Environmental Protection

Caroline Johnson Excerpts

Wednesday 13th November 2024 Commons Chamber

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

It is a pleasure to follow the maiden speech of the hon. Member for South Dorset (Lloyd Hatton). It was an excellent maiden speech—very interesting—and his constituency sounds lovely. Indeed, it sounds almost as lovely as Sleaford and North Hykeham, but not quite. I welcome him to his place, and hope he enjoys his time in the House.

I also welcome the regulations. Some people say that ten-minute rule Bills never become legislation, but today, mine will. On 8 February 2023, I introduced the Disposable Electronic Cigarettes (Prohibition of Sale) Bill. I put on record my thanks for the support of my hon. Friend the Member for South Leicestershire (Alberto Costa), and the hon. Members for Richmond Park (Sarah Olney), for Barnsley North (Dan Jarvis), for Gower (Tonia Antoniazzi) and for Blaydon and Consett (Liz Twist), as well as many former Members who supported that Bill. There was then a consultation that showed that the measures in the Bill had broad support in the country. It showed that at that point, 70% of the public supported those measures—a high figure. The Conservative Government then introduced the Environmental Protection (Single-use Vapes) (England) Regulations 2024, which sadly did not pass through wash-up before the general election and therefore did not become law. I am delighted that the current Government are bringing these measures forward, but disappointed that they will not come into effect until June, although I understand the reasons that the Minister has given.

There are essentially two reasons why this legislation is very important: the protection of children, and the protection of our natural environment. When it comes to protecting children, I declare an interest—well, three interests as the mother of three children, but also an interest as a children’s doctor in the NHS. As has been said, when vapes were introduced, it was claimed that they were a “stop smoking” device. I would argue that they were introduced as an alternative addiction, but they certainly are not suitable for children. The chief medical officer has clearly stated on a number of occasions that vapes may be better than smoking, but those who are not smokers should avoid using them at all.

Unfortunately, children have been attracted to these devices. It is my view that in some cases, the vaping industry has made them deliberately more attractive to children. I do not see why a middle-aged smoker wishing to quit would need a unicorn-flavoured vape, or one shaped like SpongeBob SquarePants or a teddy bear. They are cheap, disposable, and in my view clearly designed to attract children, which they certainly have done. This risks creating a whole generation of nicotine addicts, and the long-term effects of these devices are unknown. They are causing disruption in schools—eight children at a Sleaford school in my constituency have collapsed following the inhalation of certain vapes.

The protection of the natural environment is important. When I introduced my ten-minute rule Bill, I mentioned in my speech that 1.3 million of these devices were being discarded a week. The latest figure is 5 million, and even that figure is becoming slightly out of date. They are very difficult to recycle, and if they are discarded as litter, they create toxic waste that pollutes our soil, rivers and streams. If they are crushed in a bin lorry, they can cause fires, and have indeed done so.

[Max Wilkinson (Cheltenham) (LD)]

Does the hon. Lady agree that there is a particular issue with the discarding of single-use vapes in our town centres? Most of our councils do not have enough money to keep town centres clean; in Cheltenham, I believe the bill is in excess of £1 million per year. There is a real issue there, not just about the environment, but about public sector finances at the local level.

[Dr Johnson]

I understand the hon. Member’s point, but the party responsible for putting an item in the bin is not the council, but the person who has it in their hand. People who drop litter should take responsibility. They should not be doing so in the first place. When I worked with the River Slea clean-up project a year ago, we picked up a lot of these devices from the riverside and the river itself. They are clearly a danger to the environment and should not be discarded.

My hon. Friend the Member for Epping Forest (Dr Hudson) talked about his dog Poppy. He has recounted that story to me before, and it horrified me, as a dog owner, that any animal could hurt themselves so badly with a vape. We also heard the Minister talk about tyres exploding; goodness knows what would happen if a poor dog or another animal crushed one of these things in their mouth, so I am pleased that they are being banned.

One of the challenges with this legislation was defining disposable vapes. The Government have defined them as ones that are not refillable and rechargeable. In an ideal world, the industry would accept that, produce the refillable vapes it currently produces and move on. However, there is a great financial interest in these products, and I am concerned that the industry will try to find workarounds and get-arounds to create a nominally reusable, but practically not terribly reusable, product at a price point that means it will be discarded. That would continue the problem, so I ask the Minister to keep these products under review, look carefully for signs of these issues in the way that vapes are manufactured, and legislate if necessary.

The Minister talked about those involved in enforcement being given the resources they need, so will she tell us how much has been budgeted and allocated for enforcement of the new rules?

[Mr Lee Dillon (Newbury) (LD)]

Enforcement often falls to local councils’ public protection departments. As a councillor in West Berkshire, I led on public protection, and our cupboards were full of illegal vapes that we had seized. I absolutely support the call for resources, but we must make sure that they are delivered to local councils, so that they can employ more enforcement officers. Those officers can get into shops, and into the back of those shops, which is where the illegal vapes are often stored, while the legal vapes are in the shop window. Does the hon. Lady agree that it is important to get that funding to local enforcement teams?

