South West Water

Gordon Henderson Excerpts

Tuesday 5th March 2024 Westminster Hall

[Several hon. Members rose—]

[Gordon Henderson (in the Chair)]

I was about to remind hon. Members to bob if they want to speak, but it looks as though I do not have to. I gently urge Members to restrict their comments to about five minutes. I call Luke Pollard.

--- Later in debate ---

[Mr Toby Perkins (Chesterfield) (Lab)]

It is a great pleasure to serve under your chairmanship, Mr Henderson. I congratulate the hon. Member for East Devon (Simon Jupp) on securing this debate. I have spent many summer holidays in his constituency over the years, so it was great to hear those names.

This issue is vital, so I welcome the opportunity to discuss the performance of South West Water in more detail. There are lessons for us to learn about the whole sector by examining this case, but many of the issues that have been raised are specific to the south-west. Although there are strong opinions on this issue, there were some very valuable contributions to what has been an excellent debate.

The first point made by the hon. Member for East Devon that is worth repeating is the fact that across the country, many people working for water companies have become the victims of harassment. They are not in any way responsible, and I echo his point about that. He welcomed, as others did, the recent increase in funding for the Environment Agency. However, the context is that the Environment Agency had a 50% cut from 2010 to 2022. If it is the case, as I believe it is, that more money for the Environment Agency will improve the quality of its monitoring, it must be accepted that the huge cuts it experienced in the first 12 years of this Government have been a contributory factor.

My hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) spoke about the need for more honesty from South West Water, which other Members repeated. He spoke powerfully about how important the issue is for his constituents. He also invited us to imagine him swimming in various amounts of Lycra, which many people will have enjoyed when thinking about his outdoor swimming. It is important that we reflect on the fact that swimming is key to both the enjoyment of people in the south-west and the economy down there.

The hon. Member for Newton Abbot (Anne Marie Morris) reflected on the lack of investment in infrastructure over many years. She also said, in what was a very good speech, that she believed that South West Water had not been honest. The hon. Member for Tiverton and Honiton (Richard Foord) spoke about the specific challenges in the local area, particularly the fact that it is a popular tourist destination, with the population expanding hugely in the summer months. That has specific consequences, and is not necessarily reflected in who pays the bills. He also questioned where the responsibility for companies stood between shareholders and the general environmental good. Businesses have a statutory responsibility to respond to their shareholders, which is why it is down to Government to have responsibility for ensuring that they perform to environmental standards as well. That informs much of the approach that the Labour party takes.

The hon. Member for North Devon (Selaine Saxby) identified a failure of investment between 2012 and 2015. She placed responsibility at the feet of the Lib Dems, who were in government with the Tories at that time, but we would say that it has happened throughout the past 14 years. She also took the unusual step of suggesting that the major issue that people were angry about was the performance of the local campaign group, which I have to say is a new development that I was not expecting.

The recent report by the Rivers Trust, “State of Our Rivers”, which was published only last week, shows that the dial overall has not shifted on the health of our waterways. Not a single English river is in good overall health, and that has not changed since the previous report in 2021. A multitude of factors inform water health, but 54% of rich river stretches failed because of activities attributed to the water industry. That simply is not good enough.

Yesterday, along with the hon. Member for Tiverton and Honiton, I spoke at the launch of the election manifesto for the Surfers Against Sewage campaign. It was a shame that the Government were not able to send the Minister, although he was intending to go. It is an important coalition, because the issue is of huge importance to our constituents, particularly to the economy of the south-west. As the hon. Member for Tiverton and Honiton reflected, we heard from Jo Bateman about the powerful campaign that she is fighting for the ability to swim in clean waterways, recognised as an amenity that should be available to us all.

In preparing for this debate, I was pleased to hear about the work of Jayne Kirkham and Perran Moon, Labour’s parliamentary candidates for Truro and Falmouth and for Camborne and Redruth, respectively. They have supported protests and started petitions that add to the community fight to preserve Cornwall’s waterways. Jayne stressed that the discharges into Cornwall’s rivers was impacting on tourism and costing millions alongside the environmental damage.

Many people are concerned that Ofwat’s new growth duty will further reduce its ability to be a force for environmental good. When the Minister responds, I hope that he can set out how he sees that duty working alongside Ofwat’s responsibilities to improve environmental outcomes. Does the Minister agree that the perception that our waterways are not fit to swim in is damaging to growth as it depletes tourist revenue? If so, will he confirm whether he has instructed Ofwat that its new growth duty must mean that no sewage discharge is liable to reduce tourist growth?

[Gordon Henderson (in the Chair)]

Order. May I stop you? I am afraid you have run out of time.

[Mr Perkins]

Okay. Thank you, Mr Henderson.

--- Later in debate ---

[Robbie Moore]

That is why this Government have rolled out 100% monitoring of our storm overflows; once we have the data, we are able to hold failing water companies to account. That is exactly what this Government intend to do through our “Plan for Water”, which is all about more investment, stronger regulation and tougher enforcement.

I also wish to address some of the points made by my hon. Friend the Member for Newton Abbot (Anne Marie Morris) regarding South West Water’s resilience to drought, as I know many in the region experienced extended hosepipe bans. I am pleased to say that South West Water has informed us that, as of 22 February 2024, the Roadford reservoir is now at 100% capacity and Colliford is at 87%, showing significant improvement. The Environment Agency continues to work with the company on a range of new sources to improve resilience. I recently visited Hawks Tor, a former clay pit, that has been brought into the water supply to try to deal with some of those water resilience issues.

