Animal Welfare (Sentencing) Bill
Debate between Thérèse Coffey and Kerry McCarthyWednesday 10th July 2019
(4 years, 10 months ago)
Commons ChamberRead Full debate Animal Welfare (Sentencing) Bill 2017-19 View all Animal Welfare (Sentencing) Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts
Dr Coffey
I entirely agree with the hon. Lady’s point, which is why I am sure the House welcomes what she has said and also the progress on the Bill.
The hon. Member for Redcar referred to filming and to making this an aggravating factor. I think this is a very useful point, and we will certainly raise it with the independent Sentencing Council. As I have said, it has already indicated that it will consider and revise the guidelines once this Bill has become legislation.
One of the things my hon. Friend the Member for Southend West mentioned was enforcement. Under the Animal Welfare Act 2006, it is for local authorities, the Animal and Plant Health Agency and indeed the police, which all have powers of entry, to inspect complaints of suspected animal cruelty and take out prosecutions, where necessary. It is for local authorities to make decisions about what they consider to be local priorities, rather than for the Government to decide. However, it is important that local authorities have the opportunity, as they do now, to continue to work in close partnership with others. We know that the RSPCA does investigate allegations of cruelty. It has successfully prosecuted between 800 and 1,000 people on average every year, and in doing that, it does a very valuable job.
My hon. Friend the Member for Clacton (Giles Watling) mentioned the impact of animals being held in kennels. I think it is fair to say that we do not necessarily expect a large number of cases to come before the Crown court, where the issue about the length of time may arise. At present, we estimate that about 25 cases that would previously have been held in the magistrates courts may well now be held in the Crown court. However, we consider that only a very small number of animals may need to be held in kennels for an extended period.
We cannot say from the Dispatch Box today precisely what decisions will be made about which animals would need to be taken away from the owner while somebody is awaiting sentencing, and such an action would not necessarily follow. However, it is also important to state that the Animal Welfare Act has provisions that allow a court to disqualify anyone from having animals, if necessary for life, if they have been convicted of an offence.
The court can also issue orders under section 3(6)(b) of the Bail Act 1976 to prevent the commission of further offences while on bail. The courts can make the sale of existing animals, and indeed a prohibition on owning animals, a condition of a defendant’s bail. It is important to stress that courts already have the power not only to prevent people on trial for animal welfare offences from acquiring new animals, but to remove the animals they already have. I do not believe we need further legislation to bring that about.
On what was said by the hon. Member for Bristol West, this legislation does apply to farmed animals. It is about animals that are under the care and protection of humans. I am pleased that she recognises the things we have done on animal welfare.
Dr Coffey
I am going to try to answer the points the hon. Lady made, and I have said that I would then give way.
We have made CCTV mandatory in slaughterhouses in England, as she has pointed out. As she is aware, we are considering carefully the export of live animals. The Farm Animal Welfare Committee has recently submitted its advice on the welfare of animals in transport, which includes advice on controlling live exports—not only to the Government, but to the devolved Administrations. We are considering that carefully, and we aim to publish it with a Government response in due course.
Kerry McCarthy
All I wanted to say was that the Minister has twice referred to me as the Member for Bristol West, and I am the Member for Bristol East. I would have thought she would know that by now, because we do tend to go head-to-head rather a lot.
Dr Coffey
I do apologise. The hon. Member for Bristol East (Kerry McCarthy) was not here at the start of the debate, and I thought my hon. Friend the Minister had referred to her as the Member for Bristol West, but I do apologise.
On the other issues that have been raised, I was pleased to hear from the Members who made contributions today. A number of interventions were made by my hon. Friends the Members for North Herefordshire (Bill Wiggin) and for Tiverton and Honiton (Neil Parish), and my right hon. Friends the Members for Wokingham (John Redwood) and for Rayleigh and Wickford (Mr Francois), as well as by the SNP spokesperson on these matters, the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron). It is important that we continue to make good progress in Committee, so that we can bring this Bill swiftly back to the House and it can make its way to the other place. With that, I commend this Bill. The Bill represents the fact that we are a nation of animal lovers, and it certainly reinforces that.
Question put and agreed to.
Bill accordingly read a Second time.
Animal Welfare (Sentencing) Bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Animal Welfare (Sentencing) Bill:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 25 July 2019.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Proceedings on Consideration and up to and including Third Reading
(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed.—(Mike Freer.)
Question agreed to.
Oral Answers to Questions
Debate between Thérèse Coffey and Kerry McCarthy(4 years, 11 months ago)
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Dr Coffey
We have updated the planning guidance for the planning policy. As we set out in the consultation, we intend to develop in the environment Bill an update of metrics for biodiversity and wider environmental net gains. We will provide practical tools to support developers and, critically, local planning authorities to achieve better environmental outcomes for every development.
