(6 years, 3 months ago)
General CommitteesI beg to move,
That the Committee has considered the draft Mandatory Use of Closed Circuit Television in Slaughterhouses (England) Regulations 2018.
It is a pleasure to serve under your chairmanship, Mr Hosie. I am delighted to introduce these important regulations, which meet the Government’s manifesto commitment to make CCTV recording in slaughterhouses mandatory in England. Our manifesto commitment reflected widespread public concern about animal welfare in slaughterhouses. The regulations are made under powers in section 12 of the Animal Welfare Act 2006.
At the outset, I would like to emphasise that although certain provisions of the regulations—which require operators to install a CCTV system—come into force on 4 May, the regulations are drafted so that there is a transition period of six months before the offences and enforcement provisions come into force. That means that slaughterhouses have until 5 November to install a suitable CCTV system and become compliant with the regulations.
The Government have encouraged the voluntary uptake of CCTV in slaughterhouses for several years, but recently the number of slaughterhouses installing CCTV has stalled. In 2016, only 50% of red meat slaughterhouses and 70% of white meat slaughterhouses had some level of CCTV for animal welfare purposes, which is a similar level to the 2013 Food Standards Agency survey.
Slaughterhouses that had installed CCTV had not always done so in a comprehensive manner. In 2016, only 46% of slaughterhouses with CCTV had coverage in the unloading area. The level of CCTV coverage was even lower in the stun area, with less than 40% of slaughterhouses having CCTV in that area or in the bleed area. Even in slaughterhouses where CCTV is installed, key areas are not always covered by cameras.
In February 2015, the Farm Animal Welfare Committee—FAWC—produced an independent assessment of the benefits of CCTV in slaughterhouses. It identified that CCTV offers real benefits as an important and complementary aid to the official inspection of slaughterhouse practices and as an evidential method of recording animal welfare abuses.
FAWC also identified significant benefits of CCTV systems to slaughterhouse operators, from in-house review of their operations and effective staff training to providing evidence of due diligence. That can increase public confidence in the meat industry and its adherence to the UK’s high animal welfare standards.
FAWC’s report provided a useful basis for the Government’s proposals on mandatory CCTV that we published last summer. We received nearly 4,000 responses to that public consultation, with more than 99% in favour of mandatory CCTV recording in all slaughterhouses.
The regulations will require all slaughterhouse operators to install and operate a CCTV system that provides a clear and complete picture of areas where live animals are present. That will include areas where animals are unloaded, lairaged, handled, restrained, stunned and killed. We expect CCTV installations and their use to be proportionate to the size of premises and their throughput.
An official veterinarian is still required in every slaughterhouse when in operation. Slaughterhouse operators will be required to provide access to CCTV recordings for the FSA’s official veterinarian and other authorised inspectors. Access to CCTV recordings for monitoring, verification and enforcement purposes is essential, and will be especially useful where the official veterinarian undertakes other duties in the slaughterhouse and does not directly witness all incidents.
We expect OVs to carry out a timely review of CCTV to address any immediate welfare incidents, and to take advisory or enforcement action. None the less, the slaughterhouse operator will need to retain recorded images and information for 90 days. That is in line with the requirements of some farm assurance schemes, and was the duration we arrived at following our consultation.
Although CCTV will not replace, reduce or be considered a substitute for current inspection and controls of slaughterhouse practices by official veterinarians, access to CCTV recordings will provide more opportunities to assess compliance with animal welfare requirements on a proactive and reactive basis.
I turn now to why we are applying this to all slaughterhouses. We believe that the requirements for mandatory CCTV recording should be applied to all approved slaughterhouses, regardless of size, on the basis that all animals should be offered the same level of protection at the time of killing. Some 95% of our meat is killed in abattoirs that already have CCTV in some form, because the larger abattoirs tend to have CCTV. The regulations ensure that all slaughterhouses of whatever size must now have CCTV at all stages of the process. Slaughterhouses that supply the main supermarkets already have CCTV, but we want to ensure there is comprehensive coverage.
We are conscious that some of the businesses affected by this legislation are small, so we thought it appropriate in these regulations to allow six months for businesses to become compliant. In view of the considerable gains to animal welfare and the many other benefits identified, particularly for the slaughterhouse operator, the Government consider that the benefits justify the costs involved and do not deem direct financial support to the sector for CCTV to be something that should be borne by the taxpayer, although grant funding is available to slaughterhouses under a number of schemes.
The regulations will introduce mandatory CCTV recording in all 270 slaughterhouses in England, as an additional monitoring and enforcement measure to ensure that animals are spared avoidable pain, distress or suffering during the slaughter process. They form part of an important package of reforms that the Government are delivering to improve animal welfare, such as the new system of local authority licensing of activities involving animals and the publication of updated animal welfare codes of practice. The regulations are proportionate and targeted, and will help to improve animal welfare at slaughter.
In conclusion, the regulations have been widely welcomed by many organisations, such as the British Veterinary Association, and will greatly assist the Food Standards Agency, which has been most supportive of the Government’s proposals. I also appreciate that this issue has received support from many Members from all parties in the House. For those reasons, I commend the regulations to the Committee.
I shall try to cover as many points as possible. I am grateful for the support of the shadow Minister, the hon. Member for Stroud, on the regulations. There has truly been cross-party support on this issue for a number of years. I want to address some of the legitimate concerns that he raised, on which I think I shall be able to give him the reassurance he wants.
First, we are absolutely clear that the introduction of CCTV in slaughterhouses is not a replacement for the current inspection regime. It does not mean we are going to change the requirement for full-time official veterinarians on hand in the abattoirs. We are not planning to change any of the existing requirements. The CCTV is in addition to, rather than a replacement for, OVs and other inspections.
The hon. Gentleman raised the issue of cost. Like him, I would not want to damage some of the smaller abattoirs, whose existence means animals do not have to travel so far. If we close down more abattoirs, more animals will have to travel further. However, the cost is quite modest: the cost of CCTV systems has been coming down a lot in recent years. We estimate that the average cost for most smaller abattoirs will be in the region of £2,500. As I said in my opening remarks, we do not envisage paying the cost directly, because it is fairly modest even for small abattoirs.
The other thing to notice is that, as the report by FAWC identified, there are commercial benefits for food business operators in having CCTV in place, because it can help them to manage their lairage facilities. For instance, in its report FAWC highlighted the fact that it is easier to spot lameness or other problems in sheep with CCTV than when someone comes and perhaps spooks the animals. We believe there are advantages and cost savings to small businesses from putting in CCTV.
The hon. Gentleman highlighted the work that organisations such as Animal Aid have done. I agree with him. In fact, one thing that a couple of years ago made me determined to make changes was that I frankly did not think it was good enough that we seemed all too often to have to rely on activists making surreptitious recordings. After the event we would inspect and carry out enforcement on the basis of the footage that had been surreptitiously collected. That is not the right way to run things. If it is the case that some of our official veterinarians were unable to spot bad practice and malpractice in those abattoirs, it is right that we make it a legal requirement to have CCTV in slaughterhouses.
The hon. Gentleman asked why we believe it is necessary to require this of all abattoirs, given that, as I said in my opening remarks, some 95% of animals are currently slaughtered in abattoirs that have CCTV. For me, there are a couple of reasons why we need to do that. First, some of the problems we have experienced are in those smaller or medium-sized abattoirs that do not always have CCTV in place. Secondly, the larger abattoirs tend to have it, but even in the larger abattoirs we have seen problems. The hon. Member for Bristol East raised a couple of cases where enforcements were brought; in those cases, sometimes there was CCTV in place but they were not adequately monitoring it or recording all areas, so even with CCTV they were not picking up those problems. Therefore, having legal clarity about CCTV covering all areas where there are live animals is the right approach to take.
The hon. Member for Stroud highlighted the fact that, of all the responses, only a small number were from the industry. To be fair to the industry, as he pointed out, we have lost a lot of abattoirs, so they are small in number, and we had thousands of responses to the consultation because it is an issue the public care about deeply. My conversations with the industry and representative bodies on this issue have shown that their view has broadly come round to the idea. Rather than have voluntary codes and chivvy people to join such schemes and voluntarily adopt CCTV, the industry has increasingly got to the point where it would rather have a level playing field and, if we want to bring in regulations, have them applied across the board so that everybody is treated the same. It is fair to say that the industry recognises that there could be some value in this and that there is an advantage in having a level playing field.
The hon. Gentleman asked about the difference between abattoirs and slaughterhouses. I was not aware of that distinction, but I will check. However, I am reliably informed by my officials that in law, commercial slaughterhouses and abattoirs are interchangeable terms. In most of the EU regulations that I see, the term slaughterhouse tends to be used, and in some of the older domestic legislation the term abattoir is sometimes used, but these regulations apply to all commercial slaughterhouses or abattoirs.
The hon. Gentleman asked where cameras will be placed. We have deliberately kept that open, for the important reason that a small abattoir, killing a small number of animals, might be able to cover all areas where there are live animals with just a couple of cameras. A larger abattoir, slaughtering thousands and thousands of animals per day, may need multiple cameras to ensure it is covering all areas. We are clear that it will need to cover all areas, including unloading areas, areas where there is lairage, areas where stunning takes place and the bleed areas. Right up until the point that the animal is dead, there must be a clear CCTV recording.
The hon. Gentleman asked who will decide where the cameras should be placed. The FSA is currently working with the Department to put together guidance on that. Ultimately, the Food Standards Agency and the official veterinarians employed by the FSA in each abattoir will be the final adjudicators on where cameras should go. We envisage it being a discussion with the food business operator, which will need to satisfy the local FSA inspector that the areas where it plans to locate cameras are adequate to satisfy the legislation.
We have designed it in such a way that we will trust the FSA official veterinarian to make that final judgment call and to ensure that the abattoirs that they are responsible for inspecting comply with the legislation. Will I potentially end up with letters from people complaining? Quite possibly. Will I have to get involved? Quite likely. But the intention is that the FSA OVs will lead on that.
