Dogs (Protection of Livestock) (Amendment) Bill

Debate between Jonathan Lord and Thérèse Coffey

Report stage
Friday 17th May 2024 Commons Chamber

[Dr Coffey]

It is a pleasure to speak to my own Bill. It has its origins in the topics to be considered on the Animal Welfare (Kept Animals) Bill, but for a variety of reasons, which I expect we may go into again on Third Reading, this is now a single-issue Bill. I also rise to speak to the amendments.

In Committee, there was considerable discussion on what penalties would be deemed appropriate. One concern I had—I tabled my own amendment—was simply to ensure that we were not in a situation where the penalties could in any way be less than what had been intended in the Dogs (Protection of Livestock) Act 1953. There was no question of that in many ways because the penalty in the original 1953 Act was so small, but it did allow a situation to emerge where there was an increase in penalties or fines against owners of dogs if there had been repeat offences. That is what I sought to discuss with hon. Members, the Minister and officials, to ensure that that was not the case. I was delighted that the Government agreed with that principle and that officials were able to come forward with a different amendment, which I am delighted to be moving today.

Amendment 2 is the substantive amendment—amendment 1 is consequential to it—and if the House agrees to it, the person who commits an offence under the section is liable, on summary conviction, to a fine. There is no limit on that fine; it is an unlimited penalty. This has become a trend in legislation in recent times. That matters because Parliament is not putting in place a cap on what can be done. The flexibility that we can give to the courts is an important way of tackling unacceptable behaviour, such as effectively neglecting the conduct of a dog so that it attacks other animals.

I would still expect the Sentencing Council to issue guidelines regarding what will be appropriate, but in Committee it was deemed important to ensure that we reinstate that element of ensuring there could be an escalation, and not some arbitrary cap where Parliament decides once and for all on what the fine could be, depending on the severity of the offence. In Committee we heard of multiple situations involving either one ewe or lamb, or indeed several. As a consequence, I think it right to allow our courts discretion to adjust the fines accordingly, in line with what the public would expect.

[Mr Jonathan Lord (Woking) (Con)]

I congratulate my right hon. Friend on this Bill, which I fully support. Will she briefly give a summary of the Bill for those Members who might not have been following its passage as closely as I have?

[Dr Coffey]

I would be happy to do that, but I think Mr Deputy Speaker might say that is out of order while we are discussing specific amendments. I will make sure that I do that on Third Reading, if my hon. Friend is amenable to that. I am also hoping to get leeway from Mr Deputy Speaker to talk about amendments that we did not table.

Another significant discussion in Committee was about disqualification orders, whether we should be able to apply those, and what legislation was available to do that. The Minister and I both committed to look into the issue further, which we did, and there is a variety of other legislation, including the Animal Welfare Act 2006, which relates to this sort of activity. I am grateful to the Minister for Food, Farming and Fisheries, my right hon. Friend the Member for Sherwood (Sir Mark Spencer) who responded to members of the Committee who wanted to go further, and discussed why that was not the case.

As I indicated in Committee, I understood that powers were available to undertake such actions, but not specifically in this Bill. I do not know whether that has been shared with the House, but depending on the procedures that are allowed, I would be happy to ask for such information to be placed in the Library of the House. In essence, the Dangerous Dogs Act 1991 sets out a non-exhaustive definition of when a dog is to be regarded as dangerously out of control, and if necessary a prosecution could be brought under that Act, instead of the Bill. Further legislation even dates back to the Dogs Act 1871, regarding when a magistrates’ court can make a control or destruction order if it appears to the court that the dog is dangerous and not under control. A disqualification order can also be made if the court has decided to make an order for the destruction of a dog by virtue of legislation. That will, I hope, answer some of the questions that I have received from members of the public regarding why certain powers are not specifically included in the Bill.

Although it can be understandably tricky to navigate our legislation, political parties such as the Liberal Democrats seem to excel in ignoring legislation and trying to create it and then accuse others of not doing something when something is already a criminal offence. I want to ensure that it is on the record that we are not ignoring the opportunity for people to be refused the opportunity to own dogs in the future, if they are simply being irresponsible in allowing this sort of attack, it is just that it will not be covered specifically in the Bill. We have basically allowed unlimited penalties to be applied. I think that is good news for aspects of animal welfare, and it will, I hope, be a significant deterrent to people, and encourage them to be more careful with their dogs—we will get into that on Third Reading and discuss why we are doing this at all. The Bill will add strength so that we see a massive reduction in livestock worrying.

Plastics: Agriculture

Debate between Jonathan Lord and Thérèse Coffey

Wednesday 21st November 2018 Westminster Hall

[Dr Coffey]

I had never heard the phrase “plastic mulching” before either, but I am conscious of what the hon. Gentleman suggests. Elements of plastic can end up in the natural environment in different and unintended ways. Some broader research has been done into the impact of plastics, but I recognise that there is more to do. I think Public Health England has been considering the matter.

