on this report and others that relate to such issues. It is right to recognise, as hon. Members have done, the intense suffering of many families who have been traumatised, not only through injuries, but through deaths in their families because of attacks by dogs. That includes most recently Jade Anderson, John Paul Massey four years ago and the 79-year-old pensioner, Clifford Clarke. It is true that they and others personify the tragedy of dog attacks, which has been so ably and eloquently set out here today by my hon. Friends the Members for Bolton West (Julie Hilling) and for Liverpool, Wavertree (Luciana Berger) and by other hon. Members, and in other debates. That gives us the stimulus we need; it is why we need to get this right.

I give immense credit to all the dog and animal welfare charities, the police, the Royal College of Nursing, other health care professionals, veterinarians, postal workers, represented by the Communication Workers Union, and many assorted others who have come together to campaign with immense unanimity and sense of purpose on the issue. I remember at one point a Minister—I am not sure whether it was this Minister, but certainly it was a predecessor—saying to me, “One of the difficulties is that there isn’t a unified voice.”

Well, there has been one for some time, and the people concerned are still pretty unified in demanding what they want; I shall refer to some of the details in a moment. They have played an excellent hand, and for the right reasons. That has to do with the issues that have been mentioned by all hon. Members here today, including the hon. Member for The Cotswolds (Geoffrey Clifton-Brown), who has great experience in this area. Those issues include animal welfare and breeding, as well as dog attacks and responsible ownership and what we can do in that respect.

On a personal level, I thank not only the CWU and Dave Joyce, but Mark, a postal worker from Pencoed, who took me out on his rounds delivering letters in my local patch and talked to me about this and other matters. I also thank Tina, who took me around Euston blindfolded with a guide dog. She took me through Euston and across the front of the station, through busy areas, to show me not only the expertise of guide dogs, the immense amount of training that they receive and how easily it can be lost if they are attacked by other animals or scared in other ways, but the real bond of trust that develops and how that trust can be so easily broken by an inadvertent or a deliberate attack on a precious companion animal or guide dog. Jonathan, a black lab, took me round the course, with Tina instructing me as we went. Jonathan was a black lab—not black lab as in Labour, but as in Labrador, although he could have been Labour. I do not know; he did not tell me at the time.

I also thank Blue Cross, the RSPCA, Battersea Dogs and Cats Home and others for the time they have spent with me on frequent visits to their institutions to see their work and how a multifaceted approach is needed to dealing with abandonment, stray dogs and breeding; I will come to some of the detail in a moment. On that basis, one message I have for the Minister, or one thing that I would like him to ask today and when his colleagues go into Committee with the Home Office Bill is, why not consolidation? I suspect that his civil servants, good people as they are, will have said, “There is a more pragmatic way to do this. Let’s do a little bit here and a little bit there and so on.” But there are real concerns about that.

It comes down to this point: how do we pull together a very comprehensive range of issues? They are not simply about sanctions, penalties and stepping in after the event. They are about education, early intervention, stepping in at an early stage when we see that there are problems to prevent them from getting worse, and dealing with what is now in some ways the factory turnover of dogs, and other animals, through the internet and elsewhere. How is that to be dealt with if we do not pull things together in a consolidated Bill? We come back to these points. First, who is championing the issue, and secondly, where is the overall strategy? We have little bits here and there. Many of those things I will welcome in my contribution, but other things could easily be lost. We have to do this properly.

One of the biggest lessons for us on the issue comes from what we did with the Dangerous Dogs Act 1991. That was a classic case of well intentioned legislation that had perverse consequences, which is why we need to get it right this time. The DDA was poorly targeted, which has led to good dogs being seized from good owners and all the personal trauma and inconvenience that go with that. We see dangerous individual dogs that are not from the four proscribed breeds and thus cannot be seized under the Act.

There is confusion. Veterinarians regularly tell us, “We find it hard enough ourselves to identify whether that dog is from one of the four proscribed breeds, but we know that that one needs to be lifted up, taken away and either retrained or kennelled for some time and re-homed with someone who will look after it.” Alternatively, they say, “We think that dog is dangerous, but we can’t actually get to it to lift it.”

The DDA was a classic piece of well intentioned but not well designed legislation. To get the legislation right this time, I urge the Minister, including in discussion with Home Office colleagues and others, really to think about it, because we may not have another good opportunity for a while to get the detail right and to work on the measure with very experienced organisations outside the House, with the EFRA Committee and its members, who have a great deal of knowledge, and with other hon. Members. Working with those people means occasionally giving way and acknowledging that some points that are well and democratically made from the Floor of the House may trump what the Minister is being told by his very able and expert civil servants.

[Mr Graham Brady in the Chair]

[Geoffrey Clifton-Brown]

Does the hon. Gentleman agree that this is precisely the type of issue that needs to be widely consulted on, and that it is much better if there is broad consensus, just as it is much better if there is broad consensus on how the whole dog issue is to be regulated?

[Huw Irranca-Davies]

Very much so. The hon. Gentleman made that point well in terms of the organisational structure that is now giving input to Government and advising them. He is also right in terms of parliamentary consensus and outside organisations. There has been a fair degree of consensus on the holistic way to take this forward. Blue Cross is not the only organisation that is very strong on education and early intervention; so are many others. There is a degree of consensus on the issue, so the hon. Gentleman is right to urge me, as the Opposition Front Bencher, and the coalition Government to work together and to continue it. That might mean a bit of give and take on some things.

There are many points on which we agree with the Government. I have made it clear to the Minister and his colleagues in the other place that we want to provide support and ensure that the legislation goes through in the right shape. However, on the broad principles, in the long term we have to focus on deed, not breed, and replace crude lists of proscribed breeds with a much more holistic approach.

As to the medium term, we are with the Government, and the police, in their argument that we cannot scrap the DDA, despite my criticisms of it—because it is fundamentally flawed—without looking much more at causes than symptoms, without that holistic approach. For the moment, we have to focus on both deed and breed. We will have to do that until we get the whole package in place. In many ways, I regret saying that. I would like to say that we can turn a switch and do it now, but we are in a process. If we can get it right, we will get to the idea of focusing on individual owners and individual dogs, rather than castigating whole breeds or castigating pet owners or dog owners generally, but we are not quite there yet.

An overhaul of our approach is long overdue. We cannot yet discard one of the few tools that we have in the DDA, crude as it is, but I have to say to the Minister that it is more a blunderbuss than a rifle; it is more a cutlass than a rapier. Innocent owners and innocent dogs get caught up in it as well, which is a matter for regret.

On that basis, great care should be taken in extending the range of the DDA. This is one area where we are concerned about the line that the EFRA Committee has taken, because I understand that it suggested that we might extend it and add to it. I have some concerns about that, because we would be reinforcing the use of the blunderbuss approach. With all the concerns of veterinarians about identifying the right breeds and the development of mongrel mixes—huskies with other dogs and even wolf hybrids and so on—I wonder whether extending the DDA is the right approach. We should be ensuring that we get the mix right: we should be looking at the individual dog, looking at the individual owner and getting the packages in place to intervene very early before the dogs attack and we have to lift them. I am sure we will explore that in the Committee.

--- Later in debate ---

[Geoffrey Clifton-Brown]

I am grateful to the hon. Gentleman for giving way again, but I believe that we have time to debate these matters, which is a good thing. Does he agree that, if at all possible, such issues should be framed in legislation to keep people out of court but to have the desired result? A system of police warning, followed by a ticket with a substantial fine, if breached, would be one way of doing that.

