Oral Answers to Questions

Julian Sturdy Excerpts
Thursday 28th March 2019

(5 years, 1 month ago)

Commons Chamber
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Michael Gove Portrait Michael Gove
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Other European countries are looking enviously at the United Kingdom Government and piteously at the Scottish Government, whose contortions on constitutional questions continue to lead other European statesmen to wonder why a great country with so many talented people is in the hands of such a parcel of rogues.

Julian Sturdy Portrait Julian Sturdy (York Outer) (Con)
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In light of Dieter Helm’s recent comments, how much weight does the Secretary of State give to food security in developing future farming policy?

Michael Gove Portrait Michael Gove
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I have enormous respect for Professor Helm, but food security is absolutely central to my Department’s and this Government’s mission.

Insect Population

Julian Sturdy Excerpts
Wednesday 20th March 2019

(5 years, 1 month ago)

Westminster Hall
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Alex Sobel Portrait Alex Sobel
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Absolutely. The majority of the UK’s land area is still rural, and farmers will have a huge role in this process. We need to see quite a radical change in farming, one that moves away from artificial pesticides and towards natural land management.

Julian Sturdy Portrait Julian Sturdy (York Outer) (Con)
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I congratulate the hon. Gentleman on securing this really important debate. There is one thing that I want to raise with him. Does he accept that there is a balance—this is the real problem here—between feeding a growing global population and protecting and enhancing the environment and biodiversity, which is also so important? If so, does he agree that the way to bridge that gap will be through new technology?

Alex Sobel Portrait Alex Sobel
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Technology certainly has a place and we need more resilient crops, so we need to move away from the use of chemicals and actually breed that resilience into the crops, which is where technology and research come in. I think there would be a race to the bottom if we said that we could produce enough food only if we increased the chemicalisation of farming.

I will now move on to my recommendations for the Minister—I am sure that she is waiting with bated breath to hear my ideas on how to improve insect populations. I have to say that the Government have belatedly acknowledged the issue and taken some action. I commend the Minister for the following four actions—I am sure that she will be pleased to hear me say that. The Government are developing a national B-Lines pollinator network to reconnect wildlife and they have announced £60,000 of funding for England. They have also introduced a national pollinator monitoring scheme and are moving towards paying land managers for providing public goods, such as biodiversity and pollination services. They are also banning three bee-harming and water-polluting insecticides.

However, the forthcoming environment Bill and the remaining stages of the Agriculture Bill provide unparalleled opportunities to start taking action on preventing the insect Armageddon. Today, as the hon. Member for Richmond Park (Zac Goldsmith) mentioned, the Minister could commit to accepting new clause 11, tabled by the hon. Member for Brighton, Pavilion (Caroline Lucas), which would reduce pesticide use. The Agriculture Bill also provides an opportunity for farmers to be incentivised to deliver nature-friendly farming that will increase insect and wildlife populations, such as providing food for farmland birds and planting wildflower margins. These incentives should be delivered as part of the “public money for public goods” section of the Bill.

The Environmental Audit Committee is still undertaking pre-legislative scrutiny of the draft environment Bill, but it would be fair to say that the proposals for the new watchdog are weak. There must be a higher level of independence for the new watchdog and stronger powers, including the ability to impose heavy fines. We need to enshrine environmental principles in UK law, to make sure that when we make new laws we consider the impact they will have on nature. The Bill should set in stone ambitious and measurable targets for nature’s recovery, which are not just laid out in plans but enshrined in law.

Modern Farming and the Environment

Julian Sturdy Excerpts
Tuesday 12th March 2019

(5 years, 2 months ago)

Westminster Hall
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Rebecca Pow Portrait Rebecca Pow
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Thank you so much, Mr Evans, because the clock in here is very confusing.

Biodiversity is at the root of everything we are now trying to do. Instead of just focusing on special areas—for example, those funded by our higher level studentship grants, which do great work—we need to raise the general standard of biodiversity across the board, and it is something that we need to introduce in our new legislation. For that, we need accurate monitoring and data, spatial plans and a statutory requirement to monitor what is being paid for. I would ask the Treasury, “Please, can we include the net gain principle in the Environment Bill?”

As many of my colleagues know, soil is one of my passions—strange, but true. A third of the world’s arable soils are degraded. Every minute, we wash away 30 football pitches’ worth of soil and send it down the water courses. In England and Wales, the loss of our soils is costing our economy £1.2 billion. That is unacceptable and we need to do something about it.

Soil delivers so many of our services: it cleans water; it holds water; it grows the food we need; and it holds carbon. That carbon-holding property is crucial and we could really tackle our climate change targets if we addressed soil.

