Animal Welfare

Desmond Swayne Excerpts

Thursday 30th March 2017 Commons Chamber

[Neil Parish (Tiverton and Honiton) (Con)]

I beg to move,

That this House notes that current penalties for animal welfare offences in England are among the lowest in Europe; believes that while the Government's plans for a new licensing regime for dogs in England is welcome the Government should consider a ban on the third party sale of dogs; and calls on the Government to increase the maximum penalty for animal welfare offences to five years, as recommended in the Environment, Food and Rural Affairs Committee’s Third Report, Animal welfare in England: domestic pets, HC 117.

It is a great pleasure to introduce the debate. The report of the Environment, Food and Rural Affairs Committee, published in November last year, was the result of a long inquiry into aspects of animal welfare involving domestic pets such as dogs and cats, as well as horses. We took evidence from animal welfare charities, local government, the National Police Chiefs Council, industry representatives, veterinarians, academics and the Department for Environment, Food and Rural Affairs, to name but a few. We visited Battersea Dogs & Cats Home to learn about its work and also visited a commercial breeder and an animal rescue centre in Wales.

The Committee was unanimous on animal cruelty sentences: the current penalties for animal welfare offences in England are far too low. The maximum sentence for animal cruelty is six months in prison and an unlimited fine.

[Sir Desmond Swayne (New Forest West) (Con)]

Will my hon. Friend take some evidence from me on that?

[Neil Parish]

I certainly will.

[Sir Desmond Swayne]

I agree with my hon. Friend on that and on his excellent motion, but part of the problem is persuading courts even to impose those minimum sentences that are far too low.

[Neil Parish]

I thank my right hon. Friend for his intervention, and he is absolutely right. I just feel that if we have a stronger sentence and there is more flexibility in the courts, the magistrate will be able to impose that sentence for the very worst of cases. My right hon. Friend is right, but sometimes the current sentence of six months is just not long enough.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 2nd March 2017 Commons Chamber

[George Eustice]

As I said, the facts do not bear out what the hon. Gentleman says. Food prices have fallen by 0.5% over the past year and by 6% since 2014. We monitor the situation closely. The annual living costs and food survey closely measures the poorest households in particular and how much they spend on food, and the situation has remained remarkably stable over the past decade.

[Sir Desmond Swayne (New Forest West) (Con)]

The paradox is that we starve the poor by refusing to buy food from them. Will the Minister bear that in mind when we escape from the common external tariff?

[George Eustice]

My right hon. Friend makes an important point. We have some preferential trade agreements in place with some developing countries, particularly to buy sugar from the Caribbean. We want to maintain and secure such arrangements so that we can support developing countries.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 19th January 2017 Commons Chamber

[Dame Caroline Spelman]

Speaking out about injustice is precisely what Church leaders do, and they do it well. When the Archbishop visits, I am sure that he will look closely at the injustice that the hon. Lady described. It is scandalous that infant mortality is increasing in the occupied territories when, on the whole, it is in decline around the world. The Church supports the Anglican Al Ahli hospital, where 1,000 children and more than 15,000 adults are treated, so we give practical support to the territories.

[Sir Desmond Swayne (New Forest West) (Con)]

There is an increasingly militant settler movement that treats Palestine like its own biblical theme park. To what does my right hon. Friend attribute the radical decline in the numbers of Palestinian Christians living in the west bank?

[Dame Caroline Spelman]

Both my right hon. Friend and the hon. Lady have the advantage over me in having actually been to the occupied territories. I have not been there. Sadly, there is a huge pressure on Christians in the middle east. About 8% of the population of the middle east is Christian, with 80% concentrated in Egypt. As we saw at the Open Doors launch in Parliament last week, religious persecution is one of the main drivers of out-migration.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 24th November 2016 Commons Chamber

[Andrea Leadsom]

I can reassure my right hon. Friend that we will do everything possible to preserve his habitat. I know that he has great knowledge of fishing. Just last week, in China, I signed a memorandum of understanding on seafood that is worth £50 million to UK fishermen, and I have met a number of fishing groups to hear their ideas about what we can do to ensure that our fantastic fishing sectors develop in a positive way once we have left the EU.

[Sir Desmond Swayne (New Forest West) (Con)]

Such innovation will be enhanced, and indeed is necessary, in order to restore the water meadows of the lower Avon valley. Will the Secretary of State visit the area to see what we can do?

[Andrea Leadsom]

I am, of course, delighted to accept my right hon. Friend’s invitation. We will certainly revisit the area to look at that scheme in the new year.

