Farmland Bird Populations

George Eustice Excerpts

Wednesday 15th January 2014 Westminster Hall

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

I congratulate my right hon. Friend the Member for Uxbridge and South Ruislip (Sir John Randall) on securing this debate. He is passionate about bird life and has been a member of the Royal Society for the Protection of Birds for some 50 years, which shows real dedication. I grew up around wildlife on a farm. In Cornwall, we used to get a lot of lapwings, because they often overwintered there. Like him, I have a passion for birds and wildlife, and I want to see the common agricultural policy promoting them.

My right hon. Friend highlighted that the trend in recent decades has been bleak. The Department for Environment, Food and Rural Affairs measures how birds fare through the farmland bird index, which is published every year as part of its biodiversity indicator suite. The index looks at 19 widespread species that feed in open farmland during the breeding season, and includes species such as lapwing, grey partridge, greenfinch, wood pigeon, skylark, corn bunting and yellowhammers. The evidence shows that the main decline in the index was from the late 1970s to the early 1990s. While the decline has continued, it has slowed since then.

It should be noted that not all farmland bird species have followed the overall trend. While grey partridge, turtle dove, tree sparrow and corn bunting are among those declining, wood pigeon, jackdaw, goldfinch and stock dove have all shown substantial increases. The wood pigeon, for example, has benefited from the increased availability of food as a result of cropping patterns switching to more oilseed rape, as many farmers could tell us.

The causes for the overall decline are complex and varied, but it is clear that the sharpest rate in decline coincided with major changes in agricultural land management and intensification. First, the switch from spring to autumn sowing of many cereal crops led to a loss of overwinter stubble fields, which has had a major impact on food sources. Secondly, the increased use of agri-chemicals, particularly during the 1970s, played an important part as well. Thirdly, the loss of field margins and hedgerows meant that farmland birds lost not only valuable sources of seed and insect food, particularly over the winter, but suitable nesting habitat. Recently, other natural factors have had an impact, particularly the weather. Many species have been vulnerable to the recent wet summers and cold winters. There is also disease; we know, for example, that trichomonosis has affected the greenfinch.

For some ground-nesting species such as lapwing, and game birds such as grey partridge, we have to acknowledge that predation by foxes and other predators has been a factor. The impact of predation varies between species. For farmland songbirds, for instance, there is little evidence of an effect, perhaps because they often have more than one brood and will re-nest after predation, and are therefore better able to withstand its effects. There is some evidence that predation is likely to have a greater impact on bird populations where habitat is in poor condition, perhaps because it has been degraded through overgrazing; nests may be more exposed and suffer higher loss rates to predators.

Having outlined the causes of the decline and the nature of the problem, I want to say something about what we hope to do, and the possible solutions. Our agri-environment schemes are the principal means of improving habitat for farmland birds in England; they provide funds for farmers to manage the cropped environment and provide additional habitat and food on their farms for farmland birds and other wildlife. Agri-environment measures that benefit birds include providing overwintered stubble, so that there is seed in winter, and wild bird seed mixtures in spring and summer, and the sympathetic management of hedgerows. Today there are about 50,000 farmers in England in agri-environment schemes, representing about 70% of available farmland. As part of the rural development programme for England, we spend about £400 million a year on those schemes.

As I said earlier, although we have stemmed the rate of decline and have turned a corner with respect to some species, we need overall to ask why, having spent a great deal of money in recent years on such countryside stewardship schemes, we have not yet reversed the decline, as my hon. Friend the Member for Newbury (Richard Benyon), other hon. Members present, and I would want.

The first thing to consider is management options under the stewardship schemes. We would certainly have liked better uptake of management options beneficial to farmland birds. My right hon. Friend the Member for Uxbridge and South Ruislip highlighted the weaknesses of the entry-level stewardship scheme in particular. We have looked at ways of encouraging greater uptake of those management options to benefit farmland birds.

In 2013, as a result of the review, we introduced into the schemes specific measures that enable farmers to provide supplementary feeding for birds in winter, to begin to address what is known as the hungry gap between midwinter and early spring, when seed food is depleted and before other food sources become available. That simple measure involves providing seeds on the ground or in hoppers to supplement the seed in stubble and wild bird seed crops. Another new measure that we introduced in 2013 involved leaving the last cut ryegrass silage unharvested, to allow grass to set seed and provide a seed source over winter.

A study by Baker and others published in 2012 for the British Trust for Ornithology showed that there is strong evidence that the provision of winter food resources produces positive effects in relation to the population growth of a number of species. The study results underline the importance of getting farmers to choose those targeted measures that we have already introduced, to deliver the outcomes we need.

Natural England, which administers environmental stewardship, has worked with many conservation bodies to develop farmland bird packages, setting out minimum requirements for the options by which farmers can provide nesting habitat, invertebrate chick food and adult seed food. They have been targeted at areas in England known to hold important populations of farmland birds and have been promoted by Natural England and the RSPB.

[Julian Sturdy (York Outer) (Con)]

The Minister makes a strong argument for the way modern farming can live in harmony with wildlife, and for how environmental schemes can improve bird numbers. All those present for the debate will agree about that. However, he has not touched on habitat destruction through uncontrolled planning and flooding. Is he in conversations with any of his ministerial colleagues at the Department for Communities and Local Government about whether that aspect of the matter can be tightened up?

[George Eustice]

It is probably a topic for a separate debate, but my hon. Friend will know that we are considering approaches such as biodiversity offsetting; when planning permission is granted and a habitat is damaged, there would be a process enabling local authorities to put things right somewhere else. There is potential to get that moving and to try to help habitats damaged by development.

Natural England has worked with the RSPB and the Game and Wildlife Conservation Trust to try to improve the working of the ELS scheme. The Campaign for the Farmed Environment has also done a lot to promote good practice. It is a voluntary industry-led initiative, where key industry partners work with environmental groups to encourage farmers to undertake voluntary environmental management. It is funded jointly by the industry and DEFRA, which has committed about £700,000 for this year and next to support its activities. Currently the campaign is promoting skylark and lapwing plots, wild bird seed mix strips, unsprayed overwinter stubbles and winter feeding.

My right hon. Friend the Member for Uxbridge and South Ruislip mentioned the common agricultural policy. As he said, we have gone to a 12% modulation rate. We have also taken the decision to increase the percentage of the pillar two budget spent on agri-environment schemes from 83% to 87%, so increasing the total amount being spent. Between now and 2020 we shall spend well over £3 billion on agri-environment schemes, and I confirm that we intend to review the position in 2016, with a view to moving to a full 15% modulation, subject to sufficient demand for the schemes and to concluding an analysis of the competitiveness of British agriculture.

My right hon. Friend highlighted some of the shortcomings of the ELS, and as he said, we plan for a new environmental land management scheme to replace it. The new scheme will build on the acknowledged successes of the environmental stewardship scheme in a positive way: it will be more targeted and focused. The new proposed mid-tier will identify areas of particular priorities for given objectives and incentivise the right options; we call that the directed option choice.

Biodiversity is among the things that I want to promote as we design NELMS. I want to make sure we have those directed options, so that there must be certain options, from a particular list, that will prioritise the recovery of farmland birds. I want us to look at that closely as we develop the approach. The directed option choice will enable us to encourage farmers to maximise the environmental outcomes on their land, in response to the agreed environmental priorities in their area, rather than simply seeking the lowest-cost or most convenient options. In addition, we shall adopt a landscape-scale approach to establishing NELMS. I hope that that will result in some critical mass and wildlife corridors, and a concentrated improvement in habitats to sustain the recovery of certain bird species.

Like my hon. Friend the Member for Newbury and my right hon. Friend the Member for Uxbridge and South Ruislip, I want to reverse the decline in bird populations, and I do not believe that that is incompatible with continued farming. Many of the measures that can help farmland birds are entirely compatible with modern farming practices. I recently had a meeting with the RSPB, and we discussed some of the good work that they are doing at Hope farm in Cambridgeshire. I hope to visit in the spring; this very morning, my office has been trying to find a date for that.

The number of farmland birds at Hope farm has doubled since 2000, mainly because of land management undertaken through environmental stewardship. A particular success has been the fourfold increase in skylark numbers, which has been achieved simply through skylark plots. The RSPB representatives described to me how during the drilling of a cereal crop the drill is shut off periodically to produce the skylark plots. That is a simple management measure, which does not really affect the profitability of the farm, but has a huge effect on the skylark population. I look forward to my meeting with the RSPB and learning more about that.

I congratulate my right hon. Friend again on obtaining the debate, and reassure him that we shall prioritise biodiversity as we design the new environmental land management scheme.

