(6 years ago)
Commons ChamberOrder. We will be going down to five minutes after this speech.
Thank you, Mr Deputy Speaker. My hon. Friend makes precisely the point that has been raised with me: leaving future rules under which boats may fish to the whims of what is, in effect, a gentleman’s agreement does not provide any assurance or security to the east coast industry. There is a sense of history repeating itself, as the same industry feels that the fisheries concordat has also not served it well and that those who make the decisions have not fully heard the concerns raised by this section of the fishing industry. As an MOU may be withdrawn from, there is also the issue of the proposed joint fisheries statements to address. The Bill would allow for a devolved Administration to walk away simply by stating their reasons. There really must be a dispute resolution mechanism; allowing for a collective statement to fall simply due to a lack of administrative preparations seems short-sighted at best, but it would also render such a statement useless.
On a point of order, Mr Deputy Speaker. The hon. Member for Moray (Douglas Ross) mentioned my hon. Friend the Member for Edinburgh North and Leith (Deidre Brock), but is now refusing to take an intervention from her. Is that in order, Mr Deputy Speaker, or a convention of the House? [Interruption.] Courtesy and decency.
The answer is yes, it is in order. Members do not have to give way. What is normal is that if you do mention a Member’s name and that Member then comes back, it is up to the Member speaking to decide whether to give way. Normally, they do give way, but I cannot force any individual Member; it is up to Mr Ross whether he wishes to.
The hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) has a deaf ear, because I said I would let the hon. Member for Edinburgh North and Leith intervene. I will come to her in a minute, if she has patience.
The hon. Lady confirmed that the SNP’s position is to go back into the CFP on re-joining the European Union but, she said, in their terms. I would like to give way to her so that she can tell us what those terms are. What is the SNP going to tell the EU that it would like to negotiate on the CFP, and what is it going to give away? A negotiation needs give and take, so what would it give to the European Union on that?
Order. The hon. Gentleman cannot intervene on an intervention.
Thank you, Mr Deputy Speaker. I am grateful to the Secretary of State for that intervention because—
On a point of order, Mr Deputy Speaker. Is it in order for a Government Minister who has been asked three times for help in lobbying the Home Office about this problem for Scottish fisheries, but who has done nothing about it, to get up and not mention that, yet to make a political point on that very issue?
I just love how we rile SNP Members so much that they have to make fake points of order to try to disrupt the flow of my speech. However, they will not disrupt the flow of my speech when I am criticising the SNP.
I will mention the hon. Member for Na h-Eileanan an Iar again. He referred to a Westminster Hall debate in which a lot of Conservative MPs spoke. The reason why we heard from a lot of Conservative MPs—and Scottish Conservative MPs—was that the SNP lost so many seats in Scotland in so many coastal communities. The SNP lost 21 seats in Scotland because it would not stand up for the fishermen in our country, and we see exactly what it is doing. Those people know that Scottish Conservatives will be standing up for them—[Interruption.] I will take no lectures from the hon. Gentleman as he continues to speak from a sedentary position.
It is extremely important in this debate that we have a robust exchange of views. While there is much in the Bill to support, I have to use this speech as an opportunity to raise my concerns about the withdrawal agreement and the political declaration. Many Members have set out their concerns about the withdrawal agreement and the political declaration, and particularly the first bullet point on page 4 of the outline political declaration. I have to say that I share those concerns. I worry that we may be out of the common fisheries policy but still be in some way tied to a common fisheries policy. I could not support that. I said at a public meeting in Buckie back in March—it was widely reported in both The Banffshire Advertiser and The Northern Scot, so I am sure those at the highest level of government are aware of my concerns—that if a deal did not deliver for fishermen in Moray, in Scotland and across the United Kingdom, I could not support it. My position today remains the same.
I assure the hon. Gentleman that he is lucky I have called him at all, given the time.
I am fully aware of that, Mr Deputy Speaker—I know I am chancing my luck. I start by paying tribute to two individuals who, when I was advising on fisheries issues in the European Parliament, did much to educate me in the world of fisheries, which to many is a foreign language. One of them is sitting in the Gallery this afternoon—Simon Collins, the CEO of the Shetland Fishermen’s Federation—and the other is a constituent of mine from the beautiful fishing village of Stonehaven, Mr Mike Park, who today received an OBE at the palace for his services to marine conservation. It is therefore more of an honour than usual, for professional, personal and geographical reasons, to speak in this debate, as we set a new and historic course, for the first time since 1973 setting our own regulations for management of the seas and determining who may fish in our waters and on what terms.
I strongly associate myself with the comments of the Secretary of State for Scotland, who, outwith this place, has said he is not interested in playing the resignation soap opera. [Laughter.] No, he is not. He has not resigned because, unlike SNP Members, he cares about fishermen and is working hard on this issue. He thinks it far too important to play politics with, which is something I wish the SNP would remember. As my hon. Friend the Member for Moray (Douglas Ross) said, it might be why there are far fewer of them in the House than there were before the general election. If there was ever a time to focus on outcomes for Britain’s and Scotland’s fishing industry, that time is now. We face a sea of opportunity. The House today has a chance to develop a tangible legal framework in which the UK can operate as an independent coastal state, free from the restrictions of the hated CFP.
I am conscious that today’s debate is on the Fisheries Bill, not wider EU relations—not that anyone would know it—but for the Bill to be worth the paper it is printed on, colleagues need to take seriously the reaction across the channel to the withdrawal agreement. As was reported in yesterday’s Times, the French, Spanish, Belgian, Danish and Portuguese Governments want the Commission to reopen negotiations on fishing and impose tougher level playing field rules, and according to reports, and as confirmed by conversations I had today with British fisheries advisers in Brussels, France is leading a charge to guarantee a fisheries agreement giving French and other European fishing fleets access to British waters. I think that everybody in the House would agree that this is completely unacceptable. The Prime Minister has robustly opposed this from day one, and she needs the support of everyone in the House to continue to do so.
This is a good Bill. We are taking back control of our waters, but as it makes clear, we are not pulling up the drawbridge or building some imaginary sea wall down the North sea. We will continue to work with our European neighbours, but we will be negotiating with them as an independent coastal state in the same way as Norway and Iceland. Clauses 7 and 8 make that very clear, by revoking the existing shared equal access policy, setting conditions on non-British boats entering the UK exclusive economic zone and giving us real teeth as an independent coastal state.
