Trees: British Ash Tree

Lord Knight of Weymouth Excerpts

Monday 5th November 2012 Lords Chamber

[Lord Knight of Weymouth]

My Lords, the noble Earl, Lord Selborne, is to be congratulated on securing and introducing this important debate so effectively. As others have said, it has been a high-quality debate, even at this late hour. In among the shambles of the Government’s handling of business in this House, it is most welcome that we have time to debate the future of such an important feature of the British landscape.

As others have said, this is a subject that the public care deeply about. We saw that over the forest privatisation proposals and I have seen it in the last 24 hours on this issue. Yesterday morning I tweeted:

“I am speaking in tomorrow’s Lords debate on the future of the British ash tree. What questions do you want me to ask the minister?”.

I have been inundated with responses—the biggest reaction to a single tweet that I have ever had. Having discovered something close to crowd-sourced opposition and direct democracy even in the House of Lords, I will try to base my contribution on what the public have said to me in the last 24 hours.

Several wanted me to focus on action now and into the future. I will try to do this, but I would like first to put on record my understanding of the chronology of the disease in this country. In 2009, as has been said, the Horticultural Trades Association warned that we should have a ban. The Forestry Commission and Defra scientists reflected the latest international scientific opinion of the time that the disease was actually a mutant of a pathogen already endemic in Britain. However, in 2010 the science changed. Chalara fraxinea was identified then as a new pathogen, named Hymenoscyphus pseudoalbidus and, as late as autumn 2011, the Forestry Commission confirmed that Britain was clear of the pathogen. It was then discovered in imported saplings in February this year.

Many correspondents to me want to know why the Government did not ban imports at that point. Why did we have to wait until infection reached trees in the wild? Given that this disease has had such a catastrophic effect on ash trees in continental Europe, should we not have been more sensitive to the threat? Given that, as Defra’s chief plant health officer, Martin Ward, said today:

“Aerial spread does not happen until the summer”,

would it not have been wise to impose the ban at the start of the summer? As Tony Juniper asked me:

“Why were we importing ash trees when there are hundreds of millions in the UK already? Which other native trees are at similar risk?”.

The subject of other species takes us on to the capacity of the Forestry Commission to deal with this threat. The commission’s February 2011 staff consultation document on redundancy, following its 25% cut in funding, said, under high-level risks on page 24:

“There is no capacity to deal with costs of disease or other calamity. (e.g. Phytophthora is currently an unfunded pressure for 2011/12.) Mitigation: ensure full awareness of this loss of capacity”.

Forest Research, which is part of the Forestry Commission, is losing 60 out of a total of 222 staff over the CSR period: a cut of 28%. Thirty-eight of these staff have already gone. I would be interested to know how the Minister squares this with what his ministerial colleague, David Heath, said in the other place: that there had been no cut-back in resources applied to plant health and tree health in this country. The seriousness of this is reinforced in an interesting blog by Gabriel Hemery:

“During 2012 alone tree scientists at Forest Research have had to face an Asian longhorn beetle outbreak, sweet chestnut blight, and ash dieback. This is in addition to oak processionary moth, Phytophthora ramorum in Larch, and acute oak decline that were already big-enough problems to tackle”.

We have also, over the weekend, read of raised concerns that Scots pine is under threat from similar pathogens. Can the Minister give reassurance that not only is there sufficient protection for the scientific resource needed to work on Chalara fraxinea but that it will not be at the expense of our resilience to other disease outbreaks that could potentially arise? I suggest to him that if this is serious enough to convene COBRA last Friday—and it is—then it has the attention of the whole of Government. Now is the very best time to demand more resource from the Treasury to fund the research and monitoring that this crisis needs.

Most other questions relate to the science. Lithuania, where 99% of ash were lost to the disease, has had success in developing resistant strains of ash. Does the import ban apply to resistant strains of the species? Is the further destruction of ash trees in this country going to be sensitive enough, as others have said, to retain those trees displaying a resistance, given that there is considerable diversity in our ash stock? Are the Government instigating an intensive breeding programme of pathogen-resistant trees? Is there a role for genetic modification? What does the science tell us about the spread of the disease? If felled trees are burned, how do we prevent spores spreading through smoke plumes? If the disease has been carried across the North Sea on the wind or by birds, as the Government claim, will washing our boots—or, for that matter, our children—have any effect? If walkers’ biosecurity is a serious risk, will there be provision for the public to disinfect their footwear, as with the foot and mouth outbreak? Finally, would it be sensible, as the noble Lord, Lord King, mentioned, for forests with high numbers of ash trees to be closed to public access?

This is fast developing into a catastrophe for our natural environment. The ash tree is an iconic part of the British landscape and we should all be doing what we can to monitor the disease and follow scientific advice on how best to combat it. At a time when so many of our tree species are under threat, when we increase risk by importing so much horticulture, now is the time to value plant science, invest in urgent research, work with European partners and value expertise. I look forward to the Minister’s reassurance.

[Lord King of Bridgwater]

The noble Lord talked exclusively about the present year and the past year. Has he nothing to say about how it could be that a disease that is well established and was recognised in the continent of Europe some 15 years ago could not be identified, and why the precautionary principle that one would think would be important in these issues and the need to take action were not recognised? Will the noble Lord comment on that, because he is otherwise in danger of making what could have been a valuable contribution appear to be too much party-political?

[Lord Knight of Weymouth]

I am delighted to contribute, although I ran out of time some time ago and it is always amusing to be accused of being party-political by the noble Lord. However, I refer him to an article in the New Scientist, dated 31 October, by Andy Coghlan, in which he talks through the science. It is clear that the science changed in 2010. It is also clear that Ministers were not consulted by officials in 2009. That is something we can discuss at a later date. I am looking forward to the Minister’s reassurances.

Flooding: Defence Programme

Lord Knight of Weymouth Excerpts

Thursday 1st November 2012 Lords Chamber

[Lord De Mauley]

My Lords, my noble friend makes an important point. Defra’s partnership funding approach provides a contribution to the economic benefits of flood and coastal erosion risk management projects, including avoiding the damage to business, agricultural land and infrastructure. It specifically allows the involvement of farmers and others from the private sector as well as local authorities. Many schemes that are justified principally on the basis of protection of households also protect businesses. Many flood management projects reduce the risk to farmland.

[Lord Knight of Weymouth]

My Lords, the previous Government negotiated the statement of principles with the insurance industry to guarantee universal flood insurance coverage for homes in flood-affected areas. I should declare my interest as someone whose home was flooded this summer. That statement expires in June next year. The insurance industry has warned that unless new proposals are published by the end of November this year, it will be too late to ensure that the new alternative is in place by July next year. In response to the question from the noble Baroness, Lady Scott, the Minister told us that he would make announcements in due course. Can he reassure us that that will be this month?

[Lord De Mauley]

My Lords, the statement of principles to which the noble Lord referred did not go to the issue of affordability. In answer to his question, we are in intense and constructive negotiations, and we will make an announcement as soon as we can.

Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012

Lord Knight of Weymouth Excerpts

Wednesday 24th October 2012 Grand Committee

[Lord Redesdale]

My Lords, I have not carried out the same amount of research as the noble Lord, Lord Colwyn, but I did watch “Madagascar 3” on the airplane coming back from Doha the other day. That is an interesting film as the prevailing mood is that wild animals should not be used in circuses but in that major blockbuster the zoo animals own a circus. I raise that point as it is interesting to see how trends change.

We are talking about a total of between 30 and 50 animals, with the consensus being around 39. These stopgap measures are useful as they will increase costs. Consequently, many circuses will consider whether it is economically viable to continue to keep wild animals given that the whole industry has an estimated turnover of a mere £2 million. When one considers the number of circuses in existence, that figure shows that it is not the most lucrative of professions.