Oral Answers to Questions

George Eustice Excerpts

Thursday 9th January 2014 Commons Chamber

[Nigel Mills (Amber Valley) (Con)]

2. What assessment he has made of the scope for cutting red tape in the farming industry.

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

We are committed to freeing farmers from red tape to help them to seize economic opportunities. We are reducing paperwork burdens and making guidance clearer and simpler. Farmers who play by the rules now receive fewer inspections. For example, 740 members of the Environment Agency’s pig and poultry scheme are inspected once every three years, rather than annually. I expect to make an announcement shortly on further opportunities for cutting red tape as a result of the agriculture red tape challenge.

[Nigel Mills]

I thank the Minister for that answer, but for many farmers in my constituency overly complex livestock identification and movement controls remain a burden on their businesses. What plans does the Minister have to simplify this regime?

[George Eustice]

My hon. Friend makes a good point. Considerable progress has already been made on livestock identification and the complex rules governing animal movements. We introduced electronic reporting for pigs in 2011, and we will do the same for sheep from the spring. We have negotiated changes to the EU sheep tagging rules for the historic flock, generating savings of up to £11 million for sheep farmers. We will also implement the recommendations made by the farming regulation taskforce to simplify how we define livestock holdings in England to avoid confusion around the rules, and we will phase out cattle tracing links and sole occupancy authorities to further streamline the regime.

[Mr David Hanson (Delyn) (Lab)]

Will the Minister confirm that one matter that is not red tape is the establishment of a food crime unit? Will he indicate when he intends to do that and how he will discuss the matter with the devolved Administrations, particularly that in Wales?

[George Eustice]

The right hon. Gentleman is referring to the interim report by Professor Elliott. We will look at all his recommendations and respond to the final report when it is published later this year.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Farmers in Cumbria and elsewhere have their hands tied by excessive restrictions, such as the six-day movement rule. Given that the Government agreed in full to the recommendations of the Macdonald report two years ago, when will farmers in this country see them put into practice?

[George Eustice]

It is difficult to remove the six-day movement rule because it was a key measure that was brought in to combat the spread of diseases such as foot and mouth. We are clear that we want to get rid of unnecessary regulation, but we do not want to do anything that would compromise animal health or safety. I am willing to talk to the hon. Gentleman about this particular point. It has been raised with me by farmers. However, it is not a simple matter because we do not want to jeopardise animal health.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Wholly disproportionate financial penalties for minor and often unavoidable regulatory infringements, such as lost ear tags, have been a characteristic of the common agricultural policy in recent years. What guarantee can the Minister give that the new regime will distinguish between wilful disregard of the rules and the unintentional and inconsequential infringements that are currently being penalised?

[George Eustice]

These issues are a devolved matter. We are looking at the rules in England. The hon. Lady is right, although the EU regulations do emphasise the need for proportionality in the application of sanctions. The regulations are being reviewed. We are making the case to the European Commission that there should be changes to the rules from the beginning of 2015 so that the sanctions are more proportionate. The negotiations are ongoing.

[Bill Esterson (Sefton Central) (Lab)]

3. What recent assessment he has made of the sufficiency of flood defences; and if he will make a statement.

--- Later in debate ---

[Mr Jim Cunningham (Coventry South) (Lab)]

8. What assessment he has made of how easy it is to access and use food banks.

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

No such assessment has been made. I welcome the work of charities providing access to nutritious meals to those who may otherwise struggle. Food aid providers are local organisations responding to specific community needs. It is not the Government’s role to tell these organisations how best to run the service they provide.

[Mr Cunningham]

The Minister will be aware that care professionals issue food bank vouchers to those they identify as being in crisis, but I am concerned that many people are not accessing food banks, either because they cannot contact care professionals because of mobility or disability issues or because they are not aware that they are eligible. Will he take steps to ensure that people are made aware of food bank services and are encouraged to use them if they are in food poverty?

[George Eustice]

Different food banks take different approaches. Some give one-off support for an immediate crisis, and many have people coming through only once or twice in six months, while others enable people to self-refer if they have not been referred by social services or other agencies. There is a range of different approaches, therefore, and the Government would be reluctant to start interfering with these charities and telling them how to run their services. They are on the ground and developing policies to deal with these problems.

[Kevin Brennan (Cardiff West) (Lab)]

What discussions has the Minister’s Department had with the Department for Work and Pensions about the latter’s decision to remove from forms the tick-box indicating that people might be going to food banks because of benefits changes? Should we not know why people are going to food banks and should his Department not be saying so to the DWP?

[George Eustice]

On delays to benefits payments, the DWP’s performance has improved: 90% of payments are now made within the time scale set out. Benefits matters are for the DWP. My Department deals with food, and I am happy to talk about food prices and food inflation, but I will not interfere in benefits policy.

[Robert Neill (Bromley and Chislehurst) (Con)]

9. Whether his Department has any plans to strengthen the enforcement provisions of the 2010 environmental permitting regulations.

--- Later in debate ---

[Julian Sturdy (York Outer) (Con)]

T2. Following the new year celebrations, farmers in my constituency have voiced their concerns about the dangers of Chinese lanterns not only to the welfare of their livestock, but to property and, ultimately, their livelihoods. Following bans in Germany, Spain, Australia and much of south America, is it not time to consider banning these flying death-traps?

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

We share some of the public’s concerns about the potential risks posed by sky lanterns. However, we commissioned an independent study, which was published in May last year, and it concluded that the overall impact of sky lanterns on animal welfare was quite low. We are therefore focusing our efforts on ensuring that people are aware of the risks and trying to improve voluntary action to deal with the problem.

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

T3. I am sure Ministers will agree that we need to be vigilant against rabies. There has been a huge increase in the number of illegal puppies smuggled into the UK, many from eastern Europe. Will the Minister commit to re-evaluating the procedures for protections against rabies entering the UK?

[George Eustice]

An increase in the number of illegal imports of puppies has been reported, but the trading standards authorities are monitoring the position carefully, and intercepted the illegal movement of a number of puppies last year. We consider the pet passport scheme to be proportionate to the risk, but we also monitor the position carefully and work closely with agencies in other European countries.

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

T4. Flooding has continued in my constituency, as it has in many other constituencies throughout the country. Seaton sea defences have held, but will the Secretary of State carry on devolving powers and money to parish councils and local land and property owners so that they can clear culverts and ditches when they become blocked? Will he also ensure that silt from rivers can be spread on fields as a fertiliser rather than a waste?

--- Later in debate ---

[Caroline Lucas (Brighton, Pavilion) (Green)]

The remit of the independent expert panel was originally restricted to the planned six-week badger cull period and my understanding is that that remit was not extended when the badger culls were themselves extended. Can the Secretary of State reassure the House today that the independent expert panel’s scope and report will cover the whole of the culling period and not just the first six weeks, because it is really important that his decisions are informed by wider experience of the whole cull?

[George Eustice]

The independent expert panel will cover the initial cull period, not the extensions.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

The consultation on abstraction reform has just started. Can my hon. Friend assure me that there will be consultation events, particularly in areas where there is water stress, like Suffolk Coastal?

Single Payment Scheme

George Eustice Excerpts

Thursday 9th January 2014 Written Statements

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

I announced the Rural Payments Agency’s performance in making single payment scheme (SPS) payments on 4 December 2013, Official Report, column 52WS.

The agency’s commitment in its business plan 2013-14, was to pay 86% of payments by value and 93% of customers by number by 31 December 2013.

The first target was exceeded on the first banking day—2 December—when 89.3% of the estimated fund value was paid out. The second target was achieved within the first week of December, three weeks ahead of schedule.

By 31 December, 99,200 customers—95.9% of those eligible for a SPS payment—had received a share of £1.581 billion or 95% of the total estimated fund value.

In a critical and challenging period, the RPA continues to build on the huge progress made over recent years to support farmers and food producers and boost rural economies.

Fishing Industry

George Eustice Excerpts

Thursday 12th December 2013 Commons Chamber

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

I commend the hon. Member for Aberdeen North (Mr Doran) and others for bringing this issue to the House and the Backbench Business Committee for supporting it. It has been a very detailed first fisheries debate for me, and it has provided a welcome opportunity to cover a range of important matters.

As the hon. Gentleman said, it is important that we take this opportunity to remember the four fishermen who have lost their lives in this past year in their line of work at sea and in the harbour. This is a stark reminder that fishing remains the most dangerous occupation in this country, as numerous Members have mentioned, including my hon. Friend the Member for St Ives (Andrew George) and the hon. Member for Tynemouth (Mr Campbell). I was particularly struck by what my hon. Friend the Member for Totnes (Dr Wollaston) said about Andrew Westaway in her constituency. We must remember the courage and sacrifice of individual fishermen, who put their lives in danger to bring food to our tables, and of their families who support them. I remind people of the plug given to the Fishwives Choir by my hon. Friend the Member for South East Cornwall (Sheryll Murray). I know that the House will want to join me in remembering the bravery of our fishermen and the incredibly difficult and dangerous work that they do, and in sending our sincere condolences to all those families and friends who have suffered losses.

