Wildlife Crime

Barry Gardiner Excerpts

Thursday 10th October 2013 Westminster Hall

[Barry Gardiner (Brent North) (Lab)]

It is a great pleasure, Mr Benton, to serve under your chairmanship in this debate. I pay tribute to the Chair of the Environmental Audit Committee, my hon. Friend the Member for Stoke-on-Trent North (Joan Walley), who usually does a sterling job in steering her group of colleagues to impeccable conclusions, and this report is no exception. I welcome the Minister to his new position. I had the pleasure of serving with him on the Environment, Food and Rural Affairs Committee, and I know that he brings to his new role not only a wealth of experience and knowledge but a great deal of passionate commitment, and I look forward to working with him.

It has been a good debate. We have gone over many aspects of the original EAC report, but I still have a few issues to highlight. First, there is a need for the Government to clarify their position on controls of the possession of certain pesticides, in view of the effect that they can have on wildlife and the way they are used in wildlife crime in this country. I refer to the supplementary evidence that was submitted to the Select Committee by the Royal Society for the Protection of Birds and particularly want to draw it to the attention of the Minister. Currently, offences occur as a result of improper storage and use of approved pesticides contrary to the statutory conditions. The improper storage and use of pesticides that have had their ministerial approval removed is, of course, an offence. There are also examples of people storing legitimate pesticides specifically for attacking wildlife in this country, and they are escaping the law at the moment.

Carbofuran is an example of a pesticide that has had its ministerial approval for use removed, but can still be properly stored in England. Section 43 of the Natural Environment and Rural Communities Act 2006 creates an offence of possession of pesticides harmful to wildlife proscribed by the Secretary of State. That is a method of ensuring that we capture the storage of those pesticides for illegal purposes—where they are being used to kill wildlife. An order listing the prescribed pesticides could be made, which would deal with that issue.

In Scotland, a list of eight pesticides has been prescribed—aldicarb, alphachloralose, aluminium phosphide, bendiocarb, carbofuran, mevinphos, sodium cyanide and strychnine—under the Possession of Pesticides (Scotland) Order 2005. We need such legislation in England. We have the provision for it under the 2006 Act, and the RSPB, in its supplementary evidence to the Committee, made a strong case for legislation. I hope the Minister will look at the matter seriously. It is one way in which the pesticides used in poisoning wildlife in the UK could be brought under control. A full enactment of section 43 NERC controls would be a powerful tool in the fight against wildlife crime and the illegal poisoning of wildlife in particular.

As I have said, that offence in Scotland has shown its value with at least 10 successful prosecutions involving at least four of the products on the current list, one of which involved the possession of 10.5 kg of carbofuran. Let me put that in perspective. That amount of carbofuran is enough to poison the entire Scottish population of birds of prey six times over. I recommend that the Minister considers such legislation. It is a remedy that is easily available to him. It has proved its efficacy in Scotland and should be replicated in England.

On the subject of birds of prey, I want to echo the wise words of the Chair of the Select Committee about raptor persecution and vicarious liability. No one should underestimate the true effect of raptor persecution on some of the UK’s most endangered species. According to the Government-sponsored joint nature conservation committee report on hen harrier conservation, 2013 was the first year in which there was not a single successful breeding pair in the UK. That is extraordinary, and I know that the Minister, although new to his position, will take the matter seriously. There is enough appropriate habitat in the UK to support 324 to 340 breeding pairs of hen harrier. Today, we have zero breeding pairs.

As for the peregrine falcon, the goshawk and other raptors, it is absolutely clear that someone is more likely to see a peregrine falcon from the terrace of the House of Commons than they are on a walk through the north-west Peak district. Why? That is a question that the Minister should ask himself. The Committee was entirely right to focus on vicarious liability, because without vicarious liability we will lack a key piece in the puzzle—highly intensive, driven grouse moors with irresponsible owners. At this point, I will say that there are many grouse moors that are sensibly, properly and responsibly managed. However, we all know that there are also irresponsibly managed moors, and the evidence shows that they are having a devastating effect on the populations of some of Britain’s most iconic birds of prey.

The EAC report shows a clear understanding of that problem. Of those convicted of raptor persecution, 70% are gamekeepers. There is no getting away from that fact and it is something that the Department must address by looking seriously at vicarious liability.

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

I take very seriously what the hon. Gentleman says, but I hope that he will also recognise that the population problems—particularly with regard to hen harriers, which he referred to—is not restricted exclusively to areas where there are either amateur or professional gamekeepers. Indeed, I also hope that he will concede that even RSPB reserves have failed to establish any breeding pairs of hen harriers. So, I hope that he is not implying that this problem is purely down to one cause, and when the Minister responds to the debate I hope that he, too, will take that point on board and recognise that the problem is a little more complex than that.

[Barry Gardiner]

I am very happy to accept what the hon. Gentleman says. He is, of course, right that there are many and complex reasons why a species may become extinct in the UK. However, the fact is that the species that I am talking about is on the brink and is being persecuted by some irresponsible gamekeepers. That is absolutely clear.

