Natural Environment and Rural Communities Bill

If we were wrong about Amendment No. 192 I apologise to the noble Baroness. Certainly, I am slightly taken by surprise by a Clause 12 stand part debate, but the noble Baroness is absolutely entitled. Let me do my best with my surprise to answer what she said. The clause provides certainty and removes any ambiguity in existing legislation where English Nature and the Countryside Agency’s prosecution powers across their enforcement duties—for example, in relation to by-laws—are not clearly expressed in legislation. I want to make it clear that there is no intention for Natural England to become a wider enforcement body than the three existing bodies that will make up Natural England. By way of example, Natural England will be working with landowners and occupiers to encourage them to enter long-term agri-environment agreements that will help to protect and conserve our natural environment. Breach of such agreements will primarily result in administrative penalties by way of reduction or loss of all annual payments. However, where there are serious breaches of legislation, we believe it is useful for Natural England to be able to bring such cases to the criminal courts. It is implicit that Natural England will be able to prosecute only in areas within its general purposes, as set out in Clause 2. Will it have more powers of enforcement? There is no intention for Natural England to become a wider enforcement body. The reason for mentioning the power in the Bill at all is simply to clarify the position. Although the Schedule 5 substantive alterations to wildlife inspector powers within the enforcement provisions in the Wildlife and Countryside Act and the protection of badgers, deer, and seals Acts will in many instances involve entry and inspection by Natural England inspectors—I have no doubt that we will debate that in due course—there is no present intention to expand the number of wildlife inspectors above those currently employed by our regional development service. The additional powers of entry will primarily assist Natural England with the necessary routine checking of wildlife licence compliance. Criminal proceedings are used only as a last resort or where there has been a blatant abuse of wildlife legislation. Where an offence is suspected to have been committed and further evidence is required to be taken with a view to possible prosecution, a Natural England inspector will normally expect to call on the assistance of special Defra-trained investigators experienced in collecting evidence for the purposes of criminal proceedings. Such Defra investigators may be authorised as wildlife inspectors for the sole purpose of investigating a suspected offence. Will Natural England be seen as having a similar enforcement role to the Environment Agency? The simple answer is no. The noble Baroness asked about non-legally qualified persons pursuing criminal actions. I must tell her that it is not yet decided whether legally qualified persons will be employed by Natural England but, in any event, where a case is taken in the name of Natural England, it can still bring the case using outside prosecutors. I stress that there is no intention for Natural England to become a wider enforcement body. I hope that that goes some way to answering the questions raised by the noble Baroness.