Julian Sturdy Portrait Julian Sturdy (York Outer) (Con)
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My hon. Friend makes a powerful point and I totally agree with her on soils. Does she not agree that the key is to raise organic matter? Raising it in soils means more carbon captured and also more water absorbed and held, which means sustainable crops in extreme weathers and huge benefits to our local environment.

Exiting the European Union (Agriculture)

Julian Sturdy Excerpts
Wednesday 20th February 2019

(5 years, 2 months ago)

Commons Chamber
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George Eustice Portrait The Minister for Agriculture, Fisheries and Food (George Eustice)
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I beg to move,

That the draft Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019, which were laid before this House on 16 January, be approved.

This instrument makes amendments to domestic legislation and retained direct EU legislation that would otherwise not be operable after our exit from the European Union. It makes only those changes required to ensure a smooth exit from the European Union and does not change the definition or compositional requirements of fertilisers.

Fertilisers are essential yearly inputs for the UK agricultural, horticultural and amenity sectors. The UK is a net importer of fertiliser products, with only domestic production of potash, polyhalite, ammonium nitrate and lime contributing to the UK’s total fertiliser requirement. The legislation on fertilisers concerns the manufacturing and marketing of products. It provides for the definition, composition, labelling and packaging requirements for specific categories of fertilisers that are set out in lists. This legislation does not address the application or use of fertilisers. Such issues tend to be dealt with through separate provisions in measures such as the nitrates directive.

In 1975, the EU created its first set of legislation relating to fertilisers. However, the wide disparity in existing fertiliser rules between member states, and the bulky nature of these materials restricting cross-border trade, meant that it was not suitable to fully harmonise rules on all fertilisers throughout the EU. Instead, fertiliser rules were partially harmonised to begin to remove technical barriers to trade within the EU. The UK has therefore kept its existing domestic framework alongside the EU framework. The EU regulation sets out the requirements for so-called EC fertilisers, or previously EEC fertilisers, which can be sold freely across the European Union. Manufacturers can choose which framework to market their products under. This partial harmonisation remains in place today.

The current domestic framework for any material described as a fertiliser is the Fertiliser Regulations 1991. In the EU, the current framework is the EU regulation EC 2003/2003, which applies only to fertilisers labelled “EC fertiliser”. It was implemented in UK law by the EC Fertilisers Regulations 2006. In addition, ammonium nitrate fertilisers are controlled through safety regulations that apply to all ammonium nitrate in Great Britain.

This statutory instrument amends domestic legislation that is out of date and addresses the failures of retained EU law to operate effectively, along with other deficiencies arising from the UK’s withdrawal from the European Union. Part 2 of the instrument amends out of date references in the domestic legislation. For example, it omits references to “EC fertilisers” and “EEC fertilisers” to ensure clarity for users of the legislation.

In the case of EU legislation, part 3 of this instrument amends retained EU law to ensure that it will operate effectively after exit day. For example, references to member states and the Commission are amended to refer instead to UK authorities. A requirement on the language to be used on labels is also amended. It replicates the EU framework in UK law, replacing the “EC fertiliser” label with a new equivalent “UK fertiliser” label. The requirements will otherwise remain the same. The instrument also amends the EU framework to include a provision that preserves the ability of relevant bodies in the UK to continue to be able to take certain actions such as prescribing how specified fertilisers should be identified. Part 4 amends domestic legislation as a result of exit, ensuring continuity of supply by recognising the EC fertilisers label for a two-year transitional period after exit day. This will minimise burdens on businesses and authorities and enable suppliers to use up existing stocks, both of fertilisers and packaging. The amendments in the statutory instrument do not change the definition, compositional requirements, or labelling or packaging rules for fertilisers, whether they are marketed under the existing domestic framework—the 1991 regulations—or the EU framework.

Ammonium nitrate fertilisers are additionally covered by domestic safety regulations, since they can be misused as improvised explosives and pose safety risks if mishandled in manufacture, transport or storage. It is worth noting that part 4 of the instrument also amends the regulations surrounding ammonium nitrate fertilisers with high nitrogen content in Great Britain, to treat imports from EU member states the same as imports from other third countries in line with World Trade Organisation obligations.

Under the GB ammonium nitrate regulations, the rules for imports from the EU are different from those for imports from outside the EU. In the light of WTO rules, it would not be possible to retain these differences, so the instrument amends some aspects of the ammonium nitrate regulations, in particular the detonation resistance tests, to apply the more stringent of the two regimes to all imports after the end of the two-year transition period and to uphold current safety standards.

The definition of what constitutes a “batch” of ammonium nitrate differs depending on whether the import comes from the EU or elsewhere.

Julian Sturdy Portrait Julian Sturdy (York Outer) (Con)
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This is a very important issue for the fertiliser industry. Could the Minister clarify whether this provision would give the opportunity to Ministers and the Department to charge fees to cover the costs of tests needed for official control measures?