I welcome all that the game industry is doing in terms of distraction feeding and so on; it is making serious efforts. However, some irresponsible gamekeepers shoot raptors and they have a vendetta against hen harriers in particular. That must stop and the way to achieve that is through vicarious liability.

We are pressed for time and I want to leave the Minister enough time to respond to the debate. Four key points have been raised today by colleagues. First, which chief constable is currently responsible for the national wildlife crime unit? We need to know that, because the person we all thought was responsible has been suspended. Secondly, will the Minister give an assurance that the NWCU will continue beyond 2014, and will he consider incorporating it into the Department’s three-year funding cycle as part of its base budget and stop this nonsense of one-year roll-on? Thirdly, will he commit to running a more effective convention on international trade in endangered species regime domestically, under the Control of Trade in Endangered Species (Enforcement) Regulations 1997? Fourthly, there has been an impassioned plea to stop the illegal slaughter of elephants, as the hon. Member for Richmond Park (Zac Goldsmith) pointed out. Incidentally, I just say to him that the pangolin is a scaly anteater; it is Manis manidae. However, it is a mammal, even though it has scales. The hon. Gentleman pointed out, quite correctly, the connections with al-Shabaab, Janjaweed and the Lord’s Resistance Army. This is big business, and it is big criminal business. For that reason, I heartily endorse his remarks and hope that the Department will take this issue very seriously indeed. If it does not, its staff will look very silly next year at the meeting next February to discuss international wildlife crime, which we are hosting.

--- Later in debate ---

[George Eustice]

Given the strength of feeling on this issue—there are Members who have already made that point—we will indeed look at that and we will get back, in detail, on it.

I remember that when I was given this job my hon. Friend the Member for Richmond Park sent me a text message saying that he needed to talk to me about elephants. Now I know what that meant and we are talking about it for the first time here. The Government have been a major contributor to the African Elephant Fund, which funds the African elephant action plan, agreed by all the countries that have African elephants. The first objective of that plan is a reduction in the illegal killing of elephants and illegal trade in their parts or derivatives. There is certainly a commitment on the part of the Government. I welcome and respect the passion that my hon. Friend has brought to that element of the debate.

The hon. Member for Stoke-on-Trent North talked about problems of raptor persecution. A number of hon. Members mentioned hen harriers in particular and problems relating to those. The persecution of birds of prey is of grave concern. Although many of our birds of prey are doing well, their persecution is not acceptable. We remain committed to addressing the illegal killing of birds of prey. Persecution can take many forms, such as poisoning, shooting and deliberate destruction of nests, and it is totally unacceptable.

Bird of prey persecution remains one of the UK’s wildlife crime priorities and we will continue to work to ensure that we take the right steps to take enforcement action in respect of any offences being committed. DEFRA is working with the police and other stakeholders who are best placed to help facilitate a reduction in bird of prey persecution. The group working on this has been looking at types of offence that occur and, earlier this year, established maps that show where incidents of bird of prey poisoning have taken place. This will help detect to trends and inform decisions on where action might be targeted.

A main focus of our efforts will be the hen harrier, populations of which in England are critically low. No nests appear to have been successful this year. Hon. Members commented on the number of hen harriers. There are some breeding pairs in Scotland. Although full details are not available, there are apparently 12 breeding pairs in England and many more in Scotland and Wales. Persecution is regularly cited as a reason for failure for the hen harrier population to grow, so considering how enforcement tools can be best used to protect it is an important strand of work in assisting its recovery in England. Let me assure hon. Members that there is a robust legal framework for protecting birds of prey in England, with penalties including imprisonment for offenders.

There is almost universal agreement—the Committee’s report contained a strong recommendation for it—on recognition for the important work of the national wildlife crime unit. I recognise and appreciate the huge contribution that the unit makes to wildlife law enforcement, both in the UK and internationally. The unit is small, but its impact is big. It has helped raise awareness of wildlife crime and provided professional expertise and support for wildlife law enforcers across the UK, enhancing their ability to identify and tackle wildlife crime. It has also played an important part in a number of Interpol initiatives targeting particular species groups and has lent its expertise to and assisted in global efforts to conserve those species most at threat from illegal international trade. It clearly has strengths and expertise that would contribute to the UK’s response, which is another reason why we need to reach a decision on the future of the unit as soon as possible.

The hon. Lady asked specifically about the Association of Chief Police Officers head of the NWCU, wanting to know who has taken on the role. I am told that it is currently in the hands and under the leadership of acting Chief Constable Bernard Lawson from Cumbria, who took on the role temporarily from Chief Constable Hyde. A new head of wildlife crime for ACPO will take on the role permanently, once they are appointed.

The Committee recommended that long-term funding for the unit should be secured and the Government have confirmed that funding will be provided until the end of March next year. Many hon. Members agree strongly with the Committee—I have listened carefully to the points made, including by the shadow Minister, the hon. Member for Brent North (Barry Gardiner)—about the importance of securing funding for it. I understand the frustration with the fact that it has not been possible to do that so far.

The funding is not as straightforward as it might appear. Hon. Members will be aware that the unit is currently co-funded by DEFRA, the Home Office, the Scottish Government, the Northern Ireland Government, ACPO and the Association of Chief Police Officers in Scotland. All these bodies are considering their position on the future of the unit and recognise how important it is that we come to a decision as soon as we can. We will advise the House as soon as a decision has been made.

