Public Bodies Bill [HL]
Lord Henley Excerpts(13 years, 2 months ago)
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The Chairman of Committees (Lord Brabazon of Tara)
My Lords, I should point out that if this amendment is agreed to I will not be able to call Amendment 47A.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
My Lords, before the noble Lord, Lord Judd, speaks, I think that it will be useful if I intervene to prevent a debate that otherwise might go on for some considerable time. I think that we can forestall that debate. I say to the noble Lord, Lord Clark of Windermere—my noble friend, if I can put it that way, in that we come from the same part of the world, support the same football team and are looking forward to seeing each other at Wembley on 3 April this year—that I always listen to him, as do my colleagues in government. Indeed, we always listen to other people, so it is not just the honeyed words of the noble Lord. We have listened to the words of everyone throughout the country, even—dare I say it?—to our local newspaper, the Cumberland News, and the vox pop in it, to which he referred.
I am grateful for what the noble Lord said and for the kind words about what my right honourable friend the Secretary of State said when she made her Statement on 17 February setting out a series of announcements concerning our forestry policy in England. I stress that these amendments relate purely to England; I think that there are others relating to Wales, which we will leave to one side for the moment. As she put it—I repeat her words—they,
“will allow for more measured and rational debate about the future direction of forestry policy”.—[Official Report, Commons, 17/2/11; col. 1155.]
She said that because—dare I say it?—despite what the noble Lord said, we were not getting a measured and rational debate on forestry as a result of misunderstandings behind what had happened. My right honourable friend announced that the consultation on the future of the public forest estate would be ended, and she has done that. This was done because it was quite clear from those early responses to the consultation that the public and many MPs and Members of this House were not happy with what we had set out.
As stated in the announcement, an independent panel to consider forestry policy will be established and, in due course, we will let the House and another place know further details about it. It will report to the Secretary of State this autumn with advice on the future direction of forestry and woodland policy in England, the role of the Forestry Commission and the role of the public forest estate. The panel will include representatives of key environmental and access organisations alongside representatives of the forestry industry. Its membership and terms of reference will be published shortly. I ought to make it clear that, although it will include a wide range of representatives, we hope that all those appointed will be appointed for their knowledge and expertise. We also hope to keep this body small so that it can be properly focused. I think that all noble Lords know the danger of allowing bodies of this sort to grow like Topsy. I confirm that the panel will have an independent chairman.
My right honourable friend also announced that the Government will support the removal of all those clauses from the Public Bodies Bill. I was very grateful to the noble Lord for not reading out all the amendments that are being taken as part of this group, but we can take it as read that they will go through in due course. As a result, there will be a number of other amendments that I think noble Lords will not wish to move because they relate to clauses that will no longer be there. We can take it that forestry is, as I put it on another occasion, purely in relation to this Bill, a dead parrot, other than forestry in Wales, and will not be debated. That means that we will remove the Forestry Commission’s regional advisory committees, which are the subject of the lead amendment.
The noble Lord also asked what we are intending to do about the Home Grown Timber Advisory Committee. He will remember that we had a debate about it earlier in Committee and that I referred to it as a dead parrot because it had not sat since 2005. It was while the noble Lord, Lord Clark of Windermere, was chairman of the Forestry Commission that it ceased to have any members. I ought to be careful about this, but I should remind the noble Lord that it was his statutory duty to have such a committee and to have members of such a committee, but he decided that there would no longer be members of the committee and that the committee would no longer meet. When he comes to answer, he may assist the House by advising us why he decided that it was no longer necessary to abide by his statutory duty to have members of that committee or even to have the committee. The simple fact is that that committee has not met since 2005. As I said on that earlier occasion, it is a dead parrot, along with all the others. It is up to the noble Lord to make the case for it. If the noble Lord wants to put a case for preserving that committee at Report, I will always look at the advice that he puts before us and I will listen to his arguments as to why we should resurrect or resuscitate that dead parrot. The noble Lord, however, made it quite clear by his actions in 2005 that he did not want it, so I do not quite see why now, in 2011, he would want to revive it—unless, just possibly, he has some mischievous reason of his own, which I would never suspect that he possibly could. Anyway, we will look at that in due course, if the noble Lord wants to bring it back at Report.
We will, as I said, remove all those clauses relating to Schedule 1 and to Clauses 17 and 18 and there will be a series of small consequential amendments. My noble friend Lord Taylor has put his name down to do that—regional forestry committees and all the others will come out. I make it clear that everything that the noble Lord wishes for the moment has been dealt with. I should also make it clear that the withdrawal of the forestry-related provisions for England from the Bill does not affect the Welsh Assembly Government’s policy proposals in relation to restructuring their arrangements for the delivery of their environmental policy, including policy on forestry in Wales. That is for another day and will be for those who will respond on these matters.
The noble Lord asked why we can sell 15 per cent. The previous Administration used these powers to sell land and I have referred beforehand to the fact that under the noble Lord’s watch, when he was chairman of the Forestry Commission under the previous Government, some 25,000 acres were sold without any protection whatsoever. We make it clear that, should we be selling any, we will make sure that there is appropriate protection offered in terms of access, the environment and biodiversity. Of course—as I think we have made clear—we will not be selling anything in advance of the panel reporting back to us. That is why we suspended those sales, having completed the sales that we had inherited from the previous Labour Government.
Lord Knight of Weymouth
I have a brief question for the Minister. When I was a Minister working with my noble friend, we were selling some forestry land, but we were also acquiring land. Does he intend to continue to acquire land on behalf of the Government and the state?
Lord Henley
Decisions will be made as appropriate. The point is that the previous Government—I will mention the figures again—sold something of the order of 25,000 acres without any protection. I accept that they bought some back, but they did not buy back as much as 25,000 acres. One has to recognise the fact that not all the land that the Forestry Commission owns is appropriate to belong in the public estate. That is why the previous Government, among whom the noble Lord was such a wonderful ornament, sold off land, or instructed the noble Lord, Lord Clark, who is about to intervene, to sell it off, as he did.
Lord Clark of Windermere
I agree with the Minister that there come occasions when it is appropriate to sell a small part of the estate. However, the difference between us and the present Government is that, under us, all the moneys received from the sale of any forest land either was used to buy new forest land—sometimes at a greater cost, because it was in the urban areas—or went back into forestry. As I understand it, with this 15 per cent sell-off, the Government are using money from forestry for the Treasury or for Defra’s general budget.
Lord Henley
No decisions have been made about any of that whatever, but I remind the noble Lord that, although it might have been said that land was sold off purely to buy back other land, some of the proceeds were used to top up the running costs of the Forestry Commission. I am not sure that that is the right way to go about these things.
I want to get back to the 15 per cent, which was the last point made by the noble Lord. The Forestry Act requires that there should be a substantial forestry estate. The noble Lord will be familiar with the 1967 Act and all the previous Acts. That estate should be placed at the disposal of the Forestry Commission to manage. I will not go into all the legal advice that we have received from lawyers, as is the convention that the noble Lord will be fully aware of, but we do not consider that the sale of 15 per cent would undermine that statutory regime. That is where we are on that matter. I hope that I have explained where we are. I am grateful—
Baroness Williams of Crosby
I apologise for intervening, but I wanted to make certain that I understood exactly what the Minister was saying. I take it that, along with the major dead parrot, all the smaller parrots die as well, including all the amendments that come under the broad heading of Clauses 17 and 18. However, on the proposed expert panel on forestry, which I understand will report back in the autumn, will there be an opportunity to raise the issue of the make-up of that panel? For example, will it include a person with knowledge of the heritage forests? If there is no opportunity to raise this, I will have to pursue the issue through Parliamentary Questions. I speak as someone who was about to make an eloquent short speech on the subject of the New Forest—the largest and most historic heritage forest. I will pass that opportunity up given whatever answer the Minister gives me on the earlier point.
