DOCSLIB.ORG

Implementation of the Nitrates Directive in England

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Implementation of the Nitrates Directive in England House of Commons Environment, Food and Rural Affairs Committee Implementation of the Nitrates Directive in England Seventh Report of Session 2007–08 Report, together with formal minutes, oral and written evidence Ordered by The House of Commons to be printed 22 May 2008 HC 412 Published on 10 June 2008 by authority of the House of Commons London: The Stationery Office Limited £0.00 Environment, Food and Rural Affairs Committee The Environment, Food and Rural Affairs Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Department for Environment, Food and Rural Affairs and its associated bodies. Current membership Mr Michael Jack (Conservative, Fylde) (Chairman) Mr Geoffrey Cox (Conservative, Torridge & West Devon) Mr David Drew (Labour, Stroud) Mr James Gray (Conservative, North Wiltshire) Patrick Hall (Labour, Bedford) Lynne Jones (Labour, Birmingham, Selly Oak) David Lepper (Labour, Brighton Pavilion) Miss Anne McIntosh (Conservative, Vale of York) Mr Dan Rogerson (Liberal Democrat, North Cornwall) Sir Peter Soulsby (Labour, Leicester South) Dr Gavin Strang (Labour, Edinburgh East) David Taylor (Labour, North West Leicestershire) Paddy Tipping (Labour, Sherwood) Mr Roger Williams (Liberal Democrat, Brecon & Radnorshire) Daniel Kawczynski (Conservative, Shrewsbury & Atcham), was a Member of the Committee during this inquiry. Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No. 152. These are available on the Internet via www.parliament.uk. Publications The reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at www.parliament.uk/efracom Committee staff The current staff of the Committee are Chris Stanton (Clerk), Nerys Welfoot (Second Clerk), Sarah Coe (Committee Specialist—Environment), Marek Kubala and Joanna Dodd (Inquiry Managers), Andy Boyd and John-Paul Flaherty (Committee Assistants) and Mandy Sullivan (Secretary). Contacts All correspondence should be addressed to the Clerk of the Environment, Food and Rural Affairs Committee, House of Commons, 7 Millbank, London SW1P 3JA. The telephone number for general enquiries is 020 7219 5774; the Committee’s e-mail address is: [email protected]. Media inquiries should be addressed to Laura Kibby on 020 7219 0718. Implementation of the Nitrates Directive in England 1 Contents Report Page Contents 1 Summary 3 1 Introduction 5 2 Background 7 The purpose of the Nitrates Directive 7 The terms of the Nitrates Directive 7 Nitrate Vulnerable Zones 7 Action Programmes 8 The initial implementation of the Nitrates Directive in England 9 The terms of the 1998 Action Programme 10 European Commission legal action 10 Trends in nitrate levels in surface and ground waters 12 3 Defra’s proposals 15 Defra’s consultation and the implementation timetable 15 The extent of NVZ coverage 15 The proposed new Action Programme 18 Limiting the amount of nitrogen applied to the land 18 Controlling where and how nitrogen is applied 20 Cover crops 21 Controlling when nitrogen is applied 23 Provisions for the storage of livestock manure 25 Anaerobic digestion 27 Financial support and advice 29 Record keeping 30 4 Conclusion 32 Conclusions and recommendations 33 Formal Minutes 37 Witnesses 38 List of written evidence 38 List of Reports from the Committee during the current Parliament 39 Implementation of the Nitrates Directive in England 3 Summary The implementation of the Nitrates Directive in England might appear to be a technical and specialist subject, but its importance to the 195,500 farmers who could be affected, and its wider significance in terms of the water quality that we all enjoy, are considerable. The Directive was adopted in 1991 to reduce water pollution caused by nitrates from agricultural sources. It requires member states to designate as Nitrate Vulnerable Zones (NVZs) areas of land that drain into polluted waters and to set up Action Programme in these zones. The European Commission is still not satisfied with the Department for Environment, Food and Rural Affairs’ (Defra’s) implementation of the Directive. The Directive is flawed. Unlike more recent legislation, such as the Water Framework Directive, it imposes prescriptive rules to achieve its aim. Moreover, the scientific basis for some of the figures mentioned in the Directive is at best unclear. However, despite its shortcomings, it appears to be here to stay and Defra must convince the Commission that