Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019

Lord Elton Excerpts

Monday 13th May 2019 Lords Chamber

[Lord Hylton (CB)]

My Lords, I declare my interests as stated in the register—in particular in forestry. We have to learn from past sad experience—for example, over Dutch elm disease, which has wiped out the great majority of all the elms of southern England. At this very moment, we are grappling with ash bud disease, which can make the timber of ash completely useless, except as firewood. Other, lesser infections and importations have affected chestnut trees, oak and larch, and one hopes that they are not spreading or getting more serious. Invasive weeds have been mentioned, notably by the Minister, and on quite a few occasions your Lordships have discussed Japanese knotweed, but I will say no more about that.

I notice that of course the regulations are unamendable —incidentally, I apologise for not having been present when they were discussed earlier—but I trust that the Government have devised the very best possible protection. As an island, we are better placed than those with land frontiers to protect our stock of plants and trees, but we should try to benefit from our natural advantages and devise the very best possible protection.

[Lord Elton (Con)]

My Lords, my noble friend was emphatic about the stringency of the controls over the import of ash wood to this country. I take it that that means that no leaf and no centimetre of bark will come in. However, would he take this opportunity—alternatively, perhaps he would write, as I have given no notice of this question—to compare the progress of the disease in Britain and the United States and to compare the methods of control of the disease in those two countries?

[Lord Hope of Craighead (CB)]

My Lords, perhaps the Minister could say a little more about the process by which these errors were discovered. I think he used the phrase “further scrutiny”, particularly in relation to what we find in the animal health, alien species regulations regarding fruit bats, dogs and cats coming from Malaysia and Australia. Some of the things that have been corrected seem, at a glance, to be almost typing errors. We are asked to substitute for the words “set out in” the words “as set out in”, and elsewhere to substitute for the word “Law” with a capital “L” the word “law” with a small “l”. It looks as though someone is taking great care to look at these regulations again to check that something which may have been done under great pressure is being corrected so that it is absolutely accurate. I applaud that if it is what is going on, and I sympathise entirely with the Minister and all those in his department having to deal with such an enormous quantity of material in great detail. It would be interesting to know what the process is and whether more of these instruments may come forward as further errors are discovered. If so, for my part, I would regard that as a consequence of this very punishing exercise, which is putting great strain on many people.

Flooding: Defences

Lord Elton Excerpts

Tuesday 8th November 2016 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I would start where the noble Baroness finished—I thoroughly endorse what she said about the great sadnesses and difficulties of many communities after the floods last year. That is why we are investing £2.5 billion over six years in improving flood defences and spending more than £1 billion on maintaining defences over the course of this Parliament, much more than in the last Parliament. Of course, we all need to work on this. That is why I sent a letter to your Lordships about what is actually happening through the Environment Agency. So far as the EFRA report is concerned, we are in fact implementing many recommendations already, and managing watercourses on an entire-catchment-area basis.

[Lord Elton (Con)]

My Lords, the limitation of damage depends very much on an early and quick response to risk. Can my noble friend tell us what has been done to make sure that the emergency equipment that he has referred to is available in relatively local terms, rather than having to be shipped across four or five counties?

[Lord Gardiner of Kimble]

My Lords, that is why, for instance, more than 100 specialist flood rescue teams and associated equipment are on standby across the country, as part of the National Asset Register. It is absolutely clear that early warning is important so that the preparedness that I spoke about in my letter is adhered to. We are certainly working to ensure that as many communities as possible are well aware of flood risk.

Flooding: Insurance

Lord Elton Excerpts

Wednesday 26th June 2013 Lords Chamber

[Lord Elton]

Would the negotiations be made easier if the Government decided and announced that any agreement to insure flood-risk property would not extend to any property on flood plains for the building of which planning permission had been given after, let us say, today’s date?

[Lord De Mauley]

My noble friend is persistent in raising this issue. The Environment Agency provides advice to local planning authorities on the flood risk associated with new developments, which is used to develop strategic flood-risk assessments. During 2012-13, 99% of planning objections raised by the Environment Agency were amended in line with the advice of the NPPF. Where development is allowed because the risk is low, the proposed development should be designed to ensure that it is safe even in a one-in-1,000-year-scale flood.

