(3 months ago)
Lords ChamberMy Lords, I thank my noble friend Lord Berkeley for bringing his regret Motion for debate this evening.
Speakers have raised concerns about how operating the inland BCPs will potentially make it more difficult to manage biosecurity and food safety risks. The noble Baroness, Lady Bennett of Manor Castle, went into some detail around specific concerns. The Secondary Legislation Scrutiny Committee discussed these risks with Defra, and in its response Defra acknowledged that there was a small risk because of this approach. In its report, the SLSC said:
“We agree that the use of inland BCPs does not make it more likely that harmful goods are not detected. It is a concern, however, that transporting goods and live animals from a port to be checked at an inland BCP, especially where this is located at some distance away, makes it more difficult to contain potential biosecurity risks than carrying out these checks within the compounds of a port”.
As other noble Lords have said, I would like to press the Minister on how the Government plan to manage these risks effectively, as Defra has acknowledged that there is a small risk.
As my noble friend’s regret Motion is mainly around drivers, I will concentrate on that. We know that lorries must drive 22 miles from Dover to the border control post at Sevington. Anyone found to be carrying unsafe or contaminated food could then be asked to turn around and drive back again. As we have heard, there is not enough information or instruction on what drivers are supposed to do. The Government have not explained how lorries will be monitored between the port and the control post or how they will ensure that goods which have been identified as unsafe leave the country.
I was interested in the comments from Nan Jones, the policy technical manager at the British Meat Processors Association. She has asked how we will ensure that those products get back on the ferry. With that gap, how do we know that they have not unloaded a load of products when they have been rejected? Returning a large consignment of high-value product such as meat would constitute a big loss for a business. Relabelling a product and finding an alternative market such as a wholesaler or restaurant could be tempting. She added that, once it is in the country, if you are that way inclined there are many ways in which you can disguise it.
We know that drivers need a lot of support through the changes because the impact of new border controls on drivers can be pretty significant. We know that there is increased documentation and checks, a lot of additional paperwork, that safety and security declarations, customs forms and other documentation will be required. While you need documentation to ensure compliance with regulations to prevent illegal activities, it is a lot of extra work for drivers to ensure that they are compliant with.
We also know that you could end up with longer waiting times at border crossings. All of this we have discussed at length. However, it does put a lot of extra pressure on drivers. Efficient planning and understanding of any new requirements will be crucial for drivers to deliver on time and in a manner that they should be doing. We also know that fuel costs could rise because of longer waiting times at border check points. Various businesses have raised concerns about that with us.
Drivers need to understand what is happening. These relations are evolving. How do they ensure that they adapt their processes in a way that is compliant with all the biosecurity and safety measures that are coming in? If they are not careful, quite accidentally they could end up with penalties. It is important that proper information is available for drivers.
I want to mention a letter that the Cold Chain Federation trade group wrote to Steve Barclay, the Environment Secretary. The group was concerned that volumes of illegal meat seized at Dover were a demonstration of the determination of criminals to bring in and trade in illicit goods and that
“the 22-mile corridor now open to them (or indeed, other criminals to intercept high value goods) adds further risk to the UK food chain in that it provides numerous routes to exit from the inspection process”.
The noble Baroness, Lady Randerson, went into some detail about concerns about illegal behaviour. She also mentioned the short straits routes. I will not go into that, as we discussed it at length in the last debate, but these are real concerns for industry.
There have also been concerns that the Government’s plans to manage the risks effectively and enforce the arrangements in practice are not necessarily laid out and that there is not enough understanding about how that will work. That includes whether the authorities will be able to monitor properly whether the lorries are carrying out the checks that they are being instructed to do. How is that all being managed?
What plans are there to ensure that drivers who do not speak English properly understand the information and what they are supposed to be doing? I am sure that the Government will have something in place, but it would be good to have confirmation of that.
I would like to raise one final thing. Another potential problem is that UK government computer systems used to identify potentially risky consignments are prone to errors, which could send thousands of trucks for physical inspection. According to the Financial Times, people who attended a meeting on border management with Defra said that officials admitted the error rate was currently 33%. I am not sure if the Minister was at that meeting, but it would be interesting to know if that is correct.
It is absolutely a delight to be here this evening and to get such a warm and thoroughly lovely reception from everybody. I start by thanking the noble Lord, Lord Berkeley, for the privilege of standing at the Dispatch Box in this important debate, and all of those who have spoken for their thoughtful and constructive comments.
The legislation that is the subject of this debate has been instrumental in implementing the second phase of the border target operating model. New controls under the model began on 30 April, and I am pleased to report that, contrary to some of the press speculation and some of the comments made this evening quoting the press, checks have been introduced successfully at border control posts throughout the country. Defra will continue to monitor the controls and the impacts, and their effectiveness.
The noble Lord, Lord Berkeley, and the noble Baroness, Lady Hayman, asked how the Government intend to ensure that drivers of vehicles subject to controls attend the inland border control posts. Drivers will be instructed, if their goods have been called for an inspection at a border control post, by a port official at the point of entry or at the short straits through a digital system. That system comes up on their telephone, and their telephone number has to be inserted into the system for the electronic IPAFFS to actually pass; they cannot get in without that information being on the system. It cannot fail and so far has not failed.
Where a physical check is required, goods cannot be legally placed on the UK market until the load has been taken to a border control post, inspected and cleared. An instruction to attend a border control post for an inspection constitutes a legal requirement. Should a vehicle fail to attend a border control post, officials can require the return or destruction of the goods for the relevant local authority to carry out controls, such as identity or physical check. There is no evidence so far of traders taking advantage of Sevington’s inland location to circumvent checks.
The noble Lord, Lord Berkeley, also asked what a consignment is. It is a range of goods covered by the same certificate, which is pre-filled to enter the country through any of the border control posts.
The noble Baroness, Lady Bennett, took some delight in telling me that that we were failing on pretty much every single front in the system that we have implemented. She gave me a few examples, which I did not recognise. I am sure she would understand that this is a very significant change to what has gone on before. We have not ever done checks at our borders, or at least not for a very long time. The imposition on businesses importing into this country is significant, and the Government are well aware of the cost and the time and trouble this will cause. At the same time, I think that she would agree with me that it is extremely important that we do this for our own biosecurity. There are multiple reasons, which I think we would collectively agree on, for why we are doing this.