Many Members mentioned the issue of investment. Of course, addressing these concerns requires investment, and this responds to some of the points made by my hon. Friend the Member for Torbay (Kevin Foster). Following a DEFRA commission, Ofwat—which, it seems, the Lib Dems want to abolish—agreed to accelerate £128 million of funding to accelerate smart metering, build nutrient removal systems to improve river water quality and accelerate 15 storm overflow improvements in the Falmouth and Sidmouth catchments.

South West Water’s latest business plans include a significant £2.8 billion package of investment, which Ofwat is now scrutinising to ensure that it will truly deliver for customers and begin to turn its poor record around. Its commitments will also include achieving the lowest level of pollution incidence in the sector and significantly increasing water quality and water resilience by investment in new treatment works, reservoirs and tackling leakage. South West Water must now deliver on those ambitious plans, and this Government will hold it to account every step of the way. I look forward to my next meeting with the chief executive to be able to get an update on those plans.

I also wish to assure the House that the Government and our regulators, Ofwat and the Environment Agency, do not take underperformance lightly. As a result of failing to meet its performance commitments, Ofwat has directed South West Water to return £9.2 million to customers during the financial year of 2024-25, in addition to the £13.3 million returned in the financial year 2022-23. I again reiterate that, if the Lib Dems want to get rid of Ofwat, I am not quite sure who would be directing South West Water to do that.

South West Water was also instructed by Ofwat to produce a service commitment plan to demonstrate how it will meet the commitments made at the start of the current five-year price review period, and that was updated in November 2023. As I have said, I will shortly be meeting the chief executive of South West Water again to discuss progress on its plans and to hold the water company to account on its specific failures on pollution incidents.

When water companies fall short, we will not hesitate to hold them to account. Since 2015, the Environment Agency has secured fines of over £150 million, including a £2.1 million fine for South West Water in April 2023. Furthermore, under the action taken by this Government, we will be strengthening regulation to ensure that regulators have the tools to hold water companies to account. I want to thank all Members for their contributions today, and particularly my hon. Friend the Member for East Devon for bringing this important debate before the House.

[Gordon Henderson (in the Chair)]

The hon. Gentleman has one minute to wind up.

[Simon Jupp]

Thank you, Mr Henderson. This has been a really good debate, following on from the debate that I led last year as well. It is clear that people, on a cross-party basis, care about this. We have been paying South West Water bills for decades—I know my family has—and we all want to get value for money. We do not think that we have got that historically. If I may, I will make a point to the Liberal Democrats again. In January, the hon. Member for Tiverton and Honiton (Richard Foord), when talking about the EA and Ofwat, said:

“the Government probably ought to be stepping in and removing those regulators”.—[Official Report, 31 January 2024; Vol. 744, c. 916.]

As ever, Lib Dem policy is as clear as mud.

Question put and agreed to.

Resolved,

That this House has considered the performance of South West Water.

Farmers, Supermarkets and Food Supply Chains

Gordon Henderson Excerpts

Tuesday 16th May 2023 Westminster Hall

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

I beg to move,

That this House has considered farmers, supermarkets and food supply chains.

It is a pleasure to serve under your chairmanship, Sir Mark. I start by paying tribute to farmers, in particular those in my constituency, for their contribution to food security in the United Kingdom.

Food security is becoming increasingly problematic. A combination of unprecedented events has culminated in many farmers facing unsustainable pressures on their businesses, which could have long-term implications for our domestic food production capacity and food security if measures to support British farmers are not taken immediately.

The huge spikes and uncertainty in energy prices since the end of 2021 have had significant cost implications for primary producers. Annual inflation measures are now understating the cost pressures facing businesses and consumers, given that inflation has been apparent for over a year. According to data from the Department for Environment, Food and Rural Affairs itself, compared to the 2019 average, farm input cost inflation stands at 42%, with wholesale energy prices being one and a half times higher.

The UK is seeing a significant decline in production, as horticulture businesses struggle with unprecedented inflation, most notably in energy and labour costs. There are also seasonal shortages of business-critical workers, particularly in the horticulture sector. In the first half of 2022 alone, at least £22 million-worth of fruit and vegetables was wasted, directly because of such gaps in the workforce.

Two of the National Farmers Union’s key asks for the horticulture sector are for a minimum five-year rolling scheme for seasonal workers and the inclusion of horticulture in the energy and trade intensive industries scheme, to help to remove uncertainty and inject confidence in production.

Declining self-sufficiency, coupled with supply chain problems abroad, has resulted in empty supermarket shelves, and the more that we become reliant on imports, the more likely it is that we will see the level of market failure that has led to images of empty shelves across the UK.

In the national food strategy, the Government outlined their ambition to sustainably expand the national production of fruit, vegetables, plants and flowers. British farmers and growers are ready to meet this challenge. However, to achieve that, the Government’s growth agenda must be twinned with reform in the marketplace that levels up the balance of power in the agrifood supply chain and delivers a fair and functioning supply chain.

[Robin Millar (Aberconwy) (Con)]

My hon. Friend has just said something very helpful: British farmers stand ready. My farmers in Aberconwy have made the point that they are ready to step forward. However, does he agree that supermarkets have a duty to support farmers, and that they should not put undue cost pressures on farmers? Farmers need to be there tomorrow in order to deliver tomorrow, and there is a role for supermarkets in promoting farming, not just for their own interests but so that it is there tomorrow.

