Ragwort

Department for Environment, Food and Rural Affairs written question – answered on 11th May 2016.

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Photo of Kerry McCarthy Kerry McCarthy Shadow Secretary of State for Environment, Food and Rural Affairs

To ask the Secretary of State for Environment, Food and Rural Affairs, whether her Department has withdrawn the Code of Practice on how to prevent the spread of ragwort; and what plans she has to consult with stakeholders and bring forward regulations under the Ragwort Control Act 2003.

Photo of George Eustice George Eustice The Minister of State, Department for Environment, Food and Rural Affairs

The Code of Practice on How to Prevent the Spread of Ragwort is not being withdrawn. The Code will remain available on the GOV.UK website and all interested parties will be consulted if any changes are made in the future.

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No4 people think not

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Annotations

Bill Ellson
Posted on 12 May 2016 6:50 pm (Report this annotation)

The webpage for the Code of Practice states, in large letters:
"This publication was withdrawn on 12 April 2016
This information is out of date and has been withdrawn."
https://www.gov.uk/government/publications/code-of-practice-...

Furthermore the question is perhaps misleading (whether as set out above, or as originally asked by Ms McCarthy: (Named Day Written question to: Environment, Food and Rural Affairs for answer on 09 May 2016 12:00 AM) "if she will confirm whether her Department has withdrawn the 'Code of Practice on how to prevent the spread of ragwort'; and if she intends to consult with stakeholders and bring forward regulations to revise the Code, as required under the 2003 Ragwort Control Act." (The Table Office changed the wording)

There are no powers nor requirements nor any provision for anybody to do, or not do, anything under the Ragwort Control Act 2003. (The 2003 Act)

The 2003 Act merely amends the Weeds Act 1959 (the 1959 Act) inserting what is now S.1A into the 1959 Act.
http://www.legislation.gov.uk/ukpga/Eliz2/7-8/54/section/1A
Said S.1A purports to allow the Minister to make a Code of Practice, but the Minister could have done so at any time without Parliamentary authority. (Section 1A does require that if the Minister does make a Code of Practice, then (s)he "must consult such persons as he considers appropriate." and (s)he "must lay a copy of the code before Parliament." and that the Minister "may revise the code" subject to consultation and laying before Parliament).