For many years, we have done nothing. We are now starting to build up our new border controls and biosecurity controls. To go from nothing to everything in one go would undoubtedly have created the scenarios the noble Baronesses, Lady Randerson, Lady Bennett, and others keep telling are happening at the moment. They simply are not, and I gave a clear instruction at the beginning of the process that we want a pragmatic approach. We are not in the business of closing down UK business, but we have an imperative to check and to build up those checks over a period of time, taking a risk-based approach. It is not helpful to be told that we are not doing everything we should be doing. Of course we are not: we are in week two. We may be doing everything in a few months’ time, and perhaps somebody else will be standing here at the Dispatch Box answering questions on that. I think and hope that they will see the benefit of taking a pragmatic approach, because we do not want to stop trade in this country.
The noble Baroness, Lady Bennett, said that she felt that there were not adequate staff at Sevington—it is not “Severington”, just for information. I am not sure whether the noble Baroness has been there, but I have. I have spoken to the staff and seen them operating there, and I can tell her that it is working very well and is fully staffed, so I do not recognise the comments that were made.
There were comments too about getting from Dover to Sevington, which is 21.7 miles away, and the risk that might constitute. Of the goods coming in to Sevington, 99.9% are from organisations we trust and know; it is a formality to check that there has not been a mistake, and that we are not inadvertently bringing in some pest or disease. The people coming to Sevington are not looking to import things illegally into the UK; they are following our rules. They have export health certificates, have followed the whole system all the way through and have loaded everything up on to the system; we are simply checking that all those formalities have been done correctly.
We should not conflate that with the illegal importation of meat that comes in primarily, but not exclusively, through Dover, which is brought in by a van and a driver from Poland, Romania or somewhere else. Those people will never go to Sevington: they are not on our system and we do not even know they are coming. It is really important to avoid conflating those two things. If you do, you get very confused about what Sevington and every other border control post in the UK is trying to do. Stopping illegal imports is the job of Border Force at the border. Checking goods that are coming in through our prearranged system is the job of our border control posts. They are fully manned and fully operational across the entire country.
The noble Baroness, Lady Hayman, asked me about an error rate of 33%. That number is not familiar to me—I have never heard of it—so I will go away and check. If the rate is anywhere near that, I will certainly write to the noble Baroness.
With that, I will conclude. Once again, I thank all those who have spoken this evening for their thoughtful and valuable comments.
(3 months ago)
Lords ChamberMy Lords, recent events in the Brixham area have once again highlighted the sorry state of the water sector, yet just this week water companies in England and Wales have asked the regulator for permission to increase bills by up to 91%. They say that this is necessary to improve the water network, something that Professor Chris Whitty says is a public health priority as well as an environmental one. This pressing need has not prevented United Utilities increasing its dividend payments by nearly 10% while at the same time polluting Lake Windermere. Other firms are increasing payouts to investors despite their poor performance. Is it not time for the Government to call time on the current system by putting water companies into special measures and ensuring that law-breaking bosses face criminal charges rather than receiving bumper pay packets?
I thank the noble Baroness for her question. We have debated a number of times the issue of special measures, and I think I have been clear in the House every time I have stood at the Dispatch Box that the Government will use special measures when the criteria for them are met. I accept that that is quite a high bar, but there are a number of other options for all those water companies that they should fully explore before the Government will consider putting them into special measures.
(3 months ago)
Lords ChamberThe noble Lord raises a very good point. Undoubtedly, mistakes were made in how water companies reacted over the past 10 or so years, when interest rates were very low. Now that interest rates have risen, so have the costs of the borrowings, which have created a number of difficult financial implications for them. However, we all hope that interest rates are falling.
My Lords, my noble friend Lord Dubs mentioned contaminated water, and there is now evidence that faeces-contaminated water has been detected in 10 areas of England and Wales. Is the Minister absolutely certain that nobody here today has drunk contaminated water?
I will just drink this glass of water—bottled water. I assure the noble Baroness that it is very good.
(3 months ago)
Grand CommitteeMy Lords, I rise briefly to say that I welcome these regulations very much. I am very glad that the department is taking its responsibilities to hedgerows seriously, but I think we could be encouraged to do a little bit better than the EU. I echo what noble Lords have said about extending the period, perhaps, or encouraging alternate sides of the hedgerow. Are there are any plans to do so? I say this not just because of the shelter they give wildlife or the food for birds over the winter but because there are some birds, such as the blackbird, that can have a late brood in August. After 31 August, these fledglings may seek shelter on the ground beneath the hedgerows. I think that maybe we could think of extending the period in certain parts.
I also echo the question about whether there is any requirement on local authorities; will the regulations extend to local authorities or just to privately owned land? I leave it at that, but I would be very grateful to hear any thoughts.
My Lords, we welcome this statutory instrument. We have heard that a regulatory gap arose when cross-compliance was withdrawn at the beginning of this year. Our concern is that the SI was not progressed more quickly, because the no-cutting period it covers is from 1 March to 31 August, so cutting has been permitted that is not going to be permitted next year and has not been permitted in previous years, so getting this new system in place as quickly as possible must be a priority. I was interested in the question asked by the noble Earl, Lord Russell, about whether there is any evidence of what damage has been done in the meantime and, if so, what will be done to mitigate that.
My noble friend Lady Young of Old Scone said that this is a bit of a missed opportunity because we could have done better than the former EU protections, and she went into some information about that. We have heard that the main issue is the three exemptions from the former cross-compliance—fields under two hectares, hedgerows younger than five years and exemptions to the no-cutting period—so I will not go into detail around that. Despite the fact that some noble Lords, particularly the noble Earl, Lord Leicester, who is no longer in his place, mentioned that farmers and landowners on the whole follow best management practice, and we do not want to undermine the work that farmers do, the exemptions should have been carried across wholesale into the new regulations because otherwise hedgerows are not protected. It is important that we have those protections in place in law for sound environmental reasons.
