Natural Environment and Rural Communities Bill

My Lords, I, too, wish to speak on this group of amendments. The noble Baroness, Lady Miller of Chilthorne Domer, has explained her amendment clearly. Linked to that are my Amendments Nos. 125 and 126, which stand in both our names, to which I shall speak. This Bill will, I hope, be an important part of countryside legislation for a number of years. I am sure we all share that view. It is quite possible that some time in the future someone may find a non-native species well established in some remote, undisturbed place. Judging by the comments being made now about American crayfish and mitten crabs, to which the noble Baroness referred earlier, it is conceivable that this new find could well be considered acclimatised and, in effect, to have gone native. The effects of climate change may well accelerate colonisation by invasive species, and it is conceivable that in coming decades, many flora and fauna will move house to the United Kingdom. Anchoring this clause to a specific date will strengthen it and make it relevant for many years to come. Turning to Amendment No. 126, this amendment has changed subtly since Committee. I would like to focus the amendment on the seed trade, something which was nearly not considered; I think everybody thought of animal trade or insect trade. It no longer reads"““the marketing, sale and introduction of wild bird species””." Instead, it simply reads,"““the marketing, sale and introduction of wild species””." I address the current problems of hybrids and cultivars, which are being traded in the seed trade without adequate description. A central problem is that the introduction of hybrids, cultivars and their derivatives poses a serious threat to biodiversity by eroding genetic diversity. The noble Baroness, Lady Farrington, explained that there are provisions in law to add hybrids to Schedule 9, as mentioned in paragraph (b) of the clause this amendment applies to. Yet I was disappointed by part of that response, in which the noble Baroness seemed to sideline a real issue. The noble Baroness said that any species could be added to Schedule 9, but added later:"““There is currently no prohibition under Section 14 of the 1981 Act from planting hybrids in the wild or from causing them to be grown there””.—[Official Report, 27/2/06; col. 60.]" In Committee, the noble Baroness, Lady Miller of Chilthorne Domer, asked a series of questions about how EU and UK regulations coincide. The noble Baroness asked if the same rules applied across the whole of Europe, or simply to the UK. Having checked the Defra website on plant breeders’ rights, under its ““Plant varieties and seeds”” section I found the following, rather confusing information:"““The UK, however, allows UK Plant Breeders’ Rights to be suspended whilst Community Plant Variety rights are exercised, which allows UK rights to be re-invoked if Community Plant Variety rights are terminated””." The noble Baroness, Lady Farrington, said that she would write to the noble Baroness, Lady Miller, on that question, but unfortunately I was not quite sure of the outcome of that. I ask the Minister if she is able to give any firm indication as to when provisions will be made to tackle invasive plant species. The amendment would not—as the noble Baroness, Lady Farrington, stated in Committee—restrict the code of practice; rather it would widen the criteria. The clause presently states that the Secretary of State,"““may issue a code of practice relating to””," the following criteria. The list of those criteria, therefore, is not exclusive, but suggestive. This amendment would be an effective way to start tackling the problem of invasive plant species.