[Huw Irranca-Davies]

I hope that the hon. Gentleman will be on the Committee—I will not be—because I think that is an intelligent observation. If he is not on the Committee, he ought to ensure that that point is raised at that stage. The idea of proportionate intervention may avoid the heavy-handed, further-down-stream measures, if we can get in early with a lighter touch. We also do not want to take unduly disproportionate measures against individuals who might be identified by a neighbour who says, “I’ve had enough of this one. I’ll go in and sort it out.” There must be some evidential test and measure to say whether there is an issue that we need to deal with. I agree entirely with what he said, both in terms of sanctions and the types of measure that could be deployed. We need flexibility, before we lift a dog or take stronger, more punitive action against an owner. In that way, we hope to reduce the number of attacks, rather than wait for them to happen and then take punitive action.

I asked in an intervention when the guidance will be issued. The proposals have been quite a while in fruition in the Home Office, and DEFRA Ministers have been involved as well. I am absolutely convinced that some form of draft guidance is being worked up in DEFRA, the Home Office or both combined, and that that can be presented at the earliest opportunity. For the benefit of taking the measures through and getting them right, the guidance needs to be presented in Committee, not on Report. If the Minister says that he cannot do it, I can tell him that I regularly did it as a Minister. I have been told by a Committee, “We need this next Monday,” and I have had to do it and tell my civil servants, “Do it.” I do not mind how rough and ready it is; we need it to be done.

I hope that the Minister and his expert team of civil servants will be able to provide that guidance so that the Committee can take the provisions apart. If he has difficulty with that, the Committee should, even in the absence of dog control notices, simply lift the current Scottish Executive guidance off the shelf and say, “How do we apply this to the Government’s proposals?” If the DEFRA measures are similar to those in Scotland, and they are going to do the same job, the Scottish Executive guidance should perhaps be the basis for the guidance DEFRA introduces.

I have one final, important point on DCNs. We need to know what protections and appeals mechanisms will be in place for owners. We need to get the balance right to protect good owners and good dogs. What protections will be there for them?

In short, we are not convinced that the Government have got this issue right or that their opposition to dog control notices is well founded. The Committee must urgently be given draft guidance so that we can test not only the Minister’s words and aspirations, but their tangible expression in black and white.

Let me turn briefly to a couple of other issues. We welcome the proposals to extend to private property the ability to prosecute somebody for an attack by a dog. We also welcome the fact that the Government have listened on the issue of trespass, but we will need to test in Committee what trespass entails, and that will include the issue of a property’s curtilage. Sheep dogs or other dogs belonging to farmers, but not just farmers, will often be free to roam in outbuildings. Such buildings are private property, and the dogs will be there for good reasons—often for animal husbandry reasons, because they are working dogs, not pets. We need to test how that will work, because we need to get it right.

In another expert contribution, the hon. Member for Camborne and Redruth (George Eustice) mentioned attacks on innocent political canvassers, although I am not sure there is such a thing. He made a very good contribution, and I hope he is also on the Committee. I will be down in his patch at the weekend, although not on an official visit; I am taking my son down to visit Exeter university’s Camborne campus, which is a fantastic mining, engineering and geology campus. I hope the weather there is good at the weekend.

Attacks on livestock and protected animals are another issue on which we agree with the EFRA Committee, and we need to look at it. Again, this is partly about taking a holistic approach. How do we pull things together so that not only guide dogs, assistance dogs and companion dogs, but a wide variety of other animals, are protected? Such animals are quite easily defined under the protected animal provisions of the Animal Welfare Act 2006. That may be the approach the Government want to look at, or there may be some other way. We certainly do not want to create a new list of animals—“We’ll have llamas, but not alpacas,” and so on. There is a ready-made opportunity under the Act to deal with the issue.

Several Members have mentioned the breeding and sale of dogs, and they are absolutely correct that we have far too many poor breeders. The EFRA Committee is correct that the threshold for licensing dog breeders needs reviewing, and I hope that will be part of the Government’s overall approach. Good dog breeding is to be welcomed, and good prospective owners welcome the fact that a dog has been reared and looked after well and that it has had all the medical treatment and some of the early elements of training, if appropriate, before they take it. However, through ignorance or sheer greed, far too many individuals out there are breeding to no good standard or to no standard whatever. Unfortunately, much of that spills out on to the internet. It amazes me—perhaps it should not—that there is now a trade in all sorts of animals on the internet. We have to accept that.

That takes me to my next point, on which the EFRA Committee also made some wise recommendations. We need to look at how we promote good, responsible advertising for animals on the internet, and the Government are doing some good work on that. We accept that there will be some advertising on the internet, but how do we stamp out the practices of those who are churning out dogs and other animals that will end up abandoned and wasted? Those dogs will wash up in kennelling, with all the costs that go with that, or in places such as Battersea Dogs and Cats Home, or they will be euthanased. That is an absolute tragedy.

I have touched on breed-specific legislation. I want now to touch on education, because we often miss this aspect. Many charitable organisations are doing great work on education, including in areas that commentators will stereotype, saying things such as, “The problem is on that working-class estate down the road.” Such views are not always true; there are plenty of problems with poor ownership and poor welfare conditions across all social groups. Organisations such as Blue Cross and the RSPCA are going into areas where they perceive there is a problem. They use the generous funding people have given them to do educational work. I would like to hear from the Minister how the Government tie that together. How do they assist and encourage that work? What do they add to it? If we are seriously going to tackle this wide-ranging issue, the Bill cannot simply be a Home Office matter—it must cover the other elements I have mentioned.

That comes back to my point about the Minister standing up and saying, “I am the one who is championing this through the whole of Government. I am the one who is banging heads together.” I strongly support the idea that a DEFRA Minister should be doing that, and I hope the Minister can do it. If he does not, I will be more than happy to speak to his colleagues, to bang their heads together and to say, “You should listen to the Minister as he brings forward a more holistic approach.”

There are some great initiatives out there, including Respect-A-Bull, which works with youngsters who go around with what they think are tough-looking dogs. The organisation promotes a responsible approach to dogs welfare and to taking out in public. There is some great work going on there.

I commend the Government on their microchipping proposals, although I repeat my criticism, which the Minister hates, that we have waited some time for them. However, they are there. I also commend the Government on the fact that they have gone further than we anticipated, which is welcome. They are not simply rolling things out stage by stage; they are saying that, on a certain date, we will have only mandatory microchipping.

The Chair of the EFRA Committee wisely said, “Let’s get microchipping right. If that requires until 2016, so be it.” However, I would like the Minister to answer the question posed by other hon. Members: why could this not have happened a little earlier? Are things not in place, and are they preventing us from getting this right by 2015? Is something really holding the process up? There may be good reasons for the delay, but I would like to hear them. I agree with the Committee’s Chair that we need to get this absolutely right. It is a welcome move, but it does raise a number of points, which were mentioned earlier. What do the microchipping proposals mean for the link between the dog and the individual? What do they mean for liability, culpability and people being held to account?