The noble Earl, Lord Russell, mentioned enforcement. The SI embraces a different approach to enforcement that we have been seeing across farming more broadly. In other words, it is now advice-led, which will improve trust and drive better outcomes. Interestingly, the SI allows a defence of mistake when regulations have not been followed, whereas cross-compliance always said a breach is a breach, even if that breach was a mistake. I think we would in principle support that because there is no point in punishing farmers if they have made a genuine mistake, but it takes more time and resources for the Environment Agency to implement the new approach. The noble Lord, Lord Teverson, asked who enforces this. My understanding is that it is the Environment Agency, but perhaps the Minister could confirm that. How is that slightly more complex enforcement going to be resourced and managed? One of the reasons for asking is because new data has shown that the majority of deadlines that were issued as part of this new advice to farmers to improve the environment were missed. It is just about making sure that it all comes together and works effectively.
Martin Lines, from the Nature Friendly Farming Network, who we all know well, said in an article that he thinks large food corporations bear significant responsibility for this. Does the Minister agree with that? Where has the evidence come from?
(3 months ago)
Grand CommitteeMy Lords, on these Benches we have real concerns and questions in relation to these regulations. This instrument was debated in the Chamber of the other place. The Explanatory Memorandum states:
“This instrument sets the percentage reductions which will be applied to delinked payments in England for 2024. Delinked payments were introduced on 1 January 2024 in place of Direct Payments to farmers under the Basic Payment Scheme … in England … As part of moving away from the Common Agricultural Policy, the Government has been gradually phasing out Direct Payments in England. It is doing this over an agricultural transition period (2021 to 2027), as provided for in its Agriculture Act 2020”.
We support the overall approach, so we will not be opposing the SI, but we have concerns about the process of transition of farm payment mechanisms in general, the resultant department underspend to date and the impacts that these are having on farmers, their economic welfare and, in many cases, their very economic survival.
The debate today so far has largely mirrored that which happened in the other place, most people being supportive of the long-term transition and policy objectives, but equally being deeply concerned about the implementation of that transition. These changes need to be assessed against the broader implementation of the whole package of measures. The truth be told, our farmers are really struggling to survive financially.
As has been said, we have had one of the wettest winters since 1836. In many cases, winter and spring crops have not been planted and livestock farmers have also suffered. The NFU farming confidence survey, published just a few weeks ago, showed that mid-term confidence is at its lowest since records began in 2010. Because of a lack of confidence, production intentions are plummeting within all farm sectors. That cannot be good for farmers or our food security. Also, the relentless wet weather has caused farmers real hardship: 82% of respondents to the NFU survey said that their business had suffered, which cannot be good either. We are increasingly seeing the impacts of climate change and I ask the Government and the Minister to be more flexible and responsive to the impacts of climate-related events on our farmers. The Government must recognise the role that farmers play in flood prevention and adequately reward them for the important work that they do in mitigating floods and protecting us from further flooding.
We have this £200 million underspend in Defra and are now four years into a seven-year transition under the SFI. The NFU survey also found that profitability had fallen for 65% of respondents. We have this big period of transition, weather events and real economic hardship for our farmers, so questions must be asked about the impact of these regulations against this overall background.
The Explanatory Memorandum states that
“compared to applying no reductions at all, the 2024 reductions set in this instrument will release around £970 million to £1,010 million”.
These are huge amounts of money, and we are worried about the impact of this change. The Government must be in possession of an overall impact assessment of the transition to ELMS to date, but this information has not been published. I ask them to be more open and flexible with the information they provide.
The Minister in the other place said of the overall budget that it is the same cake and that budgets are not being reduced. Against this, some of the slices have not been eaten because there were underspends, the department is undertaking new and more complex sets of measures around supporting farmers to undertake environmental stewardship, with a greater number of schemes being developed overall, and new organisations are now eligible for payments. Added to this, we have had the rise in inflation, which means that the budgets were not as large as set out.
All of this is adding increased financial impact; farmers are being asked to do more and there are more schemes, so the money is being subdivided to a greater extent. Given that no impact assessment is included with this SI, how does the Minister expect us to make adequate judgments about the money being provided and the decisions that lie behind that? What is the factual basis for the figures the Government have put forward? How confident are they that they have the right figures, that they are set at the right rates and that they are capable of achieving the policy objectives?
Finally, what is Defra doing to improve the situation for our farmers? What assessment has it made of the overall support that farmers need and how best it should be provided at speed and at scale? What other problems has it had to date with the implementation of the present system? What is being done to support small farmers and tenant farmers, in particular to make applications? The Minister proudly stated that half of farmers have made applications; by that same logic, half have not engaged with these schemes as yet, so how can we do more to bring them into these schemes and make them work more effectively?
My Lords, we do not oppose this SI, as we did not oppose the agricultural transition plan, but we think that the implementation of ELMS and the agricultural transition away from the BPS need to work much better and the Government need to look at how they can provide better support for farmers while this transition takes place. The noble Baroness, Lady McIntosh of Pickering, asked specific questions about small farms and tenancies; they are having particular challenges, so it would be good to hear from the Minister on that.
We have heard a lot today about how climate change continues to threaten farmers’ livelihoods. I am sure the Minister is aware that the NFU has suggested delaying ELMS while certain things are sorted out. While we have some sympathy because of the struggles farmers have had recently, delaying the implementation of ELMS and the phase-out of basic payments is not the solution.
Policy-driven agricultural practices have been one of the single biggest drivers of wildlife loss in the UK over the past 50 years. We are concerned that, if you start delaying the ELMS rollout, all you will do is create more uncertainty at a time when farmers desperately need certainty. They need to be able to plan—and to plan to farm in a way that provides food but also benefits nature. As my noble friend said, we will not reach net zero or be able to tackle species decline and biodiversity loss without the widespread adoption of nature-friendly farming practices. We have also heard that the biggest long-term risk to our food security comes from climate change and environmental degradation. That is why it is important that we get these schemes to work effectively for farming.
