Oral Answers to Questions

Julian Sturdy Excerpts

Thursday 9th January 2014 Commons Chamber

[Mr Paterson]

I am grateful to the hon. Lady for raising an important question about what is a real and growing problem in certain conurbations. In fairness, however, it is exactly the opposite of what she says, as we are consulting on how to bring in more effective regimes. She has raised a key question that affects large numbers of people.

[Julian Sturdy (York Outer) (Con)]

T2. Following the new year celebrations, farmers in my constituency have voiced their concerns about the dangers of Chinese lanterns not only to the welfare of their livestock, but to property and, ultimately, their livelihoods. Following bans in Germany, Spain, Australia and much of south America, is it not time to consider banning these flying death-traps?

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

We share some of the public’s concerns about the potential risks posed by sky lanterns. However, we commissioned an independent study, which was published in May last year, and it concluded that the overall impact of sky lanterns on animal welfare was quite low. We are therefore focusing our efforts on ensuring that people are aware of the risks and trying to improve voluntary action to deal with the problem.

Fly-Grazing of Horses

Julian Sturdy Excerpts

Tuesday 26th November 2013 Westminster Hall

[Julian Sturdy (York Outer) (Con)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Hollobone. I congratulate my hon. Friend the Member for East Hampshire (Damian Hinds) on securing this important debate.

My hon. Friend may remember that I secured a similar debate back in July last year, on the connected issue of illegally tethered horses and the steps we need to take to clamp down on that problem. I said then that the problems that my constituents face on the edge of York with fly-grazing and illegally tethered horses are not restricted to York or the Yorkshire region. The problem is found throughout the country, predominantly —although not exclusively—in rural areas. I hope that the number of Members attending this debate has sent a clear message to the Minister about how important the issue is to constituencies around the country.

It must be remembered that fly-grazing not only blights the lives of the horses that are subjected to it, but impacts on farmers who grow crops that are destroyed and puts road users in jeopardy when animals stray on to the highway. I have had various meetings with the Royal Society for the Prevention of Cruelty to Animals, the local National Farmers Union and constituents about the issue of fly-grazing, and the message is clear: no one group can solve the problem alone. It is essential that we all work together on this growing crisis. The only way we can do that is with the support of the public, the Government agencies, the police and local authorities. If we all work together, we can stop the abuse once and for all.

At the core of the issue is a simple but profound point of principle that I believe in: no one should be above the law. Nor should people’s lives be negatively affected by those who have little regard for such laws. This is a horse crisis. That is exactly how the charities concerned regard the issue, in the excellent report “Left on the Verge”. The RSPCA, Redwings horse sanctuary, the Blue Cross, World Horse Welfare, HorseWorld and the British Horse Society have all reported an increase in the number of cases of neglect and abandonment that have been brought to their attention.

[Chris Kelly]

Local newspapers are also reporting huge numbers of cases of tragic horse deaths. In my constituency, the Express & Star, the Stourbridge News and the Dudley News are regularly filled with stories about horrific cases of horse death and neglect. Has my hon. Friend had a similar experience?

[Julian Sturdy]

I agree entirely with my hon. Friend. Those sorts of issues have been reported regularly in local media in my area. Also, there have been reports of issues on the highway, with cases of horses that were illegally tethered or were being fly-grazed on the highway escaping on to it and causing serious road accidents. We have to remember that this issue has a wider impact than just illegal fly-grazing.

My understanding is that ever since the horsemeat scandal, which devastated our confidence in the EU’s food safety process, the price of horsemeat has plummeted. Notwithstanding that collapse, irresponsible dealers have continued to buy, breed and import horses as the market has become saturated. As has already been mentioned, a horse can now be purchased for as little as £5, although it can often cost in excess of £100 a week to look after it properly. Irresponsible dealers are importing horses from France and Ireland under the tripartite agreement that allows for the free movement of horses without health checks.

As the market for horsemeat in mainland Europe is depressed, dealers are left with a surplus of horses, much of which, sadly, can been seen along the roadside and in other people’s fields, or even in people’s gardens. One particular case from my postbag, which I would like to touch on briefly, highlights the vast amount of damage that fly-grazing can do and the way it affects farmers. My constituent, Mr David Shaw, farms land in Osbaldwick that is located in close proximity to the local Traveller site. Mr Shaw’s land has been regularly overtaken by horses belonging to the Traveller community, which has caused a great deal of damage to his fences and crops, and to the land itself. Just recently, in October, Mr Shaw found approximately 14 horses in his fields. He turned them out, repaired the fences and spoke to the Traveller who owned them, requesting that he keep them off his land, but l5 minutes later the horses were back in his maize field again.

[Nigel Adams (Selby and Ainsty) (Con)]

To me, that sounds like intimidation of landowners, so I wonder whether my hon. Friend and neighbour has had similar experiences to me. A constituent of mine came to one of my surgeries in tears because he had found horses in a paddock that he owns, with a sign asking him to ring about them. When he did, he was told that if they did not stay on his land for a certain period, he could be in trouble. The police should surely take serious action about that sort of intimidation.

[Julian Sturdy]

I agree entirely with my hon. Friend and neighbour. That is a worrying development; indeed, I now want to talk about some of the intimidation that my constituent has suffered from.

The following Sunday, Mr Shaw again found the horses in his field. He spoke to the owner once more, and it turned out that the owner was banned from keeping animals, following a previous cruelty case brought against him. Mr Shaw was subjected to the most horrific verbal abuse. Despite that, he carried on. He removed the horses and mended the fences. That evening, he again found them back in his field again. This exhausting exchange continued for a further four days, in which Mr Shaw spent well over 12 hours of his time dealing with the issue, all the while trying to run his dairy business. He removed the horses from his field a total of nine times and mended the fences the same number of times. That is a lot of expense for a problem that the council can do little to help him with.

