Fly-Grazing of Horses

Tessa Munt Excerpts

Tuesday 26th November 2013 Westminster Hall

[Damian Hinds]

My hon. Friend makes an important point, and I will come to the legislative points in a moment.

I wonder whether further guidance on best practice would be useful for local authorities and police constabularies. There might also be innovative and different ways of utilising publicly owned land to keep seized horses.

[Tessa Munt (Wells) (LD)]

I wonder whether I might, through the hon. Gentleman, implore the Minister to consider having discussions with his opposite number at the Ministry of Justice? There are prison farms on prison land, and prisoners at a few of them are given the duty of looking after horses as part of their outside work. There are two advantages to that: one is that the horses are cared for, and the other is that the prisoners take responsibility for caring for an animal. This is often the first time they have taken responsibility for caring for anything or anyone, and they develop new skills. That might be a slightly innovative way of looking at the issue.

[Damian Hinds]

I raised the question whether there might be different or innovative ways of using publicly owned land, and I am sure the Minister will have heard that suggestion.

Earlier, we talked about the challenge of traceability; large numbers of horses are not microchipped. Clearly, more enforcement is needed in that regard, and I ask the Minister whether he has any thoughts on how traceability can be better enforced, especially given that free microchipping is available to many people today but is not taken up.

It appears that the existence of a national equine database of some sort is important—it could, at least, make the current system work better. It might be possible to find a simpler, less costly version of the former national equine database to make traceability possible while minimising the attendant additional costs.

Most importantly, we need to make enforcement less onerous; that is the most critical immediate-term challenge, especially given the legislation across the border in Wales. We need to make the removal of horses more straightforward, and there are two, and possibly more, ways we might do that. First, as my hon. Friend the Member for Hexham (Guy Opperman) outlined, we could amend the 1971 Act to bring it into line with the best of the private Acts.

Alternatively, we could replicate the legislation going through in Wales. Either way, there needs to be a way to reduce the waiting time, during which owners can claim ownership. In Wales, it has been reduced from 14 days to seven—although seven is not a magic number; we could have another number. Whether the holding period is seven days or whatever, we also need to stipulate that horses do not have to be held on the land they were found on and that they can be held on the enforcer’s land, which puts the onus on the owners to come forward.

--- Later in debate ---

[Damian Hinds]

I am grateful to my hon. Friend. She is right that such incidents must be reported and that the public play an important part in that. It is frustrating if offences are reported and there either is not the capacity to deal with them or proceedings are started but end up in a shocking circular process.

[Tessa Munt]

It strikes me that one practical thing we can do, which I have done myself, is to refer to the RSPCA those in the area who run stables, particularly for livery purposes, and who have gaps because of the expense of raising horses. Where people have taken their animals back into their own home paddocks, or whatever, and there are spaces, the best thing we can do is to ensure the RSPCA and its various centres are aware of where there are spaces at livery. It is often cheaper to keep a horse at livery than to do anything else. We should encourage people to identify the spaces in livery to ensure that they are used by the RSPCA, as is done very well in my area.

[Damian Hinds]

I am grateful to the hon. Lady for her intervention. I am sure the Minister will have heard that point.

To conclude, I know that the Minister is seized of the importance of the issue and its urgency. Given the growth in incidents and the imminence of the Welsh legislation, I hope that he will be able to give us some indication today of what can be done to assist hard-working charities, the police and local authorities to ease the burden on farmers and alleviate the suffering and cruelty inflicted on the poor animals.

Water Bill

Tessa Munt Excerpts

Monday 25th November 2013 Commons Chamber

[Tessa Munt (Wells) (LD)]

I apologise for not being present for the opening of the debate; this was because I was attending a Committee elsewhere in the House.

I want to address three areas: fracking, flooding on farmland and flood insurance. I shall start with flood insurance. Much of the patch that I represent is at or below sea level, and it is prone to flooding. Many planning permissions on land in areas that have already flooded are in existence now, but I want to concentrate on future developments. In large parts of my constituency, it would be hard to build any sort of home or business without it being on the flood plain. Would the Minister consider encouraging local authorities to look at the townhouse model? Homes should be built on stilts in flood areas, or at least with garages at ground floor level so that people are not put at risk through flooding and so that goods and property can be moved to upper floors more easily to avoid damage.

I have a minor suggestion for the Minister. It was suggested earlier that the water companies should be a statutory consultee, but would it also be possible for representatives of the Association of British Insurers to clarify the insurance situation on new property proposals being put before development committees, when they involve developments in areas of flood risk? In that way, developers would be forced to use design to mitigate the risk, and purchasers would understand the risks and insurance costs involved, as well as knowing that they would be able to get insurance for their home or business.

Turning to flooding on farmland, I should like to pay tribute to my hon. Friend the Member for Newbury (Richard Benyon), who took the trouble to visit my constituency when he was the Minister with responsibility for this issue. He visited the Axe and Brue valleys in April this year and met more than 100 farmers and smallholders whose homes, stock and businesses had been severely affected by months of flooding. The farmers made it clear that the rivers, rhynes and waterways had suffered over the past 13 to 15 years because they had not been cleared or maintained. They had been neglected in the areas served by the Axe and the Brue rivers. There were problems with silt, blockages and overgrowing. In Somerset, money usually goes to the areas surrounding the Tone and Parrett rivers, but it is important that all our waterways should be maintained and improved.

