Ash Dieback Disease

Lord Benyon Excerpts

Monday 12th November 2012 Commons Chamber

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

Despite some of the remarks that have been made, this has been an interesting debate with some good contributions from Members on both sides of the House. The ash is one of the best-loved species of tree in this country—it is one of my favourites. It is fundamental to our landscape, our ecology and our ecosystems. It is not just an important economic and environmental issue; it is deeply emotive, too. The House should remember that we are at our best when we join together to face a national crisis of this kind, and at our worst when we seek to trivialise and to make cheap party political points.

The Opposition could have handled the debate differently. Sadly, they have cheapened the subject through the wording of the motion, which they know cannot be supported. They could have been bigger than that, treating the matter as a serious one that concerns people outside this building: not just rural communities but urban communities that are worried about the loss of a much-loved tree. It is a great shame they did not do that.

Let me address one point made by the hon. Member for Glasgow South (Mr Harris). My right hon. Friend the Secretary of State updated the Environment, Food and Rural Affairs Committee on this issue on 6 November. He met the right hon. Member for Leeds Central (Hilary Benn) to discuss ash dieback, also on 6 November, and the hon. Member for Wakefield (Mary Creagh) on 7 November. He issued a science factsheet, sent to all Members, on 7 November and published a written ministerial statement on 9 November. I am beginning to wonder what more he could have done to keep hon. Members informed.

For those of us old enough to remember Dutch elm disease in the 1970s, which was mentioned by many hon. Members, the prospect of our ash trees suffering the same fate is deeply depressing. Although the scientists tell us that we will not be able to eradicate Chalara, they have also given us hope. By acting now and learning from experiences in Europe, we might be able to slow its spread and find resistant strains. To do that, we need the resolve to work together. We should not waste energy blaming each other. Above all, mobilising all those whose care for these trees in both town and countryside can assist Government to find a way forward.

Government cannot do this alone. Industry must be involved, and land managers, environmental groups and the public can all play their part. We know that there is a real will out there to do that. We will play our part, too. We are investing in world-class research and surveillance and improving our ability to diagnose the disease quickly. We are putting tools and advice in the hands of those who live and work among the nation’s woodlands.

I particularly pay tribute to my right hon. Friend the Member for Meriden (Mrs Spelman), who pointed out that, long before Chalara hit the headlines, the Government recognised the increasing threat to the health of our trees. In October 2011, we launched the tree health and plant biosecurity action plan, which sets out a UK-wide integrated approach to dealing with serious tree pests and pathogens. The plan included a commitment for £7 million of new funding for tree health research, which was increased to £8 million earlier this year and is available until 2015-16. That has unlocked a further £4 million from research councils in support of long-term support initiatives, led by Living With Environmental Change. We have grasped the very good points made by my hon. Friend the Member for Richmond Park (Zac Goldsmith) and the hon. Member for Brighton, Pavilion (Caroline Lucas), who, along with other colleagues, addressed important points about the potential threat from other diseases and how we must work to see what is coming and to be better prepared for such diseases.

Let me comment on one point made by the hon. Member for Ellesmere Port and Neston (Andrew Miller). We convened Cobra because this is an important issue, both for the rural economy and for the environment. It is important that we draw together a range of different stakeholders and players, particularly from local government, as has been made clear. We should not quibble about why we are doing that; it is a serious matter and it is important to see the involvement of government across the piece.

Other Members raised important questions about other tree diseases, such as Asian longhorn beetle, Phytophthora ramorum, oak processionary moth and sudden oak death syndrome. Those are all serious. I agree with hon. Members who have raised points about the need to promote home-grown industries for saplings and plant propagation. We must take that forward in the work we do.

I do not hold with those who believe that there is some dark conspiracy. I can honestly say that the scientists I have met to discuss the issue are not the sort of people to be pushed around by politicians to make points that would assist them. They give us advice and we take it; we have had some very good advice on this important issue.

I pay tribute to my hon. Friend the Member for Mid Norfolk (George Freeman), who stated accurately that such outbreaks should be a wake-up call to us all. He gave a responsible message from one of the areas most affected by the disease and talked about the importance of a science of resistance, promoting a centre of excellence in this country that can take forward work in UK plant sciences. There is a good economic reason for doing that. I have just returned from New Zealand and completely concur with the many points made about countries such as Australia, New Zealand and the United States. DEFRA has made big steps forward in trying to get that message across and my right hon. Friend the Member for Meriden mentioned the warnings that are now given on aeroplanes about the importance of biosecurity. We can do much more not just in the United Kingdom but in Europe.

I take the point that the hon. Member for Brighton, Pavilion made about the grant schemes. We will consider that. When we get resistant species, some work could be done to encourage people to plant them as part of their grant schemes.

The key message that the House needs to recognise is that the Government acted straight away to deal with Chalara fraxinea as soon as it was identified in England. We will focus our efforts on reducing the rate of the spread of the disease. We will continue to trace recently planted saplings and nursery stock and will destroy infected trees, as we have been doing through the summer. We are getting the public to help to identify diseased trees through raising awareness. We are looking for genetic strains that are resistant to the disease and getting land managers to look for healthy trees in affected areas.

We have taken swift action to identify where the trees were being sent to and arranged for infected trees to be destroyed. We have worked with the industry to deal with infected plants and encouraged best practice in sourcing plants. We have been the first to produce pest-risk analysis on the issue, ensuring that our approach is technically and scientifically robust. We have provided all relevant groups with an opportunity to contribute to how things are being handled through a consultation process.

We are now doing all we can to protect our native ash trees. A ban on imports is now in place, well before the start of the planting season. We are taking the threat to ash trees extremely seriously. Work is being done to control the spread of the disease; we have undertaken an unprecedented, rapid and intensive survey of Britain’s established woodlands; and much more action is being taken besides. However, although there has been a lot of urgent action to get a grip on the problem, more can be done.

There is a long-term commitment to tackling this disease, and it has made us take a long, hard look at the way we respond to plant health risks more widely. Other threats, as hon. Members have said, are on the horizon. As the Secretary of State announced on Friday, we are reviewing the current arrangements and are prepared to introduce radical reforms if necessary.

Key work is being done by Professor Ian Boyd’s tree health and plant biosecurity taskforce, which is made up of an eminent group of scientists. Its interim report will be available at the end of the month. The Secretary of State has given a commitment to update the House on proposals for controlling Chalara.

The motion is nothing but a cheap party political game when we are dealing with a problem. I urge the House to reject it.

Question put.

Convention on Biological Diversity (Hyderabad Conference)

Lord Benyon Excerpts

Friday 26th October 2012 Written Statements

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

I am pleased to announce to the House that on behalf of the United Kingdom I have negotiated an agreement at the conference of parties to the convention on biological diversity which will ensure that the progress made since the last meeting in Nagoya in 2010 towards halting biodiversity decline will be maintained. The outcome of the negotiations is a step in the right direction for the protection of our precious ecosystems which form the basis for human life and economic activity.

The key aspect of the negotiations was an agreement on a resource mobilisation strategy which will double total biodiversity-related international resource flows to developing countries, from all sources, both public and private taken together, by 2015, and to maintain this level at least until 2020. This includes financial, technical and human recourses from both public and private sources and highlights the need for all partners, both public and private, to work together towards protecting our vital biodiversity.

All parties have also agreed that improving the availability and accuracy of data to capture the full range of biodiversity-related funding is a high priority. The agreement establishes a new process to make more transparent the resources being committed domestically by developing countries; and makes it clear that any increase in international flows will be dependent on developing countries giving increased priority to biodiversity in their development plans.

Biodiversity will continue to be an important consideration for UK aid. Spending on biodiversity is demand-driven, and countries have committed to prioritise biodiversity in their national development plans and programmes. We remain on track to deliver our commitment of 0.7% of our gross national income by 2013 to be spent on official development assistance and any spending in consequence of Hyderabad will be met within our existing commitment.

This agreement on resource mobilisation could only be acceptable to the United Kingdom with a reaffirmation by all parties of the commitments made in Nagoya in 2010. We have agreed an indicator framework for assessing progress towards the 20 “Aichi targets” which is integral to halting global biodiversity loss. Globally and nationally we must now focus on the implementation of the strategic plan for biodiversity 2011-2020 and the achievement of the 20 “Aichi targets”.

On access and benefits sharing, one of the key agreements in Nagoya two years ago, we now have a road map for delivery towards the first meeting of the parties to the Nagoya protocol. Furthermore, we made some real progress on applying biodiversity safeguards for reducing emissions from deforestation and forest degradation, without cutting across the climate change convention, thereby achieving key UK objectives. There were also acceptable decisions about collaboration between biodiversity and climate change institutions on ecosystem-based approaches to adaptation and on geo-engineering.

We have also made good progress on marine issues. Ecologically and biologically significant areas will be stored in a repository for reference and examination by other authorities. This will help us and other countries to take the ecological and biological sensitivities of these areas into account when forming policy on these precious marine areas. This is a real and positive statement from the conference and for the protection of marine biodiversity.