My hon. Friend the Member for East Hampshire touched on the problems of the existing law. He also touched on the need for an equine database, and I entirely agree with that. The action that the Welsh Assembly is taking has been well rehearsed. I start from the simple principle that fly-grazing should be a criminal offence, to ensure that action can be taken swiftly and offenders brought to justice. The culprits are too often simply banned from keeping horses for a period, but the easy way round that is for animals to be transferred into the ownership of a relative. When horses are starving on the roadside, justice dictates that a custodial sentence should be brought to bear for such a horrible abuse.

It is essential that horse traceability is improved, because rules are routinely flouted, with few if any sanctions for non-compliance. It is important for everyone locally—the police, the local authority, animal welfare charities, the NFU and Traveller representatives—to work together for a long-term solution. I intend to hold a round-table meeting in my constituency in the new year to add impetus to the issue. Sadly, fly-grazing affects and touches many people in different ways—

[Mr Philip Hollobone (in the Chair)]

Order.

Water Bill

Julian Sturdy Excerpts

Monday 25th November 2013 Commons Chamber

[Jonathan Evans (Cardiff North) (Con)]

I draw the attention of the House to my entry in the Register of Members’ Financial Interests and to my chairmanship of the all-party group on insurance and financial services.

My remarks will be limited entirely to that part of the Bill that deals with flood insurance. Since 2010, the all-party group has met on four occasions to consider the issue in great detail. It has met the British Insurance Brokers Association and the Association of British Insurers, and has frequently met the National Flood Forum. The group had the pleasure of meeting my hon. Friend the Member for Newbury (Richard Benyon)—I am not sure it was a pleasure for him—who kept us up to date with the progress of his deliberations. I join other Members in thanking him for his contribution.

My remarks will focus entirely on the all-party group’s opinion of the Government’s proposals and the representations it made as part of the consultation. The concept of Flood Re is generally supported by the group, but its members have a number of concerns. Many of those were raised by the hon. Member for Kingston upon Hull North (Diana Johnson). She reminded us of the dreadful experience in Hull and highlighted some of the issues we need to examine in the context of the Flood Re proposal.

There is concern regarding small businesses. The Bill proposes to cover residential property, but under the statement of principles some small businesses were covered too. It is easy to see in Hull many corner shops and things of that nature where it is difficult to distinguish between the residential and business elements. The Federation of Small Businesses, the British Insurance Brokers Association and the British Property Federation have urged the Government to reconsider their exclusion of small businesses under the scheme. We do not want major businesses covered, but perhaps a turnover of £1 million would be an appropriate cut-off point when covering smaller businesses. The cost would not be prohibitive.

On another contentious area, the Government say, “Come what may, we must have the flood insurance obligation.” That is clearly desirable, but it cannot be a blank cheque. Under the one-in-200-years principle, insurance is supposed to cover all circumstances likely to arise, but it is difficult to assess what a one-in-200-years risk might be, given, for example, that the six wettest years on record have all been since 2000. As we have heard, climate change is happening and it is difficult to make those assessments. Just this year, there have been major floods in Alberta, Canada that might count as a one-in-200-years event: total estimated damage was more than 5 billion Canadian dollars, 100,000 people were displaced, several people died and 2,200 troops were deployed. In the next few years, we could suffer such a calamity, yet it is not clear from the Flood Re proposal what the Government would bring to the party. It is unrealistic to think the insurance industry could cover the costs of such a calamitous event. The Government have been sending signals about what they might do, but they have not been much more than signals. We would like a bit more than that.

It is proposed that Flood Re be based on council tax bands. I agree with my hon. Friend the Member for Newbury, the former Minister, that we do not want to unpick this, but I would like it to go a bit further. The measure is a sort of rating by proxy, not risk, but band H properties have been excluded, which is something that the all-party group is concerned about. As he said, the reason for the exclusion is that we do not want subsidies for the rich, but I wonder whether that has been thought through. My hon. Friend the Member for Brecon and Radnorshire (Roger Williams) will be able to remind the House, as I can, of the council tax revaluation in Wales. Our top band is no longer H, but I. Band H properties are not occupied by millionaires, yet would not be covered by this proposal. Has that been taken into account?

The reason we do not want band H properties excluded is that historically all bands have been based on valuations of no relevance today. At some point, there is likely to be a revaluation, and who is to say that new bands will not be added, as happened in Wales? For that reason, it would be much better not to exclude band H properties. Against the claim that it would help the wealthy, I would simply say that the wealthiest occupiers probably use brokers to arrange their insurance. It is the people who cannot do that—people in what I would term “middle class-ish” properties—who might find themselves in difficulty. I make that case on behalf of not one political party, but the all-party group, and I urge the Government to reconsider.

The hon. Member for Kingston upon Hull North drew our attention to the distinct position of properties built after 2009. Yet again, I share that concern. That year was chosen because it was when the statement of principles was renewed, and the view, therefore, was, “Well, everyone knew that from that year onwards they would be excluded, so let’s not have them covered,” but we know that there is already much better mapping data. I would like us to make use of the mapping data, rather than simply not covering post-2009 properties.

[Julian Sturdy (York Outer) (Con)]

My hon. Friend is making a powerful point. Should we not be ensuring that we do not build new properties in flood risk areas?

[Jonathan Evans]

That is a much better proposition than telling someone in a property built in 2010, “Flood Re is not for you.” If it is to be a solution to the difficulties of insurance, as many properties as possible should be covered. That includes what are termed “genuinely uninsurable” properties. They are excluded as well, yet they might be occupied or habitable properties with a council tax rating. Why are we not to include them? In my judgment, their number is not so considerable as to make the scheme impossible to operate. As the Minister knows, the all-party group made that representation to him during the consultation, and we hope he will take it on board as he considers his amendments in Committee.