As for those shrill siren voices in the environmental lobby suggesting that British control of our own waters will lead to a diminution of standards or a reduced commitment to the marine environment, I would remind them that it was the British Government who were most vocal on the need to implement a discard ban across the EU and who have driven up standards and pushed other countries to be as committed to sustainable fisheries as us and our fishing industry. The UK has always advocated a science-based approach to fisheries management and argued that total allowable catches should be in line with the CFP’s objective and be proposed and set at levels that are at least moving towards maximum sustainable yield-based exploitation rates. That said, DEFRA and the devolved Assemblies could do more to help fishermen and fishing organisations at the quayside to implement some of these environmental policies, as our MEPs demanded in 2015.
(6 years, 1 month ago)
Commons ChamberSorry, but could the hon. Gentleman please do it very slowly, in an antipodean English?
I think the answer might be that the hon. Gentleman could reply in writing, when he reads the record.
(6 years, 1 month ago)
Commons ChamberOrder. Many Members want to speak, so can we try to shave some time off speeches? If Members do not do that, I will have to take the limit down, or we will not get everybody in. I call Pete Wishart.
How many farmers did the hon. Gentleman speak to in his constituency prior to writing his speech? As he knows, my constituency borders his, and farmers in Angus are calling out for clarity from the SNP Government in Edinburgh. They want them to put the national interest before the nationalist interest. They want to ensure that farming has a prosperous future. They want to ensure that the SNP puts its country before party. Can he tell me when—
Order. I must say to hon. Members that interventions are meant to be short, not speeches. I am very concerned about the number of Members who wish to get in. I am going to drop the time limit after this to six minutes, but Members should not be surprised if shortly after I have to drop it again.
I am sincerely grateful to the hon. Lady because the other key point we have been hearing from Conservative Members today is that, apparently, there is no plan or policy from the Scottish Government. Of course we will have a Government Bill. But let me tell Conservative Members that this Bill presented by the Secretary of State is nothing other than an aspirational wish list. What we are doing is consulting with the sector. We will be hearing from our rural champions. Once we have heard back, a clear agricultural policy Bill will be secured to ensure that Scottish agricultural interests are properly looked after—it will not be this aspirational nonsense that we are hearing from this Government. We need an agricultural approach that acknowledges the full horror of a hard deal Brexit and the absolute disaster of a no deal if it comes along.
The Scottish Government’s “Stability and Simplicity” paper sets out a detailed five-year plan to minimise the potential disruption of this Tory Brexit to our rural communities. Our plan will give farmers and crofters stability during a period of unprecedented change not of Scotland’s making. We have always to remember that Scotland wanted nothing to do with this disastrous Brexit policy, and it is up to us to try to clear up this mess to ensure that our farmers are properly protected and that they will be able to do their business. When that consultation is concluded, the Scottish Government will set out their plans, taking into account recommendations from our own agricultural champions and the National Council of Rural Advisers. That is how to frame legislation: speak to the sector involved, ask it what it wants and what it would like to see in the Bill, and then legislate.
On a point of order, Mr Deputy Speaker. I believe that the hon. Member for Perth and North Perthshire (Pete Wishart) inadvertently misled the House. He can look at the record and see that I definitely said that the SNP should be heard, and to say otherwise is obviously wrong. I hope that he will check that and put what he said right.
It is open to any Member to check. Let us crash on now. David Warburton has six minutes.
Order. I will have to bring the time limit down to five minutes; I did ask Members to help, but they did not wish to.
It is a pleasure to follow the right hon. Member for Wokingham (John Redwood), who outlined his vision of a socialist protectionist England in the future, which certainly surprised me.
This has been billed as an historic Agriculture Bill, the first since 1947, but the truth is that it feels like a missed opportunity. I realise that it is an enabling Bill, but there is not enough clarity on other matters, particularly future funding and common UK frameworks. The farming unions across the nations have made it clear that there is insufficient reference to agricultural activity and how it will be supported and incentivised going forward.
I realise that only clauses 22 to 26 cover Scotland, and there is no doubt that policy decisions taken for England can have funding implications for the devolved nations. It is therefore critical that we get to know what the arrangements will be for agreeing future funding settlements. I say to Scottish Tory MPs that the NFUS wants the budgets to be devolved to Scotland to get the clarity that it seeks—the clarity that the Tory MPs say that they are demanding.
We know that Scottish farmers are not getting the £160 million convergence uplift money that they should have received, but Scottish Tory MPs have stood by and achieved nothing on that. How is that deficit going to be addressed? The NFUS has also highlighted the red meat levy, which is costing Scottish farmers £1.5 million a year. How is that going to be addressed? These precedents confirm why we and the Scottish Government are concerned about the direction of policy and funding, yet we are supposed to be relaxed about the power grab and the UK Government’s ability to legislate for Scotland.
One example that could affect farmers is trade and trade resolution. The UK Government have refused to allow devolved representation on the Trade Remedies Board. During the Bill Committee, the then Trade Minister stated that devolved representatives would not necessarily be impartial. He was effectively saying that the UK Government did not trust our representation and that we should just let them get on with it and deal with this for us. Other recent indicators include the early pulling of the renewables subsidy, the broken promises of amendments to the European Union (Withdrawal) Bill and the fact that the UK Government are taking the Scottish Government to court.
Then there was the 2014 campaign, in which we were told that the only way to stay in Europe was to vote no. Well, we know how that has worked out. Scotland voted to remain within the EU, but the referendum result is now having an impact on the fruit and vegetable sector as well as on the food processing sector. The response from the UK Government has been completely inadequate. It was stated earlier that the seasonal agricultural workers scheme is pathetically shy of what is required. Let us bear in mind that the current Secretary of State was the one offering Scotland powers over immigration as a supposed Brexit dividend. What has happened to those powers? It is quite clear that the Tories cannot be trusted. It is therefore imperative that we see what a UK framework for funding will look like, and we need guarantees that it will not be imposed on the devolved Administrations. The NFUS has sought a legal opinion on part 7 of the WTO clauses, and it completely backs up our concerns.
Going back to the UK-wide frameworks, the Farming Minister talks of protecting the UK internal market, yet during questions in the same Committee he intimated that existing funding levels were such that the Scottish Government could not actually skew the internal market. So what is the concern? Why the reluctance? Let us work with the Scottish Government to get the UK frameworks agreed. Some of the more laudable aims of the Bill include the provision of payment for the greater good and environmental improvements. This is logical, although further clarity is required on what the funding arrangements will be and how the different measures will be prioritised.
