Japanese Knotweed

Private Members' Business – in the Northern Ireland Assembly at 11:15 am on 20 September 2016.

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Photo of Robin Newton Robin Newton Speaker 11:15, 20 September 2016

The Business Committee has agreed to allow up to one hour and 30 minutes for the debate. The proposer of the motion will have 10 minutes in which to propose and 10 minutes in which to make a winding-up speech. All other Members who are called to speak will have five minutes.

Photo of Pam Cameron Pam Cameron DUP

I beg to move

That this Assembly calls on the Minister of Agriculture, Environment and Rural Affairs to bring forward proposals for a regional programme to eradicate Japanese knotweed.

I welcome the opportunity to propose the motion, and I hope that, in highlighting the issue, we can bring forward a strategy to deal with the problem of Japanese knotweed.

By way of background, Japanese knotweed is an invasive alien plant species introduced to the United Kingdom in the 19th century as an ornamental shrub. Since its introduction, it has spread ferociously and without obstruction, particularly on waste ground and along watercourses. The plant is so well established that it is not included on the EU list of invasive species, and it is unlikely ever to be wiped out. It becomes rapidly established in tall thickets, preventing the growth of native species. In doing so, it chokes waterways and hedgerows and greatly reduces local biodiversity. The blight of invasive species is among the greatest threat to biodiversity and ecosystems globally and is viewed as a major hazard to the character of our heritage, the environment and, of course, the benefits that a diverse ecosystem provides.

The impact that it can have on the built environment is also of great concern. Japanese knotweed can penetrate concrete and tarmac and cause structural damage to buildings. That is particularly distressing for householders who have found themselves in a position in which their property becomes virtually worthless owing to the mortgage company's reluctance to lend on homes that have been affected by or are even in proximity to an infestation of Japanese knotweed.

The ability of the plant to spread is unparalleled. It can be spread from the very smallest amount of a cut stem, crown or rhizome, thus making removal and disposal incredibly difficult. Often, it can be dealt with only by specialists. The invasive species strategy for Northern Ireland estimates that Japanese knotweed costs the British economy £179 million a year, and I am sure that everyone here will agree that that is a phenomenal amount of money being spent to deal with what is essentially a biological pest and a nuisance.

Japanese knotweed is classed as an invasive species under schedule 9 to the Wildlife (Northern Ireland) Order 1985, which makes it an offence to plant or grow it. However, there is currently no legal requirement for landowners to control or remove Japanese knotweed growing on their property. With the issue being classed as a civil matter, there is little protection to stop it spreading from one area to another. Although it is an offence to allow the spread of Japanese knotweed, it can become a costly and lengthy exercise for an individual to take a landowner to court to recover the costs of removal and disposal. The area is fraught with ambiguity, and identifying the responsibilities for containment, treatment and disposal is a massive grey area. Legislation brought forward in England in 2014 and 2015 and the Anti-social Behaviour, Crime and Policing Act 2014 have gone some way to addressing the spread of Japanese knotweed and have introduced the use of antisocial behaviour orders (ASBO) as a deterrent and an encouragement to deal with the problem. I believe that that approach could be looked at for Northern Ireland and that the threat of the antisocial behaviour order on a landowner may, in cases, be sufficient to ensure that action is taken to treat the problem and prevent the spread. Further powers in England have been introduced under the Infrastructure Act 2015, which allows environmental authorities to enter into species control agreements with landowners and impose species control orders as required.

Legislation in Northern Ireland provides for local councils to enforce antisocial behaviour orders and address statutory nuisances. To date, the powers have not been used to deal with Japanese knotweed, which I feel is an area that could be further explored. There is also scope for councils to intervene under the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 by classifying Japanese knotweed as nuisance. Nuisance is classified as something that causes damage or unreasonable and substantial interference to a person's use or enjoyment of property. The potential for damage caused by Japanese knotweed must surely be recognised under that classification, and I urge that the Act be extended to include it and give councils greater powers of enforcement.

The need for a regional programme of eradication is evident. The recent case of Mr and Mrs Atkinson, whose north Belfast home is bordered by waste ground that is infested by Japanese knotweed, plainly highlights the need for action.

Photo of Pam Cameron Pam Cameron DUP

I will indeed.

Photo of William Humphrey William Humphrey DUP

I am grateful to the Member for raising Mr and Mrs Atkinson's situation. I have visited their home, and I know the Member has previously been in touch as Deputy Chairperson of the Committee for the Environment. This has caused considerable distress and anxiety to Mr and Mrs Atkinson, and I welcome the Member raising it in the House this morning.

Photo of Pam Cameron Pam Cameron DUP

I thank the Member for his intervention, and I understand that it has caused great distress to that family. The ground next to the Atkinson's property is in private ownership and would require them to take costly and time-consuming civil action, whilst the plant is growing at a rate of up to eight inches every day. They cannot cut it or dig it up, as that causes an acceleration in growth. The only method to try to eradicate it is an expensive course of chemical treatment that could take up to seven years to completely clear the problem.

