Lead Shot Ammunition

Alex Cunningham Excerpts

Tuesday 8th December 2015 Westminster Hall

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

May I draw the House’s attention to my entry in the Register of Members’ Financial Interests and also to the fact that I am probably the only Member who has been shot by a lead cartridge? It was about 35 years ago and I still carry 20 lead pellets in my left knee as testimony to that—colleagues will judge whether that has affected my physical state or indeed my mental state.

This is not a new discussion. When I was chairman of the shoot summit nearly 10 years ago we discussed it and came to the view 10:1 that the evidence was lacking—to some extent it is still lacking—that the risk of lead was either significant or unmanageable, or that the alternatives, as mentioned by the hon. Member for Merthyr Tydfil and Rhymney (Gerald Jones), posed less of a risk. That was in the context of both food consumption and environmental concerns. That fell into the hands of the Lead Ammunition Group, which was set up by DEFRA.

[Alex Cunningham (Stockton North) (Lab)]

If toxicity is not a problem, why does the Food Standards Agency advise frequent eaters of lead-shot game to reduce their consumption for health reasons?

[Simon Hart]

I am grateful for that intervention. I have not yet said, and I am not sure that I will say, that there is no toxicity issue at all. Perhaps if the hon. Gentleman will hear me and other colleagues out, he may get the answer he requires.

The Lead Ammunition Group was set up to come to a unanimous view on steps forward for the Secretary of State. However, it has failed to do that. Nearly half of its members resigned, which meant that its final report was submitted without input from those valuable sources. The report, which was based on evidence that was and remains disputed, reached conclusions outside the terms of reference set by the Secretary of State in the first place. Therefore, when coming to conclusions about what all of this means, I hope that the Minister will recognise that, for whatever reason, the Lead Ammunition Group has failed in its objectives.

Food concerns were mentioned by the hon. Member for Stockton North (Alex Cunningham). The advice given so far does not need any alteration. That is key, because if we look at it in the context of other food scares and consumption habits, there is no evidence to suggest that the danger posed by lead is any greater than that of any other food substance that we might arguably eat to excess. That is the point: we can point to any number of foodstuffs and say, “If you ate this foodstuff to excess, you might come across a health problem.” The advice given is quite contextualised, which has not been the case in the debate.

The contribution I want to make to the debate is to give a word of caution about the Lead Ammunition Group’s findings. They are not definitive; they are disputed and the evidence it relied on is hotly debated. Finally, if the problem was as great as one or two Members suggest, it would have emerged as a health scare long before now. We therefore need to treat what we are hearing with caution, assuming that it is evidence. It is nothing new.

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[Alex Cunningham (Stockton North) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Davies. I congratulate my hon. Friend the Member for Merthyr Tydfil and Rhymney (Gerald Jones) on securing the debate on this important matter. It not only relates to the health of wildlife and the environment, but has ongoing ramifications for humans if it is not dealt with. I am grateful to the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry)—it is one of my favourite parts of my homeland and I very much enjoy spending time there—for his comprehensive summary of the debate so far.

My hon. Friend the Member for Merthyr Tydfil and Rhymney was, of course, right to mention our long-standing recognition of lead’s toxicity and to highlight the plethora of bodies that have issued warnings on this matter. I look forward to hearing the Minister’s assessment of that advice in due course. Unlike other trace metals, lead plays no physiological function in the human body. Instead, it acts as a neurotoxin. Even at low levels of exposure, the damage that lead triggers can be significant: impairment of the developing brain and nervous system, increased incidence of hypertension and stroke, and weakening of the immune system. Worryingly, some of these impacts appear to be irreversible.

We have heard some emotive points this afternoon from all parts of the House. Indeed, I was fascinated to hear my hon. Friend give the etymology of “crazy as a painter”—the origin was lost on me before now—and anecdotal explanations for the fall of the Roman empire. The risks from lead poisoning must be taken seriously and the importance of a strong evidence base in assessing them cannot be overstated. The evidence is clear that there is no safe level of exposure, which is why the World Health Organisation has been clear that all forms of lead are toxic, and food safety agencies across Europe have highlighted the risk to health of eating game shot with lead ammunition.