I do not have a dog, although I used to have loads of Jack Russells. I have cats now—I do not know what that says about me as an individual, but there we are. I will have a dog again at some point, when I am back home and retired, and it will be a Jack Russell. They are little dogs; they are lovely, great dogs—I am appealing directly to anybody who is listening who likes Jack Russells. Owners of other kinds of dog are saying, “We hate this guy. Those aren’t proper dogs.” That aside, I like the idea that owners should microchip their dogs and take full responsibility for them. If the dog is lost or strays, the owner should pass the information on, whether to a database or whatever. If the dog washes up in Swansea dogs home, Battersea or wherever, the owner should pay for the kennelling and take the dog back. That raises some interesting issues, but I welcome the Government’s moves, and we will test the proposals.

The hon. Member for Tiverton and Honiton (Neil Parish) raised the issue of liability and sanctions not only for owners who do not microchip, which is a very valid point, but for those who microchip, but do not control their dog or lose control of it. The fundamental question is whether microchipping is a stick or a carrot. Is it simply part of a lost and returned service, or is it more than that? The hon. Gentleman also mentioned adequate enforcement, which was discussed by other Members, including my hon. Friend the Member for Bolton West.

The hon. Member for The Cotswolds raised important issues about the bypassing of the existing Dog Advisory Council, and equitable access to DEFRA and Ministers. I hope that the Minister will respond, because although the process has been long and arduous, lasting decades, for some organisations, the great success that has now been achieved has been predicated on effective collaboration and getting people to agree. Anything that signals that priority is being given to one or other group would pull that apart, and none of us would want that. I commend the hon. Member for The Cotswolds for his long interest in issues such as breeding and hereditary health problems, and for his well known support for the work done by his constituent, Carol Fowler, to raise the profile of those issues.

I thank all hon. Members who have taken part in the debate. They have shown great expertise. I commend my hon. Friend the Member for Bolton West on the passion she showed, and my hon. Friend the Member for Liverpool, Wavertree on her interventions; she has spoken with families affected by this issue, and has provided them with access to decision makers including members of the EFRA Committee, Ministers and the shadow Secretary of State, my hon. Friend the Member for Wakefield (Mary Creagh). It is important to listen to such families and to try to get things right for them.

Fundamentally the issue is about tackling those owners who for one reason or another do not understand about the control and welfare of their dogs—their pets or companion animals. It is also about recognising that the majority of owners are good. We need to design policy that does not unduly affect the responsible owners while leaving the others aside: that must be its thrust. We look forward to working with the Government, and thank the EFRA Committee for its continuing work, which has flushed out some of the issues. I hope that in a few months we will be able to introduce part of what is required, and that the Minister will deal with all the other aspects of the matter. Then we can genuinely and radically take the action that we should have taken at the time of the Dangerous Dogs Acts. They were flawed: let us get this one right.

--- Later in debate ---

[Mr Heath]

It might be a good examination question—we sometimes refer such matters to the Law Commission for their erudite musings—but I do not particularly want my Department to spend time on that at the moment. I am not being flippant; I am simply saying that that is not the most pressing thing, because it would not improve the effectiveness of what we are doing.

On microchipping, which several Members mentioned, I am grateful for the support expressed for what we are doing. It is absolutely essential to get it right and that implementation is successful. We are working closely with everybody who has a direct interest, such as the Association of Chief Police Officers, local authorities, Battersea Dogs and Cats Home, Blue Cross, the British Veterinary Association, Dogs Trust, the Kennel Club and the Royal Society for the Prevention of Cruelty to Animals. We will ensure that, as far as possible, we get the message across to the great bulk of the public that they now need to do microchipping. We are working with database operators and the microchip manufacturers and implanters to address standards and ensure quality and consistency.

My hon. Friend the Member for Tiverton and Honiton (Neil Parish) made the point that the onus is on owners to maintain the data on the microchip. It will be an offence not only not to microchip a dog, but, just as for a vehicle registration, to have inaccurate information on the registered database.

We have addressed the issue that some dog owners do not have much financial resource available and may see microchipping as a difficult cost to bear: free microchipping is accessible through Dogs Trust, Battersea Dogs and Cats Home and Blue Cross centres—35 in total—and some local authorities also offer free or discounted microchipping. I am grateful to everybody working on that, and to the Kennel Club for providing free microchip scanners to all local authorities.

This is a good opportunity to promote national microchipping month. Its launch a week ago was most successful. It was hosted by my hon. Friend the Member for Tiverton and Honiton, who is not in the Chamber at the moment. We are progressing on the issue in what I hope is an effective way.

I say to my hon. Friend the Member for Tewkesbury—

[Geoffrey Clifton-Brown]

The Cotswolds.

[Mr Heath]

I am sorry; I am behind the times. It was Tewkesbury. I say to my hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown) that we would love to move more quickly, but all the advice says that we are moving at the most sensible rate to get to our objective. We will ensure that microchipping starts with puppies and is extended to the whole dog population. In my view, the most important thing is to get it right and have something that is usable in tracing back to their owners not just all the dogs that go missing each year, but those that cause nuisance. Hopefully, we will be able to connect them to an owner rather more easily than at the moment.

Of course, some owners will not microchip, just like the huge number of people mentioned by the hon. Member for Thirsk and Malton who ignored dog licensing procedures when they were in place. There will be some who will simply not want to do it, but at least now there will be an offence. When a dog is found, if it does not have a microchip and we can trace it to an owner, that owner will have committed an offence. No licensing system is perfect, but this will certainly go a long way.

[Mr Heath]

That pre-empts not only the legislation, but the secondary legislation that we are introducing, although of course we will answer in due course. It will be an offence, so there will be a penalty. The offence, in the first instance, will be failure to keep the information up to date, but if the information is there and we can trace the dog back to the owner, it will depend what the dog has done and the circumstances.

I should mention an important point. Having discussed the circumstances, I should give some reassurance to my hon. Friend the Member for Camborne and Redruth (George Eustice) that the courts will be able to take into account the circumstances of the case. We will have to return to the discussion about what comprises curtilage of a property, what a dwelling is and so on.

There is a difficulty of definition. We certainly want to deal with the issue of the postman or the political canvasser who gets bitten by a dog out in the yard or garden, where they have perfectly legitimate business, but we also do not want to penalise the householder whose dog is doing its job of protecting property against an intruder who has no business there. Getting that balance right is critical. When someone is within a house, it can reasonably be assumed that unless they have been invited in, they must give a strong argument for why they have legitimate business in the house rather than being an intruder.

It is different for a garden, or sometimes even a shed. A child going to pick up a football that has been kicked into a garden should not be set upon by a dangerous dog. They may be an intruder, but they are nevertheless not a burglar or anyone with malicious intent. A public interest test must be satisfied before a prosecution can be brought. I hope that the guidance to the prosecuting authority will make that distinction clear. It might satisfy the difficulty that Members have correctly spotted with the definition of what exactly comprises the area that we are discussing.

[Geoffrey Clifton-Brown]

My hon. Friend has been speaking for a long time and has given us a huge amount of detailed information. Before he sits down, will he comment on the divisive issue of the feline and canine sector council, which is dividing the dog world and making dogs’ fur fly?

[Mr Heath]

I most certainly will. I have the unprecedented benefit of having rather longer than usual to reply to the debate. I hoped that I was making use of it to provide the answers that hon. Members wanted, so I apologise to my hon. Friend if I was taking too long to get to the issue he raised. I have one more thing to discuss first, if I may—dog breeding—because it was raised by a number of hon. Members.