The Environment Agency’s six aims and objectives recognise wildlife, flora and fauna, but there is no recognition whatever of the value of productive land. There should be, particularly at a time when food production is so important and we desire to be self-sufficient, or at least self-supplying. That point was also highlighted regularly. I hope that the Minister will use this opportunity to ensure that the residents and businesspeople in my part of Somerset get the dredging that they need and the ongoing maintenance that they deserve from the Environment Agency. I also hope that the agency and the Government will recognise the value of productive land, and that there is a response to the need to protect agricultural interests as well.

[Ian Swales]

Does my hon. Friend agree that failure to dredge does not often result in a cost to those who should be dredging, and that it mainly results in a cost to the insurance industry? Does she think that something should be done about that?

[Tessa Munt]

My hon. Friend is absolutely right. It would be so much better if we could get the dredging programme sorted out, because it would get rid of the need for massive insurance claims. In my area, if water can reach the pumps, it can be pumped away. Because of the lack of dredging, however, it cannot reach the pumps. It is possible to see the pumps from the flooded areas, but the water cannot reach them and therefore cannot be taken away. Dredging would cure that problem.

My final area of concern is the risk that fracking for shale gas poses to our rivers and groundwater in terms of pollution and water stress. The Bill already amends the 2010 environmental permitting regulations that cover fracking activities, making it an excellent opportunity to address these concerns and strengthen the existing regulatory framework. The House has heard repeatedly that our regulatory regime for fracking is the most stringent in the world, and it is true that, if properly implemented and enforced, the existing regulations could mitigate many of the risks posed by fracking. However, although fracking has been taking place for years, this particular new technology that is planned for the UK brings more serious risks that we cannot properly assess at this early stage. Even the best regulatory regime can only mitigate risk; it cannot eliminate it. That means that a water pollution incident cannot be ruled out. It is therefore of considerable concern that it is not clear who would be liable if something does go wrong. One of the main risks from fracking is pollution of groundwater, which can occur because of faults in production wells. Groundwater clean-up is very costly and can take decades. For example, the contamination of a chalk aquifer near St Albans in Hertfordshire in 2000 led to an extensive contamination of the public drinking water supply, and the cost of the clean-up, which took a decade, was about £16 million.

Even if liability for pollution can be proven, there remains a risk that fracking companies could go bankrupt, leaving taxpayers or water companies with the costs. That has been a major issue in the case of Scottish Coal, whose liquidators have been given permission to abandon coal mines and polluted land without carrying out restoration or in any way controlling pollution from the sites. Instead of identifying and addressing these risks, it appears that the opposite direction of travel is being taken. Not only is there pressure to simplify and streamline regulation, with the Environment Agency committing to, for example, a dramatic reduction in the time it takes to issue permits to fracking operators, but there is evidence to suggest that existing regulations are not being adequately enforced. For example, at Preese Hall, the Environment Agency did not issue environmental permits for the disposal and management of flow-back waste water; it only discovered after the site had been hydraulically fractured that the flow-back fluid should be classified as radioactive waste.

If experiences in the United States have taught us anything, it would be that we need a strict regulatory regime. We cannot rely on putting our faith in the industry behaving well on a voluntary basis. In a groundbreaking peer-reviewed study of aquifers overlying the Marcellus and Utica shales in Pennsylvania and New York, Osborn et al, 2011, uncovered systematic evidence of methane contamination of drinking water linked to shale gas extraction.

In England, a third of all our domestic water supply comes from groundwater reserves, which are also essential for industry and farming. It is vital that we go as far as possible to mitigate risks in advance and ensure that we make provision to cover the full costs of clean-ups. With that in mind, I ask the Minister to ensure the Bill addresses these issues by implementing a liability guarantee. Such a guarantee would ensure the public purse and the taxpayer are not hit when anything goes wrong.

My next big concern is the amount of water that is required for the production of shale gas. Shale gas exploration and production is a highly water-intensive industry, and the process of fracking requires enormous volumes of water. At Preese Hall up to 8,400 cubic metres—about the equivalent of three and a half Olympic-sized swimming pools—is required per well. The fracking process may have to be repeated several times over the life of the well to keep the gas flowing. With proposals for thousands of sites, each with multiple wells, the potential drain on our already stressed rivers and groundwater could be huge.

I ask the Minister and his Department to consider the Bill as an opportunity to address these concerns by reforming the abstraction regime for taking water from the environment. That should go a long way to ensuring that additional pressure on water resources from fracking does not result in the over-abstraction of water from areas already under water stress. If the Government choose to exploit this new resource, we can make sure that we do so in a way that does not place unacceptable risks on the environment or on the public purse. Such an approach will also guard against unnecessary resource risks to our communities, our countryside and our businesses.

Jam and Similar Products (England) Regulations 2003

Tessa Munt Excerpts

Wednesday 30th October 2013 Westminster Hall

[Tessa Munt (Wells) (LD)]

I am concerned that this debate may herald the end of the British breakfast as we know it. Following a consultation, the Department for Environment, Food and Rural Affairs has ordered a reduction in the permitted sugar level for jams, jellies and marmalades from 60% to 50%, and the removal of the UK national limit for reduced-sugar jam and of the national provisions for curds and mincemeat. The focus of my opposition is the reduction of the permitted sugar levels for jams, jellies and marmalades, and the removal of the national provisions for curds and mincemeat, which sounds their death knell.

