Exiting the European Union (Agriculture)
Debate between Jim Cunningham and George Eustice(5 years, 2 months ago)
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The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)
I beg to move,
That the draft Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019, which were laid before this House on 24 July, be approved.
The shadow Minister, the hon. Member for Stroud (Dr Drew), and a number of other Members may, in the case of this statutory instrument and two others that we will consider this afternoon, have a sense of déjà vu, not for the first time in issues relating to EU exit. I will explain why these further statutory instruments are necessary, but I do not envisage that we will need to take up the full time allocated for them, unless the shadow Minister feels that he did not rehearse these issues in the detail he would have liked to last time. This particular instrument concerns the common organisation of the agricultural markets, more commonly referred to as the CMO in EU parlance. The CMO sits in pillar 1 of the common agricultural policy alongside direct payments, and it was set up as a means of meeting the objectives of the CAP, in particular with regard to stabilising markets, ensuring a fair standard of living for agricultural producers and increasing agricultural productivity.
Mr Jim Cunningham (Coventry South) (Lab)
How does that impact subsidies to farmers, which must affect the markets? Where are we in terms of the continuation of subsidies to stabilise those markets?
George Eustice
Retained EU law means that the existing basic payment scheme will continue. The hon. Gentleman will be aware that the Agriculture Bill, which has been before the House, outlines a plan to evolve that policy over a period of seven years, but that is not the issue before us today. This particular instrument relates to the CMO regulations.
In March this year, six EU exit operability SIs concerning the CMO were debated in the House, approved and made. Those SIs sought to make retained EU law operable in the domestic UK context. The instrument under debate amends one of those existing EU exit SIs: the Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019. The existing SI, which was passed in March, ensured the operability of certain provisions relating to the reserved policy areas of regulation of anti-competitive practices, international trade, imports and exports and intellectual property law. Among other things, it establishes transitional periods for the import documentation for hops, certificates of conformity for fruit and vegetables and imports of veal.
The original statutory instrument obviously envisaged a departure date of the end of March, but, as Members are fully aware, a decision was taken to delay our departure to 31 October. The primary aim of this statutory instrument is to make simple corrections to the existing EU exit SI, to ensure that, where provisions refer to a transitional period, those periods are realised as was intended.
Current EU legislation requires hops imported from third countries to be accompanied by an attestation certifying compliance with EU marketing standards. For fruit and vegetables, EU legislation permits the inspection authorities of specified third countries to certify that imports originating from that country comply with EU marketing standards, so that they may benefit from lower inspection burdens in the EU. That legislation will be rolled over into UK law, and we are providing for a transitional period of two years for forms and certificates that we accept from third countries attesting that a product meets marketing standard requirements, during which both the new UK forms and certificates and their equivalent EU versions shall be accepted, provided that the EU standards remain at least as high as the UK standards. That will allow importers time to transition to using the new forms of documentation.
This instrument also concerns imports of veal. Under EU law, third countries wishing to import bovine meat into the EU must maintain an identification and registration system of the bovine animals they intend to import, starting from the day of birth of the animals. This is to ensure that imported meat has traceable origins and meets the EU’s standards and that the age of animals whose meat is marketed as veal can be verified. The name and address of the body in charge of the system, with a list of operators for whom the body is carrying out checks, must be notified to the Commission before the first consignment of veal is imported.
These rules are being retained in our own EU exit SIs, with a requirement for third countries—including EU member states, which will become third countries when we exit—to notify this information to the Secretary of State. To safeguard the continuity of veal imports from the EU into the UK after EU exit, we have allowed a three-month transitional period, to allow the EU time to gather and submit the required information to the UK. The end dates for these transitional periods were explicitly stated as 29 March 2021 for hops and fruit and vegetables and 30 June 2019 for veal.
Oral Answers to Questions
Debate between Jim Cunningham and George Eustice(6 years, 6 months ago)
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George Eustice
I agree with my hon. Friend on the importance of this measure, and for some time I have pressed to have maximum sentences for cruelty extended, particularly for some of the most shocking cases of cruelty. The Government are committed to doing this, we have published how we intend to do it, and as soon as parliamentary time allows we intend to introduce this change.
Mr Jim Cunningham (Coventry South) (Lab)
Dog Attacks on Dogs
Debate between Jim Cunningham and George Eustice(7 years, 7 months ago)
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The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)
I would like to begin by congratulating my right hon. Friend the Member for Loughborough (Nicky Morgan) on securing this debate on police force and local authority guidance on dogs attacking other dogs. I understand that it must be incredibly traumatic for owners whose dogs are attacked by other dogs, particularly as the owner is often a witness of the attack. She described two incidents, and I would like to express my sympathy for her constituents, the owners of Ozzy the dog and of the terrier that was attacked by a Rhodesian Ridgeback. I completely understand that it is an incredibly distressing time. It is completely unacceptable for owners to allow their dogs to be dangerously out of control, whether it is around people or animals. Attacks of this sort can affect animals’ confidence and lead to dogs changing their behaviour and becoming afraid of going out.
Over recent years, the law on out-of-control dogs has been strengthened, and the Government looked at that area in the previous Parliament quite closely. The Dangerous Dogs Act 1991 now applies the offence of allowing a dog to be dangerously out of control to all places, not just public places or places where a dog has no right to be. That means dogs need to be under control in all places and at all times. As my right hon. Friend said, that is of particular relevance to those of us who will be delivering leaflets and going on to people’s property. I am sure we have all had experiences of dogs in those circumstances.