Under food regulations, there are limits on the amount of lead in lamb, pork, beef and other products, but they do not apply to game. Is it not time to bring it into line? Lead is without doubt one of the best-studied contaminants in the world and there is overwhelming scientific evidence demonstrating its toxicity to multiple physiological systems in humans and other vertebrate animals.

[Mr Charles Walker]

The hon. Gentleman said that there is no safe level of tolerance for lead, but we have heard this afternoon that lead is present in many foods that we all consume, and in alcohol and beer, so clearly there must be some level of tolerance or we would all be dropping down in the streets.

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[Alex Cunningham]

Just because there is a level of tolerance does not mean that it is not dangerous. Somebody may smoke over a lifetime and then suffer deterioration or a specific condition, and that can apply in this case too.

The International Agency for Research on Cancer has classified inorganic lead as being “probably carcinogenic to humans”, while no safe blood lead level in children has been identified below which negative health effects cannot be detected. In March 2013, a group of 31 eminent scientists signed a consensus statement on the health risks from lead-based ammunition in the environment. Based on “overwhelming evidence” and “convincing data”, and alongside the availability and suitability of non-lead alternatives, they recommended the eventual elimination of lead-based ammunition and its replacement with non-toxic alternatives.

Just last month, the Oxford Lead Symposium published research further confirming what we already broadly knew about lead and the risks to humans, wildlife and the natural environment. The Lead Ammunition Group, which the Government set up, submitted its draft report this summer and I would welcome confirmation from the Minister of the date this evidence was received along with a timeframe for the release of its findings and recommendations.

[Geoffrey Clifton-Brown]

Can the hon. Gentleman point to any evidence of any premature deaths caused by lead poisoning? Indeed, on the contrary; I have known many people who have eaten game regularly and lived to a ripe old age.

[Alex Cunningham]

The hon. Gentleman makes a great point: I cannot provide that particular piece of evidence, but what I am told by health organisations and others is that ingestion of lead over a period can be quite dangerous. As others have said, as a responsible society that recognises the inherent dangers, we have already taken action and regulated to cut lead from petrol, paint and water pipes, so most exposure to lead in the general population now comes from diet. However, despite the evidence and our previous moves to regulate other sources of exposure, we have not yet completely banned the use of lead by shooters. Instead, we have stopped short, although in response to the UK’s obligations under the African-Eurasian migratory waterbird agreement to phase out the use of lead shot for hunting in wetlands, it has been illegal to hunt certain wildfowl over certain wetlands since 1999. The long and short of such patchy regulation is that lead continues to find its way into the food chain and on to our dinner plates. Compliance with regulations is sporadic at best, and most consumers are simply unaware of the contamination risk to themselves and wildlife.

My hon. Friends have alluded to studies showing that 76% of game bought from supermarkets, game dealers or game shoots have lead shot fragments present. Indeed, a DEFRA-commissioned study found that 70% of ducks sampled were illegally shot with lead. If that were not enough, almost half of respondents to a British Association for Shooting and Conservation survey admitted that they did not always comply with the law. To top it off, a repeat study in 2013-14 showed that compliance had not improved, revealing that 77% of sampled ducks had been shot illegally with lead. Yet, to the best of my knowledge, there have been no primary prosecutions and only one secondary prosecution for non-compliance with the regulations. That is a law that is not working in this land, so we need a change.

[Simon Hart]

The hon. Gentleman is quoting evidence, but the crucial point is that if he wishes the Government to introduce new restrictions, he must surely come up with evidence indicating that people who consume game in this country have contracted some illness or died prematurely as a result—not in another country; we are talking about UK consumption habits. Unless he can come up with that evidence, he is doing nothing more than making mischief.

[Alex Cunningham]

I am certainly not mischief making. I support the countryside and everything else. As I said to the hon. Member for The Cotswolds (Geoffrey Clifton-Brown), I cannot point to anyone who has died as a direct result of lead consumption; the point is that various organisations are saying that lead is a danger in diet. We need debates such as this. It might be that we just say, “Okay, we need to further explore the issues,” but it appears from the organisations that I have been speaking to that we need to act now.