My understanding is that there is almost a £1 billion funding gap for agriculture to meet existing nature-recovery and net-zero targets. I do not expect the Minister to pull £1 billion out of his back pocket, but it demonstrates that this is a huge problem that needs addressing. Instead of doing what the NFU has suggested and pausing ELMS, have the Government thought about using the emergency financial measures available to them in Section 21 of the Agriculture Act? There are powers to add an additional emergency fund on top of SFI for farms that are suffering the greatest climate damage. Have the Government looked at that as a way of supporting farmers? Given the terrible weather we have had, including flooding, would that be an option?
I want to look at some of the farmers’ concerns, because the NFU is clearly not happy with the way things are at the moment. The noble Earl, Lord Russell, talked about many of the concerns in the NFU’s latest annual farming survey, which gives a good overview. It shows the lowest level of confidence in at least 14 years, and extreme weather and the phasing out of subsidies are cited as the primary drivers. Tom Bradshaw, the new president of the NFU, said his concern was that,
“if members don’t have confidence, then we as a country can’t deliver food security”.
That is a real worry.
One factor in that is the weather, about which we have heard a lot, but what was quite striking about the survey was that mid-term confidence had been hit harder than short-term confidence. That is striking because it shows that farmers are losing trust in the Government’s ability to support them through this transition period and during the challenges of climate change. Will the Minister comment on that? How are the Government working to bring back farmers’ trust? It is very important.
On the weather, analysis by the non-profit Energy and Climate Intelligence Unit forecast that crops could be down by nearly one-fifth as a result of the wet weather, and that it was likely that prices for bread, beer and biscuits, for example, would rise. Has Defra made any forecast of the impact of continued bad weather on inflation and on harvests, for example?
The NFU is concerned that the combination of the BPS being down by 50% and all these extra pressures will mean that farmers are more likely to borrow. Borrowing is more expensive, and the NFU is concerned that, as Tom Bradshaw, put it, we are facing
“the perfect storm of events”.
This is about looking at the bigger picture of how the Government will support farmers. What steps are they taking, or proposing to take, to support farmers with those extra costs?
We know that red diesel has been a particular problem, but I am not expecting the Minister to answer the difficult questions around red diesel today. I have spoken before about the benefit that family co-operatives can bring when costs are high. Have the Government looked at that, particularly around investing in new machinery, which can help to mitigate some of the difficulties that farmers are facing?
Finally, we completely agree that we need a fairer system of payments based on the principle of public support for public goods, which ELMS is bringing in, but the Government need to grasp that more must be done to make the system work much more effectively than it does at present for farmers and the environment.
(3 months, 1 week ago)
Lords ChamberMy Lords, we are at Third Reading; I will be brief and will not ask questions. I thank the Minister for his good humour and patience during the passage of this vital Bill, which had total cross-party support from the most ardent animal rights supporters in the Chamber. Although some of us might have preferred amendments, it was essential that the Bill pass without delay, and I congratulate the Minister on achieving its speedy passage.
My Lords, as it is Third Reading and this is supposed to be formal, I shall be very brief and just say how delighted I am to see how swiftly the Bill has made its passage through both Houses. It is an important Bill that many of us have campaigned to see for many years, and I very much welcome it and thank all those who have been involved.
To be honest, that was a slightly longer list of questions than I was expecting at this stage.
First, I thank all those who have been so kind to support the Bill. I am acutely aware that an awful lot of individuals, Members of this House and the other place, members of the public and other organisations, have been campaigning for this Bill for a very long time, and I am delighted that we have got it to this stage. I am also acutely aware that there are some challenges in certain places where I have been unable to satisfy the noble Baroness, Lady Hoey, and the noble Lord, Lord Empey, on the specific details. However, I think that they are acutely aware that it is probably beyond my remit to address those issues. I have tried extremely hard through both individual engagement and the debates that we have had up to this stage to put the Bill in the position that I think we all want it to conclude on, which is one where it will pass.
Therefore, I feel sad that I cannot satisfy everybody in this space, but I genuinely believe that we can collectively be proud of this Bill, and it does exactly the right thing at this moment in time.
(3 months, 1 week ago)
Lords ChamberThe noble Lord raises a series of extremely good points. By the very nature of fly-tipping, as he rightly points out, it is extremely difficult to be in the right place at the right time when someone is doing it. I completely accept that there are limitations around this. However, the Government have introduced a number of new initiatives, such as the use of cameras, to help councils on this issue. It is very difficult to deal with it. To be honest, my personal view is that it is an education issue rather than an enforcement issue, but we are probably getting a little off topic.
My Lords, the Minister has outlined some of the initiatives that the Government are bringing in to help combat this, which is clearly welcome, but recent figures show the number of fixed-penalty notices issued decreased by 19% and the number of court fines decreased by 17%. There is no point in bringing in new initiatives and increasing penalties if they are not used. Is the Minister satisfied that sufficient resources are supplied to local authorities and the police to ensure that fly-tippers are caught and properly punished?
The noble Baroness raises the issue that the previous noble Lord also raised. It is extremely difficult, by the very nature of the activity, to police it 100%. In his Anti-Social Behaviour Action Plan, the Prime Minister made it clear that councils should take a tougher approach to enforcement and make greater use of the fixed penalties available to them. We have also taken steps to encourage councils to issue more of these penalties by increasing transparency on their use, through the publication of annual enforcement league tables. Councils must also now invest the income from this in enforcement activity and clean-up.
(3 months, 2 weeks ago)
Lords ChamberMy Lords, I thank the noble Lord, Lord Black of Brentwood, for sponsoring the Bill and introducing it so eloquently. I also thank Anna Firth MP for bringing it forward in the other place. We very much welcome the Bill. We support it and want it to reach the statute book swiftly, so we are pleased that it has the support of the Government.
We have heard today that dog and cat abduction can happen for a number of reasons, which, sadly, can include resale, extortion, breeding and sometimes even dogfighting. We have heard how devastating this can be for the owners and how much distress and sometimes cruelty it can bring to the animals.
I am sure that the noble Lord would be surprised if I did not ask about the Animal Welfare (Kept Animals) Bill, mentioned by the noble Baroness, Lady Bakewell of Hardington Mandeville. It was such a shame that it was stopped when it had cross-party support. The proposals that we see today would have been brought into law much quicker if the Government had kept that Bill.
