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Tim Farron: To ask the Secretary of State for Environment, Food and Rural Affairs what steps water companies are required to take to ensure that pumping stations for the drainage of low-lying areas are protected against flooding. 
Jim Fitzpatrick: It is for individual water and sewerage companies to decide how best to protect their infrastructure from the effects of flooding. Companies have a duty to provide safe and secure water and sewerage services to their customers.
Jim Fitzpatrick: We are working closely with the Department of Health and the Food Standards Agency on the development of the Healthier Food Mark, an award scheme for public sector catering services offering healthier and more sustainable food. Criteria on sustainable seafood are included at all three levels of the scheme, which is currently being tested in a pre-consultation pilot.
Tim Farron: To ask the Secretary of State for Environment, Food and Rural Affairs what estimate he has made of the number of farmers in the English uplands required to maintain adequate land management capacity. 
The 2007 June Survey data suggest that the number of holdings in the English uplands (Severely Disadvantaged Areas) has increased by approximately 3,000 since 2000. This increase has largely been driven by an increase in small (less than 10 hectares)
holdings. There appears to be no change in the number of holdings greater than 10 hectares in size over the same period.
DEFRA recognises the vital role which upland farmers can play in delivering landscape and environmental benefits, and will, therefore, introduce the new Uplands Entry Level Scheme (Uplands ELS) in 2010. Uplands ELS will reward those upland farmers who deliver existing good practice, as well as encouraging positive change. Unlike the current Hill Farm Allowance scheme, Uplands ELS will be open to all farmers in the English uplands, provided they meet the rules.
Funding for DEFRA's farming and food research and development programme is allocated in line with the Department's strategic priorities and policy evidence requirements. DEFRA is currently
developing a new Evidence Investment Strategy which will inform priorities for future years.
Research investment in the farming and food area is within cross-cutting programmes, for example agriculture and climate change and sustainable farming systems, and these programmes include activity relevant to the horticulture sector.
Within these programmes, in the current financial year, DEFRA has committed approximately £4.5 million on research relevant to horticulture. £6.7 million was spent on similar work in the 2008-09 financial year.
Mr. Cawsey: To ask the Secretary of State for Environment, Food and Rural Affairs how many people were (a) proceeded against and (b) convicted of offences under the provisions of the (i) Badgers Act 1991, (ii) Deer Act 1991 and (iii) Wild Mammals Protection Act 1996 in 2007; and if he will make a statement. 
Jim Fitzpatrick: Information from the court proceedings database held by the Ministry of Justice showing the number of defendants proceeded against at magistrates courts and found guilty at all courts for offences under the Badgers Act 1911, Deer Act 1991 and Wild Mammals Protection Act 1996, in England and Wales in 2007 is given in the following table:
|Number of defendants proceeded against at magistrates courts and found guilty at all courts for selected offences,( 1,2) England and Wales 2007|
|Offence description||Statute||Proceeded against||Found guilty|
|(1)The statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences the principal offence is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. (2)Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. Source: Justice Statistics Analytical Services-Ministry of Justice. (Job ref: 573-09).|
Tim Farron: To ask the Secretary of State for Environment, Food and Rural Affairs how many farms there are in nitrate vulnerable zones in each region of England; and what the (a) size and (b) location is of each such farm. 
Jim Fitzpatrick: The partial impact assessment accompanying the August 2007 consultation on the implementation of the nitrates directive in England estimated the number of farms in the NVZ in each region of the UK on the basis of the 2005 agricultural census.
Jim Fitzpatrick: DEFRA is not responsible for issuing guidance on the construction or location of marinas and there have not been any recent discussions with British Waterways on this issue. Developers of new marinas must comply with the relevant planning requirements. Planning controls are a matter for the Department of Communities and Local Government.
Marinas are however an essential facility to support the use of the waterways network and its significant contribution to the wider visitor economy. Offline marinas prevent congestion along our historic waterways and so free up the navigation for leisure and commercial use. This is particularly important in the light of substantial growth in boat numbers over the past 10 years.
Mark Pritchard: To ask the Secretary of State for Environment, Food and Rural Affairs what criteria his Department uses to determine whether trading in animals as pets constitutes a business for the purposes of section 7(1) of the Pet Animals Act 1951. 
Jim Fitzpatrick: This Department does not use any criteria-it is the responsibility of the appropriate local authority to consider all the relevant factors relating to each individual case. Factors to be considered would include the number of animals being sold and the potential value of sales.
Mark Pritchard: To ask the Secretary of State for Environment, Food and Rural Affairs what definition his Department uses of too early an age for the purposes of regulating the sale of primates from the (a) cebus, (b) callithrix, (c) saimin and (d) saguinus species under the Pet Animals Act 1951; and what methodology his Department used to determine such ages. 