George Eustice Portrait George Eustice
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My hon. Friend makes an important point. That is why the regulations were referred by the sifting Committee for debate. There is already a power in the existing regulations for authorities to make charges for that testing. All we sought to do in drafting was retain that ability. Broadly speaking, the testing we do here in the UK is run by the Health and Safety Executive at our facility in Buxton and it tends to be a commercial choice for the fertiliser companies whether to use that or to use an alternative at their own cost. There is not really a cost recovery mechanism that is deployed beyond that; it is simply based on research done by the companies. We have clarified and made a change to the drafting of the regulation to be clear that we simply seek to retain the existing abilities to charge rather than to create new ones.

Continuity of supply is ensured by a transitional period for imports from the EU, which provides 99% of imported ammonium nitrate to the UK. That allows the continuation of current rules on the time limit for detonation resistance tests and the ability to recognise EU laboratory test certificates. These arrangements give manufacturers time to prepare for compliance with the import rules post exit and reduce any burdens on UK laboratories immediately after exit.

The definition of what constitutes a “batch” of ammonium nitrate differs depending on whether the import comes from the EU or elsewhere. We have taken a view on that regarding when the quantity of material manufactured without alteration of composition or characteristics is longer than 92 days. We will therefore retain the EU definition of “batch”.

The instrument was previously presented to the sifting Committee on 1 November 2018 as one that should be subject to the negative procedure. As I explained to my hon. Friend the Member for York Outer (Julian Sturdy), the sifting Committee did not agree. It considered that the effect of one regulation was to allow Ministers to charge fees. In addition, it considered that the instrument conferred powers to legislate. It therefore recommended that this instrument be debated in Parliament. The instrument has been amended since it was presented to the sifting Committee to reflect certain recommendations in the Committee’s report. For example, the provisions that the Committee considered to confer powers to legislate have been redrafted to make it clear that they do not contain new legislative functions.

In general, fertiliser policy, as with other agriculture policy, is devolved. The devolved Administrations were closely engaged in developing these regulations, which apply to the same geographical area as the original legislation that they amend. All Administrations have agreed to maintain a single common framework for fertilisers labelled as UK fertilisers, while continuing their own domestic framework. That will make the marketing of fertilisers much clearer for industry, and is a good example of how well the four Administrations work together towards a common goal.

The instrument relates to the maintenance of existing regulatory standards, with no significant impacts or new administrative or economic burdens on business or other stakeholders. Although there was no statutory requirement to consult on the instrument, officials have held discussions with key stakeholders, including the fertiliser manufacturers’ representative body, which is the Agricultural Industries Confederation, and the farmers’ representative body—obviously, the National Farmers Union. Their main concerns have been addressed by allowing for a transitional period for existing rules and compliance with the amended rules.

In conclusion, the changes to the rules on ammonium nitrate have been developed in conjunction with the HSE and the Home Office, to ensure that safety and security elements are maintained. This package of measures is essential to ensure that retained EU law continues to operate effectively in the UK once we leave the EU. I commend the regulations to the House.

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George Eustice Portrait George Eustice
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I now have even more points to try to address, and I will do so as comprehensively as I can.

First, I turn to the points made by the shadow Minister, the hon. Member for Stroud (Dr Drew). He raised a general point about the use of fertilisers, which is that we should be trying to encourage more sustainability, perhaps through the use of organic fertilisers. He will be aware from the discussions we have had in the Agriculture Public Bill Committee that we are looking, in clause 1, to be able to incentivise more environmentally sustainable farming, which could include, for instance, supporting the use of organic farmyard manures more than manufactured fertilisers. He should also recognise that increases in fuel costs have anyway had a major knock-on impact on the cost of fertilisers in recent decades, such that in the past 30 years or so fertiliser use in the UK has fallen by about 40% already. He pointed out that at the moment we import most of our ammonium nitrate, predominantly from the European Union; there is one manufacturer of ammonium nitrate here in the UK.

The hon. Gentleman asked about the impact on security—in particular, whether there is a risk that the material will get into the hands of terrorists. As I pointed out, we have gone for the more stringent detonating test regime, meaning that any consignment imported to the UK, whether from the European Union or a third country, would have to have had that detonation test within the previous 60 days. We are applying the more stringent set of rules that we have for third countries to all countries.

On the general issue of security, I also point out that in 2006 a fertiliser industry assurance scheme was set up between the Government and the Agricultural Industries Confederation, and it has since successfully created and monitored voluntary standards in the industry supply chain to ensure that ammonium nitrate fertiliser can be traced and does not end up in the wrong hands.