[Dr Johnson]

I certainly do. One benefit of the ban on disposable vapes is that regardless of whether or not a disposable vape is currently illegal on the basis of its constitution and content, it will now be illegal. It will be much easier to identify illegal vapes, because all disposable versions will be illegal. I also agree that we must get the money to councils to do these things, but employing a new enforcement officer will of course now cost more money. The Government’s raising of national insurance contributions and lowering of the threshold at which they are paid will affect councils up and down the country. I do not think the Government have really considered the direct cost to public sector employers, or the knock-on effects where services are contracted out and provided by a third party—a private company or a charity. That third party will, no doubt, pass the costs on to the councils. That is a huge concern.

This legislation is the start of creating an overall package to control vaping and protect our children and our natural environment. I welcome it, and I will support it today.

[Sir Christopher Chope (Christchurch) (Con)]

It is a pleasure to follow my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson), who has brought a lot of knowledge to the debate.

I want to begin by referring to the hon. Member for South Dorset (Lloyd Hatton). The last time I was this close to him was early in July, before polling day, when I was standing in a pub garden overlooking Chesil beach with my good friend Richard Drax. I very much enjoyed listening to his tribute to Richard Drax, who was not only a good friend of mine, but a great servant of democracy. He contributed enormously to the successful campaign to leave the European Union, after which he was a diligent member of the European Scrutiny Committee. He was also extremely active on what was his great love: trying to ensure that we maintain strong defences in our country, and he used his military background to great effect in debates.

However, I have to tell the hon. Gentleman that he is lucky to be here. I have every confidence that, had it not been for the previous Government’s intransigence over the Bibby Stockholm, Richard Drax would still have been in this House, so it was with mixed feelings that I listened to what the hon. Gentleman had to say, but I extend a warm welcome to him. I am sure that he and I will do our best to ensure that Dorset continues to improve its provision of good-quality services to all its citizens.

Turning to the subject of the debate, it came as a bit of a disappointment that neither the Minister nor my hon. Friend the Member for Epping Forest (Dr Hudson) referred much to the unintended health consequences of outlawing disposable vapes. There is already a real problem with illegal disposable vapes—it is estimated that probably one third of vapes are illegal. Those are already bad for the environment, but what will the measures do to address that problem? Not very much, I fear. As I said, it is estimated that some 360 million disposable vapes got on to the market in the United Kingdom in 2023. I had a briefing from British American Tobacco, which highlights that 4.5 million illegal vapes were seized at the border by His Majesty’s Revenue and Customs in 2023. The gap between the 4.5 million illegal vapes seized, and the 360 million estimated to be in circulation, highlights the gravity and extent of the problem, particularly when we extrapolate into the future; the number of illegal vapes could be as high as 1 billion by 2030. That is an enormous amount of income for people engaged in black market trade, people smuggling, and other illicit activities.

[Dr Caroline Johnson]

Does my hon. Friend accept that it is quite difficult for the consumer to establish which vapes are illegal and which are not? One may have thought that going into a reputable supermarket to buy such a product was a surefire way of ensuring that it was safe, but we have heard examples of major supermarkets selling a well known brand of vapes that had more in them than was legally allowed. If we ban disposable vapes, it will become very clear: all disposable ones will be illegal.

[Sir Christopher Chope]

The information I have about the extent of illegal vapes in the marketplace comes from the Government. In their impact assessment for the Tobacco and Vapes Bill, which will be debated in the next fortnight, the Government accept that about 30% of the market is illegal, and that is where I got my figures. My hon. Friend refers to supermarkets. I am not suggesting that there is any illegal activity in supermarkets or among responsible retailers.

[Dr Johnson]

My point was that there have been examples of supermarkets unknowingly selling vapes that did not meet requirements, and it is difficult for a consumer who puts a disposable vape in each hand to identify which is allowed and which is not. As a result of the new regulations, they will be able to tell, because both will not be allowed.

[Sir Christopher Chope]

I am not sure that will help much. My hon. Friend refers to the packaging of vapes, but the number of vapes described as refillable or reusable is projected to increase exponentially over the next several years. The question I asked—I did not really get an answer from the Minister—is what the impact will be of all those refillable or reusable vapes on the environment. The same issues to do with what goes into the manufacture of vapes apply to both disposable and reusable vapes. Why would we need to have 2 billion reusable vapes being sold by 2034 if they are not being disposed of? Just because they are described as reusable does not mean that they cannot be disposed of after one use. My hon. Friend the Member for Sleaford and North Hykeham made the point that we need to be wary of how the Chinese, who are the leading manufacturers and exporters in this field, may well adapt their products to try to circumvent these regulations. In any event, what they and other manufacturers are producing is a cost on the environment, in the sense that they are using scarce resources.

Let us not be naive: the fact that something is reusable does not mean it is a permanent fixture. For example, in my parents’ day, they used to smoke cigarettes through a filter that they held. Even those filters were not permanent. I remember many occasions on which my parents said that they had to get rid of the filter and replace it with another. Do not let us be naive and think that this enormously large number of reusable vape devices that are projected to be sold in 2034 will not end up in landfill.