--- Later in debate ---

[Tom Brake]

I thank the hon. Gentleman for those two questions. On the time it takes Members to vote, he may not be aware that back in 1997 this House did consider substantial changes to the way in which we voted, and I am afraid it voted to keep things exactly as they were. I hope that by, perhaps, early next year we will have a substantive debate in this place on the restoration and renewal issue, and that would be the appropriate opportunity for him to raise his point.

[Sir Desmond Swayne (New Forest West) (Con)]

Does the right hon. Gentleman agree that the current system affords Members an opportunity to nobble Ministers when they are bereft of their heavies and spin doctors?

[Tom Brake]

It is indeed true that when trooping through the Division Lobbies there are opportunities to lobby Ministers, but clearly those opportunities are more frequent for Government Members than for Opposition Members.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 13th October 2016 Commons Chamber

The hon. Member for South West Devon, representing the Speaker’s Committee on the Electoral Commission, was asked

[Sir Desmond Swayne (New Forest West) (Con)]

4.. What assessment the Electoral Commission has made of the implications for its policies of the findings of “Securing the ballot: Report of Sir Eric Pickles’ review into electoral fraud”, published in August 2016.

[Mr Gary Streeter (South West Devon)]

The Electoral Commission welcomed in August the publication of the Pickles report and recommendations on electoral fraud, particularly his support for the commission’s recommendations that the Government should consider introducing voter ID at polling stations in Great Britain. The commission will submit its response shortly to the Parliamentary Secretary, Cabinet Office, the hon. Member for Kingswood (Chris Skidmore), who is responsible for constitutional matters.

[Sir Desmond Swayne]

What can be done to ensure that staff at polling stations observe and enforce the rule that voters are accompanied to the polling booth only if they are blind or otherwise unable to make their mark?

[Mr Streeter]

There is Electoral Commission guidance for electoral registration officers on this very point. My right hon. Friend raises an important point. That should not happen, but I will refer his concerns to the Electoral Commission to see whether the guidance needs to be clarified or made more robust. I am grateful to him for raising it.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 17th March 2011 Commons Chamber

[Mr Paice]

The objective is to have no fines at all rather than to choose between fines. I am determined to make the payments as accurate as possible so that we can draw a line under the sorry past under the previous Government. Equally, however, I want to keep to the payment deadline of June, and we plan to do so.

[Mr Desmond Swayne (New Forest West) (Con)]

If the Under-Secretary were to find himself seeking to preserve ferry operations in the Lymington river by use of a declaration of overriding public interest, would he be empowered to impose conditions such as the use of more suitable vessels in the medium term?

[Richard Benyon]

I am well aware of the importance of this issue to my hon. Friend and his constituents. We have to bear in mind the economic value of that route to the Isle of Wight as well as other elements in his community. I assure him that I will exhaust every effort to make sure that we can get a solution with which every side is happy.

Forestry (England)

Desmond Swayne Excerpts

Thursday 17th February 2011 Commons Chamber

[Mrs Spelman]

I hope that the hon. Lady will have heard in my statement what I said about the helpful contributions of the large grass-roots campaigning organisations to debate on this subject. I am quite sure that they will be part of the wide group that we will draw in on our independent panel.

[Mr Desmond Swayne (New Forest West) (Con)]

I welcome the statement, and I do so also on behalf of my hon. Friend the Member for New Forest East (Dr Lewis), who as you know, Mr Speaker, is detained elsewhere. [Interruption.] On the business of the House, Mr Speaker!

[Mr Speaker]

I am greatly reassured by what the hon. Gentleman has just said.

[Mr Swayne]

Does my right hon. Friend agree that the course she has set is much more likely to ensure that some of the opportunities inherent in her proposals for the New Forest will be brought forward and implemented than would have been the case under the previous means of consulting the House? May I also say to you, Mr Speaker, that I am surprised and shocked by the singular lack of grace shown by some hon. Members?

[Mrs Spelman]

I would certainly like to give my hon. Friend that assurance, and the vehicle of an independent panel representing a wide range of views to advise Ministers is, as he suggests, likely to produce a better outcome.

Public Forest Estate (England)

Desmond Swayne Excerpts

Wednesday 2nd February 2011 Commons Chamber

[Mary Creagh]

That is a very interesting point and one that I was going to make later. As the hon. Lady has raised it, however, I will address it now. All the timber is responsibly produced, but in an answer on 17 January, the Minister of State said:

“Certification under the UK Woodland Assurance Standard is voluntary and this will be a decision for the new owners of woodland…The consultation…will include proposals on how certification might be maintained.”—[Official Report, 17 January 2011; Vol. 521, c. 471W.]