it is complying with the Directive’s terms, especially as other member states have managed to do so. In the summer of 2007, Defra launched a consultation on the Nitrates Directive and proposed a number of changes. We conclude that there is insufficient evidence to asses how effective the current Action Programme in England has been in reducing nitrate pollution. However, in the light of the Commission’s legal action against Defra, we agree that changes need to be made to bring England into compliance with the Directive. Some of Defra’s proposals are welcome and sensible. Others, such as those relating to the storage of manure, need further refinement. The proposal to require farmers to sow cover crops on land that would otherwise be left bare over winter should be dropped from the Action Programme altogether. Cover crops are not required under the Directive, would have a negative impact on biodiversity, and are not suitable for all soil types. The proposed new Action Programme will place a considerable financial burden on livestock and dairy farmers at a time when they are ill-equipped to meet these costs. The Report recommends that Defra should make representations to the Treasury on the need for support in the form of tax relief for the construction of slurry storage facilities. Implementation of the Nitrates Directive in England 5 1 Introduction 1. In a Westminster Hall debate on 8 January 2008, the Minister for the Environment, Mr Phil Woolas MP, told the House that he was receiving more letters on the Nitrates Directive than on any other matter in his portfolio “including international climate change”.1 The implementation of the Nitrates Directive in England might at first glance seem like a specialist subject, but its importance to the 195,500 farmers who could be affected, and its wider significance in terms of the water quality that we all enjoy, are considerable.2 2. With this in mind, the Committee decided to inquire into the changes proposed by the Department for Environment, Food and Rural Affairs (Defra) in its consultation document of August 2007 on the Nitrates Directive. Defra’s proposed changes reflect the fact that the European Commission does not believe that the Directive was properly implemented in the first place. The proposals would have a significant impact on farmers in the affected zones, requiring them to alter practices for storing and spreading livestock manure and for applying chemical fertiliser. The financial outlay would be considerable. Against this there is the necessity of complying with the terms of the Directive and the understandable desire to keep nitrate levels in surface and ground waters to a safe level. Our terms of reference were framed to cover the key issues raised by Defra’s proposals. Terms of reference for the Committee’s inquiry a) Has Defra’s implementation of the 1991 Directive been adequate? b) How have levels of nitrate pollution changed since the Directive came into effect c) How effective has the current Action Programme been in reducing nitrate pollution? d) Defra says that the area designated as Nitrate Vulnerable Zones needs to increase from 55% to 70% of England: is it right? e) Whether the proposed Nitrates Action Programme measures should apply throughout the whole of England, rather than only on land designated as Nitrate Vulnerable Zones. f) What should be the timetable for introducing any changes in the way the Nitrates Directive is implemented? g) What are the costs and benefits of Defra’s individual key proposals for the revised Action Programme, namely: • Whole farm manure nitrogen loading limit • Closed period (organic manures) • Manure storage • Closed period (manufactured nitrogen fertilisers) • Crop nitrogen requirement limit • Spreading locations • Spreading techniques • Record keeping • Cover crops h) What advice and support farmers will need from Defra to implement a revised Action Programme. i) How can Defra encourage greater adoption of anaerobic digestion as a way of managing manure? j) How the proposed new Nitrates Action Programme is affecting those with existing Entry Level Stewardship agreements in existing Nitrate Vulnerable Zones. 3. On 18 December 2007, we issued an invitation to submit written evidence. We received submissions from 16 organisations and individuals, spanning both agricultural and 1 HC Deb, 8 January 2008, col 45WH 2 HC Deb, 17 December 2007, col 988W 6 Implementation of the Nitrates Directive in England environmental interests. There were some points of contention between the different submissions, but, interestingly, opinion was not always split along agricultural and environmental lines, and, on the key issues, it was usually possible to detect a majority view, if not a consensus. On 5 March 2008, we held an oral evidence session with the National Farmers’ Union (NFU) and the Minister at which we were able to explore in greater depth the
