HL Deb 15 July 1986 vol 478 cc789-90
Baroness Nicol

My Lords, I beg leave to ask the Question standing in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government when the provisions of the Food and Environmental Protection Act 1985 are to be extended to cover marine anti-fouling treatments and whether the list of such treatments will include all organotin anti-fouling paints including those not currently listed under the control of anti-fouling paint regulations.

The Minister of State, Ministry of Agriculture, Fisheries and Food (Lord Belstead)

My Lords, we have laid draft regulations on the control of pesticides for approval by the House. They provide that controls over marine anti-fouling paints will come into force on 1st July 1987. The coverage of these controls would extend to all anti-fouling paints applied to vessels and structures below the waterline.

Baroness Nicol

My Lords, I thank the Minister for that reply. Does he mean that all anti-fouling paints which contain even small amounts of organotin will be included? Is he aware that this substance accumulates in the food chain and is causing a number of bird deaths—and they are birds protected under the Berne Convention? Is in fact the whole range of anti-fouling paints included, or just a specified few?

Lord Belstead

My Lords, it will include all anti-fouling paints. The form of control will depend on the nature of the anti-fouling concerned and its intended use.

The Earl of Radnor

My Lords, now that the regulations are to be made under food and environment Acts rather than the pollution Act, as he originally suggested to me when I first raised this question, can my noble friend say whether there is any danger to human beings through the food chain? Is that the inference we should draw from the change from one Act to another?

Lord Belstead

My Lords, the reason for the control of anti-fouling paints is that comparative field trials, and indeed other tests undertaken, have shown that these paints undoubtedly have a severe effect on shellfish around the coasts.

Lord Shackleton

My Lords, may I ask the noble Lord when he looks at the regulations to make sure that they are satisfactorily comprehensive? Is he aware that a number of oceanographic stations—I believe Bangor, Plymouth, and probably others—have been concerned about this? I have the impression that there may be new products of a kind which may not be covered, though we are grateful for the noble Lord's assurance that they will be dealt with.

Lord Belstead

My Lords, new paints would of course have to be cleared under the regulations. Indeed, our procedures here would be in line with, but no more onerous than, the European Community's directive on the notification of new substances. The regulations will be subject to debate in your Lordships' House before the House rises for the Recess and are subject to the affirmative procedure.

Lord Harmar-Nicholls

My Lords, will the regulations be applicable to vessels owned by nationals other than British nationals? One can understand that policing can be carried out in regard to boats that are berthed in this country, but what will be the position regarding foreign owners of boats?

Lord Belstead

My Lords, if the boat is painted in this country, it will be subject to the regulations; but my noble friend asks a good question because we have no controls which apply to vessels which are painted abroad and which then enter United Kingdom waters. We have, however, kept the Commission of the European Communities informed of our initiative and have urged it to consider a Community-wide system of controls.

Lord Dean of Beswick

My Lords, in the light of the questions that have already been asked today, may I ask the Minister whether he has had any discussions with the small boat manufacturers in this country regarding this matter? It could have serious consequences for them in terms of employment.

Lord Belstead

My Lords, there have of course been discussions with the paint trade on this particular matter. That is why the controls are not due to come into force until 1st July 1987; that is to say, in a year's time.

Baroness Nicol

My Lords, is the Minister aware that his reply is disappointing in one respect? July is after the main boat-painting season, and that means in effect that we shall possibly have a further year of the wrong kind of paints being used.

Lord Belstead

My Lords, boats are repainted as the season progresses. I do not think that the controls will miss all the boat painting in 1987.

Lord Mackie of Benshie

My Lords, as an anti-fouling paint must automatically be bad for the marine life that it is meant to keep off the bottom of boats, is there one that can be applied which does the job and is not bad for other marine life?

Lord Belstead

A copper-based one, my Lords.

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