Many important points have been raised, and I want to pick up as many of them as I can. First, I want to put on record the sheer importance of this industry to the UK. We have more than 6,400 vessels and nearly 12,500 fishermen, and we produce 627,000 tonnes of fish per year with a value of £770 million. This industry is incredibly important to the UK.

The single biggest development this year has been what I regard as a quite radical reform of the common fisheries policy. I congratulate my predecessor, my hon. Friend the Member for Newbury (Richard Benyon), on his tireless efforts on this front, especially on managing to reform the broken common fisheries policy—a measure that was voted through and agreed by the European Parliament on Tuesday. The reformed CFP, which includes three major UK priorities, has three key elements: first, an end to the wasteful practice of discarding; secondly, an end to the one-size-fits-all approach, with regional decision making; and finally, a commitment to fish at sustainable levels. I want to say a little about each of those important areas in turn.

On discarding, it has been an absolute scandal that we have had these regulatory discards whereby perfectly healthy fish are thrown, usually once dead, back into the sea. A number of Members have raised concerns about the discard ban, but it is important to recognise that to make it work there will be new flexibilities in the quota system. There will be inter-year flexibility so that quota for a species can be moved from one year to the next, and there will be some limited interspecies flexibility so that if a fisherman finds he is catching far more haddock than he expected, he can offset some of that haddock against his cod quota. We also recognise that there is much we can do with improved net gear. Big progress has already been made on this, and organisations such as the Centre for Environment, Fisheries and Aquaculture Science have done a lot of work on it, but there is certainly further to go.

I have always thought that regional decision making is important, because I am of the view that a small number of member states with a shared interest in a fishery and in seeing it fished sustainably are much more likely to come up with coherent management measures than any haggling among a group of 28 countries. The move to regional co-operation is, therefore, very important. It will make it easier to get agreement and we will end up with more coherent policy making.

A number of Members have raised concerns about how that will work. The fact is that, technically, it will remain a European Union competence. We have seen it work. When I attended the Fisheries Council in October, a similar process took place for the Baltic sea whereby those countries with a direct interest in that water came up with an agreement; they got there in the end. I think that that combination—of individual member states deciding management measures among themselves and the Commission standing behind that process and providing the ultimate check to make sure that they are fishing sustainably—works.

The third point—this is really important, as the former Minister, my hon. Friend the Member for Newbury, made clear—is about the legally binding commitment to fish sustainably. This is the essential bit that makes everything else stand up. All these things together represent a radical change in the CFP. This means that we have flexibility to ensure that a discard ban works, a legally binding commitment to fish sustainably, and more local decision making. We have further to go and I am looking forward to the next one to two years, when we can really work on making sure that we implement the measures properly. This has been a very important step forward.

[Miss McIntosh]

What reassurance is the Minister able to give the House that the Commission accepts that this will now be—dare we say it—a shared competence?

[George Eustice]

It is important to recognise that the setting of the total allowable catch will remain a European competence, but the management measures will be decided by the member states. On the signing of those management measures, the Commission’s role will be to ensure that we are fishing sustainably. There is an issue—my hon. Friend highlighted this—that, legally, a competence can reside either directly with the Commission or directly with member states. A hybrid system is difficult, but I think our agreement enables us to do that. The Commission can use mechanisms to make agreements between member states legally binding.

[Andrew George]

Will the Minister give way?

[George Eustice]

I want to press on; otherwise we are going to get a bit tight on time and I want to deal with as many of the points that have been raised as possible.

The UK has been leading the way in Europe in trialling schemes that tackle discards through managing fisheries by what is caught, not what is landed. Catch quota schemes have been very effective in reducing discards, and following the success of those schemes I want to continue to help vessels with the transition to the landings obligation under the reformed CFP.

With the aims of the reformed CFP in mind, we will enter the negotiations at the December Council next week, where fishing opportunities will be decided. As my hon. Friend the Member for Thirsk and Malton (Miss McIntosh) highlighted, it tends to end up being a late night. In fact, when anybody who has experience of the December Council describes it to me, they do so with a bit of a grin. I am not quite sure what to expect, but I will get some sleep over the weekend.

We aim to negotiate a fair and balanced package of fishing opportunities consistent with our high-level objectives, which are, first, following the best available scientific evidence; secondly, achieving maximum sustainable yield; and thirdly, minimising discards. A range of issues will be UK priorities in the negotiations.

[Mr MacNeil]

Will the Minister give way?

[George Eustice]

I am going to press on. The hon. Gentleman has intervened quite a lot and, given the steer given by Madam Deputy Speaker, I am conscious of the time.

Our priorities will affect fishermen throughout the UK. They include—a number of Members have mentioned this—seeking a continuation of the freeze in the number of days at sea available for fishermen in the North sea, the Irish sea and west of Scotland, which was agreed last year. We also want to see a moderate increase in the North sea cod TAC, recognising the very welcome recovery of this important stock. We will also argue for an expansion of our catch quota schemes and for outcomes on monkfish, Celtic sea haddock and nephrops in the Irish sea.

I met the hon. Member for Strangford (Jim Shannon) last week and he has made a very strong case for nephrops, as has the hon. Member for Banff and Buchan (Dr Whiteford). I recognise that, because of the cold, late spring, it has been a very bad year for nephrops. The science is challenging and recommends a 24% reduction in the TAC. As a number of Members have pointed out, there has been a tradition in past years for the quota not to be fully fished, which I think gives us some scope to argue that we should not have that proposed reduction. We will do our absolute best for the fishermen in Northern Ireland and Scotland.

As my hon. Friend the Member for Totnes has said, a challenging recommendation has been made to cut the TAC for Celtic sea haddock by 75%. We will argue that, because the TAC reduction for other species in that mixed fishery, such as whiting, are not being reduced by anything like as much, we will need to moderate that proposed reduction; otherwise, discards will be increased, because they are in a mixed fishery. We believe there is some linkage and that needs to be recognised in the negotiations.

[Mr MacNeil]

I am grateful to the hon. Gentleman for giving way. No real answer has been given on the issue of spurdog discards; fishermen need guidance on what is expected. Another point is that we should recognise the importance of our foreign crew, particularly in my constituency where men come from the Philippines. They are welcomed and wanted. Will the Minister use his office to do what he can with the immigration department to make sure we can get such men in? They are a proud people.

[George Eustice]

On spurdogs and porbeagles, we recognise that there is a particular challenge whereby there is a zero TAC or a very low TAC. One thing we will argue is that that needs to be loosened. On landings obligations, we cannot have a situation whereby, as the hon. Member for Banff and Buchan said, short of eating the catch on the boat, it would not be possible to do much with it. We believe that that needs to be looked at and we will do so.

A number of Members mentioned the mackerel dispute. I am concerned about the continued lack of an agreement on the management of the north-east Atlantic mackerel stock. It is the UK’s most important single fishery. I continue to hope that we might be able to get an agreement to end this long-running dispute, but we have been clear—I set this out at the October Council—that it will not be a deal at any cost. We do not want new fishing access rights in our waters and we believe that Norway should do its share. Negotiations are ongoing and we hope there will be an outcome. With a 70% increase in the TAC, it is important that this is the best opportunity we will have to get a solution.

My hon. Friend the Member for Waveney (Peter Aldous) mentioned the issue of the under-10 metre fleet. I can confirm that this is an important domestic priority for the Government. I have met members of the under-10 metre fleet, as well as the producer organisations, and we are keen to see a permanent realignment of the quota to help the fleet. I also recognise the uncertainty they face with month-to-month access to quota. There have been some novel schemes whereby they have been able to pull together their resources in, for instance, Ramsgate and have quota allocated over a longer time frame. We are keen to make progress on that.

The hon. Member for Brent North (Barry Gardiner) mentioned monitoring under the marine strategy framework directive whereby we can get good environmental status. I can confirm that we will announce a consultation on that in the new year.

Finally, I will trot through some of the other points that have been raised. The hon. Member for Aberdeen North mentioned the importance of an EU-Norway deal. We absolutely recognise that, particularly the importance of access rights to Norwegian waters for much of the Scottish fleet. This sort of delay is not unusual—it happened last year and it has also happened in previous years—but we will press for the negotiations to begin early in the new year. Of course, there will be a provisional quota allocation to take account of the fact that there is no agreed TAC.

