Infrastructure Bill [HL]

Lord Deben Excerpts

Monday 9th February 2015 Lords Chamber

I turn back to these provisions. Changes that we made in this House on Report will also ensure that where an environmental authority is minded to use these provisions in relation to a beaver in the wild that has not been licensed by Natural England, it must satisfy itself that there is no appropriate alternative way of addressing any adverse impact from that animal before proceeding.

[Lord Deben (Con)]

Before my noble friend leaves that point, I ask what arrangements are going to be made in relation to Wales and why it is done in this way.

[Baroness Kramer]

I will address my noble friend’s point in a moment if I may. We intend to commence Clauses 21 and 22 shortly after Royal Assent to provide legal certainty that licences are still required for the release of beavers into the wild. Now, these matters are devolved and I understand that Welsh Ministers are currently considering whether to make a similar amendment in relation to beavers in Wales.

[The Earl of Caithness (Con)]

Could my noble friend confirm that “a person” in new paragraph 5, which she is amending, is also a trust and a limited company?

[Lord Deben]

I am sorry to put this point but it is a worry and it comes from my own period as Minister of Agriculture. I remember a case in which the rules about poisoning squirrels in Scotland were different from those in England. One has to make the delicate point that neither beavers nor squirrels know when they cross the border. I therefore hope that we have adequate methods of dealing with this issue, simply because it makes a nonsense of this if we do not have a common view where we have a common land border. I know in many people’s minds this is a trivial comment, but it is an issue for all these devolved concerns. I wonder whether we are totally satisfied with the careful relationships between the nations and the English Government—otherwise, people will find themselves technically liable for having broken the law, simply because of the fact that animals move where they wish to and do not obey anybody’s law.

[Lord Teverson]

My Lords, perhaps I can also tackle beavers? The bigger problem, diplomatically, would be if they crossed the Tamar, rather than the Bristol Channel to Wales. I will leave that aside for the moment.

Whether these are Eurasian or American beavers has been a question for some time. I find it strange that it is so difficult to determine this. It is presumably a question of DNA, rather than their accents. Can we hear from the Minister when this might be resolved? Presumably if they are not Eurasian, a much darker alternative has to be faced.