Migratory Birds (Malta)

George Eustice Excerpts

Wednesday 7th May 2014 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (George Eustice)]

I congratulate my right hon. Friend the Member for Uxbridge and South Ruislip (Sir John Randall) on securing the debate and on bringing the subject to the attention of the House. He has a lifelong passion for such issues, being a member of the RSPB for some 50 years, as he said. Last time I debated with him in Westminster Hall, the subject was farmland birds, so I know that he is a long-standing campaigner. He is also in tune with the mood of many in the country.

Britain has always been a pioneer of conservation, and birds have always been at the forefront of this country’s passion for wildlife. Groups such as the RSPB are among those with the largest membership in the UK. As a result, wild birds have been afforded strong levels of protection in the UK since the introduction of the Protection of Birds Act 1954—a full 25 years before the EU birds directive made the protection of wild birds, in much the same manner, an obligation on all member states. It therefore comes as no surprise to me that my right hon. Friend, along with many others, was disturbed to see recent media coverage of the annual spring hunting season in Malta.

In reacting to such reports, it is important to bear in mind the distinctions between lawful hunting activity that the EU birds directive specifically permits member states to undertake, and the illegal hunting carried out by those acting outside the law. The directive provides a strong framework for the protection of all naturally occurring wild birds throughout the EU and requires each member state to take measures to ensure the protection, management and control of birds, their eggs, nests and habitats, and to maintain populations occurring within their range at levels that correspond to their particular ecological, scientific and cultural requirements. The directive, however, also lays down rules for the exploitation of such birds through hunting activity and permits the “judicious use” of wild birds for economic and recreational purposes.

Some species may be hunted for sport or food throughout the European Union, while certain others may be hunted only within specified territories. The birds directive is clear that any hunting activity must remain compatible with maintaining the populations of the species, and it contains safeguards to ensure that. The responsibility of individual member states and of the European Commission is to ensure the correct transposition of, and compliance with, EU directives. It is, however, a well known fact that the Commission has previously expressed concerns about the hunting of migratory birds in Malta. Permitting the spring hunting of turtle doves and quail has been the subject of particular Commission scrutiny to ensure that it is compliant with the directive.

Together with other islands in the Mediterranean, such as Crete and Cyprus, the islands of Malta play a vital role for many migratory species of bird during their long flight between Africa and Europe. The EU directive recognised that it is important for the birds to receive particular protection in spring, so that they may breed and build up their populations from the low point in their natural annual cycles. Some evidence suggests, in particular for turtle doves, that the impact on populations of spring hunting can be up to eight times higher than the impact of autumn hunting.

In 2009, as a result of such concerns, the European Commission referred Malta to the European Court of Justice for permitting the hunting of turtle doves and quail during their spring migration. The Court ruled that, by permitting that activity between 2004 and 2007, the Maltese Government had failed to comply with the derogation conditions associated with hunting and, as such, had failed to fulfil their obligations under the directive. The Court, however, also recognised that Malta’s unique bio-geographical circumstances restricted hunting opportunities in autumn, and it therefore reaffirmed Malta’s right to permit limited hunting in spring through a derogation from the birds directive, subject to meeting the stringent parameters of article 9(1)(c) of that directive.

[Sir John Randall]

I apologise for stopping the Minister mid-flow. What particular bio-geographical factors make hunting more difficult in the autumn?

[George Eustice]

I am told that the doves migrate through Malta, rather than being resident there. That was a conclusion of the Court—that the situation could not be dealt with in other ways, which was why it upheld the right. That was its judgment.

In response to the 2010 judgment, the Maltese Government developed a new legal framework and introduced a number of changes to how they control the spring hunting of turtle doves and quail to ensure compliance with the directive. Measures include annual estimations of the populations of species; limits on the number of birds that may be shot during the hunt under the derogation; and an assessment of whether the populations are likely to suffer any detrimental effect.

Despite the changes, a number of organisations and individuals have continued to campaign against the spring hunting permitted by the Maltese Government. I understand the concerns expressed, but it is for the Maltese Government to investigate any alleged illegal hunting activity that might be taking place alongside their permitted hunting regime. We should also bear in mind, as a number of Members have pointed out, that the issue is an incredibly contentious one in Malta itself. It has been said that more than 10% of the population have signed a petition calling for a referendum—as my right hon. Friend pointed out, it already has up to 45,000 signatures and it is being considered.

Fortuitously, I was in Athens over the past few days, at an informal meeting of the European Council. Knowing that the debate was coming up, I had the opportunity to discuss the subject briefly with my opposite number, Roderick Galdes, on the margins of one of the meetings. In fairness, the Maltese Government believe that they have done a lot to tackle the illegal killing of doves, and they feel frustrated that that has not been recognised. He highlighted some of the steps that Malta has taken to strengthen enforcement. It now has the highest ratio of enforcement deployment possible per square kilometre of countryside anywhere in Europe. He also pointed out that Malta’s penalties and legal deterrents against bird-related crime are among the most severe in Europe. He stressed that there had been some 4,000 physical inspections. I am simply pointing out the argument made by the Maltese Government.

[Sir John Randall]

We are talking about the illegal hunting not only of turtle doves, or quail for that matter—far from it—but of other species, which is well documented. That is what does not seem to have been tackled.

[George Eustice]

Yes. I am simply reporting the argument of the Maltese Government. As I said, I took the opportunity to discuss the matter briefly with my opposite number. They feel that they are not given credit for the steps they have taken, which they argue have resulted in a very tight regime, with tough reporting requirements.

Where there is evidence to suggest that illegal hunting activity is occurring, the UK Government encourage all relevant authorities to ensure that sufficiently robust action is taken. As I have stated, compliance with the European Union directives, including any alleged failings, is a matter for the individual member states and for the European Commission. Representations have been made, for example by a number of MEPs in the European Parliament, and many organisations and members of the public may also express their concerns through their MEPs.

Finally, turning to the situation here, sadly a number of the UK’s migratory bird species have experienced population declines over recent decades. A range of factors are thought to have contributed to that trend, many of which we discussed in the previous debate on this issue, including habitat loss from historical farming intensification, poor food availability and disease.

The impact that overseas hunting may have on British populations of migratory birds is unclear at the moment. Malta’s geographic position means it is unlikely that a significant proportion of our migratory bird populations pass over it; most are thought to come through places such as Gibraltar. We therefore think that spring hunting in Malta is unlikely to be having a direct impact on populations here. However, my right hon. Friend has made the valid point that he is not taking a British but a European perspective on the issue, and it may be having an impact on populations elsewhere.

Domestically, we have implemented a range of initiatives to help improve bird populations. When I last discussed the issue with my right hon. Friend, we talked at great length about the environmental stewardship schemes and the new environmental land management schemes. Turtle doves are one of six targeted species for funding in the current regime, and we expect that the new environmental land management schemes will see further benefits for farmland birds. We have made it clear that we want to prioritise biodiversity.

We are aware that illegal hunting and killing activity is a problem for many countries that are important in the life cycle of migratory birds—that is the case with Malta. This issue therefore needs strong co-operation and enforcement activity at every level. In the UK, the joint nature conservation committee has always played a leading role in the international action plan for African and Eurasian migratory land birds. We are playing our part and continue to make the case on these issues.

I congratulate my right hon. Friend once more on securing the debate. As I said, he has long championed these issues. This is a contentious issue in Malta as well. I am not sure that a British intervention will necessarily help Malta to make up its mind, given that the issue is so contentious and so many people there have expressed clear views on it. The debate has been an interesting one that has highlighted an issue that is important to many people.

[Sir John Randall]

I believe there are three minutes left, Mrs Main—