Japanese knotweed is on the rapid increase in Northern Ireland, and we must take steps to ensure that we prevent its spread. I am pragmatic enough to understand that it may be virtually impossible to completely eradicate the problem, but it is a problem that we cannot continue to ignore. A regional programme could clearly set out a plan to deal with the issue and how best to manage it, coupled with a more considered use of current legislation and clarification of some aspects of regulation. We can easily close the loopholes surrounding Japanese knotweed and assist councils in formulating a more strategic approach. The precedent has been set in our neighbouring jurisdictions. The legal framework is in place, and the will is there. We must work towards removing the grey areas and make the treatment of Japanese knotweed simpler, quicker and less ambiguous in order to protect our precious ecosystem and the built environment.

Photo of Linda Dillon Linda Dillon Sinn Féin

In my role as Chairperson of the Agriculture, Environment and Rural Affairs (AERA) Committee, I would like to take the opportunity to mention that the Committee has identified knotweed and, indeed, hogweed as potential problems. The issue was first raised at the Committee meeting on 16 June, when it became apparent that practically every member around the table had issues with knotweed and/or hogweed. When we questioned officials, it became clear that there was no consistent or coherent strategy to deal with it; in fact, the Department told us that, despite recognising that knotweed and hogweed are species that "cause significant problems operationally", they are dealing with it on a case-by-case basis.

The Committee was told that the EU had legislated in the area with the invasive alien species regulation, but, in the same breath, we were told that the regulation did not apply to knotweed. We were later told that other jurisdictions had tried a different approach, such as the use of ASBOs, but, to the Committee and me, that is clearly not a satisfactory position. We wrote to the Department asking for more information and were subsequently informed that the Wildlife Order 1985 made it an offence to cause to grow in the wild or release or allow to escape in the wild any non-native plant listed under schedule 9 to the legislation. Japanese knotweed and giant hogweed are listed in Part II of schedule 9, but the Department's role is limited to the provision of advice and guidance on the management of invasive species. Again, I can state that the Committee was not satisfied with the answer, and we have now asked for further details, such as statistical information on the extent of the problem in the North, including the number of known cases, the geographical spread of the problem and the financial implications. I look forward to receiving that information in due course, and I am sure that we will be interested in its content.

I am the Sinn Féin spokesperson for Agriculture, Environment and Rural Affairs, and this issue came to Mid Ulster District Council in 2015. It could not be supported because there was nothing being put in place to protect those who may find themselves in the position of having this on their property and not being able to deal with it because they do not have the financial capacity to do so. Whatever we decide to do, we need to protect those who may not have the financial capacity to deal with the problem. However, I accept that that may be no good to those who live in neighbouring properties, whose finances are negatively impacted, their property reduced in value and their quality of life obviously impacted on as well.

It is a significant problem, and we need to find a proper strategy and a way to move forward. It is extremely important that we deal with the issue and come up with a strategy that protects all.

Photo of Robin Swann Robin Swann UUP

I thank the Members for tabling the motion. This change to our business allows more than one Member to table the same motion, and this is similar to a motion that I had tabled and to a private Member's Bill that, as I have indicated to you, Mr Speaker, I intend to bring. I thank the Members for getting the matter to the Floor a little more quickly than I was able to.

I heard the proposer and the Chair of the Committee indicate the threat that this invasive, non-native species has become. In my constituency, I am working on three cases concerning Japanese knotweed, but they do not afford the same actions as have been suggested by the proposer of the motion, the Chair of the Committee or possibly even by the Minister. The three cases are all in developments built by a private developer who brought in backfill from another site that had not been screened for either Japanese knotweed or giant hogweed, and so the two invasive species have developed around those properties. The developer has declared himself bankrupt and gone into liquidation, and the liquidator has declared non-interest in the properties because of the presence of Japanese knotweed. I think that the proposer, Ms Cameron, referred to banks refusing mortgages because of the presence of Japanese knotweed and its destructiveness. The problem then falls to the neighbours, who bought properties in the same area from the same developers a number of years back. These are significant developments, and the Japanese knotweed and giant hogweed that has become established on one property is spreading into neighbouring properties and gardens. As has been mentioned, once established, these species know no borders or boundaries, and they spread at a significant rate — eight inches per day. When I was there, it was up over my head. Once they become established, these species are a severe problem.

The research paper has been very deliberate about what can be done in different jurisdictions, but it all revolves around someone owning or having responsibility for the premises on which the Japanese knotweed is present. We do not have a mechanism with any of our legislative forms, should it be at Assembly level, at council level or through the Northern Ireland Environment Agency (NIEA), for a requirement for that invasive species to be eradicated because of the significant cost. I would like to see that being teased out in the Minister's response because, as the Chair of the Committee indicated, it is a problem throughout Northern Ireland. Even her officials at the Committee that day acknowledged the presence of it on their ground. They said that they treated it on a case-by-case basis if there was a threat that it would go on to a neighbour's premises, but only if and when there was a threat.

The problem with Japanese knotweed is the roots. The extensive root system can grow up to seven metres so they have to be treated at deep-root level, and it is not a matter of just cutting them off and moving on.

Having interacted with the two councils that fall within my constituency — Causeway Coast and Glens and Mid and East Antrim — I know that they would both like the powers to do something about it, but their answer is, "It is an Assembly problem. We do not have the legislation to tackle it, but if we had we would". I ask the Minister to take an additional look at what can be done when it is present on premises that do not have an owner. When premises become vacant and the receiver declares non-interest, they move to the Crown as bona vacantia. The Crown now has responsibility for the premises causing the problems in my constituency.