On the survivability element of the landing obligation, I have talked quite a bit about how the landing obligation will work. There will be exemptions for species that have good survivability rates. As my hon. Friend the Member for St Ives said, it is important that we are able to return those fish that have a good survival rate.

My hon. Friends the Members for Thirsk and Malton and for Waveney spoke about the importance of trying to identify new markets for less fashionable fish. I agree that more can be done on that. In my constituency, a firm called Falfish markets pouting to the French, so there are sometimes export markets for some fish species.

My hon. Friend the Member for St Ives mentioned points made by the Cornish Fish Producers Organisation. I confirm that I met Paul Trebilcock just this week, as well as representatives of the NFFO. My hon. Friend makes a good point about the Neptune project, and the way in which we can get better co-operation between science and fishermen.

My hon. Friend mentioned the minimum landing size for bass. We remain committed to trying to develop that point at European level. One problem at the moment is that most of the bass is taken by the French fleet, so our having a minimum landing size unilaterally would not necessarily help very much. However, that is one measure for which we shall push at European level. We have also called for the closure of some spawning grounds to allow the stock to recover because, as he said, ICES has highlighted a particular problem on that front.

The hon. Member for Banff and Buchan mentioned the EFF. I look forward to discussions with Scotland and devolved Assemblies elsewhere about the allocation of such funds. Scotland is still getting slightly more than England at the moment, so the situation is not all bad, but we will look at that. To answer the point made by my hon. Friend the Member for Totnes, we shall indeed roll over the EFF for another year during 2014.

My hon. Friend the Member for South East Cornwall highlighted an issue that she has raised many times about the nought to 12-mile zone. It has always been a key priority for the UK to retain such a derogation during reform of the CFP, and that has been achieved. It is, however, important to recognise that the UK also benefits from historical access rights in the six to 12-nautical mile zone in Ireland, Germany, France and the Netherlands. We have to be careful about changing the approach too much, because we sometimes benefit from fishing in the waters of other countries.

My hon. Friend’s more ambitious point about the 200-mile zone, which was also raised by the hon. Member for Luton North, is beyond the scope of what we are now talking about. She may want to submit it to the balance of competences review.

[Barry Gardiner]

Will the Minister address the point about deep-sea trawling, and the measures he will take?

[George Eustice]

I hope that the hon. Gentleman will forgive me. I was not avoiding the subject. On deep-sea trawling, we took the view that the European Parliament’s proposal of an outright ban was quite blunt. We recognise that there are issues, and we want to consider changing management measures and a different approach, but we do not believe that an outright ban on deep-sea trawling is the right way to proceed. Contrary to what he has said, the fact that a motion for that has been defeated opens the door to sensible negotiations on the type of management measures we want to see, and we will certainly press for that.

[Peter Aldous]

A number of hon. Members asked for an update on when the register of quota allocations and transactions will be published.

[George Eustice]

I hope that my hon. Friend will forgive me. I can tell him that that will be next week. Several hon. Members asked that question, and the register will be published, which is proof that DEFRA is capable of multitasking and undertaking complex negotiations, as well as publishing the fixed quota allocation register.

If we are to achieve our goals, there is a lot of hard work ahead and we face some difficult challenges next week. I will do my utmost for all hon. Members who have raised concerns about aspects of the negotiations when I get to Brussels next week.

Badger Cull

George Eustice Excerpts

Wednesday 11th December 2013 Westminster Hall

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

I congratulate the hon. Member for Derby North (Chris Williamson) on securing what has been a lively debate. I welcome the opportunity to outline to hon. Members the Government’s strategy to eradicate bovine tuberculosis and the role that a targeted badger cull can play in that strategy. As my hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown) set out, we should first recognise the huge impact that the disease is having on the farming industry. Our farming communities continue to suffer as a result of the spread of bovine TB. In the 10 years to 31 December 2012, more than 305,000 cattle were compulsorily slaughtered as a result of the disease. Statistics published only today show that a further 24,600 cattle were slaughtered up until the end of September, solely as a result of bovine TB. Over the past 10 years, the disease has cost the Government more than £500 million, and it is estimated that it will cost taxpayers another £1 billion in the next decade if we do nothing.

Let me start by saying that no one, least of all me, wants to kill badgers. I recognise the sentiment that many people feel towards the animals. As my right hon. Friend the Member for Uxbridge and South Ruislip (Sir John Randall) said, that feeling is shared by many people in the country, and we recognise and understand that. If there were an easy way to tackle bovine TB, we would have done it. There are no easy answers when it comes to reversing the spread of bovine TB, and there is no example in the world of a country that has successfully tackled TB without also dealing with the reservoir of the disease in the wildlife population. In Australia, a national eradication programme spanning almost three decades enabled the achievement in 1997 of official freedom from bovine TB and an infection rate of less than 0.2%. The comprehensive package of measures included a cull of feral water buffalo. The comprehensive and successful package of measures to eradicate the disease in New Zealand focused on the primary wildlife reservoir of brushtail possums. As a result of those efforts, New Zealand is on the verge of achieving bovine TB-free status. Closer to home, the Irish Republic has also had a comprehensive eradication programme, which included the targeted culling of badgers in areas where the disease is attributed to wildlife. Since 2000, there has been a 45% reduction in TB breakdowns.

[Angela Smith]

Will the Minister give way?

[George Eustice]

I will make some headway.

A number of European countries that have a known problem with TB in wildlife are tackling that reservoir of disease. Badger culling is undertaken in Switzerland and France, and deer and wild boar are culled in the Baltic countries, Germany, Poland and Spain. International experience clearly shows that one part of a coherent strategy to tackle the disease must include tackling it in the wildlife population.

[Angela Smith]

The Minister makes the case with international comparisons, but he must acknowledge that the structure of badger populations in Britain is different from that in southern Ireland and across Europe, which makes the case for culling in Britain unsustainable.

[George Eustice]

I do not accept that, because the randomised badger culling trial, cited by many hon. Members today, showed that culling contributed to a significant reduction in disease in the areas where it ran. It also showed that, even in those areas that had a slow start, where less than 40% of the badgers were culled in year one, there was still a significant reduction in the incidence of the disease provided the cull was sustained in subsequent years.

The Government have developed an ambitious and comprehensive plan for containing the spread of the disease through our 25-year strategy. It has several components, but at its heart is a recognition of a simple and unavoidable fact: there is no magic solution and no one measure will eradicate the disease on its own. TB is an incredibly difficult disease to fight and we need a range of different measure to tackle it.

Some, such as the hon. Member for Brighton, Pavilion (Caroline Lucas), have suggested that vaccination is an easy answer. I wish it were that simple, but it is not. Members will remember that last year, there were concerns about the Schmallenberg virus, a disease that affects sheep. It was relatively straightforward to develop a vaccine that was virtually 100% effective, and the disease is now fully under control. TB is not a simple virus. It is a complex bacterial disease. The bacteria reside inside the cell walls of the host, which makes it incredibly difficult to develop an effective vaccine. As a result, the current BCG vaccine provides only limited protection in about 60% of cases, and even then, the level of protection given is variable. Notwithstanding those difficulties and limitations, we are nevertheless investing large amounts of money in developing methods of deploying vaccine to both badgers and cattle, because, although vaccination is not a solution on its own, it could have a role in creating buffer zones or containing the spread of the disease.

Since 1994, more than £43 million has been spent on developing the cattle vaccine and the oral badger vaccine. We have committed to investing a further £15.5 million in vaccine deployment over the spending review period.

[David Morris]

I pay tribute to the Minister for the work I know he has been doing on this subject. Farmers know where the badgers are. Does he agree that if we could roll out the vaccine programme to the farming community, it would help all concerned and stop anguish in all parts of our communities?

[George Eustice]

We have a badger vaccine deployment fund of approximately £250,000 a year. Uptake has been slightly disappointing so far. We must also recognise that vaccination does not provide protection to all badgers, even once they are vaccinated. In Northern Ireland, a trial has been discussed, described as, “Test, Vaccinate and Remove”, meaning that the badgers are first trapped, then tested, and the ones that are not infected are vaccinated and released and the ones that are infected are culled. That test is only 50% effective, so for every infected badger that is culled, another is pointlessly vaccinated and released back into the wild to spread the disease further.

[Bill Wiggin]

My constituents are deeply concerned about the issue, as everyone knows. We have to explain to farmers why someone is taking away the cattle, but doing nothing about the badgers at the end of the field. What progress is the Minister making on a DIVA test?

[George Eustice]

We are working on a DIVA test, but, as hon. Members pointed out, it will probably take eight to 10 years to get a licensed vaccine for cattle.