[Gordon Henderson]

I can only assume that my hon. Friend has been reading my speech, because if he is patient he will find that I will come on to that point.

British growers want to deliver on the Government’s vision for climate-friendly and sustainable land management, but there is a significant risk to our shared endeavour if we do not address market risks in parallel. Only profitable businesses can be sustainable and continue to invest in productivity and environmental outcomes. It is critical that retailers support British farmers and growers to be sustainable, achieve meaningful environmental gains, and invest in innovation and new technology. Food producers should have an equal stake in the value chain, with food processors and retailers sharing risk, data on performance and value gain.

Farm costs are a significant driver of food price inflation. According to the results of the 2022-23 NFU farmer confidence survey, farmers’ primary concern over the next 12 months is input prices, with 88% expecting negative effects. Data released by DEFRA in March shows that agricultural inputs have risen almost 42% since 2019. Inputs closely related to energy have seen the biggest inflation: energy and lubricants are up 58%. Although wholesale energy prices are falling, they remain one and a half times higher than normal. Fertilisers and soil improvers are up 161%, and animal feeds are up 50%. That is directly linked to the disruption caused by the war in Ukraine.

In recent months, the pressures in the horticulture supply chain have led to supermarkets rationing fresh fruit and vegetables. Soaring energy costs and the continued lack of people to pick crops pose a serious threat to the future of the UK’s fruit and vegetables industry. As a result, the industry is not able to mitigate the current supply chain shortages.

A report by Promar International in 2022 found that growers’ production costs increased by as much as 27% in the preceding 12 months, and that products such as tomatoes, broccoli, apples and root vegetables were most affected. The main drivers are energy, fertiliser and workforce costs. Farmers and growers across many sectors are doing what they can to mitigate rising costs, but they cannot be expected to absorb the additional pressure and risk in the supply chain alone.

[Ben Lake (Ceredigion) (PC)]

I am grateful to the hon. Gentleman for making such an important speech on what I consider to be a matter of strategic importance to the UK. He is right to point out that farmers and growers cannot continue to absorb the input cost increases. Does he share my concern about the fact that, according to the latest NFU survey, 40% of beef farmers and 36% of lamb farmers have already said that they expect to reduce production in the light of the rising input costs?

--- Later in debate ---

[Gordon Henderson]

I certainly agree with the hon. Gentleman, and it is not just livestock. In the garden of England—Kent—too many of our orchards have been dug up because they are not profitable any more. There is a growing lack of transparency in the communication received from retailers, in particular, and that leaves farmers in a vulnerable position. They have to absorb additional risk and are unable to plan and make important financial decisions during this extremely challenging period. If farmers and growers are unable to recoup costs, it will become unfeasible for them to run their businesses, resulting in a reduction in production. Ultimately, that will reduce competition.

I have spoken to a number of farmers in Kent, and I can cite examples of unfair practices by some retailers—particularly supermarkets. However, to do so would make it possible for those farmers to be identified, which they do not want for fear of losing business. That in itself is testament to the malign power of some supermarkets.

It is true that the groceries supply code of practice and the Groceries Code Adjudicator have had a transformative impact on the behaviour of buying teams and have helped to curb some of the worst abuses of market power. That is why I share the NFU’s view that any consideration of transferring the GCA’s functions to another public body, such as the Competition and Markets Authority, or removing it altogether, is misguided; that would have a hugely damaging impact on the groceries sector and, ultimately, consumers.

In my view, the farming industry is in crisis. In 2019, there were 149,000 registered agricultural businesses. In 2022, there were 142,000. That means that there are more than 7,000 fewer agricultural businesses today than in 2019.

[Richard Foord (Tiverton and Honiton) (LD)]

In the south-west of England, direct payments fell from 95% of total income from farming in 2016 to just 62% in 2021. Does the hon. Gentleman share my view that that is affecting not only regions such as Kent, but the south-west? Both have seen a dramatic reduction in total income from farming as a result.

[Gordon Henderson]

I do agree. We are all in this together. That is the old saying, and it is true. Farmers across the UK—not just in England or Wales—are struggling. Without sustained, consistent and responsible action from all parts of the supply chain, we risk deepening a crisis that will lead to a significant contraction in supply to the marketplace and reduced availability of British produce, ultimately leaving many farmers and growers with no other option than to leave the sector altogether, which is what is happening.

To create a fair supply chain that supports food security, the sector needs to ensure sustainable farm-gate prices. In all farming sectors, DEFRA lacks the data it needs to monitor the market sufficiently and ensure that it is working properly. Without better data, the Government are unaware of what is happening in the marketplace and are therefore in no position to assess the market effectively, as required by section 20 of the Agriculture Act 2020. The Government need to support and invest in sufficient market infrastructure to enable markets to work efficiently, equitably and in the interest of food security. DEFRA needs capacity and expertise to conduct investigations of actual and potential market issues, and farmers need a concerted joining up of policy across Whitehall to unlock growth in the sector.

Finally, I want to explain what the NFU would like the Government to do. I appreciate that the Minister probably knows, but, given the current crisis in farming, the wish list bears repeating. The NFU wants the Government to produce an enhanced, policy-focused food security report that looks beyond food supply and supermarket shelves to assess the short, medium and long-term health of the food sector. The report should be published annually, as opposed to the three-year commitment in the Agriculture Act.

The NFU wants the Government to use section 20 of the Agriculture Act to conduct an urgent value chain inquiry into market failure in the poultry, meat, eggs and horticulture sectors, and to use powers under section 29 of the Act to continue progress with the dairy contracts code, develop equivalent approaches for other sectors and ensure that all are fit for purpose before legislation is introduced.