[Mr Desmond Swayne (New Forest West) (Con)]

There are no car parking charges in the New Forest, but there are car parking charges in plenty of other Forestry Commission forests. It is entirely a local matter.

[Mary Creagh]

I am interested that the Prime Minister’s Parliamentary Private Secretary—who has been writing some interesting blogs about strawberry jam and other matters—is perhaps feeling the pressure from his local community on this issue—[Interruption.] Do wooden pips and strawberry jam ring any bells? That is a sign of someone who is under a great deal of pressure. One thing that we can guarantee the hon. Gentleman’s constituents is that if this sale goes ahead, they will be paying for car parking.

--- Later in debate ---

[Mr Desmond Swayne (New Forest West) (Con)]

I am an enthusiast of the Government’s policy, but given the brevity of the debate, I shall restrict my remarks entirely to the opportunities for the New Forest that I see in the proposals. I have received a large number of communications, many of them very thoughtful, raising perfectly legitimate and proper concerns. I hope that the consultation will address many of them. What has surprised me is that the people who are the most vociferous in their opposition to the proposals are the very same people who stood shoulder to shoulder with me and my hon. Friend the Member for New Forest East (Dr Lewis) as we campaigned against the New Forest being shoe-horned into a highly inappropriate structure in the national park. I hope that those critics will look at these proposals with an open mind and wonder whether they might just be looking a gift horse in the mouth. There might be an opportunity to rebalance the interests of the forests that have been so shoddily disrupted by the creation of a national park. Within the Crown lands of the New Forest, there are already many private lands and private commons. Indeed, the National Trust itself owns two of the real gems: Hale Purlieu and the Bramshaw Commons. The land is not all owned and managed by the Forestry Commission.

I pay tribute to the fine public servants among the staff of the Forestry Commission who have been responsible for the stewardship of the New Forest, but we cannot hide from the fact that there have been enormous problems. The fact is that I have constantly had representations about the impact on ancient and ornamental woodlands, and on archaeological sites, of commercial forestry operations. I have endured arguments about the impact of the campsites—and their increasing commercialisation —on the local communities and on the habitats. I have also endured controversies—here is the humbug!—regarding the disposal of New Forest properties under the last Administration, and I brought one of those cases to an Adjournment debate in the House to raise the disgraceful way in which that property was disposed of. I endured the absolute furore when the Forestry Commission brought forward proposals to restrict dog walking in the New Forest. My hon. Friend and I were able to see off that threat.

Keepers of the New Forest have beaten their way to my door to complain about the way in which the byelaws of the forest were being flouted and not enforced. I have also had complaints about the way in which the skills, the stature and the place of the keepers are being diminished and downgraded. I do not lay any of these complaints and problems at the door of the management of the New Forest by the Forestry Commission in Queen’s house. However, the reality is that the Forestry Commission is headquartered in Edinburgh, and those who manage the New Forest report to Edinburgh. I want to see an arrangement whereby we have much more local control over the forest.

I offer a word of caution about the possibility of the National Trust stepping in. As I have said, it already manages part of the forest. I do not want another national organisation with a national strategy and a national vision. The New Forest is unique and what I would like to see is something along the lines of what we have in Queen’s house in Lyndhurst—perhaps even with exactly the same staff and personnel who currently manage the forest there—but reporting not to a board in Edinburgh, but to a board in the New Forest representing the proper interests of the New Forest, and particularly those of the people who have always safeguarded the forest and been responsible for the law of the forest—namely, the verderers.

Such a board, however, could not possibly be the board of the national park authority, which has, by its own choice, made itself a planning authority almost exclusively concerned with development control. It could play no part in this process, but I say again to my hon. Friend the Member for New Forest East, and also to opponents, that there is an opportunity here for us that we would be foolish to pass up.

Lymington River

Desmond Swayne Excerpts

Tuesday 15th June 2010 Westminster Hall

[Mr Desmond Swayne (New Forest West) (Con)]

I feel almost like a country parson reading the banns of marriage—“this being for the third time of asking”—given that this is the third time I have dragged a Minister to Westminster Hall to answer for the actions of the Government on the protection of the Lymington river.

Furthermore, as with the controversial actions of country parsons in respect of changing hymns and modern unpopular liturgies, I find that my own actions in my assiduous dedication to this task have proved equally unpopular. While I was going about my duties in Lymington on Friday, a charming but forceful lady took me aside and demanded to know why I was so “anti-ferry”. Actually, I am not “anti-ferry” at all. My starting point is that there is a critical need in both the Lymington and Yarmouth economies for the ferry service and I want to see that ferry service preserved. However, there are other interests that have to be balanced against those of the ferry service, not least the protection of the European Natura 2000 sites, the importance to the local economy of the yachting interest in Lymington, and indeed the long-term survival of Lymington as a harbour, which is protected by the local mud flats. The diminution of those mud flats poses a long-term threat to the future of Lymington. So, all those interests have to be balanced.