Kerry McCarthy (Bristol East) (Lab)
A 38 Degrees petition started by Norman Pasley from Bristol is calling for legislation on the installation of swift boxes in all new housing developments, and it has more than 130,000 signatures. As parliamentary species champion for the swift, I urge Ministers to support the campaign. Perhaps the Secretary of State in particular would like to make it his legacy from his time at the Department.
Dr Coffey
Hopefully, the hon. Lady will be swift in her praise for the work we are doing with the forthcoming environment Bill. As the species champion for bitterns, which are literally booming as we speak, I know that this issue matters. We want to take more proactive approaches to how we protect species. I am not sure whether a swift box in every single house is the right thing, as opposed to all sorts of other things such as beetle hotels—there is a wide variety—but we need to make sure that we encourage a wide range of biodiversity for birds, for wildlife and for the protection of nature for future generations.
Draft Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019
Debate between Thérèse Coffey and Kerry McCarthy(5 years, 3 months ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)
I beg to move,
That the Committee has considered the draft Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019.
It is a pleasure to serve under your chairmanship, Mr Austin.
The draft regulations are an affirmative statutory instrument on the environment, for consideration in respect of the United Kingdom leaving the European Union in accordance with the result of the 2016 referendum and subsequent agreement by Parliament. Their purpose, under the European Union (Withdrawal) Act 2018, is to provide for public authorities in the United Kingdom to exercise a series of limited legislative functions that under EU legislation are currently conferred on the European Commission.
In each case, the legislative function was conferred on the Commission so that it could sort out the technical details of a specific EU regime and adapt to changes without the frequent need to refer back to the European Council and Parliament. The powers are vital to the functioning and development of the legislation, but they are strictly limited to specific technical and administrative matters. The functions are not the kind for which, in the domestic context, we would generally require primary legislation; rather, they are suitable to be dealt with by secondary legislation, or administratively.
Examples of the functions include specifying what forms are to be used; amending technical annexes to reflect advances in scientific and technical knowledge; and updating annexes to reflect changing requirements under international agreements. A good example would be a change under the multilateral convention on international trade in endangered species, known as CITES. In 2016, at the last conference of the parties, which I had the joy of attending, we adopted a decision to change the listing status of more than 500 species of wild animals and plants. The Commission subsequently amended the basic EU CITES regulation by a 2017 regulation. After we leave the EU, the UK authorities need to be able to continue updating such technical details for domestic purposes, to ensure that the legislation keeps pace with change, including technological developments and our international commitments, without the need for primary legislation every time that a change in such matters is required.
This coming May I hope to attend the CITES conference of the parties. It is highly likely to make further technical changes to the convention, and we will need to reflect those in our national legislation within the 90 days allowed under the convention. As I have suggested, it would be difficult, if not nigh impossible, to comply through primary legislation.
Until now, Parliaments and Assemblies in the United Kingdom have had little input into how such powers are exercised. With two minor exceptions, the draft regulations provide that the legislative functions coming to the UK will be exercised through secondary legislation, which is subject to scrutiny by our Parliaments. The exercise of the functions in specified cases also requires consultation with interested parties and expert bodies—for example, regulation 9 on industrial emissions or regulation 12 on CITES.
In other cases, the principles of good public administration and the Government’s own 2018 consultation principles will ensure that relevant expert advice is sought where appropriate, and that those affected by any policy developments are properly consulted. The regimes will otherwise continue to function similarly to how they do now.
Kerry McCarthy (Bristol East) (Lab)
I am glad that the Minister mentioned the need for expert advice. The Department for Environment, Food and Rural Affairs, however, is incredibly stretched at the moment, so what assurances will she give on sufficient expert scientific or technical input before statutory instruments are brought before the House? It is one thing to say that Parliament gets to scrutinise, but we are not experts, and experts need to be involved.
Dr Coffey
To use the example of CITES, such bodies will often input into consideration of changes to species to be protected in future. At the moment, Parliament gets no say on that whatever; it just gets done through international agreement, with the EU just changing it so it is there. There is an element of the different sorts of science experts that we have in the United Kingdom, but we will not necessarily need to limit ourselves to the United Kingdom alone in consideration of scientific expertise in the future. A key differential is that now Parliament will have a say on bringing such things into UK law. That is a step change from what we have today.