We are constantly refining cattle movement controls, which a number of Members have mentioned. In 2012, we introduced tough new controls on cattle movements and TB testing. In January this year, we significantly expanded the area of the country that is subject to annual testing and further tightened cattle movement controls, including the conditions that need to be met before TB breakdown herds can restock. Last month, we launched the risk-based trading scheme to encourage farmers to share details of the bovine-TB disease history of the cattle they sell, and to encourage buyers to act on that information. Less than two weeks ago, we went further.

[Mr Mike Weir (in the Chair)]

Order. We have run out of time.

Single Payment Scheme

George Eustice Excerpts

Wednesday 4th December 2013 Written Statements

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

The window for payments to farmers in England under the EU CAP single payment scheme (SPS) for 2013 opened on 1 December 2013.

On 2 December 2013, the first banking day of the payment window, the Rural Payments Agency paid over £1.48 billion to 95,600 farmers, more than ever before on the first banking day of the payment window. This equates to 89.3% of the estimated fund value and 92.3% of customers. This represents the highest number of customers receiving their payments from the Rural Payments Agency on this day, which continues to build on the agency’s best ever performance last year. This is excellent news for English farmers and for the wider rural economy.

The agency will shortly contact all of those farmers who are unlikely to receive their payments in December to explain what further work is necessary to validate their claims and to set out an estimated timetable for payment.

The agency is working to a commitment, set out in its business plan for 2013-14, to pay 86% of payments by value and 93% of customers by number by 31 December 2013 and 97% of payments by value and 97% of customers by the 31st March 2014.

The payments made on the first banking day equate to 89.3% of the estimated fund value, meaning the agency has already exceeded its end of December target of 86%, paying £100 million more on the first day this year than it did last year. I will keep the House updated on its progress against delivery to customers.

CAP Budget

George Eustice Excerpts

Tuesday 26th November 2013 Westminster Hall

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

I thank the hon. Member for Banff and Buchan (Dr Whiteford) for securing the debate, which is important to all parts of the UK, but particularly her constituents in Scotland, because as she says, she has a very rural constituency.

As hon. Members are aware, the Government have recently announced the allocation of €27.6 billion in funding from the common agricultural policy between England, Wales, Scotland and Northern Ireland for the period 2014 to 2020. The vast majority of those funds will come to the UK as direct payments under pillar one of the CAP. In total, between 2014 and 2020, the UK will receive €25.1 billion in the form of direct payments and €2.6 billion in funding for our rural development programmes under pillar two. Although these are significant sums, the UK will receive less CAP funding in the next seven-year EU budget than it did from the current EU budget. The fact that the UK will receive less funding from the CAP in the future is in line with the reduction in the EU budget that the Prime Minister secured at the February European Council. That position was overwhelmingly supported earlier this year by the House of Commons and will be to the benefit of all UK taxpayers.

[Mr Mike Weir (Angus) (SNP)]

The Minister says that there is a reduction in overall funding, but he does not address the fact that the convergence uplift was specifically due to the difference between Scotland and other parts of the EU. The money was given in the budget for a specific purpose. Should it not be used for that purpose?

[George Eustice]

I thank the hon. Gentleman for that intervention, but I am one minute and 50 seconds into my speech and I have another 12 or so minutes in which I might get to those issues.

Across the EU, most member states will see reductions in their CAP budget and receipts, and it is only appropriate that the UK shoulders its share of the cut. It is worth noting that we have done better than many other member states. With a shrinking pot of money, how we allocate the funds between Wales, England, Scotland and Northern Ireland was always going to be a difficult decision for the Government. In reaching that decision however, the Government consulted extensively with the devolved Administrations. We have had to be fair to all parts of the UK; I shall explain why I think we have been. Through a collaborative process, the Government decided on the most appropriate way to allocate the funds. There was an equal and proportionate reduction in funding to each Administration. That is fair.

[Mr Reid]

The Minister says that the Government’s approach was an equal percentage reduction throughout the UK. The point was made in the debate that the uplift came to the UK due to Scotland, so surely the money should have gone to Scotland?

[George Eustice]

I was going to move on to the uplift, which is the main topic of the debate. I have heard the views of hon. Members who say that the additional funds should have been made available to Scotland, but quite simply the UK’s direct payments will fall over the next seven years and there are no additional funds to allocate. Compared with 2013, the UK will receive around €500 million less in direct payments over 2014 to 2020. It is important to note that the convergence uplift does not mean that there is an additional pot of money to allocate. It simply slows the rate at which we have to make reductions for everyone across the UK. To give more funding to Scotland—or any one region, for that matter—would have required deeper cuts to the other parts of the UK.

[Mr Weir]

Will the Minister give way?

[George Eustice]

I want to make progress; I will get to the point that I think the hon. Gentleman will address in a moment.

The point has also been made that Scotland has the lowest per-hectare payment in the UK and that, by virtue of that, Scotland should have received additional funding. There are a number of points to make about that argument. First, the so-called convergence uplift was calculated based on a UK average payment. Secondly, the lower per-hectare payment in Scotland is due to Scotland’s extensive moorland, which has yielded lower levels of production and, therefore, has historically attracted lower subsidy payments than other parts of the UK. Thirdly, it is important to note that Scotland still makes payments based on historic subsidies received by farm holdings in 2001, which means that those areas of land that had been most actively farmed, and generally still are most actively farmed, receive more money than the unfarmed moorlands.

Scotland’s low per-hectare payment also needs to be viewed alongside the fact that Scotland has the highest average per-farm payment in the UK, at about £26,000, compared with just £17,000 in England, £16,000 in Wales and £7,000 in Northern Ireland. I know that the hon. Member for Banff and Buchan said that she has no respect for that argument, but it is legitimate. Scotland has bigger farms, and the land there has historically been less intensively farmed. I think that the public will realise that if Scottish farmers are getting payments of almost £26,000 a year, they are getting far higher payments than the UK average, which is currently only about £16,000.

[Dr Whiteford]

It all depends how one cuts the figures. In fact, the majority of Scottish farmers—50% of them—receive CAP payments of less than £10,000. Obviously farming is more extensive in upland areas of Scotland, which can skew the figures, but it is important to understand the median average payment, rather than the mean average payment. Either way, it is irrelevant to the convergence uplift.

[George Eustice]

I do not think it is irrelevant. As I said, the reason why Scotland has historically had a lower allocation is that there is much more moorland, which is not farmed as intensively. One can make the argument that there are differences within that and that some small farmers get less than £10,000, but that is also the case in Northern Ireland, England and Wales. The principles are set, but Scotland’s average farm payment is among the highest in the EU. In fact, only in the Czech Republic, where there are still huge collective farms, is the average payment received per farm higher than in Scotland.

Finally, it is important to note that there have always been wide variances in the per-hectare rate paid, both between member states and within member states. Countries such as Latvia and Estonia receive less per hectare than Scotland. I should also point out that the Government’s approach in allocating the cut equally across the UK’s Administrations is consistent with the approach that we adopted earlier this year when allocating the UK’s structural funds. Of those, Scotland received €795 million, which represented an increase of €228 million compared with the amount it would have received if the EU’s formula had been used, so Scotland received an uplift of sorts when it came to the allocation of structural funds, because the UK was willing to depart from the EU formula and adopt the approach that we have taken historically. We must accept that if we are to be consistent and take the historical approach, Scotland might lose in some areas, but it might also win in others. It has undoubtedly won from our adoption of the historical approach to structural funds.

In announcing the allocation of CAP across the UK, the Government have also committed to undertake a review of the allocation of CAP funding in 2016, at the same time that the European Commission will be undertaking a review of the 2014 to 2020 EU budget. The president of the National Farmers Union Scotland, Nigel Miller, has made a strong case for us to do the review early, and I am keen to meet him to discuss some of his concerns.

Let me say to hon. Members who have raised points that I speak regularly—almost weekly—with the devolved Assembly. One thing about the farming and fishing ministerial brief is that we deal extensively with all our colleagues in the devolved Administrations. The next time I visit Scotland or other devolved Administrations, I am more than happy to discuss the issue with politicians there. I am a great believer that we in the UK are stronger working together. DEFRA has a good track record of engaging closely with our partners in the devolved Administrations.

[Mr Reid]

I am pleased that the review will take place in 2016, but my understanding is that the Government have given no commitment to implement its outcome quickly. Will the Minister leave open the option to implement the review’s outcome in 2017, rather than waiting until 2020?

[George Eustice]

A number of other things must happen at about the same time as the review, not least, particularly in Scotland’s case, moving from the current approach, which is based on historical payments in reference to 2001, to an area-based approach. Scotland will have to think about that carefully in order to get it right. One would not necessarily want a single, flat rate for all land areas; there will be a difference between lowland rates and moorland or upland rates.