I know that some of the Minister's colleagues have taken on Crown responsibilities, so I ask the Minister to look at what can be done with Japanese knotweed, especially when it is now prevalent in areas where it causes a real problem to neighbouring landowners.

Photo of Sinéad Bradley Sinéad Bradley Social Democratic and Labour Party 11:30, 20 September 2016

I also thank the Members who tabled the motion. As you are aware, Japanese knotweed is a problem that is peppered throughout Northern Ireland, but we do not really have a handle on where it is most prevalent and where it causes most problems. However, as a Member for South Down, I can confirm that the problem exists in the constituency. Thankfully, it is on a smaller scale than in other constituencies, but, nonetheless, there is a worry that it will spread, and preventative measures not being taken could make the problem much bigger than it is today.

I thank the Member for moving the motion and giving the backdrop. I will not repeat that because it was comprehensive. Other Members have indicated the strength and speed of growth in a way that I cannot match, so I will not attempt to do that either. Looking at the structure of the weed, as, I suppose, it should be called, I find it shocking just how strong and persistent it is. There is no doubt that any proposal to put forward any programme will have to be as robust because it will not go away overnight; it needs something that we will commit to in the longer term and not just the short term.

Members will know that work has already been done in the House when the previous Environment Minister put forward the Northern Ireland invasive alien species strategy. The objective of that strategy, I understand, was to halt the impact on biodiversity and the economy of invasion by alien species. There is an economic impact, which is largely unmeasured at this time. There is also an impact when an invasive species — in this case, Japanese knotweed — reaches somebody's home.

People sign up to a mortgage of 20 to 25 years, and, I am sure that most Members will agree, it is probably the biggest financial investment of their life. Financial products these days are understandably very flexible and mobile and allow people to move as and when life situations change, but, when something like Japanese knotweed enters the equation, people's lives are literally put on hold. It has an impact on their family and their life choices and causes stress and worry.

We cannot shift the solution to this to the mortgage companies. Mortgage companies are in the business of measuring risk against their loan books, if you like. We need not look there for solutions, but we need to collectively look at what realistically can be done to resolve the problem.

The Environment Committee commissioned research into the existing legislation across these islands in relation to Japanese knotweed and the control of its spread into neighbouring properties. It was identified that there was no public assistance with redress for individual property owners — and that is a problem in itself. Someone who does not have the financial capacity to deal with the problem has the frustration of knowing it is there and watching the problem become bigger as the growth spreads.

The previous Environment Minister asked the Department to undertake an analysis of the extent of the problem here. That is perhaps one of the starting points we have to consider — the extent of the problem. I do not think it has really been measured yet, and perhaps that has to be our starting point: where is the problem, where is it most prevalent and where do our resources have to be targeted?

I will go on to talk about the commissioning of the official study. We cannot pretend. In the motion we talk about a regional strategy, and in the European context there has been that acceptance that the problem is so big that it cannot be eradicated totally. Perhaps because we are on an island, we can be more ambitious in looking at long-term eradication. That will, of course, include having to look at an all-island strategy on the problem. Transport lorries are, I believe, one of the potential carriers of the seed for this problem, so it would be naive to have a robust strategy that did not consider the island of Ireland.

Photo of Robin Newton Robin Newton Speaker

I ask the Member to conclude her remarks.

Photo of Sinéad Bradley Sinéad Bradley Social Democratic and Labour Party

Thank you, Mr Speaker; I will.

I thank the Members for bringing this forward. I look forward to supporting any robust eradication strategy.

Photo of David Ford David Ford Alliance

I congratulate Pam Cameron and her colleagues for bringing this forward. I do not think there is any need to rehearse the points that have already been made about the biology of Japanese knotweed, save to note that the research that is being done in England and Wales suggests that the only possible control is the psyllid, a Japanese insect that does not seem to thrive in the wetter climate of these islands, which presents a problem for us on an ongoing basis as to how we deal with it.

I would like to look at some of the legal options on how we can deal with the matter. I reference an answer by the previous Environment Minister, who has just been highlighted by Ms Bradley, to my colleague Chris Lyttle in June of last year on the difficulties and contradictions in our current law. As Ms Dillon has already said, it is an offence to plant or cause to grow in the wild any plant listed in Part II of schedule 9 to the Wildlife (Northern Ireland) Order 1985, which includes Japanese knotweed. However, there is no legal requirement on a landowner to control or remove existing established areas of Japanese knotweed from their land, and therefore there are no enforcement mechanisms in place to control plants that are already established. That is where we run into the difficulties that have been highlighted of individuals whose property ends up being affected by invasion from adjacent property. The question is what level of legal enforcement we should have in this jurisdiction. We have highlighted the massive blight on property owners when people are told the value of their house has dropped or someone is completely unable to sell or, as in at least one case highlighted in the media, they are unable to obtain a mortgage so they can let a property whilst buying another one.

Whilst it is undoubtedly correct that operations would need to be addressed on a North/South basis, given what we see of the transfer of waste, including contaminated soil, across the border, there is legal precedent that better comes from England and Wales at this stage to look at how we might make progress. Is the Minister able to tell us whether she has considered the question of the introduction of ASBOs or the use of ASBOs on a wider basis to deal with problems like this and whether there should there be discussions between her Department and DOJ on how that might be done? Clearly, the possibility that now exists in England and Wales under the Infrastructure Act 2015 of imposing species control orders is one way of addressing the threat from one piece of ground to another that perhaps needs to be considered for this area.