[Mr Jonathan Lord (Woking) (Con)]

I welcome what the Minister says about encouraging biodegradable fibres and bioplastics, but until those materials are available more widely, we will need a domestic solution to recycling. China is now refusing to take plastic waste, and other Asian countries may follow suit. Recycling plastic has recently become more complicated and expensive than ever before, so I hope that she will say what the Government are doing to encourage domestic recycling solutions.

[Dr Coffey]

The reality is that until now, China, Turkey, Malaysia, Indonesia, Vietnam and other countries have largely been happy to accept our plastic because they have seen it as a raw material that they can use to generate more products. Plastic recycling is technically possible and exists in this country already—it is just that it is not as economical. People have to pay to recycle various sources of plastic rather than getting a benefit from them, although that is changing. We recognise that China has reduced the amount of contamination that it is prepared to accept in plastic—it does not ignore all plastic, but effectively it has closed the market and made it less worth while. I am sure my hon. Friend is eagerly awaiting our strategy on resources and waste, which will appear in due course. Perhaps more can be revealed at that time.

I mentioned the measures in the 25-year environment plan we published in January, as well as the Government’s commitment to taking action against the problem of single-use plastics waste as part of our wider strategy. We have given £20 million to the plastics innovation fund, which is co-ordinated by Innovate UK and the Engineering and Physical Sciences Research Council, and which aims to reduce the environmental costs of plastic and litter. I am pleased to say that, in the Budget, we announced not only a tax on plastic products that are not at least 30% recycled, but a further £20 million of funding: £10 million extra for R&D and £10 million to pioneer innovative approaches to boosting recycling and reducing litter. The fund will be made available during the 2019-20 financial year. I agree with my hon. Friend the Member for North Cornwall that innovation is vital in supporting developments to tackle plastic waste, so we will continue to explore commercially viable options.

Beyond the farm, we have worked with retailers and with the Waste and Resources Action Programme to explore the potential for introducing plastic-free initiatives. At the end of the month, WRAP will publish a technical report on the evidence for providing fresh produce. Its purpose is to inform a dialogue on providing uncut fresh fruit and vegetables loose, and it will contain advice on how to eliminate unnecessary plastic packaging without unintentionally increasing food waste. I am sure that the famous cucumber scenario will be mentioned many times in the discussions about whether plastic is a benefit or a horror. The opposite environmental aspect that we need to consider is food waste, especially in regard to carbon. The technical report will be available for consideration and discussion by signatories to the 2025 Courtauld commitment and the UK plastics pact.

The Government want to create a vibrant market for recycled materials in the UK, including plastic. We want to increase the quantity and quality of materials collected by local authorities in England and accelerate greater consistency. My hon. Friend referred to biodegradable materials, which may be seen as a solution that would reduce the impact of plastic waste. However, if disposed of incorrectly, they can be more environmentally damaging than non-biodegradable materials. We are concerned that, in the absence of standards, claims about the biodegradability of plastic-based products cannot be verified, which has the potential to lead to confusion in the marketplace, increased levels of consumption and environmental harm at the point of disposal.

I thank my hon. Friend for securing this debate on plastic. Some may see it as a niche issue, but he is fully aware of its importance and I congratulate him on all his work and campaigning. The issue needs to be tackled at the source in every possible way, and we need constantly to challenge ourselves, our agricultural industry and other similar industries to do so.

Question put and agreed to.

Litter Strategy

Debate between Jonathan Lord and Thérèse Coffey

Wednesday 18th July 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

It is a pleasure to serve under your chairmanship, Mr Davies. I congratulate my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) on securing this debate on a subject that, as she rightly points out, matters to so many people.

Litter is unpleasant and absolutely unnecessary. Litter louts exhibit behaviour that is selfish, lazy and downright irresponsible. Our litter strategy detailed how we will achieve a cleaner country, with a substantial reduction in litter. We intend to do that by applying best practice in education and enforcement, and by supporting local authorities with better “binfrastructure”, in order to change people’s behaviour and make littering entirely socially unacceptable.

Dealing with litter is costly. In 2016-17, local authorities spent £682 million, or £29 per household, to keep our streets clean. In addition, Highways England spends at least £6 million a year on collecting litter from the strategic road network. Those funds could be better used to deliver the range of important services provided by our councils.

Our litter strategy, which was published last year, was the first ever for England, and it was produced in partnership with the Department for Transport and the Ministry of Housing, Communities and Local Government. We have delivered on a number of key commitments that we detailed, as set out in the annual report, which I assure the House will be published shortly.

