My Lords, this group of government amendments addresses concerns expressed in Grand Committee and by stakeholders regarding the scope of these provisions and the definitions used in the new Schedule 9A. Concern was expressed that the scope of these provisions extended beyond non-native species to include eight native species that are listed in Part 1 of Schedule 9 to the existing Wildlife and Countryside Act 1981, as well as former native species such as the wolf, lynx, brown bear or beaver. There was also concern expressed around the definitions used in the new schedule, which would have categorised those eight native species and former native species as non-native.
In response to these concerns, we have decided to make a number of changes to clarify the scope and definitions. First, we are proposing to remove entirely from the scope of the new provisions the eight native species listed in Part 1 of Schedule 9 to the Wildlife and Countryside Act 1981. Although it was never our intention to use these provisions for these species, these changes will make this clear. Secondly, our proposed changes will clarify that former native species—species which were once present in this country but which are or have been absent for a period—should be categorised differently from non-native species for the purposes of these provisions. We are, therefore, making structural changes to the new schedule to make it clear that these species are distinct from non-native species.
Thirdly, we are limiting the scope of the provisions so that the powers could be applied to these former native species only when they have been reintroduced into the wild unlawfully, without the appropriate licence from Natural England or Natural Resources Wales. We recognise that in some circumstances reintroductions can be merited and desirable. Our amendments will mean that where these animals have been reintroduced lawfully following full consideration of their likely impacts by the licensing authority, those animals are out of scope of these powers.
To achieve these aims, we have had to table a number of government amendments. I hope that your Lordships recognise that these changes result from our desire to respond positively to issues raised during Grand Committee and by stakeholders. We have been working closely and constructively with stakeholders to refine the provisions.
I turn to the amendments themselves. The purpose of Amendment 56 is to remove references in the overview section of Schedule 9A that suggest that these measures relate only to invasive non-native species. This and later amendments clarify that these provisions extend to former natives where they have been unlawfully introduced. Amendment 57 clarifies in the overview section that these provisions apply to two distinct groups—invasive non-native species and former natives.
We are describing former natives in the schedule—I am using plain English but we are being very careful with the wording in the document—as,
“a species of animal that is no longer normally present in Great Britain”.
This is in response to stakeholder concerns that the term “former native” might send out an unhelpful signal about the status of native species that have been lost to Great Britain, particularly given international obligations requiring us to consider the reintroduction of these species.
Amendment 58 removes the current definition of “non-native” in the new schedule based on Section 14 of the Wildlife and Countryside Act 1981. It replaces it with one which clarifies that a non-native species is one whose natural range does not include Great Britain or such a species which is present here only having been introduced by human activity. This clarifies that former native species are not caught by this definition as their natural range includes Great Britain, even though they may have ceased to be normally present.
Amendment 61 provides the definition of a former native, which is a species either listed in Part 1B of Schedule 9 or whose natural range includes Great Britain, although the species has ceased to be ordinarily resident. Part 1B is a new part of Schedule 9 and will include reintroduced former natives now considered to be resident whose release into the wild still requires consideration and regulation. Only wild boar currently falls into this category, although it is possible that other species could be added to this list in the future, such as the European beaver.
Amendments 62, 63, 64 and 77 are consequential amendments. For simplicity, the new schedule would now refer to “species” rather than copying out the definitions of the two categories of species—non-native and former native.
Amendments 65 and 67 clarify that species control agreements and orders can be entered into where an environmental authority considers that either an invasive non-native species or an unlawfully released former native is present on the premises. As currently drafted, the schedule refers only to invasive non-native species.
Amendments 66 and 71 limit the making of an agreement or order in relation to former native animals to those which are present on premises without the appropriate licence from Natural England or Natural Resources Wales. This means that, where former natives have been reintroduced lawfully following full consideration of their likely impacts by the licensing authority, those animals are out of scope of these powers.
These amendments also introduce an additional requirement that the environmental authority must satisfy before seeking to enter into an agreement or order in relation to former natives. This is that the environmental authority must be satisfied that there is no appropriate alternative way of addressing the adverse impact from the animals. This will provide an additional check on the use of these powers in regard to this category of species.
Amendment 84 separates Part 1 of Schedule 9 into three distinct categories of species—native, former native and non-native. This allows us to remove all native species entirely from these provisions and ensures that they may be applied to former natives only where they are present on premises without the necessary licence. Section 14 of the 1981 Act will continue to apply to all these species and therefore a licence will still be required for their release into the wild.
Amendment 86 serves two purposes. First, it makes consequential changes to the Wildlife and Countryside Act 1981 by amending Sections 14 and 22 so that they both now additionally refer to the new Parts 1A and 1B of Schedule 9. Secondly, Amendment 86 addresses an anomaly in the titles to the already existing Sections 14ZA and 14ZB of the 1981 Act, which deal with the ban on the sale of certain species and codes of practice respectively. Both titles currently refer only to “invasive non-native species”, but technically the scope of both sections already extends beyond this category of species to both former natives and those native species on Schedule 9. The changes that we propose to the titles clarify this point.
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