There is no doubt that there is a significant role that the Department or NIEA could play in raising awareness of the problem. In many cases, stands of knotweed get to a point where control becomes very expensive. If people were more aware at an earlier stage, control would be rather more easily carried through. Perhaps we need to raise awareness by doing more than having a debate in the Chamber and, at least, to ensure that the NIEA gets the opportunity to publicise it, perhaps even with pictures or television coverage to show what it actually looks like. I suspect that many people do not realise what knotweed looks like until they find out the hard way how it affects them.

It is clear that we need to find ways that will stop the spread. Whilst, legally, somebody may be allowed to grow knotweed on their property, there is a real challenge in how that is done in a way that, in urban areas, does not become a threat to neighbours. That is currently not covered by the issues that we have. In that sense, the potential for species control orders may be one way in which we could ensure that action is taken at an early stage to stop the threat to others.

There are problems because so much of this happens on what is described as waste ground. There is a real need for the Department to take responsibility and direct action, if a landowner is not doing so, because of the potential threat in many cases to more than one neighbour, given what we have heard about the dangers of spread. There are significant issues. There are ways in which those matters could be carried out and charges levied, using the English legislation or something similar, on those who own the land. There is also wasteland that needs to be addressed in a different way. A lot needs to be done, and both legislation and direct action could be used by the Department, given all the constraints that, I accept, exist. There is no doubt that, otherwise, small numbers of our people will continue to suffer from this invasive weed.

Photo of Gary Middleton Gary Middleton DUP

I welcome the opportunity to speak on the motion. The fact that we are discussing this in the Chamber shows the seriousness with which we take it and how serious an issue it is across the Province. Japanese knotweed has affected and continues to affect many areas and properties throughout Northern Ireland. Whilst the full extent of the problem is not known, many cases have been highlighted in the media and through Members' constituency offices. My colleague mentioned the well-known case of Mr and Mrs Atkinson in north Belfast. The distress and annoyance caused is clear.

This invasive species not only destroys native plants and reduces local plant biodiversity but seriously damages buildings, land surfaces and infrastructure. There have been cases where knotweed has damaged flood defences and waterways. The implication of that is that it runs into serious financial costs of millions of pounds. Homeowners have found that Japanese knotweed can reduce the value of their home, damage the structure of the building and create issues, as mentioned already, with mortgages when they are selling the property. Of course, the fact is that it takes years to eradicate.

A regional programme for the eradication of Japanese knotweed would be useful and could help to deal with the issue more effectively. I appreciate that such an initiative would require much attention from the Minister and much investigation of the exact cost of such a programme and the legal issues involved.

The concern for the landowners affected is that they are responsible for dealing with it. High-level, widespread control is currently not the responsibility of any of the statutory organisations. It is even more frustrating when the knotweed is coming from neighbouring, vacant premises. As MLAs, we know that trying to sort issues involving vacant private properties can be very difficult in normal everyday circumstances, never mind dealing with invasive species.

As a former member of the Environment Committee, I heard directly from those involved in the eradication of Japanese knotweed, an organisation called Knotweed NI. It was agreed that, to effectively tackle the issue, there should be cross-departmental cooperation and work with outside bodies and organisations.

As mentioned by my colleague as well, we need to look at other regions and areas of best practice, be it England, Scotland or the Republic of Ireland. I am pleased to hear that there is ongoing work by the Committee for Agriculture, Environment and Rural Affairs to look at the issue. I encourage all Members here to support the motion.

Photo of Oliver McMullan Oliver McMullan Sinn Féin 11:45, 20 September 2016

The issue of Japanese knotweed has now reached epidemic heights. There needs to be clear law, responsibility and duty of care. At present, there are ASBOs and civil law to deal with the problem. Those are at a local level for people not controlling Japanese knotweed when they could reasonably be expected to do so. Whenever we talk about ASBOs, we are talking about antisocial behaviour, but I do not think people can be blamed for antisocial behaviour when dealing with this problem. The one thing missing here this morning when we talk about responsibility etc is the point that quite a lot of people cannot financially deal with it. That could be a problem in the way we deal with this.

The plant, which was introduced here in the 19th century, is ornamental. However, when it becomes very bad, it affects practically every part of life. Removing it involves considerable cost to the landowner, or else they face a fine. For example, it cost a reported £70 million to clear a 10-acre site for the London Olympics.

The motion calls on:

"the Minister of Agriculture, Environment and Rural Affairs to bring forward proposals for a regional programme to eradicate Japanese knotweed."

While I support the motion, I believe we must see regional authorities — councils — coming on board as well. Councillors are in a daily battle with knotweed, so their expertise will be invaluable in combating the plant. One thing we do not have is a regional map for where the plant is growing and spreading so that we can monitor its spread.

There is a difference of opinion on the best way to deal with it. Some authorities when asked by the public advise them to spray it with off-the-shelf weedkillers. Others will have a different method. We are still not being given proper advice because we are told that the off-the-shelf weedkillers we can buy ourselves are not strong enough to deal with it. We must have a clear method of treatment and, most importantly, clear advice on disposal. At present, we are failing to give proper advice to the public. That is why I ask the Minister to look into each council having a dedicated member of staff who is trained to give the correct advice to the public. I do not think we have that. We have some members of staff in councils who try their best, but they are not dedicated or trained.