It is absolutely right that breeding is a key element of education, apart from anything else, which is exactly the point made by the hon. Member for Ogmore. People must know, first of all, what is and is not appropriate, and the consequences of breeding puppies. Buyers also need to know whether they are buying a breed that needs a 5-mile run every morning, so they do not keep it in a flat on the 17th floor. They need to know—the hon. Gentleman will know—how adorable a Jack Russell might or might not be before they buy one, and what special requirements it might have.

A sort of ignorant cruelty can be involved when people buy the wrong breed of dog in the wrong circumstances and then find that they cannot manage it. That is sad, because they probably bought the dog for unimpeachable reasons—they love the look of the dog and its nature—but they simply cannot look after it. Education is important.

Another important point was raised by the Committee and my hon. Friend the Member for Camborne and Redruth about the threshold for needing a licence. I would love to be able to give him an absolutely explicit response, so that he could say, “Yes, that’s the answer.” It is not as simple as that, as is so often the case with licensing. Although there is a five-litter cut-off for what is, in any circumstances, considered a business, it is for the local authority to determine who is in the business of breeding and selling dogs when it comes to smaller numbers of litters a year.

There is no definitive term that has the sanction of statutory law behind it; it is for the courts to agree or not agree with the local authority. Actually, there are a variety of circumstances in which that sort of decision comes before the court: there is a degree of flexibility, and trading standards officials must satisfy the court that what they are dealing with is a business in the legislative sense. One litter produced in a 12-month period is unlikely to be considered a business; five litters almost certainly will be, but local authorities have a number of tests that they are asked to apply to determine whether somebody is trading. I will not go into them now, because that is for another Department to determine, but those are the criteria used, and they have the support of case law, if not statute law, in deciding whether somebody falls into that category.

I do not know whether I have satisfied my hon. Friend the Member for Camborne and Redruth; I suspect that I have not, because it is a vague response. If he is not satisfied, I ask him to talk to his local trading standards officials about whether they feel they have the right legal criteria in place to do their job.

[Mr Heath]

I do not think that it would be a defence to say that there were fewer than five litters. It would be about the circumstances of the breeding programme and the puppies being put on sale. I hear what my hon. Friend says. I will take the matter back to my hon. Friends in Departments with responsibility for that area to see whether clarification is necessary.

My hon. Friend the Member for The Cotswolds set out clearly why he is concerned about the canine and feline sector council. Let me be absolutely clear that it is not a Government organisation; it is independent of Government. I hope that immediately sets some of his concerns to rest. However, as an independent sectoral body, it could be a useful vehicle that pulls together the views of the sector and feeds them into the Animal Health and Welfare Board for England, which again is not a regulatory body. It simply provides advice for Ministers from the perspective of the users of welfare legislation in the widest sense. Therefore, what we are talking about is not a regulatory or a policy formation body, but a conduit for information, hopefully with the benefit of proper discussion within the sector.

The Kennel Club is one of the bodies represented, and the Dog Advisory Council, which my hon. Friend mentioned, has been invited on to the sector council. I hope that Sheila Crispin will take part, because I would certainly like her views as well. The one thing I stress again is that this is not a regulatory body set up for the purposes of excluding anybody or indeed including one sector to the disbenefit of others. I hope that satisfies my hon. Friend.

[Geoffrey Clifton-Brown]

I hear what the Minister says, but it seems that the support council was set up with undue haste and very little consultation. Perhaps he will tell us how the chairman was chosen. Was he chosen by open advertisement, for example?

[Mr Heath]

I cannot answer that because the council is not a body of Government; it is independent of Government. Perhaps my hon. Friend needs to have a discussion on this matter with Michael Seals, the chair of the Animal Health and Welfare Board for England. I am happy to try to arrange that for him if it would help. It would be wrong for me as a Minister to assume responsibility for something that is not within my control, but I am, none the less, happy to try to oil the machinery that allows him to get the answers he wants.

I have, as my hon. Friend the Member for The Cotswolds reminded me, spoken for some time now.

Badger Cull

Geoffrey Clifton-Brown Excerpts

Wednesday 5th June 2013 Commons Chamber

[Mary Creagh (Wakefield) (Lab)]

I beg to move,

That this House believes the badger cull should not go ahead.

We begin with a question: is culling badgers the most effective way to stop the spread of bovine tuberculosis? Labour Members believe that it is not. The consensus among scientists who are not on the Government payroll is also that it is not. They call it a “costly distraction” and a “crazy scheme”, and they urge the Government to change course. Labour Members will be led by those scientists; we were in government and are now in opposition. This is a cull based on hope, not on science. We have warned the Government for two years that the cull will be bad for farmers, bad for taxpayers and bad for wildlife. In government, we were open to the idea. Having asked the question, “Will culling work?” we conducted a 10-year-long, £50 million randomised badger culling trial, which concluded that it will not work. If it will not work, the alternatives, however difficult, must be explored.

I want to begin by explaining why this cull is bad for farmers affected by bovine TB—the biggest animal disease challenge that this country faces. It is bad for farmers because the cull would cost them more than it saves them; bad for farmers because the science does not stack up; and bad for farmers as tourists holiday somewhere else having decided that the sound of gunfire and protest is not conducive to vacation relaxation. I know the toll that this terrible disease takes on farmers and their families personally, emotionally and financially. Controlling it is imperative to protecting farmers’ livelihoods. The European Union requires us to have a national strategy for eradication.

Badgers carry TB. They transmit it to cattle, but the infection also passes among cattle, from cattle to badgers, and among badgers. We know this because during the 2001 foot and mouth epidemic, when no testing was carried out on cattle, TB in badgers increased by 70%. The Independent Scientific Group on Cattle TB and four scientists from the Animal Health and Veterinary Laboratories Agency say that that was due to a substantial transmission of TB from cattle to badgers. The roots of infection and transmission of the disease are still poorly understood.

This cull is bad for farmers because of the large costs and the small benefits.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

The hon. Lady has said twice that the cull is bad for farmers. If that is the case, why have they gone to such considerable trouble, expense and risk of adverse publicity in carrying out these culls?

[Mary Creagh]

I understand the desperation that farmers are in. However, the Government have presented culling as the silver bullet—the thing that will stop this disease—and it is not. I will explain why it presents further risks later in my speech. This is not just about the cull; it is about what happens when the cull stops.

--- Later in debate ---

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I begin by drawing attention to my entry in the Register of Members’ Financial Interests in that I am a farmer—an arable farmer. I have no stock, so I have no pecuniary interest in the problem of bovine TB, although I grew up on a pig and dairy farm and therefore have a great deal of knowledge of how those farmers operate.

The number of badgers has doubled in the past 10 years, as the Secretary of State said. The number of cattle slaughtered in the past 10 years is a staggering 190,000. The cost so far has been £500 million, to which another £500 million could be added in the next 10 years if we carry on as we are. The Secretary of State has already drawn attention to the fact that he had a meeting with the EU Commissioner. The simple fact is that if we do nothing, the TB-free status of this country could be put at risk. As we heard, whether we are members of the EU or not would make not a jot of difference if the European Union declared that we had TB and our meat could therefore not be exported to any countries that were members of the EU. That would cause catastrophic loss to our farmers.