I was particularly pleased to take the opportunity to promote British trade links with India and the Andhra Pradesh region. Seeing the efforts of Marks and Spencer, which has been working with an NGO, WWF, to protect the environment while increasing the incomes of thousands of Indian farmers was a good demonstration of the difference ethically minded British companies can make. The ethos displayed by the farmers underlined again that sustainability and good environmental practice will lead to development and improved livelihoods. My visit to the pharmaceutical company Dr Reddy which displayed an ethical and sustainable business practice was also inspiring. Its investment into the United Kingdom is a showcase of how our first-rate education system continues to attract international focus and an excellent example of developed and developing country collaboration for the benefit of all.

Here in the UK we are satisfied that our national plans for biodiversity can be successfully implemented within the framework of this agreement. We can feel reassured that we are on the right track and leading the way on the protection of our biodiversity and proud of the continuing role the UK plays internationally on biodiversity.

Oral Answers to Questions

Lord Benyon Excerpts

Thursday 25th October 2012 Commons Chamber

[Hugh Bayley (York Central) (Lab)]

15. How much his Department spent on flood alleviation schemes between (a) 2008 and 2009 and (b) 2010 and 2012 to date.

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

There are times when legal requirements to protect the environment could make it more difficult or expensive to protect people’s homes, such as properties at the top of eroding cliffs that are protected for their natural character. However, such cases are rare. If there is a conflict between meeting a requirement to protect the environment and protecting people, there are clauses that allow things to go ahead for imperative reasons of overriding public interest if there are no other solutions.

[Mr Gibb]

I do not know how well my hon. Friend knows the West Sussex coast, and the Pagham coast in particular, but over the past few years, a build-up of shingle and sand, known as a spit, has developed at the mouth of the Pagham harbour nature reserve. That spit is causing scouring of the beach through the action of the waves and the seawater trying to escape, and that is eroding the beach by up to several metres a year and beginning to put people’s homes at risk. One solution would be to carve a channel through the spit, but both the Environment Agency and Natural England are resisting that approach. Will the Minister come to Pagham so that I can show him at first hand the problem we are facing?

[Richard Benyon]

I had a premonition that Pagham might be mentioned, and therefore yesterday at some length I consulted Natural England and the Environment Agency. They assured me that there are no environmental reasons why solutions cannot be found on that part of the coast; I know that the coastline is extremely dynamic in that part of the country. I am keen to assist my hon. Friend, and I would gladly make such a visit if that would ensure that local people’s fears were allayed, and so that nothing done by any Government agency will be taken as a measure that puts people’s homes more at risk.

[Hugh Bayley]

When places face flooding, it is important not to ignore the human cost. Fortunately, the floods in York a month ago were not as bad as 12 years ago, but I have once again visited constituents who were hacking plaster off the walls in their homes. They will be out of their homes for months to come and must pay for very expensive renovations. One café owner had to throw out tonnes of food. Can the Environment Agency take responsibility for providing advice to local authorities and for getting the insurance companies to move quickly?

[Richard Benyon]

I am well aware of the hon. Gentleman’s concerns. The residents of Water End in his constituency have waited long for a scheme, and it is due to start in the new year. I have huge sympathy for everybody who was flooded throughout the summer. I can assure him that the Environment Agency and any other Government body will take what steps they can to make life easier, including by providing advice to residents through the local authority or directly.

[Chris White (Warwick and Leamington) (Con)]

4. What recent steps his Department has taken to promote farmers markets.

--- Later in debate ---

[Gavin Williamson (South Staffordshire) (Con)]

7. What steps he is taking to support rural businesses in Staffordshire.

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

A £165 million package of measures to support rural economic growth is being rolled out across England. Of that, £100 million of rural development funding is targeted at improving rural businesses, with 38 projects in Staffordshire already receiving funding under the farming and forestry improvement scheme and seven projects being actively considered for rural economy grants. Staffordshire and Stoke-on-Trent local broadband plan has also been allocated £7.44 million from the Government’s £530 million rural broadband programme.

[Gavin Williamson]

Halfpenny Green vineyard in my constituency has over the past 30 years been producing some of the finest quality English wines. It has become an important local employer and is a perfect example of the importance of farm diversification. Indeed, Mr Speaker, the wine is so good that I am sure I would even be able to provide you with a bottle—if I was able to get called earlier in statements. [Interruption.] Maybe even two bottles. Can my right hon. Friend explain what steps he is taking to encourage rural diversification for farmers?

[Mr Speaker]

The hon. Gentleman may wish to develop his thoughts at greater length in an Adjournment debate.

[Richard Benyon]

I am only mildly piqued that I have not been offered a bribe. I can assure my hon. Friend that this Government are serious about offering encouragement. For years, Ministers have been telling the farming community that it has to diversify its business, but then, in other directions, they have been putting up barriers to that. We are doing that work with highly focused grants, such as the ones I have described. We are also providing broadband, which is a key deliverer, and support across a range of other measures to ensure that businesses precisely such as the one that my hon. Friend describes can function and are economically effective.

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

8. What research his Department is conducting on the means by which honey bees are exposed to agricultural pesticides.

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

The Department for Environment, Food and Rural Affairs fully appreciates the importance of honey bees and other pollinators. We need to understand the possible threats in order to tackle them. To that end, we continue to fund a number of research projects on the potential impacts of pesticides. That will enable us to develop the way in which such risks are assessed and regulated. In addition, DEFRA contributes to the insect pollinators initiative, which supports research into the main threats to insect pollinators.

[Stephen Phillips]

My hon. Friend will know that research at Stirling university has recently found that exposure to even low levels of neonicotinoid pesticides can have a serious impact on the health of bumble bees. Given the importance of bees, both to our farmers and to all those who are interested in pollinating crops, does the Minister agree that his Department needs to look again at the use of these pesticides?

[Richard Benyon]

Yes I do, and we are. The Health and Safety Executive’s chemical regulation directorate, along with the Advisory Committee on Pesticides and the European Food Safety Authority, have looked in detail at Stirling university’s research. They believe that it is interesting and adds to the debate, but that on balance the risks do not require a ban of neonicotinoids. However, in DEFRA we have commissioned further research, through the Food and Environment Research Agency, using expertise from Stirling university, which provided the original piece of research, because we want to make absolutely sure that we are getting this right.

[Dr Alan Whitehead (Southampton, Test) (Lab)]

The Minister will be aware that the Environmental Audit Committee is undertaking an inquiry into hive collapse, bees and pesticides. Will he undertake to ensure that his Department supports the inquiry to the best possible extent and also responds at the earliest possible date to its outcome?

[Richard Benyon]

I hope that in the reply I gave to my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips) I showed the seriousness with which we are looking at this issue. We know that pollinators benefit our economy by around £450 million a year. That is a service that nature provides. We want to make absolutely sure that we are protecting that, and we will work with any organisation that is doing research of that kind.

[Graeme Morrice (Livingston) (Lab)]

9. What recent assessment he has made of the potential risks of a badger cull.

--- Later in debate ---

[Alun Cairns (Vale of Glamorgan) (Con)]

T2. I was encouraged by the Secretary of State’s earlier comments on fixed line broadband, improving accessibility, reducing red tape and speeding up the planning process. Will he reassure me that that action extends to mobile communications in rural areas, as we need to extend the mast size and reduce red tape in this sector, too?

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

My right hon. Friend the Secretary of State is dealing with this matter at Cabinet level. This is vital to the roll-out of the broadband scheme. We have already made a decision to relax planning for a five-year period to make sure that nothing can get in the way of the roll-out of broadband 2 for the most remote rural communities.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

T6. In response to the recent statement on the badger cull in the House of Lords, the noble Lord Krebs urged Ministers to gather together scientific experts and rethink the Government’s strategy altogether. Why does the Secretary of State not do just that?

--- Later in debate ---

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

T7. We were told that the Government would help local authorities with the costs of the floods. Now we have been told that those in Newcastle do not count, and that the city council will have to find £10 million from a budget that is being halved by the Government. Why is it that in Newcastle we have the wrong sort of water?

[Richard Benyon]

An improved scheme called the Bellwin scheme kicks in when spending related to flood damage hits a certain threshold, enabling local authorities to apply to the Government for extra funds. If the hon. Lady wishes to raise specific concerns with me, I shall be happy to consider them, but the Bellwin scheme has been accepted for many years.

[Graham Evans (Weaver Vale) (Con)]

T4. What assessment has my hon. Friend made of the impact of onshore wind farms on local environments such as Frodsham Marsh in my constituency? Plans for a wind turbine farm there have just been confirmed.

[Richard Benyon]

Along with the Department for Energy and Climate Change, we are conducting a review of policies relating to onshore wind. I hope that my hon. Friend will contribute his concerns and those of his local community to that review, because we want to ensure that local communities work with the Government and do not feel put upon by them when it comes to renewable energy systems.

