Japanese Knotweed
Lord Dubs Excerpts(10 years, 1 month ago)
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Lord De Mauley
My Lords, in returning regularly to this question, my noble friend is almost as persistent as the weed itself. I am not sure whether she is a hardy annual or a perennial. We need to spread public awareness of a number of non-native species including, of course, Japanese knotweed. The website nonnativespecies.org is our central point. Other awareness-raising measures include nearly 70 identification sheets, including one for Japanese knotweed, the Environment Agency’s PlantTracker mobile device app, which I recommend to your Lordships, non-native species local action groups, and the Be Plant Wise and Check, Clean Dry campaigns, which target aquatic security and non-native species more generally. Awareness-raising is a key focus of our current review of the GB strategy on invasive non-native species.
My noble friend mentioned mortgages. Two years ago, the Royal Institution of Chartered Surveyors and the Council of Mortgage Lenders agreed that a less draconian approach was needed.
Lord Dubs (Lab)
My Lords, while we are awaiting the result of those trials—four years is a long time—can we not have some action for those people who have knotweed on their neighbours’ land? I have not got any on mine, but my neighbours have. Can we at least persuade local authorities—without legislation—to be more co-operative with local people? My local authority will not co-operate at all: it will give me no information and is quite unhelpful. I know that some are better than that. How about leaning on local authorities?
Lord De Mauley
That is a subject which I have been thinking about very carefully. It is quite interesting that the community protection notices under the new Anti-social Behaviour, Crime and Policing Act are potentially useful in this regard and we have to look carefully at them, as is the community trigger, which we should also look into.
Bovine Tuberculosis
Lord Dubs Excerpts(10 years, 5 months ago)
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The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley) (Con)
My Lords, there is, indeed, a debate among veterinarians on this matter. While the evidence does not provide a definitive answer, it is important to note that TB has been eradicated from Scotland and many other countries despite the use of artificial insemination and, furthermore, that bovine TB was already endemic throughout Great Britain well before the widespread adoption of AI in the 1950s.
Lord Dubs (Lab)
My Lords, is the Minister aware that I got the idea for this Question through talking to a local farmer in my valley in Cumbria? He told me that, although there were many badgers in the valley, there was no bovine TB at all, and that local farmers did not use artificial insemination. Given that there is at least some scientific basis for this, would it be right to pursue this rather than going for a badger cull for which the scientific evidence is doubtful?
Lord De Mauley
The noble Lord will not be surprised to hear that I do not agree with the last thing he said, but he might be interested to know that bull pedigree and TB data analysis of Holstein Friesian bulls, carried out by the Roslin Institute for Defra, have shown clear evidence of genetic variation to bovine TB susceptibility with a moderate heritability of 18%. However, no link was found in those studies between selection of bulls for milk yield and greater susceptibility to bovine TB. The study authors went on to conclude that,
“selection for milk yield is unlikely to have contributed to the current”,
bovine TB epidemic in Great Britain.
Japanese Knotweed
Lord Dubs Excerpts(10 years, 10 months ago)
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Lord Dubs
My Lords, if the Government are not willing to legislate, can the Minister at least urge local authorities to co-operate locally? When a resident spots knotweed in an adjacent property, the local authority can be helpful in identifying the owner of that property so that something can be done about it. At the moment, some local authorities wash their hands of the problem.
Lord De Mauley
Yes, my Lords. I understand the point that the noble Lord makes. We have to balance, on the one hand, a determination to control this odious invasive species and, on the other, an imperative not to unnecessarily penalise people who are simply not in a position to do anything about it. However, I take the noble Lord’s point.
Flooding: Insurance
Lord Dubs Excerpts(10 years, 10 months ago)
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Lord Dubs
My Lords, given that previous deadlines have already been missed, as regards bringing the negotiations to a conclusion, what assurance can the Minister give that this will not be announced some time in the middle of August or September, when there is no chance for us to scrutinise the detail? Further, the Question uses the wording “affordable insurance”. Will he comment on the fact that after the Cockermouth floods, my insurance company for my house in Cumbria increased my premium more than sixfold?