It will be a big exercise for Scotland to get the rates right for different types of landscape. Only after we have seen how the transition from historical payments to land area-based payments will work can we make decisions about it. There may also be legal issues about whether things can be changed before the next financial perspective, post 2020.

I know that Nigel Miller, the president of the NFUS, has made a strong case and wants us to consider the issue. The Secretary of State has already discussed it with him, and I am keen to discuss it with the NFUS when I go to Scotland, to ensure that we engage fully with the Scottish farming industry on this important issue. The review, concluding in 2017, will be an opportunity for us to consider domestic CAP allocations and reflect on wider developments across the EU and UK as a result of CAP implementation. We might also be able to see how the different approaches taken by various devolved Assemblies are working in practice.

Throughout the CAP negotiations, which have only just concluded, the UK fought hard to ensure that Scotland and the other home nations could deliver the CAP in a manner that suited their needs and those of their farming industries. The UK has used its size and influence to deliver a series of wins for Scotland and Scottish farmers, including securing greater regionalisation of the CAP, ensuring that the national reserve is flexible enough to provide continuing support to new farmers, clarifying that farmed heather is a form of permanent grassland and extending to 2016 the designation of areas of natural constraint, which are particularly numerous in Scotland. Finally, although the hon. Member for Banff and Buchan was sceptical about the value of this, we have also secured for Scotland the ability to increase the use of coupled payments—I know that there is a strong view in the Scottish industry that that is particularly important for beef production.

Now that we have negotiated all those outcomes for Scotland, it is up to the Scottish Government to decide how they want to proceed in implementing the CAP. The UK Government have ensured that Scotland and other devolved Administrations have the ability to implement the CAP as they see fit. I know that consultations are under way in all the constituent parts of the UK. The agreement that we secured includes significant flexibility for Scotland to direct funding to those parts of the rural economy and environment that it deems appropriate. With the budget settlement recently announced by the Government on the CAP across the UK, all the devolved Administrations now have the certainty they need to start making those important decisions.

[Mr Weir]

The Minister has not addressed the point I raised earlier. He said that there was less money in the budget from Europe, which may be true, but the UK Government argued for a lower budget. The budget coming to the UK has been increased by the convergence uplift specifically because of the Scottish situation. That money was given because Scotland had a particular problem, and it is not coming to Scotland. Surely that is not right.

[George Eustice]

I think I did address that point. I made it clear that the calculation for the convergence uplift was UK-wide, not Scottish, that there are historical reasons why Scotland has had less and that Scottish farmers receive more on average per farm unit than farmers anywhere else in the UK. I do not accept that I did not address that point. We are taking a consistent approach by sticking with the historical approach, as we did on structural funds. We have achieved a lot for Scotland and other devolved parts of the UK, in terms of giving them flexibility to implement the CAP as they see fit.

[Mr McKenzie]

Perhaps I can take the question asked by the hon. Member for Angus (Mr Weir) in another direction. Does the Minister understand Scottish farmers’ frustration and anger that moneys specifically targeted at Scotland have not arrived in Scotland but have been distributed elsewhere?

[George Eustice]

As a UK Minister, I must be fair to all parts of the UK, and I think we have been fair and consistent in how we have applied this, for all the reasons I have set out. As somebody who worked in the farming industry for 10 years and who comes from a far corner of the UK, I am a firm believer that, as a UK Government, we can achieve more for all parts of the UK by staying together. It would be regrettable, for instance, if Scotland did not have the muscle that it gets from being part of the UK in European negotiations. If Scotland left the UK, it would be in danger either of being outside the EU altogether or of having negligible voting weight and being one of the smallest countries in the EU, which would not be in Scotland’s interests.

Fly-Grazing of Horses

George Eustice Excerpts

Tuesday 26th November 2013 Westminster Hall

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

I add my congratulations to my hon. Friend the Member for East Hampshire (Damian Hinds) on securing the debate. I, like many other hon. Members, have received lots of e-mails from constituents imploring me to attend the debate. I have been able to reply to them and say, “I’ll see what I can do.” It is a delight to be here to respond on behalf of the Government.

We have heard a little today about the scale of the problem. Although there are no official figures, the charities concerned have estimated that almost 7,000 horses are at risk. The welfare charities, in their report “Left on the Verge”, which has been cited by numerous hon. Members, have also identified a growing trend in welfare cases involving equines. Incidents of fly-grazing appear to be on the rise. Clearly, that is wrong and both a burden and a source of concern for the landowners affected.

I want to pick up on a point that my hon. Friend the Member for Somerton and Frome (Mr Heath) made about the stress that the practice can cause landowners. He makes an incredibly important point. We are talking about people who care deeply about animals and livestock, and it can be very distressing for them to find abandoned on their land horses that have not been cared for—that have been neglected, maltreated or underfed. They may have been left in fields where there is ragwort, for instance, which could affect their health. Sometimes the field is not sufficiently secure to keep the horse within it. I was very struck also by the point made by my hon. Friend the Member for Vale of Glamorgan (Alun Cairns) about the school that had to spend money to put up fences to keep horses off its land as a result of this problem.

My hon. Friend the Member for Somerton and Frome also talked about the cost borne by the landowners in these cases, and it is true that that is a feature. I point out that sections 4 and 7 of the Animals Act 1971 give powers for landowners to recover that cost, but I completely accept that, as with all these things, the difficulty is in the landowners being able to bring a case to get the money back.

Let me say a little more about what laws are currently in place, or we have in the pipeline, that could be used to tackle some of the issues described today. It is important to note that quite a lot of powers are already available. First, section 7 of the Animals Act 1971, which applies in England and Wales, allows horses to be taken into the landowner’s possession, provided that certain conditions are met. After 14 days, the horses may be sold. The landowner may also claim any reasonable costs from the owner of the horses for the upkeep of the horses or any damage that they do until they are either returned to the owner or sold at market.

Secondly, as a number of hon. Members have highlighted, the Highways Act 1980 can also be used and is often used by local authorities. That Act makes it an offence for horses to stray or lie on or at the side of a highway. The police have powers to remove the horses, and reasonable costs can be recovered from the owners in doing so.

Thirdly, as we have heard today, horses that are simply abandoned or neglected are often in a poor state of welfare. I was particularly struck by the appalling anecdote told by my hon. Friend the Member for Dudley South (Chris Kelly) about horses that were literally dying on a tether in some instances and by the case cited by the hon. Member for Ogmore (Huw Irranca-Davies) involving someone who had dozens or hundreds of horses that were being neglected.

It is important to recognise, though, that in such circumstances it is possible to use section 9 of the Animal Welfare Act 2006, which makes it an offence to fail to provide for the welfare needs of an animal. The DEFRA statutory code of practice for the welfare of horses, ponies, donkeys and their hybrids provides clear advice on how to meet the requirements of the Act. Although failure to abide by the code is not in itself an offence, it can be used in a court of law as evidence of neglect, and frequently is.

[Mr McFadden]

I thank the Minister for giving way; I know that he has limited time. He cites all this legislation. We know that it exists, but it is not working. Does he believe that it is? If it is, why do we have this problem?

[George Eustice]

I will address that point in a moment. I just want to make this point about new powers in the pipeline. Clearly, the act of leaving a horse or horses on another person’s land is an example of antisocial behaviour. The Anti-social Behaviour, Crime and Policing Bill is currently before Parliament and, when enacted, will provide enforcers with new and much more flexible powers to tackle antisocial behaviour in all its forms, including the act of leaving a horse on someone else’s land. Indeed, there have already been some instances in which the existing antisocial behaviour orders—ASBOs—have been served on perpetrators of fly-grazing.

The new antisocial behaviour measures will make it even easier for enforcers to use such powers to tackle these problems. For example, if a person is identified as having left their horse on someone else’s land without permission, the local authority or police could issue a community protection notice requiring the individual to do anything reasonable to address the antisocial behaviour.

In the case of fly-grazed horses, the notice might require the individual to remove or even to sell the horses. Failure to abide by a community protection notice is a criminal offence, and anyone who does so may face a fine or other sanctions. The provisions give the authorities power to impose a forfeiture order on any item, including an animal, used to breach a community protection notice; in this case, that would be a horse.

Several hon. Members have alluded to the frustration of those who complain to the authorities about such problems but no action appears to be taken. If a complainant is dissatisfied with a local authority, either because it has not responded to their concern or because they consider that it has not dealt with the concern effectively, it may be possible to use the new community trigger. Under the community trigger, the police, local authorities and other organisations can be required to review their response if a resident or group of residents have complained about the same problem three or more times and are not satisfied with the response.