Reducing permitted sugar levels from 60% to 50% would in time destroy the characteristic quality of British jams, jellies and marmalades, and could mislead consumers. We all know what we expect when we go to the supermarket: something of beautiful quality with beautiful colour, with a shelf life of about a year. Traditional jams use cooked fruit, without additives—that is important: the quality of those preserves is determined by the proportions of sugar, fruit, pectin and acid. If the total sugar percentage is reduced, the characteristic gel in the consistency of jams, jellies and marmalades will be lost, and the result will be a homogenised, spreadable sludge, bearing no resemblance to the product we know and enjoy in England as British jam.

Scientists who worked at Long Ashton agricultural research station at the university of Bristol in the 1920s examined the shelf life of jam and other, similar products. The recommendation that they made was for a minimum sugar content of 60%, regardless of the type of fruit used in the recipe. That ensured a good shelf life of at least a year. The 60% level has its origin not in Brussels, as many people think, but in Bristol.

Of course, many people are slightly squeamish about the sort of thing that my grandmother would do—opening jam that had not been used for a couple of months and scooping the top off, where it had fermented slightly. Many people fear greatly, for food safety reasons, that they should not eat jam when there is a bit of fluff on the top, but it is important to understand that jam has a shelf life of a year.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

I am grateful to the hon. Lady for bringing this important and interesting subject to the House. Can she put the recommendation into context? Many recommendations, good and bad, make their way into the annals of Brussels. Not all of them come out of the sausage machine as legislation. What stage has the idea reached, and does the hon. Lady’s presence here today, outlining its daftness, mean that there is scope to stop it in its tracks?

[Tessa Munt]

I rather hope so. That is a question that the Minister will be able to answer. I understand that he signed the order last week, but that the statutory instrument has not been put before Parliament. I hope we can stop it dead in its tracks.

As well as today’s debate, there has been an amazing amount of publicity, including my debates with the Minister this morning on Radio Somerset and Radio Devon—and I have a little list of people who want to talk to me about jam later today. I suspect that all that shows that the public are greatly interested. Sometimes, Departments want to slide regulations through, and those things do not always hit the public. We do not all read the Parliament website and DEFRA press releases. I forgive the Minister that, but it is good that we are having the debate.

The new regulations are part of the Government’s red tape challenge to reduce the regulatory burden on industry—particularly on small and medium-sized businesses. They revise the Jam and Similar Products (England) Regulations 2003, which I regard as completely adequate. Those regulations state that the percentage of soluble solids content for jams, jellies and marmalades must be 60% unless the product is one with reduced sugar, when it has a permitted percentage of between 25% and 50%.

There will be encouragement to make more reduced sugar products, as they might be perceived as more healthy. Some jam manufacturers have urged caution with the percentage. The Department’s impact assessment document for the new regulations cited a potential for increasing the risk of spoilage. Currently, reduced-sugar products, with a percentage of 25% to 50%, may contain chemical additives to ensure that they have a good shelf life, which sugar will give naturally. Potassium sorbate or E202 will be added if we reduce the level of sugar in jam.

At a time when public attention is being directed to the content of food, it seems inadvisable to encourage the unnecessary production of food items with additives and artificial flavours. With a 60% sugar content, the colours of sweet preserves are bright and the fruit is fantastic. A lower percentage produces products with a darker, muddier colour, which may affect consumer confidence in a well known British product. In addition, if the consistency lacks the characteristic gel, and is more like that of a fruit spread or fruit butter, consumer confidence in the properties of jam and other products may be lost. I urge the Minister to consider calling things fruit spread or fruit butter, as happens on the continent.

The 50% permitted sugar level will be lower than the 55% minimum adopted by France and Germany; something similar is done in America as well. The jams produced by those countries have always been different from ours. I spent some of my summer in France, and what they call jam is completely different from what we expect to pluck from the shelves in shops, farm stores and supermarkets.

Historically, continental jams and similar products have been made using completely different methods. The countries I mentioned do not make products whose consistency has the characteristic British gel; to make their jams, fruit and sugar are cooked together or soaked and then cooked together. They are referred to as soft set products, and have a loose, almost pouring consistency.

British jams are traditionally made in two stages. The fruit is cooked, either with or without water, to extract any acid and pectin. Sugar is added to the cooked mixture, dissolved and then boiled to a setting point. Marmalades are made by first cooking the citrus fruit in water and then dissolving sugar into the cooked mixture and boiling it to a set. Jellies are made by cooking fruit in water and straining the cooked mixture through a jelly bag. The residual juice is boiled with sugar to a setting point. We in Britain love our jams, jellies and marmalades to be traditionally made, to produce a natural set.

The consumer was clearly protected by the Jam and Similar Products (England) Regulations 2003. A product labelled as jam had 60% sugar and consequently had the traditional characteristics I have described. Reduced-sugar jams had to be labelled as such, which alerted the consumer to the fact that they were a different product.

There is no appetite for a reduction among some of the high quality manufacturers in England, Scotland and Wales—notably Wilkin and Sons of Tiptree, Mackays, and Wendy Brandon Handmade Preserves; I note that the hon. Member for Witham (Priti Patel), who has Tiptree in her constituency, is present for the debate. The regulations have been driven by a small number of small producers to increase their sales of apple-based spreads, which they want to label as jam. They are nothing like traditional British jam—I have tasted them. Given the high acid and pectin properties in cooking apples, it is possible to set the product with less sugar, but that does not apply to all fruits, as the pectin and acid content varies between them.

As a member of the women’s institute of Mark in Somerset, I am curious to know how the National Federation of Women’s Institutes responded to the regulations. Historically, the WI is the best known organisation to give instruction—to its members and the wider public—on the characteristics of sweet preserves. Its publication “On With The Show” lists the criteria for judging those preserves.