Lord De Mauley
Yes, my Lords. In answer to the noble Lord’s first question, the ABI, in its letter to which we referred when we last debated this subject a month ago, has expressed confidence that we will be able to conclude this before the end of July, and I have every confidence in that. We need a solution that provides affordable insurance, as the noble Lord said, for those at risk, but that does not place unsustainable costs on wider policyholders or the taxpayer. Obtaining insurance might involve some householders shopping around or going through specialist brokers if flood risks are significant. In terms of help for householders, in July last year, we published a guide to obtaining flood insurance in high-risk areas in collaboration with the National Flood Forum and industry representatives.
Insurance: Flood Risk Areas
Lord Dubs Excerpts(10 years, 11 months ago)
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The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley)
My Lords, we are at an advanced stage in negotiations with insurers towards a successor to the statement of principles. Insurers have voluntarily agreed to abide by the current agreement until 31 July to allow time for the outstanding issues to be concluded.
Lord Dubs
My Lords, will the Minister confirm that there were 500,000 insurance claims for flooding last year and that 2.5 million properties are deemed by the Environment Agency to be at risk of flooding? He will know that the negotiations have gone on for a long time. Does he accept that it is vital that they are brought to a rapid conclusion to safeguard the position of many homes in the country and to ensure that people can sell their houses, which at the moment may prove impossible?
Lord De Mauley
My Lords, I broadly agree with the noble Lord that negotiations must be brought to a satisfactory conclusion as soon as possible. That is what we are working on, as I have said. It is worth saying that the Secretary of State has received a letter from the ABI—I have ensured that a copy is in the Library—in which it confirms that its members agree to continue to meet their commitments for a further month to enable the resolution of negotiations. To me this clearly demonstrates its good intentions and its determination to reach an agreement.
Air Quality
Lord Dubs Excerpts(11 years ago)
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Lord Dubs
My Lords, I thank the Minister for that Answer, but the Government are not being very effective. Will the Minister confirm that in the UK as a whole there are estimated to be 30,000 early deaths as a result of poor air quality, that in London the figure is over 4,000, that the number of people who have an early death through poor air quality is second only to the number who die of smoking, and that about 17% of the National Health Service budget is used to deal with the consequences of poor air quality? Are we not dealing with a major national emergency, rather than something that can be dealt with as the Minister suggested?
Lord De Mauley
My Lords, we take this subject extremely seriously. It is fair to say that air quality in the UK has improved significantly over recent decades, but we continue to face severe challenges, particularly from nitrogen dioxide in densely populated towns and cities. As a Government, we are committed to working towards a much better situation and, indeed, towards full compliance with EU air quality standards. There is close working between departments and local authorities to consider air quality in all policy areas. The noble Lord mentioned health, and he is quite right, but transport, energy and planning are also important.
Food: Banks
Lord Dubs Excerpts(11 years, 3 months ago)
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The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley)
My Lords, Ministers meet a wide range of organisations and individuals at locations all over the country. There is no central record of visits to food banks since May 2010 but I can inform noble Lords that, in their official capacities at Defra, my noble friend Lord Taylor of Holbeach and Caroline Spelman both made visits to FareShare in 2011, that my noble friend Lord Taylor and I have both visited FoodCycle, and that I will soon visit FoodCycle again.
Lord Dubs
I am sure that the Minister will agree that the volunteers working in food banks provide an essential support service for people in poverty. Will the Minister comment on the fact that from April there will be savage cuts in the welfare budget, estimated at some £3 billion, which will hit the incomes of the poorest in our society, while at the same time there will be £3 billion-worth of tax handouts for the better off? Do the Government have any contingency plans to provide extra support for the voluntary organisations running food banks so that they will be able to cope with the inevitable extra needs that will be created?