I already know of one area where the Minister has accepted our recommendation. We suggested giving regulatory responsibility to the Financial Conduct Authority, and that is now in the Bill. The all-party group welcomes that inclusion, but hopes that the Minister will give further consideration to the other points we have made in support of what in our judgment is a proper solution to a difficulty that has taken too long to resolve.

Badger Vaccines

Julian Sturdy Excerpts

Wednesday 16th October 2013 Westminster Hall

[David Morris]

That is the spirit of the debate—how we proceed and eradicate a problem that has blighted our countryside.

As I said, the DEFRA survey of badger numbers shows that there is some common ground. On the subject of badger numbers, I have heard huge variations in the estimates, which range from 150,000 to 350,000. It is vital to understand how many badgers there are, and I thank the Secretary of State and the Minister for their work on solving the problem. We cannot understand bovine TB and badgers’ effect on it until we can say for certain how many badgers there are.

The problem will not be solved by Government alone. We must have dialogue between DEFRA, the farmer and Team Badger and its affiliates. Together, they can work to ensure that we never need to consider a badger cull again. Vaccines are expensive, but most of the cost of the vaccination programme is in manpower. I dream of a world in which DEFRA trains volunteers from Team Badger to administer vaccines, while farmers play their part by facilitating the volunteers.

[Julian Sturdy (York Outer) (Con)]

I congratulate my hon. Friend on securing this important debate. Most people in the Chamber fully support the principle of vaccination, but when talking about funding, do we not have to be realistic? An oral vaccine is the only long-term solution to the problem, so is that not where all the money and funding need to be targeted by the Minister and his team, rather than on the injectable vaccine, which is not really a long-term solution?

[David Morris]

I am all for whichever means of administering a vaccine is found. Yes, its development will cost a lot of money, but, as I shall explain, the way ahead might be a measure that empowers members of the pro-badger community to go into match funding with DEFRA. I thank my hon. Friend for his intervention.

Funding streams for working on better vaccines for animals are available in DEFRA, and Team Badger has indicated that it would be willing to raise money to match what DEFRA puts in. In fact, ahead of any proposed scheme, Team Badger has already set up a website to raise funds and opened applications for volunteers. That represents real progress, but the stumbling block is the cull—it is hard to get people around the table as long as it is going on.

My plea to all sides today, across the political divides—we are all sensible and human—is for us to open genuine dialogue on bringing forward a viable and deliverable vaccination scheme. We are all agreed on our desire to create a viable vaccination programme in order to avoid future culls, so let us concentrate on doing that. People will still disagree about the rights or wrongs of the present cull, but for the purposes of this discussion I hope that we can put our differences aside. That is not to say that people will not vigorously argue and debate it, but ensuring that we are in a position to avoid culls in the future is the bigger issue and what must be fixed.

We are in an age of the big society, with Government determined to bring more volunteers and charities together with Departments. In the case of badgers, we have some amazingly well organised and professional charities and lobby groups. It is vital that DEFRA makes full use of those groups, which could be the magic wand that enables us to deliver a vaccination programme cost-effectively. Furthermore, if the lion’s share of research and development, and of delivery of the programme, is undertaken by groups such as the Royal Society for the Prevention of Cruelty to Animals and Team Badger, the taxpayer will be in a much better position. When the Government do not have the budgets that they once had, this must be welcome.

To recap, here are the questions that I hope the Minister will answer. How far are we from a deliverable oral vaccine? Can we work on a cattle vaccine without falling foul of European Union rules? Will he commit to creating a dialogue around those things that we agree on? Will he support fundraising efforts by groups such as Team Badger and others? Is DEFRA open to the idea of a big society badger vaccination programme undertaken by volunteers?

I appreciate that the issues are easy to flag up, but much harder to address. I firmly believe, however, that with the right work, public will, dialogue and effort on all sides, we can do this. We must remember that the prize at stake is that none of us would have to go through the heartache and division of further badger culls again.

Flood Insurance

Julian Sturdy Excerpts

Tuesday 26th March 2013 Commons Chamber

[Julian Sturdy (York Outer) (Con)]

I am grateful for the opportunity to make a short contribution to this very important debate on flood insurance, which I congratulate my hon. Friend the Member for Esher and Walton (Mr Raab) on securing.

As the Member of Parliament for a constituency that contains two major river courses and surrounds one of the most historic, flood-hit cities in the country, I naturally have constituents who express a great deal of concern about flooding, its impact on the local community and on the availability and affordability of flood insurance. Flood insurance is an issue not only for those who have sadly been flooded, but for those who have not and may never be but are deemed to be in a flood-risk area.

[John Glen (Salisbury) (Con)]

My constituent Sarah McKerlie told me just a few days ago that the sale of her property has fallen through three times because of the ambiguous risk. The current uncertainty is leading to irrational behaviour that does not necessarily relate to insurability. This uncertainty needs to end, so that people can sell their properties. It is a real blight and is causing major distress to many people.

[Julian Sturdy]

I entirely agree with my hon. Friend. I have a number of constituents in the same boat who bring the same concerns to me.

Given that the statement of principles comes to an end in June, the future looks very uncertain for many of my constituents and those of Members throughout the House, so I welcome the motion today. I want to focus on a village in my constituency situated to the south of York, on the banks of the River Ouse. Large parts of Naburn are at a significant risk of flooding. Late last year, I was contacted by a Naburn resident who informed me that, over the past 37 years, his property has been badly flooded on four separate occasions. In the six months since last autumn’s terrible wet weather, some homes in Naburn have been flooded numerous times. Thankfully, the people of Naburn have a strong sense of community spirit. They are Yorkshire folk, after all, and they are starting to pull together to do all they can to reduce their collective flood risk.

Following a public meeting in the village in November, the parish council and a group of interested residents set up a working group to investigate inexpensive and cost-effective measures that they can swiftly enact to help them deal with flooding before it affects their properties.