I understand that out of the 132 organisations consulted by DEFRA, the National Federation of Women’s Institutes was one of a handful claiming to have received a consultation letter. Sadly, I understand that it declined to respond, but the WI will be left with its rules to consider. How will the new products be judged in competitions and how will preservation judges’ training courses be affected? I can only assume that the WI will leave its rules unchanged, as preserves with the traditional characteristics are the only naturally produced ones with a long shelf life.

Deregulation of the provisions for curds and mincemeat, as listed in the 2003 regulations, would stimulate the creation of other products labelled as curds and mincemeat. In 2003, DEFRA asked the industry whether it wished to retain the national rules for curds and mincemeat, and the overwhelming response was yes. At the time, the industry felt that there was a need to set minimum rules to ensure the quality of the products and to prevent poor quality or inferior substitutes. The 2003 regulations included a minimum sugar content of 65% for curds and mincemeat. Those rules were notified to the European Commission, as required, and there were no objections to the UK’s setting rules in that area. Curds and mincemeat have continued to be UK-specific products.

In spite of that, DEFRA’s impact assessment for the new regulations suggested that the deregulation of curds and mincemeat would cut red tape and free the industry to innovate and/or reformulate, provided that the customer was not being misled. Curds and mincemeat are uniquely British, with their origins firmly established for centuries; they are not part of the culinary culture of other European Union member states.

Curds and mincemeat are made using a small list of specific ingredients. Mincemeat has a history traceable back to the late 17th century, in the period following Cromwell’s two-year ban on Christmas festivities. After his death, and once Christmas had been reinstated as a festival, the mincemeat that we know today was introduced—a product with a quantity of vine fruits, sugar, citrus peel, suet or equivalent fat, and optional alcohol.

Fruit curds, lemon curd in particular, became well known in England in the late 1800s. Recipes with eggs, butter, sugar and fruit were called transparent puddings; the method of storing them in jars became popular in the 19th century. Fruit curds are an emulsion of edible fat, sugar, whole egg or egg yolks—or both—and fruit. The 2003 regulations specify percentages of ingredients for the quantity of fat and eggs for every 1,000 grams of the finished product. The quantity of fruit is sufficient to characterise the finished product.

For mincemeat, the 2003 regulations specify the quantity of vine fruit, suet and citrus peel used for every 1,000 grams. Curds and mincemeat have a soluble dry matter of 65%, unless they are reduced-sugar products. Any product with less than 65% is labelled as a “low sugar substitute”. Deregulation would stimulate the introduction of products materially different from the existing definitions of curds and mincemeat. There is no case for deregulating curds and mincemeat.

I have some particular questions for the Minister. The 2003 regulations were based on scientific research. Is the Minister aware of any published research that supports the new regulations? For producers, there is an attraction in using the words “jam”, “marmalade”, “jelly”, “mincemeat” and “curd”—how can DEFRA be confident that consumers will not be misled when lower-sugar fruit spreads are labelled as jam, despite being very different from traditional jams?

I understand that the Minister has signed the proposals, but the statutory instrument has yet to be laid before Parliament. How can we keep the jam regulations unchanged? Now that the matter has received additional public interest and scrutiny, what should members of the public do to change the Department’s mind? What criteria will the Secretary of State or the Minister be using to review the regulations?

If we really want to have continental jam, we can go to the continent, or we can buy it. So far, I have resisted the temptation to use all the amazing jokes that have come out—

[Mr Ellwood]

Go on!

[Tessa Munt]

Perhaps I shall.

[Priti Patel (Witham) (Con)]

I congratulate the hon. Lady on securing this important debate. She has already highlighted the fact that the world’s greatest jams and marmalades are made in my constituency, in Tiptree. There is no doubt that we have the best jams in the world, and we export a lot of them. Does she not agree that the Government should be working with producers with a great international reputation for exporting their jams throughout the world, so that we can increase our profile and market share internationally and outcompete Europe?

[Tessa Munt]

I could not agree more. I do not agree with the idea that the new proposals will encourage exports; we will end up exporting, and importing, more gloop, as opposed to having something that we all know well—British jam, jelly, marmalade, curds and mincemeat are completely classic British products. If we want to export them, we need to help people to do so, but we need to keep the quality and the standard of what we see on the British breakfast table.

As I was about to say, the Minister seems to have found himself in a sticky situation, or in a bit of a jam. Jam today, please, but I would like to see jam tomorrow as well.

[Albert Owen (in the Chair)]

I call the Minister to entertain us by spreading the DEFRA word.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (George Eustice)]

Thank you, Mr Owen. I also thank the hon. Member for Wells (Tessa Munt) for securing the debate, which has indeed gathered a bit of interest. The hon. Lady and I had a dry run of this discussion in the media this morning. I can understand her concerns about some elements of the proposed changes, but I feel that there is a degree of role reversal—as a Conservative who is sceptical about having the EU telling us what to do, I am all up for loosening regulations and letting markets decide, so to hear a Lib Dem taking such a strident position on the issue was surprising.

I come from a family involved in fruit farming. The jam industry is itself important, but having it as an outlet, a market, for the fruit industry is also important. One of the things that I learned, to my cost, while trying to grow strawberries is that a lot of things can go wrong in the fruit industry, whether bad weather, bruising of fruit or pallets of fruit tipping over, so having the jam industry market for some of the damaged fruit is very important. I ought to let the House know that my family’s business, Trevaskis Farm, makes jam for sale in small quantities through the farm shop. I have a little knowledge of the area through that.

