Infrastructure Bill [HL]

Baroness Parminter Excerpts

Monday 3rd November 2014 Lords Chamber

[Lord Davies of Oldham]

My Lords, I speak to Amendments 59 and 60, and to indicate to the Minister that we support the clause but that there are a few issues that we wish to take further. We recognise the extent to which the Minister has responded to the contributions that were made in Committee about these issues. The Bill is much better drafted as a result of her amendments—or will have been better drafted after her amendments have been accepted—than it was when we saw it in Committee. We acknowledge the changes in the Government’s position on the meaning of “native” and “non-native”, and we thank the Minister for taking our comments in Committee on board on this important issue.

The current language in the Bill could have significant adverse effects on biodiversity. We recognise the necessity to protect against invasive and non-native species, but it is also important that we see the extent to which biodiversity is protected in a world where there are many restrictions and anxieties about the reduction in biodiversity. I am particularly concerned about the omission of certain species from the Bill and the fact that the Bill, as it stands, takes no account of the protection afforded to native species such as the beaver.

The habitats directive, which is an EU directive adopted in 1992 and is one of the EU’s two directives relating to wildlife and nature conservation, aims to protect some 220 habitats and approximately 1,000 species listed in the directive’s annexes. These are species and habitats considered to be of European interest, following criteria given in the directive. Article 12 of the directive states that all the species listed in its Annexe IV require strict protection in their natural range, and the species listed in this annexe include the European beaver. We are concerned that the Minister appears to give no recognition to this fact. There are growing concerns around the UK and Europe that the habitats directive is being undermined or is not being fully or properly implemented. Therefore, it is important to highlight the legal protection that it provides for particular species.

The amendments that the Government have put down are, of course, welcome, and I appreciate the extent to which the Minister has listened to the work of the Committee. However, they introduce a possibility that native species can be placed on a list of difficult animals and so can receive species control orders. For example, the absence of native species such as the beaver from Part 1A is worrying, as is the inclusion of the wild boar in Part 1B. Wild boar is clearly now being re-established as a significant species in the United Kingdom, and I want to make the case with regard to the beaver. Amendment 85 adds beavers to the list of native animals. We are aware that some consider the beaver to be recently introduced, but archaeologists have discovered remains of beavers that go back over a considerable period of time. It is true that they largely died out 500 years ago, although the most recent known reference is in the late 18th century. Within Great Britain, there are currently several populations of beavers, one in Devon and two separate populations in Scotland. One of those, in Argyll, is an official trial reintroduction, which is due to conclude in 2015. The other two are made up of beavers that have likely escaped from wildlife centres and begun to breed.

In 2011, Scottish Natural Heritage estimated that there were at least 39 groups of beavers in the River Tay area and they are reportedly spreading into other river systems. It is therefore clear that beavers are already living wild in the UK in significant numbers and are well established in this country. To date, there have been 157 beaver reintroductions throughout Europe and there are now free-living populations in around 30 European countries, including our neighbours the Netherlands, Belgium, France and Denmark.

As it currently stands, the Bill would classify beavers are “not ordinarily resident” and would allow them to be controlled by techniques aimed at invasive species. This takes no account of the fact that beavers are a native component of British wildlife, as I have sought to demonstrate, and I hope that the Minister will respond to those points when she comes to sum up.

Finally, on our Amendment 80, we are concerned about,

“the standards of animal welfare required when carrying out species control agreements and orders”.

We recognise that the Minister has moved a great way to accepting that definition and I record our appreciation of that point at this late juncture.

[Baroness Parminter (LD)]

My Lords, like the noble Lord, Lord Davies, I thank the Government for the large number of amendments and the movement that has been secured by the Minister and civil servants since we met in Grand Committee. We are all in support of the Government’s intention to deal with the problem of non-native invasive species, but we were concerned about some of the possibly unintended but nevertheless serious consequences of some of the wording around non-native. I will not repeat the arguments because the time is late, but I am particularly pleased that the Government have, through these amendments, addressed those particular issues of definition and that the native species that were wrongly classified as non-natives have been moved into a separate section.

However, another area of concern was the potential for this legislation to impact on future reintroductions of formerly native species that could have important benefits for biodiversity targets and people’s experience and appreciation of nature. We are all opposed to unlicensed reintroductions but question marks still remain over the ability of control orders to apply, for example, to formerly extinct animals that naturally recolonise here. I accept that getting definitions to cover all these potentialities is extremely difficult and it may be asking too much for the Bill to cope with that. Therefore, it was extremely reassuring in Committee to hear the Minister say that control orders would be looked at on a case-by-case basis. However, it is equally key that the code of practice is used to set out the intent of the limited use of control orders. I am therefore pleased that the Government have moved to ensure full public consultation on the code of practice. The opportunity to give further reassurances about the use of control orders could be done by more expansively setting out their proposed limited use therein.

I have a question about Amendments 84 and 85, tabled by the noble Lord, Lord Davies of Oldham. Proposed new Part 1B amends Schedule 9 to the Wildlife and Countryside Act to include animals no longer normally present. The addition by the noble Lord, Lord Davies, of the beaver prompts me to ask the Minister, like him, what criteria the department are using to select just wild boar to be included in the proposed new Part 1B. I invite the Minister to say a few more words in her summing up about the criteria that would be used to assess any other species that might be added. As she said, the beaver might be one of those. It is important that we are clear about the criteria before we move forward.

[Baroness Young of Old Scone (Non-Afl)]

My Lords, I add my thanks to the Minister for her amendments, which have removed some of the anomalies that resulted from the original drafting. I commend the Government for the principle of tackling in legislation, at long last, the issue of invasive non-native species—something that has been called for for many years. We are nearly there but it does need some further improvement. However, I join the barn owls, red kites and corncrakes in thanking the Minister for the progress made so far.