[Jack Dromey (Birmingham, Erdington) (Lab)]

T8. In 2009, the Minister said :“any weakening of the Agricultural Wages Board or its abolition would further impoverish the rural working class, exacerbating social deprivation and the undesirable indicators associated with social exclusion”.What has changed, and how would he explain that change to the 1,020 workers who were previously protected by the board in his constituency?

--- Later in debate ---

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

T10. Although Thurrock is an urban constituency on the edge of London, a large proportion of it is rural and lacks decent broadband provision. In light of the Minister’s previous answer, can he confirm that villages such as Bulphan, Orsett and Horndon-on-the-Hill will be in line for improved broadband provision?

[Richard Benyon]

My hon. Friend might like to encourage those villages to apply for the third round of the rural community broadband fund. That will be running from January, so there is time for his communities to get their bids in. He makes a good point: instead of talking only about the most remote communities, we must remember that there are rural communities close to urban areas that have appalling broadband, too.

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

Towards the end of last week I met a constituent whose new insurance premium has gone up by some 8%. She lives in an area that has occasionally been flooded, and the massive increase plus the excessive excess means this lady will have to abandon her home. Does the Minister know how many businesses and residential properties are now being abandoned because people cannot afford flood insurance?

[Harriett Baldwin (West Worcestershire) (Con)]

Can the Minister confirm that the moneys available in the rural community broadband fund that come from the European Union will not be subject to European state aid rules?

[Richard Benyon]

We hope in the next few weeks to make an announcement about satisfactory conclusions in respect of negotiations with the European Commission. That will be a major step forward.

[Dame Joan Ruddock (Lewisham, Deptford) (Lab)]

The Secretary of State should have banned the import of ash seedlings the minute disease was found in nurseries in this country. He will not be forgiven for any delay by the people of this country, who so value the ash trees. Will he ensure that the Forestry Commission has all the resources it needs to be able to confront this terrible threat?

Wildlife: Circuses

Lord Benyon Excerpts

Monday 17th September 2012 Ministerial Corrections

[Mr Mike Hancock]

To ask the Secretary of State for Environment, Food and Rural Affairs how much her Department has spent on impact assessments, circus inspections and other research and investigations in support of her proposed licensing regime for wild animals in circuses.

[Official Report, 3 September 2012, Vol. 549, c. 129W.]

Letter of correction from Richard Benyon:

An error has been identified in the written answer given to the hon. Member for Portsmouth South (Mr Hancock) on 3 September 2012.

The full answer given was as follows:

[Richard Benyon]

DEFRA's budget from July 2012 to October 2012 for the team tasked with taking forward the implementation of licensing regulations, as well as developing the case for a ban on the use of performing wild animals in travelling circuses, is £261,000.

The correct answer should have been:

[Richard Benyon]

DEFRA's budget from July 2011 to October 2012 for the team tasked with taking forward the implementation of licensing regulations, as well as developing the case for a ban on the use of performing wild animals in travelling circuses, is £261,000.

Illegally Tethered Horses

Lord Benyon Excerpts

Tuesday 10th July 2012 Westminster Hall

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

I congratulate my hon. Friend the Member for York Outer (Julian Sturdy) on securing this debate, and on the enormous amount of work that he has done in understanding the problem and its impact locally. He is right to raise the issue with the House today.

The practice of dumping horses on another person’s land, whether public verge or a farmer’s private property, is abhorrent. If horses are dumped—or fly grazed, as the hon. Member for Bridgend (Mrs Moon) said—or tethered in a way that fails to account for their needs, significant animal welfare issues arise. In the most serious cases, the owner can be prosecuted under the Animal Welfare Act 2006, and if convicted can be fined up to £20,000 and sent to prison for up to six months. That, of course, presupposes that we find and identify the owner of the horse, and I will come on to talk about that problem in response to points raised by my hon. Friend.

The Royal Society for the Prevention of Cruelty to Animals reports that the number of horses in its care has doubled over the past 12 months—it currently looks after more than 600 horses. I congratulate the work of all animal and horse welfare organisations such as the RSPCA, World Horse Welfare and Redwings horse sanctuary. They often find themselves in the front line, picking up the tab and dealing with the issues that arise when a horse is dumped.

Horses are often dumped in places that are clearly visible to the public. Welfare organisations often receive numerous phone calls, and they then have to visit the horse, assess the situation, contact the owner—if that is possible—and explain the legal position. On the Redwings website I found detailed and helpful guidance about what a landowner needs to do if a horse is dumped on their land, which includes the requirement to notify the police at an early stage.

The public assume that charities can simply take the horse, but that is not the case. Unfortunately, in reality the owner of a horse often has a legal right to its return, particularly if there are no significant welfare issues. In some cases it is difficult to identify the horse and its owner, which delays a landowner’s ability to move the horse off their land. Biosecurity can be threatened—that is a major issue in the farming community—and farmers risk losing payments where stewardship land is involved. I understand, however, that Natural England will look carefully at the circumstances of each case that has a stewardship agreement, and I have yet to hear reports of where a flexible approach has not been taken under such circumstances. I am fully aware of the problems caused to farmers, and it is unacceptable that they often need to use their own money to clear up the mess left by others who, as has been said, sometimes threaten and intimidate them.

My hon. Friend asked what DEFRA, and others, are doing about this issue, but there is no simple solution to the problem. On the rare occasions when the owner of a dumped horse can be identified, a relatively simple way forward can be found. In the main, however, that is not the case, which in part has been caused by a reduction in the value of a particular type of horse.

As my hon. Friend said, powers contained in the Animals Act 1971 can be used by any landowner—including local authorities—if animals, including horses, are allowed to stray on to their land. That includes the power to detain straying livestock on private land, and it provides powers for individual landowners to take ownership of the animals. The Highways Act 1980 also allows action to be taken, including the recovery of costs when livestock stray on to the highway. Once again, however, we have the problem of how to recover costs from the owner of an animal if they cannot be identified.

I record again my gratitude for the work of welfare groups in this area. The RSPCA and Redwings work together in troublesome areas to raise management and welfare standards, and they have done extraordinary work. Work undertaken by the National Equine Welfare Council to co-ordinate such initiatives at national and local level has made significant achievements. The work done by the RSPCA with Travellers at the Appleby horse fair is another example of the progress being made.

[Ian Swales]

May I add the British Horse Society to the Minister’s list of organisations? It is doing fantastic work in north-east England on this issue.

[Richard Benyon]

Absolutely, and I was coming on to mention other organisations that are doing wonderful work. Rather than the Government creating a requirement on local authorities to have adequate stabling and consider matters of cost—we create many such requirements across the piece—problems of this nature tend to exist in particular localities. During my seven years in the House, I cannot recall receiving a letter on this issue from a single farmer or landowner. Quite a few Travelling communities live in or pass through my constituency, but there are other places—some represented by colleagues present in this debate—where this is a hot-spot issue. Under such circumstances, I wish to ensure that all Government agencies, including my Department but chiefly local authorities and organisations such as those I have listed, work together to focus on the issues involved.

[Nigel Adams]

Fly-grazing is a huge issue in my constituency, and I met one of the Minister’s colleagues to discuss it. It would be useful for the Minister’s Department to remind local authorities that they have obligations. One Traveller site in my constituency is controlled by the local authority. No animals are supposed to be on that site, but when it was visited a couple of weeks ago, horses were found tethered inside the camp. If local authorities have obligations, surely we should remind them to meet them.

[Richard Benyon]

I know that my hon. Friend speaks regularly with his local authority, and I suspect that it will have a Traveller liaison or welfare officer, or dedicated staff who should be conveying their concerns on issues of animal welfare to the people involved. I assure him that our Department takes animal welfare extremely seriously; we talk regularly with the Local Government Association and I will happily raise his point to ensure coherence across local authorities, and the development of best practice.

[Mrs Moon]

One point is that responsible owners will have their horses passported. We are talking mostly about irresponsible owners who do not passport their horses, and it is therefore difficult to track ownership. In the Republic of Ireland, there is a requirement not only to passport a horse but to say where it will be lodged, and that gives people the capacity to track it. We have several passporting schemes, none of which are connected, and therefore it is difficult to track those passports.

[Richard Benyon]

I understand the hon. Lady’s point, and I will take it back to my colleague, the Minister of State who has particular responsibility for these issues, to see whether we can amend the horse passporting regime in the way she suggests.

I welcome the work done by the National Farmers Union task and finish group to gauge the scale of the problem, ascertain the best remedies under existing law, and identify where amendments to the law would enable the problem to be dealt with more effectively. Many dumped horses, however, are traded by people who tend to operate outside the law, so finding effective remedies will not be easy.

I assure my hon. Friend the Member for York Outer that I will seek more information about initiatives from around the country, and consider whether there is a role for central Government to improve, facilitate and evaluate those schemes to ensure that we understand the benefits of best practice. The aim would be to enable councils and other landowners to take better control of the situation. I also assure my hon. Friend that DEFRA Ministers will, together with colleagues in the Department for Communities and Local Government and the Home Office, consider how we can secure a more joined-up approach to this matter across Whitehall.

