Infrastructure Bill [HL]

Lord Teverson Excerpts

Tuesday 8th July 2014 Grand Committee

[Baroness Parminter]

My Lords, after the destruction of habitats, the introduction of invasive non-native species is perhaps the most urgent threat to biodiversity. There are more than 3,000 non-native species in Britain today. Some are very familiar, such as the grey squirrel or the Himalayan balsam that clogs up our riverbanks. Others are less obvious, such as the signal crayfish or harlequin ladybirds, but their impacts can be just as serious.

The economic impact of invasive species on the UK has been estimated at £1.8 billion every year, which includes £1 billion to the agriculture and horticulture sectors and more than £200 million to the construction, development and infrastructure sectors. More personally, invasive non-native species impact on our sense of place—what makes our corners of Britain distinctive and precious. That is why it is important for the Government to act. I warmly welcome the principles behind Clause 16, which would introduce new powers to compel landowners to take action on invasive non-native species or permit others to enter their land and carry out those operations. However, I have introduced Amendments 64A and 65A to explore two apparent weaknesses in the drafting of the clause.

The Bill defines a species as non-native if it is listed in Part 1 or 2 of Schedule 9 of the Wildlife and Countryside Act 1981, or if,

“it is not ordinarily resident in, or a regular visitor to, Great Britain in a wild state”.

Both of these definitions seem to me to be rather problematic. Defining something as non-native if it is not ordinarily resident in Britain could end up rendering species that have gone extinct as non-native, just because they are not currently resident. As it is drafted, new paragraph 2(3)(b) of Schedule 9A effectively sets the status quo of British biodiversity in law—a one-way system for biodiversity loss, as once an animal ceases to appear in the wild, it ceases to be native.

Of course, this definition applies in the case of species-control powers, so I accept that it will be up to the environmental agencies when to use those powers. However, it would seem perverse to create a legal definition of “non-native” that could apply to species that return to our shores after becoming extinct, or that we wish to reintroduce. I am concerned that this definition could create a precedent or perhaps interfere with important future reintroduction programmes. Reintroductions help to enrich biodiversity in the UK, contribute to international conservation and improve people’s enjoyment of nature. Species that were once indigenous to the UK that have been reintroduced include capercaillie and short-haired bumblebees.

The second problem with the definition in the Bill is that it would define animals and plants listed in Part 1 or 2 of Schedule 9 of the Wildlife and Countryside Act 1981 as “non-native”. Why would that apparently define several species that are currently resident as non-native? The schedule was last revised in 2010. Part 1 lists:

“Animals which are established in the wild”,

and currently includes 67 non-native species that are considered invasive, such as the grey squirrel. However, it also includes nine species or birds that are indigenous, two of which became extinct in Britain but have been reintroduced: the capercaillie, which I mentioned previously, and white-tailed eagles. Birds such as the barn owl, the chough, the corncrake, the goshawk and the red kite were added in 2010. Amendment 64A would exclude indigenous species from the lists in Schedule 9, so species such as the white-tailed eagle would not be wrongly defined as non-native. Amendment 65A would simply add the words,

“and has never been indigenous to”,

to the definition of “non-native species”. Ecologically, “indigenous” refers to the presence of a species in a region as a result of natural processes, without human intervention. My amendment would therefore exclude from the definition of “non-native” animals that were once naturally resident in the UK and have at some point gone extinct.

Clause 16 seems to define as “non-native” several species that are in fact indigenous to the UK. There is an important principle at stake here: that species that have gone extinct, often because of human actions, should not subsequently be considered non-native. My amendments are intended to help to improve the definition of “non-native”, and equally would help the Government to commit to enhance the UK’s biodiversity, as they have promised to do on numerous occasions. I beg to move.

