Asked by: Beth Winter (Labour - Cynon Valley)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment she has made of the potential implications for her policies of the release of non-native (a) raptors and (b) other birds of prey into the wild.
Answered by Trudy Harrison
Release of non-native birds of prey (also known as raptors) in England is regulated by section 14 of the Wildlife and Countryside Act 1981 (WCA) which prohibits the introduction into the wild of any animal of a kind which is not ordinarily resident in, and is not a regular visitor to, Great Britain in a wild state, or any species of animal or plant listed in Schedule 9 of the Act.
Section 16 of the WCA provides for the release of such non-native species into the wild if it is done under and in accordance with the terms of a licence. Any potential implications of the release would be assessed as part of the license issuing process.
The refreshed GB Invasive non-native species strategy, published in early 2023, follows internationally recognised principles and priorities of prevention, rapid eradication and management, which we are committed to continuing.
Asked by: Baroness Jones of Whitchurch (Labour - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government what steps they are taking to implement the requirements of the Wildlife and Countryside Act 1981 to record all rights of way on a definitive map; and what proportion of applications for new public rights of way are outstanding.
Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)
Local Authorities are responsible for implementing the requirements of the Wildlife and Countryside Act 1981 for the recording of rights of ways on the definitive map and statement for the area they are responsible for. The Government is committed to taking forward a number of reforms which will streamline the process for the recording of all rights of way. Details on outstanding applications are not held centrally.
In addition, the Government has tabled an amendment to the Levelling Up and Regeneration Bill to amend the Countryside and Rights of Way Act 2000 to undertake a review of open access land mapping before 1 January 2031 so that as many people as possible can enjoy more of England’s mountains, moor, heath, down and registered common land.
Asked by: Baroness Kennedy of Cradley (Labour - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government what assessment they have made of the rights of walkers in England in accessing the countryside.
Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)
The Government recognises the importance of ensuring that walkers have the right to access the countryside, and there is legislation and mapping tools in place to support this. The Highways Act 1980 and The Wildlife and Countryside Act 1981 provide for the creation of new public rights of way, recording of existing rights of way and changes to the network. Similarly, the Countryside and Rights of Way Act 2000 created open access land where walkers can roam freely.
The Government has developed Open Access maps, which allow walkers to identify areas of open access land, as well as Rights of Way Improvement Plans (ROWIPs) which require local authorities to assess and improve the condition of existing rights of way. The government has also provided funding through the Revenue Support Grant (RSG) to support local authorities in delivering their ROWIPs.
Asked by: Daniel Kawczynski (Conservative - Shrewsbury and Atcham)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, if he will delay the opening of the woodcock shooting season to 1 December.
Answered by Trudy Harrison
Defra is committed to reviewing the protection we afford to wild birds listed on Schedule 2 of the Wildlife and Countryside Act 1981, which permits the hunting of a species listed on Part 1 outside of its close season.
This review will seek to establish the evidence underpinning the listing of species such as the woodcock, so we can ensure that recreational shooting is sustainable and does not undermine species recovery. This might include amending the close season for native species such as the woodcock.
Engagement with Natural England and the Devolved Administrations is already underway, and we anticipate meeting further with them and other key stakeholders to hear their views in the coming weeks. Once Natural England has completed its analysis, we will be considering if any changes ought to be made to Schedule 2.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government whether the otter population in England is increasing or decreasing; and what steps they intend to take (1) to protect otter habitats, and (2) to reduce otter deaths on the road.
Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)
The latest National Survey for Otter in England (2009-2010) noted that the otter was increasing in most of England, with the possible exception of the very south-east where no signs were found in Kent and most of Sussex.
Otters are protected under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017. They are also listed as a species of principal importance under the Natural Environment and Rural Communities Act 2006. Thirty-two sites have been notified as a Site of Special Scientific Interest for their otter interest. There are five Special Areas of Conservation sites for the species and 10 further Special Areas of Conservation where otters are a qualifying feature but are not the primary reason for designation.
Due to the level of legal protection afforded to the otter, any new road scheme which has the potential to impact on the species must provide mitigation or compensation measures to prevent road mortality. Mitigation measures include the provision of pipes under roads or otter ledges within culverts.
Asked by: Christopher Chope (Conservative - Christchurch)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, if she will allow Natural England to extend the Holt and West Moors SSSI to incorporate the adjoining 4.8 acres of Blackfield Farm which Natural England has identified as being of significant importance to flora and fauna.
