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11.50 pm

The Parliamentary Under-Secretary of State for the Environment, Transport and the Regions (Mr. Chris Mullin): My hon. Friend the Member for Croydon, Central (Mr. Davies) has raised an important issue. As he says, we debated it during the Committee stage of the Countryside and Rights of Way Bill. I said then that the Government were happy to consider, although without commitment, the question of a form of statutory underpinning for the biodiversity action plan process on local wildlife sites. No doubt we shall return to the subject later this week, when the Bill is debated on Report. In the meantime, it may be helpful for me to remind the House of a number of aspects of the biodiversity process, some of which my hon. Friend has mentioned.

Through an enormous effort of co-ordination, led by the United Kingdom biodiversity group--a partnership involving Government Departments and devolved administrations, local government, conservation and land management organisations, business interests and nature conservation agencies--we now have, as my hon. Friend said, 391 species action plans and 45 habitat action plans. That is part of our commitment to implement the United Nations convention on biological diversity, to which the United Kingdom is a signatory.

The priority species and habitats selected for attention are those which are most at risk of disappearance or decline. Each plan identifies the current threats, and specifies the action to be taken and the agencies--public, private and voluntary--that will take it. Specific time-limited targets are also set.

I am pleased to say that there is a special plan for the water vole, in which my hon. Friend takes a particular interest. The organisations taking the lead in implementing the action plans have just completed a comprehensive reporting exercise that indicates progress so far, and the obstacles that remain. Although we still need to complete analysis of all the data, it is interesting to note that the water vole action plan suggests a continued loss of populations, but has also found previously unrecorded sites. Although populations are still

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declining and will take some years to recover, the overall rate of decline may not be as severe as was first thought. We cannot drop our guard, but progress is being made.

My hon. Friend said that resources were a problem. Resources are always a problem in almost any area one cares to name, but implementation of the biodiversity action plan has been a priority for my Department's funding of English Nature. We have given it additional grant of more than £11 million over two years, of which about £3.3 million was to be directed specifically towards implementation of the biodiversity action plan. Some of that is given in grants to voluntary bodies which, as I have said, are significant partners in the process. Because many of the plans will be implemented through agri- environment schemes, the additional £1 billion over seven years announced by my right hon. Friend the Minister of Agriculture, Fisheries and Food at the end of last year, which will be directed to such schemes, will give an enormous boost to the biodiversity process. The application of the schemes is being increasingly targeted towards biodiversity priorities.

I cannot comment directly on the situation in Wales, to which my hon. Friend has referred, as the funding of the Countryside Council for Wales is a matter for the National Assembly. However, I understand that the council is taking action on all those species and habitat action plans on which it is identified as a lead partner and which are particularly important in Wales. That is a pattern similar to English Nature's priorities. There have also been increases in tir gofal, the Assembly's agri-environment initiative.

I assure hon. Members that, throughout, Government, Departments have agreed to focus on biodiversity through the adoption of a biodiversity checklist. That is a means by which Departments will consider the implications for biodiversity and for the management of their own estates of their policies and programmes, and report annually in the green Ministers' report.

Local government plays an important part. We are keen to see local biodiversity action plans extended throughout the whole of England. At present, they cover only about half the country's area and are patchy in their quality and reach. We will in many cases rely on those action plans to help us to deliver national targets. More effort is needed for two-way communication between the players at national and local levels.

The question posed by my hon. Friend is whether any of that would be better or more effective if statutory bodies were under a legal obligation to deliver. That is what the Government are considering in the context of amendments that have been tabled to the Countryside and Rights of Way Bill. In deciding the way forward, my right hon. Friend the Minister for the Environment and I certainly do not want to put at risk the successful voluntary partnerships that have already grown up around the biodiversity process.

My hon. Friend mentions the question of placing a duty on local authorities to adopt and to maintain a system of local wildlife sites. Again, we have undertaken to consider that in the context of amendments that have been tabled to the Bill. I am well aware of the importance of local wildlife sites which are not SSSIs. Local authorities already have statutory powers to establish local nature

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reserves and to collaborate closely with the wildlife trusts to identify and to help to manage other sites of local conservation importance.

That is why my Department set up a local sites review group with a broad range of representatives from central and local government, statutory agencies, sectoral interests and voluntary conservation organisations. The group considered the identification, protection and management of local sites. There was no clear consensus on the issue of a statutory basis for local wildlife sites, but there was a large degree of consensus on many other issues--for example, a clear framework for the identification of sites, associated support and advice and funding.

I want to put the debate in the context of the enormous wildlife conservation measures that the Countryside and Rights of Way Bill already promotes and which have been widely welcomed. As my hon. Friend is aware, the Government have given priority in the Bill to providing for better protection and management of SSSIs--some of our finest and most precious areas for wildlife.

Four thousand or so of those sites have been designated by English Nature. It comes as no surprise that the majority of the biological SSSIs contain habitats identified as priorities under the biodiversity action plan. However, the conservation status of those sites needs improving. Part III of the Bill builds on existing provisions of the Wildlife and Countryside Act 1981, introducing a number of fundamentally new and enhanced measures.

Most significant is the fact that the agencies will be able to refuse consent for damaging operations. They will be able to deal with the more significant problems arising from neglect and poor management through improvements to their powers of entry to land and compulsory purchase. Increased penalties for damage and a new offence of intentional or reckless damage by other persons should send a clear message that damage to those precious sites is wholly unacceptable. Public bodies should lead by example. They will therefore, for the first time, be under a specific duty to further the conservation and enhancement of SSSIs.

A revision of planning policy guidance note 9, on nature conservation, will complement the strengthened regime in the Bill's provisions and deal with biodiversity in the wider countryside. Current legislation protecting threatened species wherever they exist is strong and has done much to further their conservation. However, it can make a real difference only if the laws are effectively enforced, and if the penalties for breaking the law are meaningful and provide a deterrent.

Wildlife crime is lucrative and increasingly well organised. Hence the Bill introduces tougher penalties for wildlife offences, including the option of a prison sentence of up to six months for such offences. We are also increasing fine levels, so that criminals could be looking not only at a jail sentence, but, on top of that, a fine of up to £5,000. My hon. Friend will be aware of all that because, like me, he served in Committee on the Bill.

Mr. Davies: Will my hon. Friend consider sympathetically the idea that the Bill should enable the prosecution not only of companies, but of directors who cause damage on those sites? Will the Government also

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consider allowing actions to be brought not only through the Crown Prosecution Service, but directly by individuals?

Mr. Mullin: I cannot immediately recall whether the House will be considering any amendments to that effect in the near future. However, if there are such amendments, I am sure that they will be given due consideration.

The Bill strengthens police powers in a number of ways, including powers to require samples to be taken from wildlife specimens for DNA analysis.

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Taken together, the actions clearly demonstrate the Government's determination to enhance the legal protection of wildlife in England and Wales. Whatever decision is made on whether to underpin biodiversity action plans in statute, I am sure that my hon. Friend will agree that the Government are taking quite significant action to ensure the future of our natural heritage.

Question put and agreed to.


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