[Nicola Blackwood]

I suspect that my hon. Friend is about to describe a flood group like the Oxford Flood Alliance, which he and I are familiar with. It plays a huge role in reducing flood risk in Oxford by coming up with flood plans, mitigating flood risk in communities and developing flood resilience. Does he agree that this is a really important thing to encourage, and that any future flood insurance scheme must encourage such developments?

[Julian Sturdy]

I entirely agree with my hon. Friend. Local flood groups are very important for our communities. I am sure that, like my community flood group, my hon. Friend’s is working hard with the Environment Agency, the local authority and the local water and drainage boards to improve flood resistance capabilities.

Some ideas that have been considered include allowing local residents to have control over mobile pumping units and sandbag storage and delivery and to use their local knowledge to protect the most vulnerable people. We must not forget that there are some severely vulnerable people in flood-risk areas, and we must make sure that they do not become isolated by flooding. Independently, many people are considering making flood resilience improvements to their own homes.

The hard work, positive action and sense of resolve that I have witnessed in Naburn is extraordinary, and the community should be commended for its collective approach to the problems that it faces. I am well aware that, as has been pointed out, there are similar stories across the country of communities coming together to battle the difficulties of flooding, and they should all be commended.

[Mr Andrew Smith]

I, too, praise the Oxford Flood Alliance. Insurance is one aspect being pursued there. The alliance has found that just because one person in one property gets a quote from an insurance company their neighbour may not be able to get anything like a similar quote from the same company, because the companies limit their exposure in these areas. That is driving up premiums and giving people intolerable uncertainty.

[Julian Sturdy]

I entirely agree with the right hon. Gentleman, and I have been told of similar circumstances in relation to the accessibility of local flood insurance.

What my constituents fear, as I do, is that their efforts, which I have just explained, could all be in vain if the statement of principles ends without a new agreement in place. Home insurance premiums would sky-rocket for all residents in communities such as Naburn, regardless of whether or not a property is susceptible to flooding. Some people would lose flood insurance altogether, and, as has been said, mortgage agreements could be at risk as a result. I understand the need for negotiations between the Government and the ABI to be private and confidential, but the lack of any specific details emerging from the negotiations is fuelling my constituents’ concerns about how they will cope in the future.

My constituents are prepared to come together to work as a community to face up to the flooding threat on their doorstep. They therefore need the same commitment from the Government and the insurance industry to do all that they can to protect people from the worst excesses of flooding and deliver an agreement that improves the availability and affordability of flooding insurance where flood resilience measures fail. It is time for action.

Oral Answers to Questions

Julian Sturdy Excerpts

Thursday 7th March 2013 Commons Chamber

The Secretary of State was asked—

[Julian Sturdy (York Outer) (Con)]

1. What policies his Department is putting in place to increase growth in the rural economy.

[The Minister of State, Department for Environment, Food and Rural Affairs (Mr David Heath)]

Stimulating economic growth is the top priority for this Government. We want to see rural areas contributing to and benefiting from that growth. A £165 million package of measures from the 2011 rural economy growth review is helping rural communities. We are improving superfast broadband infrastructure in the remotest areas and boosting key sectors such as tourism. We are increasing export potential and unlocking barriers to growth by removing red tape.

[Julian Sturdy]

I thank my hon. Friend for his answer. He is right that superfast broadband is one of the key drivers of growth in the rural community. York and North Yorkshire have made great progress on delivering the Government’s target of 90% coverage by 2015. However, there is a danger that the digital divide could widen for some rural communities in the other 10% of cases. Will my hon. Friend do all he can to push the case for those rural communities?

[Mr Heath]

The hon. Gentleman is absolutely right. We must make sure that the advantages of high-speed broadband reach every community across the country, which is exactly what we are determined to do in time. The good news is that we are reaching an extra 100,000 households a week, so they now have the opportunity to use high-speed broadband. I think that is very good news and we will, of course, continue to roll out the programme across the country.

Groceries Code Adjudicator Bill [Lords]

Julian Sturdy Excerpts

Monday 19th November 2012 Commons Chamber

[Julian Sturdy (York Outer) (Con)]

I am grateful for the opportunity to speak in this debate. As a Member representing a series of villages linking the city of York to the distinct rural north and east Yorkshire countryside, I am always keen to speak in debates touching on the agriculture industry. Before my election to Parliament, I, too, was a farmer, and as such I have first-hand knowledge of some of the pressures facing many of the UK’s independent producers. I must therefore draw Members’ attention to my declaration of interests.

Like many Members from both sides of the House, I congratulate the Government on introducing this Bill. Like many Members, I have long called for some form of adjudicator or ombudsman to ensure that our major supermarkets and retailers operate fairly throughout the industry’s supply chain. This is about treating farmers and suppliers fairly and lawfully. My representations have followed on from first-hand experience of dealing with constituents’ cases in many parts of York Outer, where small independent farmers or producers feel unfairly treated by the tactics of some national supermarket chains. However, it would be wrong to view this Bill simply as a reflection of a fundamental battle between big supermarkets and small producers. On the whole, our national supermarkets should be a source of great pride. They are massive job and wealth creators in our country, which is something the Minister touched on in her opening remarks. Many supermarkets undertake superb community work whenever they open a store. I am sure that, like me, Members from across the House will have first-hand experience of the community work that supermarkets do in their patch.

Nevertheless, as in all areas of industry, it is right that accountability, transparency and an independent watchdog should encourage and ensure fair practice for all involved. That is what a groceries code adjudicator will do. As such, I am pleased that the general principles behind the Bill seem to be attracting cross-party support, allowing today’s debate to focus on the powers and responsibilities that the adjudicator will have. Introducing a groceries code adjudicator represents a common-sense step in the right direction, but that will be undermined if the body lacks the teeth it needs to operate effectively.

It is worth mentioning that we have had a groceries supply code of practice in force for a few years now. As the president of the National Farmers Union, Peter Kendall, has said, it is

“essentially a rulebook without a referee.”