Having said that, we have heard that the Bill will create two new offences, of dog abduction and cat abduction, carrying a maximum penalty of five years’ imprisonment, a fine or both. The noble Lord, Lord Blencathra, talked about proposing an amendment regarding penalties. As he and the noble Lord, Lord Holmes, said, it is really important that, if penalties are brought in, they are used and are a proper deterrent.
The Bill provides powers for Ministers to extend the legislation to other animal species kept as pets. I am very pleased to see that in the Bill; it is a shame that a similar extension to other breeds, brought forward in an amendment to the livestock exports Bill by the noble Lord, Lord de Clifford, was not supported by the Government. Could that be revisited at some point?
As other noble Lords have said, there have been briefings on the Bill from different organisations, to which we are grateful. They include Battersea Cats & Dogs Home, Cats Protection, Blue Cross, the RSPCA and others—and the Library did an excellent briefing on this.
A number of points have been raised during the debate. As we have heard, dog and cat abduction is currently treated in law akin to stealing an inanimate object, with sentencing depending in great part on the monetary value of the stolen dog or cat. This completely fails to consider any aspect of animal welfare or the impact on the owners of this crime, which can be completely devastating, as we heard. Blue Cross has always argued that the status of pets is fundamentally different from property. They are not inanimate objects but sentient creatures and, as we have heard, irreplaceable family members. They should therefore be treated as such, and it is welcome that the Bill will finally bring this into law, because the law as it stands is too lenient.
We are aware of data from Scotland that reveals that nearly a third of dog abduction cases were related to domestic issues and ownership disputes, instead of being motivated by profit—so it is important that the sentencing and any fines are done in a proper and sensible manner. It is important that the emotional impact of losing an animal in this way is properly recognised, so we are pleased to see this in the Bill.
We have heard that comprehensive and reliable data on the true scale of pet abduction is difficult to collate due to the lack of a central database and different methods of recording. I hope we can start to make steps in the right direction and know more about what we are dealing with in order to tackle it better.
Dog and cat abduction are currently classed as theft, so some police forces find it more difficult to isolate the data on instances of cat and dog abduction compared to other types of theft. It is important that we get a clear and complete picture right across the country, as the noble Lord, Lord Black, said in his introduction.
Other noble Lords talked about the fact that instances of dog theft have been going up year on year, until I think last year, when they started to come down. But it has been a real problem since Covid-19—the noble Lord, Lord Holmes of Richmond, talked about how that completely changed the situation. In some ways, we are only just starting to get a more level playing field, given that abduction went up so much during that time.
Some police forces have higher average rates of dogs per theft. That could be significant: we need to understand the data and the thefts better, because we need to understand where thefts are actually being co-ordinated and gangs are involved. We know that cat theft is not on the same scale as dog abduction, but it is becoming an increasing problem. Pet Theft Awareness has done a certain amount of research on this and has come up with information and figures that will be very useful in taking this forward. It considered that the rise in cat theft could be attributed to the very strong market in cats and kittens, particularly pedigrees. The noble Lord, Lord Black, talked about the particular case of Betty. That means that cats, as well as dogs, are more likely to be targeted by opportunistic criminals who want to resell them—or, of course, if the cats are unneutered, use them for breeding.
While we are on cats, I was very interested to hear the noble Lord, Lord Blencathra, suggest amendments that he might bring forward on cats, pointing out that they can be quite aggressive killers when outdoors. I would just like to stand up for my own cat, Sid, in this matter. Sid, sadly, is not a very prolific killer—I do not know whether it is because he is a little fat and not very good at catching birds and small mammals—but he seems to bring in mice quite regularly, which end up living in the sofa or the kitchen cupboards, which is not incredibly helpful. Since his encounter with one of our hens, he is rather frightened of birds.
I thank the noble Lord for his supportive words regarding my position on the licensing of primates kept privately.
I confirm that we very much welcome the Bill. We are very pleased to see that it has finally arrived and strongly support the maximum sentence of five years’ imprisonment. This clearly reflects the gravity of the offence and the devastating emotional impact on both the owner and the abducted pet. It also aligns with the maximum sentence provided for by the Animal Welfare (Sentencing) Act 2021. I look forward to the Minister’s speech, but I strongly support the Bill.
(3 months, 2 weeks ago)
Lords ChamberMy Lords, I begin by congratulating the noble Lord, Lord de Clifford, on his first amendment. I, like the previous two speakers, would ideally have liked to see this in the Bill at the beginning. I have not been campaigning for as long as my noble friend Lady Fookes, but I have been campaigning to get this ban in place for a number of years—from the time when I sat on the Farm Animal Welfare Council, which I think started in the 1990s.
I am keen to make sure that there is no excuse not to get this on to the statute book. My noble friend Lady Fookes and I tried to get it into the Agriculture Bill a few years ago. We were told, “Please don’t do it”, but we promised to bring it back in another form, and here it is. I can only echo the words of my noble friend and the noble Lord, Lord Trees: yes, ideally, it would be good to have this, but let us not hold up the Bill. Please let us ensure that it gets on to the statute book so that animals can no longer be exported for slaughter or fattening.
My Lords, I thank the noble Lord, Lord de Clifford, for tabling and introducing this amendment; I was very pleased to help him with it and to support it. Although, as other noble Lords have said, the priority is to get the Bill through and on to the statute book, and we do not want to hold it up in any way, it was disappointing that the Government did not pick up this amendment following Committee. It would be a sensible, practical amendment, just to future-proof the Bill. It is not as if the amendment specifies certain animals; it would leave it open to a future Secretary of State to determine whether a particular breed of animal—rabbits, for example, were mentioned—should be brought into the scope of the Bill in future.
Unfortunately, as it stands, there cannot be any extension of species. As the noble Baroness said, ideally, we would have supported enabling that to happen in the future. I do not think any of us would want to see other species suffering what can happen during long-distance live transports. There is plenty of evidence from the RSPCA and others of the harm this causes animals, and plenty of evidence showing that, when we think they are being transported a certain distance, they are then picked up and transported much further. So, that is disappointing.