Insurance: Flood Risk Areas

Lord Elton Excerpts

Wednesday 22nd May 2013 Lords Chamber

[Lord De Mauley]

My Lords, I broadly agree with the noble Lord that negotiations must be brought to a satisfactory conclusion as soon as possible. That is what we are working on, as I have said. It is worth saying that the Secretary of State has received a letter from the ABI—I have ensured that a copy is in the Library—in which it confirms that its members agree to continue to meet their commitments for a further month to enable the resolution of negotiations. To me this clearly demonstrates its good intentions and its determination to reach an agreement.

[Lord Elton]

My Lords, given the scale of the problem that already exists, will my noble friend make certain that no planning permission is granted to any developments of residential property in flood areas in future, because there are plenty of those bids in place?

[Lord De Mauley]

My Lords, my noble friend makes an important point. He should know that the National Planning Policy Framework seeks to ensure that development is located away from flood risk wherever possible.

--- Later in debate ---

[Lord De Mauley]

That is a subject for a longer debate.

[Lord Elton]

My Lords, could my noble friend throw a little light on his answer to my earlier question, which I interpret as meaning that permission to develop residential property in a flood plain would be denied wherever possible? Can he tell us in what circumstance it might be impossible to deny such permission?

[Lord De Mauley]

My Lords, development in areas of flood risk is permitted only exceptionally, where there are wider sustainability considerations. In all cases, it must be safe and not increase flood risk elsewhere. And, where possible, overall flood risk should be reduced.

Crime: Wildlife Crime

Lord Elton Excerpts

Thursday 31st January 2013 Lords Chamber

[Lord De Mauley]

My Lords, the provision of funding for the year to come is an important step forward, and removes uncertainty in the short term. I ask the noble Baroness to share with me my delight that the NWCU will continue its excellent work. We will discuss future steps with the unit’s co-funders in the coming months.

[Lord Elton]

Will my noble friend confirm that the Government endorse the view of the charity commissioners that expenditure by charities on pursuing one of their aims through the courts should be proportionate to the demands of their other aims?

[Lord De Mauley]

My Lords, broadly speaking, yes.

Universities: Admission

Lord Elton Excerpts

Monday 20th June 2011 Lords Chamber

[Lord Henley]

The noble Lord answers his question for me. The institution to which he refers and to which he is attached has a very good record indeed. I have the figures in front of me: the figure there is some 45 per cent. We offer congratulations to Imperial College on what it is doing. What he said about the work that the higher education institutions themselves should do plays very strongly indeed and I would commend his words to the House and to the entire higher education sector.

[Lord Elton]

To put the answer that my noble friend has given in context, could he very kindly tell us what is the proportion of the population formed by ethnic minorities in the same definition that he has used in relation to the academic world?

[Lord Henley]

It depends what you mean by the same definition. If one takes the general working population, the figure is some 11.1 per cent, compared to that 20.4 per cent that I gave; if one just takes the under-30 age group, which is obviously nearer to those who are at university, the figure is 13.4 per cent. I am afraid I cannot break the figures down any further.

Public Bodies Bill [HL]

Lord Elton Excerpts

Monday 4th April 2011 Lords Chamber

[Lord Maclennan of Rogart]

My Lords, I would like to add my words of appreciation to those that have already been made to my noble friend Lord Taylor of Holbeach. When a Bill of such complexity and importance is produced early in the lifetime of a Parliament, it is perhaps not entirely surprising that the drafting would give rise to great concern. That concern has been reflected in the reports of committees of this House. Those committees—the Constitution Committee and the Delegated Powers and Regulatory Reform Committee—are due warm appreciation because, although there was no prior, pre-legislative scrutiny, they have given it most careful scrutiny. I am particularly grateful for the 12th report from the Delegated Powers and Regulatory Reform Committee which set out the matter that is to some extent covered by Amendment 60A, moved by my noble friend Lord Taylor of Holbeach.