The NFU wants the Government to cement the role of the Groceries Code Adjudicator and publicly set out their commitment to its independence and powers. The NFU also wants the Government to publicly commit to supporting the work of the Food and Drink Sector Council and deliver a clear mandate for Departments to support its ambitions for sustainable growth.

The NFU wants the Government to establish a regular food forum with the DEFRA Secretary and senior executives, to support business engagement across the food sector—a similar concept to the Prime Minister’s Business Connect platform. The NFU wants the Government to set out their plans to invest in agricultural technology and innovation centres that bring benefits to UK farming, for example by taking the opportunity created by the Genetic Technology (Precision Breeding) Act 2023.

The NFU wants the Government to ensure that food and farm businesses make a growing contribution to renewable energy generation and have affordable access to transmission infrastructure, improving the sector’s energy resilience and lowering greenhouse gas emissions from food. Finally, the NFU wants the Government to make changes to the planning system to permit development for the purposes of growing and processing fruit, veg, crops and livestock.

I thank Kent’s farmers and the NFU for feeding our nation. I assure them that they will always have my full support.

--- Later in debate ---

[Mark Spencer]

We will look with interest at what the CMA finds. That is something we have looked at closely ourselves. It will require food producers and farmers to come forward with evidence to support the CMA, but that is why we launched our own investigation into the dairy sector. We are due to come back any moment with our findings and recommendations for how to support dairy farmers.

We have also indicated that we are going to support the pork sector and ensure that contracts are fit for purpose. Once we have delivered on that, we will be keen to look at the horticulture sector and the egg sector to ensure that the marketplace is working fairly for all in the industry. That demonstrates how seriously the Government take these challenges and issues. We will step in when we feel the market is not working equitably for all involved.

Last June, we published the Government food strategy, in which we set out our vision for a prosperous agrifood sector that ensures secure food supply in an unpredictable world and contributes to the levelling-up agenda through good-quality jobs all around the country. In the last year, farmers have continued to put great-quality food on our plates. The UK Farm to Fork summit is the next step in growing the thriving food and drink sector, with the aim of seeing more British produce on supermarket shelves in the UK and around the world. The summit focused on how Government and industry can work together to bring great British food to the world, build resilience and transparency across the supply chain, strengthen sustainability and productivity, and support innovation and skills—many of the things that my hon. Friend the Member for Sittingbourne and Sheppey called for.

The Prime Minister has been clear that growing the economy is one of his top priorities, and growing the food and farming sector is key to that.

[Gordon Henderson]

Does the Minister accept that farmers will only be able to help grow the produce if they are making a profit? Does he also accept that farmers are frustrated at retailers that too often force farm-gate prices down so that supermarkets can maintain their margins in the shops? We have to address that.

[Mark Spencer]

I understand my hon. Friend’s statement. It is right that we have a sharing of risk and responsibility in the supply chain and that primary producers get a fair price for their products. We also have to bear in mind that our consumers and constituents want to enjoy reasonable food prices. We do not want to drive food price inflation through the market, so it is important that we co-operate and work with retailers and those who manufacture in the food sector.

My hon. Friend referred to the Groceries Code Adjudicator and hoped that we would commit to keeping that as a separate authority. I can tell him that the Prime Minister announced this morning that we will keep the Groceries Code Adjudicator as a separate authority and it will not become part of the CMA, which I think is an indication of how important the sector is and that it requires its own Groceries Code Adjudicator.

Farmers should be paid a fair price for their produce. We have introduced new powers through the Agriculture Act 2020 to support the sector. We have made great progress in our reviews of the pig and dairy supply chains. We have recognised the impact of global events on the sectors in recent months, and the next reviews will take place in the egg and horticulture sectors, as I have already mentioned.

We can confirm, as I have said, that the proposed merger of the GCA will not go ahead. My Department has championed precision breeding, as my hon. Friend the Member for Sittingbourne and Sheppey indicated, through the Genetic Technology (Precision Breeding) Act 2023. Building on the successful passage of the Act, we will convene a working group to bring plant breeders, food manufacturers and retailers together to agree an approach that enables precision-bred products to reach the shelves as soon as possible.

We will also improve future support for horticulture by replacing the retained EU fruit and vegetable producer organisation scheme when it closes in 2026 with an expanded offer, which will include controlled environment horticulture as part of our new farming

schemes. We will help the controlled environment horticulture sector overcome barriers to accessing future support and make it easier to build new glasshouses through changes to national planning policy.

Environment: Sittingbourne and Sheppey

Gordon Henderson Excerpts

Wednesday 9th June 2021 Westminster Hall

[Ms Nusrat Ghani (in the Chair)]

I remind hon. Members that there have been some changes to normal practice in order to support the new hybrid arrangements. I remind Members participating that they must remain here for the entire debate. I remind Members that they are visible at all times, especially to us in the Boothroyd Room. If Members attending virtually have any technical problems, they should email the Westminster Hall Clerks at [e-mail]. Members attending physically should clean their spaces before they use them and as they leave the room.

I call Gordon Henderson to move the motion.

[Gordon Henderson (Sittingbourne and Sheppey) (Con) [V]]

I beg to move,

That this House has considered environmental matters in Sittingbourne and Sheppey constituency.