The hon. Gentleman asked who would be responsible for inspecting the recordings. Again, that will be the official veterinarians. He referred to local authorities, but it is important to recognise that the FSA is responsible for food safety policy and, in abattoirs, also responsible for enforcing animal welfare policy, although it is not responsible for animal welfare policy. So DEFRA is responsible for animal welfare policy, but the FSA is responsible for implementing in the abattoirs the policy that we set for it.
The hon. Gentleman asked about public access. We do not intend there to be public access to the recordings. I shall explain why. The Farm Animal Welfare Committee looked at the issue in depth and made a very sensible point: used properly, CCTV in slaughterhouses can be an important aid to food business operators. He made the point that a job in an abattoir is not an easy one, and sometimes things go wrong. Most of the time when things go wrong, it is not deliberate—sometimes errors are made. The argument made by FAWC therefore is that we need to create a space where those recordings can be used to help educate and train staff and to pull people up where mistakes might have been made. It might not always be appropriate for that to be publicly available or for there to be a prosecution in every instance.
The hon. Gentleman asked about religious slaughter and slaughterhouses engaged in that. I confirm that yes, the requirements in the draft regulations will apply to religious slaughter, just as they will to any slaughterhouse. There is no exemption for religious slaughter when it comes to the requirement to have CCTV. That is important to enforce existing provisions in national legislation on things such as standstill times and the additional requirements for animals slaughtered in accordance with religious requirements.
The hon. Member for Stroud also asked who will enforce the provision that recordings be kept for 90 days. Again, we will expect that of the official veterinarians. They are full time in the slaughterhouses, and we believe that they can enforce that provision because if they are there every day, they would have a pretty good idea if recordings started to go missing or there were any type of fraud.
The hon. Gentleman asked finally about CCTV after slaughter, but the purpose of the draft regulations is narrow: to protect animal welfare. He is right that there have been some instances in the news recently of wider problems and other types of food fraud being committed, but we have introduced these regulations to protect animal welfare.
I now turn briefly to some of the points made by the hon. Member for Bristol East. She talked about her concern that things were not always followed up and that there is not always enforcement. I would say, however, that just because decisions are made not to withdraw an operator’s licence, that does not mean that action has not been taken. Indeed, the WATOK regulations, which govern the welfare of animals at the time of killing, create the powers—though we had similar provisions under the Welfare of Animals (Slaughter or Killing) Regulations 1995—to issue stop notices, for example, so an OV can stop a line or any production until something is sorted out. We also take regular action to reduce or remove the licences of individual slaughtermen, where there has been abuse, although we might stop short of reducing or removing the operator’s licence. Other facilities such as improvement notices and so on are also included under the WATOK regulations. Lots can be done short of closing a facility down, which is obviously a severe sanction that we rightly reserve for those activities with which we have the greatest problem.
The hon. Lady mentioned the development in the United States of—as she put it—high-speed slaughter. We have a very different animal welfare culture in the UK from the US, and we have been absolutely clear that we will not reduce our animal welfare standards—far from it; indeed, we would like to enhance them. We are working with a number of organisations on issues such as improving the slaughter of pigs, in particular the gas mixture used, and we have no intention of taking the US route.
On EU nationals, finally, the hon. Lady is right: we have a lot of EU nationals in our slaughterhouses. The Prime Minister has been very clear that we will protect the rights of those who are here and, as a number of hon. Members will know, the Migration Advisory Committee is looking closely at our labour needs after we leave the EU.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Mandatory Use of Closed Circuit Television in Slaughterhouses (England) Regulations 2018.
(6 years, 4 months ago)
Commons ChamberThe future farming consultation is still open and continues until Tuesday 8 May. We encourage everyone with an interest in food, farming and the environment to respond. We will make a full assessment of the responses once the 10-week consultation is over, but it is clear from initial responses, and events that have taken place across England, that there is a real appetite to embrace change.
Will my hon. Friend reassure me that as well as protecting and enhancing environmental protections in this country, our future agricultural policy will seek to ensure the primary importance of our landscape as a working agricultural countryside that produces food, and that that will continue to be protected?
Yes, I give my hon. Friend that undertaking. Our consultation sets out how we can change our approach to farm husbandry so that it is more sustainable and we put more emphasis on things such as soil health and water quality. It is clear that we want to support farmers to become more productive and profitable.
I share the bemusement of Sussex farmers that, when the Government published a list of public goods for land use in this country, food production was not one of them. Why? Will the Government reconsider that and, if so, when?
Food is obviously vital to life, and in that sense it is a public good. The hon. Gentleman will, I am sure, understand that “public good” is an economic definition that means things for which farmers are not financially rewarded. My view is that food production is vital and essential, and farmers should be rewarded for food production in the market.
The National Trust has two beautiful properties near my constituency—Packwood House and Baddesley Clinton. They would welcome the opportunity for their tenant farmers to be rewarded for the provision of new public goods, but the National Trust seeks assurances from the Minister that if things such as new bridle paths and footpaths need to be provided, there will be long-term sustainability for such a shift.
My right hon. Friend makes an important point—this is crucial as we design environmental land management policy. There will be some interventions that may be highly short term, because they are instant and affect, for instance, the way in which farms approach agronomy or cropping. Others, such as those that my right hon. Friend highlights, may require a longer-term, more multi-annual commitment. That is entirely doable within the nature of the agreements that we are considering.
There are concerns among those involved in agriculture in my area about whether there will continue to be appropriate access to workforce when we leave the European Union. What are the Government doing to ensure that that will be the case?
As the hon. Gentleman is aware, the Migration Advisory Committee is carrying out a large piece of work on the UK’s labour needs after we have left the European Union. We have also listened carefully to industry representations about a seasonal agricultural worker scheme after we leave the European Union, and a working group is looking at seasonal agricultural labour.
Can my hon. Friend reassure upland food-producing family farmers that they have a future under his Department’s plans?
Yes I can, and I have had meetings with the Uplands Alliance, which is very excited by the approach set out in our consultation. Our uplands deliver many public goods and environmental benefits, and under our new policy we will be rewarding those.
Food manufacturing and farming are great British success stories, so does the Minister think that a customs union arrangement with the EU will help to ensure their future success?
No, but I do believe we should have a comprehensive and ambitious free trade agreement.
Thank you, Mr Speaker.
The overwhelming response of farmers to the consultation is that they want to know what help and advice they will get in managing the change from the basic payment to environmental support. As the Minister knows, that is particularly true of smaller and tenant farmers. What will the Government do to put in place some form of advice strategy so that those people can get independent, objective and, more particularly, comprehensive advice about how to completely change many of the ways in which they have farmed in the past?
We will look at that issue, but fundamentally we have been clear that we recognise the current dependency on the existing basic payment scheme—the area payments. That is why we have set out a plan for an agricultural transition period to give farmers, especially those on our smaller family farms, plenty of time to prepare. Our new environmental land management scheme, when published, will have plenty of guidance alongside it.
The Government fully recognise the importance of the seafood sector not only to the economy but, historically and culturally, to coastal and local communities. In 2016, the gross value added for the fish processing sector was £650 million.
Around 5,000 people in the Grimsby-Cleethorpes area are employed in the seafood sector, and it is clear that it is vital to the local economy. Will the Minister reassure the industry that the Government will work with it to ensure a continuation of supplies and create further job opportunities?
I have had the pleasure of visiting my hon. Friend’s constituency, and the Secretary of State will visit it next month. I have met representatives from the processing sector. My hon. Friend’s part of the world is home to a world-beating fish processing industry. I have had detailed dialogue with the sector about the importance of trade with non-EU countries such as Norway and Iceland. I am confident that we can roll forward the trade agreements on which they depend.
The Scottish Creel Fishermen’s Federation says that the cost of fishing could increase by between 40% and 90% if we have no trade deal with the EU. What is the Minister doing to ensure that fishing continues to make its current contribution to the economy?
We have made it clear that, when we leave the EU, it is our intention to depart from relative stability and current quota-sharing arrangements, and there is an opportunity to secure a better and much larger share of fish in the future. Alongside that, as I said earlier, we are seeking a comprehensive free trade agreement with the European Union.
The seafood sector, particularly regarding supply, is very important, and there are great opportunities post-Brexit. Under international law, we only need to offer any supplies that the UK fleet cannot catch. Will the Minister confirm that that will be the case once we leave the common fisheries policy?
Yes. My hon. Friend is an expert in these areas, given her experience, and she will be aware that when we leave the European Union, the UN convention on the law of the sea becomes the new legal baseline. Under that international law, we are responsible for controlling access to our exclusive economic zone. Indeed, as she says, there are also provisions around joint working with partners and others who have a shared interest in the stock.
I got a text message this morning stating:
“If there is any glimmer of hope from Gove I won’t sell.”
That was from a fisherman on the west coast who is short of crew. Now that he knows that the Home Office has run a hostile policy to migrants and migrant workers, he is hoping that he will not be forced to sell, so what will DEFRA do to ensure that the west coast fishing industry, and I believe the fishing industry in Northern Ireland, is not forced out of business? There is a real need for the Home Office to give fishermen pieces of paper to keep the Home Office happy. In other words, we need non-European economic area fishermen—
I am aware that my right hon. Friend the Secretary of State has written to the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) about this issue, and the hon. Gentleman is aware that we are in dialogue with the Home Office on these issues. As I said, the Migration Advisory Committee is looking in the round at our labour needs after we leave the EU.
We have committed to introducing a fisheries Bill in this Session of Parliament, and we will publish a White Paper in due course. It will set out our vision for future fisheries management and the legal requirements to manage our fisheries in future.
What assurances can the Minister give that there will be sufficient time to consult on that White Paper before the Bill is published?
When we publish White Papers, we always ensure that there is plenty of time to discuss their content before legislation is proposed.
Given that the Government have failed in their pledge to take back absolute control of our fishing waters from day one of leaving the European Union, can the Minister be explicit about how he intends to use the powers that he already has domestically to redistribute fishing quota, to deliver a better and fairer deal for our coastal communities?