Positive change can happen. A farmer in my constituency, Bryce Cunningham, farms at the historic Mossgiel farm, which was previously home to Rabbie Burns. He has managed to turn his farm into a fully organic dairy farm in just a few years. He started producing and selling his own milk from the farm as a financial cash-flow necessity during the milk price crisis. Since then, he has undergone the full organic conversion. He has now gone plastic free, and his product is in demand all over Scotland. His is a great story, and Scotland has a great story when it comes to the quality of food and produce that we make and supply. That is why we want to protect and grow those sectors further, and why we want the levers of power to be retained at Holyrood and not to be interfered with by Westminster. At the same time, we are happy to work with the UK Government to agree on frameworks that are in the best interests of the nations.
(6 years, 4 months ago)
Commons ChamberI suggest that we work on the basis of 15 minutes for opening speeches and 10 minutes for speeches thereafter.
(6 years, 6 months ago)
Commons ChamberOrder. May I just say that the advice is seven minutes per speech, so can we please stick to that? I do not want to impose a time limit, but I do want to make sure that everyone gets to speak. Please think of the others, especially if people will not be here at the end of the debate.
My hon. Friend has taken us a slight distance away from the subject at hand, but I must say that I am always willing to listen to any discussion about disposable Japanese chopsticks. On water fountains, when she looks around the Chamber, is she not as horrified as I am to see these carafes and glasses of water? Would it not be an excellent idea to have a water fountain adjacent to the Speaker’s Chair, and perhaps one opposite each of the Front Benches, with disposable, biodegradable cups? Let us start as we mean to go on and let this place be an example to the nation.
I think we will carry on using glasses, which are absolutely environmentally friendly.
Glasses and glass carafes are very environmentally friendly, but my hon. Friend’s comments are of course very interesting, as ever.
I wish to make a serious plea. The hon. Member for Windsor (Adam Afriyie) referred to the glass bottle scheme of the 1970s and 1980s, and how we all enjoyed collecting extra pennies by returning glass bottles. Around that time, probably in the 1970s, it was the Wombles generation and there was a great deal of interest in all these issues. It sometimes seems to me that we really have not gone a lot further down that road. I hope that we can redouble our efforts and look into more options, whether for plastic bottles or other things, because if we do not, as a society and as a world we will have far, far greater problems.
(6 years, 8 months ago)
Commons ChamberIt is a pleasure to respond to this debate, and I congratulate my hon. Friend the Member for Somerton and Frome (David Warburton) on securing it. He spoke powerfully about, and eloquently described, the devastation caused by flooding.
As all hon. Members are aware, flooding can have a devastating effect on people’s lives, not only due to the immediate pressures they face at the time, but because of some of the mental health problems caused, particularly when heavy rain pours down again and they worry about possible future flooding. Indeed, I have supported my own constituents in Suffolk Coastal following flooding in recent years, so I have experienced this at first hand. The Government continue to invest in better protecting communities from flooding, and I know that you are very keen for us to invest in Lancashire, Mr Deputy Speaker. It is also important, however, that we empower those communities to take further action. I am very pleased to say that my hon. Friend is correct that the Government support his private Member’s Bill on rivers authorities and land drainage. That modest Bill could, if successful, deliver real change.
As my hon. Friend will be all too aware, the Somerset levels and moors are a complex environment of highly managed lowlands that are often susceptible to flooding. The flooding in 2013 and 2014 was some of the worst experienced in living memory, especially for the people of the Somerset levels and moors. Many homes, businesses and farmlands were affected, with whole communities cut off as the main roads and railways became impassable. Alongside that, there was significant flooding over the Curry and Hay moors, a site of special scientific interest. This unique area is susceptible to flooding from rivers, because of the artificial raised banks they flow along, and from the coast and the Bristol channel’s tidal range, which is the second highest in the world. Not only does that cause tidal flooding, but it holds back floodwater and makes river flooding worse. Added to that, the low lying land acts as a reservoir holding back the floodwater.
As my hon. Friend pointed out, following those floods, there was a strong political desire for co-ordination across the county to devise a bespoke new initiative. That was why, in January 2014, my right hon. Friend the Member for North Shropshire (Mr Paterson), the then Secretary of State, asked Somerset County Council and the Environment Agency to work with the local community to come up with a flood action plan considering the various options for how flood risk could be managed on the Somerset levels and moors over the next 20 years.
That flood action plan led to the concept of a new body—a rivers authority—and recommended the creation of such a body in Somerset. This was done with the aim of creating a way for the different bodies that have a responsibility or interest in flood risk management to work together better. The Somerset Rivers Authority was formally established in January 2015. It is a partnership between 11 of Somerset’s existing flood risk management authorities: Somerset County Council, the five district councils, the Axe Brue and Parrett Internal Drainage Boards, the Environment Agency, Natural England, and the Wessex Regional Flood and Coastal Committee.
I understand how important this issue is to the people of Somerset. Like my hon. Friend, I support the work of the Somerset Rivers Authority, which I had the opportunity to see for myself when I visited Somerset last year. The SRA’s role is to co-ordinate the local flood risk management authorities, utilising the expertise of individual partners. It also supports additional flood risk management works that may not otherwise have been possible, such as enhanced river maintenance, including on ordinary watercourses. It does not seek to replace existing flood risk management authorities or their funding mechanisms.
As my hon. Friend said, the Government supported the Somerset Rivers Authority in the beginning with £1.9 million of start-up funding, and a review into the long-term funding options was commissioned. The review recommended giving the Somerset Rivers Authority precepting powers to raise funds for additional flood risk management. To secure the SRA’s future, we would need new legislation to give the Secretary of State power to create rivers authorities and add them to the category of major precepting authorities under the Local Government Finance Act 1992. I am pleased that that is provided for in clause 1 of my hon. Friend’s Bill.
Not only do the Government want to bring forward these measures, but they are what the local community in Somerset has been calling for. I therefore hope that the Bill will make progress through Parliament. However, such a decision is not made lightly. The Government recognise that any precept will be funded by taxpayers, but that is already the case under the interim arrangements. The existing funding arrangements for the SRA are far from ideal and a permanent solution is required. Making the SRA an autonomous precepting authority would make it more transparent and ensure that money is ring-fenced solely for its important work. Adding the SRA to the category of major precepting authorities will also mean it is covered by the safeguards set out in the 1992 Act, including the requirement for a referendum if the precept exceeds a set amount.