Having said that, I agree that the priority is to get the Bill on to the statute book. We strongly support it and I pay tribute to those noble Lords—the noble Baroness, Lady Fookes, for example—who have been campaigning for years to get this done; it is something I have been campaigning for myself for many years. So, despite being disappointed that this amendment has not been picked up by the Government, and thanking the noble Lord, Lord de Clifford, again for bringing it back for further discussion, I think that our priority is to support the Bill as it stands and to get it on to the statute book.
My Lords, I apologise that this is the first time I have taken part in the debates on the Bill. My noble friend Lady Jones of Moulsecoomb took part in earlier stages, but she is otherwise occupied today so we are tag-teaming.
I sympathise with the comments made by the noble Baronesses, Lady Bakewell and Lady McIntosh, on the circumstances in which our farmers find themselves. They have set up their businesses according to the policies and frameworks provided by successive Governments, and it is now clear that those will have to change radically because of the climate emergency and food security issues, et cetera. When the Government take steps, it is important that we see and understand what the impacts will be on individual farmers.
I will speak to this amendment just to ask the noble Baroness, Lady Bakewell, one question and to put on the record something that I think is important. In the debate on the previous group, we heard from all sides of your Lordships’ House that people have been campaigning for decades for the impact of this Bill to be delivered, including the noble Baroness, Lady Fookes—credit to her—and many others. It is important that we put on the record and make clear that the purpose of this review would not be to reverse the action of the Bill or to say that we have to let live exports happen again because of the Bill’s impact.
This is a situation where the UK is, without a doubt, providing leadership. There are still horrendous things happening with live livestock exports in the EU. A report last year showed that there had been
“180,000 consignments of EU cattle, pigs, sheep and other species over a 19 month period”.
Many of them suffered from
“overcrowding, exhaustion, dehydration and stress”.
There is also the subject of the biosecurity risks of moving live animals in such a manner, which I have often discussed with the Minister. To put it on the record in Hansard, can the noble Baroness confirm that there is no intention in your Lordships’ House to reverse the direction of the Bill?
My Lords, I thank the noble Baroness, Lady Bakewell of Hardington Mandeville, for introducing her Amendment 2. It seems to be a perfectly reasonable suggestion to review the impact on farming, for the reasons that she introduced and other noble Lords mentioned, particularly the noble Baroness, Lady McIntosh of Pickering. Our farmers have had a pretty tough time over the last few years. There have been a lot of changes, and this is another change—one that we strongly support. We need to ensure that our farmers are always steered and supported through any major change to the way their businesses have to operate.
An important point has been made about farmers’ concerns about being undercut by cheap imports, including the point made by the noble Baroness, Lady McIntosh, about poultry in particular. It is very expensive for our farmers to bring in the new systems on animal welfare that we expect them to. It is good that they do so and that we farm to particularly high animal welfare standards in this country, but we should not allow the sale of produce in this country that does not meet those same standards. When we do our trade deals, we need to be really careful about what we are opening a door to. We should always first support our own farmers and the standards that we need to meet in this country.
Some concerns were also raised about border controls and the cost to farmers and producers of the new controls that are coming in. I will not go into great detail about that, as other noble Lords have talked about it and we had a fairly extensive debate on it in this House— I cannot remember whether it was last week or the week before; time flies when you are having fun. Any impact of the border controls, combined with changes in how farmers are expected to manage, transport and export their produce, needs to be considered as a whole. That seems to be a very sensible approach.
The noble Baroness, Lady Bennett of Manor Castle, also made the important point that any review must take into account what the potential outcomes of that review could be. Clearly, the last thing any of us would want to see would be any review resulting in the starting up of live exports. I say that with the assumption that the Minister is not going to stand up and say that he will accept the noble Baroness’s amendment. However, it is generally the case that new legislation does get reviewed at some point—so, again, it is important that, once this is on the statute, it does not get unpicked at any stage.
Although we very much support the points that the noble Baroness, Lady Bakewell of Hardington Mandeville, is making here and the points made by other noble Lords during this debate, as previously, we would not want to slow the passage of the Bill in any way. So, while it is important that we have discussions and debates around this, we would not want to hold the Bill up at all.
I just want to make one very final point. I was absolutely delighted to hear the noble Baroness, Lady McIntosh, talk about ungulates. Many years ago, in a previous life, when I was a proofreader, I proofread a book called The Biology and Management of Mountain Ungulates—and I never thought I would get the opportunity to say that in this House.
My Lords, I am not even going to try.
I am grateful to the noble Baroness, Lady Bakewell, and to other noble Baronesses who have spoken and continue to speak towards the efforts to ensure that all impacts of the Bill on farming have been fully considered.
I will start by making three main points. First, I reassure the noble Baroness that we have already considered the impacts of this policy on British farmers and businesses and we expect the impact to be minimal, as outlined in our impact assessment, published in July 2021. The estimated direct cost to businesses of ending live exports for slaughter and fattening is around £5,200,000 across the 10-year appraisal period, or around £500,000 per year. It is also highly likely that the impact will have further decreased since then, as there have been no recorded live exports for slaughter or fattening from Great Britain to continental Europe since this assessment was published.
Secondly, when we consulted, responses indicated that some businesses which can no longer export live animals for slaughter will instead sell their live animals domestically and export the carcass or final meat products instead. We do not anticipate any issue with domestic slaughterhouse capacity being able to absorb any animals that might otherwise have been exported. In 2020, we exported from Great Britain around 6,300 sheep to the EU for slaughter and about 38,000 for fattening. These slaughter exports accounted for around 0.02% of all livestock slaughtered in the UK in 2020 and so represented a very small proportion of the total number of animals processed in the UK every year. I hope this reassures the noble Baroness.
Thirdly, in 2020 we exported approximately 480,000 tonnes of beef, veal, lamb, mutton, pork, bacon and ham from the UK, worth an estimated £1.4 billion in real terms. Clearly, this trade is much more significant to the farming industry in Great Britain than the live export trade.
I also reassure noble Lords that there are not, and never have been, significant imports for slaughter or fattening into Great Britain, and there is no established import trade for this purpose that in any way constitutes a comparable trade to the previous live export trade. According to Animal and Plant Health Agency data on imports to Great Britain from the Republic of Ireland, since the beginning of 2021 around 1,800 pigs and 500 cattle have been imported for fattening and around 900 cattle imported for slaughter. The total number of livestock imports into Great Britain for fattening and slaughter from other EU countries is smaller still, in the tens of animals or less over the same period. In stark contrast, 44,500 sheep were exported for slaughter or fattening from Great Britain to the EU in 2020.