We know that, when knotweed grows along watercourses, it can damage flood defence structures, which can reduce the capacity of channels to carry water. This weed can grow through concrete, tarmac and other hard-core surfaces. During the recent construction of the A8 from Larne to Belfast, problems were encountered with the weed. If you are selling your home and your neighbour's property has the plant growing on it, your property will be devalued; worse still, the mortgage company may insist the plant be treated before the sale progresses. That could hold up the sale for anything up to two years, and the cost of treatment could run into thousands of pounds.

Minister, at present, it is estimated it will cost the economy here in the region of £40 million per year. Any regional programme for the eradication of knotweed that you bring forward must have the input of all Departments and regional authorities. Also, the cost of any programme of eradication must not be left to become the sole responsibility of the Assembly or its Departments. We must be clear on the law: who is responsible? I do not believe you can have a plan for eradication, because although it is quite clear that we may not be able to eradicate this plant, we must be able to treat it and have the knowledge of how to treat it. That knowledge is missing. It is missing from the local authorities, which are on the front line when the public ask for advice. I ask that councils take that on board because it could save a lot of money in the long run.

I support the motion and thank the Member for proposing it.

Photo of William Irwin William Irwin DUP

This is a very timely debate. Only last week, I was approached by two constituents who had concerns about outbreaks of Japanese knotweed close to their homes in rural areas. In those instances, the weed is only a matter of feet away from their homes, which is, of course, a huge source of concern for them. In both instances, the weed is not on land in their ownership, raising the important issue of who has responsibility for control and removal, given that, under current environmental law, it is not an offence to have Japanese knotweed growing on your land.

The very word "knotweed" strikes fear in homeowners across the Province, especially as the weed is extremely difficult to control. Homeowners themselves cannot effectively and ultimately eradicate the weed without there being an evacuation of the root system. As an invasive species, knotweed, like hogweed and other species, once established, spreads easily in almost any type of soil. When you consider that it can be spread easily by an accidental movement of the plant stem or its root system, which can grow to a depth of 3 metres and 7 metres horizontally, it is easy to understand why it is so prevalent. Even the tiniest fragment of knotweed root can produce a plant, which can then grow by up to 2 centimetres a day regardless of soil type. It can penetrate existing cracks, blockwork or concrete walls and foundations.

People are most concerned about the weed growing in close proximity to homes. There are many reported instances of homeowners being hampered, as was said, in attaining mortgages and in reselling their properties if knotweed is close to those properties. A renewed focus is certainly required to work towards the effective eradication of knotweed. Reference has been made today in the Chamber to the fears of residents across the Province who have been unfortunate enough to have been affected by this weed. Those people certainly deserve assistance in the fight against this highly invasive species.

As many reports have indicated, and as private weed control companies with the experience of dealing with knotweed can attest, dealing with this species effectively requires a range of procedures, including evacuation and safe disposal of the soil, for the best results. That, of course, may prove to be a difficult and, no doubt, costly procedure, given various access issues, particularly in built-up areas, and the high probability of services running through affected ground. Soil containing the root system has to be carefully removed and then disposed of within the current waste disposal regulations, which has an added cost.

Regardless of these difficulties, I am of the view that, as a legislature, we should respond to public concerns and come up with a suitable plan and procedure for addressing the issues that this invasive species presents, especially for homeowners, and move to an effective eradication policy. I support the motion.

Photo of Andy Allen Andy Allen UUP

I join others in welcoming the motion tabled by the Members. I also welcome my party colleague Robin Swann's impending private Member's Bill.

As was mentioned, the invasive non-native plants that cause most of the problems in Northern Ireland are Japanese knotweed, giant hogweed and Himalayan balsam. In the last year, since becoming an MLA for East Belfast, I have dealt with numerous constituency enquiries about knotweed, like many Members around the House. Constituents find it virtually impossible to deal with the problems because they are not able to ascertain who owns the land from which the knotweed is growing. We are also restricted in tackling the plants because their prevalence and the location of breakouts are not recorded.

In conclusion, I will give the House an example of a recent difficulty encountered when trying to deal with Japanese knotweed.

After many hours speaking with DAERA, the council and other stakeholders, we were unable to ascertain the ownership of a piece of land with knotweed growing on it. The best advice that we were given was to place a notice on the fence at the wasteland in the hope that the landowner would see it and act. That simply is not good enough. We must do more to support those facing difficulties with non-native plants such as knotweed. I support the motion.

Photo of Caoimhe Archibald Caoimhe Archibald Sinn Féin

I, too, welcome the opportunity to contribute to the debate. Others have outlined the significant problems that Japanese knotweed causes. Its prevalence seems to be increasing, so clarity is certainly required on a strategy and measures that should be adopted to control it.

I support the motion. The problem must be tackled, and a targeted focus is required to do so. As an invasive species, as others have pointed out, Japanese knotweed poses not only a threat as a result of the damage that it does but a threat to our biodiversity. Protecting our biodiversity is a priority to mitigate climate change and the increasing threats from plant and animal diseases associated with that.

(Madam Principal Deputy Speaker [Ms Ruane] in the Chair)

The biodiversity strategy to 2020 was published last year, and protecting against adverse pressures from invasive alien species forms part of that strategy. Japanese knotweed is listed, however, as one among several invasive species. The invasive alien species strategy published in 2013 set out measures and actions that should be adopted to tackle invasive species in general. They include better awareness to identify the species; detection, prevention and control measures; management; and communication. In developing any strategy to control or eradicate Japanese knotweed, a first step should be to evaluate progress made against that strategy. It is due for review this year.