My son requested me to ask the following question as we visit Zippos Circus, which comes to Hampstead Heath once a year. Last year I noticed protestors complaining about the use of horses. I was extremely impressed by the circus’s standards of animal welfare for its domesticated animals such as horses and budgerigars. I asked the Minister earlier to ensure that budgerigars are not considered to be wild animals in this context. I very much hope that he will take into account the cost of veterinary intervention. Obviously, I am against the use of wild animals in circuses but I hope that the cost of veterinary intervention for domesticated animals—that does not seem to be a massive issue at present—has been taken into account.

[Lord Knight of Weymouth]

My Lords, I welcome some movement on this issue by Defra because, like others, including the noble Lord, Lord Kirkhill, I very much agree that the use of wild animals in circuses is not appropriate. However, I am not talking about domesticated animals. I also agree that wild animals are treated cruelly in circuses. I noted the Minister’s comment right at the beginning of his speech that this measure is the first step towards introducing a ban on ethical grounds. I hope that when he winds up he will say whether the Government will stick to the commitment made by his predecessor to introduce an ethical ban in this Parliament. That would enforce the will of the other place which voted unanimously to introduce such a ban, using Section 12 of the Animal Welfare Act. The Minister’s noble friend Lady Parminter asked about Defra’s latest opinion regarding the legal position of such a ban. It would be interesting to hear the answer to that question as well.

I strongly support the principle of a ban. Some worry that bringing forward regulations that last for seven years, with a review after five years, might undermine the notion that there is any momentum behind that principle. However, I was pleased to hear the Minister say that this measure is the first step and if he can reassure us on the timeline, I would be most grateful. Clearly, we need to improve welfare standards. That is the reason why I oppose the use of wild animals in circuses. In so far as it goes there is some merit in these regulations in improving those standards. However, it is worth asking whether it would have been easier, cheaper and clearer to go for an outright ban. Those circuses that use wild animals would hear that message and a timeline set out by government and would phase them out over the intervening couple of years rather than getting used to a new set of regulations which are only temporary anyway, which may be phased out in favour of the ban on which there is all-party agreement.

Reference was made obliquely, which I wish to address head on, as to whether the enforcement mechanism in these regulations is flawed. Clearly, if we are bringing forward regulations that are not going to work and that are only temporary anyway, there is not very much point in proceeding.

I am most grateful to the RSPCA and the Born Free Foundation for forwarding me the joint briefing they have prepared and in which they go into some detail. I have copied relevant sections to the Minister so that he could have time properly to consider the argument they made. I shall summarise it. The main sanction in these regulations is to suspend the licence. If the licence is suspended, something has to happen to the animals that are then being held without a licence. Regulations state that a licence is required for any place where a wild animal associated with such a circus is kept. Therefore keeping them where the circus is is not an option unless, I guess, the circus holds an alternative licence for that location, which is extremely unlikely, given that we are talking about a travelling circus. Moving the animals is possible only if the site where the animals are held during the suspension also holds a licence. Any site that held the animals without a licence would find itself in contravention of the regulations. Given that suspensions come into effect immediately and initial granting of a licence requires prior inspection by a Defra inspector, plus the relevant fees to be paid et cetera, that clearly is not a practical solution either, unless the expectation is that the circus owner would hold an additional licence for their home site to cover this eventuality, if he is allowed to move them to that alternative site under this licensing regime, which seems a bit unlikely, given my reading of the regulations.

The only other possible option—unless the Minister tells me otherwise—is moving animals to another licensed circus during a suspension, again, if the circus is allowed to move them. However, given that we have heard from the Minister that the Secretary of State is required to have 14 days’ notice if a wild animal is introduced to any circus—I guess to add it to the stock list that the Minister referred to in his opening comments—I cannot see how that will work either. There are real questions about whether these regulations are enforceable using the sanction set out. Even if the Minister is unable to do anything else, if he can answer that question I will go away happy that I have achieved something.

There are four other points that I would like to make briefly. The first is about whether the welfare standard is good enough. I have a fundamental problem, which is one I wrestled with in my brief tenure as a Defra Minister five years ago, and I never managed to resolve it. It is that the same animal could be held under different licence regimes if it was unfortunate enough to be moved about into different settings, and each has a different standard of welfare and husbandry attached to it. Let us take the example of a small primate: a marmoset monkey would be a common one. On a Monday, the marmoset might be held in a pet shop under a pet shop licence under a particular standard of welfare and then be sold and held under a dangerous wild animal licence in someone’s home, which is a different set of standards. Then perhaps that does not work out, as keeping primates as pets often does not work out, so on the Wednesday, the animal is sold to a circus. In the circus, it is held under another set of welfare and husbandry standards. Then perhaps the circus owner finds that this marmoset is not such an attraction and is not easily forced into doing the amusing things that punters want to pay for, so on the Thursday, the animal ends up in a zoo and is under another set of welfare standards, which are the highest welfare standards.

There are those who oppose zoos altogether, and we debated that the other day. It does not seem logical or credible that, if we are starting with the principle of animal welfare in how these animals should be kept, there are four different licensing regimes, and that is before I get into the distraction of the Home Office licensing regime if they are to be used for experimentation, because that is a whole different debate that I do not think we want to get into. I would like to see the welfare standards in these regulations at the highest current licence standard, which is the standard that we have for zoos, animal parks and rescue centres. I do not think that they deliver that and there is a real question about whether the welfare standards are good enough.

My second point is around the quality of the licensing inspections and the expertise that will be deployed in Condition 6(2) of the regulations dealing with the inspectors that the circus owners themselves would use. It is notable, for example, that in a famous case in 1997 of Mary Chipperfield Promotions in Hampshire, the farm was an official MAFF quarantine facility. It carried a Dangerous Wild Animals Act licence, it was registered under the performing animals regulation and the co-owner, Roger Crawley, was at the time a government zoo inspector. It had all sorts of regulations, which should have reassured us that this was a quality establishment. Yet the evidence eventually gathered at Mary Chipperfield’s facility, including that acquired by a friend of mine, Alison Cronin, who runs a Monkey World, led to the conviction on various charges of Mary Chipperfield, her elephant keeper and Roger Crawley for cruelty to a sick elephant.

That tells me that even at the highest standard of regulation we have had problems with animal welfare. We know of other examples of premises and circuses that had been inspected where the wool has been pulled over inspectors’ eyes over the training of elephants. Local authorities have some competence in this licensing regime and I am concerned about whether they consistently have the expertise available to them to do any of the licensing.

I note what the Minister said about the regulations being enforced by Defra using vets from the existing list of veterinarians. Obviously, I have every respect for the Royal College, for its self-regulation and the standards of vets. But I would like the Minister's reassurance that vets with a vested interest in circuses are not engaged on that list. We have a fundamental problem around the level of expertise in the veterinary population in dealing with some of these species of wild animals. Not many vets are experienced in dealing with elephants, lions, some of the other wild cats and the primates that may be kept in circuses. If any of those few are making a living out of working for circuses, there is a conflict of interest and I want some reassurance that those conflicted vets would not be engaged on the list.

My penultimate point is about travel time. I note that in Condition 10 of the regulations no maximum travel time has been listed. I recall a debate we had towards the end of the summer before the Recess about the transportation of horses. There was widespread concern across your Lordships' House about travel time for horses. Noble Lords probably share the same concern about travel time for wild animals and yet no maximum limit has been set. Why not?

Finally, there is the issue of new species and the ability in these regulations for circus operators to submit new species to Defra for inclusion in the stock list. Given that these regulations are temporary, I find a facility to include new species odd because it undermines the notion that a ban is coming pretty soon in this Parliament—if the previous promises are to be kept. But if there are good reasons for including new species, we should shift the presumption from Defra having to produce individual standards for those new species to the circus operators themselves having to provide evidence that any animals that they are adding to the stock list will not suffer. That would be more manageable for Defra and we would then have the presumption the right way round.