Lord Henley
I will not speculate on the make-up of that panel other than what I have said already. I said that the panel should be relatively small. Most of us would agree that to create an overlarge panel would be unwieldy. Having said that, while I was abroad I received an e-mail from the noble Baroness, Lady Royall, suggesting one particular group, while many other noble Lords have sent other suggestions. We want to create a small group but it should be understood by everyone that that group would have the power to consult and to set up sub-groups to ensure that as many as possible are included. I will not give a precise figure about how small that group should be, but it should, as I said, be relatively small and focused. We want to make sure that it reaches out to all the other people and we will make it quite clear to members of that group once we have appointed it, and appointed an independent chairman, that they should be consulting with many of those who have already written to the department or made their views known.
I am not sure whether the noble Baroness will have another opportunity in our proceedings on the Bill to discuss these matters because all the forestry amendments that can be are in this group. One or two amendments cannot be in this group because they would insert clauses after Clauses 17 and 18 and, if those clauses are not there, the amendments obviously cannot be moved. I am sure that the noble Baroness will find ways of tabling amendments should she wish to do so. She will also find ways of speaking to me or to other colleagues to put forward her views about who might or might not be on the panel.
I notice that the noble Baroness has tabled Amendment 174ZB much later on, which cannot be moved because it would come after these amendments and those clauses will not exist. The amendment is also in the names of her noble friends Lord Greaves and Lord Strathclyde, but my noble friend Lord Strathclyde’s name is there in error. That amendment mentions the New Forest, Sherwood Forest, the Forest of Dean and Kielder Forest. I was intrigued to see Sherwood Forest mentioned. I had visions of sylvan glades and Errol Flynn skipping around in green tights, with the noble Baroness possibly as Maid Marion. But we will see about that in due course.
The noble Baroness will find her own way of making suggestions about who should or should not be on the committee. All I am saying is that we would like to keep it small and focused. Although they might represent certain groups, we want those on the committee to be there for their individual expertise and experience rather than for representing the particular groups involved.
Lord Clark of Windermere
My Lords, I appreciate that the Minister has been very generous with his time with me. However, in order to expedite matters later, I raise one point that he did not answer, which is quite critical. Is the 15 per cent cumulative, so to speak? When the 15 per cent has been got rid of, can this stand for 15 per cent on the next 100 per cent?
Lord Henley
That would depend on legal advice on one’s interpretation of the Forestry Act 1967. The noble Lord will be more familiar with that Act, and all previous legislation, than even I am. He will know that it imposes a duty that there should be a substantial forestry estate at the disposal of the Forestry Commission. It is a matter for interpretation as to what size that should be.
Lord Judd
I am sure that the whole House would agree that it is a great privilege to participate in a debate on an amendment initiated by my noble friend Lord Clark of Windermere. There are few people who have contributed more to the cause of the forests than has my noble friend. One thing that was particularly important about his time in the chair was that he saw to it that the commission addressed the issue of involving local communities in a sense of ownership and participation in the enjoyment of the forests. Under his stewardship, a great deal was done to open up the forests and to encourage people to use them and to have fun in them, but in a way that did not rape their very special character and heritage, in the sense that they are places of great spiritual significance and beauty. The whole House, irrespective of party difference, will want to pay tribute to my noble friend.
I endorse what my noble friend said about the spirit in which the noble Lord who is leading on this Bill has approached those issues that are put before him by people with special interests. I suppose that I shall have to say several times during our deliberations on this Bill that I should declare an interest. I am vice-president of the Campaign for National Parks and, particularly in the context of the forests, I have the great privilege of being the president of the Friends of the Lake District. One thing that my noble friend mentioned which I would like to underline is the strength, depth and spontaneity of feeling expressed when people felt that the forests were under threat. It was an extraordinary social cross-section of people, which was also impressive. The phrase one heard over and again was, “What are they doing to our forests?”. There was a deep feeling that these forests were the heritage of the British people and that they belonged to the British people. We all ought to try to make connections in government between things that are happening in different spheres and I put it to the Government that, at a time when the Prime Minister chooses to talk about British character, it is very important not to attack those things that people feel are central, in a tangible way, to being part of Britain. Their forests are certainly part of that.
I was glad to put my name to the amendment dealing with the regional advisory committees. I referred to my role in the Friends of the Lake District and in the Campaign for National Parks, which brings together groups concerned about national parks all over the country. I think that it is important that, in the commission’s administration of the forests, real efforts are made to get a local perspective, so that there is a real forum in which local issues and priorities can come forward and be taken into account in the way that things are handled. If nominated and appointed in the right way, advisory committees on a regional basis are a significant way in which to give meaning to this sense of ownership by the people as a whole, because it is possible for the local arguments to be heard and taken into account. That is why it is so important that the advisory committees should continue.
In his remarks, my noble friend made considerable reference to the issue of the 15 per cent. I hope that the Minister, whom I regard as a good Cumbrian friend, will forgive my saying that he did not convincingly answer the point. He kicked it into touch, because he said that it “all depended”. With all the blunt directness that I have come to love in the people of Cumbria, all I can say is, “Come off it”. If these forests belong to us and if we have expressed such a degree of concern, we do not want to find ourselves going down a road along which, through the back door, exactly what we have expressed ourselves as against is accomplished over a period of years. From that standpoint, we need a categorical assurance from the Government that this is not a back door to achieving the short cut that they were introducing in this Bill. On the 15 per cent issue, I hope that my noble friend Lord Clark will forgive my saying that there was a good deal of anxiety among those who were protesting about what had happened already. In a sense this is not a partisan point but one that stretches across the whole issue of the administration of the forests.
I thank my noble friend for moving the amendment. I say to the noble Lord opposite that it is time to take the message of the British people and build strongly on that—and not immediately, on day one, to start back-pedalling. The Minister referred to the importance of his advisory panel. Yes, I understand the business executive, streamlined modern management talk, which says that we must have a small, concentrated group of specialist people who will conduct this. Of course, you cannot dismiss that, because it is a very responsible job to administer the amount of forest that is there to be administered. But in the spirit of what the British people have just done and said, it will be crucial that the advisory panel is representative and is one with which the people can identify, so that it is seen transparently to bring together the different interests and communities among those who support the forests and were so aghast at what was proposed. There is a balance to be struck between business efficiency, on which the arguments of course must be taken seriously, and the job of carrying the public with whatever is proposed by seeing that it comes from a representative body with which they can identify. I am glad to be able to support the amendment.
Lord Henley
My Lords, it might be helpful if I answer some of the points raised before the noble Lord, Lord Clark of Windermere, speaks to his amendment, for which the Government have said that they have sympathy and which I understand the House is likely to accept.
There are a number of points, but the first and probably the most important is to reassure the noble Baroness, Lady Royall, that the Forestry Commission will not appear in any other schedule. It is not in Schedule 7—that schedule is coming out; it is not in Schedule 1, which we are coming to the end of; and it is not in Schedules 2, 3, 4, 5 or 6. It is dead. It is out of the Bill. We have not dealt with the amendments relating to Wales but no doubt these can be discussed, preferably by someone other than me, when we reach that stage of the Bill. I make it clear to the noble Baroness that forestry policy in Wales is a devolved matter. She will know that Wales has just gone through a referendum on extending its powers, so these matters are even more important. The House will consider in due course the clauses relating specifically to Welsh bodies. There are references to forestry in those clauses but the policy aim is linked to the Welsh Assembly Government’s proposals on restructuring the activities of the Environment Agency Wales, the Countryside Council for Wales and the Forestry Commission Wales to enable them to take a more integrated and sustainable view of environmental management based on an ecosystems approach. We can discuss that in greater detail when we get to it in the Bill.