[Dr Johnson]

I am interested to know: is my hon. Friend trying to argue that the Government should have gone further and banned all vapes, including those that can be refilled?

[Sir Christopher Chope]

I am not suggesting that; I am referring to the impact assessment. The Minister, in responding to my intervention earlier, referred to the statement made yesterday to the effect that a new magic pill will be available on the NHS to enable people to be weaned off smoking and, in particular, the nicotine effects of smoking. When bringing that forward, the Government said that the new pill would be as effective as vaping. They did not suggest it would be more effective, but as effective, thereby recognising the important role that vaping has in promoting public health.

These regulations are being brought forward on the basis of the environmental benefits that will flow from them, but let us be clear that there is little provision for enforcement. Reference has been made to the additional burden on local authorities. Paragraph 183 of the regulatory impact assessment states:

“There will be costs associated with inspection and law enforcement services to support the ban. Trading Standards Authorities (TSAs) would be best placed to enforce the ban, and work will be undertaken with LAs to establish the most effective and efficient way of enforcement.”

The impact assessment goes on to calculate that the enforcement costs will be low, because the assumption is

“as per Better Regulation guidance to assume 100% compliance by businesses.”

If we make that assumption—in my submission, it is a false one—it can lead to the acceptance of figures from the Government that no additional costs will arise from enforcing these new regulations. I think that is a load of nonsense.

[Sir Christopher Chope]

I am grateful to the hon. Gentleman for listening to the points that I have been making. They can be summed up as: smoking costs lives; vaping saves lives. Therefore, if we can encourage more people to vape rather than smoke, that is to the benefit of public health and the individuals affected, as well as assisting those who suffer as a result of secondary smoking or passive smoking. The consequence, which is accepted by the Government in their impact assessment, is that by taking these measures against single-use vapes, quite a lot of people who currently use them will go back to smoking.

Vapes have a 65% success rate in enabling people to quit smoking. The chief executive of Action on Smoking and Health said that “scare stories” about young people vaping could be causing the misconception among adult smokers that vaping is at least as risky as smoking. We know that it is not. Compliant vapes do not contain tobacco and do not produce smoke, and vape aerosols do not contain the harmful chemicals found in tobacco smoke. Why are the Government therefore proposing to introduce regulations, which, on their own figures, will result in about 26% of people going from vaping back to tobacco products?

[Dr Caroline Johnson]

My hon. Friend is referring to an important issue. I know that he is concerned about personal responsibility and people’s ability to make their own choices. The Government face something of a choice between the protection of an adult—a former smoker who is now vaping, who will be presented with a choice of going back to smoking, stopping vaping or using a reusable vape—and the protection of children. Surely the protection of children is more important, as adults are free to make their own choices about what they wish to do, as long as it is an informed choice.

[Sir Christopher Chope]

There is already vaping among children. As the hon. Member for Newcastle upon Tyne East and Wallsend (Mary Glindon) said, children cannot buy vapes and should not be using them, but if children are going to choose between vaping and smoking, it is better that they should go for vaping rather than smoking. One of the unintended consequences that may flow from the regulations is that, instead of using vaping products, an increasing number of children will go back to smoking behind the bike sheds, or whatever the modern equivalent is.

--- Later in debate ---

[Mary Creagh]

I thank the hon. Gentleman for that intervention. A lot of public services have been run down over the past 14 years. In the Budget, there was an investment of £75 million in border security command to crack down on organised crime. Gangs often operate in multiple sectors of the economy. We need time for this new approach to intelligence gathering and sharing to bed in.

[Dr Caroline Johnson]

Will the Minister give way?

[Mary Creagh]

Can I make some progress? I am just conscious of time. I am very happy to take interventions towards the end, because I might have answered any questions in advance.

Single-use vapes are one form of illicit vapes. The Government are planning to introduce other pieces of vape legislation under the Tobacco and Vapes Bill, as well as the vaping product duty, as part of a cross-Government approach, so we will look at these things in future and focus on intelligence sharing between Border Force, His Majesty’s Revenue and Customs and trading standards.

Enforcement is critical to effectiveness. We will work closely with the DHSC and the relevant enforcement bodies, but I do take on board what the hon. Member for Christchurch said about size and number of vapes. I picked up an illegal vape on the street outside my home. It was rechargeable but not refillable, and had too many puffs in it to be legal. For those of us who are not vapers, it is a whole world of complexity. I am certainly on a steep learning curve.

The legislation has been drafted to address fears that manufacturers could circumvent the ban, for example by adding a USB port to the end of a single-use device and calling it reusable, but a manufacturer who adheres to these regulations will have produced a reusable vape. That requires batteries that can be recharged, a tank that can be refilled or pods that can be replaced, and a coil—the part of the vape that burns out with use—that can also be replaced. In that respect, we are going further than other countries such as France and Belgium.