I am sorry to have spoken a lot longer than anyone else although I guess that that is sometimes my role in this place. Beyond the principle, I am most concerned about the enforcement mechanism. But if the Minister could also give me some answers about the welfare standards, the quality of the inspection, travel time and the arrangements for new species, I would be most grateful.

[Lord De Mauley]

My Lords, I am most grateful to all noble Lords for their comments and questions. I will do my best to address the points raised.

My noble friend Lady Parminter asked whether the regulations created a two-tier framework for animal welfare, particularly in comparison with zoos. If anything, the status quo signifies a two-tier system. While the Animal Welfare Act 2006 already applies, operators of travelling circuses that have wild animals are, in animal welfare terms, otherwise unregulated. The regulations will address that.

It is right that there are some differences in the detail of welfare standards because we are talking about very different operating environments and different sources of exercise and enrichment, but I do not accept that we are somehow making things worse through these regulations. It is right to introduce targeted welfare standards, inspections and enforcement for travelling circuses, which are exempt from other regimes that would protect the animals.

My noble friend asked specifically about chaining. The new regulations should be thought of as an extension to the Animal Welfare Act and its existing provisions. It is already a criminal offence to cause a circus animal unnecessary suffering or to fail to provide for its welfare needs. If anybody—welfare groups or a member of the public—has evidence of this happening, they should contact the relevant enforcement authority. These regulations will require regular announced but, more importantly, unannounced inspections, as well as routine veterinary visits. They also limit unsupervised wild animal access to a named group of suitably trained or experienced staff and they require circuses to keep detailed records of all aspects of the animal’s day-to-day life. If our inspectors discover any of these alleged cases of abuse or neglect, enforcement action should be taken.

My noble friend asked which welfare organisations were in favour of the regulations. The British Veterinary Zoological Society supports a regulatory approach. She also asked about the issue of the grounds for a ban. The 2007 Radford report on circus animals concluded that there was insufficient scientific evidence to demonstrate that travelling circuses are unable to meet the welfare needs of wild animals presently being used in the United Kingdom. The position of lack of scientific evidence has not changed. There is insufficient evidence that a ban is required for welfare reasons and any such ban would be vulnerable to challenge. That is what we must avoid.

Consequently, we are now looking carefully at the means by which a ban can be introduced on ethical grounds. There are a number of issues to consider in developing the ethical case and the exact nature of a ban. We must not rush primary legislation on such an emotive issue. We need to get it right. The detail must be correct to ensure that it will not fall at the first challenge. Nevertheless, we are determined to pursue this and we are confident that we will get there.

The noble Lord, Lord Kirkhill, suggested that Defra had been procrastinating. The situation has not changed since my noble friend Lord Taylor’s Written Ministerial Statement on 12 July that we expect to be able to publish draft legislation for pre-legislative scrutiny this Session. We are working on a draft Bill. He specifically raised the issue of elephants suffering under licensing. There is a far greater chance of uncovering animal abuse with regular licensing inspections than without. It should be remembered that the trial of the elephant Annie’s former keeper has not yet been resolved, so I cannot comment any further on that particular case and I am sure that noble Lords will understand that.

Generally, in answer to the noble Lord’s point about cruelty, it need hardly be said that training should not involve animal suffering. These standards prescribe that animals must receive immediate and tangible rewards and positive reinforcement when they exhibit desired behaviour during training and performance. They also prohibit seeking a desired behaviour from any animal in any way that would cause pain, suffering, injury or disease.

I thank my noble friend Lord Colwyn for his supportive words. My noble friend Lord Redesdale made some interesting points, which I have taken on board. I can confirm that the definition of “wild animal” is consistent with the Zoo Licensing Act 1981—therefore, budgerigars are not considered to be wild animals. Nevertheless, the Animal Welfare Act 2006 still applies of course.

The noble Lord, Lord Knight, raised a number of issues, some of which I have already addressed in answering other points. Regarding whether the period of seven years would conflict with a ban coming into place sooner than that, the regulations include the standard sunset provision. There is no connection to or conflict with this and the timescale of a ban. Government policy is that all new domestic regulations expire seven years after they are made. That does not prevent the licensing regulations becoming redundant earlier where their provisions are superseded by the proposed ban.

The noble Lord, Lord Knight, kindly raised with me in advance the enforcement provisions and how they would work. If a circus operator chooses not to comply with the law, it will be at risk of a licence suspension and possible revocation. The simple remedy is to comply or to cease using wild animals. It is important to understand what will happen in practice and already happens for other regulations. Ongoing dialogue between inspectors and operators will mean that a suspension could not come as a surprise to the operator. Only if the operator refuses to take action to restore compliance with licensing conditions will the possibility of a suspension arise. If a suspension notice is issued, it will clarify precisely what must be done and by when. Continued failure to comply would lead to revocation of a licence and prosecution. It is not the case that an operator would be prosecuted for taking steps identified in a suspension notice.

Compliance with the licensing conditions could be restored by the removal of all the animals of the affected species from the stock list of the circus. They will then be covered by a combination of the Dangerous Wild Animals Act 1976, the Zoo Licensing Act 1981 and, of course, the Animal Welfare Act 2006. The circus licensing regulations would no longer apply to those animals, and they would have to be removed from the circus.

I should add that neither the Joint Committee on Statutory Instruments nor the Secondary Legislation Scrutiny Committee has had any adverse comments on the enforceability of the regulations.

[Lord Knight of Weymouth]

I hope that the Committee will indulge me in asking a question. If the operator disagrees with the suspension of a licence and wants to appeal under Regulation 14, what will that operator do with his or her animals while waiting for the outcome? Clearly, paragraph (4) would allow the court to permit the operator to continue operating a travelling circus, which is a way out, but if the court were not minded to, my worry is that the animals would then be kept illegally. That is what I do not understand.

[Lord De Mauley]

I am sure that I will be able to give the noble Lord an answer to that question in a moment.

The noble Lord mentioned conflict of interest. Inspectors have been vetted for conflict of interest; the process already in use for zoos will be followed. He also raised a specific point about primates, which interested me. May I ask him to accept that today we are dealing with these regulations but I am quite happy to talk to him outside about the broader issue of the welfare of animals?

The noble Lord asked about new species. Any new animals introduced will be protected by the rigorous new standards required by the licensing scheme and will be inspected regularly, along with the species that are currently used. However, we cannot use regulations made under the Animal Welfare Act 2006 to prohibit the introduction of new animals outright. Any attempt to use these licensing regulations to prohibit the use of certain species would be highly vulnerable to legal challenge. Our position is that a ban via primary legislation on ethical grounds is the most secure way of achieving the successful ban we want. We cannot prevent the use of new animals until that primary legislation has been enacted.

The noble Lord asked about the period of time that animals may travel for. There must be a stationary period of at least 12 hours in any 24-hour period when the circus moves between venues or layover sites. During transport, animals should be offered water, feed and the opportunity to rest as appropriate to their species, age, health and physiological state. Licensed animals should not be taken from the transport vehicle during transport, except at pre-planned rest stops as defined in the journey plan or under emergency conditions. Every effort must be made to make a journey as comfortable as possible for the animals being transported, including adhering to all traffic laws.

On the noble Lord’s earlier point about enforcement and his supplementary question, suspension can be delayed in taking effect. If the court refuses to suspend the suspension, a fine can result. Enforcement and prosecution will produce compliance. I am not entirely sure that that satisfies the noble Lord, and I will write to him on that specific point. I hope that I have answered the main points raised by noble Lords. If I have not, I will write to them following the debate.