I would go one step further and suggest that without adequate teeth, the groceries code adjudicator would be like a referee without a whistle—or, as the hon. Member for Edinburgh South (Ian Murray) said, one without a red card in his top pocket. As a Leeds United supporter, I would not mind a referee at our next match without a red card in his top pocket, but we need a groceries code adjudicator with the ability to take action. The fear with all new regulatory bodies is that they are set up too cautiously, becoming ineffective talking shops, unable to gain influence or authority in the sector. To me, the idea of setting up an adjudicator now, before adding powers at a later stage, is frankly flawed. If we are going to do this, we must do it properly and equip the adjudicator with the necessary powers from day one.

In my view, the necessary powers should at least include the ability to fine retailers for major—I stress the word “major”—breaches of the groceries supply code of practice. Without that power, I fear that the adjudicator will have limited impact. One example of where a properly empowered adjudicator would make a real difference in the supply chain is the current plight of the dairy industry. Over the past few years, many dairy farmers have been unfairly penalised by what can only be described as unfair, inflexible contracts that have sought to take advantage of the product’s perishable nature. There is hope on the horizon, following the agreement of a voluntary code of practice for milk supplier contracts between UK dairy farmers and processing firms. However, getting the voluntary code agreed required substantial political pressure and lengthy negotiations, with dairy farmers sadly going to the wall in the meantime. This is a perfect example of where a strong groceries code adjudicator could make a difference, intervening in such disputes with authority at an early stage.

In conclusion, this Bill is welcomed across the country by the independent suppliers who need the reassurance and support of an independent watchdog. Moreover, a strong groceries code adjudicator would encourage strong links between all parties in the supply chain, benefiting those at each level and ultimately the consumer too. It has to be in the interests of consumers that we have a thriving agricultural sector in this country supplying high quality products, while at the same time reducing our reliance on imports, at a time when food security will undoubtedly become one of the big issues of the future. However, the Government have grasped the nettle on a groceries code adjudicator, and they should be applauded for doing so. This is a good Bill, but the question throughout its legislative journey will be about its strength. I encourage Ministers to show strength by adding the powers required to make the groceries code adjudicator a real success.

Badger Cull

Julian Sturdy Excerpts

Thursday 25th October 2012 Commons Chamber

[Julian Sturdy (York Outer) (Con)]

It is always a privilege to be called to speak in the Chamber, certainly in such an important debate, but let us be clear: the issues being debated today are not pleasant ones. The problems facing the farming industry, and by extension the Government, are neither easy nor straightforward. Likewise, it is important to state early on in my contribution that I am a keen supporter of animal welfare, and I take no pleasure whatsoever in advocating a pilot cull. However, as I shall set out, I believe, sadly, that we have no choice.

To be absolutely blunt, bovine TB is out of control, akin to wildfires raging across our countryside, causing widespread damage.

[Caroline Lucas]

The myth that the disease is out of control needs to be nailed. Fewer cattle have been slaughtered because of BTB each year from 2008 to 2011. Those are the figures. It is not to underestimate how serious it is, but the idea that it is out of control is simply wrong.

[Julian Sturdy]

I do not agree. I talk to many farmers and when one looks across the country, and in certain key areas in the west, one can see that it is out of control and that it is causing huge impact on our farming community and the families, on which a number of hon. Members have already touched.

I appreciate that Members on both sides of the debate have already quoted a number of figures, but the striking one for me is that more than 30,000 cattle will be culled this year due to TB—one every 15 minutes. That is five times the number in 1998. Therefore, when we discuss animal welfare, we should consider the welfare of those affected cattle as well as the welfare of badgers.

First, I want to join a number of Members in clarifying a few key points about today’s high-profile debate. Increasingly, this choice is being presented as cull versus vaccination. Such an interpretation is deeply flawed. Yes, vaccination must be part of a wider TB crackdown, and Members will look at the Government’s policy and see why the badger vaccination is to play a vital role over the coming years, as will, and rightly so, stronger cattle control obligations. However, we must be honest about vaccinations. First, they will not cure infected badgers. Thus, those badgers that have already contracted TB will not be cured by any vaccination currently available. Yes, it might slow the disease, but ultimately they will not be cured. Secondly, the development of an oral vaccine, which ultimately is the only way we will vaccinate the badger population against this destructive disease, is sadly some way off.

Several Members touched on the problems with a cattle vaccine in the short term, no one more thoroughly than my right hon. Friend the Member for South East Cambridgeshire (Sir James Paice). Sadly, the reality is that, alongside cattle control and future vaccinations, a pilot cull is essential in the short term. The Government’s wider long-term plans to control TB will prove successful only if they are supported by a pilot cull. Put simply, we must break the cycle of infection if we are serious about tackling TB.

The second point I wish to discuss is compensation for farmers who have to slaughter infected cattle. As Members might know, I was a farmer before entering Parliament in 2010, although not a livestock farmer—I have no personal interests in that regard. It is often argued that livestock farmers receive compensation for slaughtered animals, but it is not adequately explained that the compensation does not cover any consequential losses to the farmers. Losing cattle has huge knock-on effects for a herd because of the progeny it loses, with breeding lines that have been built up over many years being wiped out in an instant by the disease.

Farmers also have to meet the costs of additional cattle control measures and frequent testing for the disease. The economic consequences for small farmers and the strain put on their families, which several Members have touched on, can be enormous. The economic factors can have a direct impact on local communities and the rural economy. Of course, there is also an increasing cost to the general taxpayer, as has been mentioned. More than £500 million has already been spent on compensation for farmers, and the figure is estimated to rise to over £1 billion within the next decade unless we act decisively.