My hon. Friend the Member for Newcastle upon Tyne East and Wallsend (Mary Glindon) expressed concern about the health impacts. We know that tobacco is a harmful product and is responsible for one in four of all cancer deaths, killing up to two thirds of its long-term users. The Government are creating the first smokefree generation, so that children turning 15 this year, or younger, can never be legally sold tobacco, while not preventing anyone who currently smokes legally from being able to do so. The ban applies not to all vapes, but just to those that harm the environment. There will still be easy-to-use products on the market to help adults stop smoking. The hon. Member for Christchurch mentioned 29% of users reverting to smoking following the ban, but it is incorrect to suggest that it will cause a surge in smoking rates. As stated in the assessment, we expect most single-use vape users to stop smoking or to switch to reusable vapes or non-vape products, including nicotine replacement therapies such as nicotine patches and gum.

The Tobacco and Vapes Bill, recently introduced by the Government, takes strong action to strengthen enforcement on illegal vapes, including new fixed-penalty notices and new licensing and registration powers, which will act as a deterrent and empower trading standards to act more quickly against illegitimate producers and retailers. In the first instance, a £200 fixed penalty notice will be issued, and alongside that a stop notice may be issued ordering the business or individual to cease the illegal activity. If it is not complied with, an individual will be guilty of an offence and liable for an unlimited fine, or imprisonment of up to six months. The Budget provides for a £70 million investment in local authority-led stop smoking services, so I hope that the Swap to Stop scheme will continue to help adult smokers to ditch their cigarettes for a free vape starter kit.

[Dr Johnson]

The impact assessment has been referred to repeatedly during the debate. I understand that it refers to this piece of legislation only, and not to the wider impact of other measures that the Government have proposed, or that have not completed their parliamentary process. Is that correct? Will an assessment of the effects not need to be done in the round, rather than applying to a specific piece of legislation that is only part of a wider plan to tackle youth vaping?

[Mary Creagh]

My understanding is that the assessment relates to this piece of legislation—I see my officials nodding vigorously in the Box—but if there are any further questions that the hon. Lady would like to ask me following the debate, I shall be only too happy to respond to her in person.

I hope that I have covered most of the comments and questions from colleagues. We are banning a product that is designed almost as a toy, a pocket-money product at pocket-money prices that is intended to appeal to those under 18. This legislation is needed to stop the continued misuse of critical resources and harm to our environment, as well as to support wider measures across government to tackle the increase in youth vaping, and is widely backed by the vast majority of the public and our stakeholders.

I trust that Members understand and accept the need for the regulations, and I commend them to the House.

Question put and agreed to.

Resolved,

That the draft Environmental Protection (Single-use Vapes) (England) Regulations 2024, which were laid before this House on 23 October, be approved.

Business of the House (Today)

Ordered,

That, at this day’s sitting, notwithstanding the provisions of Standing Order No. 16(1) (Proceedings under an Act or on European Union documents), proceedings on the Motions in the name of Secretary Jonathan Reynolds relating to Export and Investment Guarantees shall be brought to a conclusion not later than 90 minutes after the commencement of proceedings on the Motion for this Order; the Speaker shall then put the Questions necessary to dispose of proceedings on those Motions; and Standing Order No. 41A (Deferred divisions) shall not apply.—(Lucy Powell.)

Budget: Implications for Farming Communities

Caroline Johnson Excerpts

Monday 4th November 2024 Commons Chamber

[Daniel Zeichner]

My hon. Friend makes a powerful point. Not only do those people seem to relish finding ways of creatively running their accounts, but some of them even take money to write columns about it.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

I declare that my husband is in agriculture and farming, and therefore I have an indirect financial interest in the topic. This Government promised that they would not raise national insurance contributions, but they have. They promised that they would not reduce agricultural property relief, but they have. They have also added a fertiliser tax and a tax on pick-up trucks as a way of compounding the misery. Has the Minister done an impact assessment on food security and food prices following the Budget, and will he publish it?

[Daniel Zeichner]

The hon. Lady will know that many things impact food prices. I gently suggest to the Conservatives that they might want to look more closely at food price rises over the past few years before giving us any lectures on how to manage things. I am confident about this, because I have looked at the figures issued by the Treasury on the number of claims made in the past few years, and our figures stack up.

Farming and Food Security

Caroline Johnson Excerpts

Tuesday 8th October 2024 Commons Chamber

[Steve Barclay]

The Secretary of State should be doing that, but there is a marked difference between us. I persuaded the Department for Energy Security and Net Zero to strengthen the guidance against solar farms, but the Secretary of State is being pushed around by his Cabinet colleagues. The Energy Secretary has already walked all over him, granting permission for a whole load of solar farms, and allowing the clustering that is causing such an issue.

I will give the House an example of how the Secretary of State is not championing farming. Baroness Rock was a true voice in the Department for Environment, Food and Rural Affairs for tenant farmers, and she wrote the review of tenant farming that I commissioned in a previous role in No. 10, but it seems that she has been sacked or asked to leave the DEFRA board. It would be helpful if the Secretary of State said why such a respected and talented figure had to leave her role.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

Will my right hon. Friend give way?