The Bill also sets out how, through regulations that Parliament will have the opportunity to scrutinise further, the governance of a rivers authority should be established. Although my hon. Friend is right to say that a new category of major precepting authorities will be created, the situation in Somerset is unique, because the complex interplay of water means that such matters are self-contained within the county. Were the Bill to be enacted, the Government would implement the necessary regulations promptly.
My hon. Friend mentioned internal drainage boards. As he pointed out, three of those are included in the Somerset Rivers Authority: Axe Brue, North Somerset Levels, and Parrett. He will recognise how effective they have been in their ongoing work with the authority. IDBs are among the oldest forms of democratic decision-making structures in the UK, with their history going back to the 13th century. Their main focus then was the drainage of agricultural land in low lying areas, but they have since evolved to play a much wider role, and they remain to this day a key partner in local flood risk management. That includes playing a major role in the identification and delivery of capital projects in local communities.
That model has worked well around the country, including in Suffolk Coastal with the East Suffolk IDB. However, as my hon. Friend said, not everywhere has such a body, and many of those that already exist would like to expand their boundaries. One place without an IDB that has suffered devastating flooding in recent years is Cumbria. It has requested new IDBs, in particular for Lyth Valley and Waver Wampool. As with the SRA, those requests have arisen from a flood action plan that was devised after significant flooding. However, a combination of issues is stopping the creation of those bodies. There are missing or incomplete valuation lists from 1990, and existing legislation does not allow for any other valuation lists to be used. That prevents IDBs from being able to value the land and determine the special levy they charge. That applies to the creation of new IDBs and the expansion of existing ones, so a change in legislation is required.
My hon. Friend has been generous in the Bill that he presented to the House for First Reading on Monday. He has ensured that such a change will be achievable through three additional clauses that will help to create new internal drainage boards where there is local consensus. The measures will also enable existing boards to expand, again where there is local consensus. In short, the Bill will enable the Secretary of State to establish an alternative methodology for calculating the value of other land in an IDB, and it will enable the Valuation Office Agency to share the most up-to-date information. Finally, it will enable the Secretary of State to establish an alternative methodology for the calculation of the value of chargeable property, agricultural land and buildings in an internal drainage district. All three clauses include regulation-making powers that will be subject to the affirmative procedure, thus providing Parliament with the opportunity to scrutinise them further. I restate that such changes will go ahead only if local communities want them.
The Government support my hon. Friend’s Bill and what it is trying to achieve, and I am aware, Mr Deputy Speaker, that there is appetite for the creation of an internal drainage board in Lancashire. The SRA and IDBs play an important role across the country, and in particular they play a crucial role in local flood risk management. I hope that the debate has demonstrated that to the House.
The unique challenges of the Somerset levels and moors make it necessary and appropriate to create the Somerset Rivers Authority, and to put it on a secure footing to allow it to co-ordinate and manage flood risk into the future. This important body could do even more with secure funding each year. I am very grateful to my hon. Friend for using this debate as a way to discuss his Bill. I am confident that this good debate will continue and that hon. Members will want to debate the Bill further in Committee once it receives, as we hope, its Second Reading a week on Friday.
On International Women’s Day, I want to place on record my thanks to the permanent secretary in the Department for Environment, Food and Rural Affairs, Clare Moriarty. She still in a minority across the civil service as a permanent secretary, but she shows great leadership in our Department. I also want to point out not that I have not found time to buy a card for Mother’s day, but that for many people in this House, their woman of the year will always be their mum. I want to wish my mother the best for this Sunday. I promise, Mr Deputy Speaker, that I shall go out and buy a card straight away after this important debate.
(6 years, 8 months ago)
Commons ChamberOn a point of order, Mr Deputy Speaker. I had intended to make this point of order when the hon. Gentleman stopped speaking, but I feel that he might be in the middle of a “Stackhouse filibuster”. Earlier today, Toys“R”Us announced that the company has gone into administration. That has ramifications for the store in Parkhead in my constituency. I have spent the majority of today trying to get in touch with the administrators of Toys“R”Us, with no success. Have you been given advance notice of any ministerial statement tomorrow? How can Members of Parliament do their job if they cannot get in touch with the company to seek security for the staff who work for it?
Normally I would not take a point of order at this stage, but as Sir Christopher has only just cleared his throat in making his speech, I recognise that it would be frustrating for the hon. Gentleman not to get in. The matter is on the record now. I have been given no notice of a ministerial statement about the serious issue at Toys“R”Us. I do recognise that you are representing your constituents. I hope that the message has gone out loud and clear that Toys“R”Us should be linking up with the Member of Parliament to ensure that you can represent the rights of the workers there.
Unfortunately my children and I are so old that they do not benefit from visits to Toys“R”Us, but it is very sad when any long-established business goes into administration.
If I may say so, that is a more plausible explanation than the one being put forward by my hon. Friend the Member for Torbay, but I think we have said enough about that. We will hear what he thinks when he responds to the debate.
I turn to amendments 6, 7 and 8 to clause 3. The petitioners are concerned that the requirement that the commissioners must take the committee’s views into consideration has limited use, because the commissioners could say that they have taken those views into consideration but found them to be of no value. The only remedy for any such failure to take the committee’s views properly into account would then be judicial review, which is strictly time-limited, expensive and hugely unreliable, with historical bias, they think, in favour of authorities. I do not know about that, but certainly they are right in saying that judicial review is a long-winded and potentially expensive way of seeking redress.
In the light of those concerns, I have tabled amendment 7 to clause 3(6), which would mean that instead of the commissioners being required to “take into consideration” any matter, they must “give full” consideration. There is a difference between taking into consideration and giving consideration. If the commissioners gave full consideration to any matter, that would be useful.
To reinforce that point, amendment 8 would add a sentence to the end of subsection (6), which would then say that the commissioners give full consideration to any matter, recommendation or representation which may from time to time be referred or made to them by the committee
“and in the event of not accepting such a recommendation or representation give full reasons for that decision.”
That would provide the sort of protection that the petitioners seek and would strengthen clause 3 and make it an even more effective addition to the Bill.