International Whaling Commission

Lord Benyon Excerpts

Tuesday 10th July 2012 Written Statements

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

I am pleased to have attended part of this year’s meeting of the International Whaling Commission in Panama (IWC64) to demonstrate the UK’s commitment to the conservation work of the IWC and our fundamental support for the moratorium on commercial whaling.

The meeting delivered positive results for the conservation and welfare of whales which should not be overshadowed by the hugely unwelcome proposal by the Republic of Korea on its intention to commence so called “scientific whaling”. The UK Government are firmly against this proposal and will continue to state our opposition at every opportunity.

We maintained our strong line on a number of conservation issues, raising our concern about the critically endangered status of the western gray whale and welcoming the recommendation from the IWC Scientific Committee on ensuring appropriate monitoring and mitigation plans for oil and gas operations and work on entanglement, which pose the greatest threats to this critically endangered species. We also stated our support for a conservation management plan to protect southern right whales and welcomed further work on marine debris and ship strikes. The UK was also pleased to take on the role of vice chair of the IWC’s Conservation Committee.

We made significant progress in gaining consensus on our proposals for strengthening the IWC’s welfare agenda, a major step towards embedding welfare considerations across the work of the IWC. Among the recommendations was a proposal for a UK funded workshop on the euthanasia of stranded whales, with many IWC members expressing an interest in participating. Similarly, recommendations from a UK chaired intersessional group on strengthening IWC financing for whale conservation were adopted.

We are pleased that an EU resolution on the importance of reducing contaminants into the marine environment and the possible effects on human health was passed by consensus. The UK also supported the south Atlantic whale sanctuary, proposed by Brazil and others, which looked to promote the long-term conservation of large whales throughout their habitat. Unfortunately this proposal was defeated in a vote.

The UK supports aboriginal subsistence whaling where it is sustainable and there is a clear and identified “need”. We supported a request from the USA, Russia and St Vincent and the Grenadines for a roll-over of their existing quota for the next six-year period, receiving reassurances following our questions to St Vincent on the provision of data. However, Greenland’s request for an increase in quota was rejected by the IWC as many countries continued to have concerns over the level of commerciality associated with the Greenlandic hunt and whether the increase in quota was appropriate to meet their needs; as a result no quota was agreed for Greenland.

We were pleased by the agreement to increase participation of observers in IWC business, and the UK will also continue to engage in intersessional work seeking to improve governance processes, to ensure that the IWC can operate effectively and in line with international best practice. Finally, with the adoption of a proposal for the IWC to move to biennial meetings we believe it is important that any progress on the conservation of cetaceans is not hindered and will encourage countries to work intersessionally to protect the future of whale populations worldwide.

British Waterways Board

Lord Benyon Excerpts

Tuesday 19th June 2012 Written Statements

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

In advance of the forthcoming debate on the draft British Waterways Board (Transfer of Functions) Order 2012, I am placing in the Libraries of both Houses a copy of the draft British Waterways Board transfer scheme 2012 and a copy of the draft Waterways Infrastructure Trust.

If Parliament approves the transfer of functions order, it will, when made, transfer the statutory functions of the British Waterways Board in England and Wales to the Canal & River Trust. The transfer scheme will come into force in conjunction with that order and will be made under section 23 of the Public Bodies Act 2011. It will divide and transfer the property, rights and liabilities of the British Waterways Board between the Canal & River Trust, the Canal & River Trust Community Interest Company—Canal & River Trading CIC—and the British Waterways Board, as it continues to operate in Scotland.

As a default provision, except where provided for elsewhere in the transfer scheme, all property, rights and liabilities of the British Waterways Board will transfer to the Canal & River Trust. This is to ensure that the British Waterways Board, when operating solely in Scotland, is not unexpectedly burdened with liabilities. Schedules 1 to 3 list the division of property between the recipients.

The British Waterways Board, operating solely in Scotland, will receive all of the property, rights and liabilities relating to the activities of the British Waterways Board in Scotland as well as a portion of the British Waterways Board’s cross-border contracts. The division of assets between the Canal & River Trust and the British Waterways Board, when operating solely in Scotland, was agreed by the UK Government and the Scottish Government through a disaggregation process. The draft transfer scheme was also made available to the Scottish Parliament during its consideration of the transfer order. The Scottish Parliament gave its consent to the draft transfer order on 9 May 2012.

The transfer scheme will divide the commercial property assets between the Canal & River Trust (in England and Wales) and the British Waterways Board, operating solely in Scotland, and will provide for their respective transfer.

In England and Wales, the transfer scheme will transfer the heritage infrastructure to the Canal & River Trust to be held as permanent endowment in a specially created trust, the Waterways Infrastructure Trust. We intend to settle the Waterways Infrastructure Trust on the Canal & River Trust as sole trustee. I am also placing in the Library a copy of the draft trust settlement, which will be executed in due course as part of the overall transfer process.

The Canal & River Trust will be charged with safeguarding the infrastructure of the waterways on behalf of the nation. The canals, towpaths, locks and other parts of the waterways are to be looked after for the benefit of future generations and the Waterways Infrastructure Trust will ensure this happens.

The Waterways Infrastructure Trust ensures that all of infrastructure property (as defined in the trust) is held as a permanent functional endowment. This means that the Canal & River Trust will not be able to sell any part of the infrastructure property without gaining the Secretary of State’s and in some cases the Charity Commission’s prior consent. Before granting such consent, the Secretary of State will hold a public consultation.

The trust settlement also requires the Canal & River Trust to grant free pedestrian access to the towpath (except in certain very tightly defined circumstances and again with the prior consent of the Secretary of State, following public consultation).

Under the transfer scheme, certain assets will be moved directly to the Canal & River Trading Community Interest Company, a wholly owned subsidiary of the Canal & River Trust. The Community Interest Company will receive the property, rights and liabilities for its trading activities which, under charity law, have to be kept in a separate vehicle from the charity itself.

Fish Discards

Lord Benyon Excerpts

Thursday 14th June 2012 Commons Chamber

[Amber Rudd (Hastings and Rye) (Con)]

(Urgent Question): To ask the Secretary of State if she will make a statement about the decision on fish discards arrived at this week in the European Council meeting of Fisheries Ministers.

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

I am very grateful to my hon. Friend for asking this question, as it gives me the opportunity to run through some of what we achieved in the small hours of the morning in Luxembourg. On 12-13 June, I represented the UK at the Agriculture and Fisheries Council in Luxembourg to discuss the reform of the common fisheries policy. This was a critical negotiation where I was asked to give my agreement on key elements of this once-in-a-decade opportunity to reform the broken CFP, through agreement of a “General Approach” text. My aim has all along been to combine radical political ambition with a strong focus on the practical means to ensure early delivery. I am pleased to report to the House that we secured agreement to key planks of the reform we are seeking. This includes some key demands that I know the House has sought previously, and that remain hugely important to the British public.

We successfully made the case for measures to progressively eliminate discards, with deadlines that kick in quickly after the conclusion of the reform. The text provides for a landing obligation in pelagic fisheries from 2014, and a staged implementation in our other fisheries between 2015 and 2018. Although not all member states shared our ambition for urgent action, a commitment to implement a landing obligation, with a provisional timetable, is a major step in the right direction.

We also secured the inclusion of provisions setting out a genuine regionalised process to replace the centralised one-size-fits-all approach. The UK has led work with other member states over the last year to find solutions to that. The provisions allow us to work together regionally—for example with other North sea member states, to agree the measures appropriate to our fisheries. That is a crucial start in moving decision making closer to fisheries.

As for my other top priority, we secured a responsible approach to setting fishing levels. Overfishing has been a central failing of the CFP, and the UK was adamant that the text should include a clear legal commitment, and deadlines for that, to achieve maximum sustainable yield in line with our international commitments. Through the discussions in Council, the UK has played a leading role in developing solutions and building alliances with other member states to shape the text we agreed in the early hours of yesterday.

This is not the end of the process. The Council of Ministers has now given a clear steer but the dossier will be co-decided with the European Parliament, so we will continue to work with others to improve the legal provisions and we will also guard against any weakening of the approach. This is a major step towards real reform on a long and difficult road and I do not expect these negotiations to conclude until well into 2013.

[Amber Rudd]

I thank the Minister for that answer. This achievement on a discard ban is a welcome step forward. Fish discards are recognised universally as obscene and unacceptable and I want to press the Minister, if possible, on certain elements of the subject. What are his views on slippage in the timetable, on the plans for implementation and on the consequences of the agreement for our fishing communities?

What confidence does the Minister have in the timetable? It has already slipped from the original proposals, so will 2018 not be considered by some as the marine equivalent of the long grass? The industry is willing to move towards the ban, but what support will it get for the change in gears and working methods that will be needed to meet the requirements? Everyone can and will welcome the commitment, but what structure will be put in place to help delivery of the outcome while working within a quota system?