To provide the context, the proposed changes to the regulations are part of DEFRA’s contribution to the Government’s red tape challenge initiative. The regulations were one of a number that were identified under the food and hospitality theme that could benefit from improvement and where potential savings could be delivered to businesses. The jam regulations were identified as an area in which we could consider changes that might provide businesses with greater flexibility and less restrictive rules.

One impetus behind the change was a request by some in the industry for the UK to consider taking up an optional derogation in the EU jam directive that permits—but, crucially, does not require—a sugar level lower than 60% to be set, which is something that a number of other member states have already done. The derogation allows member states to set a lower minimum sugar level for jam and similar products.

Organisations such as the Food Processors Association, an organisation that incorporates the United Kingdom Sweet Spreads Association and represents many in the jam industry, were keen for the Government to amend the regulations to ensure that the UK was on a more level footing with other major EU jam manufacturing countries, such as France and Germany.

[Tessa Munt]

The clue is in the title, the Sweet Spreads Association, and that is not jam. The Minister should come cooking with me—I do not know what else I can do, but suggest a master class in jam cookery in DEFRA. Let us have a go. Frankly, if people want to call something a fruit or sweet spread, they may, but they should not be calling that stuff jam.

[George Eustice]

All right. Since that original request, which was for a minimum permitted sugar level of 55%, others have requested that we consider lowering the minimum permitted level even further, to 50%, which would remove the so-called no man’s land that currently exists between sweet spread products, which are supposed to be below 50%, and jam products, which are supposed to be 60% or above.

After considering all the responses, we decided to reduce the minimum permitted sugar level for jam from 60% to 50%, but to retain the national provisions for fruit curds and mincemeat—an issue that the hon. Lady raised later in her speech. That will all be subject to the necessary clearances. The reduction in the minimum permitted sugar level to 50%, however, delivers the greatest flexibility to the industry as a whole, in a way that will not be detrimental to those who are in compliance with the existing regulations and can continue to make their jam as they do now.

The hon. Lady has expressed concerns about the possible impact on British jam, but I believe in the market—the market will dictate what does and does not sell. I mentioned earlier that my own family’s farm business produces small quantities of jam for sale through the farm shop. I took the liberty of talking last night to my mother, who is in charge of making the jams. She said that there has been a trend among consumers over the past 10 to 15 years to seek out products with lower sugar levels. They want products with more fruit and less sugar. We should not resist that, if there is a market demand for such products. They do not have to be the gunge or dreadful products that the hon. Lady mentioned —I assure her that the products sold in our farm shop are very good.

[Tessa Munt]

I have been contacted by diabetics and others who require products with a reduced sugar level and that is fine, but they are always accurately labelled on supermarket shelves and in farm shops as reduced-sugar jam. People know what they are buying. But if everything with a minimum sugar level of 50% and above can be called jam, there will be utter confusion about what is really jam and what is a fruit spread or whatever.

[George Eustice]

I understand that. The sugar content of a fruit spread is supposed to be below 50%, so we are removing that no man’s land between 50% and 60% and allowing products with a sugar content of below 60% but above 50% to be labelled as jam.

My hon. Friend pointed out that the 60:40 sugar-to-fruit ratio was recommended following research at the Long Ashton research station in Bristol in the 1920s. That was a long time ago and since then there have been technical advances and recipe experimentation. In the last few years, our market has included fruit spreads and jam with a sugar level of less than 60% with no increased spoilage reported. The reduction of the minimum requirement to 50% removes the current gap for products that fall into the 50% to 59% category. The flexibility delivered by the change will help to ensure that British jam manufacturers remain competitive because they will have the option to market their jam products with a higher fruit content on a level playing field with other member states.

It is worth reiterating that we are talking about a minimum permitted sugar level. That does not mean that existing manufacturers must work to the new minimum.

[George Eustice]

That is the case because these are minimum not maximum requirements. If there were a maximum requirement requiring all jams to have 50% sugar we would be having a totally different discussion. We are discussing minimum requirements and giving the industry flexibility. Those who want to develop products with a lower sugar level that they can market in Europe will be able to do so, and traditional jam manufacturers who want to retain a 60% level, are resistant to any change and do not accept that there have been changes in techniques or recipes may continue as at present and market their products as traditional jam with a premium in the market.

[Tessa Munt]

If the minimum level is set at 50%, all the organisations that are making jam with less than 60% sugar will be entitled under the regulations to call their products “jam”, not “reduced-sugar jam” or whatever else they are attempting to make. We need that clarity for the British public’s attachment to jam and what it means. I have bought stuff from supermarket shelves that is like mud—it has lost its colour, it is not the right texture and it is a completely different product. All those products will be entitled to be called jam.

[George Eustice]

I do not think it is in any company’s interest to market products that, to use my hon. Friend’s words, taste like mud. We must let the market decide. Makers of brands who passionately believe that a quality product must have 60% sugar will carry on with that. Nothing in the change will affect that. If my hon. Friend is right and brands with a lower sugar content will have an inferior product and if customers conclude that, as she suggested, they taste like mud, they will not buy it again. The market for that product will be small. In a free market economy, we should have a light-touch approach to regulation, and that has come out of the Government’s red-tape challenge. The market must decide. If my hon. Friend is right, the market for such products will be small.