We have already made many changes to give additional quota to the small under-10 metre fleet in particular. We permanently realigned some unused quota in 2012, and since the introduction of the discard ban, the annual quota uplift has been top-sliced and additional quota given to the under-10 metre sector each and every year.
On 19 March, the UK and the EU reached agreement on the nature and length of a transition period. Under the agreement, current fisheries rules will continue to apply until the end of 2020. However, in December 2020, we will negotiate fishing opportunities for 2021 as a third country and an independent coastal state outside the common fisheries policy.
The Secretary of State has admitted that the Government accepted a “sub-optimal outcome” for the UK’s fishing industry in the Brexit negotiations, although I think that people in Hull would call it something else. Can the Minister guarantee that, at the end of the transition period, our fishing rights will not be traded away for some other political or economic priority?
We have been absolutely clear that when we leave the European Union and at the end of the transition period, we will be an independent coastal state managing and controlling access to our own waters.
We strongly disagree with the position set out in that European Parliament report, and I can confirm that we will become an independent coastal state at the end of the transition period.
No, the statement was not a sign of that at all. Indeed, there are very strong trading links in food and drink between the UK and Hong Kong, which is a major market for both British lamb and British beef.
The hon. Lady knows why, because I met with her to explain it. The work is already being done. A Food Standards Agency food survey asks exactly the questions proposed in her Bill, and we also have the annual living costs and food survey.
Teesdale farmers tell me payments that should have been made under the higher level stewardship scheme are late. They are upland farmers on the lowest incomes. Will Ministers stop blaming Europe and sort out their own administration?
We have made a number of changes and are working very hard to deal with the current problems with countryside stewardship, and progress has been made. I would simply say that we are not blaming the European Union. It is true that it has changed the rules so that all agreements must be processed simultaneously, whereas they used to be processed across the year, which has caused major administrative problems both for the Government and for farmers.
Only 49% of the food consumed in the UK is produced in the UK, while our annual trade deficit on food and drink is now £23 billion a year and rising. What is the Secretary of State doing to address these challenges to our national security and economic sustainability?
The UK’s current food production-to-supply ratio is actually 76% for indigenous-type foods and 60% for all foods. That is not low by historical standards and has been relatively stable in recent years. However, we want to have a vibrant, successful, profitable food and farming industry, and our recent consultation sets out some thoughts to deliver that.
Following local concerns about an animal rescue centre in my constituency of Leigh, I was shocked to learn that in England there are currently no regulations or licensing requirements for pet rescue centres. Will the Government commit to introducing proposals to protect the welfare of animals in rescue centres?
We recently introduced new regulations and licensing requirements covering commercial boarding establishments, but there are no current plans to regulate rescue homes. We do not want to create unnecessary burdens on the charitable sector. However, many such establishments are members of the Association of Dogs and Cats Homes, members of which must already meet minimum standards.
I think we can all agree that we have great British food and great British farming, but we also have a processing industry that is 13% of our manufacturing sector. Why does the Command Paper not talk more about food, food security and food production, which are essential not only for our environment but for our food security in this country?
(6 years, 4 months ago)
Written StatementsAgriculture and Fisheries Council took place in Luxembourg on 16 April. Counsellor Rory O’Donnell represented the UK.
The most substantive agricultural item was a presentation by the European Commission setting out a proposal for a directive on “unfair trading practices in business-to-business relationships in the food supply chain”. The Commission’s presentation highlighted the UK’s Groceries Code Adjudicator (GCA) as an example of best practice in this field. The UK outlined its agreement with member state action to tackle unfair trading practices, but stressed the need for any proposed EU-wide legislation to protect well-functioning existing national systems.
The Bulgarian presidency also provided the Council with an update on food losses and food waste, following the adoption of Council conclusions on tackling food waste in June 2016. The Council reaffirmed its commitment to meeting UN sustainable development goal 12.3 on food waste.
For fisheries, the focus of this Council was a presentation by the European Commission outlining a proposed multi-annual plan for fish stocks in western waters. The UK welcomed the proposal’s alignment of the western waters plan with the approach taken in the North sea plan, while reminding Council of the need to find solutions for by-catch stocks in the context of meeting the landing obligation.
Four further items were discussed under “any other business”:
the Spanish delegation requested clarification on interpreting the landing obligation in article 15 of the common fisheries policy
the presidency informed the Council of the outcomes of the TAIEX workshop on the role of wildlife in animal health management
the Polish and Danish delegations presented information on African swine fever
the European Commission informed Council about a proposed regulation on the transparency and sustainability of the EU risk assessment in the food chain.
[HCWS647]
(6 years, 4 months ago)
Commons ChamberI should like to begin by congratulating the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) on securing this debate. It is particularly encouraging to see him and a number of other hon. Members who represent urban seats showing a keen interest in rural issues. Members representing urban seats are always welcome to our debates that mainly affect rural areas.
The Government recognise that dog attacks on livestock cause considerable stress to the livestock owners, as well as causing serious injury to the animals themselves. As my hon. Friend the Member for Lewes (Maria Caulfield) pointed out, attacks on sheep during lambing can have a catastrophic impact even if there is no physical injury. This can severely affect the welfare of the sheep and the income of the farmer. As the hon. Gentleman said, this is essentially an issue of responsible dog ownership. There is no doubt that we are hearing more and more reports anecdotally that this is becoming a problem, with more and more dogs appearing to be out of control and more and more farmers suffering from the problem than in the past.
A couple of recent reports have looked at the problem in some detail. They are the 2018 “Livestock Worrying Police Working Group Final report” from the National Police Chiefs’ Council, and the 2017 report by the all-party parliamentary group on animal welfare, “Tackling livestock worrying and encouraging responsible dog ownership”. Those two reports have done much to highlight the scale of the problem and to identify some possible improvements that we could make.
The 2018 NPCC report showed that there were 1,705 incidents across the five participating forces, resulting in nearly 2,000 livestock deaths a year. Those figures are a matter of great concern and show the scale of the problem that we have. Overall there was an increase of incidents across the five forces over the period from 2013 to 2017. Over that same period, 92 dogs were shot as farmers attempted to protect their livestock. It is also worth noting that in 66% of cases, the dog owner or dog walker was not present. There is a real problem with the lack of responsibility being taken by dog owners, as well as problems being caused by stray dogs and by owners not being in control of the dogs in their care.
Among the recommendations in both the NPCC and APPG reports was that the definition of “livestock” in the Dogs (Protection of Livestock) Act 1953 should be amended to include more species that are now farmed, such as llamas and alpacas, or that we should possibly move away from such definitions and lists and instead have a general description of animals kept for farming. There is also criticism that the 1953 Act is restricted to incidents on “agricultural land” and that it should be broadened to include other areas. Recommendations are also made in relation to allowing police to take DNA samples to help to identify individual problem dogs. The hon. Gentleman raised that point. This would also mean having the power to have a DNA database. There are also recommendations relating to increasing the maximum penalty for offences under the Act.
We will of course look at the recommendations, but I suggest that the police look at using the powers in the Dangerous Dogs Act 1991 to supplement their powers under the more dated 1953 Act when considering taking forward a prosecution, because it is more up to date and applies anywhere, not just on agricultural land.
The 1953 Act relates directly to dogs worrying or attacking livestock. While it was specifically drafted for such incidents, a lot has happened since those days in relation both to the livestock we farm and to dog control legislation. Since the 1953 Act, other legislation with broader powers has been passed. For example, the 1991 Act makes it an offence to allow a dog to be dangerously out of control in any place. The Act also contains a power for a police officer to enter premises and seize any dog suspected of being dangerously out of control. There appears to have been a long-held perception among enforcement agencies that attacks by dogs on other animals cannot be dealt with under the 1991 Act. Indeed, the APPG report considered that as a weakness of the 1991 Act, but the Government disagree with that analysis.
The 1991 Act can be and has been used in incidents where dogs attack other animals. The Act provides a definition of when a dog must be regarded as dangerously out of control. It refers to a dog being dangerously out of control when there are grounds for reasonable apprehension that it will attack someone. However, this definition is not exclusive, and the words of section 3 of the 1991 Act could include, for example, a case where a dog attacks another dog or another animal, and there is case law in this area. In 2008, a Court of Appeal judgment specifically pointed out that the definition of “dangerously out of control” in section 10 of the 1991 Act is not exclusive and made it clear that the ordinary meaning of the words in section 3 of the Act could be applied to any given circumstances. Specifically, the Court said:
“In any event the definitions section, section 10, is not exclusive. It does not read as a matter of construction, ‘For the purposes of this Act, a dog shall only be regarded as dangerously out of control...’ and then proceed to the definition. Therefore we feel ourselves entitled to go back to the straightforward words of section 3: ‘If a dog is dangerously out of control in a public place…’.”
We therefore believe that the 1991 Act can be used in cases of attacks on livestock.
However, a further criticism of the 1991 Act was that it only dealt with issues after they had happened. So, in 2014, the Government completed an overhaul of the antisocial behaviour powers. The review resulted in more measures and powers for police and local authorities to intervene before a dog becomes dangerously out of control. The Anti-social Behaviour, Crime and Policing Act 2014 contains measures that allow police and local authorities to take action in low-level incidents of anti-social behaviour, including when they involve a dog. Incidents would include where a dog is causing a nuisance, but where no offence is committed under the 1991 Act. In such circumstances, police or local authorities can take action by issuing a community protection notice to the owner, or person in charge of the dog at the time, to control the dog and stop the nuisance behaviour. Failure to comply with a CPN can lead to a fine of £2,500. Many animal welfare organisations and dog keeping groups have campaigned for the introduction of such early intervention notices.