However, in common with many other noble Lords tonight, I am rather unclear about the Government’s intentions as other changes created by the new drafting seem to have some adverse aspects. They stem, for the most part, from the move from the original intention of this clause in the Bill as it was first drafted, which was to address the problem of invasive non-native species. That was very much stressed in the Explanatory Notes. However, the debate in Committee and the amendments as they have come forward seem to indicate that the clause is now seen as being wider than its original intent of simply addressing invasive non-native species, and that it could include the control of some species that I would regard as de facto native. The crux of this is the tricky new category of “no longer normally present”.

If I understand it correctly, the effect of the amendment would mean that it would still be possible to apply control orders to native species. This might be appropriate for those unlicensed reintroductions that have proven problematic in some circumstances, but the clause rather goes beyond that. It specifically introduces, in new Part 1B of Schedule 9 to the Wildlife and Countryside Act, the category of species not normally present, into which boar has been placed. I agree with other noble Lords that we need some clarity about why boar was selected, and what criteria would be used were other species to be added to this part of the schedule in the future.

We also have to be mindful of EU legislation. It is important to understand how this provision would sit with Article 12 of the habitats directive, which gives special protections to species within their natural range, listed in Annex IV, regardless of how they arrive there. I ask whether it is really the Government’s wish to apply control orders to animals that have formerly been present in Great Britain and have naturally recolonised this country. A consequence of the “no longer normally present” definition could be that an animal that has been extinct in Great Britain but starts to recolonise the country could be subject to a species control order.

Even though it is this time of night, I will briefly commend the spirited support for the beaver by the noble Lord, Lord Davies of Oldham. The beaver is an excellent creature, which one could have said was no longer normally present for a while, but it appears to be very much present and breeding like beavers at the moment. I will correct some of the misapprehensions that arose in discussions about the beaver in Committee. The European beaver is extremely different from the North American beaver. It does not build whacking great dams and it does not create floods. In fact, it is one of the most perfect managers of mosaics and beautiful habitats that I have ever seen. If noble Lords get a chance to go and see a habitat as managed by a European beaver in Scotland or, indeed, any of the other places where it is popping up and breeding well, do go. It is a delight. Certainly, I cannot imagine the circumstances in which a vegetarian animal, which creates no damage, could possibly ever be subject to a control order.

To conclude, I am grateful that the clause is now better, but a little extra push could get us all the way. In particular, I urge the Minister, as well as answering my points, to tell the House why the Government want to extend the purpose of the clause beyond invasive non-native species and what they are trying to achieve through the definition of “no longer normally present”.

I hope that the Government will address those issues; if not now, when the Bill proceeds to the other place.

--- Later in debate ---

[Baroness Kramer]

My Lords, I apologise. The late hour is completely turning my brain to pulp and it was not that great to begin with.

To address the issues raised in Grand Committee we have tabled four amendments in respect of the English and Welsh codes of practice that accompany the provisions. Amendments 79 and 82 ensure that the codes of practice must set out standards of animal welfare to be applied in respect of species control operations under agreements or orders. Amendments 81 and 83 ensure that a public consultation on the codes of practice will be carried out before they are issued. As currently drafted, only the Secretary of State and Welsh Ministers are required to consult the environmental authorities.

Additionally, we wish to make four minor and technical amendments. As currently drafted, where an owner appeals against an order, they are not required to carry out any operations specified in that order until the appeal is finally determined by the tribunal. Amendment 72 clarifies that where appeals are brought, the period of suspension of the need to carry out operations will come to an end when the appeal is determined by the tribunal, or the owner withdraws the appeal. As currently drafted, there is no reference to withdrawing an appeal.

Amendment 73 removes the time limit for making an appeal to the First-tier Tribunal, against an order, from this legislation. Time limits are governed by the tribunal’s statutory procedure rules, so it is not appropriate for these to be duplicated in these provisions. We can, however, set out the time limit that applies in the codes of practice to provide clarification for owners.

The financial penalty for offences under these provisions was drafted on the assumption that Section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which provides for an unlimited fine, would come into force before these provisions would be commenced. It is now uncertain that this will be case. Amendment 76 therefore clarifies that where an offence has been committed, the current penalty, a fine not exceeding £40,000, will apply until Section 85 is commenced. Amendment 78 clarifies that the Secretary of State and the Welsh Ministers may make joint or separate arrangements for the payment of compensation to an owner. This is to ensure clarity on this issue, should it arise.

[Baroness Parminter]

My Lords, on behalf of the House, though there is almost no one here to hear it, I thank the Minister and civil servants for listening to those of us in Grand Committee who argued particularly on two issues. First, this is a controversial subject. As I said earlier, we all agree that we need to control non-native invasive species, but the range of views among stakeholders is controversial. That the code of practice will be open to full public consultation, which was not in the original Bill, is a very welcome initiative. Equally, I am grateful that Peers had the opportunity to see the draft of those codes of practice before Report. That was extremely helpful.

Secondly, the other issue to which the noble Lord, Lord Davies, referred earlier is the fact that the Bill now rightly includes humane standards of dispatch for any animals which are subject to control orders. That was a large oversight which has been rightly rectified. If animals are going to be controlled, as some will have to be, it should be done with minimum suffering, pain and distress. It is to the credit of this coalition Government that that has been included.

[Lord Teverson]

I add my congratulations. I contributed to this debate in Grand Committee. It is good to see that a great deal of listening has taken place and some practical action has occurred. I am impressed that the Minister is also such an expert on areas such as non-native invasive species. The fact that a lot of these issues have been resolved is a good example of how government can work with the House to resolve important issues such as this one. Given globalisation, this area will grow in importance as the years go on. It is important that we get it right now. I congratulate the Minister on what she has managed to achieve.