Specific legislation setting down welfare standards for animals with such complex welfare needs, especially in such a constantly changing environment, is long overdue. Similar species in more static environments have been subject to their own specific licensing legislation for at least 30 years. By contrast, wild animals in circuses have not been the specific subject of any legislation since an Act in the 1920s.

The Government have promised to bring forward primary legislation to ban wild animals from travelling circuses. This ban will be on ethical grounds and will, understandably, I hope, take a little time. It would not be right to rush legislation through Parliament that sought to prohibit an activity that has long been legal and for which it has proved hard to find evidence that an animal’s welfare is irredeemably compromised. However, the Government are satisfied that there is a risk that welfare issues need to be addressed. In the interim, the welfare of these animals is, of course, paramount. The Government believe that these regulations will safeguard the welfare of wild animals in travelling circuses while a ban is introduced.

Bovine Tuberculosis

Lord Knight of Weymouth Excerpts

Tuesday 23rd October 2012 Lords Chamber

[Lord Knight of Weymouth]

My Lords, I am grateful to the Minister for repeating the Statement and for advance sight of it this morning. We welcome this statement and it is right that it should start by setting out the scale of the animal health problem, and the cost to farmers and to taxpayers of slaughtering infected cattle. This is an acute problem for farmers and I know from talking to them in the West Country over many years what a toll it is taking on them personally and financially. It is therefore also right that the Statement concludes with the need to work with farmers. But as the president of the NFU says in his letter to the Secretary of State,

“all decisions must be based on the science”.

Why then no mention of working with the scientists?

I am pleased to see the noble Lord, Lord Krebs, in his place. He is one of the leading scientific authorities on this issue. What meetings has the new Secretary of State had with the noble Lord and his colleagues? Did the Minister read the comments of the noble Lord in last week’s debate on scientific advisors? He said,

“it is still the case that the Government, perhaps too often, prefer policy-based evidence rather than evidence-based policy … The fact is that the overwhelming majority of scientific experts have concluded that the policy of killing badgers to control TB in cattle will have only a small beneficial effect, if any. It is essentially a waste of effort and money, and a distraction from the business of getting on top of a serious animal health problem that can have devastating effects on the livelihoods of farmers”.—[Official Report, 17/10/12; col. GC514.]

The truth is that this is yet another humiliating moment for the Government and for Defra because they put prejudice and ideology before science and evidence. Can the Minister confirm that this is more of an NHS Bill type of pause, rather than another government U-turn? It is certainly another in a chain of weekly incompetent humiliations: plebgate; the west coast main line fiasco, when they also got the numbers wrong; the energy policy on the hoof last week; the great train snobbery; and now this from Defra.

From Defra we have had the abandoned forestry sell off, chaos over circus animals, a U-turn on shooting buzzards to protect game birds and now a pause on shooting badgers. No wonder the noble Lord, Lord Tebbit, said this weekend in the Observer that the Government,

“seems unable to manage its affairs competently”.

He described it as a,

“dog of a coalition government”.

I do not think the noble Lord likes dogs. I suspect he would like the country to put it out of its misery and have this “dog of a coalition” put down. However, beyond the endemic incompetence in Defra and the Government there are serious specific questions to answer. As my colleague Mary Creagh MP said in the other place today:

“Labour has warned the Government for two years that the badger cull was bad for farmers, bad for taxpayers and bad for wildlife”.

The Secretary of State is right not to proceed because the cull this year could not deliver the 70% mortality rate needed for the possible positive effect on bovine TB—up to 16% over nine years. His decision is based on there not being enough time to cull that many badgers in the limited time available, particularly given the growing number of badgers in the pilot areas. However, the numbers and the limited time were predictable and demonstrate the incompetence in Defra and that this announcement was inevitable. His Statement blames the weather, the police and the Olympics for a limited time window.

Was it not the Home Secretary who ruled out policing the cull this summer, not the police? Was not the limited window therefore predictable and decided by Ministers? Is it not the case that in July last year Natural England gave Defra badger population figures that projected from the randomised badger-culling trial that the numbers of badgers in pilot areas was 3,300 per 350 square kilometres? This is broadly the same as the current estimate of 3,000 per 300 square kilometres, so the larger number of badgers was predictable too.

Why did the Secretary of State in the other place today say that it was only in September this year that Natural England determined deficiencies in the numbers of badgers to be culled? Is it just to cover Defra’s incompetence or is it that those projections last year were ignored because it was inconvenient evidence not policy-based evidence? Can the Minister tell us whether the estimates of badger numbers in the planned pilot cull areas were reviewed by the independent expert panel overseeing the pilots? I have heard not. If so, that is shameful.

What is the department going to do during this pause before doing the cull next year? Will it need to secure more money? The Secretary of State said today in the other place that the Government will compensate the police forces in Avon and Somerset and Gloucestershire for their costs in preparing for the abandoned cull. If it is a more intensive cull of the larger numbers of badgers, will he need more than the current projection of £500,000 per cull area per year? Will there be any compensation for the two companies engaged to do the shooting? I gather £850,000 was to be spent on surveying badgers; £248,000 on post mortems; and £713,000 on checking the humaneness of the cull. Will those contractors be compensated?

Beyond the finance questions there are other areas of work between now and when the cull starts next summer. Will Ministers meet representatives of the tourism industry in Somerset and Gloucestershire? The notion of marksmen across the countryside that I know well shooting badgers at night has clear risks. Those risks are heightened because the location of shoots will be kept secret to frustrate protesters, but if the location of shooting is secret how will visitors in the summer months be warned to keep away?

How will Ministers work with farmers to maximise the effectiveness of the welcome announcement last week on changes to the testing regime and cattle movement restrictions? These sorts of biosecurity measures are a key component in controlling this dreadful disease. Can more be done with government support to improve biosecurity?

Finally, there is the core question of vaccination. The possible benefits of a cull are marginal. Sir John Beddington, the Chief Scientific Adviser, has said that it will, at best, result in a 12% to 16% reduction in the disease after nine years. The Statement pays tribute to the tireless work of farmers and contractors in preparing for the cull and funding it. What is the Government’s estimate of what can be done on vaccination over nine years with the same unity of purpose? The emerging DIVA test is an encouraging development to allow a diseased animal to be differentiated from a vaccinated animal. Surely this now makes it possible seriously to engage with the EU in lifting the ban on exports from vaccinated animals. The vaccine itself is 50% to 60% effective. We need more efficacy but it appears that good progress is being made in finding a scientific solution. Surely it is right to focus on this rather than on what the 30 eminent animal disease experts writing in the Observer 10 days ago described as a “costly distraction”.

My party is clear that bovine TB is a blight on dairy farming and causes untold misery to dairy farmers. We take it very seriously and we all want a solution. We know that growing numbers of diseased badgers are passing the disease to cattle and costing the taxpayer a fortune, but, unfortunately, the logic of then culling them does not follow because the science tells us that that is most likely to spread the disease unless such a scale of geography and intensity is used that it is clearly nigh on impossible to then deliver the cull. We must be led by the science and the science leads us to vaccination with interim efforts on biosecurity. That is what we want. That is what the nation wants. I hope that, after reflecting on this shambles today, the Secretary of State will abandon his dogmatic view and get it right by listening to both farmers and scientists.

Public Bodies (Abolition of the Commission for Rural Communities) Order 2012

Lord Knight of Weymouth Excerpts

Monday 23rd July 2012 Grand Committee

[Lord Knight of Weymouth]

My Lords, this afternoon we are discussing another public bodies order from Defra. To date these discussions have been friendly affairs, much in keeping with the amicable way in which the Minister dealt with the dodgy primary legislation as it went through your Lordships’ House. I fear that our deliberations today might be slightly less consensual. As we heard, the Commission for Rural Communities was established by the Natural Environment and Rural Communities Act 2006, following the review led by the noble Lord, Lord Haskins. I was the Bill Minister for the NERC Act and therefore would describe myself as something of a midwife for the CRC.