Amendment 9 to clause 4 would leave out subsection (2). It is in essence a probing amendment, to draw attention to the whole issue of charges and constraints upon the way in which charges can be made, which, as has been said, is a useful amendment to the Bill. I am suggesting that it could be linked more specifically with each of the different uses for which charges will be recoverable.
Amendment 10 would mean that in exercising the power under clause 4(1)(a), rather than the whole of subsection (1),
“the Commissioners must aim to secure that, taking one financial year with another, the income from charges under that subsection does not exceed the annualised costs incurred by the Commissioners in exercising their functions in respect of navigation under the navigation Acts.”
It seems that that relates to the use of any waterway by any vessel. Those would be the charges for the use of the waterway, and they would link in directly with the functions in respect of navigation under the navigation Acts.
I am much more dubious about linking in the reasonable charges for the provision of services and facilities in respect of the waterways and their banks, because they are not separated out from the more general, nor is the requirement for registration of any vessel under navigation byelaws. Those charges should be separately identified and accounted for, and they should undergo this test: taking one financial year with another, the charges under those subsections should not exceed the annualised costs. This is a refinement of clause 4, and I think that it would improve the clause significantly.
Amendment 11 also deals with the annualised issue. The effect of amendment 12 would be as follows:
“The Commissioners may revise, waive or remove any charge fixed under subsection (1)(a), and different charges may be fixed for different cases or classes of case.”
The amendment would extend the commissioners’ discretion, while making sure that it was specific to the different categories of activity for which they can recover charges.
Amendment 13, which is a probing amendment, would leave out subsection (4). I hope that we will hear further explanation of why the commissioners want to
“make the use of the services and facilities referred in subsection (1)(b) subject to such terms and conditions as the Commissioners may specify in writing.”
The most radical amendment that I have tabled to clause 4 is amendment 14, which I hope will find favour with Members from across the House. The amendment would add, at the end of the clause:
“No charge shall be payable in respect of the use of a waterway by a vessel being used by a person who is registered disabled”.
I raise that because there is quite an issue about disability, the use of waterways and the use of powers similar to those sought by the promoters of the Bill. Such powers have been abused on occasions, and disabled people have been severely pilloried and discriminated against. Why should it not be possible to exempt disabled people from these charges?
I have been sent a press cutting dated April 2015 from Wiltshire, where a disabled boat owner who lived on the Kennet and Avon canal faced costs of up to £76,000 as a result of action that was taken against him by the Canal and River Trust. The individual was living on incapacity benefit and disability living allowance. Instead of allowing him to repair his boat over a period of time, the trust strictly imposed the conditions of his licence and required him to vacate his boat, which was also his home. Insult was added to injury by the fact that he was denied legal aid, and he was instead represented by the legal officer of the National Bargee Travellers Association.
Order. Sir Christopher, I am just waiting to see how this links in with the Bill.
It links in with my amendment 14, Mr Deputy Speaker, because amendment 14 would exempt—
Order. I am more bothered that this is about the Avon canal and that particular individual, who is not actually on the Middle Level or affected by it. I understand you making a reference, but not in detail.
My hon. Friend is making a very informative speech. He will recognise that other Members are affected, other than just those from the fens, because the River Nene—or “Nen”, depending on which part of my constituency someone is from—flows into the Middle Level. So this issue is wider than just a local area.
It is very important that my hon. Friend has been able to put his interest in this subject matter on the record.
Amendment 17 relates to clause 9, which addresses stranded, grounded and sunken vessels and vehicles. The amendment would remove the subsection 3, which states:
“Whenever any vessel is, without lawful authority, left or moored in any waterway the Commissioners may after serving not less than 28 days’ notice on the owner of the vessel, unless it is not practicable after reasonable inquiry to ascertain the name and address of the owner, raise and remove the vessel.”
As set out in the rest of clause 9, it is perfectly reasonable for a vessel that is stranded or abandoned in a waterway and is interfering with navigation to be removed quickly. However, when one takes into account the very wide definition of “waterway”, the inclusion of subsection 3 is potentially oppressive. It could mean that the commissioners could, for example, go into a marina and raise and remove a vessel at considerable cost after no more than 28 days’ notice. The amendment would therefore remove that power from the Bill.
Clause 11 relates to the requirements for registration and incorporates a very important amendment promoted by the March Cruising Club and others on the charges and the amount by which they could be increased in any one year. It introduces a requirement that such charges should not increase above the rate of inflation as defined by the consumer prices index. Many boaters—some may be represented by my hon. Friends here this evening—are not very well-off in financial terms and need to be able to plan their budgets ahead. When they work out the costs of having a vessel on the waterway, they need to have the certainty that the charges levied cannot be increased by more than the rate of the CPI each year. By analogy, the Government have said that council tax should not increase by more than the CPI. They have made some exceptions to that recently, but the general proposition is that they cannot be increased by more than the CPI.
Much as I would like to agree with my hon. Friend, there has to be some discretion, because the fees needs to relate to the powers and duties that will be carried out and funded by them. One of the clauses that we looked at earlier specified that the money for the fees had to be spent on various things, particularly, for example, on navigation.
Can I just help a little? In fairness to Mr Bone, he was not here, but you do not need to explain what we have already discussed and we do not need to go back over it. I know that you were not attempting to do so—come on, Sir Christopher!
Okay, amendment 26 is to clause 15, line 38. The clause, on the protocol of removal of vessels, states:
“The Commissioners must, in consultation with the Navigation Advisory Committee, prepare, publish and maintain a protocol on the use of powers under or by virtue of this Act to remove vessels.”
My amendment proposes to change “in consultation with” to “in conjunction with”, because it seems to me that the Navigation Advisory Committee should work jointly with the commissioners rather than just in consultation with them on this important matter. Again, amendment 25 tries to reduce the powers conferred upon the commissioners under clause 14(4) and how they can be exercised.
As I said at the beginning, this is a much improved Bill, compared with how it was. It has now reached the stage where, because all the amendments have been grouped together, it would not be sensible to test the will of the House on each one—I am glad that you agree with me on that proposition, Mr Deputy Speaker. However, the Bill’s promoters are worried about whether the fact that we are discussing these things in the House today means that they cannot be discussed further when the Bill gets to the other place. My understanding is that when it goes to the other place, there is a fresh opportunity for people to put in petitions, in which they can include whatever they wish to, and I am sure that the other place will build upon the discussions that we are having this evening and have had prior to it, so that eventually, the Bill will be even better than it is now.
