Songbirds

Lord Hope of Craighead Excerpts

Thursday 28th June 2018 Grand Committee

[Lord Hope of Craighead (CB)]

My Lords, I too am grateful to the noble Earl for securing this debate on a troublesome subject. I have to declare one interest as the holder of a licence: a ringing permit from the British Trust for Ornithology. For over 50 years, I have been handling LBJs in migration stations in the Firth of Forth.

That there is a serious decline in the numbers of our songbirds is undeniable. Some species are more affected than others but I cannot think of a single songbird species that is more abundant than it was over 20 years ago. When I think about the reasons for this, threats from non-native species are not high on my list. On my list are the various challenges, almost all manmade, which affect birds that migrate and affect the places where they wish to breed when they get here.

Almost all our songbirds migrate to some extent but the worst affected are the insect-eating birds that migrate south to Africa. They face increasing obstacles that affect their ability to survive the journey. Climate change dries out areas where previously they could rest and feed; there are changes in land use; stopover sites which were previously available leave them starving for food which they need as fuel for their journeys. Then there is the appalling slaughter of birds in some parts of southern Europe where the traditional pursuits of capturing and killing songbirds still live on, despite the EU directives. It has been estimated that more than 11 million birds are killed or captured in the Mediterranean region every year. Can the Minister assure us that we will continue to press the Governments of the countries involved to stamp out this practice as vigorously as possible? The environment that the birds breed in once they get here is vital too. We need to conserve the hedgerows and meadows where our birds breed and replace those that have been lost. Are we doing enough in that area?

Predation by our own native species plays a significant part. I think of magpies, sparrow-hawks, stoats and hedgehogs. We have to accept these as part of the way that our natural environment works. On the whole, birds learn to cope with these hazards. I worry about magpies, however, a huge increase in the numbers of which seems to have coincided—at least in my area—with the decline in songbirds. I wish that something could be done to control their numbers but the Minister may agree that to try to interfere with the course of nature among our native species, so as to prefer one over another, would set an unfortunate precedent.

What about invasive non-native species such as the ring-necked parakeet, to which the noble Earl referred? It is non-native and, in some places, invasive. I would be interested to know, however, how much they affect the survival of songbirds. They compete with other hole-nesting birds but not all our songbirds nest in holes. They compete with those that rely on bird feeders and bird tables but not all our songbirds look to bird tables for their feeding; they feed on insects instead. Parakeets are by nature vegetarians. In India, where they come from, they take only seeds, flowers, fruits and nectar. For these reasons, I am not sure that there really is a case for controlling parakeets because they are a threat to songbirds. Of course the grey squirrel is the main non-native species that one might be really concerned about and there is a case for controlling their numbers. In my area of Scotland, we are fortunate because the squirrels are red but the threat of grey squirrels is very present not far away. I look forward to hearing from the Minister what progress has been made in controlling the numbers of grey squirrels.

This is a serious problem. I have two other interests that I should declare at this time: I am a member of the Scottish Ornithologists Club and of the Scottish Wildlife Trust, both of which do great work in trying to promote the interests of songbirds.

Brexit: Agriculture and Farm Animal Welfare (European Union Committee Report)

Lord Hope of Craighead Excerpts

Tuesday 17th October 2017 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I, too, congratulate the noble Lord, Lord Teverson, and his committee on their excellent and wide-ranging report on agriculture. Things have moved on a little since it was published last May and the Government issued their response to it. But for Scottish farmers, which is my area of interest, their future outside the EU is still a very uncertain world.

I am not a farmer or a landowner. My only qualification for contributing to this debate is that I own a small cottage which sits in the middle of a hill farm in East Perthshire and which is close to some of the best soft fruit-growing areas in the region of Tayside. The hill farm is typical of such places in our area. The only income, apart from the subsidy under the CAP, to which the noble Lord, Lord Whitty, just referred, comes from selling the stock produced on the farm. As the farm is organic, there are exacting EU rules that must be and are complied with. The weather is a frequent cause for concern. Heavy snow at lambing time can result in many losses. Late frosts and lack of rainfall may delay the growth of grass in the grazing areas, resulting in the need to buy in extra feed. The fact is that the subsidy is essential to the farm’s survival.

As for the fruit-growing areas in Tayside, raspberries and strawberries are now being farmed on an industrial scale. Access to a large and reliable workforce is crucial during the picking season, which can extend to as much as three or four months, due to the use of plastic tunnels and similar equipment. The bulk of this workforce is supplied by seasonal workers from the EU. Not nearly enough people live locally who are available or willing to do this work. Without certainty that this workforce will still be available after Brexit, these enterprises may have to close down and the industry disappear. So the effect of the vote to leave has been to create an increasing sense of uncertainty as we move closer to exit day.