That does not mean that I oppose the order outright, but it does mean that there are important questions for the Minister to answer. They happen to be the same questions that I asked when the Public Bodies Bill was going through the parliamentary process. As ever, I am grateful to the Secondary Legislation Scrutiny Committee, on this occasion for its third report of this Session. Its conclusion is the one that I came to last year and that I know is shared by many in the House. The committee correctly applied the three tests of effectiveness, economy and efficiency, and accountability. As is the way with these orders, it is right that I should do the same.

The Government argue that it is more effective to bring officials in-house, rather than have them at arm’s length, so they will have earlier and greater involvement in the development of policies and programmes across Whitehall. I am afraid that in my experience Defra is not central to the Government’s thinking until there is a crisis, and that rural policy in turn is on the margins of Defra’s thinking. The clue is in the name. It thinks about the environment, then food and farming, and finally rural affairs. There is no sign that this has changed. We witnessed the inability of the department to secure a legislative slot in this Session for the much-needed water Bill. That is the reality of the marginalisation of Defra. To argue otherwise is naive in the extreme.

As the Minister said, the Government are looking to save £17 million over the CSR period by this change to their rural policy function. That is the real reason for this change: economy. I do not argue that savings are there to be made, although it is worth noting that the CRC cost around £600,000 in the past financial year. It is worth diverting some of the remaining cost of the rural policy function to support the continuation of a rural policy adviser who is independent of government.

My main objection to the move is on the ground of accountability. The Government argue that these changes will enable Defra’s Ministers to be held accountable by Parliament for the exercise of rural policy functions. However, we should look at how Parliament is currently being treated. Over the weekend, dairy farmers blockaded milk processing plants to draw attention to the exploitative pricing that is making milk production uneconomic. Two supermarkets have already responded by raising the prices they pay to farmers. The farmers clearly believed that parliamentary methods were not being listened to—and was it any wonder?

Today it was reported that Jim Paice, the Agriculture Minister who does not know the price of milk, had raised the possibility that an adjudicator would be created to oversee a voluntary code for the dairy supply chain. This is exactly what my noble friend Lord Grantchester suggested last week when he moved an amendment to the Groceries Code Adjudicator Bill. Coalition Peers were whipped to oppose it—and duly defeated the very proposal that is now coming from the Agriculture Minister. Just one week later, threatened by angry farmers, Defra’s policy is churning, thanks to direct action rather than parliamentary pressure.

This follows a succession of protests that bounced Defra. Its proposals to sell off the nation’s forests were met with huge protests and it backed down. The same happened with national nature reserves and changes to reduce environmental protection in planning law. There was the case of wild animals in circuses. Over Easter Defra suggested allowing the shooting of buzzards—a native species—to protect pheasants, which are a non-native species bred to be shot. Unsurprisingly, that was laughed out of the court of public opinion within days. In these cases, we made what noise we could in your Lordships’ House or in the other place, but it was clear that Ministers were more accountable to 38 Degrees, the National Trust and Farmers for Action than to this Parliament—so much for accountability.

The lack of long-term strategic thinking that bedevils Defra is at the heart of the issue. At the same time, rural England feels the effects of policies and cuts from other government departments. For example, it emerged this month that the rate of young people not in education, employment or training is rising faster in rural areas than in urban ones—and that rural councils, which tend to have older and less deprived populations, receive lower grant allocations, spend less on social care, charge more for home care and allocate lower personal budgets than local authorities serving younger, more urban and more deprived populations. New research finds that social tenants in rural areas will be more likely than those in urban areas to have to move house as a consequence of reductions in housing benefit, yet there are fewer smaller dwellings for them to move into. I know these things thanks to the July newsletter from the Commission for Rural Communities. Its reports often make uncomfortable reading across Whitehall. The independence from government of these reports increases accountability. That is why a letter to today’s Daily Telegraph is signed by the right reverend Prelates the Bishops of Wakefield, Norwich and Exeter, the Duchess of Rutland, the High Sheriff of Cornwall, me and other parliamentarians, including my noble friend Lord Grantchester.

As the letter says, there has been an independent voice to government since 1909. It goes on:

“In the current economic circumstances it is more important than ever that the voices of rural communities are not lost and that an independent adviser—distinct from the range of rural pressure groups—exists to speak up for rural interests”.

That is all we ask—not for the expensive retention of the CRC, but for the retention of what has served us well for more than a century, an independent rural champion. What do the Government propose instead? The independent voice will be provided by Defra’s very own Rural Affairs Minister, Richard Benyon, he of the buzzards U-turn. Rural England’s new champion will be inside the tent but, unusually, on this occasion pointing inwards.

The lack of commitment is demonstrated by the facts that Mr Benyon has not delivered the new rural-proofing guidance promised even today on the Defra website for this spring, and that he has failed to deliver a rural statement, referred to by the Minister, by spring 2012, which was also promised today on the Defra website. That is serious for this Committee. Can the Minister tell us in his wind-up what happened to it? Are we going to get it in September, along with rural-proofing toolkit, six months late?

As he says, the Secondary Legislation Scrutiny Committee specifically recommends that the rural statement sets out robust structures for incorporating stakeholder input into policy development and implementation. The Minister responded to that by referring to the explanatory document which has already been scrutinised by the Secondary Legislation Scrutiny Committee. It then wanted more information, which we do not have, to scrutinise this order.

I ask again what I asked the noble Lord, Lord Henley, in column 765 in March last year. Why not give us an independent rural voice that tells us by appointment, with the authority of the Prime Minister, what is really happening and tells us the truth regardless of fear of or favour from the Government? It worked for Lloyd George, for Churchill and for Thatcher. Is it really too much to ask?

[Lord Cameron of Dillington]

My Lords, I thank the Minister for his introduction to this, and his team for providing the explanatory document about the different ways in which consultation will take place with rural groups such as the Rural and Farming Network, ECO and its sub-groups, the Rural Coalition, local economic partnerships, the Rural Service Network and the LEADER exchange group. I know that LEADER is an initiative to do with the delivery of the Rural Development Programme for England, but the word made me think. These groups, or leaders of groups, such as farmers, businessmen and local councils, are all stakeholders—to use the Minister’s word—in the countryside.

Who is going to represent the deprived of rural England—those who sometimes go with only one meal a day because they know that they have to spend their money on a car to get to their valuable work, or to have any of form of life there? Who is going to speak up for the countryside’s young, who cannot get a job because they have not got the transport to get to one and cannot get the transport to get to a job because they have not got a job to pay for the transport? Who is going to speak up for the unemployed, the unhoused and others?

The Minister will know that I am in a slightly difficult position. I have been asked by Richard Benyon, the Defra Minister in the Commons, to pool together a group of Peers to help rural-proof the government department’s policies in each individual case, but I still have not quite grasped who is going to do or commission the critical and independent research that will penetrate the normal attitude of most departments to the countryside, which is ambivalent at best. Actually, their attitude ranges from ambivalence to total ignorance and they need spurring on.

Most of us in this Room have argued our best on several occasions for some representation at arm’s length from Government, as stated by the noble Lord, Lord Knight, of those rural voices that are not normally heard. I hope that the Minister can reassure me on the question of the independent, fearless research that is often critical of the Government, and which departments are, frankly, unable, to carry out. I hope that he can also reassure me on my point about who will represent the voice of the rural deprived.

Public Bodies (Abolition of Environment Protection Advisory Committees) Order 2012

Lord Knight of Weymouth Excerpts

Tuesday 17th July 2012 Grand Committee

[Lord Whitty]

My Lords, I probably share that view. However, the reality is that it allows more people to be engaged and to take responsibility. To that extent, I share the objectives of the Government. The only note of caution I introduce is that the processes of engagement, empowerment and partnership—all abstract terms but in day-to-day terms they mean talking to people a lot more and in a lot more detail and probably for longer than sending out signals from the centre—are time-consuming and therefore staff resources-consuming and, to some extent, money-consuming.