In Gloucestershire, which is one of the hot spots and which I have the privilege to represent, one quarter of the farms are under movement restrictions. This causes a huge financial loss to the farmers. Each TB breakdown costs on average £34,000, of which the farmer picks up £12,000 because of all the consequential losses of replacing those cattle, the testing and so on. Currently, all the measures to prevent the spread of TB have been focused on cattle. As soon as a TB reactor is found in a herd, restrictions are placed on the entire herd and the reactor animal is isolated pending valuation and compulsory slaughter. The movement restrictions then remain in place until at least two clear tests have been completed. When one thinks that a quarter of my farmers in Gloucestershire are subjected to this number of tests, one realises just how many tests are involved and the cost and inconvenience of those tests.

As it is clear that badgers spread the disease, it would be foolish not to take action against this vector of the disease. There has been a pretty good-tempered debate today and Members have generally recognised that every tool in the box must be used to combat this dreadful and economically devastating disease. Surely one part of that must be the cull, but the other part must be vaccination. The problem with vaccination is that the only sensible way to vaccinate badgers is with an oral vaccine. In my 21 years as a Member of Parliament, I have always been told that an oral vaccine is just around the corner. Today we are still being told that an oral vaccine is just around the corner.

I commend the Government and my right hon. Friend the Secretary of State on his investment of another £15.5 million on top of the huge investment that has already been made in vaccines, but contrary to what the hon. Member for Rotherham (Sarah Champion) has just said, there is no guarantee that we would necessarily come up with an oral vaccine if we spent a huge amount of money. An oral vaccine would be a huge advantage. It was used on the continent to combat rabies in foxes, and rabies has now been eliminated from large areas of the continent, to the extent that we can now take our dogs to the continent with a pet passport, which was unthinkable 20 years ago.

Many of the arguments against the badger cull revolve around the use of vaccines, but vaccines alone will not eradicate the disease; nor will culling alone eradicate the disease. We must have strong action on the widespread control of TB, and these two pilot culls are the most effective way of achieving that. Effective vaccinations have been just around the corner for 21 years.

As my right hon. Friend the Secretary of State said, there is a huge cost. Some Members today have underestimated not only the cost but the physical difficulty of giving a vaccine to a badger. I have witnessed at close hand how these creatures react once they are caged in a trap. They are vicious and people need to be carefully trained and have proper protective equipment when they administer the vaccine. I doubt whether the proposition of the hon. Member for St Ives (Andrew George) to allow volunteers to carry out vaccination in such a large area is realistic.

My right hon. Friend the Secretary of State has referred to the huge expense. The Welsh Assembly has estimated that the vaccine costs £662 per badger, or £3,900 per square kilometre. The hon. Member for Wakefield (Mary Creagh) was worried about the cost of policing in Gloucestershire, but that is minuscule compared with the compensation, which as I have said has been £500 million for the past five years, with another £500 million to come. It is also minuscule compared with the costs to the Welsh Assembly of vaccinating a relatively small area. The idea of vaccinating large areas in the hot spots throughout the country with an injectable vaccine is simply not a starter. The only way a vaccine will work is if it is an oral vaccine.

There has also been talk of a whole herd cull. That would not work either; it would take out large numbers of animals in the south-west and would leave large areas with no cattle at all.

I want briefly and finally to mention David Barton, a farmer in my constituency, who lost 34 cattle in one day.

[Several hon. Members]

rose—

Badger Cull

Geoffrey Clifton-Brown Excerpts

Thursday 25th October 2012 Commons Chamber

[Sir James Paice (South East Cambridgeshire) (Con)]

I start by reminding the House of my declared interests in this matter. I would like to comment briefly on this week’s announcement and statement, but I want to spend most of my time trying to explain how the policy that we are debating was devised. I think I am the only person in the Chamber who was involved right through that development work. I am delighted that it has been taken on by the Minister of State, Department for Environment, Food and Rural Affairs, my hon. Friend the Member for Somerton and Frome (Mr Heath), who is in his place on the Front Bench.

I think, in the circumstances, the Government were right this week to make the decision to postpone the cull. I regret that those circumstances arose. The main reason is that it is far too late in the year to start a cull. Badgers are going into semi-hibernation, slowing down and are not as active, so fulfilling a cull of any size would have been made much more difficult. In my view, it should have happened in the summer, notwithstanding the Olympics, and it should certainly have started by 1 October. I am concerned that the groups of farmers and their contractors were not ready to go when the first licence was issued in September.

I was pleased to hear the hon. Member for Bristol East (Kerry McCarthy) refer to the European context. She is absolutely right: the European auditors came here over a year ago to investigate how we go about this matter. She is right, too, to make the point that we get considerable sums of money from Europe. What she was unaware of, understandably, is the fact that this time last year, the European Commission threatened to withdraw our funding because it was not satisfied that we were taking sufficient actions, including dealing with badgers. I had to go to Brussels to make a personal plea to the then commissioner to sustain Europe’s support of our programme.

It is interesting that several Members have referred to the situation in Wales. More recently, the Commission has said that the Welsh decision to stop the proposed cull damages the likely fulfilment of its eradication plan. There should be no doubt about the European position. I was as angry as the hon. Member for Bristol East about some of the reports of what was happening on the ground. That is why we toughened up right across the board, as she was kind enough to say, and it is partly why we agreed to this latest tranche of further restrictions, including a significant extension of annual testing into new parts of the country where the problem did not exist. I am pleased that my hon. Friend the Minister has endorsed the position that I took.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I happen to represent one of the areas worst affected by TB. I want to commend my right hon. Friend as one of the most outstanding Agriculture Ministers, who knows a great deal about this subject. Does he acknowledge that there is not only human misery in every case where a farmer loses cattle, but a huge economic cost to all these biosecurity measures, such as pre-movement testing, reactor testing and all the additional measures now announced? Those come at a huge economic cost for farmers.

[Sir James Paice]

My hon. Friend is entirely right. Several Members, including the hon. Member for Brighton, Pavilion (Caroline Lucas) who introduced the debate, referred to cattle-to-cattle transmission, which is of course a major factor—nobody denies it—that has to be properly addressed. The tranche of new measures to which I referred a minute ago is the third tranche; it started under my watch, but I had already introduced two tranches of much tougher measures. To be honest, the previous Government had done the pre-movement testing as well. The suggestion that cattle-to-cattle movement is not being addressed is nonsense. The other measures are hugely important, but we come down to the fact that no country in the world has got rid of bovine TB—I mean get rid of, not just reduce—without addressing the reservoir of relevant wildlife. In this country, as in Ireland and France, this means badgers.

--- Later in debate ---

[Bill Wiggin]

I entirely agree with my right hon. Friend. He is absolutely right: it is a tragedy not only for the cattle, but for the farmer, and it is also a great tragedy for badgers.

The figure that is hardest to ascertain is how many badgers catch this disease every year. I am not aware of any evidence, but what I do know is that badgers are tough and they can cope with this infection for some time. Some badgers first display lesions in their bladders and then, as the disease progresses, they develop in other organs. The badger will become increasingly sick and eventually be driven out of its social group. When that happens, the badger will leave the sett territory and wander into other badgers’ territories where it may have to fight, and fighting is bad, because the risk of passing the infection, through scratches and bites, increases greatly. That, too, is beyond dispute.