In applying all those antisocial behaviour measures, it is necessary to know who the culprits are. We should not delude ourselves into thinking that we can tackle the problem without identifying and tackling irresponsible owners. If authorities can pool their intelligence and information, it should be possible to identify the leading perpetrators of fly-grazing and take appropriate action. If the problem is acute in certain areas—looking at the charts, Wales appears to be particularly badly affected—it should be a priority for the authorities to do whatever is necessary to deal with it. The tools are there, and we need to ensure that they are enforced.

One of the problems in dealing with fly-grazing is identifying the owners. As we know, identification of the owners of the horses involved is one of the key issues in enabling the authorities and those with whom they work to tackle fly-grazing.

[Huw Irranca-Davies]

Will the Minister give way?

[George Eustice]

I will press on, otherwise I will not cover all the points.

Revised horse passport regulations have been in force since 2009. They require all owners to obtain a passport for each horse that they own and all newly identified horses to be fitted with a microchip. We and other member states are currently considering EU Commission proposals to improve and strengthen the horse passport regime in response to the horsemeat fraud incident earlier this year.

Several measures are under consideration, including stricter standards for passports and a requirement for all member states to operate a central equine database, to which several hon. Members have alluded. DEFRA officials are working closely with the equine sector council strategy steering committee on the matter. As we have heard today, however, horses associated with antisocial behaviour are frequently not identified, so although we welcome the strengthening of the horse passport regulations, we recognise that it is not a solution in itself.

I wanted to touch briefly on another point raised by the hon. Member for Somerton and Frome about the tripartite agreement between France, Ireland and the UK. The Government are committed to protecting our equine industry from the threat of disease from overseas. European statute requires that horses that move between EU member states must undergo a veterinary inspection 48 hours prior to movement, and that they must be accompanied by a passport and health certificate. Any movement must be pre-notified to the competent authorities.

However, the existing tripartite agreement applies a derogation from those rules for horses moving between the UK, France and Ireland, on the basis that the three countries share the same health status for equines, and it seems reasonable that that should continue. We have, therefore, managed to avoid imposing unnecessary costs and burdens on horse owners.

Following considerable work with the equine sector and the member states concerned, I can confirm that a new tripartite agreement has been signed, which limits the derogation from EU health controls for intra-EU trade to groups of horses with a demonstrably higher health status. That will come into effect in May 2014. Those new changes will apply only to movements between the UK and France, and Ireland and France. The situation regarding movements between Ireland and the UK remains unchanged, because we are satisfied that on disease control grounds—bearing in mind the aims of the relevant EU directive—there is no additional risk. The new agreement between the UK, France and Ireland will hugely benefit the sector.

My hon. Friend the Member for York Outer (Julian Sturdy) highlighted the importance of co-ordination. We have been particularly struck by the protocols introduced by councils in Wakefield and York, which give guidance to local practitioners about the steps they should take to deal with the problem of fly-grazing, citing all the laws at their disposal. I emphasise to local authorities that they can use existing and future antisocial behaviour legislation to tackle that problem.

My hon. Friend the Member for East Hampshire and others have asked whether it would be possible to provide further guidance, and we are looking at that. In the case of tackling dangerous dogs, for instance, we issued specific guidance to councils so that they understood the implications of the new measures. We are keen to learn from Wakefield and York councils about whether further work can be done in the area.

On the Welsh proposals, there are a couple of limitations. My biggest concern with what is proposed in Wales is that it introduces no new powers beyond those in the Animal Act 1971, but it shortens the time scales. There is a danger of our putting the onus on local authorities to deal with the problem, rather than on tackling irresponsible owners. We could end up imposing costs and additional burdens on local authorities—

[Mr Philip Hollobone (in the Chair)]

Order. I am sorry to interrupt the Minister. I thank all those who took part in that important debate and ask those not staying for the next debate to leave quickly and quietly.

Oral Answers to Questions

George Eustice Excerpts

Thursday 21st November 2013 Commons Chamber

[Peter Aldous (Waveney) (Con)]

3. When the ban on fishing discards will come into force.

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

The UK secured a landing obligation as part of the agreement on reform of the common fisheries policy this summer. The final agreement includes a phased timetable, with a landing obligation in pelagic fisheries coming into force in January 2015 and a landing obligation in other fisheries beginning in 2016. Preparatory work has begun and we are talking to the fishing industry and other stakeholders about how we can best implement those changes in practice.

[Peter Aldous]

I am grateful to the Minister for that answer. Recent research has shown that a ban on discarding alone will not lead to sustainable management of the nation’s fish stocks. Will the Minister confirm that the Government will introduce a range of measures alongside the discard ban, and that full regard will be given to the interests of the inshore fleet, such as those who fish out of Lowestoft in my constituency?

[George Eustice]

I confirm that there will be a range of other measures. We have never claimed that a discard ban alone would work, and there are three parts to the reform. The discard ban was one part, and we also introduced regional decision making for the first time. Finally—and most importantly—there is now a legally binding commitment to fish sustainably. Taken together, those measures represent a radical reform of the common fisheries policy, and that is a tribute to my predecessor, my hon. Friend the Member for Newbury (Richard Benyon), who led the charge on those reforms.

[Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)]

The reforms are welcome and what the Minister said is correct, but the regulation on discards will require not just UK Administrations to comply, but other EU member states to do so as well. Will the Government ensure that the European Commission takes measures to ensure that, as far as possible, all member states comply with the regulations on discards?

[George Eustice]

I absolutely agree. We need other member states to comply with the regulations, and we will raise the matter with the European Commission if we have concerns that they are not doing so. I stress, however, that there is a legally binding commitment for member states to fish sustainably. Regionalisation will mean that for the first time, groups of member states with a shared interest in a shared fishery will come together and come up with better decision making.

[Richard Benyon (Newbury) (Con)]

I am grateful to my hon. Friend for his kind remarks. With a ban on discards, the roll-out of marine protected areas, a legally binding commitment to fish sustainably, the introduction of marine planning, and a whole range of other measures to ensure that our seas are sustainable, is this not a good time for those who are concerned about the health and sustainability of our seas?

[George Eustice]

My hon. Friend is right and I am delighted to continue the good work that he started in those areas. That shows the commitment of this Government to protecting and enhancing our marine environment.

[Damian Collins (Folkestone and Hythe) (Con)]

15. Instead of establishing a marine conservation zone across Hythe bay, will the Minister consider other conservation measures that could be carried out in harmony with the work of the inshore fishing fleet in the bay?

[George Eustice]

We have today made clear our intention to designate 27 sites as marine conservation zones. I confirm that Hythe bay is not currently one of those, although we are doing further work on that and holding further discussions with stakeholders. We hope to make a decision on Hythe bay in the new year. One interesting area we are considering is whether we might reach an agreement with stakeholders by looking at zoning that site, rather than having it as an entire block.

[Mr William Bain (Glasgow North East) (Lab)]

4. What steps he is taking to reduce levels of food waste.

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[Julie Hilling (Bolton West) (Lab)]

6. When the research commissioned by his Department into the provision of food aid in the UK will be published.

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

DEFRA has commissioned research to review publicly available evidence on the landscape of food aid provision and access in the UK. All Government-funded research projects are required to go through the necessary review and quality assurance processes prior to publication. Once this process is complete, the conclusions of the work will be made available on the Government’s website.

[Julie Hilling]

With more than 350,000 people using food banks since April alone and a more than 800% increase in the past three years, is the Minister delaying publishing the report because he is embarrassed to admit that the dramatic rise is due to the cost of living crisis caused by this Government?

[George Eustice]

No. As I just made clear—if the hon. Lady had listened—all Government reports must go through a review and quality assurance process, as set out in the Government’s social research service code introduced in 2008. There are many complex reasons for the increase in the number of food banks, but it is worth noting that there was a tenfold increase in their number under the last Government.

[Sir Tony Baldry (Banbury) (Con)]

Is not the innuendo of the question from the hon. Member for Bolton West (Julie Hilling) and similar questions that the Labour party wants welfare spending increased? If it wants that, should it not spell out by how much it wants it to rise and who should benefit and in what ways?

[Mr Speaker]

I call the Minister to respond, but on food aid in the UK, rather than on Labour party policy.

[George Eustice]

My hon. Friend makes a good point. We all know that the best way to tackle poverty is to help people back into work.

[Justin Tomlinson (North Swindon) (Con)]

8. What effect partnership funding has had on the number of flood protection schemes initiated in the last 12 months.

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[Andrew Griffiths (Burton) (Con)]

11. What increase there has been in pork exports to China in the last year.

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

Our work in opening up the Chinese market to British pork saw an increase of pork exports to China from £5 million for the first nine months of last year to £14 million for the same period this year. That trade has helped to lift China into our top ten biggest international food markets for the first time.