In other words, the big society—if one was to call it that—is not costless. In some ways, it may be more costly than more centrally directed activities and institutionalised responsibilities. At the worst end under the old system, a member of staff might well worry about the advisory committee a month before it is due to meet and write appropriate papers and probably get a decent outcome. However, this requires a year-long engagement with the bodies that are represented on those committees. So, from the point of view of agency staff resources, this does not really save money. I know its primary aim is not to save money but to come up with a better system but, nevertheless, the Explanatory Note suggests that some of the formal money will be saved. It will not be saved. It will be deployed in a more effective way and there will be, if anything, more pressure on staff than under the old system. Subject to that caveat and the fact that we will at some point review these proceedings and changes to see if they are working, I support the Minister in these orders.

[Lord Knight of Weymouth]

My Lords, I, too, support the orders. As ever, it is a delight to come back to public bodies orders and to reminisce about some of the Minister’s finest moments in the main Chamber working on that Bill. I am sure that he will recall better than I that when these bodies were discussed, my noble friend Lord Grantchester broadly welcomed the move to rationalise the system. At the heart of this is ensuring that stakeholders around fishing are properly engaged. That means not just the professional people and businesses that are dependent upon fishing and angling but the more than 6 million people who over the past two years have indulged in some form of freshwater fishing. This is an important issue for a large number of people.

My questions concern the two key areas. I pay tribute to the Secondary Legislation Scrutiny Committee, whose fourth report of Session I found extremely helpful in getting my head around these orders. I start with the issue of accountability, which, as the Minister said, is the main issue about which the committee had concerns. He reminded us that its recommendation was for the Government to reconsider the need for formal monitoring and evaluation of the successor arrangements, and I welcome what he said about reviews. This is a “big society” approach, replacing a fairly complex set of statutory bodies—regional quangos, if you like—with a different form of engagement with civil society in local communities.

There is a concern that, in the absence of a formal set of structures, there will be reduced accountability, and I am sure that the review will focus on making sure that that has worked well. I would be grateful for a little more detail about how the review might work; who it might be led by, whether that person will be independent of Defra and whether the report will be published and the process transparent so that we can properly scrutinise it here in Parliament. Answers to those sorts of questions now or later would be very helpful in giving us, and the limited numbers who responded to the consultation on these orders, some comfort around the welcome announcement that the Minister made regarding the review and the positive response that he has given to the Committee, which I very much welcome.

On effectiveness, the Explanatory Memorandum talks about the need for effective local stakeholder engagement and partnership. It is clear that the money currently being spent on these sets of bodies—£225,000 and £192,000 respectively—is being reinvested in that engagement. I would be interested to know a little more about how that money might be spent. Perhaps unlike the noble Lord, Lord Greaves, I am quite an enthusiast for communication through social media. Indeed, in the recent flooding incident, one of the things that was quite striking was that these days the telephone is a far less reliable form of communication because most of us no longer just have a telephone that plugs into the wall and is powered off the little bit of power that comes out of the phone line; most of us have wireless phones that depend on mains power. If you are going through a flood, for example, you turn off that mains power and then your phone does not work. One of the advantages of using social media is that for many of us they are run off our smartphones or mobiles. It is difficult for any agency to keep up with the changes that people make to their mobile phone numbers, but engaging with apps, Twitter and even Facebook seems to be quite an effective way of adding a bit of resilience as technology changes.

[Lord Greaves]

The noble Lord was kind enough to refer to my scepticism. Does he agree that for rapid dissemination of information—for example, that flooding is likely, has started or whatever—social media such as Twitter come into their own and are brilliant, but that for more considered consultation, people putting forward their views and so on, slightly less frenetic forms of social media that are not clogged up with 95% dross are a better way of doing it?

[Lord Knight of Weymouth]

I certainly agree that if you need to get information out very rapidly, media such as Twitter are helpful, but in an emergency, cell broadcasting is the most effective because you can get to every mobile phone within a cell area. I think that the Environment Agency is looking at how that might be used.

I was going on to address the other point made about more sustained, ongoing stakeholder engagement. It is notable to look at how the really large commercial interests, the large retailers, are using Facebook, for example, to create massive communities of people around Facebook pages, particularly in the United States. Twitter is as good as the people you want to follow. If you choose to follow people who post only dross, you will get a lot of dross, but if you choose to unfollow the dross, you will get what you want. It is entirely up to you.

Without being distracted by the use of social media in these things, the more serious issue is to try to understand a little more from the Minister about how it might work. Will the money be spent on apps, webinars and tweet-meets? In particular, what proportion and how much will be spent on staff against this difficult fiscal environment and the pressure to reduce staffing costs? Will Defra monitor the staffing arrangements to ensure that there are enough people on the ground? Here, I might have common cause with the noble Lord, Lord Greaves. We cannot solely rely on technology because some people find it difficult to engage with technology or, surprising as it may seem, do not even want to. Often, the technology can create the noise and the interest, and bring people together, but you still need people on the ground to engage with people and with that technology.

If the Minister can give me some answers about how the review would work and how this money will be reinvested, I will be delighted. Suffice to say that I do not want to oppose the orders. I am happy to let a more catchment-based and more community-based approach operate and see how it is reviewed.

[Lord Taylor of Holbeach]

My Lords, again, I am very grateful to all noble Lords who have spoken and for the welcome that they have given these two draft orders. I think that there is an understanding that this represents a new way of working and doing things better. It is not about saving money; it is about engagement and providing the opportunity for fuller participation. If my noble friend Lord Greaves found the section on civil and big society vexing in its use of language, I recommend to noble Lords that they read the Explanatory Memorandum. Although it has a rather stiff and starchy front, which they all have, when you get into it, it is full of useful recommendations.

Designation of Features (Appeals) (England) Regulations 2012

Lord Knight of Weymouth Excerpts

Tuesday 17th July 2012 Grand Committee

[Lord Greaves]

I do not have a great deal to say about this on behalf of the Liberal Democrats. The regulations, which the Minister has explained very well, come from the Flood and Water Management Act. I suppose this little gathering today allows a certain amount of nostalgia from some of us who were involved in the passage of that Act, as often happens with these orders. These are sensible and welcome provisions. Does this mean that the designation of features can now go ahead or is there anything else standing in the way before this process takes place? As the Minister said, it is a process that was found lacking as a result of the experience in 2007. It is welcome that the recommendation from Sir Michael Pitt’s mammoth report is now filtering its way—if that is the right word to use in connection with water—down the system and that we are now on the point of approving these regulations, which we certainly support.

[Lord Knight of Weymouth]

My Lords, as I discovered to my cost 10 days ago, I am a property owner in an area that gets flooded and there may be something on my property that at some point might get designated, so I declare that from the outset. Clearly the instrument is associated with the Flood and Water Management Act 2010, which established a process where the Environment Agency, local authority or an internal drainage board could deem a structure part of the built environment if it was acting as a flood defence, even though it might not necessarily have been designated or constructed for that purpose. We have heard that from the Minister. This is a very positive and necessary step forward in protecting our flood defence assets across the country.

I certainly know from where I live down in Dorset, where the River Wey and its tributaries got deluged 10 days ago and we had extensive flooding, that the complex arrangements of culverts and of different parts of the built environment in the Weymouth and Upwey area are interfered with at our risk. I know that the Environment Agency has done various bits of work over the last 20 years to mitigate the risk and I do not think there is much it could have done about it given the quantity of rainfall. However, I am certainly supportive of wanting to protect those assets as long as property owners get some advice from the Environment Agency, local authority or internal drainage board as to what they are dealing with. I think that this designation process will certainly help.