[Steve Barclay]

I will, and then I will make some progress.

[Dr Johnson]

My right hon. Friend is talking about the clustering of solar farms, but that is not the only problem. They are being built on high-quality agricultural land, which is nonsensical.

[Steve Barclay]

It is, and a further concern in my constituency is that the consultants who do soil sampling for the developers are often felt to be interpreting and grading the quality of soil in a way that is not consistent with local knowledge.

Back in May, the previous Government allocated £50 million of additional support to farmers hit by the wet weather. They extended the farming recovery fund to 1,000 more farmers, so that it covered all those affected in England. On top of that, in March, we announced the allocation of an additional £75 million to internal drainage boards, which are essential to protecting agricultural land from floods and storms.

We now have a Labour Government who neither understand nor care for rural communities. [Hon. Members: “Rubbish!”] They were not so vocal when they launched their manifesto, which devoted just 87 words to farming. There was not a single mention of farming in the King’s Speech, because the Government have made the active choice to de-prioritise British farming and food production.

On the immediate challenge, the answer to a recent parliamentary question backs up what the sector is telling me. The £50 million of additional farming recovery fund support is yet to be paid out. We have just established that we have had the wettest weather for 150 years and that 10 counties have had particularly challenging weather, yet despite having a known scheme, with an extra £50 million, they have not allocated that much-needed, time-critical support. The Secretary of State needs to explain why. The NFU says its members simply cannot wait any longer for the support, yet Labour seems to want to keep them waiting. Reports suggest that the £75 million for the internal drainage boards is also on a go-slow, and we need to know why.

For the longer term, Labour Ministers have overruled officials to cover some of the country’s best farmland in solar panels. They have rejected the plans for binding food security targets. It has even been suggested in media reports that they plan to cut the farming budget by £100 million. Indeed, it was reported that the NFU president has said that his members are being “kept up at night” by the “cliff edge” that Labour’s lack of commitment on the agriculture budget is causing.

The Government need to change course. They need to give immediate confidence to the sector and show that they care about food security. To do so, they need to commit to five things: first, that the full £50 million of additional wet weather support we announced in May will be paid out in full.

--- Later in debate ---

[Steve Reed]

As always, my hon. Friend makes an important point very eloquently. During the election campaign, I spoke to farmers up and down the country—as I did before that and have done since—who were absolutely furious that, having been promised continued access to the European markets where they were selling their great, high-quality British produce, they were instead taking a financial hit as trade barriers were thrown up and they could no longer sell into those markets. We want to correct that by seeking a new veterinary deal with the European Union to get exports moving across the borders again.

We will not allow food producers to continue to bear the brunt of unfair supply chains. Farmers deserve a fair price for the food they produce, and we will bring forward proposals to make sure that happens. One of the biggest cost rises affecting British farmers has been energy bills. We will prevent future price shocks by switching on GB Energy, so we can harness the power of wind, wave, solar and nuclear energy to keep bills down and take back control of our own energy supplies from foreign fossil-fuel dictators like Vladimir Putin.

[Dr Caroline Johnson]

The Secretary of State talks about the importance of cheap energy, solar and food security. Clearly, land needs a balance. What representations has he made to the Energy Secretary to be clear that the best farmland should not be used for ground-mounted solar?

[Steve Reed]

The hon. Lady has made that point to me before, and I reassure her that, even at their most ambitious extent, solar farms would not cover more than 1% of agricultural land. For farmers, climate change is also a significant concern. The reason we are seeing such heavy rainfall is climate change: that is what is leading to the flooding and droughts that are damaging farmers. If we do not take action to transition to a clean energy economy, farmers will continue to suffer from things that none of us wish them to have to deal with.

Dogs (Protection of Livestock) (Amendment) Bill

Caroline Johnson Excerpts

Report stage
Friday 17th May 2024 Commons Chamber

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

I rise to support the Bill, and to congratulate my right hon. Friend the Member for Suffolk Coastal (Dr Coffey) on having brought it forward. I am very lucky to live in and represent a lovely, beautiful area of Lincolnshire that has gorgeous countryside. Like many people, I like taking my dog, Bonnie, for a walk through the countryside, but as a farmer’s wife, I also recognise that it is a working landscape—that crops are being grown for food, and that livestock is being looked after, too.

Dog ownership has increased since lockdown. Although most dog owners are responsible and most dogs good-natured, research suggests that dogs are now more likely than before to be left off leads or out of sight. The natural behaviour of all dogs is to chase. Many people are unaware that if their dog chases a sheep, it may cause that sheep distress. They may not be aware that even if the dog does not catch the sheep, the simple fact of being chased can cause a pregnant ewe to miscarry her lamb or to die. Not only does that have an emotional effect on sheep by causing them to suffer, but it causes an emotional and financial stress for the farmer, as we have heard, so I welcome these steps to strengthen the law.