(7 years, 7 months ago)
Commons ChamberI am sure that this has got a lot to do with Northern Ireland.
Absolutely, Mr Deputy Speaker. The hon. Gentleman has referred to old cars that have a bit of age on them, but some of the stats that come out refer to new cars, which are also failing to filter out polluted air. It is said that some 10 million toxic particles are taken in with each breath by a person in a new car. If that is the case and it is down to poor ventilation, does he agree that this Government need to address not only the diesel scrappage scheme but new vehicles that are failing to meet standards?
Of all the Members I have served with during my seven years in this House, the hon. Gentleman is the only one who could shoehorn an intervention about Northern Ireland into a debate about Islwyn. I welcome that.
Can I just say that I do not think he did? I was just showing leniency from the Chair.
I was trying to be kind and charitable to the hon. Gentleman, as he has always been to me. He raises a pertinent point. The Government need to show political will, but the motor industry, including HGV and freight, also needs to make an effort.
As I have said, there is an average of five deaths a day in Wales due to air pollution. That means that between now and the general election on 8 June, 215 people in Wales will lose their lives due to this Government’s inaction. Those most at risk of contracting lung diseases from exposure to air pollution are the two most vulnerable groups in society: young children and the elderly.
On the Hafodyrynys Road in my constituency, one of the residents—a pensioner—suffers from chronic obstructive pulmonary disease. He says that the fumes on the road make it even harder for him to breathe. Another resident, who moved to the road in 2014, has visited the hospital four times since moving there and has been diagnosed with a leaky heart valve. That is further aggravated by the exposure to nitrogen dioxide. Furthermore, a mother of two young children says that the fumes affect her son so badly that he has been prescribed an inhaler to help him breathe. That is just not right. People should be able to leave their homes without having to worry about their health, and to enjoy the outdoors. Instead, my constituents on that road are being made to feel like prisoners in their own homes.
The situation has become so desperate for my constituents on Hafodyrynys Road that half of the residents have called on the local council to purchase compulsorily and demolish their homes so that they can relocate. How can it be acceptable that people have got to the point that they feel that they have no other option than to see their homes demolished? Residents cannot afford to live elsewhere, as they know that their current properties will not sell due to the adverse publicity about pollution in the area.
This is a public health crisis and the Government are choosing to ignore it. In Wales, pollution is the second biggest killer after smoking. When it comes to breathing in toxic diesel fumes, many people do not have a choice. DEFRA has had plenty of chances to tackle the issue, but it has chosen to let my constituents down every time. Illegal levels of air pollution have become the norm in Britain, and residents in areas such as Hafodyrynys are helpless to do anything about it. It further worries me that there is a primary school just a mile from the road, putting young children at risk of the health complications caused by exposure to nitrogen dioxide.
I am not the only one incensed by the issue of air pollution. I pay tribute to local councillor Andrew Lewis, who has been at the forefront of the campaign for better air quality in Hafodyrynys. The Mayor of London and public health bodies have all called on the Government to do more. Just this week, my hon. Friend the Member for Workington (Sue Hayman) asked the Environment Secretary an urgent question. The Secretary of State said that her Government are committed to leaving the environment in a better state than they found it. Those are empty words, because at every opportunity they have been given to take action they have proposed inadequate plans. The Government have had long enough. It is clear where their priorities lie and, based on the evidence, it is not with the environment or the health of the British public.
My constituents want illegal and toxic pollution levels to be vanquished, as I am sure do the other 40 million people living in areas of the UK with illegal levels of air pollution. That is entirely achievable, if the Government show political will.
Order. Let us see if we can help. We are nearly at the end. What we do not want is sideshow arguments. Please continue and I am sure that interventions will be possible when the Minister sums up the debate.
I have to say, Mr Deputy Speaker, that the Conservative Government have been in power for seven years. Their default position is to blame Labour for everything and that just will not wash. They have had seven years.
Although encouraging people to walk or use public transport and increasing taxes on diesel-fuelled vehicles are necessary measures, they are not enough to reduce the fumes. The Government need to commit to making clean energy alternatives more accessible to the public, particularly for those using HGVs. An increase in clean air zones in cities across the country with illegal levels of air pollution is also necessary to protect the health of our citizens.
It is not just the public’s health that is at stake. Illegal levels of air pollution drive down house prices and can also lead to businesses deciding not to invest in the area. What is more, nitrogen dioxide has detrimental effects on the surrounding wildlife. My constituency has a booming agricultural industry, with farms and woodland such as those on Cwmcarn Forest Drive, located very close to the Hafodyrynys Road in Islwyn. It is not fair that the environment and these businesses should have to suffer due to the Department’s inaction.
It is not just Hafodyrynys Road that is at risk. As my hon. Friends the Members for Caerphilly (Wayne David) and for Blaenau Gwent (Nick Smith) have mentioned, they have the same problems in their valley constituencies. Last year, Hazrem Environmental applied for planning permission for a waste transfer plant in Cwmfelinfach in my constituency. It is just a few miles down the road from Hafodyrynys. It was down to the campaigning of the Lower Sirhowy Valley residents’ group, led by Alan Sharpe, Councillor Philippa Marsden and Councillor Jan Jones, that that did not go ahead. I mention that because it was discovered that the valleys have a microclimate. Basically, the fumes reach up into the air and are trapped between the hills. These are not safe places for diesel fumes to escape or for waste transfer plants. I say to any company that wants to put a waste transfer plant in any valley constituency—whether mine or those of my hon. Friends—that these are not places that lend themselves to such planning applications, and they have to stop right now.
I urge the Government to see the air pollution situation not just in Islwyn but the entire country for the public health emergency that it is. People are dying prematurely at an alarming rate. The greatest tragedy is that it could easily be prevented, but the Government chose not to stick to their original timetable to deliver a competent and much needed air quality strategy. As one of the wealthiest countries in the world and at the forefront of tackling global environmental issues, we have the resources to put into place an effective and successful air quality plan. I urge the Minister and the Department to delay these plans no longer, and to end the suffering of so many people in my constituency and other affected areas in the UK.