I encourage the Minister to outline his assessment of the compliance problem over wetlands. Given the demonstrable disregard for current restrictions, I would welcome his acknowledgment that a complete phase-out is a proportionate means to secure legal compliance. Why have the ban if we are not going to do anything about it, and if there were no danger to wildlife and, ultimately, people?

I draw attention to resolution 11.15 of the convention on the conservation of migratory species of wild animals, which was adopted last year and calls for lead ammunition to be phased out by 2017 in countries where there is significant risk of poisoning to migratory birds. Let us not forget that, on top of that, the Royal Commission on Environmental Pollution concluded a little over 30 years ago that

“the Government should legislate to ban any further use of lead shot and fishing weights in circumstances where they are irretrievably dispersed in the environment”.

We have already heard this afternoon that lead-based ammunition continues to be one of the greatest sources of lead in our environment. As much as 6,000 tonnes of shot is discharged every year and at least 2,000 tonnes of shot used for game and pest shooting is irretrievable. I would therefore be pleased to hear whether the Minister agrees with me that, in the light of the evidence on the numbers of wildfowl killed each year, there is a significant risk of poisoning to migratory birds from lead ammunition in the UK. While other nations, including Denmark and the Netherlands, are actively dealing with the matter, the UK seems content to look backwards and turn a blind eye to those who flout the current regulations.

To avoid the real risks that exist, we need positive actions to close the existing regulatory gaps, rather than passivity. It is high time that we stopped ducking the problem and took a common-sense approach to regulating lead ammunition. With softer restrictions on the use of lead ammunition having been widely flouted, the time has come to embrace the growing body of evidence and for all lead shot and bullets to be replaced with non-toxic alternatives. Like so many other hon. Members taking part in the debate—

[Philip Davies (in the Chair)]

Order. May I say to the hon. Gentleman that the time has also come for him to conclude his remarks?

[Alex Cunningham]

I am on my last paragraph, Mr Davies. Like so many other hon. Members taking part in the debate, I urge the Minister to join me in supporting the call for the UK to meet our international commitments and phase out lead ammunition by 2017.

[The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)]

Let me begin by congratulating the hon. Member for Merthyr Tydfil and Rhymney (Gerald Jones) on securing the debate. He showed the passion that he feels on this issue in his opening remarks. As we all know, lead is a noxious substance with potentially fatal impacts. This is therefore an issue that it is right for the House to address.

I pass on the apologies of the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Penrith and The Border (Rory Stewart), who has responsibility for this issue. Hon. Members will have noticed that he has been otherwise engaged in Cumbria in the past couple of days in his role as floods Minister. I am therefore responding to the debate on his behalf.

Government practice is to obtain and use the best possible evidence when taking decisions. That is why, almost six years ago, our predecessors chose to set up the Lead Ammunition Group, commonly known as the LAG—and I think one thing we can all agree on is that there was a time lag in that group’s concluding its work. The LAG began work in 2010. Although a creation of Government, it was deliberately set up as an entirely independent group, formed of experts who would approach the evidence from their various perspectives and provide clear advice on whether and what risks might be posed by lead ammunition and how they could be managed. The potential risks that it was asked to assess related both to wildlife, which is a DEFRA responsibility, and to human health, which is the responsibility of the Food Standards Agency. I hope that hon. Members will find it helpful if I set out the subsequent history.

First, the LAG was established in 2010 for an initial 12-month period, after which progress was to be reviewed. However, its final report was not presented to Ministers until June this year. The shadow Minister, the hon. Member for Stockton North (Alex Cunningham), asked when it was presented. That was on 3 June. Secondly, by the time the LAG reported, only five of its 10 members remained in place. The remainder had resigned, with four of those submitting a different set of recommendations.

