Wildlife Crime

Debate between Simon Hart and Barry Gardiner

Thursday 10th October 2013 Westminster Hall

[Barry Gardiner (Brent North) (Lab)]

It is a great pleasure, Mr Benton, to serve under your chairmanship in this debate. I pay tribute to the Chair of the Environmental Audit Committee, my hon. Friend the Member for Stoke-on-Trent North (Joan Walley), who usually does a sterling job in steering her group of colleagues to impeccable conclusions, and this report is no exception. I welcome the Minister to his new position. I had the pleasure of serving with him on the Environment, Food and Rural Affairs Committee, and I know that he brings to his new role not only a wealth of experience and knowledge but a great deal of passionate commitment, and I look forward to working with him.

It has been a good debate. We have gone over many aspects of the original EAC report, but I still have a few issues to highlight. First, there is a need for the Government to clarify their position on controls of the possession of certain pesticides, in view of the effect that they can have on wildlife and the way they are used in wildlife crime in this country. I refer to the supplementary evidence that was submitted to the Select Committee by the Royal Society for the Protection of Birds and particularly want to draw it to the attention of the Minister. Currently, offences occur as a result of improper storage and use of approved pesticides contrary to the statutory conditions. The improper storage and use of pesticides that have had their ministerial approval removed is, of course, an offence. There are also examples of people storing legitimate pesticides specifically for attacking wildlife in this country, and they are escaping the law at the moment.

Carbofuran is an example of a pesticide that has had its ministerial approval for use removed, but can still be properly stored in England. Section 43 of the Natural Environment and Rural Communities Act 2006 creates an offence of possession of pesticides harmful to wildlife proscribed by the Secretary of State. That is a method of ensuring that we capture the storage of those pesticides for illegal purposes—where they are being used to kill wildlife. An order listing the prescribed pesticides could be made, which would deal with that issue.

In Scotland, a list of eight pesticides has been prescribed—aldicarb, alphachloralose, aluminium phosphide, bendiocarb, carbofuran, mevinphos, sodium cyanide and strychnine—under the Possession of Pesticides (Scotland) Order 2005. We need such legislation in England. We have the provision for it under the 2006 Act, and the RSPB, in its supplementary evidence to the Committee, made a strong case for legislation. I hope the Minister will look at the matter seriously. It is one way in which the pesticides used in poisoning wildlife in the UK could be brought under control. A full enactment of section 43 NERC controls would be a powerful tool in the fight against wildlife crime and the illegal poisoning of wildlife in particular.

As I have said, that offence in Scotland has shown its value with at least 10 successful prosecutions involving at least four of the products on the current list, one of which involved the possession of 10.5 kg of carbofuran. Let me put that in perspective. That amount of carbofuran is enough to poison the entire Scottish population of birds of prey six times over. I recommend that the Minister considers such legislation. It is a remedy that is easily available to him. It has proved its efficacy in Scotland and should be replicated in England.

On the subject of birds of prey, I want to echo the wise words of the Chair of the Select Committee about raptor persecution and vicarious liability. No one should underestimate the true effect of raptor persecution on some of the UK’s most endangered species. According to the Government-sponsored joint nature conservation committee report on hen harrier conservation, 2013 was the first year in which there was not a single successful breeding pair in the UK. That is extraordinary, and I know that the Minister, although new to his position, will take the matter seriously. There is enough appropriate habitat in the UK to support 324 to 340 breeding pairs of hen harrier. Today, we have zero breeding pairs.

As for the peregrine falcon, the goshawk and other raptors, it is absolutely clear that someone is more likely to see a peregrine falcon from the terrace of the House of Commons than they are on a walk through the north-west Peak district. Why? That is a question that the Minister should ask himself. The Committee was entirely right to focus on vicarious liability, because without vicarious liability we will lack a key piece in the puzzle—highly intensive, driven grouse moors with irresponsible owners. At this point, I will say that there are many grouse moors that are sensibly, properly and responsibly managed. However, we all know that there are also irresponsibly managed moors, and the evidence shows that they are having a devastating effect on the populations of some of Britain’s most iconic birds of prey.

The EAC report shows a clear understanding of that problem. Of those convicted of raptor persecution, 70% are gamekeepers. There is no getting away from that fact and it is something that the Department must address by looking seriously at vicarious liability.

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

I take very seriously what the hon. Gentleman says, but I hope that he will also recognise that the population problems—particularly with regard to hen harriers, which he referred to—is not restricted exclusively to areas where there are either amateur or professional gamekeepers. Indeed, I also hope that he will concede that even RSPB reserves have failed to establish any breeding pairs of hen harriers. So, I hope that he is not implying that this problem is purely down to one cause, and when the Minister responds to the debate I hope that he, too, will take that point on board and recognise that the problem is a little more complex than that.

[Barry Gardiner]

I am very happy to accept what the hon. Gentleman says. He is, of course, right that there are many and complex reasons why a species may become extinct in the UK. However, the fact is that the species that I am talking about is on the brink and is being persecuted by some irresponsible gamekeepers. That is absolutely clear.

I welcome all that the game industry is doing in terms of distraction feeding and so on; it is making serious efforts. However, some irresponsible gamekeepers shoot raptors and they have a vendetta against hen harriers in particular. That must stop and the way to achieve that is through vicarious liability.

We are pressed for time and I want to leave the Minister enough time to respond to the debate. Four key points have been raised today by colleagues. First, which chief constable is currently responsible for the national wildlife crime unit? We need to know that, because the person we all thought was responsible has been suspended. Secondly, will the Minister give an assurance that the NWCU will continue beyond 2014, and will he consider incorporating it into the Department’s three-year funding cycle as part of its base budget and stop this nonsense of one-year roll-on? Thirdly, will he commit to running a more effective convention on international trade in endangered species regime domestically, under the Control of Trade in Endangered Species (Enforcement) Regulations 1997? Fourthly, there has been an impassioned plea to stop the illegal slaughter of elephants, as the hon. Member for Richmond Park (Zac Goldsmith) pointed out. Incidentally, I just say to him that the pangolin is a scaly anteater; it is Manis manidae. However, it is a mammal, even though it has scales. The hon. Gentleman pointed out, quite correctly, the connections with al-Shabaab, Janjaweed and the Lord’s Resistance Army. This is big business, and it is big criminal business. For that reason, I heartily endorse his remarks and hope that the Department will take this issue very seriously indeed. If it does not, its staff will look very silly next year at the meeting next February to discuss international wildlife crime, which we are hosting.