For more serious incidents of antisocial behaviour, such as using a dog to intimidate someone, there is the criminal behaviour order. A CBO would be used in cases where a court is satisfied that an individual has engaged in behaviour that caused or was likely to cause harassment, alarm or distress. Also available under the 2014 Act is the ability for local authorities to make public spaces protection orders. PSPOs replaced dog control orders and allow local authorities to place restrictions on dogs in certain clearly defined areas. For example, a requirement might be that all dogs must be kept on a lead—a point the hon. Gentleman and others have raised.
Finally, the police also have the option of taking action under a much older Act, namely the Dogs Act 1871, which shows that this particular challenge is not new. That Act requires a lower level of proof—it is basically on a balance of probability—and under the Act a magistrates court can order anything reasonable to keep a dog under control, including that it be muzzled or kept on a lead in public places. The court can also order that a dog be destroyed.
A wide range of legislation and powers are in place to give both the police and local authorities the ability to act in this area. However, as the hon. Gentleman pointed out, there is a key challenge in identifying the dogs responsible for these attacks, particularly in the context that some two thirds of attacks happen when the owner is not present. The legislation obviously relies on our knowing who owns the dog and on our being able to take action against that person. To that end, it is important for all the agencies and the police to work together at local level to gather intelligence on who these irresponsible owners are, and there are some examples of that being done.
Police in the London Borough of Sutton, for example, have been working with other local interest groups to encourage responsible dog ownership. Secondly—the hon. Gentleman mentioned the importance of raising awareness of this issue—the local environmental awareness on dogs, or LEAD, scheme seeks to provide advice to the public on dog issues, to improve dog safety and dog welfare, and to deal with antisocial and inconsiderate behaviour by individuals with dogs in a way that protects and reassures the public. The scheme is aimed at all dog owners in Sutton, whether in private or rented accommodation. The initiative has also been rolled out to other London boroughs, as well as to one or two other local forces. The police are taking action to raise awareness of these issues.
We want to see more of that sort of joined-up work, and I can report that similar examples are now being rolled out in the countryside specifically to address dog worrying. For instance, I am pleased to see that, on 22 June, SheepWatch UK will host a follow-up meeting on the three public strands—police, farming and dog owners—to try to maintain progress and to raise awareness of some of these issues.
The hon. Gentleman raised the issue of requiring owners to report attacks. A more fruitful way forward is to try to make sure that we take action against those owners who are absent and not taking their responsibilities seriously. I understand what he says, and I am willing to consider his suggestion. However, the problem is that owners who are culpable of having an out-of-control dog are unlikely to want to report it, and introducing a law requiring them to do so might not make such reporting more likely.
The point made in other reports about potentially allowing DNA samples to be taken where there is a persistent, repeated problem so that we can try to identify the dogs responsible might be a better approach.
The hon. Gentleman has made some important points, and we have had a number of important interventions from other hon. Members. This is a very serious issue, with large numbers of livestock deaths and large numbers of incidents. We believe the legal powers are there to address the issue, but he is right that we should take every opportunity to raise awareness of this challenge and to encourage more responsible pet ownership.
Question put and agreed to.
(6 years, 5 months ago)
General CommitteesI beg to move,
That the Committee has considered the draft Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.
I am pleased to open this debate on an important set of regulations introducing an updated system of local authority licensing of activities involving animals in England. These regulations meet the Government’s manifesto commitment to continuing its review and reform of the pet licensing controls and, specifically, to updating the licensing system for dog breeding, pet sales, riding establishments and animal boarding establishments. They also modernise a system for animal exhibits.
The licensing and registration system that covers these five animal activities is outdated and complex. The activities are regulated under a number of different pieces of legislation: the Performing Animals (Regulation) Act 1925, the Pet Animals Act 1951, the Animal Boarding Establishments Act 1963, the Riding Establishments Act 1964, the Breeding of Dogs Acts 1973 and 1991 and the Breeding and Sale of Dogs (Welfare) Act 1999. They will be repealed and replaced with new regulations that consolidate and update the requirements set out in each of the Acts in one consistent licensing scheme. This new licensing will have more streamlined processes of application, inspection and enforcement, reducing the burden on local authorities and businesses while improving consistency of application across the country.
One of the key issues with the licensing system is that the animal welfare standards with which businesses are required to comply have not been updated for many years. The schedules to the new regulations include detailed animal welfare standards for each activity. We have worked closely with stakeholders from the industry, animal welfare organisations, local authorities and veterinary bodies in drafting these standards and we are grateful for their support—in particular the Canine and Feline Sector Group and the Equine Sector Council for helping to co-ordinate this work. These new standards will ensure that anyone who receives a licence for dog breeding, selling pets, boarding dogs and cats, hiring out horses or keeping or training animals for exhibit will need to meet these new minimum welfare standards. This should help drive up animal welfare standards across all of these sectors.
Many people and organisations have been calling for more restrictions to be placed on the breeding and selling of dogs in particular, where it is felt there are unscrupulous businesses that breed dogs in poor conditions for maximum profit. The regulations address this in a number of ways. First, we are making changes to the definition of dog breeding, to ensure the regulations capture both large-scale dog breeders as well as smaller-scale dog breeding businesses. Under the new regulations, anyone who is in the business of breeding and selling dogs will need a licence. In addition, breeders who are not classed as a business will also need a licence if they breed three or more litters a year and sell any of them. Overall, this will ensure that more breeders are captured under the regulations and will need to comply with the high animal welfare requirements set out within them, while also ensuring that we crack down on unregulated backstreet breeding.
Secondly, it is important to acknowledge the sad fact that many unsuspecting potential buyers are providing a lucrative market for rogue dog breeders and animal dealers who work illegally, outside the licensing system. Therefore, the regulations include a number of measures that will help consumers identify these rogue traders and make more informed decisions when purchasing an animal.
On that point, can the Minister confirm whether unlicensed breeders, specifically those falling below the threshold for licensing, will still be able to sell puppies to pet shops and dealers if they are under eight weeks of age?
The situation described by the hon. Lady, as I outlined, would be captured. Under HMRC’s badges of trade, which define what trade is, anyone breeding for the purpose of selling to pet shops would be covered by these regulations, even if they were breeding fewer than three litters a year.
The regulations include a number of measures that will help consumers identify these rogue traders and make more informed decisions when purchasing an animal. Licence holders are required to publish their licence number on all adverts, including online adverts, so that consumers can check with the relevant local authority that it is a legitimate business. All licensed businesses will also receive a risk rating—from one to five stars—based on their welfare standards and compliance record. That is a similar system to the one used in food hygiene rating schemes. For puppies, there is an additional requirement that any sale be completed at the premises where the puppy was bred to make sure that the purchaser sees the puppy and the conditions in which it has been kept before making the final purchase. All licensed pet sellers are also required to provide purchasers with information about how to care for the animal they are buying.
These measures will ensure that consumers can make more informed decisions when buying an animal, and are better able to care for it once they have taken it home. This is particularly important for some of the more exotic species, such as reptiles, which are becoming more common as pets these days.
Many people are concerned about the increase in the online sale of pets. Dating as it does from 1951, the current legislation is not clear on whether these businesses require a licence. The legal position is that they already do. However, as a result of the lack of clarity, enforcement is inconsistent across the country. Under the new regulations, the issue is put beyond doubt: all commercial sales require a licence, including those that take place online. All these businesses will have to comply with the minimum welfare standards set out in the regulations. These measures will ensure that the licensing system is consistent and fit for purpose in this modern age.
The Minister is outlining an excellent procedure for the star rating and the licensing of online, as well as other, sales, but that will require considerable enforcement and monitoring by local authorities. What resources are being given to local authorities to perform all these tasks?
Local authorities can recover the full cost of their licensing regime through the price of the licence that they issue. Resourcing is not a problem; they can go for full cost recovery and the regulations provide for that.
I should point out that the licensing system is run by local authorities and, as I said, funded by full cost recovery—the hon. Lady got there just before I reached that point— so there is no financial burden on local authorities. Licences can also be issued at any point in the calendar year, which will help to spread the workload across the year. The maximum licence length that can be issued is increased from the current one to three years, with longer licences going to businesses with earned recognition.
This earned recognition will be based on a combination of past history of compliance and the animal welfare standards adopted by the business. Businesses with high animal welfare standards and high historical levels of compliance, or those associated with a body accredited by the United Kingdom Accreditation Service—such as the Kennel Club’s assured breeder scheme—will be able to achieve the maximum three-year licence, leading to less frequent inspections and a lower fee. They will also achieve a five-star rating to demonstrate their high quality to consumers.
The risk-based system should reduce the workload for local authorities, allowing them to spend more time on enforcement of unlicensed and less compliant businesses. That will also reduce the burden on good businesses and therefore provide an incentive for businesses to improve welfare standards.
We recognise that the implementation of these regulations will be crucial to their success and so local authority inspectors will be required to undertake specific training on licensing and inspection. That will ensure that they are suitably qualified to undertake inspections for all the animal activities covered by the regulations. The regulations have been drafted in consultation with stakeholders from industry, animal welfare organisations, local authorities and veterinary bodies, and we are grateful for all the assistance they have offered. The regulations are proportionate and targeted and will help improve animal welfare across a number of sectors. I therefore commend them to the Committee.
I am grateful for the supportive comments from both hon. Ladies who have made a contribution to the general approach we are taking. They have raised some specific issues that I will try to address.
The shadow Minister raised the point of third party sales. I hope that she is aware that on 8 February 2018 we issued a call for evidence on this matter. It has been discussed a little bit in the last few years as we have progressed these issues. The general view that we have taken is that if we can tighten up on internet sales and make it clear that people selling online are registered pet shops and pet dealers and therefore require a licence, it will go some way to addressing these challenges, but we are aware that a number of organisations have made and continue to make representations on third party sales, and that is why we have a call for evidence out on this at the moment. We will have many representations on that so we are addressing and dealing with that point through that approach.
The hon. Member for Halifax also mentioned resourcing. As I explained at the start, local authorities can recover the cost of both the enforcement and the licensing regime through the cost of the licence that they issue. We are now working closely with local authorities to put together guidance to help to inform people of the length and scale of the charges that would probably be imposed for licences of different lengths, and they will be able to recover all of their costs through the licence cost.