Jim Fitzpatrick: The Department does not define too early an age. When determining whether to grant a licence for a pet shop, local authorities must have regard to the need for ensuring that no mammal will be sold at too early an age. Local authorities should be making such decisions based on advice from professional people such as appropriate veterinary surgeons or other suitable experts.
Mark Pritchard: To ask the Secretary of State for Environment, Food and Rural Affairs with reference to the answer of 15 July 2009, Official Report, column 388W, on primates, what steps the Government is taking to end the trade in primates as pets. 
Miss McIntosh: To ask the Secretary of State for Environment, Food and Rural Affairs what (a) consultation he has undertaken and (b) representations he has received on the proposed transfer of drains and sewers to water and sewerage undertakers in England and Wales. 
Jim Fitzpatrick: In July 2003 DEFRA published the Review of Existing Private Sewers and Drains in England and Wales consultation paper that sought views on a range of strategic options to deal with the problems of private sewers. The Government published a response to this consultation in October 2004. 81 per cent. of stakeholders favoured a change of ownership, and of these, 90 per cent. held the view that sewerage undertakers should take over responsibility. DEFRA acknowledged the strength of support for this solution and undertook to look at it in more depth.
Subsequently, representatives of 50 stakeholder groups were invited to a private sewers seminar in January 2005. This included a workshop looking at the potential impacts on small businesses. DEFRA undertook a telephone survey of over 130 drainage contractors to identify the potential impacts of any transfer on them and also commissioned qualitative customer research to investigate customers' potential views on transfer to water and sewerage companies.
In February 2007 the Government published their decision paper and committed to consult on options for the implementation of transfer. A consultation paper on implementation options was published in July 2007 and The Secretary of State announced on 15 December 2008 the Government's decision to proceed with transfer from 2011.
Copies of the 2003 and 2007 consultation papers and the Government's 2004 response to the review were placed in the Library of the House on publication. A Summary of Responses to the 2007 Consultation on Implementation Options was published in March 2008 and is available from DEFRA. Further consultation on the content of regulations to implement transfer will be published this winter.
My right hon. Friend, the Secretary of State, has received representations from a range of interested stakeholders during the course of the Review. DEFRA continues to consult with key stakeholders through working groups and meetings in developing proposals for implementation.
Tim Farron: To ask the Secretary of State for Environment, Food and Rural Affairs what funding his Department has provided for the protection of the Herdwick indigenous sheep flock in each year since 1997. 
In 2001, DEFRA granted £10,000 to create the Heritage Gene Bank which was set up to preserve semen and embryos from breeds considered to be at risk due to the foot and mouth disease (FMD)
outbreak of the time. The Herdwick was one of the breeds considered to be at risk because the majority of its breeding population were in or near to areas heavily affected by FMD.
DEFRA recognises the need to have a long term view on managing the genetic health of our livestock breeding population and the need for a co-ordinated effort to support initiatives that will encourage the characterisation, conservation and utilisation of our livestock genetic resources-which includes rare, mainstream and heritage livestock breeds. The National Standing Committee on Farm Animal Genetic Resources is currently advising Ministers on implementing the UK's national action plan on farm animal genetic resources which was published in 2006.
In England, from next year, the use of hardy native sheep breeds will be one of the factors contributing points towards eligibility for payments under the new Uplands Entry Level Stewardship Scheme. Although not confined to Herdwicks, those with Herdwick sheep may be able to gain benefits under the scheme which will thereby provide indirect support for the breed.
Mr. Laurence Robertson: To ask the Secretary of State for Environment, Food and Rural Affairs how many waste treatment sites treat toxic waste; at what distance from the nearest residential building each such site is located; and if he will make a statement. 
The centrally available distance data in this list are derived from the system that the Environment Agency uses as part of the risk assessment it carries out before authorising permits for sites. The permitting system is intended to ensure that the waste operations it authorises are carried out in a way that protects human health and the environment. The distances are not limited to residential buildings and cover a far wider range of potential receptors such as commercial and industrial premises, playing fields and parks as well as housing.
Mr. Laurence Robertson: To ask the Secretary of State for Environment, Food and Rural Affairs what definition his Department uses of (a) toxic and (b) hazardous waste; and if he will make a statement. 
Dan Norris: Hazardous waste is defined by reference to the European Commission's definition of hazardous waste which is based on the list set out in EC Decision 2000/532/EC. Essentially hazardous waste displays one or more of the hazardous properties that are set out in EC legislation at above specified thresholds and which may cause harm to human health or the environment if not managed in an appropriately controlled manner.
Toxicity is one of the properties that may make a waste hazardous. Toxic substances and preparations are those which, if they are inhaled or ingested, or if they penetrate the skin, may involve serious acute or chronic health risks or even death.
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