Asked by: Lord Patten (Conservative - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government when they last reviewed the penalties for (1) owning, or (2) being in charge of, a dog that is dangerously out of control; and what assessment they have made of the adequacy of the penalties for such crimes that are currently available to courts.
Answered by Lord Goldsmith of Richmond Park
It is an offence to allow any dog to be dangerously out of control under section 3 of the Dangerous Dogs Act 1991. The penalties for allowing a dog to be dangerously out of control were increased in 2014.
In 2017, Defra reviewed the way the police and local authorities have used the powers available to them to tackle dog control and welfare issues. This resulted in further Defra guidance for these enforcement authorities emphasising their respective responsibilities and encouraging the use of good practice such as application of the LEAD initiative (Local Environmental Awareness on Dogs).
Defra commissioned Middlesex University to examine measures to reduce dog attacks and promote responsible ownership. The report was submitted to Defra in March this year. The report is currently being peer reviewed and will be finalised in light of peer review comments. Our intention is to publish the final report later this year.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government what assessment they have made of the (1) number, (2) welfare, and (3) distribution, of barn owls in England.
Answered by Lord Goldsmith of Richmond Park
The State of UK Birds report provides the latest population trends for all the UK’s bird species.
The population estimate for barn owl in the most recent report was 4,000 – 14,000 breeding pairs in 2016. The BTO’s Nest Record Scheme shows the species is widely distributed across Great Britain. There has been no specific assessment about the welfare of England’s wild barn owl population.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government what plans they have to introduce further protections for the remaining areas of ancient woodland in England.
Answered by Lord Goldsmith of Richmond Park
The irreplaceable nature of ancient woodlands as a habitat is recognised in our 25 Year Environment Plan.
We therefore strengthened the protection of ancient woodlands through the National Planning Policy Framework and guidance to planners. These outline that developments should be refused if they would lead to the loss and deterioration of ancient woodland and veteran trees, unless there are wholly exceptional reasons and suitable compensation measures.
In 2019, we announced that the Government would give the Woodland Trust £210,000 to work with Natural England to update the Ancient Woodland Inventory (which identifies over 53,000 ancient woodland sites in England). Having an up-to-date inventory will make it easier for us all to protect this important habitat.
We will soon be publishing an England Trees Action Plan which will set out our long-term vision for trees, including ancient woodlands.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government what assessment they have made of the acreage of ancient woodlands lost in England in each of the last ten years.
Answered by Lord Goldsmith of Richmond Park
The irreplaceable nature of ancient woodlands as a habitat is recognised in our 25 Year Environment Plan. We will also be publishing this spring our England Trees Action Plan, which will set out our long-term vision for trees, including ancient woodlands.
The Government is committed to protecting ancient woodlands. In 2016, the National Forest Inventory report " Preliminary estimates of the changes in canopy cover between 2006 and 2015" found that overall, in England the level of permanent ancient woodland loss to other land uses was 57 hectares or 0.02% between 2006-2015. A copy of the report is attached to this answer.
Natural England and the Woodland Trust have an active project to revise Natural England's Ancient Woodland Inventory to cover the whole of England. This will include mapping smaller ancient woodland between 0.25 and 2ha, as the original inventory only included woodlands above 2ha, to provide a better assessment of these irreplaceable habitats.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government what assessment they have made of the availability of English-speaking Official Veterinarians to monitor abattoirs.
Answered by Lord Gardiner of Kimble
The Department can confirm that all vets working in abattoirs, on behalf of the Food Standards Agency or for Food Standards Scotland, providing statutory controls and certification duties, are registered with the Royal College of Veterinary Surgeons and speak English.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government what assessment they have made of the case for requiring dogs to be on leads when near livestock on working farms.
Answered by Lord Goldsmith of Richmond Park
My department takes the issue of livestock worrying very seriously, recognising the distress this can cause farmers and animals, as well as the financial implications.
All reported crimes should be taken seriously, investigated and, where appropriate, taken through the courts and met with tough sentences. The Dogs (Protection of Livestock) Act 1953 (the 1953 Act) provides a specific offence of allowing a dog to worry livestock on any agricultural land with a maximum fine of £1,000.
For the purposes of the 1953 Act, a dog can be said to be worrying livestock if it attacks or chases livestock, or if it is at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep. In this Act, the definition of “livestock” covers sheep, goats, swine, horses, asses, mules, poultry (including domestic fowls, turkeys, geese or ducks), and cattle (including bulls, cows, oxen, heifers or calves).
In addition to the 1953 Act, the police can and do take action under the Dogs Act 1871 where there are dogs that are out of control and dangerous to other animals. Section 2 of the 1871 Act allows a complaint to be made to a Magistrate’s court by any individual, the police or local authorities, where a dog is “dangerous and not kept under proper control”. The court may make any Order it considers appropriate to require the owner to keep the dog under proper control, or if necessary, that it be destroyed. The court may specify measures to be taken for keeping the dog under proper control, such as muzzling and remaining on a lead when in public.
Guidance is available to educate owners about handling their dogs responsibly in the vicinity of livestock, in order to prevent the occurrence of attacks or chasing.
The statutory Code of Practice for the Welfare of Dogs clearly sets out that all dogs need to be trained to behave well, ideally from a very young age and should be introduced gradually and positively to different environments, people and animals. The Code asks owners to ensure that they prevent their dogs from chasing or attacking any other animals, including livestock and horses; for example, through use of a lead or avoidance of such situations.