Does the Minister agree that deciding to set the licensing threshold for dog breeders at one or two litters would bring more breeders on to the radar in terms of licensing?
If it is okay with the hon. Lady, I will return to the issue of the threshold set on the number of puppies. Even as a backbencher from 2011, I looked closely at this issue over a number of years, and I think we have arrived at the right place, but I will return to that.
I will say a little bit more about resourcing. As the hon. Member for Redcar correctly pointed out, by making sure that the licence can start in any month of the year—so it is a 12-month licence, not a calendar year licence—we spread the workload for local authorities. With the ability to have earned recognition for the best performing establishments of up to three years, we will also therefore reduce the workload in that regard. The combination of the ability to recover the cost of the licence—the regulation provides for that—and the evening out of the workload will help local authorities.
The shadow Minister raised the point about the consistency of application. We recognise that this has been a bit patchy in the past. It varies from local authority to local authority. That is why we will address that by requiring, for the first time, training of those carrying out the licensing. That will address that particular concern.
I am grateful for the opportunity to make an intervention. Returning to the impact assessment, that training is for just one member of staff. While there is a responsibility on that member of staff to then disseminate information within the team, there is no accounting of time or cost for people to be involved in that training, to listen to and digest it, and to be informed when they are then going about their business. Is that an error within the impact assessment or is that intentional?
I was going to move on to that. The hon. Lady raises the issue of familiarisation. These regulations consolidate a number of other existing licensing regimes. So it is not as though we are starting from scratch. All local authorities will have people who have some familiarity with the existing regulations. We are changing, improving and consolidating it, but the starting point is that they are familiar with the regulations that exist today. The second point is that when I was handling this part of the portfolio—it is now with my noble Friend Lord Gardiner—in 2015, we were actively engaged in discussing this issue with local authorities and we have been ever since. To get to the stage we are at today there has been an enormous amount of dialogue with local authorities on these regulations and the approach we are taking. It is an approach that they have supported and, in effect, co-designed with us.
Local authorities are already under enormous pressure enforcing the existing regulations. In my area of High Peak, we have not seen a single prosecution for raptor death in the last year and raptors have been reduced from 15 pairs down to one. This is going on, but the law is not being enforced, because enforcement and prosecution in particular take up a vast amount of time and resources that local authorities simply do not have.
The hon. Lady is taking us into a slightly different area, which is wildlife crime and persecution of raptors, but she will be aware that we have the national wildlife crime unit, which also addresses this particular issue. It is a challenge. However, as I have said a number of times, local authorities can recover the costs of running this licensing regime and the regulations have provided for that.
The shadow Minister raised an important point, particularly given that there could be a longer licence, what are the remedies if there is a breach of the licence? That is an important point because, somewhat astonishingly, the existing regulations—with the exception of the Performing Animals (Regulation) Act 1925—have no provision at all to revoke the licence. It is an annual licence and the remedy effectively was that it would not be renewed if there was a breach. We do not think that is sufficient or acceptable. In a new addition we have brought in, these regulations enable local authorities to revoke and suspend licences where a breach has occurred. The establishments affected will have the ability to appeal, if they wish, to a first-tier tribunal, so we would make provision for an appeals process. This is the first time that local authorities will have the power to revoke or suspend licences. That is new. It gives us the confidence to grant those longer-term licences where operators have demonstrated a high degree of compliance and a commitment to high-level animal welfare.
May I just query, in those circumstances where a licence is revoked, for example for a dog breeder, what would happen to the animals within their care?
In a situation such as that, the animal welfare officers at local authorities already have the power to intervene, to take those animals away and find a way to re-home them, probably with rescue charities, other breeders or other establishments that retain a licence. They have the powers to facilitate that already. On the issue of the threshold of the number of puppies, as I said earlier, I looked at this in depth as a Back Bencher and it might be worth dwelling briefly on the history. Until, I think, 1999, if someone bred more than two litters—that is, three litters or more, the same as we are proposing now—they required a licence. As a result of a debate that took place in the House of Commons regarding concerns over commercial, large-scale puppy farms, a direction was given that resources should be focused on large-scale puppy farms rather than smaller breeders.
As a result, a Home Office circular was sent out, in effect giving guidance to local authorities that they should follow a threshold of five litters or more. I am not going to make a political point; that took place under the last Labour Government, but it was done with good intentions, to try to target resources where the greatest concern lay, as Parliament saw it in those days, which was large-scale puppy farms.
What we have subsequently found, particularly in the last decade, is a worrying growth in what I would term backstreet breeders, particularly people breeding status dogs. Those are people who are not really fit to raise dogs or to look after puppies. To make it worse, they often raise them, and try to train them, to be aggressive. There has been a worrying trend of status dogs, which started in around 2005 and has run for the last decade. The change we are making will capture those people again, by effectively reinstating the position as it was until 1999.
There is always an argument that we could go further, but we can review this. The regulations will be reviewed every five years, and if the feeling of the House at that time is that there is a reason to change the threshold again—maybe putting it up or down; it tends to move quite often—there will be an opportunity to do so at that point. Having looked at this, to put the position back as it was and to put it back in line with legislation introduced by the Welsh Government, which also has a threshold of three litters or more, is right.
The final thing I would say is that, notwithstanding the second criterion of three litters or more as a threshold, if somebody were breeding fewer than that but were doing so commercially and regularly selling those puppies, they would still be captured by the need to have a licence under the badges of trade criterion, which is included in the legislation.
Has a minimum staff-to-dog ratio for breeders been put into any of this legislation?
It would test my skills to find the correct location. I am not sure that there is a specific staff-to-dog ratio, but if the hon. Lady looks in the schedules of the statutory instrument, she will see that when it comes to both pet shop and dog breeding establishments there are detailed statutory codes that people must follow. It sets out things about the amount of social contact there must be with dogs, the feeding regime, the availability of water and bedding, and socialisation of the dogs. That is all set out in some detail through the new statutory code that we have worked up with the industry.
I thank the Minister for giving way again. I will just state that in the Welsh Government’s legislation there is a minimum staff-to-dog ratio of 1:20. I see he has a piece of paper.
My officials have very helpfully helped me out. The specific issue of a ratio is not in the regulations. Lots of other things are, and I commend them to hon. Members, because we have worked them up with the industry. The ratio of staff to dogs will be contained in and addressed through the guidance that goes to local authorities alongside the regulations.
I will briefly conclude by addressing some of the points raised by the hon. Member for Redcar; I know she has introduced legislation, through a private Member’s Bill, to address some of these issues. I welcome what she said about earned recognition, which was something I was always keen to support because we know there has been quite patchy application of the regulations by local authorities. My view was always that if we had a way of recognising those who are signed up to UKAS-accredited schemes or who demonstrate strong compliance, it frees up the time of local authorities to target the people we really want to hit—those who are trying to avoid or evade the licensing regime, and about whom we have concerns.
The hon. Lady asked whether local authorities are ready for this. The commencement date is 1 October. I believe they are ready, because, as I said earlier, we have been talking about this for quite some time. We first started engaging with local authorities on the emerging regulations in 2015 and they have been involved in their co-design. They will welcome the changes, because they will enable them to issue longer licences and to spread their workload across the year. They are ready for it and they have had lots of time to prepare. We will also issue guidance and work with them over the next six months to ensure that they are ready.
Finally, the hon. Lady asked whether there should be a national unit dedicated to enforcement. We looked at that, but we concluded that it would be the wrong way to go. Licensing regimes have traditionally been run by local authorities. We want to improve the way they are run and the consistency of enforcement, which is why we will have training. We want to enable them to take a risk-based approach to their licensing regime. We want them to be able to recover their costs so that they can do the job effectively. It is right, however, that local authorities, with local people on the ground, run this kind of licensing regime.
You have missed the opportunity, unless the Minister is feeling over-generous and has not quite finished. Does he wish to take an intervention?
There will not be a publicly available list as such, but, as I said, those who are selling animals will be required to display their licence number on their websites. Our view is that it should be a risk-based approach. If someone has concerns about the validity of a particular licence and believes that fraudulent behaviour is happening, they should be able to raise that with their local authority.
I was always supportive of requiring licence numbers to be stated on websites and on online adverts because it gives local authorities an easy surveillance tool to check whether people who claim to be in Sheffield and to have a licence in Sheffield actually have such a licence. It is an easy way for people to self-volunteer, and it makes enforcement by local authorities very easy. On that final point, we have had a constructive and useful debate, and I commend these regulations to the Committee.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Animal Welfare (Licensing of Activities involving Animals) (England) Regulations 2018.
(6 years, 5 months ago)
Written StatementsThe Agriculture and Fisheries Council will take place on 19 March in Brussels.
As the provisional agenda stands, the primary focus for fisheries will be an exchange of views regarding a regulation on a multi-annual plan for demersal species in the western Mediterranean sea.
The primary focus for agriculture will be the adoption of Council conclusions on “The Future Of Food And Farming”:
There are currently two items scheduled under any other business:
working conditions and safety on board fishing vessels—ratification and transposition of international instruments.
joint declaration of 10 Member States (Austria, Croatia, Czech Republic, Germany, Hungary, Poland, Romania, Slovakia, Slovenia and Spain) on future development of freshwater aquaculture in the EU after 2020.
Parliament voted to trigger article 50 and leave the European Union. Until we leave the EU, all the rights and obligations of EU membership remain in force. The outcome of our negotiations with the EU on a future partnership will determine what arrangements apply in future.
[HCWS552]
(6 years, 5 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I congratulate my hon. Friend the Member for Aberdeen South (Ross Thomson) on securing this debate on the use, sale and distribution of e-collars. As he pointed out, this is a timely debate, given the Government’s announcement only three days ago that we are seeking views on a ban on the use of e-collars in England. A public consultation provides people with the opportunity to express their views on the use of e-collars. They have until 27 April to respond to the consultation, which can be found via the gov.uk website.
