Clause 43 - Possession of pesticides harmful to wildlife
Natural Environment and Rural Communities Bill
12:30 pm
Jim Knight (Parliamentary Under-Secretary (Rural Affairs, Landscape and Biodiversity), Department for Environment, Food and Rural Affairs; South Dorset, Labour)
I accept that to some extent we will be playing catch-up and the situation that the hon. Gentleman describes may occur. However it is incumbent on us to do what we can to frustrate this activity, which we all agree is reprehensible. An alternative would be to ban all pesticides unless the person has a legitimate use for them, but although clear, that would be disproportionate. We have to target things a little more carefully and ensure that everything we do is backed by proper evidence.
Amendment No. 144 introduces an additional element to the offence of possessing a pesticide containing a prescribed ingredient and requires that the person concerned must have intended to commit an offence under one of the listed wildlife protection Acts. It is important that there should be no doubt that possession of listed pesticides without legitimate use is an absolute offence. The offence must therefore remain one of strict liability, regardless of intent, if it is to work. This will make it easier for the general public, farmers, gamekeepers and others who are likely to be in possession of such substances to understand the law, and for the law to be enforced. It is also important that all species of wild animals and wild birds are protected from pesticide abuse. It is therefore inappropriate to limit the application of this offence to particular species.
Amendment No. 63 introduces a retrospective defence to the offence of being in possession of a prescribed pesticide without having a legitimate use for it. Clause 43 is aimed at protecting vulnerable wild animals and birds from pesticide abuse. It is not the Government’s intention to lay innocent members of the public open to prosecution. It is for this reason that the defence recognises the circumstances in which the pesticide ingredients listed on an order will be legitimately held in a person’s possession. However, once a person has no legitimate use for a prescribed pesticide, its retention cannot be justified and it should be safely disposed of.
Garden sheds have been mentioned. We should understand that only those pesticides containing active ingredients listed under the order will be covered by the clause. There will not be a witch hunt of amateur gardeners for what they might inadvertently have in their garden shed. If they have a legitimate use for the ingredient that becomes prescribed, even if the product has been withdrawn, it will still be legitimate for them to have it in their possession.
My hon. Friend the Member for Bridgend asked about publicity. The Secretary of State will have an obligation to publicise when making an order prescribing the pesticides to which the offence will apply. Clause 43(8) states:
“The Secretary of State must take such steps as are reasonably practicable to bring information about the effect of an order under subsection (1) to the attention of persons likely to be affected by the order.”
Those people who might have a pesticide for which there is no legitimate purpose will be given notice by the Secretary of State that they should dispose of it or they will be committing an offence. If amendment No. 63 were accepted, as long as someone claimed that they had a legitimate use for the substance once upon a time, they could claim the defence in perpetuity. The previous legitimate use would in practice be impossible to prove, and I argue that the amendment would render the offence unenforceable. Sufficient safeguards have been introduced to ensure that the innocent will not be open to vexatious prosecutions. The list of prescribed pesticides will be subject to the prior consultation that I set out, and the Secretary of State is required to draw the list of pesticides prescribed by order to the attention of those members of the public who are likely to be affected.