The next point that I want to deal with is the advisory panel. I am not sure that I can say much more to noble Lords who have spoken about this. The noble Lord, Lord Judd, as always, wanted a much larger panel that included everyone possible. I happen to feel—and most people would agree—that a small manageable panel would be better, particularly as it will be given the remit to consult whomever it wishes and to set up sub-groups to ensure that all others are included. As I said, we have already received a large number of applications to join that panel and I think that everyone would agree that to take on everyone would be a mistake. We need a proper panel that is appropriately balanced and one that consults people properly. I also stress that the panel will be independent and will have an independent chairman, so I think that it is wrong when my noble friend Lord Greaves stresses that it must be for the Government to make sure that it consults people properly and that we get out information about what the panel is doing. It should be for the panel, which is independent, to get out what it is doing and to let people know how it is moving and in what direction it is moving. I am sure that the panel will do that with great expertise.
Lord Judd
After quite a number of years in both Houses, I am weary of Ministers putting words into your mouth that were not in your mouth at the time at which you spoke. I did not argue for a vast representative body. I said that the Minister had a real task to balance business efficiency against transparency and credibility. I am sure that he will understand that there has been deep misunderstanding and deep anxiety among the public about what has been afoot. If this panel is to carry conviction, it must somehow have people on it whom the wider public can identify with and feel are representative of their anxieties.
Lord Henley
I could not agree more with the noble Lord, other than that I believe that a smaller—I am not going to suggest a figure, as I think that it would be wrong to get into figures at this stage—manageable panel under an independent chairman is the best way forward. I apologise if the noble Lord felt that I had put words into his mouth. I appreciate that I have probably done that in the past and I will probably do it again in the future. However, I got the impression that he was pushing for bringing everyone in. The danger when a great many people want to be on something is that, if you do not make it clear right from the start that you want a small and appropriately focused committee, you end up giving in to every possible demand and you end up with something that is unwieldy and unfocused and cannot do the job. This panel will have the right to set up sub-groups or sub-committees—whatever you call them—so that it can consult. We want to make sure that it talks to all those who have put in their views.
That is why it is also very important that we have an appropriately independent chair. I am grateful for questions that I have received on this from the noble Lord, Lord Rooker, and others about how that will be done. All I can say at this stage is that the independent chairman will be appointed by the Secretary of State after consultation. As we want this to report by the autumn, we want to move on relatively speedily. I am sure that whomever we appoint, the noble Lord, Lord Rooker, who is smiling at this stage, will accept that we have appointed the right person, because he always does in the end when we find the right person. I am sure that he is not putting himself forward for this job. He will accept that we will find the right person in due course. It will be an independent panel under an independent chair.
That brings me on to the other comments that the noble Lord, Lord Rooker, made. As a former Member for a Birmingham seat, he raised the question of motorsport and its use of the forests. He was right to do that because it is important that we remember that there are diverse users of all the forests. Forests are not just there for growing timber, even though that is very important. Forests are also there for people who want to walk, to ride or to drive and for those involved in motorsports. They are also very important for biodiversity. In my own part of the world, up in Kielder, the forest is important for the few surviving red squirrels that we have in this country. There are a whole host of different uses that conflict with one another, which means that any decision about access has to take into account biodiversity interests. I imagine that not all of those who are keen on walking in the forests are that keen on some of the motorsports going on. We have to balance those issues. I am sure that the noble Lord will accept that. It is one of the things that we will make sure is done in due course.
Both right reverend Prelates referred to the Forest of Dean and the fact that it is a special case. I accept that the Forest of Dean is a special case. It was made a special case in law as a result of the 1981 Act, if not before. Actually the Forest of Dean and the New Forest have been special cases—I cannot say for how long, so I had probably better use this legal term—“since time immemorial”. It goes back that far. The odd thing about the Forest of Dean and the New Forest is that, as I understand it, they were originally part of the Crown Estate and then for some reason—why they but not others I do not know—became part of the Forestry Commission. The simple fact is that they are now part of the Forestry Commission and not part of the Crown Estate. That is where we are. Another public forest, Epping Forest, has gone into the ownership and management of the City of London. The Forestry Commission is not necessarily the only public body that can look after public forests in the best way. Epping Forest is not the only exception to that, but I accept that it is a special case.
That brings me to the planning issues raised by my noble friend Lady Williams and the noble Lord, Lord Knight of Weymouth. Yes, we are aware that there will be changes as a result of the Localism Bill. We can give assurances, as my right honourable friend Greg Clark has done, that protection for ancient woodland in the existing planning guidance will be carried over into the national policy framework. All that will be done, but we also feel that, as a result of the Localism Bill, it is important, as my noble friend Lady Williams put it, that local communities should have a right to have some input into what is going on in the forests or small woodlands in their area.
I want to touch on one or two other points. The noble Lord, Lord Foulkes, talked about jobs. I must make it quite clear to the noble Lord and his party that the Forestry Commission, like a lot of other public bodies, including public bodies within Defra, will have to take its cuts and reductions as a result of the mess that we inherited. It is no different from any other body. The change of tack that we have indicated on forests does not necessarily mean any change of policy in what the Forestry Commission does in terms of its staff. That is a matter for the Forestry Commission to manage.
Lord Foulkes of Cumnock
I put it to the Minister that two factors are affecting the staff at Corstorphine. One is the general economic climate in which, as he says, they must take the hits along with other public bodies. The second is the Government’s policy on forestry. As I understand it, the U-turn involved the Forestry Commission continuing to manage forests in England, for which staff at Corstorphine have responsibility, so surely it is wrong to continue with the same level of redundancies as was envisaged when the policy was different. Will the Minister not have another look to see whether some of the jobs in Edinburgh need to be continued to deal with the new policy that has been announced, into which he has gone into detail?
Lord Henley
My Lords, I never like to accuse the noble Lord of not having done something, because he is assiduous in his parliamentary work, but it is obvious from what he says that he has made no effort to read the entire forestry consultation that we put forward and have now withdrawn. If he had read that, he would have known that there is no immediate plan to sell off everything willy-nilly, as he seems to be suggesting, and as a result lay off half the Forestry Commission. We were looking at very long-term plans possibly to change the ownership of this forest or that but, in many cases, it would have involved transferring money to whoever took over some of those bodies. We were not at that stage considering reducing the number of staff, but we are asking the Forestry Commission, like all other bodies attached to Defra and other government bodies, to take its fair share of the reductions that the Government are having to make as a result of what we inherited.
Lord Foulkes of Cumnock
I have had discussions with the representatives of the trade unions from Silvan House, who have briefed me in detail on that. My understanding is that at least some of the proposed redundancies relate to the previous policy, which has now been abandoned. Unless my logic is completely crazy, it would seem that if you change your policy and continue with the present arrangements to look after some of the English forests from the Forestry Commission headquarters, a review must be needed of whether the large number of redundancies originally envisaged is still now necessary. Is that not the case?
Lord Henley
My Lords, that is not the case. I am not sure that the advice which the noble Lord has received was necessarily—dare I put it this way—as accurate as it might have been. Anyway, the simple fact is that the Forestry Commission, along with others, will have to take its cut because of what we inherited.
I hope that I have dealt with all the points that have been put to me in the course of the debate. I appreciate the strength of feeling that had been held, and I appreciate that the noble Lord, Lord Clark, will now press his amendment. As I said, we will support it. I hope that the rest of the House will support it and that we can move on to other matters in the Bill.
Lord Clark of Windermere
I rise very briefly just to say that it is a very unusual experience to find that one of my co-signatories to an amendment is a government Minister and that I look forward to it happening more and more in the future. I say that in the spirit in which the amendment has been moved.