If I may seek your indulgence, Mr Deputy Speaker, this will probably be the last time I speak in this Parliament, so I pay tribute to Mr Speaker and to you and the other Deputy Speakers for the way in which you have chaired Parliament over the past two years and for the years before that. I thank all the members of staff who look after us, especially the security staff, and the Doorkeepers, for all they do to keep this place ticking over. I also pay tribute to Members on both sides of the House. We often attack each other and score political points, but there is deep warmth, friendship and affection among us, as we saw a couple of weeks ago. I thank everybody and pay tribute to them for the experiences I have had in my seven years in this place. I hope that I will be back in June.
(7 years, 7 months ago)
Commons ChamberThe inquiry we are debating was conducted by a Sub-Committee of the Environment, Food and Rural Affairs Committee, and I was very pleased to participate as a member of it. We ordered our detailed report to be published on 2 November 2016, following scrutiny of 256 items of published evidence, seven evidence-gathering sessions and three site visits. I am very grateful to a number of organisations, including Pup Aid and the Scottish Society for Prevention of Cruelty to Animals, for the briefings they have provided for today’s debate.
I should say at the outset that the inquiry caused me, and I believe other members of the Committee, significant distress from listening to accounts of serious animal cruelty and, indeed, viewing at first hand animals in recovery shelters and those held in horrific conditions in puppy farms. The treatment and the plight of many of the animals we saw is simply unacceptable. As other hon. Members have done, I want to focus on two aspects of the inquiry: first, the recommendation that an immediate ban be placed on the third-party sale of dogs; and secondly, the recommendation that the maximum penalty for animal welfare offences in England be increased to five years in prison.
This inquiry learned that dogs are bred, sold and traded every single day. While the scale of the market for puppies in England is largely unknown, estimates suggest that somewhere between 700,000 and 1.9 million dogs are traded each year, with a street value of somewhere between £100 million and £300 million per annum. The public purchase puppies from a variety of sources, including unlicensed breeders and back-street traders, commercial licensed breeders and pet shops, illegal importers, Kennel Club registered breeders and excellent rescue organisations. Unlicensed breeders, commercial licensed breeders and illegal importers are the sources that caused us concern. We identified a significant variation in the quality of puppies, their viability and the welfare problems experienced by dogs from these sources.
The Breeding of Dogs Act 1973 and the Breeding and Sale of Dogs (Welfare) Act 1999 set out the licensing regime under which local authorities license dog breeding establishments in England. The legislation states that anyone carrying on the business of breeding and selling puppies must have a licence irrespective of the number of litters. However, owing to a lack of clarity, many local authorities in England have interpreted the legislation to mean that a licence is required only for those breeding five or more litters during a 12-month period. As a consequence, a large number of breeders are considered to fall outside the current licensing regime, which means there is no record of the dogs being born and no enforcement of welfare standards.
DEFRA’s recent consultation on its review of animal licensing establishments noted that there was confusion about the threshold and about how it should be used in practice. DEFRA has proposed clarifying the threshold at which a breeding establishment requires to be licensed, suggesting that in the future the requirement for a licence would be applied to
“(a) anyone in the business of breeding and selling dogs; or (b) anyone producing three or more litters from their dogs in a 12-month period.”
Witnesses told us that they want a lower threshold. In fact, experts in animal welfare argued that anyone breeding two or more litters per year should be required to register as a breeder. The view is that while one litter might be unintended, anyone producing more than one litter a year is clearly running a business breeding dogs for sale, and I agree with that opinion. Witnesses also told us that those falling below this threshold should be registered with their local authority. For example, the National Companion Animal Focus Group told us that a registration scheme would
“ensure licensing authorities are aware of breeding dogs in their area, and can monitor when they fall into the definitions of commercial breeding”.
I also agree with that opinion. It is vital to bring transparency to ensuring that appropriate welfare standards are in place. For that reason, the Committee recommended that anyone breeding two litters or more per year should be licensed as a breeder, and that those falling below the threshold of a licensed breeder should be registered with their local authority.
Turning to commercial breeders, current requirements dictate that anyone who carries on a business of breeding dogs for sale must hold a licence from their local authority and meet certain conditions, such as providing suitable accommodation, food, water and bedding. Dog breeders are supposed to keep records to show compliance with those requirements. Puppies bred at licensed commercial breeding establishments are required to be sold at those premises or at a licensed pet shop. This is where the problems arise. Undoubtedly there are very good commercial breeders, but in evidence we encountered far too many examples of those requirements being ignored, with puppies being bred in substandard conditions on an industrial scale. Some of those establishments house as many as 200 breeding bitches. The cruelty and lack of care and attention was self-evident. In evidence, the Minister acknowledged that enforcement of the licensing regime was a “mixed picture”, with local authorities placing different levels of emphasis on it. That is an understatement.
We call for improvements in two areas in particular: the current legislation and licensing conditions, and the enforcement of the licensing regime. The current enforcement of the licensing regime is simply unsatisfactory. While some local authorities have developed expertise in animal welfare, the overwhelming majority of English local authorities lack any suitably qualified inspectors. We believe that a national inspectorate, which local authorities could call upon, would enable expertise to develop, bring consistency to the licensing process and support local authorities in enforcing the licensing regime, undertaking inspections and dealing with complaints.
In respect of illegal importers, we found that puppies are being imported for commercial purposes under the non-commercial trade rules that were set up to allow the free movement of people’s pets through the pet travel scheme. Witnesses told us that loopholes originating in the UK mean that the pet travel scheme is abused by unscrupulous dealers and traders. Puppies are being moved as pets and then traded commercially at the final destination. Between the introduction of PETS in 2011 and 2015, there was an 850% increase in the number of dogs entering the UK from Lithuania alone. From Hungary the increase was 761% and from Romania it was 2,055%. As hon. Members have noted, puppies imported in that way are routinely bred in horrific conditions, are taken from their mother when too young and endure long journeys of over 1,000 miles. The welfare of those animals is severely compromised and many do not survive the journey.
During our inquiry, witnesses identified three areas of concern: the age at which puppies were allowed into the UK; a lack of enforcement checks by Border Force; and poor intelligence sharing between UK enforcement agencies. When buying a puppy, members of the public want to buy a happy, healthy animal from a reputable source; however, disreputable dealers are selling animals for huge profits without regard for their health and wellbeing, and leaving families with congenitally unviable, sick animals.