Although we have made changes to the GB regime for detonation testing and the ammonium nitrate regime, as I said in my opening comments Northern Ireland has its own specific rules in this area. The ammonium nitrate safety regulations apply to Great Britain. Owing to the past misuse of ammonium nitrate in making improvised explosive devices, Northern Ireland has its own controls under the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 and, under existing rules, the Explosives (Northern Ireland) Order 1972. Those prevent any import, storage or use of ammonium nitrate fertilisers without a tier 1 explosives precursor licence from the Police Service of Northern Ireland. The situation in Northern Ireland is more thorough still, given the tragic history of which we are all aware.

The hon. Gentleman mentioned that we have not conducted an impact assessment. As the hon. Member for Edinburgh North and Leith (Deidre Brock) pointed out, that is because we are not seeking to make any substantive change to policy—indeed, the stated aim of all these EU exit SIs is, as far as we are able, to maintain the status quo from day one after we leave the European Union, to ensure that we have an operable law book. He also made a specific point about the technical note on page 5, which he claimed he could not download. I am reliably informed that, since he mentioned that, my officials have been online to double-check and successfully downloaded it. Perhaps the issue had more to do with the hon. Gentleman’s IT than with our system; nevertheless, I thank him for raising that so that we could at least double-check.

The hon. Gentleman also raised an important point about storage: what happens if material is stored beyond the two-year transition? We arrived at the two-year transition period for sale having consulted the industry. The industry generally thought it an appropriate period both to be able to market its existing stocks and to give it plenty of time to use up any residual fertiliser packaging and order new packaging.

Julian Sturdy Portrait Julian Sturdy
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I draw Members’ attention to my declaration of interest. Would what the Minister has said apply to on-farm stock as well?

George Eustice Portrait George Eustice
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No. I was about to come to precisely that point, which was also made by the shadow Minister. If during the two-year transition period a farmer has bought products labelled under the previous EU regulations, he can then store them on farm. As I pointed out at the beginning, these are marketing regulations—pertaining to the sale of product, not storage or use after sale.

Finally, the hon. Members for Stroud and for Edinburgh North and Leith asked about the specific issue of tariffs on fertilisers. This is an issue that the Government are currently considering. As hon. Members may be aware, while farming representative groups such as the NFU would like to retain tariffs on some agricultural commodities, they are equally keen to have tariff rate suspensions on some fertiliser products. We are giving that consideration. It is important to note, however, that if we were to set a unilateral autonomous tariff rate quota or suspend tariffs on a unilateral basis, we would have to offer the same terms to all countries in the world, probably including Russia, notwithstanding the approach the European Union is currently taking.

Agriculture Bill

Julian Sturdy Excerpts
Wednesday 10th October 2018

(5 years, 7 months ago)

Commons Chamber
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Julian Sturdy Portrait Julian Sturdy (York Outer) (Con)
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I start by drawing the House’s attention to my entry in the Register of Members’ Financial Interests. This is a historic moment for British agriculture, and I warmly welcome certainty and clarity for the sector regarding the shape of future agreements that the Bill provides. Certainty is as vital for agriculture as it is for any other business sector. That is highlighted by the proposals for a seven-year transition period, beginning in 2021, between CAP and the new policy, which will provide farmers with much-needed time to refashion their business models and plan for the future. The transition period is longer than predicted, which must be welcomed, and demonstrates the Government’s commitment to the progressive evolution of the sector rather than the cliff-edge revolution that was once discussed.

I also welcome the phasing out and delinking of basic payments, including lump-sum payments, to assist farmers in diversification or exiting the market, including through funding retirement, thereby supporting new entrants to the sector. Proposals to encourage new blood into agriculture should be promoted enthusiastically.

Mary Creagh Portrait Mary Creagh
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While we may welcome payments that enable farmers to exit farming, does the hon. Gentleman agree that there should be protections for the taxpayer in the statutory instruments that flow from this Bill? We cannot have a farmer taking seven years’ payments up front to retire and then signing the farm over to his son or daughter the next day, thereby double claiming on the same land for the next seven years.

Julian Sturdy Portrait Julian Sturdy
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I accept that fair point, but my reading is that land belonging to those who take their retirement money up front and leave the sector—land that we hope would go to a new entrant—would not be entitled to any payments. However, the devil will be in the detail.

Huw Merriman Portrait Huw Merriman (Bexhill and Battle) (Con)
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Does my hon. Friend share my concern that financiers from the City, rather than new entrants, may purchase that land? That is an issue that I see in East Sussex, where the possibility is that we may lose farming altogether.

Julian Sturdy Portrait Julian Sturdy
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My hon. Friend makes a good point, but is that not more about our tax system than this Agriculture Bill? Perhaps that is something to consider going forward.