I remember tabling a written question some years ago asking what would be the right thing to do if someone were to find an injured badger by the side of the road. The answer that came back was: “Consult your lawyer before doing anything.” This situation cannot be allowed to continue. There needs to be a humane way of ending suffering—for badgers, not lawyers, of course!

I have real concerns about the skin test we currently use to identify the disease. Here is a challenge for the armchair scientists. If we carry on testing and culling cattle, we will succeed in breeding cattle that do not show a reaction to the skin test. That is happening already. A constituent of mine tested her cattle, then took one for slaughter, only to find two lesions in different organs of that cow. That meant that the cow was unfit for human consumption and she lost her beef—which was probably worth about £2,000. She was very angry as her cow had been tested and passed and then been condemned. She wanted compensation from the Government for such a rotten test. She is right. This is another example of what happens if we carry on with the “do nothing” policy we have inherited.

As well as breeding test-proof cows, we are also allowing the disease to spread in the badger population. Not one of the letters I got from supposed friends of the badger pointed out that, by doing nothing, more badgers would become infected. In fact, many said that diseases in wild animals were no concern of theirs—and they call themselves animal lovers. I have nothing but contempt for people who allow badgers to suffer, which is why I pushed for longer prison sentences for genuinely evil people who bait badgers. Sadly, Opposition parties voted down an amendment I tabled on that.

The Dutch vaccinated “to die” during the foot and mouth outbreak, and that is based on the principle that a vaccinated animal must be traceable throughout its life. Perhaps we should be seeking permission to trial vaccination in areas that have not been selected for a trial cull, despite EU directive 78/52/EEC, article 13.

Beef suckler cows could be considered as “not for export”. By that, I mean a farmer may decide to keep a beef heifer calf for the rest of her life. She will never be sold for export, nor would her beef go into the export market. This would shift the decision on the risk of TB from DEFRA to the farmer. The risk would be the farmer’s. After a cow has passed a TB test, she would be vaccinated. Her passport would be stamped “TB vaccinated, not for export.” She would stay in the UK for the rest of her life. At the end of her days when she went for slaughter, if lesions were found in her body, the meat would be condemned and the farmer would lose the £900 or so she was worth as beef. That decision and risk would belong to the farmer. Any calf born could be tested, and bulls or cattle that would be worth exporting could be left unvaccinated. If the cow were to develop the disease, it would be picked up every time she had a calf, which is annually, and which is when we test for the disease.

Mathematically, every animal that is protected from the disease makes it harder for the disease to spread. Dairy cattle that are to be milked would not qualify for vaccination. Even if bacillus Calmette-Guérin vaccination is not much better than 50% or 60% effective, ways of reducing the costs, reducing the chances, reducing the possible vectors, and reducing the bill to taxpayers are all worth exploring. I urge the Government to look into this as one of the tools in the box.

Data from the randomised badger culling trial led to the conclusion that

“in the absence of transmission from infected badgers, only 3.4% of herds per annum would be expected to have a TB breakdown”

and that

“TB in cattle herds could be substantially reduced, possibly even eliminated, in the absence of transmission from badgers to cattle.”

I believe that vaccinating badgers could contribute to that, but there are constraints. We do not vaccinate infected cattle; we cull them, and we should do the same for infected badgers. One of the ideals would be a test for badgers. I urge the Government to look at having more research done into the PCR—polymerase chain reaction—test at Warwick university. Accordingly, the British Veterinary Association announced its relief that there has been no U-turn on the badger cull. It reiterated that scientists think culling badgers does reduce levels of infection in cattle herds.

As I said, I am in favour of vaccinating cattle and badgers, but we are all aware that we cannot wait. I am aware of the hundreds of e-mails that colleagues have received, as I have, but they largely cite the alternative of vaccination as the answer to the TB problem. That sounds better in theory than it is in practice: the badger vaccine is injected and is therefore difficult to administer, as badgers need to be trapped; and it is difficult to record which badgers have been vaccinated, and some may be trapped again and again. Furthermore, EU legislation currently bans the cattle vaccine, as it can interfere with the tuberculin skin test. The Government are right to develop the DIVA test.

[Geoffrey Clifton-Brown]

Does my hon. Friend agree that the ideal in terms of getting rid of this problem is a cattle vaccine as well as a badger vaccine, but the problem is that we are a long way from both of those and a badger vaccine has no effect on badgers already infected with TB?

[Bill Wiggin]

My hon. Friend is absolutely right. We do need a suitable vaccination to be developed and to be legal in the UK. No one wants to cull healthy badgers. So an experimental pilot cull in the highest-risk areas, with all the barriers to spreading the disease, such as coastlines or rivers, and with the local farmers in support, would prove whether culling was worth rolling out in other high-risk areas. People should be clear that the whole badger population is not at risk from culling, just those badgers that are highly at risk themselves of being infected.

Professor Bourne told me that a cull would not work the way he did it, so the Government have rightly changed the parameters. Culling will not be done in the way it was done before; it will not be done by the same people and it must be done to a level that commands scientific respect, within hard boundaries and in a specifically large area. Without vectors I believe the chance of infection drops dramatically, although M. bovis does live in soil for up to two years. If the chance of infection remains high and the pilot culls do not work, we would be glad it was only a pilot and we could then spend all our time and money on vaccinating alone—that is why we should vote down today’s motion. But vaccination is illegal under article 13 of EU directive 78/52/EEC, so that approach may not work either. That is why I think we should seek a derogation so that we can pilot vaccination in this country as well.

Farming (Droughts)

Geoffrey Clifton-Brown Excerpts

Monday 16th May 2011 Commons Chamber

[Dr Coffey]

My hon. Friend and my hon. and learned Friend are right to recognise that this issue will impact on everyone. If our countrymen are happy to see greater imports, perhaps we will be protected from the price surges, but I believe that given the choice most people in this country would prefer to buy British, so we must do something as a consequence.

As I said, this issue does not affect all farmers or all counties across the country, but it does impact on the bread basket of our fair land. In my constituency, spraying has started early. Irrigation has long been part of the agriculture of Suffolk Coastal, which has a similar climate to north Africa. We have imported technologies from Morocco, Israel and similar places in recognition of the fact that we have one of the driest areas, although I recognise that one of my colleagues believes that his area is drier. This issue is impacting not just on agriculture, but on wildlife. Landguard nature reserve near Felixstowe is facing similar troubles and the lack of water is having an impact on biodiversity.

I will come on to the realities affecting farmers in my part of the world. The people who abstract came together in 1997 to form the East Suffolk Water Abstractors Group. They work with the Environment Agency to abstract correctly and appropriately to balance the needs of different water users. Most people have a quota for the year. Some people have taken a gamble by starting to spray early compared with previous seasons. They are concerned that they might be restricted later in the season. Thus far, the Environment Agency has not shown the flexibility that it did in 2009, when it allowed people to abstract later. I recognise that the Environment Agency has been proactive on this front and is working with farmers and other people to manage the situation. I pay tribute to it, because it is difficult to strike the right balance. However, there is no question but that people in my constituency are worried about the potential lack of water for their crops.

Some people abstract from ground water. Thus far, the aquifers are coping, but there is genuine concern about what will be available later in the summer and in the early autumn if there is no further rainfall. The situation is more worrying for people who abstract from the rivers. This matter has been referred to by other Members who are worried about the impact on biodiversity. I believe that we should be more worried about the impact on food and agriculture. Frankly, other things can be cosmetic and temporary, whereas if farming is wiped out in certain areas of our country, it will greatly disadvantage food security.