Witnesses told us that the Pet Animals Act 1951 was “thoroughly outdated” and that there is lack of clarity about what is and is not licensable activity. They had differing opinions on how to deal with current problems around the sale of animals. Some called for increased regulation, while others called for a ban on third party sales. On that point the RSPCA bizarrely changed its position several times within the period of the inquiry. The charities Dogs Trust and Blue Cross lobbied Ministers directly in ways that appeared to promote their narrow business interests rather than animal welfare, and disappointingly have chosen not to answer my subsequent correspondence seeking clarity on their position.
On this issue there is no excuse or room for implausible arguments. The Committee’s recommendation to ban third-party sales is essential if unlicensed breeding, commercial breeding and illegal importation are to be brought to an abrupt end. Removing the opportunity to sell abused animals would address the issue. The advice to the public is simple: never buy a puppy that is not with its mother. Those ignoring that advice are supporting horrific puppy farming and regimes of cruelty that are of epic proportions.
I am coming on to my conclusion, Mr Deputy Speaker. Turning to sentencing policy, the sub-committee found that England and Wales has the lowest maximum custodial sentences for animal cruelty in Europe. Scotland currently has a maximum sentence double that of England and Wales, and Northern Ireland is to be applauded for recently increasing its maximum limit to five years. Our witnesses expressed grave concern that sentencing powers under the Animal Welfare Act 2006 are too low, neither recognising the seriousness of the offence nor acting as a significant deterrent.
The Association of Lawyers for Animal Welfare noted that sentencing powers in England under the Animal Welfare Act are some of the weakest within the international community. The RSPCA noted increasing inconsistency in sentences available in differing animal legislation in England. For example, the Law Commission recently recommended the imprisonment for up to two years for cruelty to wildlife. Under the Anti-social Behaviour, Crime and Policing Act 2014, a person can be sentenced to three years if their dog injures a guide dog, but for only six months if they beat their dog to death with a baseball bat in front of their children in their living room. If the same individual then dumped the corpse illegally, they could be sentenced to five years for fly tipping. If they stole the baseball bat, they could receive a sentence of seven years for shoplifting. This is ridiculous and unacceptable.
DEFRA responded to the inquiry report on 27 January 2017. The response began:
“We have the best animal welfare in the world and we are a nation of animal lovers.”
I say to the Minister that in fact England has some of the poorest animal welfare in the world. I have seen it. If he really wants to show respect to animal lovers in England, of whom there are very many, he must implement the Select Committee’s recommendations.
Order. I ask those on the Front Bench to try to stick to nine minutes, otherwise Members in the second debate will not be able to speak.
(7 years, 10 months ago)
Commons ChamberIt is a great pleasure to speak in this debate. I am doing so for two main reasons. First, I want to pay tribute to my hon. Friend the Member for Ribble Valley (Mr Evans). He was my first ever MP; I remember his election back in the early ’90s. Secondly, I was in Ribble Valley on Boxing day 2015 at my parents’ house, which is about four miles from Whalley. I grew up just outside Ribchester, which I have seen flood in the past. We woke up on Boxing day and we were all supposed to go off to a pantomime. I looked across the hill and asked, “What’s that?” A new river had grown up. I grew up in Lancashire and I know what wet weather is, but I had never seen anything like it.
My hon. Friend said he thought about what he could do. I pay tribute to him: what he did was really remarkable. My friends and family in Ribble Valley were really touched, particularly my auntie Pauline who was with my hon. Friend at The Dog Inn on new year’s eve in the square. My hon. Friend has been a fantastic constituency MP and parliamentarian for more years than we know because he looks very youthful. He has done great things, and I thank him for securing this debate.
The River Ribble, the historic border between north and south, flows from Yorkshire into God’s own county of Lancashire, and the flood plain is in my constituency of South Ribble. I share that great river with my hon. Friend. My constituency, like my hon. Friend’s and yours, Mr Deputy Speaker, had bad flooding on Boxing day 2015 when Storm Eva struck. The constituencies of my hon. Friend the Member for Morecambe and Lunesdale (David Morris) and the hon. Member for York Central (Rachael Maskell) were also affected, although Storm Desmond may also have been involved in those places. Various other parts of the country were affected.
I pay tribute to the local groups. We had flooding in Leyland, but work was done by my constituent, Celia Whittaker, and the Leyland flood action group. In Eccleston, Gillian Jamieson and other members of the parish council did sterling work to rebuild the parish hall back in November. Hon. Members may remember the views of the Chinook flying over Croston, which has three rivers, to assist with the breach in the River Douglas. I believe that Chinook was actually flown by one of your constituents, Mr Deputy Speaker—a member of the Chorley air cadets, of which you are president.
There are also flooding issues in the areas of west Lancashire in my constituency. I know that the Minister is aware of the situation with the flood pumps in Alt Crossens. The villages of Rufford, Croston, Banks and Hesketh Bank are all affected. Trying to stay on topic, there is concern in South Ribble about the progress of the Preston and South Ribble flood scheme. As the Ribble leaves urban areas, the last bridge, although we hope to have another, is at Penwortham in my constituency, with Preston on the other side. Flood defences were built up in the early 1980s but they are not ideal when there is a high tide and rain such as that which we saw on Boxing day 2015. I have walked the area many times, including in the summer with representatives from the Environment Agency. I know that there is funding, but we are hoping that it will be matched by the Department. I would be grateful if the Minister could say something about the progress there.
I pay tribute to Croston flood action group; to the parish council, whose members actually man their own pump; and to Kath Almond and Anne Peet, who came down to No. 10 when there was a reception for flood heroes in spring last year. Businesses in Croston have been very resilient. In fact, I went to Croston on Boxing day 2016. It was a beautiful, sunny day with blue skies and I wanted to see how people were. Jon Lilley, the publican of The Wheatsheaf, said that things were difficult but that the village really drew together. I think the people have weathered it well, but I met another constituent who has been badly affected by damage to his property and to the mental health of his family. As all hon. Members who have faced such a situation in their constituency know, flooding does not just affect possessions. There is a sense of people watching out for every flood warning and thinking, “Is it really going to happen again?”
Flooding is a complicated issue because rivers and waterways are complicated. We need to be creative in how we deal with water upstream, because what happens in Whalley and Walton-le-Dale affects what happens down in Penwortham. I pay tribute to my hon. Friend the Member for Ribble Valley for the great work he has done on the matter and for being such a wonderful champion for Ribble Valley. I look forward to the Minister’s response.