As chair of the all-party parliamentary group on science and technology in agriculture, I support the principle of shifting state funding for the sector towards supporting innovation and productivity gains, alongside public money for public goods. Leading technologies of the fourth industrial revolution, such as robotics, data science, autonomous vehicles and biotechnology, have the potential to transform agriculture, so it is wise to concentrate support on facilitating the growth and efficiency gains of tomorrow. To that end, a commitment from Ministers to a certain level of funding for productivity and innovation after the “same cash total to 2022” guarantee expires would be most useful in this area.

I note that, as some Members have already said, soil health is not specifically mentioned in the text of the Bill as a public good that deserves financial assistance. There are, though, very encouraging references to it in the Department’s policy statement; that is important given the importance of soil for flood prevention, for the preservation of fertility and for productivity for future generations. I hope that Ministers can give greater prominence to soil health as the Bill progresses.

I broadly support the transition to a system of public money for public goods, but I urge the Government not to lose sight of the fact that the main activity of most farmers will and should remain the production of food. Moreover, food production and environmental stewardship are already two sides of the same coin, as several Members have said. A resilient and profitable agricultural sector is nature’s best friend. If we remember that, we can have a good environmental policy.

The supposedly natural landscapes and countryside of today have been shaped by centuries of agriculture, from the clearing of the forests that once covered virtually all our islands to the first planting of cereals. Policy making in this subject area will therefore benefit from the constant understanding that farming is not some imposition on or extraction from the country, but a positive evolutionary force that has shaped the green and pleasant land that we all seek to protect.

I am glad to see that food security is covered in DEFRA’s accompanying policy statement, but it is not specifically mentioned in the Bill. The National Farmers Union recently estimated that if the UK tried to live solely off locally produced food for a whole year, starting in January, we would run out by 6 August. Global population growth means that humanity will have to produce sustainably 70% more food by 2050. That represents 1 billion more tonnes of rice, wheat or other cereals alone. Such figures illustrate the question to which any comprehensive farming and environmental policy will have to stand up. I know that Ministers are deeply aware of this policy aspect, but it would be reassuring to hear further detail on the Government’s vision for food security as it relates to domestic food production.

The Government need to make sure that the move towards supporting public goods does not have unintended negative consequences. I have spoken to the Minister about this issue in the past. The classic example of the unintended consequences of the CAP is the renowned three-crop rule. Although it might have been put in place for the right environmental reasons, it has had huge negative impacts, certainly throughout the UK. The Secretary of State rightly emphasised that the CAP currently incentivises farmers to put every possible acre into food production, so less public funding is available for natural capital assets such as wetlands and forests. Equally, I am sure that he does not want to see a situation in which policy incentivises farmers to take as many acres as possible out of food production, or to cease farming altogether, lay off workers and just collect payments for managing land to provide public goods. Balance is needed, and we have to find that balance for the policy and in the Bill.

Similarly, in designing the policy, Ministers must take care to ensure that funding for the sector is not substantially transferred to people who just own land and are not actually farmers. That might best be done by putting in place clear commitments on future funding to support innovation and productivity increases on farms.

I applaud the measures in the Bill that will allow the Secretary of State to introduce regulations to ensure fair dealing with agricultural producers and to facilitate that through the collection of data, which is mentioned in the Bill a lot. It is important that Ministers make clear as soon as possible how they intend to use the powers and how they can be made as comprehensive and effective as possible, with real teeth, ultimately. There are many positive aspects to the Bill that I support, but the devil will always be in the detail, and that is what I will scrutinise as the Bill progresses through Parliament.

Fly-tipping

Julian Sturdy Excerpts
Tuesday 17th April 2018

(6 years, 1 month ago)

Westminster Hall
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Neil Parish Portrait Neil Parish
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I thank the hon. Lady for that intervention. I accept that that is indeed the case. Fly-tipping can involve anything from a mattress or a sofa to large quantities of rubbish. Around our big conurbations, certainly in the midlands and other areas, there seems to be what I would call industrial tipping, involving lorry loads of waste, perhaps from hospitals or wherever. Everybody thinks it is being taken away legitimately, but it is tipped. The closer one is to larger conurbations, the worse the problem, especially for cases involving large quantities.

Julian Sturdy Portrait Julian Sturdy (York Outer) (Con)
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I congratulate my hon. Friend on securing this important debate. Does he agree with me that there is a correlation between what local authorities charge for disposing of waste and the incidence of fly-tipping? Nottingham City Council cut all charges for small items in 2013 and has seen a drop of two thirds in fly-tipping in its area.

Neil Parish Portrait Neil Parish
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My hon. Friend makes a very good point. When it comes to small-scale fly-tipping, if people can go to a tip and not be charged, it encourages them to dispose of waste properly. It seems to have had an effect in Nottingham, and I shall have a series of asks for the Minister at the end of my speech. However, it might not reduce industrial tipping, where people have to pay quite a lot for disposal because of the cost of landfill. That is where there seems to be a major problem.