Lord De Mauley
First, I absolutely echo the noble Lord’s welcome for the work done by the volunteers who work in these wonderful charities. We know that families are seeing the price of their weekly shop increase. The impact of food price inflation is a real concern to us. Food prices are affected by global drivers such as world food prices, oil prices and exchange rates. In answer to the noble Lord’s supplementary question, there are several schemes that help people, especially children, get a nutritional diet, including Healthy Start and the school fruit and vegetable scheme.
Japanese Knotweed
Lord Dubs Excerpts(12 years, 1 month ago)
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Lord Taylor of Holbeach
I would like to thank my noble friend for her persistence, which I think rivals the Japanese knotweed in its vigour and eradicability. Research is going on into a leaf spot fungus, which also has the capacity specifically—this is the key to biological control—to attack Japanese knotweed. Defra and the devolved Administrations are also supporting catchment scale control work on Japanese knotweed in several areas across the country.
Lord Dubs
My Lords, while waiting for this new panacea to have effect, does the Minister agree that Japanese knotweed is pretty lethal stuff and that there are virtually no powers to deal with it if one sees it in adjoining gardens or houses? Short of having to take civil action, which is pretty cumbersome—especially given the legal aid Bill—should we not have better enforcement powers? People do not know about it, and not all police forces have wildlife officers, so why not give local authorities the power to deal with it?
Lord Taylor of Holbeach
The noble Lord makes a very important point. Japanese knotweed is a pest and it is extremely difficult to eliminate. However, I remind the noble Lord that this House guards jealously the right of entry. I remember many debates on that issue and I am not sure that this House would be particularly happy to have people’s gardens invaded by enforcement officers in the way that he suggests.
Public Bodies Bill [HL]
Lord Dubs Excerpts(13 years, 1 month ago)
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Lord Dubs
Amendment 96 is in my name and I feel that, if the mood of the House were different, I could have pushed it pretty hard. I shall briefly explain why I think that it is a matter of importance to the Bill and to our general approach to orders. At the moment, with almost no exceptions, orders are unamendable in this House. If we are unhappy about them, we can only vote them down, in which case we are breaching the convention that we should not undermine something that has come from the Commons where the Commons cannot have a second say. As your Lordships know, if we vote an order down, that is the end of it and the House of Commons has to start the process again. That is an unsatisfactory position on orders and something to which—unless the Minister accedes to the amendment today—I am sure the House will return when we consider Lords reform. The way that this is operating is not right.
When I was a Northern Ireland Minister, most legislation was done by order. Sometimes, the House would be faced with an order 40, 50 or 60 pages long—longer than many Bills—and yet it was totally unamendable. People in Northern Ireland were pretty fed up, saying, “There is a major change in our housing policy and it is going through without an opportunity for it to be debated properly here”. Now, of course, they can do it as they wish in Stormont.
We know that many orders are to give effect to EU legislation. If I understand the Government’s EU Bill correctly, there will be fewer of those in future, as they will be replaced by primary legislation. The EU Bill has not gone through and perhaps that part of it will not—I hope that it will not. If orders to give effect to EU legislation were amendable, we would save the Government a lot of effort with the need to have primary legislation and, at the same time, achieve the objective of giving this House a proper say.
I think that these arguments are pretty sound. I remember that, when I was in the Commons, we found a Bill under which there was an order-making power and, for reasons that totally escape me today, it was possible to amend that. We wondered at the time why Parliament could not amend orders. This seems a very reasonable proposition. I do not think that it would open the floodgates and it would make sense—nowhere more so than in this Bill. A lot of the argument about this Bill is due to the fact that, when the day comes and the Government table the order to give effect to changes to many quangos, we will have no chance to amend it. There may be consultation beforehand or other methods, to which my noble friend Lord Hunt referred, but, on the whole, we will not be able to make an amendment. This is such a simple proposition that I do not understand why it has not been adopted long ago and why it cannot be adopted in the Bill.
Lord Adonis
Can my noble friend clarify one important point? As I understand the amendment in the name of my noble friend Lord Hunt, proposed new subsection (10) in effect gives the House the power to amend an order by agreeing to a recommendation by a committee that an amendment should be made. Does that not meet the point that my noble friend is trying to make in his amendment?