It is the law that provides protection and balance. The fact that we are now having a third Adjournment debate on this issue and that we have had two spats in court, both of which the Government lost, is down to the failure to implement the law properly. The Government gave all sorts of commitments in signing up to the relevant European directives, but then failed properly to transpose those directives into English law.

I do not want to repeat the entire history of this subject; those who are interested in it can read the Official Report of the two previous Adjournment debates. However, I shall give a potted history now. We have always been led to believe the received wisdom that the erosion of the Lymington salt marshes was an inevitable consequence of nature—“It’s the weather and there’s nothing we can do about it”. Of course, those salt marshes are vital to Lymington, and the Lymington harbour commissioners have come up with a plan worthy of our Victorian forebears in its engineering prowess. They are going to build a sea wall—a monument to King Canute—to hold back the waves and save at least some of the salt marsh. I am not qualified to say whether that plan will survive current economic realities or whether it will actually work.

However, as a consequence of this controversy, a number of studies have been carried out of bathymetric data—a subject on which I am uniquely unqualified to pontificate. I understand, however, that the findings of the Southampton university team who carried out one of those studies suggest that the salt marshes, if left to nature alone, would actually be accreting—growing and extending—and that it is only the introduction of the particular form of propulsion used by the Lymington ferry from the 1960s onwards that has led to the swift erosion of the salt marshes. That erosion has been even swifter since the introduction of the new “W”-class ferries, a development that has sparked the recent controversy.

These are issues well beyond my competence, as I said, but they are precisely those that must be clearly understood and examined in that appropriate assessment. A principal reason for the court’s determining that the new ferries had been unlawfully introduced on to the Lymington river was that Wightlink was its own competent authority for the determination of that appropriate assessment. Notwithstanding reams of assurances, in correspondence from Ministers and in parliamentary answers to my questions, that the Maritime and Coastguard Agency was the appropriate authority, when it came to the crunch it turned out that because the Government had been so cack-handed in implementing the habitats directive, Wightlink was its own competent authority. The judge said it had shown a complete disregard for its public responsibilities, separating them from its own commercial interests, and that as a consequence it was absolutely invalid.

The question is what to do next. Wightlink has said it will rerun the appropriate assessment and, in addition, do a full environmental impact assessment. The difficulty is that Wightlink remains its own competent authority. Wightlink will still be judge and jury in its own court. Wightlink has said, “No, no. We’re going to form a new company—Wightlink CA, or Wightlink competent authority—to judge the appropriate assessment.” Key questions arise. How will the commercial interests of Wightlink CA be different from the commercial interests of Wightlink itself? Will it have a different board of directors? There is a clear need in these assessments for an independent referee.

Wightlink has said it will carry out a full environmental impact assessment. That is a huge undertaking, involving public consultation. It must consider the whole environment, including the increase in heavy goods vehicles traffic through the Forest to take advantage of the greater capacity of the ferries, especially as the bridge restrictions at the mouth of Lymington at the Ampress site mean that those lorries have to travel through the sensitive parts of the national park. All those issues give rise to great local concern about the impartiality of Wightlink, because it already has form on this matter. Why should we trust it now, given that the court could not trust it earlier?

When Wightlink announced that it would do an environmental impact assessment, it set out the details of how it was to be achieved, including the setting up of Wightlink CA, in a letter from its solicitors. The letter concludes by saying what the outcome would be before the assessments have begun. It states:

“Natural England have advised on a rate of erosion of the existing habitat areas in the European Sites that can, in their view, be attributed to the operation of the ‘W’ class ferries. The mitigation works will prevent loss of an equivalent or greater area of habitat (than the loss attributable to the ferries) elsewhere in the European Sites.”

There it is: it has already concluded that the mitigation works it is to undertake will compensate for any erosion. Before the assessments are undertaken to establish the rate of erosion and other facts, we have the conclusion that the mitigation works will take care of it. The conclusion has been announced before the studies have even begun.

Wightlink goes on, in a most extraordinary piece worthy of Alice in Wonderland, to say:

“The effect of the mitigation works is therefore to prevent an adverse effect on the European Sites by reference to their conservation objectives. Consequently, adverse effects on the integrity of the European Sites are avoided and the tests and approach under article 6(4) (and regulation 62 of the Habitat Regulations 2010) are not engaged. The mitigation works will prevent the harm occurring and consequently the works are appropriately considered mitigation and not compensation.”