If we could find who has carried out the fly-tipping, we could impound their lorries and take away their means of operation. That would also send a message to others that it is a dangerous job. We do not need to catch many people operating on an industrial scale if we are prepared to take really tough enforcement action.

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Jack Brereton Portrait Jack Brereton
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I totally agree. This is about inward investment and tourism, too, and fly-tipping detracts from that. It is important that we have a zero-tolerance approach to this unacceptable behaviour.

Stoke-on-Trent has experienced the dire consequences of waste being stored illegally. Hanbury Plastics—a site that never held an environmental permit to store waste—went up in smoke initially in February 2017, with a subsequent fire in November. I should declare a personal interest; the site is only about 600 yards from my home. At its peak, the site contained about 10,000 tonnes of waste. The Environment Agency continually issued legal notices to reduce that to a safe level of about 1,500 tonnes. The situation has been ongoing since 2014, yet the various agencies involved are seemingly powerless to act. Clearly, it is too late to prevent what happened at those sites, but many other waste sites around the country continue to operate above the law.

Julian Sturdy Portrait Julian Sturdy
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My hon. Friend is making a really good point. The term “fly-tipping” seems to cover a huge variety of waste—from black bin bags thrown out of a car on to the street, to the industrial waste that my hon. Friend is talking about. Does he agree that industrial fly-tipping is part of a wider criminality, which needs to be tackled? We need to ensure that local authorities work much closer with our enforcement agencies such as the police.

Jack Brereton Portrait Jack Brereton
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I totally agree. A black market is emerging around fly-tipping, with links to numerous other crimes. It is helping to fund other criminal activities.

The former Twyford factory in Stoke-on-Trent is another such site. I have corresponded with the Minister about it previously, so she knows about it. It poses a huge risk, with former industrial buildings now overflowing with flammable waste. This is a site right next to the west coast main line and the A500 trunk road. If it were to be set alight, there would be untold consequences right across the region. On further inspection, Staffordshire Fire and Rescue Service has gone to the lengths of saying that, in that scenario, it would probably be far too dangerous to attempt to firefight it. That is not to mention the likely damage that a fire would cause to the railway. Services would be disrupted and the smoke plume could even result in the closure of the M6.

The current legislative framework is far too complex, with responsibilities often split across competing agencies such as the Environment Agency, local authorities and the fire and rescue service. Clearly, there is a vital need for improved legislation to combat the increased number of illegal waste sites and inevitable fires, and for measures to deal with the consequences. As the situation stands, the complexity of the law leaves holes for underhand behaviour. The current scale of the problem was not envisaged by the existing legislation, which is particularly concerning given the organised nature of illegal waste sites, with frequent links to more extensive crime networks.

The Government have already made significant progress to ensure that action is taken, but more is needed to beef up those powers and to ensure that more robust powers are available to those agencies and decisive action can be taken. It is important to consider what more can be done to ensure that the cost burden of the extensive emergency response and the eventual clean-up of those sites does not continue to be felt so significantly by those agencies and by the Government, who can ill afford it. It would be encouraging to hear how the Government can help agencies to recover some of the costs from the rogue businesses that perpetrate those crimes.

Oral Answers to Questions

Julian Sturdy Excerpts
Thursday 7th December 2017

(6 years, 5 months ago)

Commons Chamber
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Trudy Harrison Portrait Trudy Harrison (Copeland) (Con)
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8. What recent assessment he has made of the resilience of flood defences in Cumbria.

Julian Sturdy Portrait Julian Sturdy (York Outer) (Con)
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12. What recent assessment he has made of the resilience of flood defences.

Thérèse Coffey Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)
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The resilience of flood defences is good. In October, the Environment Agency’s assessment showed that over 95% of the flood defence assets it maintains in the highest risk areas were at, or above, the target condition, and in Cumbria the proportion was 97.5%. We have repaired all the flood defences damaged in the winter of 2015. We know there is more to do to help communities in Keswick as well as other parts of Copeland and across Cumbria. That is why we allocated £58 million extra for flood risk management schemes.

Thérèse Coffey Portrait Dr Coffey
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My hon. Friend is right to raise the issue of that particular village. I am aware that the shortlisting of options is due to be completed next month, with a target date of the end of 2019. I will be meeting her and her colleagues from Cumbria next week to discuss the details further.

Julian Sturdy Portrait Julian Sturdy
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Hard flood defences such as the Foss barrier and whole catchment management solutions are vital for cities such as York, but it is essential that those strategies equally protect smaller communities. Can the Minister assure me that communities south of York will not be forgotten as we progress and continue to develop flood management schemes?