I begin by commending the campaigning work that my hon. Friend has done recently on this issue. He has raised it many times and has met the Secretary of State to discuss it. I also take the opportunity to pay tribute to the long-standing work in this area by my hon. Friend the Member for Hendon (Dr Offord). As long ago as 2014, he introduced a ten-minute rule Bill to ban e-collars. He has been a long-standing campaigner on these issues. As my hon. Friend the Member for Aberdeen South pointed out, many people are opposed to the use of e-collars for dogs and cats. That opposition includes many of the animal welfare and veterinary organisations, such as the Royal Society for the Prevention of Cruelty to Animals, the Dogs Trust, Battersea Dogs and Cats Home, Blue Cross, the People’s Dispensary for Sick Animals, the Kennel Club and the British Veterinary Association.
While we have signalled through the consultation our intention to act and introduce legislation, it is important to remember that in the meantime it is already an offence to cause unnecessary suffering to an animal. The maximum penalty is currently six months’ imprisonment, an unlimited fine or both. We have already announced that we will increase the maximum penalty to five years’ imprisonment, a fine or both. If anyone considers that someone has caused an animal unnecessary suffering by the use of an e-collar, they should report it to the relevant local authority, which has powers to investigate such allegations under the Animal Welfare Act 2006. Alternatively, they can report it to the RSPCA, which will also investigate.
The Government previously considered that e-collars should be used only as a last resort, when more conventional forms of positive reward training had failed. We also encouraged owners of such devices to read and follow the manufacturers’ instructions. However, we suspect that people are taking shortcuts, thinking that an e-collar might save them money in the long run, as they would not have to commit to a series of training courses for their dog. We think it is wrong for people to conclude that a simple hand-held device that emits a static pulse is all they need to correct their dog’s behaviour. As veterinarians, behaviourists, trainers and welfare organisations all tell us, it is not that simple.
Can the Minister be clear on whether the Government intend to review the legislation relating to the sale of such devices? He said that the consultation is about their use in England, but as the hon. Member for Aberdeen South (Ross Thomson) and others have made clear, there is great public concern about the sale of such devices. Failing to act on their sale may undermine attempts to curb their use. Can the Minister be clear whether the current consultation includes that issue, and if it does not, will he commit to reviewing it in the future?
I was going to come to that later, because it was one the key points made by my hon. Friend the Member for Aberdeen South. The point is that the consultation leaves open that option; we are suggesting a ban on use, but we also invite views on whether that would be sufficient, or whether we should consider a wider ban. I will say a little more on that later, but first I want to describe some of the context.
In 2014, the Department for Environment, Food and Rural Affairs funded research on the use of e-collars on dogs. I stress that that research was restricted to remote hand-held devices, rather than containment fences for both cats and dogs. The research concluded that e-collars have a detrimental effect on the welfare of dogs in some cases. People need to be aware that an e-collar is by no means an easy answer to a problem. Indeed, using an e-collar may have a long-term, detrimental effect on the welfare of a beloved pet. In such circumstances, an owner could be in breach of the Animal Welfare Act 2006, leaving themselves open to prosecution.
At the time of the 2014 research—I was in the Department at the time—the Government stopped short of recommending an outright ban, for a number of reasons. Given that we were approaching a general election—frankly, since then we have all had lots of enjoyable referendums and elections that have distracted us from our duty in this place—we decided that it would be quicker to include some references in the updated dog welfare code. I pressed for that in 2015 with officials, having had representations from my hon. Friend the Member for Hendon, and those additions went into the updated dog welfare code that is currently under consideration. However, if we want it to be enforceable, and if we want clarity in the law, the Government are currently of the view that going a step further and simply banning the devices would probably give that clarity.
The difficulty with having codes that say that such devices should be used as a last resort, or that include comments that basically strengthen a presumption against the use of negative training devices, is that there is always a difficulty with enforcement. That is why, notwithstanding the position that we took then, now that we have a clear run in Parliament to address such issues without the constant distraction of forthcoming elections, it is right that we have a consultation and call for evidence, and consider going further.
As we make clear in the consultation, we want to promote the positive training of dogs. We do not consider that dogs should be subject to negative forms of training, particularly when positive methods can have such beneficial effects. There are some very good trainers out there whom people can approach about the behaviour of their dogs, and who are used to all sorts of challenges with regard to disobedient dogs. We want owners to use positive training methods as much as possible.
I have heard many arguments about individual experiences of using e-collars. My hon. Friend the Member for Aberdeen South outlined some of the anecdotes that he has received. I have heard anecdotes on both sides. There are often-quoted reactions to e-collars, such as people using the hand-held devices at the strongest setting on the first use. Another example that we have had drawn to our attention relates to containment fences. When dogs chase something beyond the boundary line, they are often too scared to return. I have also heard stories of dogs that might not be alive today were it not for e-collars, particularly when it comes to those boundary fences. The consultation provides supporters of e-collars and opponents of such devices an opportunity to express their views on the issue.
Turning to some of the specific points that have been made, my hon. Friend the Member for Aberdeen South referred to the sale of the devices. I can confirm that the consultation is open to evidence on that. We have made a specific proposal on banning the use of e-collars, because that is the approach that has been taken successfully in Wales and other countries such as Denmark and Germany. I was not intending to dwell on EU law in this debate, because obviously we have lots of debates on that in this place. However, there are potentially complexities and difficulties, partly linked to single market legislation, that could make it more difficult for us to introduce a ban on sale while we are a member of the European Union. Nevertheless, in our call for evidence and in our consultation we remain open to representations on that.
My hon. Friend the Member for Henley (John Howell) raised the specific issue of sonic collars. I can confirm that the proposal covers all such electronic devices—not just shock collars, but those that emit noxious liquids or painful sonic signals. My hon. Friend the Member for Clacton (Giles Watling) referred to his impatience to get on with it. As somebody who has been quite sympathetic to taking further action in this area since 2014, I can tell him that patience is a virtue in this House. The reality is that if we want to introduce a ban of this nature, the first step has to be a consultation and a genuine debate and discussion, giving people the opportunity to express their views. I am afraid we cannot introduce a ban without getting to the point of legislation. I hope that he will recognise that the Government have acted in this area. We have made it clear that we are publishing a consultation and inviting views, which is the crucial first step to making progress in this area.
My hon. Friend the Member for Witney (Robert Courts) made a very important point, which in my mind goes to the heart of the debate. He talked about the complexity of canine behaviour, and the fact that dogs can associate the shock with something else in their immediate environment. My hon. Friend the Member for Aberdeen South gave the anecdote of dogs that associated the shock with the first time that they received it, and with small dogs that were in the vicinity. I always remember my hon. Friend the Member for Hendon, at the time of his ten-minute rule Bill, giving a powerful case of a dog that had associated the shock with small children, because the shock collar had been used when children were in the area. It is clearly very damaging to confuse dogs and cause them to have concerns about small children. That could have completely unintended consequences from which we cannot row back.
In conclusion, we have had a very interesting debate, with lots of important interventions.
I asked a specific question about the extent of proposals. Can the Minister confirm that he will look carefully and kindly on the idea of the legislation, if it is introduced, extending across the entire United Kingdom?
Yes. I may have given the impression that I was avoiding the point that the hon. Gentleman raised earlier. The consultation is specifically for England because it is a devolved matter at the moment. Wales introduced a similar ban—I think as long ago as 2010, from memory. I understand that the Scottish Government are consulting on something similar. Our consultation addresses England, but I am conscious of the particular issue that we have in Northern Ireland at the moment, without an Administration in place. I will happily consider the hon. Gentleman’s suggestion, but I hope that he will understand that we would not want to violate the devolved settlement that we have on the issue of animal welfare.
Question put and agreed to.
(6 years, 5 months ago)
Commons ChamberAs you are aware, Mr Speaker, my right hon. Friend the Secretary of State is in the United States on departmental business, representing UK interests. I know that he has already written to you about that, and he sends his apologies to the House.
Last week, the Government launched a consultation setting out the policy framework for agriculture after the UK leaves the European Union. This Command Paper outlined a series of proposals to help farmers invest in their farms and become more profitable, to support new entrants coming into the industry and to support collaborative working in areas such as research and development.
There was nearly a state crisis this morning: the pedal came off my bicycle at Vauxhall bridge. I managed to get here just in time.
I very much welcome the Command Paper. It talks much about having a greener and better environment for the future, but does the Minister agree that part of that agriculture paper must include the means of production—good-quality production—and our being able to increase, rather than decrease, the food that we grow in this country as we go forward with a new British agricultural policy?
I very much agree with the points that my hon. Friend makes. He and I both have a background in the farming industry, and we recognise the importance of this strategically vital industry for our country. He will know that we have a manifesto commitment to grow our agriculture industry and produce more food. Our consultation outlines a number of proposals, including improving both our productivity and research and development.
When will a decision be made on the reintroduction of a seasonal workers scheme, so that crops do not rot in the ground this summer?
The hon. Gentleman will be aware that this is an issue on which the Home Office leads. We have regular discussions with Home Office colleagues on these matters and we feed in the feedback that we get from industry on this matter. As my right hon. Friend the Secretary of State made clear in his speech to the National Farmers Union, we are looking closely at the idea of a seasonal agricultural workers scheme, so that we can have the labour that we need after we leave the European Union.
Most of the food produced and processed in my Cleethorpes constituency is reliant on good supplies of fish. Can the Minister give an absolute assurance that the fishing industry will not be sold out in these negotiations as it was in the 1970s?
We have consistently been clear that when we leave the European Union, we leave the common fisheries policy. Under international law—the UN convention on the law of the sea—we then become an independent coastal state, and we will manage the fisheries resources in our exclusive economic zone and manage access to our own waters.
How will the Minister ensure that farm subsidies after Brexit will remain targeted at food production?
We have been clear that we will maintain the total spending that we have on agriculture and the farmed environment until 2022. We have also been clear—our paper sets this out—that there will be a transitional period as we move from an incoherent system of area payments, which we have now, to one that is focused on the delivery of public goods. We recognise that there will need to be a gradual transition from the old system to the new.