We are therefore in a position in which we have no expert consensus about the impact of lead ammunition on wildlife or on human health. Nevertheless, we must start from where we are, so it is important that we look at the report that the LAG produced and the material that it contains. Even if that report has the support of only half its members, it is nevertheless a substantial document that represents several years’ worth of work. We must therefore consider it carefully, which is exactly what the Under-Secretary and my right hon. Friend the Secretary of State have been doing since DEFRA received the report in June.

Subsequently, as a number of hon. Members pointed out, there has been the minority report from those who resigned and the report arising from the Oxford Lead Symposium, which was organised by opponents of lead ammunition. I realise that hon. Members and others outside the House are anxious to have our response to the LAG report, but it is important that we take the time to get this right and weigh up all the other comments, views and evidence that have been submitted to us. The time that it has taken to review that evidence reflects the fact that it is a serious debate and that my ministerial colleagues are looking at the issue closely.

Let me remind the House of the action that Government have already taken. Lead shot has been prohibited for wildfowling since 1999 by the Environmental Protection (Restriction on Use of Lead Shot) (England) Regulations 1999. Those regulations introduced a double restriction. First, lead shot cannot be used, on any game, in certain areas—namely, over the foreshore or over a list of named sites of special scientific interest. Secondly, lead shot cannot be used anywhere for shooting certain species—namely, ducks, geese, coot and moorhen. In passing, I will mention that the general supply of lead weights for angling was ended in 1986.

The 1999 restrictions reflected the resolution made that year through the African-Eurasian waterbird agreement, to which the UK is a party. It was agreed that members would work to phase out the use of lead ammunition over wetlands, reflecting the clear evidence that waterbirds can and do scoop up spent lead when feeding and suffer health consequences from doing so. We delivered on the resolution through our regulations of the same year.

There is of course nothing to stop those who shoot from choosing, of their own volition, to use alternative forms of ammunition. Although no other material has exactly the same combination of malleability and density as lead, a number of alternatives have been available, and used in the field, for some time. Those include steel and tungsten for shotgun cartridges and, for bullets for rifles, copper and copper alloys. Use of an alternative is compulsory for wildfowling, but the alternatives can also be used more widely. I understand that some shooters have made the switch, although others have not.

[Alex Cunningham]

I am intervening simply on the point about lack of compliance in relation to shooting wildfowl over wetlands and the use of lead shot in the killing of ducks. Will the Minister respond on the huge level of non-compliance?

[George Eustice]

I was going to come on to that. The hon. Gentleman highlighted a DEFRA study that did show—he is correct—that the level of non-compliance was up to 70% in certain areas. I will simply say this: it is the law. As my hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown) pointed out, we can all condemn those who are using lead shot where they should not be, against the law, and it is a matter for the police to enforce those existing regulations. Where the law is being broken, it must be enforced, and we are keen to work with stakeholders and others to ensure that we raise awareness of the 1999 regulations—the regulations that already exist. The key point made by a number of hon. Members was that the starting point should be to enforce the regulations that we have, rather than jumping to introduce new regulations.

My hon. Friend the Member for Broxbourne (Mr Walker) made a very important point about the impact on clay pigeon shooting and the danger of steel ricocheting. The hon. Member for Strangford (Jim Shannon) and my hon. Friend the Member for Richmond (Yorks) (Rishi Sunak) mentioned that some countries—notably, Norway—had introduced a ban and then reversed it. I understand that in that case, it was for the somewhat surprising reason that steel bullets were getting embedded in trees and that was affecting the machinery of timber merchants. That shows that all sorts of unintended consequences can come from these things. My hon. Friends the Members for The Cotswolds and for Richmond (Yorks) highlighted their view that some of the data used in the reports were out of date, particularly in relation to the Oxford symposium, and predated the 1999 regulations. I think that is probably a fair point, although other hon. Members have made an equally strong argument that the 1999 regulations are not being enforced as effectively as they could be at the moment; that is also very valid.

In conclusion, I agree with what my hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart) said: this is a very important issue. The contributions in the debate show how complex it is and how strongly felt views are on both sides. That is why the Under-Secretary and the Secretary of State are right to take their time to weigh up all the evidence carefully before submitting their response to the LAG report.