The draft statutory instrument makes a number of adjustments, but I assure the Committee that there is no change of policy, and there will be no impact on businesses or the public. Regulation 2 confers functions under the EU regulation on persistent organic pollutants, often known as POPs. That includes, for example, a power to amend POPs waste concentration limits, for the purpose of adapting to scientific and technical progress; and to ban, restrict or modify the use of POPs in accordance with international agreements.
Regulations 3 and 6 confer functions under the EU regulations on illegal timber and timber products. The functions include a power to recognise licensing schemes in partner countries to form the basis of licensing, and to amend the list of timber products to which the licensing scheme applies.
Regulation 4 confers functions under the EU regulation establishing a European pollutant release and transfer register. The functions include a power to take measures to initiate reporting on releases of relevant pollutants from diffuse sources where no data exist, and to adopt guidelines for the monitoring and reporting of emissions.
Regulation 5 confers functions under the EU regulation on trans-frontier shipments of waste. The functions include a power to establish and amend technical and organisational requirements for the practical implementation of electronic data interchange for the submission of documents and information.
Regulation 7 confers functions under the EU regulation on the Nagoya protocol on access to genetic resources, and the fair and equitable sharing of benefits. The functions include a power to establish and amend procedures for monitoring user compliance and for recognising best practice.
Regulation 8 confers functions under the EU regulation on mercury. The functions include a power to specify the forms to be used for export and import restrictions, and to set out technical requirements for the environmentally sound interim storage of mercury, mercury compounds and mixtures of mercury.
Regulation 9 confers one legislative function contained in an EU directive. That directive relates to industrial emissions, and the power relates to determining best available techniques for preventing or minimising emissions from activities covered by the directive.
Regulations 10 and 11 confer functions under the EU regulations governing the use of leghold traps and the import of pelts and goods. The functions include a power to grant derogations from the ban on the import of pelts and other products, and to determine the appropriate forms for certification of imported goods incorporating pelts of listed species.
Regulation 12 confers functions under the EU regulation implementing CITES. The functions include a power to establish restrictions on the introduction into the UK of listed species, and to provide for derogations from certain provisions.
Dr Coffey
Might I suggest that the hon. Lady makes a contribution to the debate so that I will be able to answer her questions fully?
I have explained that we will exercise those powers by laying statutory instruments before Parliament, which is not what happens today, as I have pointed out. For the sake of completeness, I draw the Committee’s attention to the two minor cases in which administrative procedures will be used, rather than secondary legislation. They relate to aspects of the POPs and leghold traps regimes. In the first case, the administrative function being conferred concerns the determination of the format for the provision of information by the competent authority; in the second case, it concerns the publication of model forms for use by importers. To be clear, the draft regulations concern administrative elements, rather than a change in policy.
In addition to the above measures, the draft regulations amend the retained direct EU legislation where that is necessary to make it function properly after exit. An example of such an amendment is changing references from “Community legislation” to “retained EU law”.
All the legislative functions covered by the draft regulations fall within the environment and wildlife policy areas of DEFRA. We have decided to deal with them in a single instrument that is subject to the affirmative procedure. The draft regulations allow the nine so-called “home” instruments, which would otherwise separately confer each legislative function, to be subject to the negative procedure. In each case, the conferral of legislative functions was the only element in the “home” SI that required the affirmative procedure. The structure of the regulations will allow the exercise of legislative functions by UK bodies in those areas of the environment to be considered together.
The draft regulations extend and apply to the whole of the United Kingdom. They deal with both reserved and devolved matters. In the case of reserved matters, the legislative function will be conferred on the Secretary of State to exercise on behalf of the whole UK. We have consulted extensively with the devolved Administrations about legislative functions that relate to devolved matters and, where appropriate, they have consented to our proceeding by means of the regulations. Where matters are devolved, functions are conferred on the Secretary of State and Ministers for the devolved Administrations. The default position is that each Administration will exercise a function separately. Where devolved Administrations consent on a case-by-case basis, however, the Secretary of State will be able to exercise functions on their behalf.
I point out that we are making technical amendments, in effect to allow us to continue to undertake our international obligations on such matters in a way that would not be possible if we did not have the powers. I hope that I have explained to the Committee how the European Commission does that now.
Oral Answers to Questions
Debate between Thérèse Coffey and Kerry McCarthy(5 years, 4 months ago)
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Dr Coffey
I also saw that interesting announcement by the University of Manchester, which just shows the benefits of this Government having invested in the university to develop graphene. There are a number of ways in which we can try to reduce the impact of plastics, and we will continue to support water companies in their long-term plans, including on desalination.