First, may I say what a pleasure it is to serve under your chairmanship, Ms Ghani? Let me begin by making it clear that I fully endorse the Government’s long-term commitment to be the first generation to leave our environment in a better state than that in which we inherited it. With that in mind, I want to highlight some of the local environmental issue causing concern in Sittingbourne and Sheppey.

My constituency has a unique and varied natural environment. On the Isle of Sheppey, we have the Elmley nature reserve, a thriving coastline and some fantastic habitats for birds, including marsh harriers and a variety of wading birds. On the mainland, the bustling town of Sittingbourne is surrounded by a mixture of rural and built-up villages, all with a character of their own, including Iwade, which has its own nature reserve, attracting an abundance of wildlife throughout the year. All this wonderful countryside provides us not only with an enviable environment, but with many challenges for local communities. I want to address a few of those challenges.

When people contact me with concerns about our local environment, those concerns fall into a number of categories. Two main concerns revolve around the scourge of fly-tipping and littering. The impact that both of these thoughtless acts have on our local environment is huge. Not only is the discarded rubbish unsightly; it can be harmful to both humans and animals. I believe we need harsher punishments for people who are caught littering, with local authorities given more powers to clamp down on the offenders, as well as the resources needed to enforce those powers. However, fines are not the only answer. We also need to educate people about the antisocial nature of littering, most of which is caused by adults, who then set a bad example to their children. Those children pick up bad habits learned from their parents, which is why I set up the Litter Angels charity in Sittingbourne and Sheppey over a decade ago. Its sole purpose is to educate children about the harm associated with litter, and I am pleased to say that the charity has now extended the project into a number of other constituencies in Kent.

I turn to fly-tipping, which is littering on a larger scale. It is becoming a huge problem in Kent, including in my constituency. It places a financial burden on local landowners and farmers, who are seeing an increasing number of incidents in which lorry loads of rubbish are dumped on their land. They then have to pay to have the rubbish removed and disposed of, costing them hundreds, and sometimes thousands, of pounds.

I believe there are a number of reasons for the rise in fly-tipping. Two important causes are, first, the decision taken some years ago by Swale Borough Council to charge for the removal from homes of large items of waste, and, secondly, Kent County Council’s policy of restricting commercial companies’ access to its waste sites. I said at the time that both decisions were short-sighted and would lead to an increase in fly-tipping, and I was right. I appreciate that both decisions were taken for financial reasons. In my view, however, any cost saving made by our local authorities has been more than offset by the cost of cleaning up council-owned sites where fly-tipping takes place.

I believe the situation could be improved very quickly by reinstating the free collection of bulk waste and the free disposal of commercial waste at household waste recycling centres. Although this is an issue for the local authorities to resolve, I hope that Ministers will consider making the free collection of bulk waste and the free disposal of commercial waste a statutory requirement, backed up with the resources needed to implement it.

There is another environmental problem that last year blighted the lives of a number of residents in and around Iwade, the village I mentioned earlier. It became apparent that land in an area called Raspberry Hill Lane was being used to process building waste. For weeks, my constituents were subjected to the foul smell of melting rubber and burning, in addition to the noise and dust associated with the process. One result of this incident, which I believe is still taking place today, is the misuse of U1 exemption.

[Ms Nusrat Ghani (in the Chair)]

Mr Henderson, we seem to have lost your screen connection. Ah, you are back. Marvellous.

[Gordon Henderson]

I had got to one of the results of the incident, which I believe is still taking place today. It is the use of U1 exemptions to take waste from that site and dump it off the cliffs at the top of Warden Road on the Isle of Sheppey. I believe that the U1 waste exemption is a loophole that is open to abuse and should be closed.

According to the Government’s website, the U1 exemption allows for the use of suitable waste, rather than raw materials or items that are no longer waste, to be used in construction projects. For example, it would be in order, under the exemption rules, for crushed bricks, concrete, rocks and aggregate to be dumped to create a noise barrier around new development. Under the rules, it could then be topped off with soil and landscaped. It is also permitted to use road planings and rubble to build a track or path. Those are proper uses of the U1 exemption.

However, what is being done off the cliffs north of Sheppey is not a proper use. It is creating problems for residents who have to use the surrounding roads, and it harms the local coastal environment. That is the true danger of fly-tipping, which is a selfish act of throwing unwanted construction rubbish over a cliff. It appears that nothing can be done to stop those people, which is beyond belief. Apparently, because of the U1 exemption licence, the Environment Agency can do nothing. It does not seem to have the resources to monitor the terms of the licence to ensure that they are being observed. The problem could be solved by making the Environment Agency responsible for authorising, issuing, monitoring and enforcing the proper use of U1 exemption licences. I urge the Minister to look into this matter urgently.

While talking about the north Sheppey cliffs, I would like to highlight another ongoing problem: the plight of residents at Surf Crescent, in what is called the Eastchurch gap. The first anniversary recently passed of an incident that saw part of Surf Crescent fall into the sea, taking with it the home and possessions of a family, leaving them homeless. Many more of my constituents were moved out of their homes for their own safety, and they are concerned about their future in the homes that they have loved for so long.

The problem of the erosion of the north Sheppey cliffs is not new. I have raised the subject before, including in a Westminster Hall debate in December 2017. I will continue to raise the matter until something is done to save the properties that are under threat. Unusually, solving the problem is not about money. There are groups on the Isle of Sheppey that have put forward schemes to reinstate the cliffs, at no cost to the taxpayer. However, they come up against intransigence on the part of Natural England, which has stated publicly that it will oppose in principle any proposal to stop the erosion of the cliffs.