The shadow Minister mentioned possession of pesticides, particularly in the context of harrier populations. The Committee raised this concern in its report. Specifically, there is concern about possession of carbofuran and other pesticide ingredients and whether we should follow the Scottish example and the approach taken there. The Committee recommended that possession of such chemicals should be an offence. I am grateful to hon. Members for raising this today, as it gives me an opportunity to clear up this matter.

The hon. Gentleman says that it is legal to store these chemicals, but not to use them. However, the advice that I have been given is that approvals for the use of pesticide containing carbofuran were revoked in 2001, which means that the advertisement, sale, supply, storage or use of carbofuran is already a criminal offence under existing UK legislation. Therefore we do not need to change the law. We simply need to recognise that it is already illegal to store it.

[Barry Gardiner]

Of course, this is not only about carbofuran, but about a range of other chemicals that can be used to poison wildlife, not just hen harriers. I agree that it is not necessary to change the law. There is a perfectly sensible provision, under the NERC Act, that would allow a list of chemicals to be drawn up that can be, and are being, used in this way. The Scottish experience shows that by putting chemicals on that list and applying the law, and then successfully enforcing it and prosecuting people, it is possible to target the criminals who are doing this.

[George Eustice]

I understand the hon. Gentleman’s point—I probed it when looking into this issue—but approval for the majority of pesticides linked to wildlife poisoning cases has been revoked, or they have never been approved for use. Carbofuran tends to be, as it were, the weapon of choice for those who want to poison these birds. It is already illegal under existing pesticides legislation. This legislation, together with the use of amnesty initiatives in place in some areas, already addresses this issue. Therefore there is no need to create a new offence.

[Barry Gardiner]

I appreciate the Minister’s engaging in a dialogue on this point. If prosecutions were taking place under the existing proscription of these chemicals, we would be more confident that the law was effective in stopping their being used for poisoning wildlife. Given that that is not so, and that the Minister will accept that they are still being used to poison wildlife—not just carbofuran, but the other ones I listed—perhaps it does make sense to put them on the list under NERC.

[George Eustice]

If, as the hon. Gentleman says, there is a low conviction rate for the illegal use of these chemicals, that suggests a difficulty in or lack of enforcement, not that the law is falling short in allowing prosecution. There is no material difference between being able to find that somebody is storing a chemical or having it hidden away in the garage or a farm shed and their having possession of it. Therefore that would not change the ability to get convictions on this front.

The Committee recommended that the Government introduce a new offence in England of vicarious liability—mentioned by the shadow Minister and other hon. Members—following the Scottish Government’s decision to introduce the offence in January 2012. The Law Commission has been considering the issue further as part of its wildlife law project. I understand that the commission will publish a report shortly setting out its conclusions following consultation, which will include its views on whether to introduce an offence of vicarious liability. It would probably be prudent to await that report before commenting further.

The Committee also recommended that the national wildlife crime unit be directed and funded to develop a wildlife crime database of incidents reported to the police and of prosecutions. Although I can see why the Committee made that recommendation, recording that information alone is not the answer. To better understand the nature of wildlife crime being committed across the UK, the unit works with Government Departments, police force intelligence bureaux and scientific and other organisations to produce an intelligence-based assessment of current, emerging and future wildlife crime threats, with recommendations for action. That approach ensures the best use of the unit’s time and resources and focuses attention firmly on intelligence, which is consistent with modern policing procedures and practices. I am concerned that if we diverted the unit’s efforts into developing a database, it might take effort and resources away from intelligence and the pursuit of leads.

The unit launched a new website in June 2013 that contains lots of useful information and background, and it is already proving to be a useful resource and source of information. I hope that hon. Members who take an interest in wildlife crime will look at that website, because it helps to share information.

The hon. Member for Stoke-on-Trent North mentioned the rather technical issue of the proposed changes to the COTES regulations and asked specifically when that is likely to be concluded. There is an ongoing consultation, and the tweaks to the COTES regulations are quite technical. We had initially hoped to conclude at some point this year, but since then there have been additional EU directives that the consultation must take into account. As a result, we expect the consultation to be published some time in 2014. The consultation, nevertheless, is under way, which I hope reassures her.

As I draw to a close, I once again thank the hon. Lady for introducing this debate. I also thank all the hon. Members for their thoughtful contributions. Wildlife law enforcement is of course a wide-ranging issue. The law is sometimes complex and overlapping, arising as it does from international, European and domestic legislation. There will always be a balance to be struck, for example, between what we can achieve and where best to focus our combined energies and commitment to deliver the greatest benefit, and I suspect we will never all agree on where our activity should focus. I am absolutely convinced, however, that this is an area where we cannot reduce our effort and where we must continue to work together in partnership.

The UK has a good story to tell on its approach to wildlife law enforcement, and our general approach is widely respected across Europe and internationally. We absolutely cannot be complacent, however, and although the Government cannot accept all the Committee’s recommendations, we welcome the Committee’s interest and engagement in this matter.