Thérèse Coffey Portrait Dr Coffey
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I can certainly give my hon. Friend that assurance. The York long-term plan will use a whole catchment approach to flood risk management. It includes upper catchment management changes, which will be a key component in reducing risk to York and other communities downstream, including the ones to which he refers. I can assure him that the modelling by the Environment Agency ensures that hard flood defences in York will not impact on the communities he has mentioned.

Lowland Curlew

Julian Sturdy Excerpts
Tuesday 17th October 2017

(6 years, 7 months ago)

Westminster Hall
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Lord Benyon Portrait Richard Benyon (Newbury) (Con)
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I beg to move,

That this House has considered lowland curlew.

It is a pleasure to talk about the natural environment under your chairmanship, Sir Roger, as you have spoken out forcefully for animal welfare and the natural environment during your time in Parliament. One of the great things about this forum is that is allows Members of this House to indulge their passions. I am proud to call myself a passionate bird lover.

I applied for this debate in the context of a crisis of species decline across these islands. For me, the curlew is special. It is one of our largest waders, with a beautiful, haunting call, but this species of bird is in serious trouble across large parts of Britain. Across many counties, species of birds, mammals, invertebrates and plants are going extinct. The curlew is already extinct in my county of Berkshire, and it is estimated that there are just 300 pairs of breeding curlew left south of Birmingham. At the current rate of loss, they will disappear from southern England in the next eight years. Like the nightingale and corncrake, these once-common and much-loved birds are silently vanishing. The reason is simple: curlew chicks are being killed by predators. In one study site in Shropshire, 63 eggs in 19 curlew nests were monitored by volunteers, and not one chick fledged. The majority were predated by foxes.

My hon. Friend the Member for Ludlow (Mr Dunne), who has just left the Chamber, is extremely proud of the volunteer operation to protect curlew in Shropshire and is desperate to know more about what can be done to protect the remaining curlew in his county. Sadly, those facts about predation are not unique to Shropshire. Sites in Hampshire and Devon reported 100% nest failure last year. Those dire results prompted me to request this debate about the failure of existing conservation approaches to face tough decisions.

We need to recognise that this species is slipping away because our national approach to conserving species does not work well enough. Ten years ago, the Environmental Audit Committee identified that a new approach was required to address the dramatic biodiversity loss that is occurring in England, but that never happened. I thought that I was helping it to happen with “Biodiversity 2020”, which was published under my watch at the Department for Environment, Food and Rural Affairs in 2011, but it was not enough.

Over the past decade or more, politicians and large conservation organisations have become locked in a doomed pact. Both want to achieve change through legislation and increasing regulation. The logic is simple enough, and it suits both sides: they can both take the credit for acting without ever having to undertake a day’s conservation themselves. Should that approach fail, they can demand a further increase in regulation and take more credit. The problem, as the curlew illustrates, is that it does not work. The music has stopped, and as last year’s “State of Nature” report highlighted, 56% of UK species have declined. The curlew declines are a reminder of that failure.

As a DEFRA Minister, I experienced lobby groups proposing that regulation would reverse losses. They were naive. In every area of life, regulation is important—I am the first to agree with that—but we never expect it to deliver success on its own. Yet some conservation lobby groups suggest that it is possible; it is not. With the exception of some coastal areas, to which upland curlew migrate, curlew are vanishing from southern England because the young are being eaten by predators such as foxes and crows. Predators do not comply with regulations. Even putting electric fencing around nests does not yet work. In the Shropshire study, volunteers watched as foxes simply waited for the chicks to walk outside the protection of the electric fence—we can imagine the rest.

If we want to increase curlew numbers, we need to stop being squeamish and start killing some of the predators that eat the curlew young. A few will be uncomfortable with that, but it is time to focus on what works, not on what we like. I am not squeamish about killing animals such as foxes. I do not want to do it myself, but I would if I had to. I get no pleasure from it, save the satisfaction of protecting a rare and threatened species.

Some lobby groups have been incredibly successful in building their income through recruiting a large membership and then seeking to use it to influence policy. For the curlew, that has not worked. That is because, to maintain their popularity, big membership organisations avoid acknowledging that the approach they have been advocating for decades does not work, and they do not like the approaches that do work.

That lack of flexibility has resulted in farmers being paid to manage beautiful grass meadows for nesting curlew, but not to kill the animals that subsequently come along and eat the chicks. We would never allow that failure to continue for decades in other areas of Government spending—money being paid to people for no effect. Why should any conservation organisation want to use its significant lobbying power to block what works, just because it might lose a few members? One farmer in Kent said that

“predator control does seem to raise strong feelings as some policy-makers have, over the years, become separated from the realities of conservation management”.

In Ireland, which faces a similar crisis, this problem is being gripped. Plans have been announced to employ staff to cull foxes, mink, crows and magpies in the vicinity of curlew nests. How refreshing to hear that that will be happening alongside habitat management—the other key factor in species conservation.