As others have mentioned, education on the countryside code is important, and it should extend beyond the Bill to include littering and the closing of gates to keep livestock safe. I welcome the steps to detect where crimes has occurred, as well as the unlimited nature of the fine, which will help to deter people from committing the crime in the first place and encourage them to look after their dogs. I hope that the publicity that my right hon. Friend has generated for the Bill will serve to provide educational opportunities.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the Opposition Front Bencher.

Animal Welfare (Responsibility for Dog Attacks) Bill

Caroline Johnson Excerpts

2nd reading
Friday 17th May 2024 Commons Chamber

[Anna Firth (Southend West) (Con)]

I beg to move, That the Bill be now read a Second time.

It is a huge privilege, having already had the pleasure of guiding my Pet Abduction Bill through the Commons this Session, to have the opportunity to debate my other private Member’s Bill, which I first introduced in the previous Session. This Bill, as the Minister knows, would amend the Animal Welfare Act 2006 to require a person in charge of a dog to take all reasonable steps to ensure that that dog does not fatally injure another dog, and would impose criminal liability if they fail to take reasonable steps and their dog fatally injures another dog. That is to plug a gap in the Dangerous Dogs Act 1991 that was painfully brought to my attention, which I will come on to. Before I go any further though, I thank the Conservative Animal Welfare Foundation, so ably led by Lorraine and Chris Platt, for all its help in getting the Bill as far as we have today.

We all know that we are a nation of dog lovers. There are now some 12 million dogs in the UK; that is more than the populations of Essex, Suffolk, Norfolk, Cambridgeshire, Bedfordshire and Hertfordshire combined, and then doubled. That works out to nearly half of all households in the UK having a dog. And we all know how loved our dogs are; we only have to look at the excitements of the Westminster dog of the year competition to see that. Indeed, as the House well knows, my cavapoochon, Lottie, is a much-loved member of our family. Companionship is the most common reason for having a dog and that was absolutely the case for my constituent Michael.

Michael was one of the first constituents who ever came to see me—in fact, he came to see me even before I became a Member of this House—and he was so distressed and in such anguish that it was a pleasure to take up his cause. Michael had a friend called Emily, who sadly died, and he adopted her beautiful white fluffy bichon frisé bitch, Millie, both to keep him company and to help him to grieve his friend, Emily. However, around two and a half years ago, Millie was savagely attacked by an off-lead, out-of-control dog while Michael was walking her through the rose garden in Chalkwell Park in Leigh-on-Sea.

Michael remembers the attack as if it were yesterday. It was like watching a horror movie. He described how the dog came at Millie like a missile, even though Millie was on the lead, and

“shook her like a rag-doll.”

Poor Michael watched, helpless, as Millie was literally torn apart. After the attack, the best he could do was carry her to the nearest vet’s, all the while bleeding and with serious open wounds to her abdomen. To add insult to injury, the owner of the dog that attacked Millie refused to take any responsibility for the attack, refusing to pay the vet’s bills for euthanasia.

No owner or dog should have to go through what Michael and Millie went through, and Michael is devastated and scarred by that experience even to this day. Obviously, he reported the matter to the police, but he was told there was nothing they could do because the incident was dog on dog and no human had been injured. You will know, Mr Deputy Speaker, that dog-on-dog attacks are becoming more commonplace; I am sure you have seen the extensive reports in the media and we only have to google “dog-on-dog attacks” to see a long list of news reports. Just this month, on 9 May, a couple was featured after their dog was so savagely attacked that they were hit with a staggering £23,000 vet’s bill for its treatment.

The loophole in the Dangerous Dogs Act 1991 is unacceptable and that is why I chose to reintroduce the Bill this Session. I am aware that most presentation Bills never make it on to the statute book, so I am pleased to report to the House that, as a result of the Bill and of my lobbying the Government, Department for Environment, Food and Rural Affairs officials have been working with the Crown Prosecution Service to update its prosecution guidance on dog attacks and attacks on other animals. That guidance now makes it explicit that a dog-on-dog attack can be prosecuted under section 3 of the Dangerous Dogs Act, the offence of a dog being dangerously out of control.

That is a good step forward, but the keyword is “can” —a lot of things can be prosecuted, but simply are not. I remain concerned primarily because there is no exhaustive definition of what a dog’s being dangerously out of control actually means. For example, those same sentencing guidelines state that

“it does not follow that if the dog causes injury, the dog was dangerously out of control.”

We could therefore have the ludicrous situation where a dog kills another dog and it is not deemed to be dangerously out of control—if, for example, the owner of a dangerous dog deliberately sets it on a neighbour’s dog. Although the updated guidance is a step forward, it does not deal with the problem I seek to address.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

My hon. Friend is making a powerful speech and giving some very upsetting and tragic examples of how dogs attack dogs. Does she see similarities between this Bill and the Dogs (Protection of Livestock) (Amendment) Bill, which we discussed earlier, where the dogs have attacked livestock, and does she agree that more must be done to ensure that dog owners behave responsibly?

[Anna Firth]

I thank my hon. Friend for making that point, which is absolutely right. This is about placing responsibility on the owner, not criminalising the dog itself. That is exactly why I am bringing forward this private Member’s Bill.