Both right reverend Prelates and all the other contributors to this debate have made the point that the general public’s feeling towards the forest has been quite uncanny. The general public really do not discriminate between 85 and 15 per cent and the Government will have to think very carefully about how the 15 per cent is handled. However, that is a matter for another day. We are talking now specifically about Amendment 47—so we are talking about the big society, localism and the regional and advisory committees.
Trees: Sudden Oak Death
Lord Henley Excerpts(13 years, 3 months ago)
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Lord Greaves
To ask Her Majesty’s Government what action they are taking to counter the spread of sudden oak death in trees.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
My Lords, the Forestry Commission and the Food and Environment Research Agency, working in partnership with other organisations, are delivering a five-year programme in England and Wales against Phytophthora ramorum. The Government take this very seriously. Infected Japanese larch is being cleared from 7,920 acres of woodland in an effort to halt the spread of the disease.
Lord Greaves
I thank the Minister for that reply and praise the work that is being done by the Forestry Commission and the other organisations involved. However, since Phytophthora ramorum jumped species into Japanese larch, is it not now spreading at an alarming rate through commercial plantations, particularly up the west side of Britain, and is this not, indeed, a potentially disastrous position? Are the Government satisfied that the resources that are being put into research, particularly into the nature, behaviour and means of preventing this disease, are sufficient?
Lord Henley
My Lords, my noble friend is right to draw attention to the dangers of this disease, which I think was first discovered in viburnam. It then moved to rhododendrons and bilberries, but then, far more alarmingly, it moved into Japanese larch where it is difficult to detect other than from above by use of helicopters. We have put considerable funds into research into it. Defra is funding a five-year £25 million programme against this organism and against Phytophthora kernoviae. We will continue to assess what is happening. At the moment the advice is that the best possible policy is to fell the timber. Some of it is on Forestry Commission estate, some is on private estates. We will continue to do that as appropriate, particularly in the west of England.
Baroness Sharples
Can my noble friend tell me how one recognises this disease?
Lord Henley
My Lords, we recognise it in its early stages by identifying it flying above the woodlands because it seems to appear in the top of the larch when the larch is in needle. As the noble Baroness will know, Japanese larch is deciduous so one can identify this organism only in the summer and spring. However, we have made great progress in identifying possible areas where it occurs and then going into the woods on foot to identify it.
Baroness Quin
My Lords, it is clear that the Forestry Commission is well aware of the risks associated with not treating or responding to this disease. However, as revealed by the commission in a recent memo to staff, it is equally clear that the Government have not given it funding to deal with it. To use its words:
“There is no capacity to deal with costs of disease or other calamity”.
Why have the Government not allocated money to the Forestry Commission to deal with this very real threat, which the noble Lord has outlined? Furthermore, how do they expect voluntary groups to be able to fund these crucial activities on top of buying forests at market rates?
Lord Henley
The noble Baroness is being somewhat misleading. I have made it very clear that we have a £25 million programme over five years to identify ways of dealing with this disease. That is the important matter. As with all plant diseases, it is then a matter for the individual owners, whether they be the Forestry Commission or others, to take appropriate action to fell that timber and sell it on the open market because it still has some value, even if that is depressed. Compensation for felling trees has never been paid, under either this Government or previous Administrations, when a plant disease of this sort occurs, and we will continue with that process. However, we think that the Forestry Commission is perfectly adequately funded to do this. Further, parts of FERA—the plant health division—are actively recruiting extra staff, particularly to identify diseases at airports and other locations, to try to prevent any more diseases of this sort coming into the country.
The Lord Bishop of Exeter
The south-west is one of the epicentres of this virulent infection, which one expert has said could impact on woodland management and forestry in the same way that FMD did on dairy and beef farming. Will the Minister comment on lessons, both positive and negative, that have been learnt from the way in which Dutch elm disease was handled in the 1970s?
Lord Henley
My Lords, obviously we want to learn from that. I appreciate what the right reverend Prelate had to say. The disease is largely in the south-west at the moment and that is where most of the timber is affected. That is why we are trying to clear fell as much as possible not only of Japanese larch but of rhododendrons, which are the sporulating species that are likely to spread this disease. As the right reverend Prelate will be aware, rhododendron grows close to the ground. The Japanese larch, being tall trees, will allow this disease to spread over greater distances. That is why we are moving very fast to get as much as possible of the almost 8,000 acres felled as soon as possible.
Baroness Trumpington
My Lords, first it was the elm, then the oak and the horse chestnut. Is there something sinister in all this? Is it climatic and do neighbouring countries suffer from the same diseases in the same breeds of trees?
Lord Henley
My Lords, Phytophthora ramorum appeared in this country and on the west coast of the United States at the same time. It is called sudden oak disease because in the United States it is killing off oaks in very large numbers. In this country it has affected five oaks, but it has translated itself from the rhododendron to the Japanese larch, which is a major forestry tree. That is why we are very worried. My noble friend is right to point to a number of other diseases. I refer also to acute oak decline, the oak processionary moth, the red band needle blight, which affects Corsican pine, and the horse chestnut bleeding canker. We are well aware of these dangers and are conducting research into them. We will continue to carry out all the appropriate research that we can. These diseases might result from climate change or a host of other things. The department, the Forestry Commission and FERA will continue to research all possible methods of controlling such diseases.
Agriculture: Dairy Industry
Lord Henley Excerpts(13 years, 3 months ago)
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The Lord Bishop of Wakefield
To ask Her Majesty’s Government what assessment they have made of the impact of the recent low prices for milk in the major supermarkets on the United Kingdom dairy industry and its long-term sustainability.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
My Lords, there is no simple link between supermarket retail prices and farm-gate prices. Producers in dedicated supply groups for individual supermarkets tend to receive the highest prices for their milk. The Government believe that the market must drive price levels. It is important that large retailers cannot abuse power by transferring excessive risks or unexpected costs onto their suppliers. We therefore propose to establish a groceries code adjudicator to monitor and enforce the groceries supply code of practice.
The Lord Bishop of Wakefield
My Lords, I thank the noble Lord for his answer, but the situation has become even more serious. Last Friday, 4 February, the NFU published a report noting a £330 million gap between the price paid for milk and the cost of production. It is ironic that many demonstrations outside supermarket depots belong to a company that was once a co-operative of northern dairy farmers. In the light of that, will Her Majesty’s Government urgently support the European Commission’s dairy package to change the way milk contracts and supply chain contracts are negotiated?
Lord Henley
My Lords, I ought to make it clear that prices have in fact gone up somewhat. The average price in December was 26.4 pence per litre, which was a 5.8 per cent increase on a year ago. However, I appreciate that other prices for dairy producers have gone up just as fast and that they are facing quite severe problems. As regards the work being done in the EU, I think that the right reverend Prelate referred to the High Level Group on dairy. We will certainly be making appropriate comments on that and feeding in our views to what the Commission is proposing.
Lord Lea of Crondall
As I understand it, there are 17,000 dairy farms in this country and the average dairy farm gets a subsidy of £30,000 a year, which by my arithmetic is £500 million. There are 2 million cows, so each cow gets £250. I am sure the NFU will say that the cow does not get it and that the farmer does not get it. So who does get it? Could it be that the processors get it, the supermarkets get it, or the consumer gets it? Somebody must get it, so should there not be something like the Office for Budget Responsibility or the new adjudicator to clarify analytically who does get it?
Lord Henley
My Lords, I cannot confirm or deny the figures produced by the noble Lord, but I can give him an assurance that subsidies go to the farmers and not to the cows as I imagine that the cows do not have bank accounts.
Baroness Parminter
Does the Minister agree that a 3,700-cow mega dairy in Lincolnshire will be as much of a nail in the coffin for the competitiveness of small British dairy farmers as the unopposed arm lock of the supermarkets over farmers with their milk prices?