[Andrew Griffiths]

I congratulate the Minister on that great success. British pork is the best pork in the world, and much of it is produced in Staffordshire. The potential for growth and jobs in British agriculture from exporting to China is huge. With just a little more support, in terms of marketing, promotion and trade shows, more jobs could be created. What plans does he have to help British farmers to sell in China?

[George Eustice]

I absolutely agree with my hon. Friend that British pork is the best. My family breed British lop pigs, which I would argue is the best breed. To answer his question, earlier this month the Secretary of State took a delegation of British food and drink companies to champion British food at Food and Hotel China, the largest food fair in Asia. Food and drink is also a key pillar of the “Great” campaign to raise the profile of the food and drink industry internationally, and a “Great”-themed reception was held in China during the Secretary of State’s visit.

[Harriett Baldwin (West Worcestershire) (Con)]

It is not just pork to China; it is beef to Russia as well—

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[George Eustice]

Perhaps I can help hon. Members out by saying that the combined estimated worth of pork, beef and lamb to China and Russia is £230 million over three years. In September this year, the Secretary of State visited Russia to help open these markets.

[Andrew George (St Ives) (LD)]

12. What progress he has made on reform of the common agricultural policy; and if he will make a statement.

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

A common agricultural policy reform deal has been agreed between the European Agriculture and Fisheries Council, the European Parliament and the Commission. Overall, the CAP package does not represent a significant reform, but we did improve the Commission’s original proposals, increased flexibility and fended off attempts by others to introduce a number of regressive measures. Our formal consultation on CAP implementation in England was launched earlier this month and will run until 28 November.

[Andrew George]

I am grateful for that reply. In order for British farmers to remain competitive in world markets, it is important that the CAP helps them to meet the reasonable constraints that stop them simply turning the British countryside into ranch and prairie. Is the Minister content that, as drafted, the CAP will deliver public goods without simply giving money to large farmers who do not need it?

[George Eustice]

One area we are looking at in our consultation is how to develop an agri-environment scheme in pillar two. We are keen to build on the fantastic track record we have in these areas. It has always been the Government’s position that we can do more for the environment by spending through pillar two rather than through pillar one. That is why we have aimed to keep as simple as possible the greening measures in the conditions for the single farm payment.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Earlier this week, I met leaders of the Scottish National Farmers Union who had come all the way to London to express their deep concern that the CAP convergence uplift, which the UK received only because of the historically low area payments in Scotland, is to be split four ways. Does the Minister accept the principle of convergence and, if so, will he look again at how to bring the review process forward before 2016?

[George Eustice]

As the UK Government, we have had to take an approach that is fair to all parts of the UK. The reality is that farms in Scotland tend to be larger and the per hectare rate has been lower historically because the land is less productive, but the average farmer in Scotland receives about £25,000 a year, the average farmer in England receives approximately £17,000 and the average farmer in Northern Ireland receives less than £8,000. On that basis, Scottish farmers are getting more than farmers elsewhere in the UK.

Topical Questions

[Grahame M. Morris (Easington) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

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[Kerry McCarthy (Bristol East) (Lab)]

Proposals were made for 127 marine conservation zones, which it was agreed were necessary to create an ecologically coherent network. It is therefore very disappointing that the Government are going ahead with only 27 zones, and if press reports are correct they will not be consulting on the second tranche until 2015. Why is there such a delay?

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

We have made it clear that there will be two further tranches. I can confirm that next year, we will begin the research work necessary to start identifying some of the next sites. We will launch the formal consultation for the next tranche at the beginning of 2015, but that does not mean we will not be doing work in the meantime.

[Sheryll Murray (South East Cornwall) (Con)]

Fishermen in my constituency are periodically economically reliant on dredging around the Eddystone reef. Will my hon. Friend consider issuing permits that would expire after retirement or sale of vessel to allow them to continue to earn a living?

[George Eustice]

One of the principles of the marine conservation zones is that we want to development management measures locally with the inshore fisheries and conservation authorities, the Marine Management Organisation and harbour authorities. We want them to be constructive and, given how technology is developing, it is possible still to fish sustainably, in a way that protects many of the features we are trying to protect through these designations.

[Nick Smith (Blaenau Gwent) (Lab)]

Asthma UK has condemned the Government’s proposals to reduce air quality monitoring across the UK. Will the Minister drop these damaging proposals?

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[George Eustice]

My hon. Friend makes a valid point, because no vCJD prions have been found to be present in sheep. The European Food Safety Authority looked at this issue in 2010 and concluded that the spinal cord from sheep aged over 12 months should still be removed as a precautionary measure. However, we are investigating alternative methods of spinal cord removal that do not require splitting the carcase, and continuing to raise with the Commission the case for reviewing the current controls.

[Julie Hilling (Bolton West) (Lab)]

If the amount of air quality monitoring taking place is being reduced, how will we know that air quality is improving? How does this work?

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

I am pleased that the marine conservation designation for the Stour and Orwell site has not been approved. I thank the Minister for that, and can he assure me that it will not be reconsidered in future rounds?

[George Eustice]

Throughout all the assessments we have made of these designations, we have taken account of socio-economic factors, and in the case of Stour and Orwell that was one of the effects we looked at. We recognise the importance of those ports to the economy, both locally and nationally, and that is why we decided not to designate in that instance.

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

Marine Conservation Zones

George Eustice Excerpts

Thursday 21st November 2013 Written Statements

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

Today I am pleased to announce the designation of 27 marine conservation zones (MCZs) in the waters off the English coast. A 28th MCZ at Hythe bay in Kent, will be further investigated by the Kent and Essex Inshore Fisheries and Conservation Authority and Natural England before I make a final decision on this site early in the new year.

These new MCZs will protect nationally important habitats and species around the English coast and help improve our marine environment. The designations are the culmination of a great deal of hard work by a wide range of stakeholders in co-operation with Government and their agencies. This has been a huge undertaking and I would like to thank all who have contributed.

I am also pleased to announce that the process for designating further MCZs will now start in earnest with the aim of designating a second tranche in 2015-16 and a third in 2016-17. We anticipate that these tranches will combine with other marine protected areas to complete our contribution to an ecologically coherent network including the waters around our islands. To support this process we have been working with the devolved Administrations in the UK, the Joint Nature Conservation Committee and national conservation agencies to take stock of the habitats and species protected in existing and planned marine protected areas so that we can identify areas to be protected by future designations.

We will continue to make full use of the work of the earlier regional MCZ projects including considering whether some of the sites recommended by those projects are more suitable to be assessed as potential inter-tidal sites of special scientific interest. A review of reference areas as recommended by Natural England and the Joint Nature Conservation Committee is planned to start in early 2014.

The new MCZs will complement the protection given to the existing 113 English sites of special scientific interest with marine components, 44 English marine special areas of conservation (SACs) established under the EU habitats directive and 44 English marine special protection areas (SPAs) established under the EU wild birds directives. These marine protected areas taken together cover over 30,000 sq km in English inshore and offshore waters, an area broadly the size of Belgium. Since 2010 the area of inshore marine sites around England has increased substantially and with the MCZs designated today, just under 25% of English inshore waters are now within marine protected areas.

All of our marine SACs have now been adopted by the European Commission as sites of community interest which means that they will formally become part of the EU’s Natura 2000 network. Work is continuing to identify the remaining marine SPAs. We will shortly be consulting on two further SPAs for the protection of seabirds at Flamborough and Filey coast and at Falmouth bay to St Austell bay.

Successful management of marine protected areas requires stakeholders to work in partnership and co-operate with each other, with conservation advisers and with regulators. I want to see well managed sites which conserve and protect our important habitats and features and I strongly urge all those with an interest to work together, in partnership, to achieve this. Successful management of these areas also requires a good evidence base to inform the measures that need to be taken to protect their habitats and species. In the last three years DEFRA has spent over £8 million gathering evidence to support designation and management. I am pleased to announce that we have allocated a further £2 million this year and will continue to support this work going forward.

Building our network of marine protected areas is one strand of our ambitious programme to protect and enhance the marine environment while supporting sustainable use of its resources. We are working to implement the reforms we secured to the common fisheries policy to manage fish stocks more sustainably and eliminate the waste of discarding dead fish into the sea. We are pressing ahead with measures to protect cetaceans, sharks, skates and rays. We are also for the first time establishing marine plans around our coast to help achieve efficient management of competing uses of our seas while safeguarding the environment. These initiatives will all contribute to achieving good environmental status in our seas by 2020 as required under the EU marine strategy framework directive and move us towards achieving our vision of clean, healthy, safe, productive and biologically diverse oceans and seas that everyone can enjoy for years to come.