There are three matters of particular concern: ensuring that the subsidy continues after Brexit; preserving and protecting the market for beef and lamb; and access to seasonal labour for the fruit growers. First, as the report makes clear, farmers in the devolved areas are proportionately heavily dependent on financial support from the EU. In Scotland, it comes in the form of the basic payment scheme, which is administered by the Scottish Government. In their reply to the report, the Government say that they will continue to commit the same cash total in funds for farm support until the end of this Parliament. So far, so good. But what will happen then? As each month passes, the end of this Parliament will draw closer, and there will be an increasing need for clarity as to what will happen after that. I appreciate that no Government can bind their successor, but it will not do for us to have to wait until the new Parliament has been elected to find out what will happen. Surely, some mechanism can be put in place so that farmers can be assured that the same amount of money, adjusted for inflation, will be available and ring-fenced for future years. The question of whether the current level of subsidy will continue beyond the life of this Parliament should not be allowed to remain unanswered for much longer.

Whether there will be continued access to the European market for Scotch beef and lamb, and if not, what will replace it, is a matter of increasing concern as well. Some 89% of Scotland’s exports in beef and lamb goes to EU countries. Demand for these products remains strong but its future has now been put at risk by the vote to leave. The Government’s response is right to draw attention to the conflicting factors that are at play as plans are laid for the future. On the one hand, there is the risk of barriers being put in their way by excessive tariffs or excessive delays at our frontiers. On the other, as has been mentioned, cheap imports of beef and lamb from countries with whom we enter into new relationships, with less rigorous standards than our own, would make our home-produced stock uncompetitive.

Hill farms operate on narrow enough margins as it is. In their response, the Government say that they will work with the industry to build a new future when we leave the EU and that the maintenance of our existing high standards will be protected through domestic legislation. Can the noble Lord say what progress has been made in discussing these issues, especially with the devolved Administrations, and what form that legislation might take? Trade, of course, is a reserved matter, but agriculture is not. Scottish hill farmers need an assurance that their particular needs are being taken into account so that the work that they are doing to such high standards will continue to be profitable.

Lastly, in their response to the section of the report on filling the labour gap, the Government say that this will depend in the first instance on the ability to source workers from the domestic labour market. They say that there is not enough evidence to introduce a new seasonal agricultural workers scheme, although they will keep this position under review. The Minister should come to Tayside in the harvesting season to see what is going on there. Access to the willing and competent workforce which its EU workers provide is vital to its success. The fact is that that region’s domestic labour market cannot provide that kind of service. That may not be the case elsewhere—I do not know—but it is certainly no answer to the fruit-growers in Tayside.

In response to the section on devolution, the Government say that they are aware of the importance of agriculture to the devolved Administrations, and that they will work closely with them to address the issues specific to their industry. Are they willing to acknowledge that the opportunities for filling the labour gap might differ between one part of the country and another? Will consideration be given to allowing Scotland to have its own seasonal agricultural workers scheme? I hope that the noble Lord will be able to use his influence to see that it will.

Water Bill

Lord Hope of Craighead Excerpts

Tuesday 25th March 2014 Lords Chamber

[Lord Whitty (Lab)]

My Lords, I, too, have an amendment in this group which argues for retail exit, but adds a few provisos. The noble Lord, Lord Moynihan, has once again made a tremendous speech in favour of his amendment, which I would certainly support. I will not repeat the full range of his arguments. If he has not convinced all noble Lords, I am sure that I will not manage it, but it sounded pretty convincing to me. It boils down to the fact that if this Bill provides for orderly entrance to the market it needs to provide for orderly exit as well for a proper market to function.

In a sense it is pretty straightforward, and I find it difficult to understand why the Government have hitherto been resistant to this. In Committee the Minister’s objections were largely about investors’ uncertainty, which I never really bought. I felt that most investors in these fields would be more inclined to support a system of regulation which allowed them to exit from failing parts of the business rather than be put off by it. Indeed, that has been borne out by a number of potential investors writing to us since the Committee stage, including the one to which the noble Lord, Lord Moynihan, referred.

Since Committee, the Minister seems to have shifted to a concern for consumers, both business and domestic, who might be left stranded in certain circumstances. Indeed, as has been said, the Consumer Council for Water has expressed concern on that front. Amendment 54 attempts to meet those objections by making explicit some of the matters to which the noble Lord, Lord Moynihan, referred and puts a proviso and a brake on the implementation of those before they have been thoroughly examined. Of course, Ofwat already has the duty to ensure continuity of supply, so the likelihood of anyone being left stranded is remote. The requirement in my amendment is that the regulations should provide safeguards for all classes of consumers. It also provides a brake in the sense that the Secretary of State would have to approve any specific withdrawal. If the amendment of the noble Lord, Lord Moynihan, were to be accepted by the Government and the regulations drafted under it, we would certainly support that.