Lord Henley
My Lords, I am not going to comment on individual applications by individual farmers or farming groups for their own planning consents, but the point that should be made in terms of our own interests in this is that the welfare of the animal must always be supreme. We believe that with proper stockmanship and so on, the welfare of animals can be maintained on big farms as well as on small farms.
Lord Sewel
Can the Minister clarify into which schedule of the Public Bodies Bill the groceries adjudicator, or whatever it is, will be placed?
Lord Henley
The noble Lord will be pleased to hear that the groceries code adjudicator will not be in that Bill, but in a separate Bill being introduced by colleagues in the Department for Business, Innovation and Skills. I look forward to the Bill coming before this House in due course.
The Countess of Mar
My Lords, the noble Lord hinted that farmers who act co-operatively succeed in getting better prices for their milk than those who act alone. As the British farmer has such a poor record of co-operating with his fellow farmers, what will Her Majesty’s Government do to encourage farmers in order for them to get a better price for their milk?
Lord Henley
I am not sure that the noble Countess is in fact correct. The highest prices being paid for milk at the moment are coming from Wiseman Dairies with its direct contract for Tesco and the lowest current prices are from one of the farmers’ co-operative groups. I do not know whether the two are connected, but certainly it is a matter for individual farmers to decide whether they want to act together, not one for Her Majesty’s Government.
Lord Grantchester
We welcome and take encouragement from the fact that the Government are continuing with the previous Administration’s Dairy Supply Chain Forum as a mechanism to keep in close contact with the industry. Does the Minister agree that the dairy market is not dysfunctional, that the industry’s prospects are positive and that it is undertaking significant investment with a value added strategy? Price rises are feeding through what are now much better integrated relationships. Does he further agree that the problems facing dairy farmers are more the result of volatility in input costs rather than from supermarkets? I declare my interests in dairying.
Lord Henley
My Lords, I can agree with much of what the noble Lord has said. Obviously, individual dairy farmers are facing problems, and we saw a decline of 4.7 per cent in their number last year. But as the noble Lord said, prices are increasing somewhat at the moment, even though there is considerable volatility in the other prices dairy farmers have to face in terms of their milk production.
The Lord Bishop of Exeter
My Lords, I am delighted to know that the Government are still committed to bringing in a Bill to establish the office of the groceries code adjudicator. Given the seriousness of the situation that we face in dairying and other aspects of farming at present, when is that Bill likely to be brought before the House?
Lord Henley
My Lords, my understanding is that there is a good chance that it will start in another place first some time this Session, but I cannot give any precise timing at this stage.
The Earl of Sandwich
My Lords, the adjudicator was going to be situated in the Office of Fair Trading. Can the Minister confirm that the Office of Fair Trading is to be abolished? In which case, the adjudicator will have to be situated in the Competition Commission, which is also to be abolished.
Lord Henley
My Lords, I am not sure at the moment where the groceries code adjudicator will be sitting, but I can assure the noble Earl that he will sit somewhere where he can do the job that he will be asked to do as effectively as possible.
Lord Phillips of Sudbury
My Lords, will the Minister also look at the impact of predatory pricing on small, local convenience shops, which make a great contribution to their communities?
Lord Henley
My Lords, that is obviously a matter that ought to be looked at but I think everyone should welcome the fact that supermarkets deliver low prices not only for milk but for other matters as well. The consumer would welcome that.
Japan: Whaling
Lord Henley Excerpts(13 years, 3 months ago)
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The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
My Lords, the Foreign Secretary and other Ministers, including those from my department, raised whaling with the Japanese Government on several occasions last year. Through the International Whaling Commission and the global convention for whaling, the United Kingdom regularly states our opposition to whaling by Japan and objects to its so-called scientific whaling in north Pacific and Antarctic waters. Japan’s action undermines the moratorium on commercial whaling, the southern ocean whale sanctuary and international efforts to conserve and protect whales.
Baroness Parminter
I thank the Minister for that response. Japan has been seeking to put pressure on the International Whaling Commission to lift its ban on commercial whaling. Can the Minister assure the House that the Government will support the IWC secretariat as it seeks to improve governance in the light of allegations of vote buying and corruption, in the lead-up to its meeting in the Channel Islands this summer?
Lord Henley
My Lords, we have no direct evidence of vote buying or corruption, although I have to say that some of the voting at last year's IWC meeting in Agadir seemed somewhat odd and possibly resembles the Eurovision Song Contest. Having said that, we will continue to press our case at this year's IWC, and I hope that we will achieve similar success to what we achieved last year at Agadir.
Baroness Quin
My Lords, I welcome the fact that despite the change of government, UK policy on whaling seems to have emerged unscathed and unchanged. Given that the UK will be hosting the next IWC meeting, the importance of preparing for this meeting is even more pressing. From his contacts so far, how does the Minister assess the prospects for reform of the IWC at that meeting, and how does he assess the likelihood of getting together the alliance that we need to promote the policies that the UK Government favour?
Lord Henley
My Lords, first, I thank the noble Baroness for her comments. We will certainly continue with the policy on which Her Majesty's Governments—of all parties—have concluded for a number of years. We will continue to work with the IWC and hope to achieve success there. The important thing is that we also work within the EU to ensure that the EU speaks with a united voice on these matters. I offer praise to my honourable friend Mr Benyon, who last year at Agadir got the EU to speak as one bloc on the matter. It is very important that the EU continues to do that at St Helier this summer.
Lord Greaves
My noble friend mentioned the EU. Iceland is at the moment negotiating to join the EU. Last year, the Prime Minister suggested that if Iceland is to join the EU, it should cease whaling in its territorial waters. Has any progress been made with that proposal?
Lord Henley
Our views and the views of other member states have been made fairly clear to Iceland. Put very simply, it has been advised that whaling is possibly incompatible with EU membership.
Lord Boswell of Aynho
My Lords, I welcome what my noble friend said. Is he aware of anything at all of scientific interest that has emerged from the Japanese practice of capturing whales for allegedly scientific purposes?
Lord Henley
My Lords, I am not aware, and that is why the words I used in my original Answer were “so-called scientific whaling”.
Lord Dubs
My Lords, in advance of the meeting of the International Whaling Commission in July, are the Government exerting maximum pressure on all countries that are reasonably sympathetic to us—for example, Norway—that still practise whaling? Would it not be right to press very hard before the meeting in July rather than leaving it until July to exercise our influence?
Lord Henley
My Lords, the noble Lord makes a very good point, and we will continue to exert pressure on all the relevant states. He is right to draw attention to Norway, which is one of the countries that continues to practise whaling. We will continue to do so before the IWC and at the IWC itself.
The Countess of Mar
What is the current situation with the whale population? Are there still whales on the list of endangered species?
Lord Henley
My Lords, I understand that there are still whales on the endangered list, but the general agreement is that whaling should stop. That is what the IWC is seeking and what we, along with a number of other countries, are pressing for.
Forestry Commission
Lord Henley Excerpts(13 years, 3 months ago)
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Lord Clark of Windermere
To ask Her Majesty’s Government what are the expected social benefits from the sale of Forestry Commission land.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
My Lords, the consultation on the future of the public forest estate, published last Thursday, proposes new ownership and management models which will maintain the benefits which the estate currently provides. There are additional benefits, too. For example, transferring heritage forests to charities will allow stakeholders to have a far more significant role in their care and protection, and providing opportunities for community and civil society groups to buy or lease forests will bring high levels of local knowledge and enthusiasm to their management.
Lord Clark of Windermere
My Lords, I thank the Minister for his Answer. I want to ask him a very specific question. There is currently de facto access on foot to virtually all the public forest estate. There is de facto access by bicycle to virtually 100 per cent of the forest estate. There is also a great deal of access for horses. Will the Minister give the guarantee to the House this afternoon that if there were to be a transfer of land from the Forestry Commission, there would be no decrease whatever in any of those levels of access—on foot, by bicycle or for horses?