Finally, I come back to the idea of animal welfare, which is ultimately the key element of the debate. In a situation in which TB has become so terribly out of control, taking proper action to secure the future of both badgers and cattle is genuinely the responsible thing to do. By doing so, we will be safeguarding the welfare of badgers and cattle in the years ahead. The suggestion that farmers should simply keep their cattle locked up, hidden away from fresh pastures and natural conditions, completely flies in the face of animal welfare, yet some farmers are now doing just that because allowing their herds outside would be akin to a death sentence, given the prevalence of TB in certain areas.

In conclusion, if a practical and effective alternative existed, I would back it. Sadly, no such choice exists at the moment. Therefore, this debate should not be framed as one that is about either vaccination or culling. Rather, it should be a question of a rampant disease that causes widespread damage to our countryside, to sustainable farming and to long-term animal welfare. We must choose action, not inaction, to preserve sustainability and health in our countryside, for both the wildlife and the livestock industry.

Dairy Industry

Julian Sturdy Excerpts

Thursday 13th September 2012 Westminster Hall

[Julian Sturdy (York Outer) (Con)]

As ever, it is a privilege to serve under your chairmanship, Mr Betts. Like many hon. Members here, I represent a constituency with strong rural links and I have had regular meetings with local dairy farmers. I want to voice their concerns and discuss the wider conflicts in the industry today, but I must also put on record my declaration of interest, Mr Betts, as I am a farmer, albeit not a dairy farmer.

As has been outlined powerfully this afternoon, for some time, our dairy farmers have found their backs to the wall. To be honest, that is putting it quite politely. It is fair to say that farmers have been unfairly penalised through contracts that, frankly, have sought to take advantage of the product’s perishable nature. As such, I was delighted to learn last week that UK dairy farmers and processing firms had agreed a new voluntary code of practice for future milk supply contracts. I pay tribute to my right hon. Friend the Member for South East Cambridgeshire (Mr Paice) for all his work in getting the code of practice set up. That agreement was the result of significant negotiation, and the new voluntary code will require plenty of scrutiny from both the industry and Government.

Before discussing the path forward, it is important to understand the context of farmers’ concerns. The dispute has centred on frequent reductions in the price paid by processors to milk producers. Combined with the rising cost of feed and distribution, the pressure on dairy farmers is taking a sad toll. To give a local example, Arla, based in Leeds, reversed its planned 1p price cut for August. It actually went further, raising its price to 29.5p a litre, as has been mentioned. However, in the same month, production costs for dairy farmers jumped by 1.5p, so the costs of production were still not being covered, which is the crux of the problem facing those farmers.

The dangers of failing to act now and in favour of milk farmers are stark. Quite simply, if dairy farming does not pay, we will witness an increasing decline in the number of UK-based dairy farmers and an increasing dependence on dairy imports. The farmers with dairy in their blood may continue to champion the industry out of love—I know many who would do that—but, more worryingly, what are the incentives for the next generation to do likewise? The danger, therefore, is not just the immediate threat of dairy farmers going bust, but the threat to the viability of UK-based dairy farmers in the long term.

At this stage, I praise the work, research and general lobbying provided to farmers by the NFU. I agree with the NFU’s dairy board chairman, Mr Raymond, who said only last week that dairy farmers require

“equitable and trusting relationships with their milk buyers and this can only be achieved by putting in place fair and transparent milk supply contracts.”

The recently agreed code certainly seems to address the problem of trust, with the document set to include a range of positive measures. However, I believe that dairy farmers are entitled to be cautious as well as optimistic. As with all such codes and agreements, words on paper must be translated into practical action. I put it to the Minister that the Government must ensure that the situation is kept under constant review, with an understanding that further work and perhaps even legislation might be required—and that is not something that I would often say.

Finally, I want to focus on the Groceries Code Adjudicator Bill. Like many other hon. Members, I have been calling for some form of supermarket ombudsman since my election to the House. I know that supermarkets play an important role in local economies and communities throughout the country. However, in such a competitive market, squeezing prices in the back office to the detriment of standards and of producers, such as dairy farmers, is a constant risk, requiring some manner of independent monitoring. Like many, I look forward to the Bill’s Second Reading. I believe that a strong groceries code adjudicator—I emphasise the word “strong” because it must have teeth—will build on the new code to offer dairy farmers a bit of light at the end of what has been a very long and pretty dark tunnel.

Illegally Tethered Horses

Julian Sturdy Excerpts

Tuesday 10th July 2012 Westminster Hall

[Julian Sturdy (York Outer) (Con)]

It is a pleasure to serve under your chairmanship today, Mr Robertson. I am delighted to have secured a debate this afternoon on an issue of great concern to many of my constituents. The problem of illegally tethered horses, however, is not restricted to York or the wider Yorkshire region but is found throughout the country, predominantly although not exclusively in rural areas.

To some, the problem of illegally tethered horses might seem mundane, but try telling that to the farmer whose crops are being destroyed, to the innocent car driver whose life is endangered by an escaped horse or to the property owner whose land is taken over by tethered horses. At the core of the issue is a simple but profound point of principle: that no one should be above the law. Nor should people have their lives negatively affected by those who have little regard for such laws.

Unfortunately, the illegal tethering of horses is seen as an acceptable and traditional activity among much of the Traveller community. In the vast majority of cases, illegally tethered horses belong to Traveller families or communities who seem to have little respect for the safety or property of others when tethering their animals wherever they like. As the Member of Parliament for York Outer, I have witnessed an increased build-up of horses on the verges of dangerous roads, and I am sure that other Members present have their own examples, which they might bring to bear.

To touch on some examples from my constituency, back in 2009 a local resident in York was driving along the A64 when an illegally tethered horse broke free and collided with her car. The resident suffered a broken wrist and could not work for nine weeks. The horse, sadly, suffered fatal injuries in the accident. York’s The Press, my local paper, quoted the resident involved:

“Had my partner…and I not been in a 4x4 hire car, we would have died instantly...I was off work for nine weeks but the psychological effects lasted much longer and also, what pain must that horse have been in?...They should be removed”.

