§ Lord NathanMy 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 whether they are satisfied that current regulations effectively protect neighbours from spray drifting from agricultural land and enable those believing their health or property has been adversely affected readily and speedily to obtain details of the chemicals sprayed.
§ The Parliamentary Under-Secretary of State, Ministry of Agriculture, Fisheries and Food (Baroness Trumpington)Yes, my Lords. We take the use of pesticides very seriously. That is why the Control of Pesticides Regulations were introduced in 1986.
§ Lord NathanMy Lords, I thank the Minister for that reply. Can she confirm that a draft code of practice for spraying exists and tell the House whether it is intended to have statutory force? If so, when will that draft code be submitted to Parliament and will it require those who are about to spray to notify neighbours so that precautions may be taken? Will those carrying out spraying have to keep records of the chemicals used? Does the Minister agree that since the regulatory authority in that matter is not the local environmental health department, the address of the regulatory authority might well be placed with the environmental health department, which is where members of the public will normally seek assistance and advice? Can the Minister also—
§ Baroness TrumpingtonMy Lords, we are working on two statutory codes of practice. The first of those codes is for users in farming and horticulture and the second concerns the storage of pesticides. We consider that it is important to get the advice right before presenting a text for approval. The storage code is well advanced. It may be possible to present that code to Parliament before the end of the year. We should like to see the next draft of the user code tried in practice before considering further comments.
As regards the obligations of operators, Condition 2 of Consent 2 (Use) made under the Control of Pesticides Regulations 1986 requires all users of pesticides to take all reasonable precautions to protect the health of human beings, creatures and plants, to safeguard the environment and, in particular, to avoid the pollution of water. I think that that will do for this tranche.
§ Lord Boyd-CarpenterMy Lords, can my noble friend add to that compendious list and answer this simple question? Is an obligation included to give notice to owners of adjoining property, particularly in the case of aerial crop spraying?
§ Baroness TrumpingtonMy Lords, in addition to their general obligations, aerial operators are required to confine the application of pesticides to the land intended to be treated. In addition, there is an obligation to inform the local police station and chief environmental health officer for the district of the intention to spray. Aerial operators must give 24 hours' prior notification to neighbours who are within 75 feet of the boundary of the land which is to be sprayed; such notification should include the name of the pesticide to be used.
§ Lord John-MackieMy Lords, is the Minister aware that some of the advice given is not very practical? Advice is given to spray on a very still day. On a still day, the spray will drift. It is much better to spray in a mild breeze blowing away from danger areas or areas likely to be affected. I have found that to be a successful practice. A country person sprays his own land and not somebody else's.
As regards the point made about somebody who—I use the word carefully—thinks he has been affected by spray, all the information to deal with that is on the package. I am sure that no farmer would fail to give information to anybody who thinks he has been affected by a spray.
§ Baroness TrumpingtonMy Lords, on the first point I said that the draft code was still being worked out and that those who wish to use it are already trying out the various measures and reporting back. I think that the point which the noble Lord has made is very relevant.
Regarding the noble Lord's point concerning labels— I cannot remember what the noble Lord said.
§ Lord John-MackieMy Lords, I said that I do not think that any farmer would refuse to give the information appearing on the label of the package to someone who thought that he had been affected.
§ Baroness TrumpingtonMy Lords, I am grateful. The point I wished to make was that some farmers contract out their land and may not be aware of what contractors use. In any case, the HSE is empowered to obtain that information. That was not in my brief but I knew the answer.
§ Lord Cledwyn of PenrhosMy Lords, as always, the noble Baroness has been as helpful as she can be. Is it not the case that members of the public may still be in the dark about what they should do, apart from or in addition to consulting a solicitor, if they feel that damage is being caused by such sprays? To whom should they go to lodge a complaint? Should they go to the local authority? Do the public generally know to whom they can make a proper complaint?
§ Baroness TrumpingtonMy Lords, in answering the noble Lord, Lord Cledwyn, I believe that I am also answering a point made by the noble Lord, Lord Nathan. Complaints affecting human health arising from the use of pesticides on farms or holdings should be referred to the local office of the Health and Safety Executive's agricultural inspectorate which is listed in local telephone books. There are well-tried liaison arrangements between local authorities and the HSE. Anyone reporting an incident to the local authority will be directed to the appropriate investigating body.