Clause 101 - Statutory nuisance: insects

Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at 4:30 pm on 27 January 2005.

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Photo of Ms Sue Doughty Ms Sue Doughty Shadow Minister (the Environment), Environment, Food & Rural Affairs 4:30, 27 January 2005

I beg to move Amendment No. 116, in Clause 101, page 74, line 32, leave out ', trade or business' and insert 'or trade'.

At first glance I broadly support the clause. We have all experienced the problems that occur when somebody is composting on a commercial basis and the flies cause a real nuisance to the people who live close by. It is quite hard to get people to deal with that.

I have a particular aversion to mosquitoes, almost to the point of declaring an interest. My house is in a river valley, which has areas of water on which mosquitoes breed. From time to time, that makes sitting in the garden a misery. It is tempting to say, ''Death to all   mosquitoes'' willy-nilly. Mosquitoes particularly take to me, but I do not particularly take to them. However, Buglife, the Invertebrate Conservation Trust, has expressed considerable concerns. We want to get rid of nuisance insects, not insects per se. That is where we seek guidance.

It is a matter of what we define as a trade or business. Does a business include farmland and fields? Does it include areas where there would be a normal diversity of wildlife, including insect life? The last thing that I would want is for us, in dealing with nuisance insects, to have to deal lock, stock and barrel with all insects in a particular area. That would be completely counter-productive and would go against what we have all been working for in establishing our wildlife biodiversity.

It is also a matter of how ''nuisance'' is defined. What constitutes a nuisance from insects, as opposed to the normal situation with insects, particularly at certain times of the year? I will give an example. St. Mark's flies are harmless. For about two weeks in the spring they swarm. Normally, they live in hedgerows. They eat roots and pollinate hawthorn bushes; they are generally benign, but they are bit annoying when they are swarming. They do not hurt people, but they look unsightly. People complain about them and ask for them to be controlled. There are only two ways in which to deal with St. Mark's flies. Either the land can be ploughed up, which does not seem a good idea, or the area can be sprayed with a pesticide. In either case, everything else in the vicinity will be knocked out. If a complaint was made and the local authority enforced it with an abatement notice, the farmer could be compelled to destroy or poison habitats of local wildlife.

There is also the problem of mosquitoes breeding in standing water. As I said, I would quite happily ring up the council every other evening of the summer and complain about mosquitoes. However, we must think what will happen. Reinstated flood plains—there are more of those as we are learning about water management and how to deal with floods—are there to protect downstream properties from flood damage. Mosquitoes are a by-product of that sort of water management. Will a farmer spray pesticide on the flood plain? If so, it may go into a watercourse. Given all the work that we have been doing to remove and reduce the amount of pesticides in drinking water, we are concerned that there may be a counter-productive situation in which somebody complains about mosquitoes, the water is sprayed and the level of pesticides in water gets worse instead of better.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

amendment

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clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.