Clause 49 - Sale etc. of invasive non-native species
Natural Environment and Rural Communities Bill
5:45 pm
Colin Breed (Shadow Minister, Environment, Food & Rural Affairs; South East Cornwall, Liberal Democrat)
The clause relates to invasive non-native species. One of the joys of considering the Bill is that it has been quite an educational exercise. I for one have learned an awful lot about all sorts of things. We move on now to plants and birds, but mainly plants. I have to say that I am to gardening what Frank Spencer is to DIY. I tend to kill off most things in my garden—perhaps I ought to be set on non-native invasive species.
We must recognise that there are real concerns in this regard. This is an important clause, and one that could usefully be expanded, in the light of many of the concerns that have been expressed. I hesitate to make a pun and say that there is a growing problem, but there is. There is now greater access to remote areas of the planet. People can travel to all sorts of exotic places and bring back all sorts of things that they see and think would look nice next to the water feature in their garden. Indeed, there is now greater importation of foods and plant material generally. Of course, sometimes what is imported, or at least what is intended to be imported, is perfectly satisfactory, but other things can piggyback on it—plants, animals, spiders and the like. We therefore have to be careful.
I previously had responsibilities in respect of the Department for Environment, Food and Rural Affairs, and I say to the Minister that we still do not have the controls on our borders that we should have. The potential for non-native invasive species and other problems that can be imported needs to be more thoroughly considered. Anyone who has been to Australia, New Zealand or California will know how seriously those places take such things, and the penalties that can be exacted from someone if they accidentally take in something that the authorities in those places do not want to destroy their orange groves or their agricultural production. We need to take non-native invasive species seriously, and amendment No. 104 and new clauses 1 and 2 expand on that idea. They may look a little wordy—we worked quite hard with other people on them—but they are relatively simple.
New clause 1 contains another list of non-native species, some of which will be familiar, especially to those of us who live in the south-west. I do not know whether it grows throughout the country, but Japanese knotweed is a major problem in our part of the world. Some other species are not so well known, but I am assured that they could cause real problems for us in the country.
New clause 2 would add new provisions for use when an offence has been committed, and provide for a restoration order. Proposed new section 21A(1) says that
“where the operation in respect of which a person is convicted of an offence under section 14 has destroyed or damaged any flora, fauna or physiographical feature, the court by which he is convicted, in addition to dealing with him in any way, may make an order requiring him to carry out, within such period as may be specified in the order, such operations for the purpose of restoring the habitat to its former condition”.
If people have been convicted, they should be responsible for restoration. Much of that work has fallen on local authorities, or sometimes even on other landowners, and those who caused the problems have had no responsibility whatever. People who have been convicted of causing an offence should be made to restore the habitat to its former condition. The new clause sets out other provisions that would ensure that some restoration was undertaken.
Subsection (4) of the proposed new section states:
“At any time before an order under this section has been complied with or fully complied with, the court by which it was made may, on the application of whom it was made, discharge or vary the order if it appears to the court that a change in circumstances has made compliance or full compliance with the order impracticable or unnecessary.”
When damage has been extended over significantly large areas, it sometimes becomes unnecessary to discharge an order, and we must recognise the practicality of such action. None the less, there should be real penalties with which people may be expected to be charged if they are convicted of such offences.
New clause 3 covers the control of invasive non-native species. It sets out a framework whereby problems can be examined when they are discovered, to ensure that prompt and appropriate action is taken. Part of the problem is that we do not do anything until the situation has become so bad that it is almost impossible to act appropriately. We have tried to put down a framework under the new clauses so that the Secretary of State can identity an appropriate body to deal with a certain problem, produce action plans and specify time scales so that the species can be eradicated or controlled in some way, to provide protection to threatened flora or fauna—or, indeed, to social and economic well-being. People know that some non-native invasive species have had a massive economic effect on landowners or farmers.
The new clause would provide a power to enter land with a constable. Notwithstanding the powers granted to inspectors, to which we have referred earlier, we tried to draft proportionate and reasonable definitions of the circumstances in which someone could enter areas of land. Under proposed new subsection (8),
“A person acting in the exercise of a power conferred by subsection (4) may ... use a vehicle or a boat to enter the land ... take a constable with him if he reasonable believes he is likely to be obstructed”,
although that may not always be necessary.
Under proposed new subsection (9), if someone enters
“land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry”,
and not just wander off again. He must make proper attempts to ensure that the land is secure. If there are any problems while he is there and any damage is done, proper compensation should be secured.
These are reasonable powers; if we are giving people powers to enter land, perhaps accompanied by a constable, they should be proportionate and reasonable. That is why new clauses 1, 2 and 3 and amendment No. 104 enhance the proposal. If it is not exactly what the Minister and his Department would propose, perhaps they can take those as a template, look at clause 49 on invasive non-native species and the Bill as a whole, take a wider purview and perhaps table additional clauses that reflect the amendments. I shall be interested to hear what the Minister has to say.