The regulations aim to strengthen the existing standard of protection for flood defences for third-party assets and to allow local authorities and drainage boards to extend protection of those assets, so we welcome the instrument. It is an important part of establishing a more transparent and accountable way of protecting those defences. However, it will do little to recover the losses the community will suffer from the cuts to flood defence spending, which concern me. There have been cuts of 27% despite the fact that we know how valuable such an investment is—every pound spent on flood defences reaps £8 in investment. I am increasingly concerned about our resilience to flooding as we move into the winter. Certainly, in my area the Environment Agency tells me that it looks as if we might go into the winter with winter levels of groundwater. That makes us extremely vulnerable as we would normally expect much higher quantities of rainfall then. That is then set against a backdrop that I see in the Defra business plan for 2012-14 of a 7.5% reduction in staffing costs across the Defra family.

I do not want to see the Environment Agency losing any more of its staff around flood resilience. I already know from the flooding incidents 10 days ago that it was wrong-footed by a Met Office forecast, which meant that the south-west people were flown up to Newcastle because they thought the flooding was going to be in the north-east and not in the south-west. The people we needed on the ground to provide proper warnings and safeguards to us were, by and large, not there. That suggests that we are already at the most extreme end of our resilience in terms of staffing, and I will be interested in the Minister’s comments on that.

I welcome progress on the implementation of Sir Michael Pitt’s recommendations, however slowly they may come into force, and I welcome the establishment of the First-tier Tribunal for the appeals. I do not oppose the structure, which seems sensible. I understand that the designation process will be risk-based as well as targeted and that the designation decisions will be based on what the designation authority considers to be appropriate. Can the Minister therefore explain to us on what information and guidance provided to local authorities and internal drainage boards those designation determinations will be made? If there is to be a means to appeal such designations, there must be an assumption that sometimes those authorities will get the decisions wrong, so it is of the utmost importance that the Government make it absolutely clear how these bodies should make these decisions.

In conclusion, we do not oppose the instrument establishing an appeals process but we would like the Minister to explain briefly the guidance that will be provided to authorities to ensure that decisions to delegate flood defences as such are made according to clear guidance to ensure the number of appeals to the tribunal is kept to a minimum.

[Lord Taylor of Holbeach]

I thank noble Lords for the welcome they have given to these regulations. Indeed, I think we in this House maintained near cross-party unanimity on the need for the Flood and Water Management Bill, which has become an Act. When we were discussing it, we recognised that it derived from adverse situations in 2007. I am sorry to hear of the noble Lord’s experience. He is not alone in having experienced flooding but I recognise that it is not a very pleasant experience, having suffered it once myself. I join him in acknowledging the role that the Environment Agency has played during these past few weeks. I have not heard a word of criticism of the way that it has performed and I would like to put on the record the gratitude of Defra and the Government for the role that the Environment Agency has played.

The noble Lord, Lord Knight, challenged me on the staffing cuts that Defra has undertaken. He will know, as all noble Lords do, that the current economic situation has meant that the Government have had to look at ways of reducing cost. However, the key thing has been to try to maintain sharp-end capacity and that is certainly what the Environment Agency’s response to these recent events has shown.

As noble Lords will know, the strategy against which all these matters are considered is contained within the Flood and Water Management Act, flood management plans and flood risk strategies, with the lead local authority and the Environment Agency working together to formulate management plans. That was contained in the Act and forms the background against which actions will take place.

Tabled for the convenience of noble Lords are copies of the publication about the designation, which I recommend that they read, because they reinforce the thoroughness with which that has been undertaken. It has been published jointly by Defra and the Welsh Government. It provides the framework against which designation will be maintained and guidance for individuals whose property may be so designated, so that asset owners also have a guide.

The way in which noble Lords have welcomed the regulations is very satisfactory. My noble friend Lord Greaves asked: where does that place the substantive set of regulations? Following the passage of the appeal regulations and the notice regulations laid on 29 June, the whole set will come into effect. That will be very satisfactory and the process of designation can commence as a result.

Coastal Access in England

Lord Knight of Weymouth Excerpts

Thursday 12th July 2012 Lords Chamber

[Lord Knight of Weymouth]

My Lords, I very much welcome the debate and I thank the noble Lord, Lord Greaves, for initiating it. It is a subject dear to my heart and I am glad to have the opportunity to talk about it for up to 10 minutes.

As has been trailed, I should like to start on the Jurassic coast. For those who do not know it, it is a one of the very few natural world heritage sites in this country. It covers 95 miles of truly stunning coastline from east Devon to Old Harry Rocks near Swanage in my former constituency in Dorset, with rocks recording 185 million years of the earth’s history. That means that with every mile that you walk westwards, the land you are walking on ages by 2 million years. Just on the section from Lulworth to Portland you can enjoy dinosaur footprints, fossil forest, the extraordinary natural coastal arch of Durdle Door, a pint of Badger ale—if it has not been got rid of by the Government—at the Smugglers Inn, and, from there, with a view across Weymouth Bay, you can proceed to and enjoy Weymouth beach and the historic Georgian seafront where seaside holidays were more or less invented by King George, and from where, in a matter of a few weeks, you will be able to watch Olympic sailing on large screens for free. There is also Nothe Fort, from where you can enjoy watching the Olympic sailing, if you have a ticket. Then there is Chesil beach and the unique natural feature of the lagoon, Portland Castle and what is arguably the best view in the world from the Portland Heights Hotel down over Chesil beach and Weymouth Bay. It is an extraordinary natural jewel and I would recommend that the many Members of your Lordships’ House who are present today go and enjoy it.

We have new rights for people to enjoy these 32 kilometres of coastline around Weymouth Bay, which came into force last month, as the first stretch of the new national coastal path. It is an initiative that I am proud to say I began when I was a Minister. At the first meeting I had with the access officials, they said, “What about a coastal path for England?”. I said, “That sounds like a good idea; why don’t we get on with it?”. They certainly did so.

Natural England in partnership with Dorset County Council has moved the existing south-west coast path from Rufus Castle on Portland to Lulworth Cove closer to the sea in several places. It is important for noble Lords to understand that there is a difference between the coastal path for England and the existing south-west coastal path. For the first time, there are also access rights over beaches, cliffs and other suitable land beside the route, where walkers can leave the path to rest, picnic and admire the view. Crucially, the path will now be able to roll back as the cliffs erode or slip, solving longstanding difficulties which are particularly pronounced as you go along the Jurassic coast towards Devon, closer to Lyme Regis. Cliffs erode and there are landslips, and if a continuous route is to be maintained along the slumping cliffs on this stretch of coast, we need the powers in the Act for the coastal path.

The route opens in time for walkers to enjoy stunning views of the 2012 Olympic and Paralympic Games sailing events. Today, indeed, I am afraid that I am missing the torch relay coming to Weymouth in order to attend to my duties here. I am sure it will be a great celebration and a prelude to a wonderful summer. I hope there will be some decent weather. My house got flooded this weekend, and I certainly hope that that sort of weather desists. It is worth noting that it is not too late to book accommodation and enjoy the free screens on Weymouth beach for one of our most successful Olympic sports, where we are contenders for medals in every category.

I am passionate about my stretch of coast—or rather, the stretch of coast on which I live, as I do not actually own it—as are the general public. Access to our natural heritage for walking, riding, relaxation and inspiration is fundamental for us. However, as the Ramblers say in their briefing, despite this the extent and quality of public access to the coast in England is patchy. Good quality access exists in some areas, but in others is confined to narrow cliff tops, or paths and roads that take visitors far inland, away from the sea. Some areas are simply off limits.