[Lord Teverson]

My Lords, I very much support my noble friend’s amendment, to which I have added my name. I was looking through Schedule 9 to the Wildlife and Countryside Act to see what sort of things were in it. There is everything from budgerigars to Egyptian geese, night herons and parakeets, so there is quite a bit there. The thing that struck me about the importance of this issue is that if we look at Cornwall not as a nation—which of course it is—but as a sovereign nation, its national bird, which features on its coat of arms with a fisherman and a miner, is of course a chough. It is widely known in Britain as the Cornish chough. Regrettably, it disappeared from Cornwall in 1947, but I am pleased to say that it reintroduced itself from Ireland in 2001 and since then has been fairly active in reproduction and has succeeded in west Cornwall. If we went back and passed this legislation in 2000 and looked upon Cornwall as an ecological area, we would now see the chough as an alien species, despite the fact that it is our national bird. I use that as a broad illustration of the issue. Having said that, it is an important issue. I absolutely support this part of the Bill and see this as a very important area.

We really should not mention Japanese knotweed, although that is in Schedule 9. If we are not allowed to talk about Japanese knotweed I could call it Polygonum cuspidatum.

This is an important area, but clearly animals and plants that have been part of the British habitat over a long period are native species and can return. We all know of important reintroduction programmes that have taken place. We should welcome them rather than outlaw them.

[Lord Cameron of Dillington]

My Lords, I, too, strongly support this section of the Bill. It was very encouraging this morning at the session that some of us attended at Defra to hear that the UK is ahead of the game vis-à-vis Europe in terms of trying to control and monitor invasive species. The more that we can do it, and the quicker that we can do it, the better. However, I am not certain about Amendment 65A; I am not sure that past claims to being native mean that they would not necessarily be invasive now. I agree about certain species—red kites are one, and perhaps the bustard will be another—but let us take a species that has been in the news recently: beavers. Actually, in spite of the newspapers saying that beavers have recently been discovered in the wild in the south-west, they have been running around in the south-west for some years now, as far as I am aware. They say that it is the first time they have around for 800 years but we do not quite know what effect they will have. Their habit of damming streams and blocking rivers—bear in mind that there have been floods recently in the south-west—might be a problem. I feel that that situation would need to be looked at.

Turning to my native Scotland, there is a suggestion that we might introduce wolves there. I have an interest to declare here: my ancestor Sir Ewen Cameron of Lochiel, who was known as the great Sir Ewen, apart from spending all his life in the latter half of the 1600s killing Englishmen, for which he got knighted by the English king as one tends to do—do not ask me why—also killed the last wolf in Scotland. I have always been led to believe that he swung it round his head and wrapped it around a tree, but that may be a detail too far.

The situation has changed dramatically for wolves in terms of both population density and livestock density in Scotland. So I do not think that you can put a provision like this in the Bill. Every species has to be judged according to its particular habits and interests in relation to the countryside today.

I looked through these amendments to see where I could make this point. Some of us attended the very good seminar at Defra this morning, but one thing concerned me in connection with wild boar and the Forest of Dean. Defra seemed to indicate that where the local community was not in favour of controlling or eliminating the species, that would have priority. This is a dangerous precedent in principle. For instance, there was a lot of outcry from the nation about trying to kill ruddy ducks without the full picture being understood. I am pleased to say that the nation’s views, as expressed in the Daily Mail and elsewhere, were ignored on that occasion, and the ruddy duck is now a great success story—we have brought the number down to almost nil. I bet that a part of the community, not understanding the huge damage that grey squirrels do to trees, forestry and red squirrels, would not necessarily be in favour of controlling and exterminating grey squirrels, even if that were possible.

[Lord Teverson]

If I may interrupt the noble Lord, in Cornwall recently—last year, in fact—a company with which I have familial connections produced grey squirrel pasties, which were extremely successful, and there were no demonstrations whatever outside the shop.

[Lord Cameron of Dillington]

I am sure that the appetites of the Corns are something to be praised in this respect. My point is that I hope that this principle will not be too rigorously followed when dealing with invasive alien species in future.