Lord Henley
The noble Lord is a very distinguished former chair of the Forestry Commission. He will know that what he said is not strictly speaking accurate and that something of the order of 20 per cent of the forestry estate has no access because it is on leasehold land and access was never granted to it. He will also know that under his watch and that of the Labour Government, some 25,000 acres were sold without any safeguard whatever. I can give examples of woods that are now locked as a result of that, one of which is quite close to where the noble Lord was speaking only last week at a rally in Cumbria. As he will know from our consultation, we are very anxious to maintain access. Where we lease land, as we propose in the consultation, we will be able to provide secure conditions for it and will do what is appropriate at the time.
Lord Boyce
My Lords, I am sure that the Minister agrees that preserving our heritage conveys a very special social benefit. In that context, I would be grateful if he would say what plans the Government have to treat ancient woodlands as a special category? Furthermore, will the Government make available the appropriate resources if they are to hand over to charities and communities responsibility for their preservation?
Lord Henley
My Lords, I am very grateful to the noble and gallant Lord for mentioning our ancient woodlands and heritage forests. What we are setting out in relation to, for example, the New Forest and the Forest of Dean, is the idea that they should be taken over by charities. We are thinking of something possibly along the lines of what we have proposed for the British Waterways Board, where we have provided the money for it, in effect, to be mutualised. We are looking also at the charities option. All these options are laid out in the consultation document. I would advise the noble and gallant Lord to study it and produce his responses in due course, but I can offer a guarantee that our ancient woodlands will be protected appropriately—that is what we want. We are looking to realise assets on commercial forestry in places such as Kielder.
Lord Greaves
My Lords, the comprehensive spending review put forward proposals to sell 15 per cent of the forestry estate within the next four years. As that is possible under existing legislation, what is the rush to legislate for forestry in the Public Bodies Bill? Why does it have to take place now rather than at greater leisure in the next Defra Bill that comes along?
Lord Henley
My Lords, I am not sure that there is a Defra Bill in the pipeline, but I cannot comment on that. We are seeking powers to take the appropriate steps with regard to the Forestry Commission and the forestry estate in the Public Bodies Bill. We are looking not at an immediate sell-off of the entire estate, but at a process that will take place over a number of years. My noble friend need not worry about that.
The Lord Bishop of Guildford
My Lords, is the noble Lord aware of the rights—or, rather, the lack of them—of those who live in or by our forestry estates and of the reasons why Parliament in 1981, with the support of all sides of your Lordships’ House and the other place, exempted the Forest of Dean from, I use shorthand, “sale”, and thus the reasons why the right reverend Prelate the Bishop of Gloucester, my brother, will present an amendment to the Public Bodies Bill? I speak as a householder in the Forest of Dean.
Lord Henley
My Lords, I remember the Bill in 1981. Although I cannot remember specific parts of it, I am aware of the concerns relating to the Forest of Dean. I know that the Leader of the Opposition also has concerns about this. We will look at the amendments from the right reverend Prelate’s colleague when we get to that stage—if we ever do—in the Public Bodies Bill, and we will then respond in the appropriate manner.
Baroness Quin
My Lords, how does the Minister justify the classification of forests in the consultation document and how was it decided? While I hope we all agree on the importance of the Forest of Dean and the New Forest, describing a forest such as Kielder simply as “commercial” flies in the face of the fact that it contains 31 areas of special scientific interest, is home to most of England’s remaining red squirrels and has become increasingly important in recent years for tourism and recreation. How does the Minister justify this?
Lord Henley
As the noble Baroness will be aware, it is commercial woodland on an area that used to be open moorland. She and I know that part of the country very well. It is now covered in what people refer to as serried ranks of conifers and should be treated as commercial woodland. The important point is that the manner by which we propose to realise assets from it will mean that we can protect various areas. The sales conducted by the previous Government of some 25,000 acres were made without any protection whatever.
Lord Scott of Foscote
My Lords, is there any reason why, before any sale, the Forestry Commission should not create a public right of way over many of the paths in each and every piece of freehold woodland, which would be enforceable against purchasers and would persist as do all other public rights of way?
Lord Henley
My Lords, that would be possible on freehold land. We believe that by leasing land rather than selling it as freehold, one can impose greater conditions and ones that are easier to enforce. As a much greater lawyer than me, the noble and learned Lord will know that covenants imposed when land is sold are easily avoided when it moves on to a subsequent owner.
Defra: Disease Outbreaks
Lord Henley Excerpts(13 years, 3 months ago)
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The Countess of Mar
To ask Her Majesty’s Government what contingency funding the Department for Environment, Food and Rural Affairs has for disease outbreaks.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
My Lords, no specific funding is set aside for disease outbreaks. However, we do a great deal of work preparing for disease outbreaks to prevent incursions and to minimise impact in the event of an outbreak.
The Countess of Mar
My Lords, I thank the Minister for that reply. Does he appreciate that this is the 10th year since the foot and mouth epidemic in 2001 and that Exercise Silver Birch seemed to demonstrate that we have not progressed much further with, for example, the validation of field gate tests and the acceptance of vaccination by abattoirs? The excuse given by the trade is, apparently, that the public do not like vaccination, but the public eat vaccinated meat all the time. What is being done to improve the validation of field-side tests, blood tests that distinguish between vaccinated and non-vaccinated animals and farm gate tests?
Lord Henley
My Lords, I am grateful to the noble Countess for reminding us that it is only 10 years since the last major outbreak of foot and mouth, which she, I and many others remember well. I am also grateful to her for mentioning Exercise Silver Birch, which has recently concluded. It was a fairly major exercise organised by Defra, the devolved Administrations and many others, in which more than 600 people took part to look at how a foot and mouth outbreak might affect England, Scotland and Wales. The important thing to remember about it is that it will report in due course. I hope that lessons can be learnt from the report when it is published in, we hope, March of this year. That will probably be when I can comment in more detail on the further points that the noble Countess made, which are very valid at this stage.
Lord Plumb
Does the Minister agree that contingency planning and funding are becoming more important, as exotic diseases will probably come into this country through greater globalisation and climate change? Does he accept that, in the ongoing situation, there should be more contingency planning to deal with outbreaks of TB? We are still losing something like 100 cattle a day through tuberculosis. I accept that much is being done, but is Defra satisfied with the efficacy of the vaccine for badgers?
Lord Henley
My Lords, my noble friend is right to point to the importance of contingency planning, rather than contingency funding. The important thing is that we plan for these situations. I can give an assurance that Defra has planned and will continue to plan and test for all diseases. I also underline his point about the increasing risk of exotic diseases, which is one possible consequence of climate change. As regards his specific question about the efficacy of the badger vaccine, I can give an assurance that laboratory studies have demonstrated that the vaccination of badgers by injection with BCG significantly reduces the progression, severity and excretion of TB infection after experimental challenge. However, we still have a little way to go on these matters before we can make such vaccines more widely available.
Lord Pearson of Rannoch
My Lords, is it not true that our reaction to the last foot and mouth outbreak was almost entirely dictated by Brussels? If the common agricultural policy still controls such matters, how can we make independent plans for any contingency funding?
Lord Henley
My Lords, I am talking about contingency planning, rather than contingency funding. However, I give an assurance that Defra will continue to make the appropriate plans in these matters, on which we are not totally dictated to by the European Union, despite what the noble Lord says.
The Lord Bishop of Hereford
My Lords, I am pleased to hear the Minister speak about contingency planning, but clearly different diseases need different kinds of plans. I would like some assurance that the different plans for the different diseases will be sufficiently straightforward and easily implemented if they should be needed. Secondly, will there be sufficient funding to maintain UK-based food production, which is so vital, should there unfortunately be a disease outbreak disaster again in the future?
