§ Baroness Byfordasked Her Majesty's Government:
How many criminal offences have been created in Acts and regulations sponsored by the Department for Environment, Food and Rural Affairs since its inception. [HL2533]
§ The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Whitty)Defra came into being on 8 June 2001. Since that date over 400 statutory instruments and four Acts emanating from the department have come into force.
A comprehensive and exhaustive list of new criminal offences and the number created is not readily available but I will write to the noble Baroness shortly and place a copy of the letter in the Library of the House.
Some new offences have been created. Some offences have been repealed and re-enacted. Most of the offences relate to breach of the regulations or obstruction of officers enforcing the regulations. Many of the regulations, examples of which I set out below, were necessary precautionary legislative responses to potentially devastating outbreaks of new animal or plant diseases outside England and Wales or outside the European Union.
These examples of offences, which reflect the range of Defra's responsibilities, have all come into force since 8 June 2001:
Statutory Instruments dealing with animal and human health
The Processed Animal Protein (England) Regulations 2001 SI No 2376 restricted the feeding of processed animal protein to farm animals.
The TSE Regulations 2002 SI No 843 provided for administration and enforcement of measures to deal with transmissible spongiform encephalopathies ("scrapie") in all susceptible animals.
132WAThe Products of Animal Origin (Third Country Imports) (England) Order 2002 SI No 1227 restricted the importation of products of animal origin.
The Bluetongue Order 2003 SI No 130 extended the definition of "disease" in the Animal Health Act 1981 to include bluetongue and applied the offence provisions of the 1981 Act to the disease.
The Diseases of Poultry (England) Order 2003 SI No 1078 created and consolidated measures to deal with various poultry diseases including avian influenza.
Statutory Instruments dealing with plant health
The Plant Health (Phytophera ramorum) (England) Order 2002 SI No 1299 implemented measures to deal with the fungus ("sudden oak death") named in the Order.
The Potatoes Originating in Egypt (England) Regulation 2004 SI No 1165 implemented measures to deal with a potato disease (Ralstonia Solanacearum (Smith)) currently endemic in parts of Egypt.
Statutory Instruments dealing with environmental protection
The Controls on Pentabromodiphenyl Ether and Octabromodiphenyl Ether 2004 SI No 371 imposed restrictions on the marketing and use of these flame retardants which are dangerous substances in certain concentrations.
Statutory Instruments dealing with Health and Safety
The Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003 SI No 1082 imposed restrictions on the importation of this fertiliser which is a potentially explosive substance in certain concentrations.
Statutory Instruments dealing with the Common Fisheries Policy
The Sea Fisheries (Restrictions on Days at Sea) Order 2003 SI No 229 restricted the number of days a vessel can spend at sea in order to preserve Community fishing stocks.
Acts
The Animal Health 2002 Act (c. 42) created the offence of deliberately infecting an animal with any of 15 specified diseases including foot and mouth.
In relation to a limited range of people (occupiers of premises, persons in charge of animals on the premises or persons under the direction of the occupiers or persons in charge of animals), where specified animal diseases are suspected it also created the offences of
- failing to assist veterinary inspectors exercising the power to treat the animals or to take samples and
- obstructing or failing to assist veterinary inspectors exercising the power to enter the premises to assess the need for, or to carry out, the slaughter of animals on the premises.