As the Committee Chair said, the European Commission recently published a list of invasive species around which the Department is planning to legislate soon. Japanese knotweed is not included on that list, so it will not be subject to the measures contained in it. Explaining its absence, the European Commission indicated that the list was not exhaustive and that other species might be added. There is, however, a need to consider, as others mentioned, the legal framework for dealing with Japanese knotweed.

As has been said, the consequences of discovering Japanese knotweed on public or private land can be severe, and its eradication from property can prove very costly. It places a significant financial burden on individuals in particular, and consideration needs to be given to that, especially as the responsibility for dealing with Japanese knotweed falls to the landowner. Stopping it spreading to neighbouring properties is currently a matter of civil law under a duty of care to the neighbours. I acknowledge what Mr Swann said about developments. In that regard, an evaluation of the control measures, the legislative framework and financial considerations adopted in other states should be carried out to determine what is most effective. That would allow the strategy or measures put in place here to be informed by best practice elsewhere. Care must be taken to ensure that such measures do not place individuals in financial hardship when obligations are placed on them to deal with the problem.

This is a complex problem. As others have said, it involves multiple stakeholders, including local government and other agencies, all of which should be consulted and included in any strategy being developed.

Photo of Michelle McIlveen Michelle McIlveen DUP

I thank the Members who tabled the motion for doing so. I have listened carefully to the remarks made during the debate and with great interest. As a constituency MLA, I can cite similar cases and concerns. The problems caused by Japanese knotweed growing in the wrong place clearly cause distress to individuals and local communities and impact on our natural systems, including along our rivers. Evidence suggests that it is a growing problem, often triggered by changes in how properties are bought and sold.

Japanese knotweed is, as Members said, a bamboo-like hardy perennial that grows quickly and strongly. It was introduced in the 19th century and is invasive, spreading by its underground rhizomes or roots. It is widely established throughout Northern Ireland. The species is widespread and is especially prevalent on disused and unmanaged lands. In such locations, particularly when the ownership of the land in question is ambiguous or unknown, it is difficult for agencies or citizens to act quickly or at all. That has been highlighted throughout the debate. I recognise that this is frustrating for the individuals concerned.

Japanese knotweed causes two principal problems: it impacts on our native biodiversity and on buildings and infrastructure. As Members know, my Department works with other agencies, including Transport NI, the Northern Ireland Housing Executive and councils, which are all involved in some way or other in trying to control Japanese knotweed, either on their own properties or in partnership with other organisations. That activity is often associated with rivers, roads, greenways and other infrastructure routes.

The call for a regional eradication programme has, no doubt, been triggered by the more recent changes to property sales and the impact of Japanese knotweed growing close to properties. I appreciate the concerns of individual citizens, and in the debate we need to balance what can be done in the strategic sense with what we can do to help individuals affected.

The legislative situation in Northern Ireland is that, under article 15 of the Wildlife (Northern Ireland) Order 1985, it is an offence to plant or otherwise cause to grow in the wild Japanese knotweed or any other invasive plant listed in Part II of schedule 9 to that Order. Anyone guilty of an offence under article 15 may be liable on summary conviction to up to six months' imprisonment or a fine of up to £5,000 or both. On conviction on indictment, they may be liable to two years imprisonment or a fine or both. If a landowner is disposing of knotweed or any other controlled waste by cuttings or excavation, the Waste and Contaminated Land (Northern Ireland) Order 1997, as amended, is relevant. That legislation places a duty of care on anyone who produces, collects, carries, keeps, treats or disposes of controlled waste to take all the necessary steps to keep it safe and prevent it from causing harm, especially to the environment or human health.

At present, there is no statutory mechanism to compel an owner or an occupier of premises or land to control invasive alien species such as Japanese knotweed. Given the current legislative provision in Northern Ireland, the advice received from Departmental Solicitor's Office is that cases where species such as Japanese knotweed are spreading from one property to another are civil matters between landowners. I am aware of the issues surrounding that.

The effect of invasive alien species is internationally recognised as one of the main threats to the ecology of our natural environment; to that end, invasive alien species feature in the Northern Ireland biodiversity strategy. That strategy is a statutory requirement.

Some Members referred to the legislative situation in Great Britain and the Republic of Ireland. Each jurisdiction has taken a slightly different approach. In England and Wales, the Wildlife and Countryside Act 1981 is the principal legislation that deals with non-native species, and it is illegal to plant or otherwise cause to grow in the wild any plant listed in schedule 9 to that Act. Furthermore, the Infrastructure Act 2015 amended the Wildlife and Countryside Act 1981 to introduce new measures relating to species control legislation that have the potential to tackle invasive alien species. The species control agreements or orders are made by environmental authorities to ensure that landowners take action on invasive species or permit others to enter the land and carry out those operations to prevent their establishment and spread. The intent of the provisions is primarily to remove newly arrived invasive species or those of relatively restricted distribution; it is not envisaged that the powers will be used to control invasive species that have become widespread. Any action taken has to be demonstrated to be proportionate and cost-effective, and my Department is not aware of any cases having been taken to date.