Councils now have new enforcement powers they can use, making it easier for action to be taken against people who litter, principally through the use of fixed penalty notices. The big change has been to make the owner, or more precisely the keeper, of a vehicle liable for littering offences committed from it, although I recognise that this power has already been in place in London councils for some time. However, I understand that only one London council uses it, and that is Wandsworth and not, sadly, Barnet.

Since April this year, the maximum fixed penalty that local authorities can issue for dropping litter has nearly doubled, from £80 to £150. The minimum fixed penalty will also increase from £50 to £65 next year. The same changes also apply to penalties for graffiti, fly-posting and the unlicensed distribution of free printed material in a designated area, although I am assured that that does not apply to election leaflets.

I am conscious that people are concerned that councils may just use these penalties as a money-grabbing initiative. That is why we have consulted on improved guidance for the use of these powers. Responses are being carefully considered, and the guidance will be published later this year. However, I should emphasise that penalties collected are to be used to improve tackling litter, including cleaning up litter and educating people.

I stress that it really is now up to councils to take advantage of the powers that they asked for. I think this initiative can become self-financing, and there have been some great examples of how a crackdown has really had benefits. For example, in Southend-on-Sea—a lovely place to visit, where the local people are very proud of their sea front—council officers have been proactive in issuing penalties, and that has had a positive impact on cleaning up the sea front.

The second part of our approach is education and changing behaviour. I am pleased to announce today that we will work in partnership with Keep Britain Tidy to further develop and launch our new national anti-littering campaign. This ambitious campaign will seek funding from private sector companies, particularly those whose brands’ packaging is often littered. However, I recognise what my right hon. Friend said when she commended staff from her local McDonald’s for being the first to get out and clear up.

Keep Britain Tidy already has an army of 350,000 litter heroes—people who have had enough of other people’s litter and who are willing to do something about it—to help us spread the word. I also think of people such as Nadia Sparkes in Norwich, who has embraced the name of “Trash Girl”, which was given to her by bullies. I understand that she is now being turned into a cartoon superheroine for her efforts to clean up the streets of Norwich.

The third element of our strategic approach is to improve cleaning and “binfrastructure”. I recognise the context of ever-increasing pressure on local authority budgets, so it is important that we share best practice and ensure that local authority money is spent in ways that are proven to be effective. To promote innovation and proper testing of new ideas for tackling litter, we have launched a litter innovation fund to pilot and evaluate innovative new approaches that have the potential to be rolled out more widely. This fund, of just under £500,000, is jointly funded by my Department and MHCLG, and 10% of the money has been exclusively allocated to tackling litter in the marine environment.

After more than 200 expressions of interest were received in the first round, grants totalling £125,000 were offered to 14 projects to trial approaches across England. Those projects included reducing litter from riverside pubs along the Thames, work focused on the night-time economy and work using nudge techniques to reduce dog-fouling on playing fields. I must admit we were slightly disappointed with a lot of the initial applications, and we hope that, with some feedback, more will be successful in the second round, which we expect to open next month.

A lot of what my right hon. Friend talked about today was to do with roadside litter, which I recognise is particularly problematic. Our roads and highways are the gateways to our towns and cities, and litter by the roadside gives a bad impression of our country. Furthermore, as she pointed out, clearing that litter from the side of busy roads is a dangerous and expensive job for councils and their employees. This Government are committed to tackling roadside litter, as reflected in our manifesto, and we have taken steps in the last year to do exactly that. I have already mentioned the new powers that we have given to councils to improve enforcement against those who throw litter from their vehicles, but there is a great deal of other activity under way to address that particular problem.

[Mr Jonathan Lord (Woking) (Con)]

Does the Minister have a strong view as to the division of responsibility between Highways England and local councils? Local councils are ultimately responsible to their electorate. Ideally, I think Highways England should be responsible, but I wonder who is marking the organisations’ homework and what mechanisms we have for checking they are doing their job properly.

[Dr Coffey]

My hon. Friend raises a good point. I was going to bring the matter up later, but I will do so now. Highways England is responsible for cleaning alongside motorways and some of our major trunk roads, and it often contracts that to the local authority. However, to respond to one of the questions my right hon. Friend the Member for Chipping Barnet asked, we are not considering changing the law or the responsibilities at this time.

The Minister for roads—my hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman)—and I want to see Highways England being more effective. We commissioned an independent survey of every council in England that has responsibility for cleansing one or more of the roads I mentioned. Unfortunately, that was delayed by poor weather as a result of the “beast from the east”. The data is still being analysed, but it will give us a much more accurate picture of the scale of litter on that part of the strategic road network and enable us to identify good practice and work with those local authorities that appear to be underperforming. Roadside litter is a problem that can be addressed effectively only by working closely with my colleagues across Government. I will bring some of the points that my right hon. Friend has raised to the attention of my hon. Friend the Member for Hereford and South Herefordshire.