Further to this, the very low numbers of livestock imported into Great Britain all come from EU member states, primarily the Republic of Ireland. This means that animals are reared in conditions that are comparable to the animal welfare standards that apply in Great Britain, and we do not foresee any reason why this would change.
The noble Baroness, Lady McIntosh, raised a number of issues—I will cover one or two of those. The first is the issue of Northern Ireland being used as a loophole by transporters. The requirements when transporting livestock to Northern Ireland would make any attempt to export livestock in this way uneconomic. Livestock transported for slaughter from Great Britain to Northern Ireland must go directly to the slaughterhouse: it is an offence to move the animals anywhere else. On arrival at the slaughterhouse, the animals and accompanying health certificates must be presented to an officer of the Department of Agriculture, Environment and Rural Affairs. Livestock exported for any other purpose must remain at the place of destination for a minimum of 30 days and be retagged to comply with animal identification requirements. The Bill will make it an offence for anyone to send, or attempt to send, livestock from Great Britain to anywhere outside the UK and Crown dependencies.
The noble Baroness also raised the issue of border control posts, particularly those going into Europe. The Government would like to see exports for breeding resume, but this is a commercial issue. We remain sympathetic to the concerns of the businesses involved and the department has been active in doing what it can to support a satisfactory outcome. Defra officials continue to track progress on this issue and meet regularly with the National Farmers’ Union, which represents the wider industry. It is disappointing that, despite all efforts, the companies that are seeking to identify an appropriate solution have not been successful in securing a border control post to serve their preferred routes. I did pick up on the noble Baroness’s point about Harwich to the Hook of Holland, and perhaps we can take that as a separate issue outside today’s business.
The noble Baroness, Lady Hayman, raised the issue of trade deals and welfare standards around that. On low-welfare imports, the UK Government were elected on a manifesto commitment that, in all our trade negotiations, we will not compromise on our high animal welfare and food standards. We will stand firm in trade negotiations to make sure that any new trade deals live up to the values of farmers and consumers across the United Kingdom and will maintain our high standards as part of any future free trade agreements.
Products imported into the UK must continue to comply with our existing import requirements. It has always been the case that products produced to different environmental and animal welfare standards can be placed on the UK market if they comply with these requirements, and this includes products from the EU and other long-standing trading partners. A range of government departments, agencies and bodies continue to ensure that these standards are being met, including the Food Standards Agency, Food Standards Scotland, the Animal and Plant Health Agency, the Veterinary Medicines Directorate and the Health and Safety Executive.
(3 months, 2 weeks ago)
Grand CommitteeMy Lords, I thank the Minister for his introduction and for his time, and that of his officials, in providing a briefing on this statutory instrument.
When reading through the Explanatory Memorandum and the SI itself, I was confused about what exactly was expected of both commercial fisheries and recreational fishers. I am delighted that Atlantic tuna stocks have increased to such an extent that the UK is now in a position to be allocated quota for the fishing of tuna to begin once again.
Of the quota currently allocated to the UK as a whole by the international commission, as the Minister has said, 39 tonnes is for commercial fisheries, 16 tonnes is for recreational fishers and 10 tonnes is for research purposes. Commercial fisheries will apply for a licence and recreational fishers for a permit. Whatever is caught has be measured, weighed and recorded. The commercial fisheries will get to land their catch and send it to be sold and the recreational fishers will have to throw their catch back, live if at all possible, under the CHART programme and ICCAT requirements. I understand that, for a recreational fisher, the skill of the man or woman against the guile of the fish is a great part of the experience, but it seems to me that not to be able to land your catch at all, even though you have a permit, is likely to discourage rather than encourage applying for a permit in the first place.
My only concern with this SI is the enforcement of the quota against the fish caught and landed. The restrictions are strict on how this should happen. It will be easy for enforcement authorities to see who has a commercial licence, and thus be alerted to a commercial vessel fishing for bluefin tuna without a licence and so take action. On the recreational front, I think this will be more difficult: the fisher with a permit is likely to be indistinguishable at sea from the fisher with no permit. The fisher with no permit may also be fishing for other fish and hiding their tuna catch among that fish, and certainly not throwing the tuna back.
Extensive consultation took place on this SI and the previous one we debated in February. I have read this and understand that the consultation was positive, for the greater part, and welcomed the introduction of the quota and the way in which it was to be monitored. However, I would be grateful if the Minister could say how the bluefin tuna fish quotas are to be policed. Are there sufficient personnel to carry out effective monitoring of this new fishing quota, and will this be carried out by the MMO?
I understand that the main concentration of UK bluefin tuna is around Scarborough, Scotland and Ireland, and obviously around Wales as well if the Welsh are considering applying for a quota. This should help with the policing. However, it is likely that some fishers and charter boats will try their luck outside these areas. How are the other areas to be policed?
The Minister indicated that once the quota limit has been reached, fishing for bluefin tuna will cease for that year. Since the monitoring of what is caught and landed appears to be very tight, it should be easy to ascertain when the quota limit has been reached, but this will not take account of any illegal fishing that has taken place. Can the Minister give reassurances on this matter?
I am delighted that tuna stocks have recovered to such an extent that the UK is now eligible for quota allocation. However, it will be essential for the catch to be strictly monitored against the quota in order to prevent overfishing in the future. I have to say that I am very concerned by the remarks from the noble Lord, Lord Berkeley, about the banning of fishing for pollock. I look forward to the Minister’s response to his questions.
My Lords, I thank the Minister for his thorough introduction to this SI. He talked about bluefin tuna or, as they are known in the SI, BFT, which means I can think of them only as the “Big Friendly Tuna”. They were pushed to the brink of extinction because of overfishing, so it is really welcome that the fish have returned to UK waters over the past decade and that populations are recovering in other areas such as the Mediterranean, as noble Lords have referred to.