As the Minister will know, the problem of discards cannot be wished away without the means being provided. What are those means to be? Maximum sustainable yield is at least as important as the discards announcement and there is universal recognition that stock levels need to improve following years of overfishing. The statement says that maximum sustainable yield should be achieved “where possible” by 2015; what confidence does the Minister have in the phrase “where possible”? As the level of available scientific data is ever increasing, does the Minister agree that that adds weight to the target and, one would hope, momentum towards achieving it by 2015?

I particularly welcome the regionalised approach set out in the announcement. The previous one-size-fits-all approach of the common fisheries policy has failed. Mesh sizes in Hastings were decided in Brussels, which was absolutely absurd. Will the Minister tell us how he expects those welcome changes to impact on the everyday ability of the small fishing fleets up and down the country to carry on fishing? I know that he is acutely aware of the need for a fairer allocation of quota to support the smaller fishing communities. Can he tell us whether the proposed regionalisation addressed by the Fisheries Council will lead to a brighter future for the fishermen of Britain?

[Richard Benyon]

My hon. Friend is right to raise the question of the timings of any discard or land-all obligation. There is no doubt that the United Kingdom’s ambitions were greater than some of the dates in the proposal. They are only proposed dates, but I can assure her that they are considerably better than some of the dates being discussed in the wee small hours, which could definitely, and quite rightly, be construed as slippage or kicking the issue into the long grass.

Let us look closely at the dates. Unfortunately, the reform will not be in place until the end of 2013, but from 1 January 2014 there will be implementation of a discard ban on herring, mackerel and other pelagic stocks. The year 2015 will see the emergence of white fish land-all obligations, so we will be well ahead with many stocks in many fisheries ahead of the 2016 date, which was seen by many as the measure. However, some will not come in until 2018, as my hon. Friend says. Many of the fishermen in her constituency and elsewhere dislike the top-down management of fisheries for a variety of reasons, but often because of the controls that are imposed, such as catch composition measures and effort controls. A lot of those are incompatible with discards, so we have secured in the text a commitment to remove those where possible. I look forward to working through the detail of that.

On maximum sustainable yield, my hon. Friend is absolutely right. There is the international obligation to fish to MSY by 2015 where possible. The difference now is that we are proposing that what was a political statement should be a legal requirement. That is a major step forward. On the regionalised approach, it has to be said that when we were starting this reform process, the UK was a lone voice in calling for an end to the top-down management of fisheries. We now have allies and have got that into the text, which is a major achievement. Let us look at what this means for the small, inshore fleets. Like all fishermen, what they want most of all are more fish to catch. Fishing to MSY will mean that fish stocks will recover faster and better, so there will be more fish in the sea for such fleets to exploit. They will also see an end to the system that my hon. Friend described in which eliminator panels sit in a particular net and mesh sizes are decided perhaps hundreds or thousands of miles away from the seas in which those fishermen fish. This is a major step forward. There is much more work to be done and I assure her that it will not be through any lack of effort if we do not get precisely what we want in the text.

[Mr Tom Harris (Glasgow South) (Lab)]

May I begin by saying how disappointed I am that this important issue is being dealt with through an urgent question rather than a formal statement by the Government?

There are elements of this agreement that will be welcomed on this side of the House and throughout the country, chief among them being the agreement in principle on a ban on the shameful practice of discards. However, any deadlines that were discussed were vague and did not feature explicitly in the final agreement. Why was this? Can the Minister tell the House if Tuesday’s meeting ended with a comprehensive vote including all participating members? A commitment without a deadline is no commitment at all. Without a legally enforceable deadline, what assurances can the Government give that the practice of discards will indeed end in the time scale he envisages? The Minister told The Guardian on Monday that as he entered negotiations in Luxembourg, the Government had

“still not fully worked out its position”

regarding a deadline. That is an extraordinary approach to negotiations. Does the Minister really believe that to achieve the best outcome from negotiations we should announce in advance that we have no position—that we have not made mind up our mind about what we want?

On the regionalisation of fisheries policy, will the Minister explain what practical differences will be made to the common fisheries policy that will represent an improvement on the previous one? The big disappointment is the potentially devastating delay until 2020 of a commitment to reach sustainable levels of fishing stock, which will mean another eight years of guaranteed overfishing. Tragically, once again politics has trumped science. Does the Minister agree that a failure to rebuild fish stocks more quickly will damage the UK fishing industry, particularly inshore fleets at the low-impact, sustainable end of the industry?

Finally, what measures will the Government put in place to make sure that smaller inshore fishermen and their communities receive a fairer distribution of quotas? The House will give the Minister one cheer for his efforts this week, but the future of our fishing industry and the recovery of our fish stocks are too important to sacrifice to yet another Euro-fudge.

[Richard Benyon]

Let me start by formally welcoming the hon. Gentleman to his position. I look forward to working with him in the coming months on these important issues. He asked about the dates in terms of a discard ban. I should state quite clearly that when I was asked by The Guardian on Monday morning whether I would share the dates I was taking to the negotiations, I had very clear dates in my head, but we have a protocol—a courtesy—that we agree the UK line with all devolved Governments. I was very grateful to have the support of all the devolved Governments in Luxembourg. We had a very good spirit in the UK delegation room—we work well together. We agreed that UK line very clearly and we stuck to it.

The hon. Gentleman asked whether there was a vote in the plenary meeting of the Council of Ministers. At the end, the Danish presidency, which has been superb throughout—it is a great ally of the British programme, and has led very well—asked people to register any opposition to the proposal. One or two small countries did so, and one or two slightly large countries did so too. We should be under no illusion: there are people who do not want the policy to be reformed, and do not support the United Kingdom’s ambitions on discards, regionalisation and moving to sustainable fisheries. It is up to our colleagues from all parties in the European Parliament to make sure that a robust position is maintained and that the Council of Ministers continues to push on the deadlines that we have asked for.

The hon. Gentleman asked what the measure means for a regionalised approach. I am really pleased that the United Kingdom position has been adopted, and we pushed right through to the end to make sure that if a group of countries fishing in a sea basin decides on the details of measures that are currently decided in the Commission but which will in future be decided in those regionalised groups, the Commission can then implement that. In the original text, there was a clear indication that other measures could be imposed by the Commission in that process. We want to make sure that where countries agree, we have a truly regionalised position—a truly bottom-up system of managing our fisheries—and I think that will be welcomed.

The hon. Gentleman is wrong about our dates on maximum sustainable yield. We want to stick to our Johannesburg commitment, which was a political commitment, and make it a legal commitment so that we fish to MSY by 2015 where possible. He accepts that the science is not always clear, but we want to hold ourselves to account as much as possible. He asks about a fairer distribution among different sectors of the industry. He knows—if he does not, he should—that I have been working extremely hard on this. I want to make sure that we keep all those small ports and creeks that support the local fishing industry in business. There is a social dimension to the management of the industry. We have to maintain the diversity of the fleet, which is not easy, but it is a clear priority for the Government. I hope that he, like his predecessors, will continue to support that.

--- Later in debate ---

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

I congratulate my hon. Friend on what he has delivered and the progress that was made, particularly on regionalisation, which is music to the Environment, Food and Rural Affairs Committee’s ears. Will he update the House on the question of a register for UK fishermen so that we can tackle the problem of slipper skippers, which will also help with discards? Will he confirm that it will be fish caught against quota on which we will proceed, not just fish landed, as that is one of the main issues with discards? Will he confirm that there will be support for fishermen to invest in the selective gear that has been successful in Denmark and Sweden?

[Richard Benyon]

I am grateful to my hon. Friend for her support. It is a priority quickly to overcome the absurd position that we do not know who holds quota in this country. We want to work with devolved Governments to make sure that we have that register as quickly possible to ensure that we know and perhaps to slay some of the urban myths that football clubs and celebrities own quota. I have never managed to find out the facts about this.

The important point on discards is that we know how to make this work. We begin with a really good experience of working with the fishing industry. Catch quota schemes will result in 0.2% of discards of cod for vessels in those schemes. We want to incentivise fishermen not to catch fish that they would otherwise discard. We want to make sure, too, that where there is a land-all obligation there are supply chains that ensure that those fish are eaten or go into other systems. We should not just transfer a problem out at sea to landfill. The most important thing is that we have time and a clear direction to ensure that we can use all the work that we have done with the industry to make this effective and to stop the problem in a practical sense.

[Mr Frank Doran (Aberdeen North) (Lab)]

It is important to welcome the progress that has been made in the Fisheries Council and congratulate the Minister on the effort he has put in, but does he agree that the discards situation is complex, particularly in the mixed and white fisheries in the North sea—the situation is much easier to resolve in pelagic fisheries—and that we will not resolve the problem through European rules? We need practical regional measures, as has been shown in the Scottish prawn fisheries, where these practical approaches have managed to reduce discards by over 70%.

[Richard Benyon]

I entirely agree that there are fantastic practices in British waters that we want to see as part of the scheme and that it is not just a question of having a big-bang end to the practice. We want to use existing evidence and to work with the industry. I know that we can achieve that and look forward to working with the hon. Gentleman’s all-party parliamentary group on that.