There is also a discretionary power in England and Wales to require the landowner to clean up land that is adversely affecting the amenity of the neighbourhood. That is under section 215 of the Town and Country Planning Act 1990. Local authorities also have the power to undertake clean-up works and recover costs from the landowner. However, the decision on whether to take action in individual cases is a matter for the local authority concerned, which needs to take into account all the local circumstances. In addition, the Anti-social Behaviour, Crime and Policing Act 2014 enables community protection notices to be served by local authorities or the police on individuals who act unreasonably or persistently or continually act in a way that has a detrimental effect on the quality of life of those in the locality.

The 2014 Act does not specifically or explicitly refer to Japanese knotweed or other similar, invasive, non-native species, as these powers are designed to be flexible and could be used to address specific problems caused by widespread invasive or non–native species. However, an information note has been produced on Japanese knotweed to accompany this legislation. Councils have used community protection notices to compel landowners to take action against invasive species. A report in a recent Royal Institute of Chartered Surveyors' 'Building Control Journal' stated that a community protection notice was issued in Peterborough on a whole street and on an individual homeowner in Coventry who initially refused access to their garden to allow treatment of knotweed affecting the adjacent owner.

In Scotland, the Wildlife and Countryside Act 1981 makes it an offence for any person to plant or otherwise cause to grow in the wild any non-native plant listed on schedule 9 of that legislation. Japanese knotweed is listed. The legislation is designed to prevent non-native species spreading into the wild but does not require people to control invasive species on their land. The Wildlife and Natural Environment (Scotland) Act 2011 amended the 1981 Act to include species control provisions to control or eradicate invasive alien species. These provisions make it possible, under certain circumstances, to compel landowners or occupiers to carry out control or eradication operations, or allow them to be carried out by the issuing authority. The orders are intended to be used when it has been impossible to reach a voluntary agreement with the owner or occupier or when action is urgently required. To date, we are not aware of these powers being used to tackle any plant species.

With regards to the Republic of Ireland —

Photo of Michelle McIlveen Michelle McIlveen DUP

If you do not mind, I would like to move on quickly.

The Department of Arts, Heritage and the Gaeltacht is responsible for enforcing the European Communities (Birds and Natural Habitats) Regulations 2011, which contain provisions to address the problem of invasive species. Regulation 49 of the 2011 regulations, relating to the prohibition on introduction and dispersal of certain species, places restrictions on the introduction of any plant species listed on part 1 of the third schedule. It is an offence for a person to plant, disperse, allow or cause to disperse, spread or cause to grow any listed plant species. Again, Japanese knotweed is listed in this schedule. The Department of Agriculture, Heritage and the Gaeltacht has indicated that it will continue to address the problem of Japanese knotweed on its own property but has no plans to tackle it in privately owned gardens.

The legislative position in Northern Ireland is arguably less robust than that in GB with respect to actual powers to intervene in problematic cases where Japanese knotweed is perceived to be a nuisance to individuals or communities. However, such legislative powers as applied in GB have not led, and are unlikely to lead, to eradication there. While it has been suggested that introduction of similar legislative intervention might be a sufficient deterrent, there is not a substantial list of enforcement case history to examine what could be applied in Northern Ireland and the relative costs and benefits. I have asked my officials to examine the options that may be available within my policy remit and the consequential financial and resource implications. That would include the potential to introduce powers similar to those available in section 215 of the England and Wales Town and Country Planning Act 1990.

The general concept of a regional eradication programme for Japanese knotweed does have merit. However, the practicalities of delivery, given the statutory basis, the likely resource costs and the possible societal expectation that government agencies will intervene with other similar or nuisance species, are something that we need to consider very carefully.

I will come to cost considerations in a moment, but, first, we need to acknowledge that an intervention programme could require significant levels of enforcement-type action given the individual rights that citizens have on their private property. There currently is no statutory basis for forcing action on individuals to remove Japanese knotweed, so any strategy would, initially at least, need to operate on a voluntary/partnership-type basis. The likely costs of a regional eradication programme are very difficult to estimate, not least because we have an incomplete picture of actual distribution of the species, as Mr McMullan highlighted. That is especially true in urban areas, where the problem is more acute. Costs would be associated not only with the actual removal of the species — for example, herbicide spraying — but with land searches, legal costs, and restoration and reinstatement. Costs for eradication in individual cases will vary depending on the size of the infestation and the length of time the plant has been growing. One published source reported a cost of £2 million to eradicate Japanese knotweed in a 2 hectare development site in 2010. The European Environment Agency quotes a figure of €175 million being spent in the UK on control — not eradication — of the species.

Given that some treatment approaches for removal of Japanese knotweed require three to seven years, it would not be unreasonable to predict that costs of an eradication programme would increase year on year and would require ongoing budgets over a prolonged period. The question of whether there should be a regional eradication programme for Japanese knotweed raises interesting secondary questions about why we should do so for this species and not other plant species that can cause damage and whether that creates expectation and precedent that public resources be used in this way. Whilst the departmental invasive species policy has been generally focused on impacts of invasive species on natural habitats and systems, it is suggested in the building industry that Japanese knotweed is a special case where the issue is about people and property rather than just ecology. A range of other plant species can cause damage if growing near property, and some spread directly and grow on property. There is also an expectation in society that land- and property owners act responsibly with respect to neighbours, and given that there is a range of other species that readily spread or, if growing near property, can cause structural damage, there could be calls for further intervention by government agencies to resource the removal of such species.