When I first introduced the Bill, I was contacted by many dog owners up and down the country, who shared heartbreaking tales about the loss of their treasured dogs. Many of them have contacted me again and are delighted that the Bill is being reintroduced today. Let me deal first with the scale of the problem. The Minister knows that, in order to support Michael, I submitted freedom of information requests to all 43 territorial police forces in the UK, asking whether they record dog-on-dog attacks as a separate offence and, if so, how many they have recorded over the last five years. Shockingly, only 14 police forces currently record a dog-a-dog attack as a separate incident. In 2016, they recorded a total of 1,700 dog-on-dog attacks. Five years on, the number had skyrocketed: in 2021, the same 14 police forces recorded 11,559 dog-on-dog attacks—a 700% increase—with a shocking 2,264 in London alone. The true incidence of dog-on-dog attacks is likely to be even higher, because the fact that a police force does not record dog-on-dog attacks as separate offences does not mean that they are not happening.

On the current legislative framework, laws have been strengthened in recent years to protect the public where a dog presents a risk to public safety—whether in public or in private—but it remains the case that a dog owner is not automatically liable for any form of criminal prosecution when their dog fatally injures another, unless the other dog is a guide, assistance or service dog, the dog bites a human, or

“there are grounds for reasonable apprehension that it will injure any person”.

That sounds good—it is an objective test—but it is not universally applied, and the proof of the pudding is what happened in Michael’s case. He was asked whether he wanted to press for some sort of prosecution, but he said that he had not feared for his own safety. It had been clear that the dog was going for the smaller dog, and Michael did not fear that there was a danger to himself at that point. The law does not adequately cover this type of incident, and pet dogs should have the same protection as guide, assistance and service dogs, because the loss that is felt by a family following the death of their beloved companion is the same, if not more.

Draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024 Draft Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023

Caroline Johnson Excerpts

Tuesday 5th March 2024 General Committees

[Robbie Moore]

I thank the hon. Member for Newport West for her valuable contribution to the debate. Let me address some of her points and comment on the questions that have been raised.

The first SI makes amendments that will significantly extend the household packaging exemption, but we appreciate that more work may need to be done to make it go further. In developing the definition we have reviewed and engaged heavily with stakeholders, and taken into account the established schemes that have been introduced in other countries. We are not only making sure that this legislation is rolled out here, but working closely in conjunction with the devolved Administrations before the main SI is laid before this House by the UK Government. We are also working closely with stakeholders to ensure that the definition aligns with the policy aims and needs of the sector, while balancing the requirement to create an approach that is both enforceable and fair to local authorities.

The hon. Lady asked why the SI is necessary. It includes important amendments that take account of the deferral of the packaging EPR and the delay of the Scottish deposit return scheme. The amendments also take account of feedback. We have listened to stakeholders throughout the 2023 consultation and other engagement. Not making the amendments would result in, among other things, the Scottish DRS material being unfairly obligated; double reporting by producers; and packaging being classified as household packaging where evidence to the contrary is easily available. That is why the SI is necessary.

On timing, it is understandable that producers are keen to get clarity on fees. Under the extended producer responsibility packaging regulations, producer fee rates will be set and published by the scheme administrator. The fee rates for the 2025-26 financial year will not be known until the spring of 2025, once all the producer packaging data has been received and checked. However, in the meantime, to support producers, we aim to produce illustrative fees as soon as possible.

On the risk of significant non-compliance by producers, I assure the hon. Lady and all Members that we are doing all we can to make sure that producers that are obligated to comply with the regulations are in the best position to do so. We have a comprehensive programme of engagement that is reaching out to more than 10,000 organisations through webinars and newsletters. In addition, we have published guidance on the gov.uk website.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

I am particularly pleased that my hon. Friend is tackling fly-tipping, which my constituents have raised with me as a problem, as well as dealing with people dropping litter. What does he expect it to cost businesses to comply with the packaging regulations? Does he expect that to put prices up?

[Robbie Moore]

As I have said, we want to put businesses in the best position possible to have an understanding of the fees that are likely to be imposed on them. That is why we aim to give out indicative fees to businesses later this year, so that they can encompass them within their business models. It will be up to them to consider how that will impact any consumer when rolled out. As a Government, we aim to get the indicative fees out to industry as soon as possible so that they can best forward plan.

The hon. Member for Newport West referred to modulated fees. We are in the process of reviewing and collating the evidence we collected in the autumn of 2023 on the 13 broad types of packaging that will be shortlisted for higher fees, and we will engage further with stakeholders on that topic in the second half of 2024.