Natural England has recently published a refreshed version of the Countryside Code: advice for countryside visitors, which is available online at: www.gov.uk/government/publications/the-countryside-code/the-countryside-code-advice-for-countryside-visitors. A copy is also attached to this answer. Both the short and long versions of the Countryside Code make specific reference to keeping dogs under control and in sight to make sure they stay away from wildlife, livestock, horses and other people unless invited. The Code helpfully sets out certain legal requirements, encouraging visitors to always check local signs as there are situations when you must keep your dog on a lead for all or part of the year. An associated campaign will run throughout 2021, which will include a broader conversation with stakeholders about what a ‘post Covid’ Code for the 21st century would look like and how to promote more awareness and positive behaviour.
In light of the relevant legislation and statutory guidance available, the Government does not consider it necessary to introduce any additional requirement for dogs to be on a lead when near livestock.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government what assessment they have made of the performance of flood prevention and mitigation measures in Somerset in 2020.
Answered by Lord Goldsmith of Richmond Park
The Environment Agency's (EA) top priority has been to maintain flood defence assets to ensure communities in Somerset and across England are incident ready and resilient for potential flooding this winter. The EA has strengthened working arrangements with the support of delivery partners in response to the Coronavirus pandemic.
The EA's flood risk assets have performed satisfactorily across Somerset. During 2020 the EA operated coastal flood defences to protect people, properties and low lying land in Somerset. The risk from seasonal wet weather in October and most of December for the most part was managed without issue although it meant catchments were very wet. However, both Storm Alex and Storm Bella, sadly resulted in flooding.
During Storm Alex, over 100mm of rain (more than the monthly average of rain) fell in two days on the steep sided upper reaches of the River Sheppey and this resulted in flooding at Croscombe and Shepton Mallett (initial estimates are that 20 properties flooded in total). Roads were also flooded from surface water. This is a complex flooding issue and the EA is assisting Somerset County Council with its Section 19 investigation (Flood and Water Management Act) into the cause, likelihood of recurrence and need for measures to reduce the risk.
Over Christmas, Storm Bella on wet, saturated catchments generated rivers flows in excess of the River Parrett and Tone's capacity. This passed into the adjacent flood plains and moors, Currymoor, Haymoor, Wetmoor, Westmoor Allermoor and the King's Sedgemoor Drain. Using these areas as water storage is an established approach and has been a frequent and normal winter occurrence over many decades.
The EA has been using its pumps and other assets to reduce river levels, and clear water from the moors, making use of the enhanced pumping capacity at Currymoor pumping station.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government, further to the dataset produced by the Environment Agency Water Framework Directive 2000/60/EC (WFD) Classification Status Cycle 2, published on 29 September, why no rivers in Somerset meet the current criteria for good ecological status or ecological potential.
Answered by Lord Goldsmith of Richmond Park
While water quality in rivers has generally improved since the 1990s, recent progress has slowed. The 2019 Water Framework Directive classification revealed that no waterbodies in England meet the criteria for good chemical status and therefore do not meet the criteria for overall good ecological status or ecological potential. This compares with about 97% of waterbodies achieving good chemical status in the 2016 classification.
This apparent decline in results is largely due to the use of new monitoring methods rather than a sudden deterioration in water quality, and this means that the 2016 and 2019 classifications are not directly comparable. The use of new monitoring methods by the Environment Agency (EA) to assess the presence of a number of now banned or closely regulated chemicals has meant that in many rivers in Somerset the chemical classification has reduced, although all the other chemical and biological elements which the EA monitors remain largely unchanged. This new method has resulted in a more comprehensive assessment of certain substances in the environment and will allow the EA to begin to understand and address the legacy of these chemicals.
The EA continues to monitor rivers in Somerset and seek improvements in light of this latest classification. It does this by working in partnership with a wide range of local and national organisations to reduce pollution and tackle the areas of biggest concern like storm overflows, working with farmers to support environmentally friendly farming that doesn’t damage water quality, and responding to water quality incidents and prosecuting polluters where applicable.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government what assessment they have made of the effectiveness of flood mitigation measures installed on the course of the river Aller and its headwaters in Somerset.
Answered by Lord Goldsmith of Richmond Park
The River Aller is a rapid response, rural catchment that has required a number of innovative flood mitigation measures to protect properties from rainfall running off the steep sided slopes of Exmoor.
Approximately 70 properties are at risk of flooding in or near the villages of Allerford and Bossington. The most recent flooding in 2000 impacted properties and the A39 road. The measures set out below have been effective in reducing the impact of flooding in a number of ways and no significant flood events or property flooding has occurred since they have been in place.
Natural flood management (NFM) storage bunds, woody debris dams and woodland planting has reduced the risk of high flows since it was completed in 2015.
Property Flood Resilience (PFR) measures such as removable boards in doorways and air brick covers have been installed in 38 properties at risk of flooding in Allerford and Bossington that provide an effective defence to flooding up to 600mm.
The Environment Agency’s Flood Warning Service provides targeted and timely alerts and warnings to people about the likelihood and severity of any potential flooding. This then allows people to activate flood plans and install their PFR measures. A siren is also sounded to provide immediate warning that life threatening flooding is imminent.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government whether they plan to introduce legislation banning all harvesting of peat; and if not, why not.
Answered by Lord Goldsmith of Richmond Park
We have taken action to tackle domestic extraction of peat; the National Planning Policy Framework, first published in 2012, ends the granting of new licences for peat extraction. Peat extraction in England will therefore end when the remaining licenses expire.
The Government continues to be committed to phasing out the use of peat in horticulture in England. The biggest user of peat is the amateur sector and this is an important part of our policy focus. We signalled to the industry that if we have not seen sufficient movement to peat alternatives by 2020, then we would look at further measures that could be taken, and we are currently considering what these potential further measures could look like.