Natural England’s reason for its stance is that the cliff erosion is on part of the Sheppey coastline that has been designated a site of special scientific interest. Let me clarify what that means. The SSSI is in place not to protect land, which I could understand, but to protect the loss of land, which I find bizarre. I have asked in the past for SSSI designation to be lifted so that the homes of my constituents can be saved, but I was told it was an EU designation. We are no longer in the EU, so I urge the Minister to look again at the situation and see if the designation can now be lifted. If not, what other steps can be taken to protect my constituency?

Finally, I want to address another major issue that is having an impact on the local environment, which is housing. Kent has seen major housing development over the past couple of decades, which has seen too many of our green spaces concreted over. In addition, the increased population has put tremendous strain on our infrastructure. In many areas, the additional traffic created by those homes has harmed our environment, not least by worsening the already polluted air in our towns and cities.

My constituency in particular has taken more than its fair share of that increased housing, and its geography, demography and local environment have changed beyond all recognition. Sittingbourne and Sheppey has seen a tremendous increase in our population, without having the necessary infrastructure put in place to support those people. Now, we have overcrowded roads, over-subscribed schools and increased waiting times for health services because of a lack of doctors.

Under the current Government-imposed housing targets, my local authority, Swale Borough Council, is under immense pressure to build more houses, and there is mounting concern from local people about a number of proposed developments involving thousands more houses in our area. We are facing a proposed planning Bill that will increase further still the number of homes in Kent. No doubt Sittingbourne and Sheppey will be asked to take some of that total housing. More housing will mean more air pollution—[Inaudible.]

[Ms Nusrat Ghani (in the Chair)]

Mr Henderson, you have muted yourself. Please unmute.

[Gordon Henderson]

I am sorry—it is the technology, I am afraid. I will repeat what I was saying.

Now, we are facing planning Bill that will increase further still the number of homes in Kent. No doubt Sittingbourne and Sheppey will be asked to take some of that total housing. More housing will mean more air pollution and even fewer green spaces. That will be a disaster for our local environment, which is why I want to use my speech to forewarn the Government that I will be unable to support the planning Bill unless it protects my constituency from any more unsustainable housing growth.

I do not apologise for highlighting what might be considered parochial issues. It is right that we have priority areas set out in law, including air quality, water, biodiversity, resource efficiency and waste production—all those things are mentioned in the Environment Bill, which is now in the other place—but I hope Ministers recognise that those measures go only halfway towards solving the issues that real people face on the ground. My constituents want an assurance that the basics, such as protecting their local green spaces and agricultural land, solving the problems of littering and fly-tipping, cutting regularly the grass on the verges of trunk roads such as the A249, and managing ground and air pollution, will also be taken care of.

In an ever-changing world in which the Government talk about building back to improve lives and livelihoods, please do not ignore the plight of those whom I have highlighted. Let us use this chance to make lasting changes for those people.

[Ms Nusrat Ghani (in the Chair)]

Thank you, Mr Henderson—I am pleased that we survived those gremlins.

Hare Coursing

Gordon Henderson Excerpts

Tuesday 1st December 2020 Westminster Hall

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

I beg to move,

That this House has considered the matter of hare coursing.

I am very fortunate to represent a constituency that has both urban and rural communities. In Sittingbourne and Sheppey, we are privileged to have access to lots of green space where we can enjoy our wonderful rural natural environment. We are also privileged to be surrounded by many acres of good quality agricultural land, where our local farmers produce fruit, vegetables and cereals that are as good as any found in any other part of the garden of England.

I am conscious that those privileges come with the great responsibility of ensuring that we properly protect our land, its wild animals and the habitats that they call home. That protection extends to our population of native hares, which is why I applied for this debate. I want to highlight the damage caused by the barbaric practice of hare coursing. That, for those who do not know, is defined as the sport of hunting hares using sight rather than scent.

I beg to differ. Hare coursing is as far removed from sport as you can possibly get. It is nothing more or less than the cruel use of live hares to train dogs to hunt them down and kill them just to make money. Increasingly, the so-called training events are organised on a competitive basis and used as an opportunity for hare coursing supporters to take part in illegal betting.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

I very much welcome my hon. Friend’s bringing to the House this important subject, which is of extreme concern to my constituents in Huntingdon and to people in wider Cambridgeshire. On the point that he raises, is he aware that those events are being streamed not just locally but nationally for gambling purposes, and that therefore this problem goes beyond all our constituencies and is a national problem that must be dealt with as such by the Government?

[Gordon Henderson]

I fully agree with my hon. Friend. The betting generates thousands of pounds for the greedy and unscrupulous organisers of the events, who truly have the blood of hares on their hands.

Hare coursing is having an adverse effect on our native hare population, which in turn has an effect on biodiversity. That is why hares are included in the UK biodiversity action plan.

[Jim Shannon (Strangford) (DUP)]

Sir Christopher, I sought the hon. Gentleman’s permission to intervene. I suspect that he is coming to the game laws. Section 4 of the Game Laws (Amendment) Act 1960 makes provision for “seizure and forfeiture”, but those powers do not extend to the aggravated offence in section 32 of the Game Act 1831. Therefore, does the hon. Gentleman agree with me that the older game law should be amended to create consistent seizure and forfeiture powers for all poaching offences, including those involving dogs and vehicles, and that that would act as a deterrent, assist the police and enable the courts to impose penalties that reflect the seriousness of the offence?