Our changes will provide jam businesses with increased flexibility. We are keen to help small businesses that are trying to break into the market, and some exciting new products are coming on to the market based on the unique British Bramley apple. Jams made from it set more easily because of its high pectin content and do not need quite as much sugar. My hon. Friend said that the market for such products is small, but an internet search showed quite a number of products using Bramley apples as part of a mixed jam, such as Bramley and blackcurrant and Bramley and blackberry. There are exciting prospects for them, and there is nothing more British than the Bramley apply. We are almost unique in Europe in having specialist culinary apples rather than just generic apples. This is a good potential market for our excellent Bramley apples.

The regulations will be improved in respect of reduced-sugar jams. Since 2006, when new regulations on nutrition and health claims were introduced, there has been an overlap with the 2003 regulations that specify that a reduced-sugar jam must have a sugar content of between 25% and 50%. In contrast, the nutrition and health claims rules require all products labelled “reduced sugar” to have at least a 30% energy reduction compared with a standard product. To sort out this discrepancy, we are doing away with the specific rules for reduced-sugar jams so that they will need to comply only with the same rules as all other foods. That will provide improved clarity for the industry and consumers, and respondents to our consultation agreed it would be much simpler to work with one set of rules in this area.

We consulted on the proposed changes earlier in 2013 and received some useful contributions. One option that provoked strong opinions was in response to whether the UK’s national provisions for fruit curds and mincemeat—the sort in mince pies—were still useful or whether they could be removed. I can reassure my hon. Friend, who highlighted many concerns, that although she may not agree with our proposals to reduce the minimum sugar content of jam, we have acted on the evidence put to the Department and we will not change the regulations on fruit curds or mincemeat.

The main justifications cited were that curd and mincemeat standards help to maintain the production of these uniquely British products whose origins are firmly established and go back centuries. They are not part of other member states’ culinary culture and UK producers manufacture them to traditional recipes. The current rules reflect those practices.

The standards provide an important yardstick and their removal could result in a reduction in quality and could stimulate the introduction of products that are materially different from our current traditional curds and mincemeat products. So, as a direct result of the cogent arguments put forward in the consultation process, including a response from my hon. Friend’s constituent, Mrs Lloyd, we will retain unchanged the national provisions for fruit curds and mincemeat. That decision is positive and demonstrates the benefit of consultation to help to ensure that the final policy decision is fit for purpose.

Horsemeat

Tessa Munt Excerpts

Thursday 14th February 2013 Commons Chamber

[Tessa Munt (Wells) (LD)]

Phenylbutazone, known as bute, can be bought off the internet in tablet form, in injectable form, and as an apple and citrus-flavoured powder. Most horse owners believe that it is the only effective anti-inflammatory drug in controlling joint pain. It is so easy for owners to get hold of it that I wonder what the Minister might have in the way of proposals to ensure that there is some integrity to the system. Does he agree that testing is the only way of identifying the use of this drug?

[Mr Heath]

I do not want to move away from the position that it is crucial to understand: it is the responsibility of those who are selling products and those who are processing products to obey the law, which is very clear that a horse that has had phenylbutazone administered to it should not be entering the food chain. We have a regulatory issue as to whether the horse passport system across Europe is sufficient to meet that task, and that is what we are addressing. It would not be helpful to people who own horses across Europe to say that they cannot use a very useful anti-inflammatory drug; rather, we need to say, “If you do that, don’t put it on people’s plates.”

Horsemeat (Supermarket Products)

Tessa Munt Excerpts

Thursday 17th January 2013 Commons Chamber

[Mr Speaker]

Order.

[Tessa Munt (Wells) (LD)]

rose—

[Mr Speaker]

The hon. Lady is too late. If she had risen earlier, she would have got in. We were drawing matters to a close. I thank the Minister and other colleagues for their co-operation.

Animal Welfare (Exports)

Tessa Munt Excerpts

Thursday 13th December 2012 Commons Chamber

[Laura Sandys]

It is crucial that we accept and tolerate only the very best transporters in the sector. I feel strongly about this trade generally, but we must ensure that operators take their responsibilities extremely seriously and that this trade is not being subsidised by all of us as taxpayers. In my constituency, where there is much more involvement, it is my local taxpayers who are paying for a lot of this, and I would like to see them refunded for the impact it is having on their bills.

[Tessa Munt (Wells) (LD)]

My understanding is that there is a cost to licensing. I shall use the example of George Neville’s firm, which is in the Minister’s constituency, abutting mine. It has a fleet of 20 vehicles—this is executive transport, with water, fans and hydraulic decks that lift up and down so the stress levels on the animals are hugely reduced—but it pays £4,000 for the licences on those 20 vehicles.

[Laura Sandys]

That sounds like the Rolls-Royce of transportation, and I would be very pleased if the animals coming through Ramsgate were in that sort of condition. My understanding is, however, that people can apply for a transportation licence, although I do not know whether this is a different sort of licence from the one to which the hon. Lady has just referred, and that they can get it for free.

--- Later in debate ---

[Roger Williams]

The hon. Gentleman makes a good point and his experience of representing his constituency is important in these matters.

The hon. Member for South Thanet asked what type of business plan encourages this type of live export. I cannot believe that anybody who loads 100 live sheep on to a lorry and at the end of the journey unloads 95 live sheep and five dead ones can make money out of that in the long term.

[Tessa Munt]

I have spoken already about executive transport for cattle and sheep, with which I am familiar. If a company that pays £90,000 for an Italian-made trailer and £70,000 for the tractor unit to draw it can carry cattle, sheep and other animals, can operate at such costs and can meet the Freedom Foods certificate standards, it is clearly possible to do that and still make money.