I want to look at just a few bits. Paragraph 7.10 of the Explanatory Memorandum outlines that
“Defra intends to open a BFT CRRF”—
I have not decided what else CRRF could be, but there are a lot of acronyms in the Explanatory Memorandum. The maximum scale of the CRRF is to do with the availability of the quota. We heard in the Minister’s introduction and in noble Lords’ comments about the implications of that quota in the long term, not just as it is set now.
I was also interested to see in paragraph 10.3 that there was a fairly thorough consultation between July and September 2023. Paragraph 10.3 outlines a number of ways in which the scheme has been revised following the consultation. One of the things I wanted to pick up on, and I will come back to, is the reasons why the introduction of permit charges was delayed.
One of the responses to this announcement was from the leader of the Blue Marine Foundation, Charles Clover—I am sure the Minister knows this. Charles Clover said he is anxious that
“we are just starting off a cycle of commercial fishing far too early in its recovery which we cannot control. We are creating a new commercial interest in fishing bluefin which will need close scrutiny. Realistically, the survival of the bluefin now will be about setting quotas strictly within scientific advice”.
Clearly, we all want this to work. Can the Minister say something regarding Charles Clover’s concerns? On the face of it, the quota that has been brought in by Defra looks absolutely fine, and we support the SI, but, having looked at the Blue Marine Foundation’s comments, I ask the Minister: how will the quota be kept under review? Will Defra be prepared to make significant changes if the data suggests that any changes are needed? How would that come into play?
On that point, I want to look at what my noble friend Lord Berkeley said about pollock. Again, this is about the accuracy of quotas, when this is reviewed, how it is implemented and the impacts on the fishing industry. It is often very small boats that rely on this for their living.
To come back to the postponement of the introduction of permits, the Explanatory Memorandum says that
“the introduction of charges for permits has been postponed, to allow time for further work to confirm the scope and scale of such charges, as well as how any charging income would be used”.
Questions were asked about the delay in charging for permits when this SI was debated in the other place. The Minister responded that permits would ensure that
“the whole industry will be conducted responsibly, with the best welfare in mind”,—[Official Report, Commons, Fourth Delegated Legislation Committee, 24/4/24; col. 8.]
which obviously we support, but it would be useful to have a bit more information as to the timescales for this, what is likely to happen and what it is likely to look like when it comes in. What does “further work” mean? What kind of work is being carried out? It would be useful to know. Having said that, we are supportive of this. It is good for the industry and for coastal communities, and it is great that we have tuna back.
I hope the Minister will forgive me, because I know this is not what the SI is about, but I want briefly to raise concerns about the salmon farming industry, following a story I read in the media this morning. Official figures from the Scottish Government suggest that farmed salmon mortality hit record levels last year, with over 17 million deaths. There has been increased incidence of mass mortality events in farms elsewhere in the world. We know that these mass die-offs are believed to include sea lice infestations and environmental stressors, such as poor oxygen levels in water, with overpopulation of pens exacerbating the problems.
I was concerned about Defra’s decision to allow Salmon Scotland’s application to change the protected name wording on the front packaging from “Scottish farmed salmon” to “Scottish salmon”, as I think that is pretty misleading. That change is also not supported by Animal Equality UK and WildFish, which say that, as well as being misleading, it breaches assimilated EU Regulation 1151/2012—the Minister may want to write that down—on quality schemes for agricultural products and foodstuffs. I am aware that this is outside the scope and subject of this SI, and I apologise to the Minister for being a little cheeky, but I know that he has a particular interest in and knowledge of this area, so I would be grateful if he could look into this.
I thank noble Lords for their interest in this matter and in other fishery-related issues.
I start by commenting on the issues in Scotland, raised by the noble Baroness, Lady Hayman. I am highly sympathetic to this issue because, in a previous life, I chaired the Atlantic Salmon Trust, which deals with wild salmon and interacts with the aquaculture industry on a daily, permanent basis. There are some serious challenges in this space. I have a personal view and then there is a Defra view. I should probably stick to the Defra view for the moment—unless your Lordships can coax the other one out of me later.
The level of mortality of farmed salmon, in my view and Defra’s, is completely unacceptable. As your Lordships know, salmon farming is an issue devolved to the Scottish Government. The only jurisdictional reach that Defra has into aquaculture is through its work on antimicrobial resistance and the use of antibiotics, which is UK-wide. It is no coincidence that salmon farming is one of the least successful industries at reducing its antibiotic use. It is an area of serious concern and those concerns are being raised. I accept the noble Baroness’s comments on the name change. I can see from noble Lords’ body language that those are collective comments and, as your Lordships’ can probably see, I am minded to share those views. I will take that back to the department to quiz officials further. It is a completely unacceptable state of affairs.
I turn my attention to some of the questions that were raised on bluefin tuna. The issue that sits behind many of them is the sustainability of this particular fishery. We have been in a bad place in the past, but there were no rules, regulations and oversight then. My personal assessment of the situation is that ICCAT has a very firm handle on the conservation status of Atlantic bluefin tuna.
As I said in opening, the issue for me personally is that we get 0.16% of the overall quota. My maths is not brilliant but, if we get 60 tonnes in round terms, and the percentage is then only 0.16%, there are many hundreds of thousands of tonnes being allocated elsewhere. This is an Atlantic fish; it is only in the Atlantic. It seems inconceivable that the UK’s involvement, in its recreational or commercial fishery, would in any way impact on the population, when we are getting 0.16% of the quota that has been allocated by an international organisation that has the welfare of the bluefin tuna at stake. That satisfies my personal position on this, and I hope it goes some way to satisfy others as well.
The noble Lord, Lord Berkeley, raised the issue of the pollock fishery. In many respects that fishery, which is governed under ICES, the International Council for the Exploration of the Sea, seems to be sitting almost 50 years behind the bluefin tuna. I do not know quite how we got ourselves into a position where a fish species has been designated as below a certain conservation status, and therefore we cannot take a quota from it, but we are governed by ICES and restricted by its quota. This has been much debated in the other House. I do not think there is anything I can usefully add to that, other than that it is in no one’s interests that our fishery stocks are depleted to the state that we are in today, because that causes all the hardship, aggravation and financial stress and strain that we are seeing down on the south-west coast.