Contrast this with Wales. Its path was officially opened on the 5 May and fulfils a long held ambition of our party in Wales to ensure public access to the whole coastline. The New York Times listed the Welsh path as one of the 45 places to visit in the world in 2012, and it will bring visitors, jobs and a much-needed boost to the rural economy in Wales, in a country where unemployment stands at 9%. The Welsh path was praised by an editorial in the Observer as having

“set a standard in coastal path designation”.

In times of recession, tourism and leisure can bring economic benefits to rural communities facing unemployment, as well as providing a healthy, cheap day out for families.

I would suggest that Wales stands in some contrast to the lack of progress being made on England’s coastal path. The dream of a coastal path around our island has been the dream of ramblers and walkers for generations. In April we marked the 80th anniversary of the mass trespass of Kinder Scout in the Peak District, which in 1932 sparked the movement to open up our countryside for all to enjoy. The Labour Government legislated for the right to roam as part of the Countryside and Rights of Way Act 2000. We also passed the Marine and Coastal Access Act 2009, as we heard from my noble friend Lord Hunt. I pay tribute to the noble Lords who were a part of the debate in improving that legislation, and laid the foundations for a coastal path around our shores. In doing that we were happy to have the support of the Conservative Party in opposition, and the noble Lord, Lord Taylor.

A coastal path would provide a much needed tourism boost to many rural and coastal areas struggling with recession. As the Ramblers say, the south-west coastal path is often taken as the blueprint for the English coastal path, and is estimated to generate £307 million a year for the regional economy. If only half of these benefits were to be gained elsewhere, it could completely rejuvenate the social and economic life of our coastal towns. Yet, the cost of developing the path is put at £4.5 million, plus staff costs for Natural England.

Is this not the sort of investment in growth that we all want to see? Yet progress on the next step for the coastal network is proceeding too slowly. On 10 May the Government finally launched the public consultations for Durham and Cumbria, but there is an insufficient sense of momentum. Work was planned to start on the five new adjoining stretches of coast during this year and next in Cumbria, Dorset, Kent, Norfolk and Hartlepool. These are expected to be open to the public for use by the end of 2016. Natural England has also set out a vision for implementing the path up until 2017.

Therefore, by 2017—in five years’ time—it should be possible to walk from Hull to Dorset as long as you go anti-clockwise and via Wales. However, as Ramblers say:

“It is now clear that implementation will take longer than the initial estimate of ten years … and we still do not know when the entire path will be completed”.

This is reinforced by the fact that Natural England’s budget was cut by 21.5% in the comprehensive spending review, leaving it struggling to promote public access or leisure opportunities. The current Defra consultation on the future management of national trails, which we heard about from the noble Lord, Lord Greaves—for example, the Pennine Way or the Norfolk coastal path—shows a Government who, I would say, would like to offload them on to the big society. I worry that that is how we will end up.

This is part of a pattern which has become worryingly familiar. Last year, the Government tried to raise £100 million by selling off England’s forests but were forced to back down by the huge weight of public outrage. Their plans to sell off the national nature reserve were quietly shelved after that. Next, they began unpicking planning laws that have protected our countryside, casting aside carefully calibrated pages of guidance with a one-size-fits-all document. After more public protests—most notably from the National Trust—plans to place a duty on the national parks to promote sustainable development have also been quietly shelved. Conservationists and campaigners are punch drunk from the constant assault on nature and wildlife, and they wait in fear to see how far the Government will go to divest any strategic vision for the countryside.

Therefore, I look forward to the Minister reassuring me. I look forward to him telling me that I am just an old political cynic and that everything will be okay. As the noble Lord, Lord Greaves, and my noble friend Lord Hunt asked: when will we see a timetable for the whole thing? When will it be finished, and what are his plans for other users? The noble Lord, Lord Greaves, talked about climbers. Last summer, I had a stunning day climbing on the cliffs of Portland. What about horse and bike riders? The last time I rode a horse was to gallop along the sands at Lindisfarne—a stunning experience, the like of which should be available to more people. I also repeat the question put by my noble friend Lord Hunt regarding transport. On the Jurassic coast we have the brilliant X53 service that runs along the whole coast and is actively used not just by pensioners with their bus passes but by walkers with their dogs. More services like the X53 would be most welcome.

[Lord Winston]

I thank my noble friend for stopping for a moment. We in this part of the Chamber are really intrigued to know how big the horse was that he rode.

[Lord Knight of Weymouth]

Many hands make light work, and that is about as much detail as I shall give.

The Government’s lack of realistic ambition to realise an accessible path around England’s coast speaks volumes about their approach to nature and their understanding of the economic, social, environmental and health benefits of opening up the countryside for the public to enjoy. Ministers would do well to heed the lessons from Wales: green infrastructure could be just the boost that England’s rural economy needs. I look forward to the noble Lord’s response.

Elephant Poaching

Lord Knight of Weymouth Excerpts

Wednesday 4th July 2012 Lords Chamber

[Lord Taylor of Holbeach]

Noble Lords will be aware that there are a number of programmes that are designed to address just these sorts of issues. However, these attitudes are complex, cultural, and difficult to shift. There are two ends to the problem. One is the weakness of enforcement in certain African countries, and the second is the persistent demand for these products. Both of them pose a threat to wildlife, and this Government are doing their best to stamp them out.

[Lord Knight of Weymouth]

My Lords, as we have heard from the noble Lord, Lord St John of Bletso, poaching for ivory is on the rise and is of great concern. An example is the story of poachers from Sudan coming over and killing as many as 650 elephants in a Cameroonian national park in the first two months of this year. I am reassured by what the Minister said in terms of the UK position at CITES later on this month. Do the Government accept that their credibility in that negotiation is to some extent governed by how well we enforce CITES in this country? On that basis, will he give some reassurance about sustaining funding and support for the National Wildlife Crime Unit, which is responsible for gathering information and intelligence around CITES infringements in this country?

[Lord Taylor of Holbeach]

I think that I have already mentioned the commitment of my colleague, Mr Richard Benyon, and the high priority that this is being given. As noble Lords will know, the border agency is responsible for seizing these products and identifying them, and it operates, of course, on intelligence, which is most important. In many ways ivory has presented the least numerical challenge compared with many others in the CITES area. However, I agree that it is by demonstrating our own vigour that we present a confident position to our colleagues.

Rio+20 Conference

Lord Knight of Weymouth Excerpts

Tuesday 26th June 2012 Lords Chamber

[Lord Taylor of Holbeach]

The noble Lord makes a passionate contribution to the discussion. Underlying it, of course, is the question of Britain’s role. This is a gathering of the world’s nations, with a huge disparity between the wealth and economic activity of the participating countries. Getting a single agreement is bound to be difficult. It is important that we have laid the foundations for discussions in the future that can lead to exactly the sort of outcomes that the noble Lord seeks, but it would be presumptive of this country or Parliament to go to an international conference and insist that it had the solutions to the world’s problems. We are part and parcel of a global solution, and that is what we seek to maintain.

[Lord Knight of Weymouth]

My Lords, the Rio agreement 20 years ago was a landmark agreement. As a result, we had Local Agenda 21, and “thinking global, acting local” entered our consciousness. By contrast, this agreement is a let-down. What does the Minister think this treaty will be remembered for in a month’s time, let alone in 20 years’ time? Given that the Prime Minister is co-chairing a process for following up the millennium development goals, in the light of a lack of progress at Rio what hope does the Minister have for the Prime Minister’s success?

[Lord Taylor of Holbeach]

I certainly have a great deal more hope than is evidenced by the noble Lord’s question. I do not see this as a failure. As I said right at the beginning in my Answer to the noble Lord, Lord Stern, this has the potential to build the foundations for a durable and sustainable global green economy. The Prime Minister is, through the United Nations, chairing his committee and working in parallel with the millennium development goals, and I am satisfied that he will achieve the outcome that he desires.