The wider context of animal welfare is also involved.

Another case highlights the real risk to life faced by innocent bystanders when horses escape from their illegally tethered locations. On 29 March this year, a 39-year-old man was driving on the A166 near York when a horse strayed on to the road and collided with his transit van. Again, the police suggested that, had the gentleman been driving a small car, he would have been killed. To give an idea of the frequency of such incidents, only one day earlier another collision took place, this time on Malton road. Injuries were incurred by the innocent motorist and, once again, the horse suffered fatal injuries. Today I was told that only this weekend, on Sunday, the police were called out to deal with loose horses on Fulford road.

While the case studies of horses tethered on the roadside might involve the most life-threatening incidents, it would be a mistake, as I mentioned, to limit today’s debate to horses on the roadside. Another local case from my postbag highlights the vast damage that illegally tethered horses can cause for farmers. My constituent Mr David Shaw owns land in Osbaldwick, within sight of a Traveller site there. Mr Shaw’s land has been taken over by illegally tethered horses, which have caused a great deal of damage to fences, crops and the land itself.

Likewise, another constituent, who wishes to remain anonymous, frequently encounters horses tethered on local private property, again causing damage and problems. To quote from a recent e-mail to me:

“We live on the outskirts of York and have encountered persistent problems with tethered horses for over 15 years”.

[Ian Swales (Redcar) (LD)]

I congratulate my hon. Friend on securing this debate on an important issue. May I make him aware that this is not only a problem in rural areas? In the north-east, more and more horses are being tethered on our green spaces in urban areas. In many cases, the horses, too, are illegal. Only a couple of weeks ago, I attended a horse-chipping event organised by the British Horse Society, which was at least trying to bring such horses into legal ownership while still illegally tethered.

[Julian Sturdy]

I entirely agree with my hon. Friend and, as I said at the beginning, although the problem might seem to be suffered predominantly by rural areas, they are not alone, because I know for certain that urban areas throughout the country suffer as well. He is absolutely right about the chipping of horses, which I will go on to discuss, because I want to direct a few questions at the Minister.

[Mrs Madeleine Moon (Bridgend) (Lab)]

The hon. Gentleman has talked a lot about illegally tethered horses. Will he also discuss the problem of fly-grazing? In my constituency, and stretching the length of south Wales, we have had tremendous problems with vans appearing, often late at night, and being opened to dump horses in a farmer’s field. The horses are left there, sometimes for days, with many needing medical attention. The local authorities incur huge costs for vets’ bills, passporting and, ultimately, removing and selling the horses, and any sale does not bring in the money spent by the local authority on removing and looking after them.

[Julian Sturdy]

The hon. Lady is absolutely right about fly-grazing. The problem in my patch is more to do with tethered horses, although I know of local farmers who have suffered from fly-grazing. Overnight, on crops of cereals, horses can suddenly appear and be there for a number of days; it is difficult for the farmers to round up the horses or disperse them. In my constituency, the problem tends to be on areas that are not properly fenced, but I know of other farmers in other areas who have had their fences cut in the middle of night and horses let in, so that the crops are grazed and irreparably damaged beyond the cost of replacing them. She is also right to mention animal welfare, because a lot of the animals that appear on fly-grazing sites suffer from welfare issues, which need to be picked up properly; but that cost does sometimes fall on the local authority.

[Mrs Moon]

The responsibility for the horse, once it is illegally placed on someone’s land, rests with the landowner unless the local authority helps and supports some of the cost. That financial cost—not to the perpetrator but to the poor victim—is an issue that really needs to be addressed.

--- Later in debate ---

[Julian Sturdy]

I entirely agree with the hon. Lady, who makes a valid point. As I develop the argument, I will proceed to the problem of the landowners bearing the brunt of the cost.

To return to the example of the farmer in my constituency who suffered irreparable damage to hedges and crops, his e-mail continued: “Two elderly farmers” have been intimidated

“by the owners of the tethered horses. These farmers live in fear of those people responsible for the horses and feel they cannot approach them.”

I hope that all Members agree that, whether the illegal tethering of horses is on the roadside, the village green or someone’s private land, it not only causes practical problems and disturbances for local residents but also represents a complete and utter lack of respect for the law and the wider community. Frankly, how some people have the nerve to take over someone else’s land without permission is beyond me. On a simple point of principle, that is fundamentally wrong.

Thus far, of course, I have frequently referred to the law, which it might be helpful to clarify for the purposes of this afternoon’s debate. The law on illegally tethered horses is currently contained in the Animals Act 197l, which gives power to landowners to detain stray livestock, including horses, and to recover expenses incurred when doing so. Similarly, on the specific concern about horses tethered on roadside verges, I am grateful to the Department for Transport for confirming that under section 155—

“Penalties in connection with straying animals”—

the Highways Act 1980 states:

“If any horses, cattle, sheep, goats or swine are at any time found straying or lying on or at the side of a highway their keeper is guilty of an offence”

unless it is

“part of a highway passing over any common, waste or unenclosed ground.”

My reason for outlining the relevant legislation so clearly is to highlight that reasonably clear and robust national legislation exists. In essence, the law is easy to understand. It states unequivocally that the tethering of horses on the highway or private property is a crime, and therefore punishable. The question that lingers is why so little action is taken when such offences are committed. The law exists, but sadly the will to enforce it is lacking. That is particularly the case with the Horse Passport Regulations 2009, which make it an offence for horse owners not to apply for a passport within six months of an animal’s birth.

In response to a written question in November 2011, the Department for Environment, Food and Rural Affairs confirmed that a mere six owners had faced prosecution as a result of not complying with that law. Yet, unsurprisingly, many of the horses involved in collisions with cars seem to be unregistered with DEFRA, thus making it all the more difficult to trace and track their owners. I would be grateful if the Minister outlined how his Department seeks to ensure full compliance with the law, and whether there is a specific plan to deal with horses owned by the Traveller communities to ensure that they are registered under the passport scheme, to which my hon. Friend the Member for Redcar (Ian Swales) also referred.

