Tuesday 7th February 2017

(7 years, 3 months ago)

Westminster Hall
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Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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It is an honour to serve under your chairmanship, Mr Streeter. I really appreciate it that the hon. Member for Plymouth, Sutton and Devonport (Oliver Colvile) has brought this issue to us for debate. I want to start by talking about Aberdeen and the reasons why I feel it is important for me to be here. I was reading the Library briefing—those briefings are really useful for a lot of debates—and about the number of gulls that are apparently in the United Kingdom. Apparently there are 45,000 herring gulls in the United Kingdom. According to the city council’s website, there are 3,500 pairs in Aberdeen. That means we have 15% of the UK’s herring gull population in our city. That seems quite unbelievable, but it comes from the figures provided. Look up internet memes on seagulls—the Aberdeen seagull is the size of a large dog. It is absolutely ginormous and it regularly gets mentioned; people who come to uni in Aberdeen from Glasgow or elsewhere in Scotland or England are shocked at the size of these creatures. They are not like normal seagulls; they are ginormous. We mostly have herring gulls, although we also have some lesser black-backed gulls.

The hon. Member for St Ives (Derek Thomas) talked about gulls beginning to behave badly, but he went on to say that we have been grappling with this problem for a long time. I grew up in Aberdeen and during my entire lifetime there has been a plague of these creatures. In Aberdeen we introduced wheelie bins and on-street bins as well because we have a huge number of tenement properties in the city. There is a huge number of places where people cannot have wheelie bins. We now have a really good on-street bin system with large bins on the streets. Residents have to put up with a slight loss of parking as a result of those big bins, which have big lids on them. The birds cannot access the bins, so they have been pretty successful in deterring the birds’ access to food.

As for the issues caused by seagulls, stealing food and aggression have been mentioned, as has the fact that they used be on land really only between April and September, but increasingly are beginning to winter in cities and towns rather than going out to sea. That causes a real problem because we continue to have these issues throughout the year.

There are a couple of issues that have not really been mentioned, such as noise. A huge amount of the correspondence that I get from constituents on this subject is about the problem of noise. It is about the concern that they are being woken at 3 o’clock in the morning by seagulls fighting with one another. I used to live on the Gallowgate in Aberdeen. There are several multi-storey buildings there and we were on the 13th floor of flats. Without fail, throughout the breeding season, we would be woken throughout the night by the noise of seagulls and that was a real problem.

Gulls cause significant damage to buildings, around chimney stacks, for example. They cause damage to people’s roofs. They cause damage to business buildings. Again, that has not really been mentioned. There is a financial cost associated with this problem, as well as the issue of people being scared of coming into town because of the aggression.

Seagulls also carry diseases. According to a piece of literature from our local authority—it is also called a “Survivor’s Guide”; I think Aberdeen City Council and Aberdeenshire Council got together to compose these survivors’ guides—they can carry salmonella and TB. It is pretty concerning to know that we have these creatures roaming about our city, carrying diseases that can badly affect human beings.

Those are all the issues, and my mailbox indicates that seagulls are never far away from the minds of my constituents. When people come in the door to talk to my office staff, they often mention in passing the problems that they have faced with seagulls. In fact, I wrote to the Scottish Government Minister last September following a spate of emails that residents had sent raising concerns.

It strikes me that there are a few things that can be done and a few things that could be done better. In Scotland, taking action by removing eggs, for example, is licensed by Scottish Natural Heritage. Companies can exercise that option, which ensures that the action is taken humanely and only in circumstances where there is no alternative. Action cannot be taken when spikes could be put up. However, gulls are increasingly managing to navigate a way around spikes. They have more of a problem with nets, but nets cannot be put on all roofs.

Steve Double Portrait Steve Double
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Does the hon. Lady agree that part of the problem is that gulls are very tenacious and intelligent birds and that no matter what measures we take to deter them, it usually only a matter of time before they find a way around them?

Kirsty Blackman Portrait Kirsty Blackman
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I absolutely agree. One thing about gulls is that they learn from one another, so if one gull manages to find a way around something, they all do, because they observe one another and learn. Such things as removing eggs and oiling eggs work, as does poking holes in them. Dumfries and Galloway Council did a study on the efficacy of those methods, and the results showed that they work.

Other studies have previously been done in Scotland. In 2010, the Scottish Government commissioned a study on using falcons and birds of prey, as my hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson) mentioned, so they have specific details on that. That 10-week study was not quite as successful as it could have been, but the Scottish Government learnt a lot and have a huge amount of recommendations for people. For example, we do not want to have falcons flying around at the same time each day because the gulls get used to it and stop being scared of them. A huge number of useful recommendations came out of the study. Using such things as distress calls, kites, pyrotechnics and lasers was also suggested.