What is the risk to rivers? In my constituency, the Blyth is running very slowly. Other parties, such as the internal drainage boards and the water companies, sometimes help by pumping water out to increase the flow. However, some of the farmers in my constituency are facing the reality that, by the end of next month, they may no longer be able to abstract at all. That is particularly worrying. Will the Minister say what co-ordinated action is being taken by the Environment Agency, internal drainage boards, water companies and farmers to understand how we can ensure that abstraction can continue?

I recognise that back in 2006, the last time we had a particularly dry summer, there was some voluntary activity that worked very well. People ended up abstracting every other day, and they managed to cope through that summer. I am keen to ensure that there is similar preparation in future.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I inform the House of my entry in the Register of Members’ Financial Interests as a practising farmer.

Does my hon. Friend agree that the world is a much more precarious place with regard to food than it has been for many years? Our world reserves are much lower than they have been, and countries such as China are importing much more maize and wheat than they ever used to. A shortage of production in this country for this harvest is therefore likely to have a much greater effect on household bills than it has in the past. Will she join me in urging the Government to adopt every flexible measure that they can, particularly in relation to water?

[Dr Coffey]

I thank my hon. Friend for that correct point. In my view, water is the new oil, and we need to ensure that we are careful with it where we can be. We have already seen cases of commodity prices spiking thanks to demand from the far east, particularly China, and we have felt the consequences. I agree that we need to be able to feed ourselves as best we can and not be subject to unnecessary spikes.

The rural development programme has given some priority to the management of resources such as water. In my constituency, the East of England Development Agency has undertaken some relevant projects. I do not have the details, but I am led to believe that 100,000 cubic metres of new storage facility will be made available in the summer. I would like the Minister to give us an understanding of the influence that he could have in helping the future programme of the Department for Environment, Food and Rural Affairs, and the existing programmes that are under the auspices of development agencies, to address the real need that exists. I understand that licences need to be made more flexible so that more water can be harvested in the winter, and that the Flood and Water Management Act 2010 changed the parameters so that those harvesting 10,000 cubic metres took on a significantly greater regulatory burden. What can we do to remove that burden and encourage co-operative reservoirs?

I will put in a bid for my area. A tiny part of my constituency managed to get in on the Leader programme, and I know that Suffolk is one of the pilot counties for the “Total Environment” scheme. I hope that we will be able to move forward after 2013 and allow Suffolk to form more co-operatives, so that funding can be diverted towards water storage. That would be good for farmers, for consumers and for the environment, and I am sure the Minister will put his mind to it.

I know that the farming community has great confidence in our Minister. He is a Suffolk man who was born in my constituency, and he was a farmer. [Interruption.] He still is a farmer—I apologise. I was not fully cognisant of that. The industry is looking for flexibility for the Environment Agency and for local farmers and stakeholders, and on that point I am more than confident in handing over to him.

Flood Risk Management

Geoffrey Clifton-Brown Excerpts

Wednesday 9th February 2011 Westminster Hall

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I assume that the hon. Gentleman’s city, like my constituency, suffered bad floods in 2007. If it did, he should surely attach some of the blame for the lack of action on building flood defences to the Labour Government, rather than blaming this Government, who have had only six months to do anything about this.

[Fabian Hamilton]

I strongly disagree with the hon. Gentleman.

[Hugh Bayley]

I have fought hard for 10 years for flood defences to be improved in York and I would accept—

[Geoffrey Clifton-Brown]

Why did the Labour Government not do anything about it?

[Hugh Bayley]

Will the hon. Gentleman listen for a minute? I accept that the Labour Government, who put in millions of pounds and improved many flood defences, protecting some areas of the city, did not finish the job. However, I should tell the hon. Gentleman, who I hope will have the opportunity to speak, that while Labour was in power, we increased Government funding to the Environment Agency for flood risk management from £249 million in 2000 to more than £500 million in 2008-09—in other words, we more than doubled it. We provided funding for more flood management and protection schemes than was the case before. Our concern is that this Government are reducing funding.

--- Later in debate ---

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I am grateful to have caught your eye, Mr Sheridan. I will speak for two minutes only, in the hope that the hon. Member for Workington (Tony Cunningham) will also be able to speak. I do not want political differences about who did what. Other than a fire, nothing worse can happen to a home than to be flooded with a mixture of water and sewage, as I saw when walking around the streets of Fairford after the 2007 floods.

I will make one or two brief remarks. In the 2007 floods, 250 buildings in the Cotswolds were flooded, including a school on which £1 million had to be spent, doctors’ surgeries and so on. I am a little concerned about a letter that I received from the Environment Agency. I pay tribute to its author, Barry Russell. In my 18 years as a Member of Parliament, I do not think that I have found such a helpful civil servant anywhere else in the country. He has been to public meeting after public meeting with me to explain what the Environment Agency can and cannot do. I do not blame him at all for what I am about to quote from his letter, but I would like the Minister’s observation on it.

Barry Russell says:

“In previous years, the local authority projects received funding from a ring-fenced pot of money. This is not the case for next year (2011-12), and all projects are competing on a like for like basis—both local authority projects as well as our own. Ultimately the allocations were based on the OM score, and funding was allocated to projects with a higher score than those submitted by the Cotswold District Council. I share your disappointment in not receiving the funding that you were anticipating for this scheme.”

It is easy to come up with statistics to show, in order of priority, which projects will give the best value for money and save the most houses. The problem in a highly rural constituency such as the Cotswolds, which has 110 villages, lots of which have flooding problems, is that it will never meet those criteria. Most of my constituency—with the exception of Cirencester, which flooded in 2000, 2007 and 2008—will never get any funding under the system. I accept that my hon. Friend the Minister has a limited pot of funding, but I ask him to look at the system of allocation.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Richard Benyon)]

The hon. Member for Copeland (Mr Reed), who is excellent in so many ways, has a habit of asking me a plethora of questions and not leaving me enough time to even begin to answer them, but I will see what I can do.

As announced in the Chamber earlier today, the Government have announced £521 million to be invested in flood and coastal defences over the next year. Some 112,000 homes in England will benefit once the work has been completed. That money will help to fund 109 schemes that are already under construction, and work will begin on 39 new flood and coastal defence projects. Of those projects, 18 will provide vital repairs and safety enhancements to existing defences, and the remaining 21 will provide additional protection to 13,000 households at risk of flooding. I am sure that the hon. Gentleman will be pleased that some of that investment is taking place in his constituency.

I pay great tribute to the hon. Member for York Central (Hugh Bayley) for securing the debate and for his undoubted passion in standing up for his constituents on this important issue. One question he asked me is why his region is apparently missing out so much on the allocation of schemes this year. Yorkshire has received a smaller settlement in 2011-12 than in previous years—before he includes that quote in a press release, I ask him to listen on—but that is because a large number of flood defence projects have recently been completed in the region. Hundreds of households in Yorkshire are already enjoying better protection against floods and coastal erosion as a result of projects that have been completed—I concede—over a number of years.