Kerry McCarthy (Bristol East) (Lab)
Yet another report has been published this morning—this time in The Lancet—highlighting the damage that our food systems are doing to not only public health, with 11 million avoidable deaths, but the climate. I have been banging on about this for more than 10 years in this place. Is there any chance that the Government will ever listen to these reports?
Oral Answers to Questions
Debate between Thérèse Coffey and Kerry McCarthy(6 years, 2 months ago)
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Kerry McCarthy (Bristol East) (Lab)
Draft Environmental Protection (Microbeads) (England) Regulations 2017
Debate between Thérèse Coffey and Kerry McCarthy(6 years, 5 months ago)
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Dr Coffey
I will try to restrict my reply to the regulations. I could wax lyrical about marine litter and microplastics for a long time, but I assure the hon. Member for Halifax that if the particles in wax are less than 5 mm, they are included in the scope of the ban.
With regard to the definition of plastic, REACH does not define what plastics are but defines individual products. We felt that was not an effective way to achieve our aim, so the broader, well-known definition of plastic is used to ensure that we cover every single product. With regard to what products microbeads are used in and looking at other countries, as I articulated earlier, the very fact that we are banning any plastic particle less than or equal to 5 mm—we are not saying that it is only those microbeads that have a particular effect that are banned—is going further than the other countries mentioned. For the sake of doubt, nor have we limited the scope of what a rinse-off product is; it includes, but is not limited to, shower gels, body washes, intimate washes, liquid soaps, solid soaps and beaded hand cleaners. That will include things such as the Neutrogena product but also industrial products. Our farmers use Swarfega and similar, and the same will happen there. I could go on with a variety of things, including toothpaste, mouthwash, depilatory creams and gels, and similar elements.
We have asked the Hazardous Substances Advisory Committee to review the issue—the hon. Lady referred to this—of leave-on toiletries that can be absorbed or shed and are not designed to be washed off. I do not have a specific timeline for that at the moment, because the other thing we asked for in the consultation was a wider view on other products. The challenge with microplastics is that they extend to many sources. For example, the recycling of a lot of our plastic bottles goes to create things such as synthetic fleeces, which are popular with vegans because they are a way of keeping warm without using wool. Of course, they are also used extensively by people who are not vegans.
Dr Coffey
No. That is another example of products that have become part of everyday life. However, when they go through a washing machine, microfibres and microplastics are released. The regulations also extend to things such as tyres, because in tyre wear we see microplastics generated, washed on to the road, then into our water courses and so on. It is a challenge across a wide range of products. In particular, we focused on this because we know the evidence is already there. We know that our existing sewage treatments cover particles from about 6 mm upwards, so this is a specific way to try to address the problem by stopping at source the very generation of microbeads in products that are widely used. We wanted to tackle that.
If the hon. Member for Halifax has evidence that cleaning products with microbeads are available, she should please let me know and we can look at that. So far, the evidence we have seen is that no such cleaning products are available for sale. We need to ensure that, dare I say it, we regulate to address the problem in hand and not just create regulations for their own sake.
With regard to the devolved nations, yes, the consultation was UK-wide between the four Governments. We cannot dictate the processes by which they bring the ban into effect, but we are working with them to try to ensure that we coincide the ban that will come in due course.
As the hon. Member for Gedling knows, the 21 days will kick in from when the regulations are voted through the House—I think they have gone through the House of Lords today. Then, in essence, manufacture will become an offence, and then sale will become an offence. I suggest to the Committee that it will become more difficult for people to buy such products for resale in their shops. Of course, today the products are legal, so people can choose to sell them but, as we have seen, many companies have already taken action.
I point out that the regulations also cover the import of products, so if they are imported they still cannot be sold—that deals with that challenge. In terms of international actions, it might surprise the Committee to know that we had to get permission from the European Union and the World Trade Organisation. We initiated that on 28 July. We had to have a three-month process for objections, and there were none. We also have to go through other regulatory processes where we make the case, which is one of the reasons it takes so long. I think it was my hon. Friend the Member for Camborne and Redruth (George Eustice) who brought the issue to the attention of the Environmental Audit Committee when giving evidence some time ago. Members are right to pay tribute to that Committee, but that is an explanation of why it takes quite so long to reach the point we have got to today.
I do not think the regulations are necessarily the end of the process. I am sure that the Committee will want to be assured that we are taking appropriate action. We are addressing wider issues of microplastics getting into the environment. We need to continue to work with industry to ensure that it has time to develop alternatives.
The 680 tonnes is the amount used in cosmetics, and we recognise that not all of it ends up in the marine environment. I would not want to throw out a figure just to satisfy the hon. Member for Gedling. The point is that we are removing these microbeads at source so that there is at least a reduction from what we have today.