[Roger Williams]

My hon. Friend makes an important point. The discussion this afternoon shows that although some hon. Members may wish to ban live exports altogether, most would want it carried out in the way that is most conducive to good animal welfare. My hon. Friend makes the important point that much of the transport that is now provided for animals is of a very high standard. Water and ventilation are provided, there are rest periods and journeys are of limited duration.

Green Waste (Contamination)

Tessa Munt Excerpts

Wednesday 12th December 2012 Commons Chamber

[Richard Benyon]

I think that the point I was coming to might answer my hon. Friend’s concerns. I will say now what I was going to say later: the Government are in absolutely no way complacent about this. We might have the most stringent standards in Europe, but we want to see that we are enforcing them. Having the most stringent standards is just a factor on a piece of paper; we are concerned with outcomes. I want to assure him that we will follow up any cases where we believe there has been a failure to comply with standards, and I will move on to explain how the principle that the polluter should pay will continue to be a key component of what we do.

Of course, not all compost needs to be produced to such a standard. Lower grade compost and compost-like outputs can be legitimately used on land, for example as mulch. In those cases, the compost remains a waste and its use on land is subject to environmental permitting or registered exemption controls in the same way as the composting process itself. That is monitored and closely enforced by the Environment Agency. We are aware of cases of sham recovery where, under the guise of composting, some operators have seemingly been more interested in disposing of unwanted materials than producing a worthwhile product. Where such cases are identified, the Environment Agency will investigate and consider enforcement action in accordance, importantly for my hon. Friend, with its enforcement and sanctions guidelines.

The controls on compost spread to land are in place, but we are keen to guard more generally against adverse impacts resulting from the spreading of a wider range of waste and non-waste materials on land. For this reason, officials in the Department and in the Environment Agency have set up a joint project to look at the impacts of other materials spread on land and whether we have the right controls in place. Nobody has total possession of all wisdom in this regard, and we are happy to take up any cases that we hear about from hon. Members, local authorities, or members of the public and organisations such as the one that my hon. Friend mentioned. In doing so, we will need to be absolutely clear about the rationale for any further intervention and avoid unnecessary or disproportionate regulation. We believe that there are sanctions in place that can deal with every one of the cases that he raises. If that is not happening, we as Ministers want to know why, and we look to him and others to provide cases that we can take up with the Environment Agency, which we will do with vigour.

[Tessa Munt (Wells) (LD)]

Will the Minister consider the fact that it is possible to look at the outcome as opposed to the process and perhaps offer some facility for the Environment Agency to recognise the integrity of agricultural and food-producing land and to offer some protection for that land? We already protect water voles and all sorts of other things in a number of different ways. If we looked to the protection of the land, any offence on it could be worked against by the Environment Agency rather than trying to classify every assault on the land.

[Richard Benyon]

I thank my hon. Friend for that intervention. What Government have to do is to create standards, and we do that in accordance, in the main, with European designations on such matters. However, that is a very prosaic and rather unambitious reason to do it. We also do it because we want to do so. We want to see a healthy environment. We want our food grown in a healthy way, and we want to be mindful of the health of the consumer and, of course, the impact on the environment. We are very concerned with outcomes, so we are genuinely worried when we hear such issues raised. As I said to my hon. Friend the Member for Colchester, we are in no way complacent. We take our responsibilities very seriously. We are absolutely desirous of having good outcomes from all the measures that are in place. Many people say that far too many regulations are imposed on our food-producing industry and that we need to try to rationalise them, but we do not do that at the expense of the health of our environment or the consumer.

We have covered a lot of ground in the remarks made by my hon. Friend the Member for Colchester and the intervention by my hon. Friend the Member for Wells (Tessa Munt). I understand the attraction of metal detecting as a hobby, because a lot of people in my constituency do it. It is not only a good way of getting out into the countryside and doing a worthwhile activity; it is part of our agenda of more people having access to the countryside. It is also, as my hon. Friend the Member for Colchester points out, a fantastic way of collecting and identifying some extraordinary artefacts. We have all heard some of the wonderful stories in recent years, especially in and around the ancient Roman city of Camulodunum, now of course Colchester. I appreciate the frustration of the members of the National Council for Metal Detecting and note its recent petition on the subject. I particularly note the concern of those in my hon. Friend’s constituency, and I agree that we cannot accept the inappropriate spreading of what is alleged to be green waste, or the wilful damage to our environment.

The Government have a fundamental duty to continue to support and encourage the recycling and recovery of waste so as to conserve natural resources. We also have a responsibility towards the established principle in modern society that the polluter pays. That is an important sanction against the kind of pollution that my hon. Friend has described, and I reaffirm that if he can bring us evidence of this kind of thing happening, perhaps from his contacts in the National Council for Metal Detecting, I can assure him that there will be no lack of will among Ministers or those in the Environment Agency to take up those cases.

I hope that I have managed to reassure my hon. Friend the Member for Colchester and the House that there are good regulatory systems in place, and sanctions that should be working. There are also quality protocols which, if complied with, can add immensely to helping our environment. Where they are not being complied with, the perpetrators can be punished.

Question put and agreed to.

Oral Answers to Questions

Tessa Munt Excerpts

Thursday 6th December 2012 Commons Chamber

[Mr Speaker]

Tessa Munt.

[Tessa Munt (Wells) (LD)]

indicated dissent.