--- Later in debate ---

[Gordon Henderson]

My hon. Friend will be delighted to learn that I am about to come to that in my speech; he has pre-empted me somewhat.

In addition to the adverse effect of hare coursing on the hare population, there is a negative impact on the lives of farmers and landowners, who have to put up with all sorts of illegal acts, such as vandalism of property, theft, intimidation and the destruction of crops, with the consequential loss of income. Of course, those who take part in illegal hare coursing are also guilty of other crimes, such as road traffic offences—including the driving of unlicensed and uninsured vehicles—drug taking, the possession of firearms, and the illegal betting that I mentioned earlier.

I would like to tell the experience of one of my local farmers, a friend of mine. In October, just before harvest time, my friend discovered that vehicles had been driven on to one of his fields, leaving wheel marks and scuffs on the turns. He said that although the marks left by the wheels largely faded away, the scuff marks did not, and he lost crops at harvest, which meant a loss of income and earnings. It was not the first time that that had happened. My friend is not alone: many of my local farmers experience similar problems.

[Danny Kruger (Devizes) (Con)]

Other hon. Members have made the point that the old game laws need to be reformed to increase fines and the money that the courts can reclaim from those criminals. My hon. Friend mentions the impact of the damage on farmers. Farmers also have to invest quite significantly in defences against hare coursing, such as digging ditches and putting locks and bars on gates. Does he agree that it should be possible for councils or the police to recompense farmers for some of the costs that they incur in defending against illegal hare coursing if, as I hope he will mention, the courts can reclaim far more money from the criminals?

[Gordon Henderson]

My hon. Friend must have been reading my speech, because my very next paragraph explains that my farmer friend decided to dig ditches around his fields and install locked metal gates wherever he could. Even those sensible actions did not deter the criminals because, as my hon. Friend explained, they now come prepared with battery-powered disc cutters to cut off the padlocks or cut through the metal barriers to get to the fields and continue their hare coursing. How on earth are our hard-working farmers meant to earn a living in the face of these determined thugs who break down barriers to trespass on their land?

The behaviour described by that farmer is not that of opportunists, but well planned acts by people who are motivated by nothing more than greed and money. That is clear from the equipment they carry with them. They are prepared for breaking and entering, invading other people’s land, and causing long-term damage while they are there. That behaviour needs to be stamped out, but the available sentencing powers are insufficient to be a deterrent.

As Members of Parliament, we have a duty to our constituents and hard-working business owners to ensure that their firms are protected. Farmers are businesspeople. These callous acts of criminal damage would not be tolerated against any other business. Why should it be any different for farmers and landowners?

This year has proved challenging for lots of rural businesses, including farms, which have not escaped the pandemic and the resulting economic impact. Farms have also faced the worrying possibility of a no-deal Brexit. They do not need the additional threat posed by criminal gangs, who are increasingly targeting rural communities.

What can be done about hare coursing? The Crown Prosecution Service website admits that

“Hare coursing can cause significant disturbance in the countryside”,

as well as causing a lot of concern to people living in the wider rural community where the activity takes place. Those words are small comfort to farmers who believe that the “significant disturbance” is being ignored, as are the laws that have been put in place to protect them. As hon. Members have pointed out, three pieces of legislation cover the problems that farmers face.

First, section 30 of the Game Act 1831 includes two separate offences for trespassing during the day in search of game. Fines depend on the number of people involved: up to £1,000, or up to £2,500 if a group contains five or more people. Secondly, Section 1 of the Night Poaching Act 1828 sets out two separate offences: the first makes it illegal to go on someone else’s land unlawfully at night to take or destroy game, while the second makes it illegal to enter land unlawfully

“with any gun, net, engine, or other instrument, for the purpose of taking or destroying game”.

Someone caught committing those offences could be liable for a fine of up to £1,000. Finally, the Hunting Act 2004 outlaws activities associated with organised hunts.

Hare coursing, however, was an offence of its own long before the Hunting Act 2004 came into force. I share the view of the Nation Farmers Union and see no reason why the Hunting Act 2004 should have to be used to sort out this problem. Hare coursing is a much wider issue that should be treated in isolation, not in conjunction with the Act. Legal guidance from the Crown Prosecution Service says that more effective tools for prosecuting are either the Game Act 1831 or Night Poaching Act 1828, both of which I mentioned earlier. We have enough legislation to tackle hare coursing, but the problem is how the maximum penalties in those Acts are implemented: the truth is, not very well.

Rural crime, including hare coursing, has escalated in Kent in recent years and policing methods have had to adapt and change with the growing threat this now presents to rural communities. Officers in the Kent police rural taskforce do excellent work in tracking down the perpetrators of rural crime and building cases against them. However, they do not always receive the support they deserve because they are not always backed up by the rest of the justice system. For instance, the Crown Prosecution Service decides whether a crime is worth prosecuting and the courts decide what punishment should be meted out once prosecution goes ahead and somebody is found guilty.

Farmers and other people living in rural areas in my constituency want to see a toughening of the penalties imposed on those found guilty of rural crimes, as my hon. Friend the Member for Devizes (Danny Kruger) said, because the current penalties are simply not enough to discourage hare coursing criminals. The NFU released some research a couple of months ago that looked at the level of fines imposed on those found guilty of hare coursing. Between 2014 and 2018, the average fine under the Game Act 1831 was £227, when the maximum fine for offences under the Act is £1,000, or £2,500 if five or more offenders are involved. It cannot be right that the average fine imposed by the courts was just £227, and I am sure you would agree, Sir Christopher, that such a penalty is derisory.