In plain English, that gobbledegook means, “Notwithstanding the damage we are doing to the Natura site, because we are compensating by dumping some mud somewhere else, no damage has occurred.” This is a most ridiculous interpretation. It did not fool the Hampshire and Isle of Wight Wildlife Trust. In a classic piece of English understatement, in its letter to me it says:

“We remain to be convinced that on a practical level the proposals have been sufficiently well considered and will deliver the habitat benefits that would be required to provide assurance that the introduction of the new ferries will not have an adverse effect on the integrity of the Natura 2000 site. We also continue to seek clarification as to whether the scheme is in fact compensation rather than mitigation.”

So we have this issue of compensation and mitigation. Natural England has already accepted a measure of damage and adverse effect on the sites. It tends to rather understate it. In its stakeholder response to the study carried out by Natural England, Wightlink says:

“The revised impact requiring mitigation is quantified by Natural England as increasing from 1.05 to 1.55 ha per decade (for explanation see Appendix 5). This predicted impact is still very small year on year (0.16 ha) only building to a more substantial impact and risk of adverse effect over several years.”

When people put things in newspeak, it is an attempt to confuse the general reader. I did not come across “ha”—whatever “ha” is—in my O-level maths, so one feels intimidated and does not ask the question but simply accepts the conclusion that it is very small. I suspect it is a hectare.

[The Minister of State, Department for Environment, Food and Rural Affairs (Mr James Paice)]

indicated assent.

[Mr Swayne]

The Minister nods, so it is a hectare. So 0.16 of a hectare is 1,600 square metres, and that is the impact each year. I do not consider that to be very small at all.

Let me outline for the Minister what I think the law states should happen. For the purposes of the habitats directive one has a plan or a project. That was one of the first battles in court. Yes, it is a plan or a project. Will it have an adverse effect? In order to determine that, one needs an assessment. Whether one needs an appropriate assessment or a full environmental impact assessment in addition is a question of law, but one needs the assessments to answer the first question.

If the assessments suggest there is no adverse impact, one can go ahead with the project; if yes, stop. Then, ask the next question. Is there an alternative—a question that has been completely avoided by the current process? There are all sorts of other alternatives, including a smaller ferry with a different means of propulsion that is not so damaging to the river. Nevertheless, is there an alternative? If yes, take the alternative. If no, that is when it lands on the Minister’s desk.

If the answer is no then the Minister has to decide whether there is overwhelming public interest in the project proceeding, notwithstanding the damage it will do to the sites. That is where, if I were the Minister, I would probably take a step back and say, “Well actually, when it comes down to it, we do need the ferry.” But we have not been through that assessment yet; we have not reached that point. It is at that point, if the Minister decides there is an overwhelming public interest in the project proceeding, that he considers compensation and doing something else to build up the salt marshes elsewhere.

The process that has been undertaken in Lymington has put these elements in completely the wrong order. We are already talking about compensation, although an attempt is being made to say that it is actually mitigation: “Don’t mention the word ‘compensation’—it’s really mitigation—because of the implications that arise from that definition.” Clearly, however, that is the process that ought to be followed and I fear that if it is not, we will end up with another expensive spat in court.

Let me briefly describe to the Minister my desired end state. I hope that we end up with a viable ferry service between Lymington and Yarmouth, and that we can come to an accommodation on the basis of preserving the Natura sites and the yachting that is vital to Lymington’s economy. I fear that we will be presented with a fait accompli: regulators were asleep on the watch. Whatever the reason, we now have expensive ferries, built in Bulgaria, operating on the Lymington river and doing damage. How do we get round that? I hope that with some means of determining the compensation and the way forward, we can reach an agreement that Wightlink will go to some lengths to ensure that those ferries are, in a reasonable period, sold on for use elsewhere, or used on another of its routes, while an appropriate ferry for the conditions of the Lymington river is introduced as a replacement. In reality, this is a highly profitable route. It has one of the highest charges per passenger mile of any ferry in the world, a monopoly inherited from British Railways. The company ought to be able to make a go of it. There should be no question of any threat to the viability of the continued service.

I close by asking the Minister to reflect on this. Notwithstanding the failure of Government and the regulators to spot this on the horizon and deal with it effectively, and leaving aside the Adjournment debates that I held in order to raise the issue with Ministers, it has been a small number of local yachtsmen who have had to take the initiative and raise the huge sums of money to take the matter to court. I hope that they are not going to have to do so again.