This is an emotive and complex issue. A broad-scale eradication approach may appear desirable but would be very costly. Complete eradication would be practically difficult, if not impossible, to achieve and could raise expectations of future interventions. I believe that we should focus our attention on the worst cases, and, in looking at the policy options, my officials will certainly investigate that. Any potential change or action will not lead to an immediate solution for those directly impacted by this species right now, and so, in the meantime, I appeal to owners of land, particularly in urban areas, to take control of Japanese knotweed and, indeed, other potentially invasive or nuisance species. I also seek information from citizens and ask them to record their observations. Such information could lead to much more informed action in the local community and, indeed, inform a regional map, as was suggested. Our response needs to be targeted, focused and joined up. I will encourage my officials to continue their partnership with other Departments and to engage with the Committee and others where appropriate.

Photo of Lord Maurice Morrow Lord Maurice Morrow DUP

At the outset, I thank everyone who took part in the debate. It has come across very clearly that there is an issue that needs to be tackled; that has been acknowledged right around the House today. I also want to thank the Minister for coming here today, taking part in the debate, listening to the comments of all the Members and, of course, speaking on the issue.

This is not the first time that this matter has been discussed. When I was a member of the Environment Committee, it was the subject of lengthy discussion and debate. One thing that comes out very clearly is that this is not a simple issue or an issue that will go away. Indeed, it may get worse as the years go by. Therefore, turning our heads and looking the other way is not the answer. It has to be tackled, and a strategy has to be put in place that will tackle the issue in some way. The Minister is right when she says that we should focus our attention on the worst cases. That is the proper approach. I commend the Minister for accepting that there is a big issue out there. We will not underestimate it; we will state that it will not be simple or straightforward to resolve. No one believes that it will be.

I had a case in my town where a developer was doing a development of houses and, of course, the work had to come to a halt. That scheme was held up for two years because of the emergence or appearance of knotweed. That, of course, adds to costs and expenses, and all of us in the House can turn to situations where there is a housing need. We have a massive housing need across Northern Ireland, whether it is north, south, east or west. These issues do not help in any way and only serve to make a bad situation infinitely worse.

I have to say to Sinn Féin that its Members have been a bit more what I would call "constructive" today than they were when the issue came before Mid Ulster council. One of my colleagues tabled a motion, and Sinn Féin said that it could not support it because the council could not do anything about it. They were not being asked to do that; they were being asked to lobby the Minister and the Department. I cannot for the life of me remember — my mind goes blank — who the Minister was at that time. It was about a year or so ago, and someone can tell me. What Sinn Féin was guilty of at that time was that it was looking at who was saying something, rather than what was being said. That seems to be a common fault in Northern Ireland: we seem to look at who is saying the thing rather than at what is being said. That was not their approach today. They have manned up and womaned up — yes — and said that there is an issue and we need to tackle it.

Mr Swann referred to the fact that he is tabling a private Member's Bill, and I wish him well on that. We look forward to that coming to the surface when that day comes. No doubt that will be a constructive piece of work, and, hopefully, it will go some distance towards tackling the real issue.

The challenge for the Minister and the Department is in whether our legislation is as robust as that of GB. My information — I do not say it in a critical way — is that it may not be. There comes a time when you have to grasp the nettle — or, in this case, the knotweed. We need to look at where we are behind GB and why our legislation is not as robust and fit for purpose as that in the rest of the United Kingdom. Somebody posed the idea — it was more of a distraction — that we should look at what the Irish Republic is doing and do a joint venture. Look, folks: what we need to do in this country is look after our own affairs first. That is where our responsibility lies and where the Minister's duties are. I exhort her and her Department to take a close, long, hard look at the present legislation, study it and see how we can come up to speed if we are behind.

The Minister said — I noted it — that there was a summary fine of something like £5,000 or two years' imprisonment or, worse still, both. I wonder how many fines there have been over the past five years or, indeed, if there have been any. Some say that, if we take further action, we will put more obstacles in the way of farmers; I do not think so. Whilst I have the greatest sympathy with landowners who discover that, through no action of theirs, they have a problem with knotweed, nevertheless, as I said, I do not think that turning a blind eye or turning our heads and looking the other way is the answer. It is not an issue that will go away.

I urge the Minister and her Department to do all that she can in her tenure to ensure that the problem is tackled to the best of her ability. It is a complex one — no one ever said that it was anything different — and it will be very difficult for the Minister and her Department to really get into it. Who else can we look to? We cannot. Figures of millions of pounds are being put out as the amount of money that will be needed to tackle the issue. Let us deal with it and follow her lead. She has said that we will deal with the worst cases first and move from there. I think that the Assembly is quite happy to support that approach, but we need change, and it needs to come very soon.

I thank everyone who took part. I know that the Minister and her Department are not complacent — they are acutely aware of the issue — but more could have been done in the past, and I look now to more being done. No doubt the House will monitor the issue closely in the weeks and months ahead. It received a lengthy discussion in the old Environment Committee. I appreciate what the organisation calling itself Knotweed NI is doing, but there needs to be a new impetus. I believe that the Minister is the right person to give it.

Question put and agreed to. Resolved:

That this Assembly calls on the Minister of Agriculture, Environment and Rural Affairs to bring forward proposals for a regional programme to eradicate Japanese knotweed.