The Government have to think carefully now. In Committee there was a fair degree of support for the principles of these amendments. Given that widespread support, the support of the regulators, the support of many of the companies within the industry and the support of potential investors in the industry, the Government need to think where they are going to take it from here. Basically, they have three choices. They can accept the amendment of the noble Lord, Lord Moynihan, and promise to tidy it up a bit—and I hope incorporate parts of my amendment—for Third Reading; they can resist the amendment but promise to come back with something on Third Reading, which may be a more attractive proposition; or they can resist the amendment outright, in which case the noble Lord, Lord Moynihan, would have the support of these Benches if he decided to press it.

The ball is well and truly in the Minister’s court and I hope that he makes the right decision.

[Lord Hope of Craighead (CB)]

My Lords, perhaps I might intervene.

[Lord De Mauley]

I think I might be able to help the House. When it is my turn to speak, I will explain that the Government have recognised the strength of feeling in the House and are carefully considering the difficult issue of retail exits. I plan, as the noble Lord, Lord Whitty, suggested, to return to this issue at Third Reading. I will expand on that in a moment.

[Lord Hope of Craighead]

I am grateful. I intervene as a domestic consumer of the services of Scottish Water in Scotland merely to confirm that the passage the noble Lord, Lord Moynihan, read out at the end of his speech—from, I think, Scottish Water—conforms entirely to my own experience. Scottish Water has become much more visible in the past two or three years and, in my experience, provides an interesting and active service, not only in supplying water but in considering ways in which householders might be benefited by the services it can offer in support of that supply. I merely wish to make it clear that it is not only Scottish Water which says these things. Some of its consumers are very satisfied with its performance as well.

[Lord De Mauley]

My Lords, that is a helpful intervention.

I thank my noble friend Lord Moynihan and the noble Lord, Lord Whitty, for their amendments. We once again have two amendments seeking to allow retail exits but with slightly different approaches. Both amendments would allow the Secretary of State to make regulations that would allow an incumbent water company to transfer its customers to a person holding a licence. Amendment 40, tabled by my noble friend Lord Moynihan, would allow for transfers to a licensed associate of the incumbent, while Amendment 54, tabled by the noble Lord, Lord Whitty, would allow for transfers to any company that holds a water supply licence. Amendment 54 does not allow for the exit of the retail sewerage market but I assume that the intention is to allow incumbent companies that provide both water and sewerage retail services to exit those markets. As with other amendments we have seen, both these amendments allow for non-household customers to be transferred through powers laid out in regulations, but do not allow us to fill in any gaps relating to who will provide retail services to new customers following a transfer or how we would treat transferred customers, including those who wish to return to the incumbent.

Allowing customers to be transferred does not mean that the incumbent has completely exited the retail market. The incumbent will still have certain responsibilities to non-household customers in its area of appointment and will therefore remain very much within that market unless certain duties are removed from it or transferred to the licensee which takes over the customers. It is a halfway house that does not benefit anyone, least of all the incumbent which wants to avoid dealing with non-household customers completely. The value of exits to incumbents would be limited unless the ultimate duty of supply is also removed. Household customers who remain with the incumbent may even end up funding this residual capacity of the incumbent to serve the remaining non-household customers.

But, as I hinted earlier, I have listened carefully to the thoughtful and well informed contributions to the debate on retail exits both today and in Committee. It is clearly an issue on which many noble Lords hold strong views. There is widespread support for enabling voluntary exit from the non-household market, subject to the approval of the Secretary of State. We remain convinced that such approval would be critical to avoid any perception that this will permit forced separation, given the impact that that could have on investment in the sector. I therefore propose to take this issue away and consider it very carefully before Third Reading. I will aim to table an amendment that will build on the objectives of Amendments 40 and 54 in the names of my noble friend Lord Moynihan and the noble Lord, Lord Whitty, respectively, which seek to provide a means for voluntary non-household exit.

I should like to put on the record now that the only practical way of delivering what the noble Lords are seeking would be to take a very wide-ranging power. Extensive changes to the Water Industry Act 1991 would be needed, not least to address issues relating to the incumbent’s duties to supply and its other statutory obligations to customers. Given this commitment to respond to the mood of the House on this important matter, I ask my noble friend to withdraw his amendment.