The law also makes it a specific offence to allow a dog to attack an assistance dog, for which the maximum penalty is three years’ imprisonment. As my right hon. Friend pointed out, we introduced that provision recently. The reason for specifically including an offence in relation to attacks on assistance dogs was to emphasise people’s dependence on them. It was considered that an attack on an assistance dog in these circumstances was an aggravated attack and almost an attack, by extension, on the individual person.
There are real problems with attacks on assistance dogs. A huge amount of work goes into training those dogs. There have been many sad examples of assistance dogs that, despite all the work to train them, lose their confidence to do their job as a result of a one-off attack and have to be retired from duty. That is why we took the view that assistance dogs were a very special case.
Other penalties under the 1991 Act were also increased significantly. In particular, the maximum penalty for allowing a dog to be dangerously out of control was increased from two years’ imprisonment to 14 years’ imprisonment in cases where it results in the death of the victim, and five years’ imprisonment where the victim suffers serious injuries.
Other laws were introduced as preventive measures. Measures under the Anti-social Behaviour, Crime and Policing Act 2014 allow police and local authorities to take action in low-level incidents of antisocial behaviour, including those that involve a dog, where the dog is causing a nuisance but no offence is committed under the Dangerous Dogs Act. In such circumstances, police or local authorities can take action by issuing a community protection notice to the owner or person in charge of the dog at the time, ordering them to control the dog and stop the nuisance behaviour. Failure to comply with a CPN can lead to a fine of £2,500. That power means the police and local authorities can take action before a dog becomes dangerously out of control. A criticism of the Dangerous Dogs Act was that it dealt with issues only after they had happened. Many animal welfare organisations, dog-keeping groups and veterinary organisations campaigned for the introduction of those types of notices.
For more serious incidents of antisocial behaviour, such as using a dog to actively intimidate someone, there is the criminal behaviour order. A CBO would be used in cases where a court was satisfied that an individual had engaged in behaviour that caused or was likely to cause harassment, alarm or distress. Finally, for more general matters, there are public spaces protection orders, which place restrictions on dogs using clearly defined areas such as children’s playgrounds or sports fields. PSPOs are aimed at all dogs rather than individual dogs.
My right hon. Friend the Member for Loughborough reported that Charnwood Borough Council wants to see dog-specific guidance on the antisocial measures. In October 2014, to assist local authorities and the police, DEFRA published a practitioners’ manual entitled, “Dealing with irresponsible dog ownership”, which provides practitioners with guidance on how to use the antisocial behaviour measures specifically in relation to dogs. I was a Minister in DEFRA at the time. I did not have responsibility for this part of the portfolio, but we had a debate in 2014 in which a number of people said that we should adopt measures similar to those in Scotland, where there are specific dog protection orders. Our legal analysis was that community protection notices served the same function, but because a number of people had raised concerns about whether they could be applied to dogs, I asked my noble Friend Lord De Mauley, the then Minister with responsibility for dogs, to address the issue, and that prompted the guidance sent in 2014, almost three years ago, to all local authorities.
The practitioners’ manual differs from the Home Office guidance document, which was aimed at the broader use of antisocial behaviour measures and perhaps is what Charnwood Borough Council has read and what my right hon. Friend has referred to. My Department’s practitioners’ manual can be found on the gov.uk website, but after this debate I will arrange for my office to send her office a paper copy of it.
Mr Cunningham
Will the Minister express a view on the Battersea proposals, to balance out the argument?
George Eustice
I am sorry, but I have lots of proposals from Battersea and I am not sure which ones the hon. Gentleman has in mind. I come back to the point that we issued very specific guidance on how CPNs could be used.
George Eustice
I will give way again if the hon. Gentleman is going to clarify the point.
Mr Cunningham
Simply put, there is a proposal for longer sentences for people who abuse animals.
George Eustice
I refer the hon. Gentleman to a debate that took place on that very matter a few weeks ago. The Sentencing Council recently issued new guidance, which took effect this week, that makes it far easier for courts to award custodial sentences at the upper end of the range for those sorts of offences. Obviously, sentencing is a matter for the Ministry of Justice, and I am sure that it keeps those issues under review.
My right hon. Friend the Member for Loughborough said that the police claim that there is a three-strikes rule and that unless a dog has attacked three times, prosecutions cannot be brought and a community protection notice cannot be used. I am reliably informed by my officials that that is not the case. There is nothing in the law that says that there must be three offences. The Dangerous Dogs Act can be used the first time there is an offence. There is nothing in the law that stipulates that there must be three offences before a CPN can be issued. I therefore think that there is an issue, which I was going to come on to, about enforcement. It may be that sometimes police forces that are reluctant to look at these issues because they want to focus on other things will come up with internal operational procedures of that sort and internal operational guidelines, but those are created by the police and are not a matter of law.
Oral Answers to Questions
Debate between Jim Cunningham and George Eustice(8 years, 1 month ago)
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George Eustice
Having ironed out some of the difficulties we encountered in 2015, we are in a stronger position this year. The RPA reports that over 80% of basic payment scheme claims were submitted online, meaning that the number of cases requiring manual data-entry was significantly reduced. If my hon. Friend would like to give me further details of those two cases, I will ensure that they are investigated and will personally get back to him.
Mr Jim Cunningham (Coventry South) (Lab)
George Eustice
We have committed to continue to make all payments up until 2020, and we are already engaging with the industry and others to devise future agriculture policy. Those plans will be announced well in advance of 2020.
Oral Answers to Questions
Debate between Jim Cunningham and George Eustice(10 years, 11 months ago)
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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.