[Tony Baldry (Banbury) (Con)]

As a former Fisheries Minister, I congratulate my hon. Friend on what he has achieved. People have been trying for decades to get the sorts of reforms he has achieved, and had it not been for his leadership and that of the UK Government we would not have got where we are. The issue of discards is of considerable interest to large numbers of my constituents, many of whom have written to me about it. It is quite a complex matter, so will my hon. Friend consider sending a “Dear colleague” letter about discards to all Members of the House so that we can forward it to our constituents?

[Richard Benyon]

I am very keen to involve all Members of the House. My hon. Friend, like me, represents a constituency that is almost as far from the sea as it is possible to be, but we get letters from constituents who are massively concerned about the marine environment. I want to ensure that we keep up the political momentum on this and so want to work with Members on both sides of the House to ensure that we keep up the pressure and are effective through all the institutions that are involved so that ultimately we get the result we need.

[Kelvin Hopkins (Luton North) (Lab)]

The Minister will recall that I have called a number of times for the abolition of the common fisheries policy and the restoration of historic fishing waters to member states. I still believe that that is the only final solution that will work, but in the short term we have inched forward. Will he explain how the system will be policed, whether there will be penalties, precisely what will happen to the excess catches and whether Britain will be monitoring, and indeed policing, rogue vessels from overseas that are fishing in British waters?

[Richard Benyon]

Britain has been policing illegal fishing, whether by UK or foreign vessels, and will continue to do so. I am pleased that we recently instigated a very heavy fine on an overseas vessel fishing in our waters. I can assure the hon. Gentleman that I want to ensure that fisheries are managed as close to member states as possible. There are some good words in the text that allow member states to take action when it is right for them to do so. Subsidiarity is supposed to underpin a lot of European legislation, and I ask him to look at the provisions we secured on regionalisation. Whether or not we had a CFP, we would still have to work with other countries because we are talking about an ecosystem, fish that swim in our waters and those of other countries, and the historical fishing rights that go way back beyond the European Union, so I think we have a good message and that it is something he can be pleased with.

[Andrew George (St Ives) (LD)]

I, too, congratulate my hon. Friend on the progress he has helped to secure in the negotiations. Does he agree that if the regional dimension of the common fisheries policy is to succeed it is critical that fishermen are engaged as key stakeholders in the management of those regions?

[Richard Benyon]

I am grateful to my hon. Friend, who is absolutely right. For too long fishermen have felt right at the bottom of the decision-making process, under layer upon layer of control. I hope that we can have a system that is simpler and closer to them. In December I sat up late into the night discussing with Commission officials where an eliminator panel should sit in a net that was to be used off the Shetlands. That is an absurd system. I hope that a more regionalised approach will mean that decisions are taken by fishermen and closer to where they fish.

[Kevin Brennan (Cardiff West) (Lab)]

I, too, welcome my hon. Friend the Member for Glasgow South (Mr Harris) back to his rightful place on the Front Bench. The Minister said that he wanted particular dates for the implementation of the policy against these immoral discards. Did he achieve the dates he had in mind in the negotiations?

[Richard Benyon]

No, but I failed to achieve them only by about a year. We can argue and quibble, but the important thing is that we agreed a general approach. Had we not done so, we would have becalmed the whole reform of this broken policy, possibly for years, and sent a message to the European Parliament that the Council does not really think it is important, and those who believe the current system works would have won, which would have been a disaster.

[Sheryll Murray (South East Cornwall) (Con)]

As someone who sat up into the early hours of the morning listening to the negotiations, I really congratulate the Minister. Can he confirm that any discard ban will not prevent fishermen from Looe, Polperro and the Rame peninsula in my constituency from discarding seasonally prevalent fish, such as the red gurnard, that are not assessed as under pressure by the Marine Conservation Society?

[Richard Benyon]

I thank my hon. Friend, who is very knowledgeable about these issues. I do not know the details stock by stock, but what we want is an end to discards. There were proposals made in the negotiation process that, through de minimis levels that we considered much too high, would in effect have meant that there was not a discard ban. We must be clear about where we want to go, but we want to ensure that we work with fishermen in her constituency and elsewhere to achieve that.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his statement. With Diane Dodds, a colleague and Member of the European Parliament, I have been working on this issue for some time and therefore give it a cautious welcome. Does he accept that, in the spirit of the agreement, further effort, known as reductions, in the context of the cod recovery plan for the Irish sea, which affects Northern Ireland fishermen, will not be imposed in future?

[Richard Benyon]

One of the reforms we want as part of the process is a greater movement to multi-annual plans, which I like because they actually take power away from politicians. The horse trading that goes on in December is less possible when we have a good multi-annual plan. What the hon. Gentleman is talking about is a bad multi-annual plan, one that was not thought through properly, does not work and in many cases achieves the reverse of what was intended. I will work with him, Diane Dodds and anyone else to ensure that we get the right kind of multi-annual plans system within the reforms.

[Neil Parish (Tiverton and Honiton) (Con)]

I, too, congratulate the Minister, who has achieved a great deal on discards in his time in office. I think that the local management of fisheries and fishermen owning up to the way fish stocks are managed are essential. We have to ensure that cod discards, which are still going on in mixed fisheries off the south-west, are stopped as soon as possible.

[Richard Benyon]

I am grateful to my hon. Friend, who has been a hearty proponent of an end to the top-down management of fisheries and an enemy of discards both here and in the European Parliament, and I will continue to work on that. We should be very grateful to organisations such as Fish Fight for the part they played in exciting popular culture in support of what we are doing, but it is also worth paying tribute to the small groups of scientists, officials from DEFRA and other organisations that have been working to end discards and reform this policy for a long time.

[Stephen Mosley (City of Chester) (Con)]

I give three cheers for this agreement, which represents a huge step in the right direction. However, given that some European countries, most notably France, remain opposed to some of its key elements, will the Minister ensure that he keeps up the pressure so that there is no slippage in the proposals?

[Richard Benyon]

I was pleased to welcome the new French Minister to the negotiations and very glad that I did not have to do what he did: ring his Prime Minister at 4.30 in the morning to get his authority to support the proposals. I can assure my hon. Friend that we work with every country that we feel can move this forward. It is really important that we do not just sit back because we have a general approach agreed; there is a lot more work to be done. I am grateful for my hon. Friend’s support.

[Andrea Leadsom (South Northamptonshire) (Con)]

How miserable of the Opposition to refuse to applaud the remarkable progress made by my hon. Friend in an area of EU policy that has been calling out for reform for literally decades. Will he please tell us what the process is now for this to receive approval from the European Parliament and what his concerns about that might be?

[Richard Benyon]

We now enter a process of Kafkaesque complexity. The reforms will go to the European Parliament’s Fisheries Committee in October, and we will then consider what it thinks of them. They will then go to the plenary session of the European Parliament. They will then be examined again by the institutions early next year through a trialogue process. We will then come forward with a reform, hopefully about this time next year, for implementation in January, which is in 18 months’ time.

[Mr Speaker]

I thank the Minister and colleagues.

Dangerous Dogs

Lord Benyon Excerpts

Wednesday 23rd May 2012 Westminster Hall

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

It is a great pleasure to respond to this excellent debate and there have been some good contributions. I pay tribute to the hon. Member for Islwyn (Chris Evans) for raising this important issue with such commitment, and for continuing an ongoing dialogue on the issue. I entirely recognise the points that he raises. I pay tribute to the many organisations to which he referred: Guide Dogs for the Blind, the Communication Workers Union, the Dogs Trust and, of course, Battersea dogs home, which he recently visited.

There were other very powerful contributions. My hon. Friend the Member for Banbury (Tony Baldry) pointed out the limitations of what many people—some of our constituents and some Members of this House—see as a panacea for solving this problem. Microchipping is only a partial solution. As was said in a number of interventions, it does not deal with the fact that unfortunately there will always be some people who fail to comply. The law can go only so far in catching them.

The hon. Member for Liverpool, Wavertree (Luciana Berger), who informed hon. Members that she had to leave the debate to go to a meeting, which of course we understand, asked some specific questions that were also asked by the hon. Member for Glasgow South (Mr Harris). Incidentally, I should have started by congratulating him on his position and saying that I look forward to working with him. This issue is not my primary responsibility—it is, of course, Lord Taylor of Holbeach’s responsibility—but I am happy to work with the hon. Gentleman on it and many others. The hon. Lady asked when the measures would be brought in, as did the hon. Gentleman. The introduction of microchipping would involve secondary legislation—an amendment to the Animal Welfare Act 2006. The elements of the measures that have been announced that would see current controls extending to private property and that relate to the requirements for kennelling and a number of other areas would involve primary legislation. I have no date for when those measures could be brought in, but we consider them urgent and hope that they can be brought in as quickly as possible.

The hon. Lady also raised the question of police resources. I can only say that these are local priority issues and will undoubtedly feature in the work of the new police and crime commissioners. When my neighbouring MP was Boris Johnson, we conducted a campaign with Thames Valley police on dog theft. We got that horrible crime treated as much more of a priority by the police force. It allocated resources and has done good work. A similar approach is being taken by other police forces. I know that hon. Members are still working hard with certain police forces to try to move this issue up the scale of their priorities. There will continue to be a debate and it will happen locally.