I return to the problem of enforcement. In response to my parliamentary representations on the matter, the Under-Secretary of State for Transport, the hon. Member for Lewes (Norman Baker), made it clear in a letter that enforcement responsibility lies with local authorities, and stated:

“The local authority could, therefore, detain stray horses found on any local authority owned land”.

On private land, initial responsibility lies with the landowner to request that straying animals be removed, and if that approach fails, the police can be called. However, as we all know and as has been mentioned, the time and cost of the court battles and legal action that often follow falls on the landowner. Nevertheless, it is clear that enforcement responsibility lies with the local agencies of the police and the council.

Having clarified who is responsible, I must raise the issue of my own local authority, City of York council. The council has clearly failed to act decisively on tethered horses. I have long called for the council simply to confiscate any illegally tethered horses and to return them only when the owners have accepted responsibility, faced a fine, and registered the horse in accordance with law. The fines levied would cover the cost of looking after the animals, and the action could be carried out in conjunction with the RSPCA.

To my mind, that is a pretty fair-sounding and simple plan of action. If someone illegally parked their car, the same action would be taken. Yet, a response sent to me by City of York council in June informed me:

“The Council does not have the facilities to remove or stable horses and is therefore not able to remove horses from private land. However, the support workers who visit the”

Travellers’

“site each week continue to work to educate travellers about…caring for their horses. This includes working closely with travellers to try and prevent horses being grazed inappropriately on private land or in places where they can stray onto the road.”

[Ian Swales]

My hon. Friend is touching on an important point about impounding facilities, and he mentioned cars. Local authorities usually have well-organised dog pounds. Does he believe that local authorities should be required to have facilities, or to buy facilities to be used to impound horses?

[Julian Sturdy]

I thank my hon. Friend for his intervention, and I agree with him. That must be the way forward if we are to solve the problem logically and fairly for everyone, and at the same time keep the welfare of the animals in mind. I would like local authorities to look at the matter.

[Mrs Moon]

The hon. Gentleman may find it interesting to know that throughout the length of south Wales we have found that it pays the Traveller community to abandon their horses. When they have done so, the local authority takes the horses into care and pays for veterinary bills and passporting, and then tries to sell them because no owner can be found. The horses may be sold for £200, but the veterinary bills and impounding may have cost £15,000. The matter is much more complicated than simply impounding a horse for the owner to recover. The owner waits until a horse is sold, and then buys it back really cheaply.

[Julian Sturdy]

I thank the hon. Lady for her intervention. I understand that there are complex arguments in the process, as I will explain. The problem also varies in different regions. In and around York and Yorkshire, the tethered horses seem to be valuable assets to the Traveller community. Whenever bailiffs have been used—there is a bailiff company operating around the country that gives 24-hour notice on a certain site where horses have been illegally put—they remove the horses and store them on a site at a cost to the private landowner, and almost always the fines have been paid and the horses have been returned because the Traveller community see those horses as a valuable asset and want them back. The situation may be different in other areas, and it will depend on different communities, so I understand that the position will vary from region to region.

[Nigel Adams (Selby and Ainsty) (Con)]

Will my hon. Friend expand on where the market is for those horses? I am at a loss to know what they are used for. They do not look like horses that can be ridden. Does he have any evidence for what happens to them, where the trade is in them, and what the market is for them? That information would be useful.

[John Robertson (in the Chair)]

Before the hon. Member for York Outer (Julian Sturdy) resumes his speech, I advise him that he needs to give the Minister time to answer his questions.

[Julian Sturdy]

Thank you, Mr Robertson. I will take no more interventions.

If I am brutally honest, I do not know the answer to my hon. Friend’s questions. He made a good point, and we should investigate it. Again, the answer will vary from region to region, but it is a valid point that needs investigating.

Let me make it clear that I have nothing but the utmost respect for minority and diverse groups and nationalities in our country. Such diversity is what makes this country so great. I would never seek to diminish or insult the traditions of Travellers or their way of life. However, it is outrageous for any section of a society, regardless of the sensitivities involved, regularly to disobey and breach the general law.

As I have outlined in the case studies mentioned earlier, such callous disregard is not only unfair but dangerous. City of York council is simply not willing to enforce the current law in relation to illegally tethered horses. As I said a moment ago, it is merely willing to try to prevent such instances. I am afraid that this is another sorry example of the silent, law-abiding majority being ignored and disregarded while we pander to those who take advantage of politically correct nonsense.

Interestingly, in response to inquiries by a local councillor, Mark Walters, a City of York council solicitor admitted that lack of council action on the matter could lead to the authority being liable both for negligence and for a breach of statutory duty. Therefore, I have a number of questions for the Minister, which I hope he will be able to respond to. First, will he join me in demanding that local authorities apply the laws and rules of this land fairly and equally to all parts of society? Secondly, does he agree with my proposal that, wherever possible, illegally tethered horses should be confiscated by local agencies and returned only after action has been taken against the irresponsible owners?

Thirdly, will the Minister outline the work undertaken by DEFRA to monitor the issue of illegally tethered horses, and say how the Department is working with local authorities to tackle the matter effectively? Finally, does he have any words of encouragement for those farmers and landowners whose lives are being affected by long, drawn-out battles to evict Travellers’ horses, or indeed communities that may have set up illegal activities on their land?

In conclusion, the issue of illegally tethered horses affects a great number of people in a great number of ways. In every case, however, an innocent, law-abiding person is either endangered or taken advantage of. This issue is a cause of deep anger and frustration for many individuals up and down the country who want to see robust action taken. I hope that the Government will encourage such robust action, and that the law in this area will be implemented—as it should be—fairly and universally.