Julian Sturdy Portrait Julian Sturdy (York Outer) (Con)
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My right hon. Friend is making a powerful argument. I want to bring his attention to my own experience on farmland. We allowed patches in fields where we know we get a lot of ground-nesting birds left among crops, but to our dismay we found, a few weeks later, that carrion crows came in, took the eggs and destroyed the nests. Those areas stood out like a sore thumb, so the crows prioritised and attacked them.

Lord Benyon Portrait Richard Benyon
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My hon. Friend makes a very good point. Sometimes the spatial measures that one tries actually draw the attention of the predator. As a Minister, I went up to Northumberland, where I saw layer upon layer of conservation designation, and lots of public money and public bodies protecting a very special site, but nothing had been done about the cloud of crows that were going to wipe out the lapwing they were seeking to protect. We need to reassess how we do this.

The contrast between Ireland and the UK is stark. The 50 organisations that published the comprehensive “State of Nature” report last year did not mention the curlew once in its 88 pages. I do not know whether that is because the plight of the curlew is too embarrassing; it is unlikely that they simply forgot. Only a year earlier, the Royal Society for the Protection of Birds and others published a paper suggesting that curlew are our

“most pressing bird conservation priority”.

They were right to flag that up. Our Eurasian curlew are classified globally as “near threatened”, and since we are home to 25% of the global population, we have to look after them. We should not forget that two of the other curlew species—Eskimo and slender-billed—are already assumed to be globally extinct.

Twenty years ago, English Nature, as it was then called, produced the first curlew nesting study, which reported that 64% of chick mortality was caused by predation. Study after study kept making similar observations. As the studies continued, the curlew population fell slowly and silently by 46% in just 15 years. Regulation and legal protection were not enough. The drop would have been even more dramatic if the curlew were not thriving in the north of England on driven grouse moors. On those moors, the population is maintained because fox numbers are controlled by gamekeepers. There are actually more curlew on one grouse moor in Yorkshire than there are in the whole of Wales. On farms in the south of England it is an equally bleak story.

One organisation, of which I am proud to be a trustee, has undertaken much of the available research on controlling predators and recently launched a website offering information and practical advice for those who have curlew on their land. The Game & Wildlife Conservation Trust is a charity bucking the trend. It is part of a groundswell of smaller organisations that believe the curlew will be saved only by putting farmers, not big organisations, back in control. If we do not, it fears the only place we may soon be able to see curlew in southern England will be on nature reserves where someone is paid to control predators. Those are some of the same organisations that object to the Government funding of fox control on farmland. I would go further and suggest that we should stop funding curlew conservation projects that do not include effective predator control options. We have to do what works, not what is popular, before those wonderful birds vanish completely.

Research carried out by the GWCT revealed that predicted populations of curlew will increase by 91% where predation control takes place, and populations will reduce over the same period by 64% where it does not. So please, no more research; we need action.

I am pleased to hear of the various workshops and meetings that have taken place in recent months that have brought together many of the different groups that share my anxiety about the potential extinction of the lowland curlew. I was pleased to hear from the RSPB:

“We are investing £1.8 million in an ambitious five-year Curlew recovery programme... One of our main objectives is to test the response of breeding Curlew to a combination of habitat and predator management work.”

It specifically links foxes and crows. It stated:

“Working with a range of partners, the trial management is happening across six key sites in upland”—

not lowland—

“areas of the UK: two in Scotland, two in Northern England, one in Wales and one in Northern Ireland. This will help us identify what we need to do (and how) to help Curlew breed more successfully in the wider countryside. This might include developing policy and practice to reduce the numbers of predators in the landscape and shaping new agri-environment options to support land managers who want to do positive things for birds like the Curlew.”

That is great, but it means more research and I do not think we need more research. I do not think we need to demand more money, as some are. It seems that some want more money from a post-Brexit agricultural support mechanism that is targeted towards species such as the curlew. That is fine, but I suspect some sort of agri-environmental plan that a curlew project could slot into is already on the cards and being worked on by my hon. Friend the Minister and her team. Anyway, if we wait until 2022 when the current arrangement for farm support ends, that might be too late for the curlew in lowland England.

Then there are some who want Government money to support the voluntary work currently happening in certain areas. I am happy to support that if it is focused in the right way, but what would it be for? I would not advocate money for project officers to go around telling farmers what they should or should not do. Farmers, landowners and land managers are key to the success of any recovery project. Most already buy into plans, even at their own expense.

After 20 years of studying curlew, we know enough to take action. We need to empower, not criticise, farmers. The recent highly successful conference last week on cluster farms showed how an enlightened non-governmental organisation and charity can get huge environmental results by getting farmers to work together to pool resources and deliver real conservation in a short space of time across large landscapes.