My hon. Friend the Member for Ealing Central and Acton (Angie Bray) is a long-standing campaigner on this issue, and I pay great tribute to her. She is pleased about what is being done, but quite rightly there is an edge to what she says. She wants to push the Government, and I will ensure that we continue to work with her.

There was an excellent contribution from the hon. Member for Hackney South and Shoreditch (Meg Hillier). One very telling point that she made was about the irresponsible dog owners affecting responsible dog owners. That is entirely right. There are law-abiding people who are dog lovers or who do not have anything to do with dogs but whose lives are made hell by the irresponsible dog owners. Of course, that must remain a priority for us.

I will try to deal with as many points as I can in the few minutes that I have left. I certainly commit to writing to hon. Members if I fail to answer any of the questions put to me. Let us be clear: the announcement of 23 April set out a number of proposals. One is to extend to all places the criminal offence of allowing a dog to be dangerously out of control. That deals with the point made by my hon. Friend the Member for South Dorset (Richard Drax) and a number of others about the terrible attacks that happen in the home and elsewhere that currently are not covered by legislation. The other proposals are: to remove the mandatory requirement that suspected prohibited-type dogs must be seized by the police for at least the duration of the court case; to require all puppies to be microchipped; and to increase the fee to have a dog added to the index of exempted dogs. The proposals are subject to consultation, and we welcome people’s views before the consultation period ends on 15 June. We want to take action as quickly as possible after that.

In addition to the proposals that I have set out, we are taking forward other work that we consider will help to tackle the irresponsible ownership of dogs. A number of initiatives are currently undertaken at local level. Some have been referred to in the debate. Those initiatives are designed to promote more responsible ownership of dogs. The Government welcome that. Hon. Members on both sides of the House have been giving great leadership to some of those local initiatives. We want to foster more of those projects and we feel that those who may be interested in setting up projects need to know what works well and in what circumstances. To enable that to happen, DEFRA is funding innovative projects in London and in dog hot spots outside London to provide learning that can be applied more widely.

In the past, one criticism has been a perception that enforcement of the law can vary between police forces, with some forces performing better than others. To redress that, we have already provided funding towards the training of more dog legislation officers—police officers specially trained in the law on dangerous dogs. That can make an enormous difference to a police force that is trying to tackle a problem but does not feel that it has the resources to deal with it. Those additional specialists will help police forces across the country to deal with dangerous dog incidents.

We also provide guidance to the courts, the police and the public on dangerous dogs. We are examining whether that guidance needs to be updated and have started to work with partners to see what changes need to be made.

On 15 May, the Sentencing Council published a new guideline for judges and magistrates on sentencing for dangerous dog offences. For example, the top of the sentencing range for the offence of allowing a dog to be dangerously out of control and injure someone has been increased from six months to 18 months. The Sentencing Council states:

“The new guideline will mean more offenders will face jail sentences, more will get community orders and fewer will receive discharges.”

The new guideline will come into effect on 20 August 2012.

As has been said, the Home Office has published a White Paper—it did so yesterday—containing proposals to simplify the antisocial behaviour toolkit. We have worked closely with the Home Office to ensure that the new antisocial behaviour measures cover irresponsibility with dogs. That includes people who deliberately use their dogs to intimidate other people and those who allow their dogs to stray and cause a nuisance—precisely the point made by the hon. Member for Hackney South and Shoreditch. The Home Office is determined that those types of problem will be dealt with effectively in its proposed changes to the antisocial behaviour toolkit. The Home Office fully recognises the need to ensure that action can be taken to tackle antisocial behaviour problems proactively before they degenerate into more serious incidents, when action may have to be taken under existing dangerous dogs legislation. Many hon. Members have referred to the fact that certain dogs are used as a cover for other forms of criminality. That is of course a very big driver for the police and other law enforcement agencies.

I realise that a number of people wanted to see proposals such as the introduction of dog control notices. I can see why dog control notices may be viewed as a positive and preventive measure. However, I hope that I can reassure everyone that anything that could be achieved through such notices could be achieved through the new antisocial behaviour measures proposed by the Home Office. I see no reason to introduce dog-specific notices. They would not add value to what is already out there.

I hope that hon. Members will take the time to read the White Paper. It sets out a range of ways in which practitioners could use the new powers to deal with irresponsible dog owners, from using informal measures to deal with problems early, to taking proactive action through a community protection notice to tell an irresponsible owner exactly what he needs to do or else, and using the crime prevention injunction or criminal behaviour order to deal with more serious cases.

I understand that there is considerable support for microchipping to be applied to all dogs. Our consultation on microchipping includes four options, but our preferred option is to microchip puppies as opposed to all dogs. The Government consider that there should be a balance between linking dogs back to breeders and not imposing a burden on all existing dog owners. Many points were raised about the data and where they are held. There will be a real onus on the vendor of a dog to ensure that the data are changed. There will also be an onus on the purchaser. No one wants liability to remain with them. It is like selling a car.

The Government remain absolutely committed to resolving this problem as best they can. Let us face facts. There will still be dog attacks. Whatever legislation the House introduces, there will still be appalling incidents, but we must do everything that we can to provide the necessary protection to innocent people, who are currently too often the victims of appalling crimes and attacks by dogs that are not managed responsibly by their owners.

Littering and Fly-tipping

Lord Benyon Excerpts

Tuesday 22nd May 2012 Commons Chamber

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

I congratulate my hon. Friend the Member for South West Bedfordshire (Andrew Selous) on bringing this matter to the House and on continuing his long-running and cogent campaign. I share his phobia of litter and fly-tipping. Without wanting to sound sanctimonious, I will tell the House that during the election campaign, so concerned were my supporters about litter that we took a day off campaigning to pick up litter in the otherwise fairly tidy town of Newbury. The issue goes to the heart of what we feel about our communities, our sense of place and this country.

My hon. Friend referred to his constituent, Mrs Prosser. I am sure that we can all think of Mrs Prossers in our constituencies who, unthanked and unrewarded, do amazing work, because they have pride in, and mind about, their community. As a society, we have to find a better way of rewarding and thanking people such as Mrs Prosser for their wonderful work.

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

The simple fact is that Mrs Prosser and others should not have to undertake such activities, but at least while they do have to I hope that my hon. Friend will join me in congratulating her and all those in my constituency who clear litter from the verges on the valuable work they do.

[Richard Benyon]

I entirely agree with my hon. and learned Friend and thank the volunteers in his constituency who do that, and I resent, in almost equal measure, the people with such little regard for our communities and countryside that they throw the litter in the first place, thereby requiring those volunteers to perform the selfless act that he describes.

Let me set out to the House the Government’s plans for good-quality local environments and the actions that we are taking to tackle littering and fly-tipping. We know from repeated public surveys that the appearance of local neighbourhoods matters greatly to people, ranking alongside or above concerns such as global climate change or rising fuel prices. Poor quality environments can destroy neighbourhood pride and create a climate of fear and neglect. These are therefore important issues, and it is right that we take a close interest in addressing them. Local authorities are on the front line of dealing with littering and fly-tipping. They have the duty to clean up public land and the powers to take enforcement action to fit local circumstances. Although most fly-tipping on public land is handled by local authorities, the Environment Agency also has a role in investigating large fly-tipping incidents, in particular those involving hazardous waste or organised crime. As my hon. Friend the Member for South West Bedfordshire said, on private land the responsibility for dealing with fly-tipping rests with the landowners—often at great cost to them and their businesses—although many local authorities offer advice, guidance and, in some cases, help.

[Tessa Munt (Wells) (LD)]

I wonder whether the Minister could address the problem of different local authorities having different responsibilities. In my area, Somerset county council has shut a number of local recycling centres, leaving the district councils as the level responsible for dealing with fly-tipping. That transfers the cost from the county council’s budget, but means that district councils have to deal with an increasing problem. Indeed, they are left having to charge, through council tax, which seems most unfair.

[Richard Benyon]

I understand that all local authorities, like the Government, face difficulties and have to set priorities. If we are to be a truly localist Government, we have to leave decisions about priorities to be taken locally. In areas with unitary councils there is less misunderstanding on the part of the public about who is responsible. When I was a district councillor, people were always blaming the county council for things that were my responsibility, and vice versa. I know that this is a difficulty in areas with two-tier local authorities, but I understand the point my hon. Friend makes.

The charity Keep Britain Tidy carries out a survey for DEFRA each year, and this year the 10th report was produced. It provides an opportunity to look across the changes in the last decade and highlights the fact that litter levels are not much better than when the survey was first carried out, in 2001, with 15% of areas deemed “unsatisfactory” for litter. Yet since that time, the costs to local authorities of sweeping the streets, including dealing with litter, has risen by hundreds of millions of pounds, as my hon. Friend the Member for South West Bedfordshire said, to little short of £900 million.