Answered by Trudy Harrison
Defra ministers have no formal role in the notification of terrestrial Sites of Special Scientific Interest (SSSIs). Notifications are a matter for Natural England and are based on Natural England’s opinion on the evidence for special scientific interest on a site. If Natural England is satisfied that the science supports the proposal to notify the site under Section 28 of the Wildlife and Countryside Act 1981, it is under a duty to do so. Natural England must notify all owners and occupiers and inform the local planning authority, Defra Secretary of State and certain public bodies.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, whether his Department is taking steps to help tackle the sale of (a) Ferber Painting Badger Killer, (b) Ferber Painting Hedgehog Killer and (c) other illegal poisons that are used on protected species.
Answered by Trudy Harrison
The Government strongly condemns any attempts to harm or kill hedgehogs or badgers with either of the named Ferber Painting products, and the use of any poisons targeted at our protected species. Badgers and hedgehogs are both protected under the Wildlife and Countryside Act 1981. Those found guilty of such illegal activities can expect to face the full force of the law, including potentially severe fines and custodial sentences.
The Health and Safety Executive (HSE) is investigating after being made aware of Ferber Painting products being advertised for sale online for the control of protected species.
There are strict regulations in place in Great Britain (GB) to make sure that products for pest control are used properly. Products must be authorised before they can be made available on the market and must be used in accordance with the conditions of that authorisation. There are no such authorisations for the two Ferber Painting products referenced.
It is a criminal offence to fail to comply with the laws that regulate the supply of chemicals in GB, or to use chemicals in a way which harms people, pets, protected species or the wider environment, with penalties that may lead to unlimited fines or imprisonment.
There are robust, multi-agency arrangements in place for enforcing the illegal supply and use of chemicals which include HSE, the Environment Agency, the police and local authorities, with the illegal poisoning of protected species investigated by a dedicated Wildlife Incident Investigation Scheme. HSE will be engaging with these agencies where appropriate as part of this investigation.
Asked by: Andrew Rosindell (Conservative - Romford)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, what steps her Department takes to protect endangered species in the UK.
Answered by Trudy Harrison
Species of conservation concern are provided robust legal protection, primarily through the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2017. The police are the main enforcement agency for this legislation and Defra has more than doubled its funding of the National Wildlife Crime Unit to £1.2 million over the next three years to target wildlife crime priorities.
The habitats of many endangered species are afforded statutory protection as Sites of Special Scientific Interest (SSSIs). We are committed to restoring 75% of our one million hectares of SSSIs by area to favourable condition by 2042, a key goal within our 25 Year Environment Plan. This will enable SSSIs to fully contribute to our Environment Act target to halt the decline in species abundance by 2030.
Asked by: Caroline Lucas (Green Party - Brighton, Pavilion)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, with reference to the Wildlife and Countryside Act 1981, what steps she is taking to eradicate rhododendron ponticum in England; and if she will make it her policy to introduce a ban on the sale of that species in England.
Answered by Trudy Harrison
Rhododendron ponticum is considered an invasive plant and, as such, is listed on Schedule 9 of the Wildlife and Countryside Act 1981. Therefore, it is an offence to plant or otherwise cause to grow this species in the wild. However, Rhododendron was first recorded in the wild over a hundred years ago and is so widespread that national eradication is not considered viable using current techniques.
The Countryside Stewardship scheme has a grant for farmers and land managers to fund Rhododendron control, reducing the negative effect it can have on a site.
There are no plans to introduce a ban on the sale of Rhododendron ponticum in England. It is already very widely spread, and the further spread is mainly caused by the seeds of long-established plants. A ban on sale is therefore not considered likely to substantially reduce the distribution of this species.
Asked by: Caroline Lucas (Green Party - Brighton, Pavilion)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, with reference to the definition of non-native species in the Wildlife and Countryside Act 1981, how many Species Control Agreements and Species Control Orders have (a) been issued by environmental authorities in England since the Infrastructure Act 2015 came into force and (b) specifically relate to control of Rhododendron ponticum.
Answered by Trudy Harrison
There have been no Species Control Agreements or Species Control Orders issued by environmental authorities in England since the Infrastructure Act 2015 came into force and therefore none specifically related to the control of Rhododendron ponticum.
These provisions are used primarily to remove newly arrived invasive non-native species or species that currently have a relatively restricted distribution but have the potential to become more widely spread. In general, it would not be an appropriate use of these powers or an effective use of resources to seek to apply these provisions to invasive non-native species that are already widespread.