Lord Henley
I thank the right reverend Prelate for his question. I remind him that planning is the most important thing, rather than funding. If funding is a problem, that would be an occasion, as I think all noble Lords know, when it might be appropriate to go to the Treasury to ask for more funds. I will not comment on that in advance. As regards his question about the possibility of food shortages, I do not think that that is a problem at this stage but, again, it is something that Defra will take into account.
Lord Soulsby of Swaffham Prior
My Lords, what arrangements have the Government made to recruit veterinary surgeons from private veterinary practice to undertake inspection and control work in the event of a major disease outbreak in this country? Would the Government offer contracts to those people who are willing to undertake such work?
Lord Henley
My Lords, I cannot give a specific answer on the last point made by my noble friend, but I can assure him that we will use private vets where necessary in the event of a major outbreak.
Lord Grantchester
To build on the question asked by the noble Lord, Lord Soulsby, I should like to continue with the issue of the everyday challenge of TB in cattle. I declare my interest, having sold my dairy herd last year. From the recent business review within the noble Lord’s department, the decision was taken to bring veterinary services back in house, rather than contract out to local vets. The lack of commercial flexibility in these new arrangements and a lack of local knowledge of farming clients have disrupted the concerted and co-ordinated efforts to minimise disease risk and to avoid disruption to trade from pre-movement testing and the six-day rule, to say nothing of the everyday challenges and redundancies brought to independent veterinary practices. Will the Minister ask his department to assess whether this policy is working effectively for disease control and livelihoods in the countryside?
Lord Henley
My Lords, the noble Lord will be aware that our consultation on bovine TB concluded recently. We will make an announcement shortly.
Birds: Farmland Populations
Lord Henley Excerpts(13 years, 4 months ago)
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Lord Rotherwick
To ask Her Majesty’s Government what steps they intend to take regarding the decline of farmland bird populations.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
My Lords, agri-environment schemes, such as Environmental Stewardship, are currently delivering improvements to farmland bird habitats, with nearly 70 per cent of English farmland within such schemes. Improving habitats can help to increase population numbers, but we are also reviewing how we can deliver Environmental Stewardship schemes to deliver better outcomes.
In addition, Defra is committed to developing a new biodiversity strategy by spring 2011 setting out our approach to conserving biodiversity in England.
Lord Rotherwick
I thank my noble friend for his comforting words, which will comfort all farmers like me. But are the Government still committed to halting the decline in farmland birds by 2020? Is he aware that, in 1970, the conservation spend was around £10 million? We now spend hundreds of millions of pounds on conservation to halt this decline. Would the Government consider commissioning an experimental survey on the predation of farmland birds so that we have a better understanding of why over the past 40 years there has been a continuing steady decline in farmland birds?
Lord Henley
My Lords, my noble friend is quite right to say that there has been a decline: we have figures that show that that is happening. It is difficult to take figures from one year to the next, but over the period there has been a steady decline. The precise causes of that decline are another matter, but my noble friend is right to point out that predation is obviously one among many causes. The important thing is that all those involved in the management and ownership of land do what they can by involving themselves in these schemes and in terms of predator control and general management to do their best to improve the environment for farmland birds.
Lord Krebs
My Lords, I declare an interest in that a considerable body of the research on this topic has been carried out by my students at the University of Oxford. Does the Minister agree with the results of a study from the University of Leeds by Professor Benton that was published last year, which showed that organic farming is not more beneficial to wildlife, including bird populations, contrary to the claims of many in the organic industry?
Lord Henley
My Lords, I have not seen that study, but I will certainly take the opportunity to look at it and respond to noble Lord in due course. The important thing, as I made clear in my Answer to my noble friend, is that we encourage as many people as possible to do many different things under the schemes to create as much diversity as possible. In the end, that is bound to improve the habitat of birds.
Lord Tebbit
Does my noble friend agree that well keepered sporting estates tend to have a greater variety of wildlife, particularly small birds, songbirds and the like, as those who spend any time on such estates know well?
Lord Henley
My Lords, my noble friend is absolutely correct and I am grateful for the opportunity to endorse everything he said.
Baroness Parminter
My Lords, can my noble friend give the House an update on the progress of the Campaign for the Farmed Environment, particularly the increase in in-field options that many farmland birds rely on for nesting and feeding?
Lord Henley
As my noble friend is fully aware, we continue to support the Campaign for the Farmed Environment along with all the other bodies such as the RSPB, the NFU, the British Trust for Ornithology, CLA and the Game & Wildlife Conservation Trust. They support it, we support it and we will continue to support those bodies and provide something of the order of £1.5 million over the next three years. I endorse what my noble friend said about the particular scheme that she mentioned.
The Countess of Mar
My Lords, does the Minister agree that for many years modern farming methods were accused of reducing the habitat for farmland birds, but that has now changed with the environmental support that people get? The Minister said that the control of predators was one of Defra’s aims. Unfortunately, many of these predators are protected, such as the raptors, badgers and hedgehogs. How can farmland birds be protected at the same time as those animals?
Lord Henley
My Lords, I did not say that it was an aim of Defra: I said that control of predators where possible was one matter among many that should be addressed by all those involved in farming and the management of land. That would help to increase the diversity around and improve the habitat for the birds that we are so concerned about.
Baroness Quin
My Lords, given the difficulty in halting the decline of farmland birds, despite the huge efforts of volunteers and despite the environmental schemes that we have, will the department bring together all the interested parties to try to work out an effective way forward? Will the Minister also give a firm commitment to continue funding the environmental schemes such as the Higher Level Scheme, which seem to have been more effective in tackling this problem than others?
Lord Henley
My Lords, I would have thought that what we do for the Campaign for the Farmed Environment is exactly what the noble Baroness is talking about in terms of the leadership that she would like from Defra. We will continue to support its work and support agri-environment schemes because we think that they are one way forward to help improve biodiversity for birds. Obviously, they take a very long time before they have any effect on the decline in birds which, as my noble friend made clear, has been going on some 40 years.
Baroness Masham of Ilton
My Lords, is there a fear of bird flu? Could that be one of the reasons for the decline?
Lord Henley
My Lords, I think that goes slightly beyond the Question on the Order Paper, but I am not aware of any fear of bird flu affecting farmland birds, to which this Question refers.
Public Bodies Bill [HL]
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Lord Grantchester
My Lords, I compliment the speakers this evening on giving their thoughts on the Inland Waterways Advisory Council. I suggest that this body has been included in this part of the Bill to add some weight, but the timing has not been properly considered. In rural areas, the inland waterways are a thriving enterprise for a lot of people. Volunteers undertake restoration and development work, which offers enjoyment to many people along the waterways, reconstructing our industrial heritage and providing diversification opportunities in rural areas. I tease the Minister when I say that we are not looking at a dead parrot. This situation is working extremely well. I ask him to consider the thoughts of all the noble Lords who have spoken tonight, to clarify some of the background as to why British Waterways is one of only nine bodies in the Public Bodies Bill being made into a charity, to expand the Government’s thoughts on why they think that British Waterways is best suited to charitable status and to say how, given its activities, it is likely to be able to raise the funds necessary to continue to provide all these excellent opportunities in development and restoration in rural areas for our wonderful waterways.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
My Lords, we will come to the final point made by the noble Lord, Lord Grantchester, when we get to Amendment 86. I offer my congratulations to the noble Lords, Lord Faulkner of Worcester and Lord Berkeley, on avoiding the whole wider question of the British Waterways Board, which we will deal with at that point.