DEFRA and the Environment Agency host the collection data on fly-tipping, through the Flycapture reporting system, which helps to provide evidence of the nature and scale of fly-tipping and allows decisions to be made locally and nationally on the best interventions to tackle the problem. Fly-tipping continues to have too great a detrimental impact on the local environment. In 2010-11, there were 820,000 fly-tipping incidents in England. Although that is a reduction compared with the previous year, this is in part due to changes in reporting practices by some authorities. The true figure is likely to be considerably more, as it is recognised that many incidents, particularly those on private land, go unreported. We also know that a lot of fly-tipping involves domestic waste, which can ordinarily be collected by local authorities or taken, as has been said, to civic amenity sites.

So what can be done to make real inroads into the persistent levels of litter? The Government’s commitment in this regard is clearly set out in the coalition’s programme for government. We aim to reduce litter as part of our drive towards a zero-waste economy. Changing the attitude and behaviour of those who drop litter and casually fly-tip is essential, which is why the Government are committed to working with Keep Britain Tidy, businesses, local authorities and community groups on their “Love Where You Live” campaign. It appeals to all sectors of business and across all sectors of society, and support is coming from Wrigley, McDonald’s, Network Rail, Coca-Cola, Waitrose and many others. Businesses can contribute in many ways: by supporting the campaigning effort; by carrying their message to customers, staff and others; and, directly, through changing the design of their products, packaging and services to reduce the possibility of litter from the outset. The “Love Where You Live” campaign holds promise in being able to attract widespread support to capture the public’s imagination and inspire civic pride, especially in this year of the Queen’s diamond jubilee, and the London Olympic and Paralympic games.

[Christopher Pincher (Tamworth) (Con)]

Will my hon. Friend give way?

[Richard Benyon]

I am very short of time and I must answer the questions put by my hon. Friend the Member for South West Bedfordshire, but I will certainly give way at the end if I have time.

I, like my hon. Friend the Member for South West Bedfordshire, welcome the Daily Mail’s “Spring Clean for the Queen” campaign to encourage clean-up events for the Queen’s diamond jubilee.

I know that littering from vehicles is a particular problem for local authorities. In March, the Secretary of State met businesses, trade associations and local authority representatives to look at what more can be done to tackle this. There was great enthusiasm for voluntary action and for innovative ideas coming forward from business, including carrying branding and anti-litter messages in vehicles, in outlets and in communications with customers and staff to raise awareness of the issue. I was interested in what my hon. Friend was saying about the Highways Agency, because there is much more we can do, working with it.

Changing attitudes and behaviour is key. Much can be done through voluntary approaches to tackle littering from vehicles, but the Government’s mind is not closed to the regulatory route if that will work. London boroughs will soon start using powers under private legislation to issue a civil penalty against the registered keeper for littering. We want to see how that works in practice—to see if it helps to support behaviour change efforts elsewhere. If it works well, we will consider applying the approach more widely across the country.

The CPRE proposal for implementing a bottle deposit scheme has been mentioned. As part of the review of waste policies in 2011, the Department undertook a full analysis of the costs and benefits of implementing such a deposit system, based on the CPRE’s report “Have we got the bottle?” Although such a scheme may increase recycling rates for the materials covered and reduce litter, the estimated costs of running such a scheme are very high; they are much higher than alternative measures that could achieve the same aims. Taking that into account, it was decided not to take forward this option for the time being and instead to concentrate on other ways to increase recycling and address litter.

My hon. Friend mentioned bags. Concern about single-use carrier bags has also been raised frequently with my colleague Lord Taylor of Holbeach, who leads on this issue. We share the concern about the effect that those bags have on the environment, and about the increase in their distribution. We are looking carefully at all options to make sure that we further reduce their usage, and we are paying close attention to developments in Wales, where a 5p per bag minimum charge was introduced in October last year. The Welsh Government are currently evaluating their policy, and we will consider our position on carrier bags further following the evaluation of that scheme in July.

Let me deal with other issues that my hon. Friend raised, particularly the action we are taking against fly-tipping. The Government’s review of waste policy in England, published in June 2011, set out a range of measures to tackle fly-tipping. The approach advocated in the review is to make it easier for businesses and others to do the right thing with their waste, while also ensuring that the sanctions available act as a real deterrent to those responsible for waste crime.

A major area of concern is the cost incurred by public landowners for clearing up fly-tipping on their land where local authorities are not under any obligation to act. We do not have an accurate figure for fly-tipping on private land or for clearance costs, as landowners are not required to report them to Government. As my hon. Friend the Member for South West Bedfordshire says, however, the Country Land and Business Association estimates that it might cost their members, or landowners across the country, in the region of £50 million to £100 million a year to dispose of fly-tipped waste.

This issue was highlighted in recommendations made by the Farming Regulation Task Force in 2011. We are working towards the development of best practice on the prevention, reporting, investigation and clear-up of fly-tipping through the National Fly-tipping Prevention Group and the taskforce implementation group. The aim is to allow local solutions that will free landowners of much of the “hassle” associated with clearing fly-tipped waste from their land. We are also looking at developing a partnership approach between landowners and local authorities that will encourage clearance of fly-tipped waste and the adoption of measures to improve local environmental quality. We will be presenting our approach at a ministerial summit to be held with key stakeholder groups later this summer.

As for sanctions for fly-tipping, these include stronger powers for the Environment Agency and local authorities to seize vehicles further to investigate suspected involvement in fly-tipping, as well as revoking the registration of waste carriers who repeatedly flout the law. While the penalties for fly-tipping are sufficient—up to a £50,000 fine on summary conviction—we want to ensure that the levels of fines and sentences handed down by the courts act as a deterrent. We have provided evidence to the Sentencing Council, which is considering producing a separate sentencing guideline for magistrates on fly-tipping. I am now happy to give way to my hon. Friend the Member for Tamworth (Christopher Pincher), if he still wishes to intervene.

[Christopher Pincher]

If the offer is still on the table, I will; I am grateful to the Minister for sweeping me up in his remarks. He rightly says that public attitudes need to be changed. Does he agree that the flexible attitude of some councils to supporting volunteers is to be commended? In my Tamworth constituency, Streetscene, the street cleaners, offer volunteers bags, litter pickers and gloves, and come back at the end of the litter-picking exercise to take the bags away. Is not that sort of positive flexibility to be commended?

[Richard Benyon]

It certainly is. I commend those sorts of schemes, which I have seen happening elsewhere. There is also good partnership working to be had between parish councils, town councils and higher tiers of local authorities where equipment can be shared and know-how and guidance can be supplied to volunteer groups and communities that wish to carry out their own spring cleans. This is clearly to be welcomed.

What about people who put their waste out for collection incorrectly? This is a matter of concern. Hard-working people, who already have enough worries, should not face the threat of being punished for innocent mistakes such as putting their bins out an hour or two early. It can be a problem when that is wrongly labelled as somehow similar to fly-tipping. That is why we want to change the law so that only the small minority whose behaviour causes problems for their neighbours and harms the local environment as my hon. Friend described will be punished; we want to make the fines more proportionate. As a first step, we are changing the law to reduce the level of fines under the current fixed penalty notice regime. These changes are due to come into force on 30 May. We intend to make longer-term changes, including removing the current criminal sanctions, as parliamentary time allows.

My hon. Friend raised the issue of sanctions. He is right that littering is an offence under the Environmental Protection Act 1990. The litterer can be prosecuted in magistrates courts and can on conviction face a fine of up to £2,500, as well as getting a criminal record. As an alternative to prosecution, local authority enforcement officers can issue a fixed penalty notice of between £50 and £80; it can be set locally, and is soon to rise. So there are sanctions, and they do hurt the perpetrators of this crime—for it is a crime.

Underlying all that, however, is the need for us as a Government, and, perhaps, us as a society, to view the problem as a culture of littering which has been allowed to develop and which we see regularly in some corners of our constituencies. It requires education in schools, it requires education of the adult population, and it requires a true partnership between those who love and respect their communities—and who constitute the vast majority—and the inconsiderate minority who are apparently happy to see their communities trashed. I am a great believer in the “broken windows” theory of policing, and dealing with littering is at the heart of that. I hope that what I have said tonight provides clear evidence of the Government’s commitment to tackling the blight caused by litter, fly-tipping and waste.

[Andrew Selous]

Will my hon. Friend give way?

[Richard Benyon]

I am happy to do so, in the minute that is left.

[Andrew Selous]

I should be grateful if the Minister would return to whether local authorities throughout the United Kingdom can now follow the example of London authorities. Has the Localism Act 2011 given all our councils the power to make byelaws similar to those being made in London to deal with the problem of litter being thrown from vehicles?

[Richard Benyon]

Yes. Under the neighbourhood planning scheme and the Localism Act, authorities elsewhere in the country will be able to do what is being done in London, and I expect that to prove very welcome.

I think that this is an ideal issue for Members to discuss. My hon. Friend the Member for South West Bedfordshire and others who have remained in the Chamber to take part in the debate have demonstrated that it is possible for us to show real leadership and, together, to remedy a problem that has become much too prevalent throughout the country.

Question put and agreed to.