The EU’s common agricultural policy has been a disaster for the British dairy industry, because it has been designed in the interests of French farmers, not British farmers. How can we put that right after Brexit?
My hon. Friend makes a very important point. The common agricultural policy has all sorts of inconsistencies. Having a one-size-fits-all agricultural policy for the whole European Union makes no sense at all, and as we leave the European Union and take back control of these matters, we will have the freedom to design an agricultural policy that works for our own farmers.
May I say first how relieved I am that the hon. Member for Tiverton and Honiton (Neil Parish) made it here today to ask this important question?
When the Secretary of State looks at how best to support food producers, he should be aware that the figures of the Department for Environment, Food and Rural Affairs show that 64% of farmers earn less than £10,000 a year and that eight supermarkets control almost 95% of the food retail market. Recent figures also show that farmers receive less than 10% of the value of their produce that is sold in supermarkets. Can the Secretary of State—or the Minister today—tell me, please, what he is doing to tackle this clearly inequitable and unsustainable situation?
The hon. Lady makes an important point. If we want to move to a position in which farmers are no longer dependent on subsidies, it is important that we support farmers to come together collaboratively, to strengthen their position in the supply chain and ensure that they get a fairer price for the food that they produce. We recently outlined a series of proposals for a statutory code on dairy and a statutory approach to carcase classification for sheep, together with a range of other options.
I have had regular dialogue with Ministers in the Department for Business, Energy and Industrial Strategy regarding the role of the Groceries Code Adjudicator, and we recently had a call for evidence on the matter. In our response on 16 February to that call for evidence, we set out a range of measures to improve fairness in the supply chain and strengthen the position of farmers and small producers.
I am the unpaid chair of the trustees of the Fairtrade organisation Traidcraft. There were high hopes across the Chamber of a stronger Groceries Code Adjudicator to protect suppliers from unfair practices, such as last-minute cancellations of orders and unexplained deductions from invoices. Ministers started consulting, I think, 18 months ago on possible changes. The farming Command Paper last month promised fairness in the supply chain, but hopes were dashed with the announcement last month that there would be no change to the adjudicator’s remit. Why are Ministers failing to take action?
I do not accept that there was no change. As I said a little earlier, we have announced a package of measures. It includes a £10 million collaboration fund to help farmers and small producers to come together, compulsory milk contracts legislation to protect dairy farmers, compulsory sheep carcase classification, a commitment to making supply chain data easier to access to improve transparency and market integrity and a commitment to reviewing whether more grocery retailers should come under the GCA’s remit.
I hear what the Minister says, but given that the vast majority of producers and consumers are very keen for the Groceries Code Adjudicator to be strengthened, why will he not do so? The Opposition are very happy to help if he says that he is prepared to strengthen the code.
When we looked at the evidence, we found that a lot of it concerned particularly vulnerable sectors, such as dairy and some of the other livestock sectors, which often end up becoming price takers because they do not have sufficient strength to deal with large processors. It was less an issue of the supermarkets and more an issue of the processors. We have decided that a better way to take this forward is to introduce other statutory codes that target the problem, rather than trying to change the GCA’s remit.
Our approach to future environment policy was set out in our recently published 25-year environment plan; our approach to future agriculture policy was published in our consultation last week; and our approach to trade negotiations with the EU was outlined in a speech by the Prime Minister last week. All these policies are being developed at the same time.
I thank the Minister for that answer, but does he agree that there should be a common framework for environmental standards across the whole United Kingdom after Brexit?
As the hon. Lady will be aware, through the European Union (Withdrawal) Bill, we are initially bringing across all existing EU legislation as it pertains to the environment. My right hon. Friend the Secretary of State has also outlined plans for a new environmental body, and we are in discussion with the devolved Administrations about their involvement and a UK framework in these matters.
Park keeper or food producer—whatever the future for farming is going to be, does my hon. Friend agree that it must be possible to earn a living out of farming?
I very much agree with my hon. Friend, who has a lot of experience in these matters and an understanding of the industry. He is absolutely right. There will be parts of the country where some farmers choose to do more by way of delivering environmental outcomes, and in other parts they may focus more on food production. Either way, we want a vibrant, profitable farming industry across our country.
In the Prime Minister’s speech last Friday, she said that there would be no compromise on environmental standards and animal welfare standards, which was welcome. What guarantees can the Minister give to Welsh and UK farm producers that they will not be disadvantaged by lower-standard food entering the UK market following post-Brexit trade deals?
Both my right hon. Friend the Secretary of State and I have always been consistently clear that we will not lower our high animal welfare standards and high food standards in this country in pursuit of a trade deal.
Leaving the European Union provides the UK with an opportunity to improve the profitability of the agriculture sector. In our consultation document, we set out an approach to support that objective, and we are seeking the views of the industry on a range of measures to improve the competiveness of the farming sector.
Since it is International Women’s Day, may I take this opportunity to congratulate Minette Batters, who has recently become the first ever woman president of the National Farmers Union?
I join the Minister in that sentiment.
Brexit is by far the greatest threat to Scottish farming. Given that Scotland has proportionately higher rates of common agricultural policy funding than elsewhere and that the types of farming that can take place in Scotland are very specific, will the Minister commit here and now to making sure that no subsidies to Scotland are cut after Brexit?
The hon. Lady will be aware of our intention that agricultural policy and the design of individual schemes will be very much a matter for the devolved Administrations. I look forward to seeing some of the proposals and suggestions that may come from the Scottish Government. We have offered to share our proposals with them so that they can learn from some of our analysis.
I am proud that Vale of Evesham asparagus has been granted protected geographical indication status by the EU, which will help to boost its brand recognition and sales. Will PGI status still be recognised post Brexit?
My hon. Friend makes an important point. Vale of Evesham asparagus obviously has a fantastic reputation across our country and, indeed, around the world. On protected food names, our intention is that the existing legislation will come across through the European Union (Withdrawal) Bill. Third countries can already seek designations for the EU market, and the designations we already have in the UK will be protected through our domestic legislation.
The hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) is surprisingly shy and self-effacing this morning. We are unlikely to reach Question 12, so if the hon. Gentleman wants to favour the House with his thoughts on this question, which is not dissimilar to his own, he is welcome to do so.
The House will be most grateful to the hon. Gentleman, as will the hon. Gentleman’s brother.
We recognise the importance of our small family farms, and we also recognise that some of them may face more challenges in a transition from the old system to the future one. In our paper, we set out detailed proposals on a gradual transition to give them time to prepare, and we also set out a number of measures to help to support productivity, add value and get a fairer price for their products. We would of course be more than happy to share our proposals with the Scottish Government.
I thank my hon. Friend for that invitation, and either I or another Minister would be delighted to attend the Shropshire show, which will be part of this year’s agricultural show programme. It will be an important opportunity for us to engage with the industry.
We are firmly committed to maintaining and improving our world-leading animal welfare standards. Our consultation paper sets out the options we are considering as we leave the EU, such as pilot schemes that offer payments to farmers delivering higher welfare outcomes. We are also producing improved animal welfare codes for meat chickens, laying hens, and pigs.
I thank the Minister for that answer. There are currently circumstances in which someone who has been charged with serious animal welfare offences is able to acquire new livestock, under the guise of it belonging to a partner, in the run-up to their trial. That can result in serious cases of neglect and cruelty, and there has been such a case in my constituency. Does the Minister agree that anybody charged with the most serious type of animal welfare offences should not be allowed to acquire new livestock in the run-up to their trial? Will he meet me and the leader of South Gloucestershire Council to discuss that matter?
The Animal Welfare Act 2006 gives courts the power to impose a disqualification order on anyone found guilty of causing unnecessary suffering to animals. That can disqualify someone not only from owning or keeping animals but, crucially, from having any influence over the way in which an animal is kept. If someone is suspected of breaching the terms of a disqualification order, the matter should be reported to the relevant authorities. My hon. Friend will understand that there is a difference if someone has been charged but not yet prosecuted, and I would be happy to meet him to discuss the matter further.
The Minister will be aware of long-standing public health concerns about the routine overuse of antibiotics on UK farms, yet we now hear that such use is five times higher on American farms, particularly for US beef production. What conversations is he having with colleagues in the Department of Health and Social Care to ensure that opening the markets to US beef does not happen, and that we do not have a public health crisis in this country?
The hon. Lady makes an important point. We have made good progress in the UK on reducing our use of antibiotics in agriculture. There have been notable successes in the poultry industry, and the pig sector is also making improvements. In our future agricultural policy, we want to support approaches to livestock husbandry that will enable us to reduce the use of antibiotics further and, as I said earlier, we will not compromise our food and animal welfare standards in pursuit of any trade deal.
Game is an important part of our food heritage, and it is a draw on menus across the UK and served in many establishments. Exports of game meat were worth £9 million in 2016 and £7 million in 2017. We have no specific plans to promote UK game meat, but we continue to raise the profile and reputation of UK food and drink overseas through the Food is GREAT campaign.
The Minister will be aware that the game sector is worth £114 million to the industry back home. I suspect he will also be aware that the European market, in particular in France, has decreased. Is he prepared to consider introducing and promoting game in the far east, especially in China, because that market is just crying out for game for people’s plates?
I regularly take part in trade delegations with the UK Government, and a couple of years ago I attended the Anuga food conference in Cologne, where there was a producer and exporter of UK game meat. I am happy to meet the hon. Gentleman and consider his proposals in this area.
Since the last DEFRA questions, the Department has continued to work on plans for our departure from the European Union and we have published our Command Paper on future agricultural policy. We have laid legislation to introduce mandatory CCTV in slaughterhouses, taking forward our agenda to enhance animal welfare. Parliament has also recently debated and passed legislation to strengthen laws on combating litter.
Remainers and leavers agree that one of the very worst aspects of our EU membership is the common fisheries policy. Can the Minister confirm that we are leaving it on 29 March next year, that the British fishing industry can be relaunched as a result, and that he will not trade away our newly re-won sovereignty over fishing in the interests of a wider trade deal?