The noble Lord, Lord Whitty, asked whether this was part of my brief. I can confirm by shaking my head that it is not part of my brief within the department. I will certainly discuss the matter with my honourable friend Mr Benyon. He might be prepared to take on dangerous dogs and in return I could have waterways. I could spend the weeks and months ahead cruising the waterways and avoiding this House until my noble friend the Chief Whip brings me back to reality. I make that point because it is important to remember, as other noble Lords have pointed out, the importance of the waterways and canals to all of us. Again, as I implied in my remark to the noble Lords, Lord Faulkner and Lord Berkeley, that is a wider question, which we will come to when we get to Amendment 86, which I do not suppose we will reach tonight.
We are debating not the British Waterways Board but the Inland Waterways Advisory Council. I want to make it clear that, after careful consideration, the department, the Government and Ministers have decided that they no longer need a statutory arm’s-length body to help to develop policy for the inland waterways. Although the Inland Waterways Advisory Council has provided very useful input, policy development is rightly the role of government departments and Ministers working closely with delivery bodies and stakeholder representatives, including such bodies as the Association of Inland Navigation Authorities, as mentioned by my noble friend Lord Phillips and the noble Lord, Lord Whitty. We will continue to develop closer working relationships with all waterways interests. That will enable Ministers to benefit from more direct and tailored input into policy development.
Our proposal to move the British Waterways Board into civil society in April 2012 will also mean that, for the future, the Government will no longer need an organisation to provide advice on policy development. The Government and navigation authorities need to engage with stakeholders directly in the design, implementation and management of the new structure. The Government’s decision has been discussed with the chairman of the Inland Waterways Advisory Council and individual members of that authority have been notified.
That decision does not indicate that we will place any less emphasis on the importance of inland waterways. Indeed, the department will be more directly involved as it seeks to place inland waterways on a more sustainable footing through our work towards moving the British Waterways Board from being a public corporation, as has been mentioned, to a new charity in civil society. As I said, we will discuss that when we come to Amendment 86. For that reason, we do not think it necessary to continue to have the Inland Waterways Advisory Council. Noble Lords asked in simple terms how long it would stay around. We will consider precisely how long we need to keep the body in place when we have the results of the consultation on the British Waterways Board, which will be under way fairly soon.
Lord Phillips of Sudbury
I do not understand. Did my noble friend say that after the British Waterways Board is made an independent charity the Government would not need to have a policy in relation to inland waterways? If I have that wrong and the Government will still need a policy in relation to inland waterways—and it seems to me that they will—I still do not see what is wrong with this body as the conduit for that.
Lord Henley
The Government will always need to have a policy on these and a great deal of other matters, but policy should be a matter for the department, Ministers and the Government and not for a body such as this. Therefore, we do not see that it is necessary in the future. I cannot give a precise time as to when this body will disappear. That will be part of the wider consultation on the British Waterways Board and what we propose to create there. That, as I said, is something that we will discuss on a later amendment. With that explanation of our intentions, I hope that the noble Lord, Lord Faulkner, will feel able to withdraw his amendment.
EU: Common Fisheries Policy
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Lord Eden of Winton
To ask Her Majesty’s Government what steps they are taking to promote reform of the European Union’s common fisheries policy.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Henley)
The Commission’s Green Paper, issued last year, provides a compelling case for radical reform of the common fisheries policy. We are calling for fundamental changes that simplify and decentralise fisheries management, enabling those closest to fisheries to plan for the long term and giving fishermen greater incentive to fish sustainably. We are working with other member states, EU institutions and stakeholders to build support for major reform ahead of negotiations next year.
Lord Eden of Winton
My Lords, I thank my noble friend for that encouraging reply. I also congratulate his colleague in the other place, Mr Richard Benyon, for his energetic work in this sector. However, can the Minister explain why, when the facts have been known for decades to all EU Governments, the appallingly wasteful and utterly indefensible practice of discards continues? Did not the European Commission itself many years ago estimate that in some species in some locations as much as 70 per cent of fish mortality was due to discards? How much longer must we wait? Why do we have to go on beyond perhaps 2012 before any effective action is taken to stop this reprehensible plunder of our oceans’ resources?
Lord Henley
My Lords, my noble friend is absolutely right. It is a disgrace. However, we are where we are. The common fisheries policy was last reformed in 2002 and I imagine that there are noble Lords opposite who remember with some feeling taking part in that process. We are determined to try and get the policy properly reformed on this occasion—it happens on a 10-year cycle. We are grateful that the Commission now seems to recognise the problems that we face. As for discards, we, and I think the Commission, are determined to reduce this wasteful and horrendous practice. There must be a focus on catches—what is taken from the sea—rather than on landings. By that means we hope we can get rid of discards in their entirety.
Lord Sewel
My Lords, the Minister will recall that your Lordships’ European Union Committee has been a strong advocate of the reform of the common fisheries policy and, as part of that reform, the move to local management of fisheries, whereby you get stakeholder involvement. Does he consider that the reform in that direction has suffered a huge and possibly fatal blow, because of the reported and successfully prosecuted illegal landings of huge value—many millions of pounds—that have come to light through the Scottish courts over this summer, as a result of the activities of the Shetland pelagic fleet?
Lord Henley
My Lords, no I do not think that it has suffered a blow. The important thing is that your Lordships’ committee, this House, the Government, many member states and the Commission all now believe that reform of the CFP is necessary and desirable. As part of that process, we will push for greater regionalisation in decision-making, as we think that that will lead in the end to a much better process. We are fortunate to have reached a stage where there is slightly more agreement than there has been in the past. We want to build on that.
Lord Hunt of Chesterton
My Lords, does the Minister agree that the data about the state of fishing that were referred to in the supplementary question are much less complete than they should be? The only data on the decline of fisheries available to the pre-legislative scrutiny committee on the marine Bill came from an official of the EU. I am afraid that our colleagues in Defra were extremely reluctant to give us any substantive figures, and even now many of its documents are very weak in this area. Can we be given the facts both from the UK's and the EU’s point of view, because that should be an important part of revising this policy?
Lord Henley
My Lords, we would always like more data on these matters. I will take up the noble Lord’s point with officials to see whether we can provide better data for future debates.
Lord Pearson of Rannoch
My Lords, is the noble Lord aware that the previous Government admitted that only eight other countries support us in the reform of the CFP and the common agricultural policy? Did not 70 per cent of all the fish that swim in the EU waters used to swim in British waters? Is not the obvious answer to repatriate the common fisheries policy, practise our own discard-free conservation and lease out the surplus to foreigners?
Lord Henley
My Lords, as my children say to me, I will say to the noble Lord, “Get real”. If we simply try to tear up the common fisheries policy, we are not going to get anywhere. We are in the business of negotiating with others in the EU. We are in a happy state of affairs where we have agreement from a lot of other countries as well as from the Commission that reform is necessary and desirable. Therefore, we will go ahead and see what we can achieve.
Lord Greaves
My Lords, is it not extraordinary that the noble Lord, Lord Pearson of Rannoch, believes that fish know where the international boundaries are in the sea? Does the Minister agree with the words of Commissioner Maria Damanaki at the Fisheries Council last week that reform of the policy in future must lie with science-based management?
Lord Brooke of Alverthorpe
What is the Government's position on the selling of fishing quotas? Does the Minister agree that a substantial number of quotas have been sold to foreign fisheries by British fishermen? In the review of the common policy, will the Government take any steps to try to stop this?
Lord Henley
My Lords, it is entirely legal and a matter for those selling their rights to fish. We will develop our views on this as the negotiations continue.
Welfare of Farmed Animals (England) (Amendment) Regulations 2010
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Lord Henley
That the draft regulations laid before the House on 8 November be approved.
Relevant Documents: 7th and 8th Reports from the Joint Committee on Statutory Instruments, considered in Grand Committee on 8 December.