The Minister referred to Amendment 61ZA standing in my name and to which I draw the House’s attention. That was intended to respond to the observation of the Delegated Powers and Regulatory Reform Committee that certain matters set out in Clause 8 are simply ones to which the Minister must have regard or consider. It was a particular criticism based upon the wider concern that the purposes of the Bill and the powers to be used by Ministers had not been adequately set out, and that this was a power of delegation to be embodied in the Bill which needed greater justification in terms of its purposes. I am grateful for what the Minister has said. The language of his amendment appears designed to tackle this gap, at least in part. There are certain differences between the drafting of my amendment and Amendment 60A.

[Lord Elton]

It may be of some interest to noble Lords who have the same print of the Marshalled List as I have to know that Amendment 61ZA to which the noble Lord refers is the one immediately after the withdrawn Amendment 61. I think that the number, 61ZA, has not been printed.

[Lord Maclennan of Rogart]

I am very grateful to my noble friend Lord Elton for making that clear. There is a difference; in fact, there are at least two differences which may be of some significance, between government Amendment 60A and my Amendment 61AZ. The first is that in my proposal the Minister should be permitted to make an order only if he considered that,

“the order will achieve one or more of the objectives in subsection (1)”.

That embodies two points; first, that there should be an expectation on the part of the Minister that the power, “will achieve” one of the purposes; and, secondly, it does not require all the purposes to be achieved by the use of the power.

The Minister referred to my amendment as being in some ways less than his, in that it refers to,

“one or more of the objectives”,

whereas, in his amendment, the Minister has to consider,

“that the order serves the purpose of improving the exercise of public functions, having regard to—”.

It appears to me that the listing of,

“efficiency … effectiveness … economy, and … securing appropriate accountability to Ministers”,

is a collective, not a single test, or even one to be applied to two of these criteria. Therefore, I felt that the amendment that I had tabled was, in some ways, more realistic because it is quite often the case that effectiveness and economy are not necessarily the same and not necessarily both achievable by a measure of government. That is, it is desirable that they should all be achieved, but it cannot be certain and if there is a choice, it ought to be possible for the Minister to make that choice.

This is not a form of words, as I understand it, which just bows in favour of motherhood and apple pie; it is, as I see it, an opportunity for the Government to indicate, in the report that they will produce before Parliament considers the legislation, what it is that is moving the Government. I think it reasonable that, if they could demonstrate greater efficiency, greater effectiveness or greater economy, they should be able to say so and not necessarily have to tick all four boxes. However, this is probably a matter for construction by greater legal brains than mine and consequently, I hope that the matter might be reconsidered at a later date. I am very grateful to the noble Lord, Lord Taylor, for the changes he has proffered to the House, which are a substantial improvement on what went before.

Dangerous Dogs Act 1991

Lord Elton Excerpts

Monday 21st June 2010 Lords Chamber

[Lord Henley]

My Lords, there have been problems with dogs being kept in kennels for rather a long time as a result of the legal processes. We will certainly want to talk to colleagues in the Ministry of Justice about whether the legal processes can be speeded up so that the dogs need not be kept in kennels for so long. We have heard from the Metropolitan Police in particular that the costs are very high and rising.

[Lord Elton]

My Lords, what action is available to the courts for disposal of dangerous dogs and prohibited breeds? While the owners await decisions of the court, is it the case that a number of the dogs disappear?

[Lord Henley]

My Lords, I am not aware that any have disappeared from kennels while waiting for the court’s decision. If my noble friend has any evidence of that, we would be grateful if he would pass it on to us. The Dangerous Dogs Act deals not only with specific breeds but, under Section 3, allows action against a dog of any type or breed if it is deemed to be behaving dangerously.

[Lord Henley]

My Lords, as regards timing, I do not think that I can help the noble Baroness much more than by saying that we will do that as soon as is possible—we have all said that before—but we will certainly publish the results of our consultation when we make the appropriate decisions about how we should respond to it.

[Lord Elton]

My Lords, I asked my noble friend what disposals were available to the courts respectively for dangerous dogs and prohibited breeds. Perhaps he could remind me.