As I mentioned, a lot of money is made from hare coursing. Sometimes hundreds of thousands of pounds is involved; surely nobody believes that such a small fine is going to put perpetrators off. Frankly, it is tantamount to a slap on the wrist. How can such risible fines be justified to farmers who, due to biosecurity concerns, may have to scrap tens of thousands of pounds worth of crops damaged by hare coursing? It is just adding insult to injury.

When the victims are brave enough to confront the trespassers—as some of the farmers in my constituency have in the past—they are met with threats of violence and untold amounts of verbal abuse, and it has to stop. We are a civilised nation that relies on its farmers, and we have to protect them from these thugs. They need Government support that they are currently not getting.

In the absence of that support, the NFU has this year worked with other farming business and rural wildlife organisations to create an alliance that aims to produce an action plan to end illegal hare coursing. This coalition believes that some simple changes to the Game Act 1831, together with better guidance for the judiciary when passing fines, would go some way to mitigate the worry, the disruption and the intimidation experienced. For instance, it has been suggested that the most powerful way to get through to the people committing those crimes is to seize their dogs, as my hon. Friend the Member for Strangford mentioned earlier. Currently, police forces are deterred from taking such action because the cost of keeping animals in kennels cannot be recovered from the offenders in the same way as it would be if dogs were seized for their own protection under the Animal Welfare Act 2006.

I understand that police fully support an amendment to the Game Act 1813 and Night Poaching Act 1828 along those lines. These are not controversial proposals, and, unusually, there is widespread agreement and an acknowledgement that something needs to be done as soon as possible. Why, then, have campaign groups been met with reluctance and hesitation by the Department for Environment, Food and Rural Affairs to take any of this forward?

These are issues that have been raised for many years and, sadly, these types of attacks on farming communities are nothing new. I have raised this subject before in a Westminster Hall debate. On that occasion, I read this letter from a constituent:

“Dear Sir,

The Isle of Sheppey has a population of over 36,000. During the summer this number is more than doubled. We have read in the local newspaper about yet another reorganisation, but the fact remains that police presence on the Island is inadequate.

On Saturday 2nd November…we had cause to phone 999 as there were four men with dogs coursing hares on our farm. Only one patrol was available. No criticism is intended or implied of the individual officer, but he had no realistic chance of apprehending four experienced criminals who were playing ‘cat and mouse’. With assistance from my husband they were caught, but yet again have got away with it.

This incident was not an isolated one. There have been six incidents here since September…We have witnessed them all and found numerous gates open on all six occasions. This is done deliberately so that the dogs have an unimpeded chase after the hares… we had twenty four incidents of this kind, all of which were reported. Some incidents were attended by the police and some were not. Of the twenty four incidents, arrests were made on only two occasions. In the first case the culprits received £250 fines and we are still waiting for the £15 victim cost.

In the second case the CPS abandoned the case only informing us the day before the hearing. This cost us money as we had already made arrangements for someone to care for our animals during our absence. The CPS claim there was insufficient evidence for the charge that was brought. Our view is that the case was dropped to save money. (It has been reported that the CPS drop 500 cases a week)…We are now in despair and have reached the stage where we may as well let these people have their fun without interruption.”—[Official Report, 9 April 2014; Vol. 579, c. 99WH.]

That Westminster Hall debate took place on Wednesday 9 April 2014. If my calculation is correct, that is six years and eight months ago, give or take a few days. Sadly, the woman who wrote that letter is no longer with us. She died a couple of years ago. The scandal of hare coursing, which filled her with such despair, remains.

I do not want to have to come back for a Westminster Hall debate on hare coursing in another six years, so I urge the Government to listen to my farming community, make the necessary changes to the law and, at the same time, vastly increase the maximum fines for what is a truly barbaric crime. The time for such action is long overdue.

--- Later in debate ---

[Rebecca Pow]

It is about priorities, obviously. I urge my hon. Friend to engage with his local police force. They understand rural crime and its big knock-on effects—it is not a one-off thing; it can spread to all these other things. Hare coursing has knock-on effects, from stealing to arson to other issues. That is definitely being highlighted in rural areas.

I have highlighted lots of good work, but I agree with my hon. Friend the Member for Sittingbourne and Sheppey that there is more to do. My Department recently convened a roundtable meeting with a range of rural partners, the police and the Home Office to consider what further action could be taken to strengthen the response to hare coursing. Those discussions will continue. The Minister for Crime and Policing and I really value the insights that those meetings provide us with, and the input that we have had from other hon. Members who have written to us. For example, south Cambridgeshire MPs recently sent a letter about the issues in their area.

I am aware of suggestions that the police should be given greater powers to seize the dogs used in hare coursing, and that the courts could possibly confiscate the dogs permanently on conviction. At the moment, they can seize the dogs, and they look after them in kennels—often at vast expense—but when the person is prosecuted or fined, the dogs get handed back, which could allow for further illegal activities. That has definitely been raised, and we are exploring it further. Similarly, it is up to the courts to decide how to hand out fines and how much to fine, and valid points have been raised that some of the fines are not high enough. Sentencing guidance could potentially help with that, especially for these rural areas.

[Gordon Henderson]

I accept that the courts interpret the level of penalties. However, is for us to decide what the maximum penalty should be. If we increase the maximum penalty from £1,000 to £100,000, for argument’s sake, the courts would have to take that into account and would be less likely to fine somebody £100.