Lord Dubs
It does partly, but Amendment 96 is a little stronger, as it would mean that, when faced with an order, we could simply amend it without any preconditions. If I understand it correctly, the other amendment has a precondition in it, whereas this one does not. My argument is that that would be right not just for this Bill but for the run of orders.
Lord Lester of Herne Hill
Amendment 69 seems unexceptionable. I do not understand why the word “may” is included in Clause 11(1) and the word “must” is in Clause 11(2). I do not understand why there is a need for any discretion in that area. The clause refers to a situation in which,
“after consultation under section 10 the Minister considers it appropriate to proceed with the making of an order under sections 1 to 6”.
If he is satisfied with all that, he or she should have the obligation to lay a draft order and explanatory document before Parliament. Unless the Minister has some special reason why he needs to retain a discretion, I agree with the noble Lord, Lord Hunt of Kings Heath, on that narrow amendment.
My noble friend Lord Phillips of Sudbury’s Amendment 69AA is on proportionality. This is a bit complicated, but I hope that I have got it right. I like to think that the noble and learned Lord, Lord Mackay of Clashfern, and I are godparents to Clause 16 and, especially, to including proportionality. The principle of proportionality simply teaches that you must use necessary and proportionate means to accomplish a legitimate aim. The Minister is proposing to leave out from Clause 11(2) the words,
“including reasons relating to the objectives in section 8(1)”,
so that it would just state,
“introduce and give reasons for the order”.
Another amendment changes Clause 11(2) to include a reference to purpose in what will be Section 8(1).
The Minister will explain all this, but the reason for leaving out the words,
“including reasons relating to the objectives”,
in Clause 11(2) is presumably that they are unnecessary, because the reasons will be the reasons and, once the reasons are given in the Explanatory Memorandum and otherwise, one has in the Bill the point that my noble friend is making—the Minister will have to state the reasons for the order and then under Clause 16 he or she will have to comply with the principle of proportionality. It therefore seems to me that, subject to drafting points, the substance of what my noble friend Lord Phillips is seeking is already catered for. The principle of proportionality is fully embodied in the Bill because it requires the Minister to state the reasons. When the Minister legislates by order, he or she must do so in a way that is proportionate to achieving the legitimate aims in the reasons. I hope that that is more or less intelligible. I think that I know what I am saying, but others may not. Anyhow, that is the best I can do.
Public Bodies Bill [HL]
Lord Dubs Excerpts(13 years, 2 months ago)
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Lord Dubs
My Lords, the amendments in this group are to do with the Competition Commission and the Office of Fair Trading. These are among the most significant bodies covered in this particular Bill. They are fundamental to both competition policy and to consumer protection.
In passing, perhaps I may say that I regret that the BSkyB matter was not referred to the Competition Commission, but I appreciate that the topic is not one covered directly by this Bill.
I understand the Government want to merge most of the functions of the Competition Commission and the OFT, leaving some to go elsewhere. Clearly, these are matters of enormous concern but I am quite sympathetic to the idea of merging the two bodies. I have always felt there was surplus capacity in the two bodies, and they were not as sharply focused as they might have been in that one referred issues to the other.
It would be interesting to know, however, which of the functions of the two bodies will not be part of the new body. In other words, some of them are going elsewhere. I understand Trading Standards will have to take on some of the responsibilities. It would be useful to know what is in the Government’s mind as regards what the new Competition Commission will consist of, and what functions will go elsewhere and why.
This not an occasion on which to go into the details of how the Competition Commission—or, indeed, the OFT—operates, but it is complicated, because the Competition Commission takes references from other bodies, such as the OFT and sectoral regulators. It takes appeals against decisions by sectoral regulators, and matters of public concern may be referred to it by the Minister. So it is a complicated issue and I would like to know what will be the basis for references to the new Competition Commission. Will they be similar to the old ones? They cannot all be the same because the OFT itself refers issues to the Competition Commission. Can the Minister throw more light on that?