[Mr Speaker]

The hon. Lady has changed her mind. We are saddened. Mr Gary Streeter.

Littering and Fly-tipping

Tessa Munt Excerpts

Tuesday 22nd May 2012 Commons Chamber

[Richard Benyon]

I entirely agree with my hon. and learned Friend and thank the volunteers in his constituency who do that, and I resent, in almost equal measure, the people with such little regard for our communities and countryside that they throw the litter in the first place, thereby requiring those volunteers to perform the selfless act that he describes.

Let me set out to the House the Government’s plans for good-quality local environments and the actions that we are taking to tackle littering and fly-tipping. We know from repeated public surveys that the appearance of local neighbourhoods matters greatly to people, ranking alongside or above concerns such as global climate change or rising fuel prices. Poor quality environments can destroy neighbourhood pride and create a climate of fear and neglect. These are therefore important issues, and it is right that we take a close interest in addressing them. Local authorities are on the front line of dealing with littering and fly-tipping. They have the duty to clean up public land and the powers to take enforcement action to fit local circumstances. Although most fly-tipping on public land is handled by local authorities, the Environment Agency also has a role in investigating large fly-tipping incidents, in particular those involving hazardous waste or organised crime. As my hon. Friend the Member for South West Bedfordshire said, on private land the responsibility for dealing with fly-tipping rests with the landowners—often at great cost to them and their businesses—although many local authorities offer advice, guidance and, in some cases, help.

[Tessa Munt (Wells) (LD)]

I wonder whether the Minister could address the problem of different local authorities having different responsibilities. In my area, Somerset county council has shut a number of local recycling centres, leaving the district councils as the level responsible for dealing with fly-tipping. That transfers the cost from the county council’s budget, but means that district councils have to deal with an increasing problem. Indeed, they are left having to charge, through council tax, which seems most unfair.

[Richard Benyon]

I understand that all local authorities, like the Government, face difficulties and have to set priorities. If we are to be a truly localist Government, we have to leave decisions about priorities to be taken locally. In areas with unitary councils there is less misunderstanding on the part of the public about who is responsible. When I was a district councillor, people were always blaming the county council for things that were my responsibility, and vice versa. I know that this is a difficulty in areas with two-tier local authorities, but I understand the point my hon. Friend makes.

The charity Keep Britain Tidy carries out a survey for DEFRA each year, and this year the 10th report was produced. It provides an opportunity to look across the changes in the last decade and highlights the fact that litter levels are not much better than when the survey was first carried out, in 2001, with 15% of areas deemed “unsatisfactory” for litter. Yet since that time, the costs to local authorities of sweeping the streets, including dealing with litter, has risen by hundreds of millions of pounds, as my hon. Friend the Member for South West Bedfordshire said, to little short of £900 million.

DEFRA and the Environment Agency host the collection data on fly-tipping, through the Flycapture reporting system, which helps to provide evidence of the nature and scale of fly-tipping and allows decisions to be made locally and nationally on the best interventions to tackle the problem. Fly-tipping continues to have too great a detrimental impact on the local environment. In 2010-11, there were 820,000 fly-tipping incidents in England. Although that is a reduction compared with the previous year, this is in part due to changes in reporting practices by some authorities. The true figure is likely to be considerably more, as it is recognised that many incidents, particularly those on private land, go unreported. We also know that a lot of fly-tipping involves domestic waste, which can ordinarily be collected by local authorities or taken, as has been said, to civic amenity sites.

So what can be done to make real inroads into the persistent levels of litter? The Government’s commitment in this regard is clearly set out in the coalition’s programme for government. We aim to reduce litter as part of our drive towards a zero-waste economy. Changing the attitude and behaviour of those who drop litter and casually fly-tip is essential, which is why the Government are committed to working with Keep Britain Tidy, businesses, local authorities and community groups on their “Love Where You Live” campaign. It appeals to all sectors of business and across all sectors of society, and support is coming from Wrigley, McDonald’s, Network Rail, Coca-Cola, Waitrose and many others. Businesses can contribute in many ways: by supporting the campaigning effort; by carrying their message to customers, staff and others; and, directly, through changing the design of their products, packaging and services to reduce the possibility of litter from the outset. The “Love Where You Live” campaign holds promise in being able to attract widespread support to capture the public’s imagination and inspire civic pride, especially in this year of the Queen’s diamond jubilee, and the London Olympic and Paralympic games.

Oral Answers to Questions

Tessa Munt Excerpts

Thursday 26th April 2012 Commons Chamber

[Richard Benyon]

May I put on the record my thanks to the right hon. Gentleman—I thank other Members too, but him particularly—for his work in supporting what we have been trying to do? He is a long-standing supporter of the waterways. I absolutely assure him that the governance model we have introduced will create an independent organisation that cannot be tampered with by Ministers in future, and certainly not by this Minister, who passionately wants the charity to succeed.

[Tessa Munt (Wells) (LD)]

Currently boats are allowed to discharge effluent into rivers and watercourses. I recognise the difficulties with some locations, which are very remote from any practical answer to the problem, but what measures is the Minister taking to call a complete halt to this practice so that the quality of beach bathing water, particularly in the west country, is kept to the very highest standards?

[Richard Benyon]

Water quality is an absolute fundamental, and releasing pollutants into waterways can affect our ability to comply with the directives that we have signed up to, such as the water framework directive, so it is an absolute priority as well. We have allocated funding to improve water quality. I will certainly look at any regulations, and if the new charity comes forward with suggestions that require legislation on any level, we will certainly consider that.