I appreciate having a chance to speak in the debate. To wind up my comments, an issue we face in Aberdeen is that although the Scottish Government have overarching responsibility for the matter and local authorities are then responsible for specific areas of nuisance, the local authority is clear that individual building owners have to take the action. As we see when we are trying to get lights replaced in tenement buildings, it is sometimes very difficult to get owners to take action. If the council is not the majority owner in a property—for example, a tenement building—and we are trying to get eggs removed from it, it is very hard to get that to happen. Although sharing good practice is a good idea and we should do more of it, there is an issue with who is responsible and the lack of compulsion on landlords and property owners to take action. If they are not willing to take action, the noise made by the birds affects everybody around. Again, I thank the hon. Member for Plymouth, Sutton and Devonport for securing the debate.

--- Later in debate ---
Thérèse Coffey Portrait Dr Coffey
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It certainly will not be possible to do that until we leave the European Union, and I am concerned that opening up elements of regional protection might make the law unworkable. Nevertheless, let us consider that when the opportunity is there, in due course. I am sure the hon. Gentleman will return to this subject, although I am also sure that he will try to ensure that we never again have to debate these measures, by getting on with things.

Kirsty Blackman Portrait Kirsty Blackman
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Will the Minister give way?

Thérèse Coffey Portrait Dr Coffey
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I will just make a bit of progress, because I will talk about Scotland and Aberdeen—

Kirsty Blackman Portrait Kirsty Blackman
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My point was on the studies.

Thérèse Coffey Portrait Dr Coffey
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Okay; I give way.

Kirsty Blackman Portrait Kirsty Blackman
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Specifically on the studies, the hon. Member for Workington (Sue Hayman), who spoke from the Labour Front Bench, and I both mentioned the study undertaken in Scotland in 2010. I would appreciate it if the Minister had a look at that. I would also appreciate it if the contraceptives study that DEFRA is undertaking, which she has just mentioned, could be shared with the Scottish Government when it comes out.

Thérèse Coffey Portrait Dr Coffey
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I am quite sure that that research can be made available, and the research the hon. Lady refers to is well established and available for anybody to see.

The current legislation provides sufficient powers to take appropriate action to tackle the problems caused by gulls. It provides a range of methods that those authorised can use to manage birds humanely, and it permits population control, nest clearance and egg control. I assure the hon. Member for Barrow and Furness that landowners can employ competent others to act under a general licence. While there are no provisions within current legislation to allow the control of birds specifically for the purpose of relieving nuisance or damage to property, the legislation allows for the control or disturbance of certain wild birds for particular reasons. Those most relevant to urban gull issues are if such action is taken in the interest of public health and safety, or to prevent disease.

Natural England’s general licence allows those authorised to kill or take lesser black-backed gulls and to damage or destroy the nests or eggs of lesser black-backed gulls and herring gulls to preserve public health or safety, or to prevent the spread of disease or serious damage to livestock and crops. These general licences have a very low regulatory burden. Those authorised do not need to apply to Natural England to make use of them, provided they comply with the licence conditions. These conditions include making sure that non-lethal methods are ineffective or impractical, and users do not need to report any action undertaken to Natural England.

Where an individual cannot undertake the control required under a general licence, it does not mean they cannot take action, but they would need to apply for an individual licence to do so. Natural England commonly issues individual licences to permit the control of gulls for health and safety purposes. On average, it issues 17 individual licences for herring gull control for health and safety purposes annually, and it grants most of the applications that it receives. Indeed, the Wildlife and Countryside Act 1981 also provides for action to be taken without a licence if the action in question is urgently necessary, such as preserving public health and safety. This allows a person to take action in a genuine emergency without fear of committing an offence, where it would not have been possible for them to have predicted the issue and to have acted under a licence. I understand that between 2014 and 2017, Natural England issued 10 individual licences in Devon to permit the control of large gulls, in addition to the general licences.

While licensing control of birds populations can help to control the number of gulls, we should not rely solely on a licensing approach to control gull populations. We should look at other measures to manage the problem in a sustainable way. Local authorities, businesses and individuals are able to take a range of actions to manage urban gull populations. We encourage all local authorities and businesses to help to address the problem by, as has largely been pointed out, removing sources of food such as fallen fruit and accessible household waste, using bins with secured lids, ensuring that domestic animals are not fed outside, using birds of prey to scare gulls, and providing local education measures. In all cases, individuals and local authorities concerned about the effects of gulls are recommended to seek advice from Natural England’s wildlife licensing unit, which offers free advice to those experiencing problems with gulls. Local teams have the knowledge and expertise to help.

I am sure that my hon. Friend the Member for Plymouth, Sutton and Devonport is aware of some of the excellent practice across the country. In his own county, East Devon District Council has introduced a range of current control measures—I see that my right hon. Friend the Member for East Devon (Sir Hugo Swire) is in his place, I think for the next debate. These measures include using litter bins in seaside towns with secure openings to prevent scavenging, displaying posters in seaside towns and distributing them to local food businesses—