Storm Henk

Caroline Johnson Excerpts

Monday 8th January 2024 Commons Chamber

[Robbie Moore]

I work closely with my colleagues in the Department for Levelling Up, Housing and Communities, and indeed I have regular conversations with the Minister for Local Government, my hon. Friend the Member for North Dorset (Simon Hoare), who is sitting next to me. This is, of course, a devolved matter in Northern Ireland, but, while I am sure that we will continue to have conversations within the UK Government, I am more than happy to share any knowledge or learning with all the devolved Administrations.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

Homes, schools and fields throughout my constituency have been flooded. I thank the Secretary of State, the Minister and the chair of the Environment Agency for going there to see the damage for themselves this weekend, and to talk to local farmers. One consistent message has been that the internal drainage board is doing a good and cost-efficient job in clearing the waterways, and I thank it for that, but the other consistent message is that the Environment Agency is not doing the same: it is not clearing the vegetation and debris that have been contributing to the flooding. Will my hon. Friend consider giving funds, and responsibility for the larger waterways, to the IDB, which is doing such a great job, to help protect my constituents?

[Robbie Moore]

It was fantastic to visit my hon. Friend’s constituency at the weekend. I want to put on record my thanks to Jane Froggatt, who represents some of the internal drainage boards, and I commend the work that the boards do. In certain circumstances, they go above and beyond. It is clear, and noted at my end, that a different approach needs to be taken to Lincolnshire—which I know very well—and, as I said during my visit, I am more than happy to review what needs to be done in terms of dredging and removing vegetation from Environment Agency assets and the Delph, which we looked at. It is important that we are not only protecting urban environments, but looking after our farming community and ensuring that the land on which they rely to produce the crops that enable us all to eat the food we want to eat is protected as well as possible.

Agricultural Tenancies

Caroline Johnson Excerpts

Wednesday 24th May 2023 Commons Chamber

[Mark Spencer]

I wholly agree with my hon. Friend. He will be aware that only last week I was in Devon talking to farmers in his constituency about the contribution they are making to keeping the country well fed and also protecting the beautiful landscapes that Devon has to offer. We want tenants in Devon and across the country to embrace and benefit from our new schemes and to continue to keep us well fed and look after the environment.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

I welcome today’s report and the Minister’s statement. He will be aware of the rise in food prices and the pressure on land use, particularly in relation to rewilding and large-scale solar farms. What is he doing to ensure that we maintain food production and food security from tenants and non-tenant farmers alike?

[Mark Spencer]

I pay tribute to my hon. Friend. The farmers of Lincolnshire produce a huge amount of food for the nation. We need to invest in new technology and in productivity, to ensure that our farmers continue to become more productive. The good news is that we get about 1% more efficient every year as a sector—that is, we produce 1% more food from the same amount of land. We need to build on that productivity, which is why we are investing huge amounts in science, technology and innovation to make sure that farmers have the best access to new technology.

Oral Answers to Questions

Caroline Johnson Excerpts

Thursday 17th November 2022 Commons Chamber

[Rebecca Pow]

Our flood funding is funding 2,000 infra- structure projects across the country. There are three already in the hon. Lady’s constituency: two are about to get under way and one we do not yet have the date for, but all the work has been done. One of the key ways that we work with farmers is on nature-based solutions, so that they can take flood water if they have to do so. I am working closely with the Minister responsible for farming, my right hon. Friend the Member for Sherwood (Mark Spencer), on the environment and land management scheme, so that farms are also catered for to deal with water issues as well as food production.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

Residents near Sleaford were horrified to find out that Anglian Water plan to flood a large area near Scredington, flooding their homes, their farms and their businesses. Apparently, this is to create a reservoir to provide water in the south-east of England. It is an entirely unsuitable place for such a reservoir: it is a large concrete-bunded, unnatural-looking structure. Will the Minister meet me so that we can ensure that this reservoir does not happen in this location?

Oral Answers to Questions

Caroline Johnson Excerpts

Thursday 8th September 2022 Commons Chamber

[Andrew Selous]

St Elizabeth’s Eastbourne was due for demolition in 2019 because the building was unsafe, and I am pleased that the congregation are thriving in their new location. We are now looking for a new home for the Hans Feibusch murals from the crypt, which I have to say, from the photographs I have seen of them, are very splendid. We are working with the local council, developers and the local community to find an appropriate housing scheme for this site.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

12. What steps the Church is taking to improve the accessibility of churches for people with disabilities.

[Andrew Selous]

The Church of England strongly encourages parishes and cathedrals to ensure access for all, wherever possible. On a personal note, I am grateful to the parish church where I grew up for providing ramps to get my mother in and out of the church in her wheelchair. The public worship of Jesus should always be accessible to as many people as possible.

[Dr Johnson]

The Holy Trinity or West Allington church is beautiful and historic, but access to it is quite poor. The lovely grass slope going up to the church means that, in winter and in poor, wet weather, the church is inaccessible to the elderly and those with disabilities, and some of my constituents have missed family funerals as a result. What can the Church Commissioners do to help?

[Andrew Selous]

It is typical of my hon. Friend’s conscientiousness that she has visited Holy Trinity, Allington to help get these much-needed improvements. If she contacts the archdeacon of Boston, the archdeacon will work with her and the parish, with the assistance of the church buildings department, to improve their bid for the necessary funds to help revitalise the church as a resource for the whole community. As she says, it is appalling that people have not been able to attend family funerals.