That is an important point because we have to take a long-term view of the spending on flood defences. Very few schemes—almost none at all—go from conception to commissioning in one year. Some of them, particularly the one we have been talking about in Leeds, are very large schemes and run over a number of years. For example, a £2 million scheme in north Doncaster was completed in 2009, which reduces flood risk to 3,000 properties. A £10 million refurbishment of the Hull tidal surge barrier was completed in 2010, and reduces flood risk to 17,000 properties. There are many more schemes.

May I address the specific points that the hon. Gentleman and others have raised in this important debate? He asked what I would do to get the Leeman road scheme back on track. I assure him that the Environment Agency and I will work with him at every stage to make sure that we can get some movement on that scheme, but I cannot guarantee where it will sit in any future year because of the variety of other schemes that will come forward. I can assure him that, if our payment for outcomes scheme becomes the modus operandi of taking forward such initiatives in future years, there will be much more clarity for constituents about where they stand on the issue.

The hon. Gentleman raised a rather more macro issue about the current economic climate, and how this issue sits within it. He is right: the deficit issue is a current account matter. Our national debt is about everything; it is not just current or capital account. There are siren voices that say that we must invest more in infrastructure. We are investing in a variety of infrastructure—not just flooding schemes, but a variety of different ones. It is a question of having a balanced approach.

The hon. Gentleman talked about whether we can assist his flood defence committee in Yorkshire in obtaining European money. I assure him that he will have the full co-operation of my Department, the Environment Agency and other colleagues across Government in trying to secure any sort of funding that we can lever out of any organisation. I very much include the European Union in that. He rightly talked about the need for slow-water schemes and to think up-stream. I have been discussing the value of that with the hon. Member for Wansbeck (Ian Lavery). We recognise that the beneficiaries in one community sometimes pay for flood defences in another area, which may well affect the viability of farming businesses and the like. We have to take a large regional approach to the matter, which is why our new payment for outcomes scheme takes a much broader view. The scheme recognises where beneficiaries are and what can be done to alleviate the problems in affected communities.

I was also asked how we are protecting businesses. The economic benefits from protecting businesses from flooding are taken into account in the prioritisation schemes included in the payment for outcomes system. That has been the situation in the past and it will continue to be so. We are working with the City of York council and the Environment Agency to consider opportunities for external funding. It is crucial that there is greater local involvement at the heart of reforming the funding for flooding and coastal erosion risk management.

My hon. Friend the Member for Suffolk Coastal (Dr Coffey) made an excellent speech and raised some important issues. I was so impressed by the level of innovation from her area. From my visit to her constituency, I remember sitting in the minibus with representatives from the Environment Agency, Natural England, the local authority, local landowners and the local community. We drove along and ensured that none of them could get out, so that we could hack out some of the problems facing landowners who just want to make a small improvement and come up against two different agencies plus the local authority. The complications of the process are, I hope, being ironed out. That was an extremely useful session. My hon. Friend is absolutely right: we need to take a longer-term view, and internal drainage boards are absolutely crucial to many of these schemes.

There was an intervention from my hon. Friend the Member for Stroud—

[Geoffrey Clifton-Brown]

For The Cotswolds.

[Richard Benyon]

For Stroud actually. He was talking about the scheme concerning small changes that can be made. We must have that level of flexibility.

The hon. Member for Leeds North East (Fabian Hamilton) spoke with passion about the Leeds scheme and the cost of flooding to his community. I absolutely understand that and the commercial driver that his community—that great city—is to that region. If we follow that logical argument and consider the 5.2 million homes that are at risk from flooding, for every single one of those homes that can get protection from flooding, there will be a financial return. We have to make sure that the financial return is as high as possible. That is why work can be done on that scheme in particular. As the equally sensible contribution from his colleague the hon. Member for Leeds East (Mr Mudie) made clear, we might risk having a Rolls-Royce when a reasonably priced family car might have served some of the purpose. I cannot go into more detail about the matter now, but I will continue to look at it very closely to ensure that we get a result.

I shall quickly mention the point about the woodlands that were being built over. I cannot remember who raised the matter, but we need to understand the impact of the issue. That is why I have been totally opposed to so much of the infill development that we have seen, with building in back gardens and green spaces. The Government have a very clear policy on that which we want to take forward.

I would love to address many of the other valid points raised by, not least, the hon. Members for Copeland, for Wansbeck and others, but I see that the clock is against me. I do not want to repeat the increasingly sterile debate about where we are and whether we are comparing apples with apples or apples with pears. In the case of the hon. Member for Copeland, I suggest it is the latter.

Oral Answers to Questions

Geoffrey Clifton-Brown Excerpts

Thursday 3rd February 2011 Commons Chamber

[Mrs Spelman]

My right hon. Friend the Minister of State and I took the opportunity to invite the Welsh Minister for Agriculture to meet the Commissioner with us as early as June last year. We have had successive meetings with all the devolved Administrations and will continue to do so, as the reform process is likely to take a great deal of time. I find that we have much in common with the Welsh Assembly’s position and believe that there is much that we can do as we negotiate the reform to ensure that we get a good deal for farmers in Wales.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I ought to declare an interest as one of the few practising farmers in this country. [Interruption.] In this Parliament.

Will the Secretary of State, when considering the reform of the CAP, consider that Europe will have an important place in enabling agriculture to feed the world? Will she move away from the CAP’s structural faults, such as the growing of tobacco that is of such poor quality that no one wants to use it, and ensure that those practices are stopped?

[Mrs Spelman]

It is of the utmost importance that farmers in Europe are encouraged to produce more food and to do so sustainably. When we look at the threat to our society globally in relation to food security, it is clear that the nations that have the capacity to increase production sustainably are the ones that we should be fully behind.

Public Forest Estate (England)

Geoffrey Clifton-Brown Excerpts

Wednesday 2nd February 2011 Commons Chamber

[Mary Creagh]

My hon. Friend raises a key point. Much of the timber stock that is now ready for felling is being felled by the Forestry Commission, which is replanting it with broadleaf native English oak, ash and beech. If we sell off the timber stock, we lose the chance to change the shape and structure of the forests. Next year, with the sale of 10,000 hectares, this Government will sell more in one year than Labour sold in 13 years in government, and they will do the same for each of the following years. The holdings could include sites in national parks—I hope that Members from Exmoor are listening—community forests, areas of outstanding natural beauty, or sites of special scientific interest.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I hope that the hon. Lady will not seek to mislead either the House or the nation. Does she not accept that we have one of the toughest regulatory regimes in the world? It is not possible to fell a mature tree in this country without a felling licence, and part of the conditions for such a licence is nearly always that a new tree must be planted, and very often a broadleaf tree.

[Mary Creagh]

The hon. Gentleman is quite right; and who oversees felling licences? It is the Forestry Commission, which the Government are cutting by 25%.

--- Later in debate ---

[Mrs Spelman]

I have made it very clear that this is a genuine consultation. It is written in an open manner and does not contain leading questions. It invites the hon. Gentleman’s community—his local groups and community groups—to have, for the first time, an opportunity to be involved in the ownership of the woodlands. I suggest that he talks to them about that.

[Geoffrey Clifton-Brown]

Will my right hon. Friend give a guarantee this afternoon that any sale or lease will have cast-iron legal safeguards for all existing rights of way? Will she go further than that by publishing what those rights of way are before a lease or sale takes place, so that local groups will know for evermore what rights they have over their forests?

[Mrs Spelman]

I am very happy to give my hon. Friend that assurance, because we live in an age of transparency and that is what community groups have every right to expect.