We have always been clear that when we leave the European Union, we leave the common fisheries policy and become an independent coastal state under international law. There are, of course, always annual negotiations—even for countries outside the EU—to agree an approach on the management of shared stocks, and we envisage that such meetings will continue. I can confirm that the UK Government’s view is that there is a trade discussion to take place. We want a free trade agreement and a fisheries discussion to take place, and we want to take back control of our waters.
Last week’s freezing temperatures caused chaos to water supplies this week. Households in London were among those hardest hit, with customers widely reporting a systemic failure by Thames Water to comply with its legal obligation to provide 10 litres of water per person for every day that a customer is disconnected. Will the Minister confirm that that was the case and, if so, when the Department was notified, as is the requirement? What actions does she intend to take against companies that fail to meet that obligation?
The hon. Lady will be aware that this issue is shared between the Department of Health and Social Care and the Department for Environment, Food and Rural Affairs. The former leads on folic acid and we lead on labelling issues. It is the case that there is a complexity in EU law. EU regulations now require that all products that have flour must include labelling. That creates burdensome problems for the industry, but if there is a recommendation, we will look at it sensibly. Once we leave the EU, we will have an opportunity to adopt a slightly different approach.
The point that we are making is that in the long term, there may be opportunities in certain sectors, particularly for food that we are unable to produce in this country, to have lower prices for certain products. However, the hon. Lady makes an important point. Generally, we have low and stable food prices in this country, and countries that are fully dependent on importing all their food tend to have higher prices and less choice.
My hon. Friend makes a very important point—as a former fruit and vegetable grower, I should perhaps declare an interest—and she is absolutely right. We believe that our future policy, in so far as it supports innovation, will be open to the horticulture sector so that it can invest in its future, and we also talk about the importance of promoting nutritious food.
The Government said in court that they considered it sufficient to take
“a pragmatic, less formal approach”
to areas of poor air quality. Portsmouth has consistently breached World Health Organisation guidelines, with 95 premature deaths each year attributed to air pollution. Does the Minister therefore consider it appropriate to take an informal approach to preventing deaths and protecting the health of my constituents?
The EU Commission’s position on fisheries has been widely reported in the last 24 hours. It states that
“existing reciprocal access to fishing waters and resources should be maintained”.
It also seems to suggest that any future trade deal will be heavily dependent on EU fishermen maintaining the current unfair access to British waters. Agreeing to this position is clearly unacceptable to fishing communities around the UK. Will my hon. Friend confirm that the Government consider the EU’s position to be just as unacceptable?
Yes. I simply say to my hon. Friend that this is an EU position. It currently benefits considerably from access to UK waters. At the moment, the UK fleet accesses around 100,000 tonnes of fish in EU waters, but the EU accesses 700,000 tonnes of fish in UK waters, so it would say that, wouldn’t it? That is not a position that the UK Government share.
I draw the Minister’s attention to the very serious oil spill stretching from Pymmes brook in my constituency right down the River Lea to the Olympic Park. This has happened for the second time in two years. Is it not time for the Environment Agency, the Canal & River Trust, the local authorities and Thames Water to get together, once they have cleaned up the spill, to see what they can do to prevent such spills?
Last week’s Brexit paper referred to the availability of food, but made zero reference to the scandal that one in 12 British adults had gone a whole day without it. Why do the Government not care about people going hungry?
We do care about people going hungry. We have a number of initiatives to support food banks and ensure that food is redistributed. We are also reforming and improving the benefits system to help people back into work, which is obviously the best option.
The Minister will be aware of the concern expressed by Northern Ireland farmers and other food producers about cross-border trade. Does the Minister agree that we need an arrangement that will accommodate everyone?
I very much agree with the hon. Gentleman. I met him and a number of others yesterday to discuss the particular challenges of the Northern Ireland border, and I can reassure him that the Government are fully apprised of that concern.
(6 years, 5 months ago)
Written StatementsAgriculture and Fisheries Council took place in Brussels on 19 February. Counsellor Rory O’Donnell represented the UK.
The most substantive Council discussion was an exchange of views on “the future of food and farming”, a continuation of early discussion of the Common Agricultural Policy (CAP) post 2020. Member states agreed on the importance of direct payments in providing income stability to farmers. The UK signposted a future domestic agriculture policy based on rewarding farmers for public goods.
The Council moved on to a discussion of possible revisions to the EU bioeconomy strategy. Member states were in agreement that the agricultural sector would benefit from a greater role in the bioeconomy, particularly in exploring new methods of adding value in agricultural supply chains.
The European Commission provided Council with information on an EU protein plan. The UK welcomed the plan, and particularly planned actions to tackle deforestation.
Three further items were discussed under “any other business”:
the European Commission presented information to Council on the rural Africa task force
the Polish delegation presented a paper to Council on rural development in the CAP post 2020
the Agriculture Ministers of the Visegrad member states presented a joint declaration to the Council on “the future of food and farming”.
Until the UK leaves the European Union, the UK remains a full member of the EU and all the rights and obligations of EU membership remain in force. The outcome of our negotiations with the EU on the future partnership will determine what arrangements apply in relation to EU legislation in future.
[HCWS504]
(6 years, 5 months ago)
Commons ChamberThe Bill affects my constituency along with several others, and it is vital to the people living in the fens. Without the modern drainage that was brought in during the 18th century, they would not have homes, and we would not have nearly 200,000 acres of prime agricultural land. It is also important to the owners of pleasure craft. I thank my hon. Friend the Member for Solihull (Julian Knight), who chaired the Committee, and agree with what he just said, and I particularly thank my hon. Friend the Member for Torbay (Kevin Foster) for his indefatigable work as the Bill’s sponsor.
It is important that we have a charging regime that is simple, transparent and not too bureaucratic. Some of the amendments do make quite a lot of sense but, with great respect to my hon. Friend the Member for Christchurch (Sir Christopher Chope), I urge the House not to have anything to do with the new clauses, which would complicate the Bill and make it more bureaucratic. What we want is a simple Bill, with a charging system that really is fit for purpose. We want to build up a position of trust between the commissioners and the boat owners and users who will be paying the navigation fees.
On that basis, I very much hope that the Bill is not delayed a day longer than is necessary, because it is so important to my constituency.
Members will be pleased to know that I can be relatively brief.
The Government support the Bill, which is promoted by the Middle Level Commissioners, a statutory corporation constituted under the Middle Level Act 1862. We have had a good debate this evening and I commend the many probing amendments that my hon. Friend the Member for Christchurch (Sir Christopher Chope) tabled, but I believe that all the points he raised have been dealt with comprehensively, in particular by my hon. Friend the Member for Torbay (Kevin Foster), who has a deep grasp of all the detail of the Bill.
The legal framework that governs the commissioners’ navigation function is made up of a number of 18th and 19th century Acts, which are now considerably out of date and do not align with modern requirements or the statutory framework that is applicable to other navigation authorities. In particular, the current legal framework that governs the commissioners does not include adequate provision for the registration of vessels using the waterways or the levying of charges for the use of the waterways and associated facilities. As a result, the commissioners do not receive any income from the navigation of the waterways, which has meant that moneys raised through drainage rates and levies have had to be used to fund navigation rather than for flood defence purposes, which is contrary to Government policy.
The commissioners are therefore seeking to update and clarify their powers to enable them to properly regulate and fund their waterways. The powers that they are seeking are similar to those used by other large inland navigation authorities, for example the Canal and River Trust, the Environment Agency and the Broads Authority.
I very much support the Bill and hope that it will pass unamended this evening.
We have had a good humoured and thoughtful debate, and I am grateful to everybody who has participated. I am grateful to my hon. Friend the Member for North West Norfolk (Sir Henry Bellingham), who conceded that some of my amendments were sensible, if not the new clauses. I hope that if they are not accepted by the promoter tonight, they will be taken forward when the Bill is debated in the other place in due course, as it inevitably will be.
The issues we have discussed are of considerable concern to the petitioners. I am very grateful to my hon. Friend the Member for Solihull (Julian Knight) for having got to his feet. It is quite unusual in these debates for the person who has got down to the detail in Committee to come here to explain his reasoning and the work that he did. I thank him and the other members of the Committee once again for the work that they did and the courteous way in which they dealt with the concerns expressed by the petitioners. He has set a useful new precedent: instead of hiding their light under a bushel, the people who get involved in the Committee stage should participate on Report, as he has done.
I am also grateful to the hon. Member for Halifax (Holly Lynch) for showing sympathy with some of my amendments, although she cannot bring herself to support them yet.
I will not press all the amendments in the House tonight, because it will be much better for them to be dealt with in the other place, where the ideas can be developed and the responses from the petitioners and the promoter can be made available. However, I do think that amendment 14 bears further consideration. For the benefit of those who were not here for the debate, amendment 14 is in page 6, clause 4, line 11, at the end to add
“(8) No charge shall be payable in respect of the use of a waterway by a vessel being used by a person who is registered disabled”.
I only got one response on that from my hon. Friend the Member for Torbay (Kevin Foster), whom I thank for having gone through all my amendments seriatim, which is fantastic. He, like my hon. Friend the Member for Solihull, is assiduous in answering the points that have been made. It makes it much easier for someone summing up a debate if they know their points have been answered.
On the issue of disabled people, my hon. Friend the Member for Torbay seized on the fact that “registered disabled” is no longer a category of persons, but this amendment would apply to people who were registered disabled with the Middle Level Commissioners. Obviously, there is a registration system for people who have these boats and it would be able to include provisions as to whether or not someone is disabled, so the technical objection that my hon. Friend raised is not a valid one. If I had used a capital “R” and a capital “D” in my amendment, perhaps it might have been. I hope people will support the amendment on the basis that a lot of people are disabled and face considerable difficulties, and it would be reasonable for all other boaters to be prepared to cross-subsidise those who register with the commissioners as being disabled.