Even if we are to go down the path of merging the two bodies, surely significant lessons must have been learnt from how they operate. We can do things better, a bit differently and more economically, and we should take experience to heart. I think that the Government are going to consult on this, and I would very much like to know the nature of the consultation, how full it will be, how long it will take and what opportunity there will be to make full representations to the Government on what they have in mind.
Having said that, the Competition Commission and the OFT were, I understand, both set up by primary legislation and subject to extensive debate in both Houses. They are significant bodies. I wonder what it is about them that makes them susceptible to the rather truncated procedure under the Bill. I know that that argument has been used about other bodies in the various schedules, but surely it applies with enormous force in the case of the Competition Commission and the OFT. Parliament—I am sure, most Members of this House—would like an opportunity to debate that in full and to be able to move amendments on the proposed new body: to consider the implications, for example, of transferring some functions to local authority trading standards authorities, when they are under severe financial pressure because of the cuts. What will be left of trading standards authorities after the cuts have taken place in local authorities? Will there be sufficient to take on the functions that have come from these two bodies into a local area?
This is an unhappy way to proceed. Even if everybody agrees that the two bodies should be merged—and I would guess that a lot of people would—there is still a need to consider how it will work out in detail. I am unhappy that we are doing something so significant on what is, more or less, the back of an envelope. I beg to move.
Baroness Hayter of Kentish Town
I will raise a couple of issues on the consumer aspects—although there may be no other issues, as that is the purpose of these two bodies. I have three questions on which I seek information from the Minister. First, in transferring enforcement of consumer law to local trading standards bodies, how can trading standards enforce significant breaches of consumer law at national level, such as bank charges or airline practices? My second question regards supercomplaints. Is the Minister satisfied that taking supercomplaints about competition direct to the new merged body—without, therefore, the two-stage process of checking on a case—has been carefully considered before the merger was proposed?
My third question is in respect of those supercomplaints which deal with consumer detriment which arises from particular features of a market. I have in mind for example, the current supercomplaint by Which? on payment method surcharging. It is not clear to me where those sorts of supercomplaints, which come under general consumer protection regulations rather than breaches of law on competition, would be taken under the new architecture.
Lord Dubs
My Lords, I am grateful to the Minister and I am delighted that he has accepted one of the amendments, although I am not sure that it is because he has accepted the full thrust of the argument. I think that he has done so for a slightly more technical reason, but nevertheless one should take one’s victories where one can get them. I am also grateful to my noble friends for the contributions they have made to this debate.
The Minister said that at a later stage the Government would be coming forward with further amendments. I hope that they will be tabled in this House. It would mean that I could say much less now than I would otherwise say if the amendments were not going to be introduced here. Does he know whether they will be brought forward in this House or in the other place?
Lord Taylor of Holbeach
There have been early discussions on this matter and I should like to be able to bring the amendments forward at the Report stage in this House.
Lord Dubs
I am most grateful for that helpful response. There is only one issue that I am not clear about. The present process for referrals to the Competition Commission is quite complicated, and as I indicated, referrals can come from a variety of sources. Will the new Competition and Markets Authority be able to investigate issues on its own initiative or will it depend upon referrals? Will those referrals come from the existing arrangements or will they come from elsewhere? I am not totally clear about this.
Lord Taylor of Holbeach
I think that I can reassure the noble Lord. The authority will not be entirely dependent on referrals. It will have the capacity, as does the current Competition Commission, to initiate investigations. This will be part and parcel of the consultation, which I hope will make the position clear for the noble Lord.
Lord Dubs
In which case, all I would say is that I still think it is too complicated an issue to be dealt with in this way. I understand that it is not of the Minister’s own choosing, but if we had been having a Second Reading debate today on a proposal to merge the two bodies and deal with other consumer protection and competition matters, it would have been much easier for us to handle it. It is not for us to change the Government’s approach, but I do regret it. However, I am grateful to the Minister for his response and I commend Amendment 89 to the Committee.