Load more

Recommended publications
  • Brief Amicus Curiae of the Senate of the United Mexican States, Et
    No. 08-987 IN THE RUBEN CAMPA, RENE GONZALEZ, ANTONIO GUERRERO, GERARDO HERNANDEZ, AND LUIS MEDINA, Petitioners, v. UNITED STATES OF AMERICA, Respondent. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit BRIEF IN SUPPORT OF PETITION FOR A WRIT OF CERTIORARI ON BEHALF OF THE SENATE OF THE UNITED MEXICAN STATES, THE NATIONAL ASSEMBLY OF PANAMA, MARY ROBINSON (UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS, 1997- 2002; PRESIDENT OF IRELAND, 1992-1997) AND LEGISLATORS FROM THE EUROPEAN PARLIAMENT AND THE COUNTRIES OF BRAZIL, BELGIUM, CHILE, GERMANY, IRELAND, JAPAN, MEXICO, SCOTLAND AND THE UNITED KINGDOM ______________ Michael Avery Counsel of Record Suffolk Law School 120 Tremont Street Boston, MA 02108 617-573-8551 ii AMICI CURIAE The Senate of the United Mexican States The National Assembly of Panama Mary Robinson (United Nations High Commissioner for Human Rights, 1997-2002; President of Ireland, 1992-1997) Legislators from the European Parliament Josep Borrell Fontelles, former President Enrique Barón Crespo, former President Miguel Ángel Martínez, Vice-President Rodi Kratsa-Tsagaropoulou, Vice-President Luisa Morgantini, Vice-President Mia De Vits, Quaestor Jo Leinen, Chair of the Committee on Constitutional Affairs Richard Howitt, Vice-Chair of the Subcommittee on Human Rights Guisto Catania, Vice-Chair of the Committee on Civil Liberties, Justice and Home Affairs Willy Meyer Pleite, Vice-Chair of the Delegation to the Euro-Latin American Parliamentary Assembly Edite Estrela, Vice-Chair
    [Show full text]
  • House of Commons Accommodation
    House of Commons Administration Committee House of Commons Accommodation Third Report of Session 2005–06 HC 1279 House of Commons Administration Committee House of Commons Accommodation Third Report of Session 2005–06 Report, together with formal minutes, oral and written evidence Ordered by The House of Commons to be printed 27 June 2006 HC 1279 Published on 6 July 2006 by authority of the House of Commons London: The Stationery Office Limited £0.00 The Administration Committee The Administration Committee is appointed by the House of Commons to consider the services provided for and by the House and to make recommendations thereon to the House of Commons Commission or to the Speaker. Current membership Mr Frank Doran MP (Labour, Aberdeen North) (Chairman) Mr Bob Ainsworth MP (Labour, Coventry North East) Janet Anderson MP (Labour, Rossendale & Darwen) Derek Conway MP (Conservative, Old Bexley & Sidcup) Frank Dobson MP (Labour, Holborn & St Pancras) Mr Brian H Donohoe MP (Labour, Central Ayrshire) Mr Neil Gerrard MP (Labour, Walthamstow) Mr Mark Harper MP (Conservative, Forest of Dean) Helen Jones MP (Labour, Warrington North) Mr Kevan Jones MP (Labour, Durham North) Mr Greg Knight MP (Conservative, Yorkshire East) David Lepper MP (Labour/Co-operative, Brighton Pavilion) Mr Andrew Robathan MP (Conservative, Blaby) John Thurso MP (Liberal Democrat, Caithness, Sutherland & Easter Ross) Pete Wishart MP (Scottish National, Perth & North Perthshire) The following were also Members of the Committee during the inquiry: Peter Luff MP (Conservative, Mid Worcestershire) The late Mr Eric Forth MP (Conservative, Bromley & Chiselhurst) Powers The powers of the committee are set out in House of Commons Standing Orders, principally in SO No 139.
    [Show full text]
  • The Pensioner Journal of Brighton & Hove Pensioner Action No
    1 Journal of the Brighton & Hove Pensioners’ Forum Journal of the Brighton & Hove Pensioners’ Forum 1 The Pensioner Journal of Brighton & Hove Pensioner Action No. 38, Spring 2011 Pensioner Action issue this Inside to launch soon! Since a vote in November to dissolve was passed by Pensioners’ Forum members, ‘Pensioner Action’ has formed and is getting to work for the benefit of all older people in the city! In December, Pensioners’ Forum members voted overwhelmingly to allow the organisation to dissolve and a October Spending merger with 60+ Action to proceed in what is a large step towards becoming a louder voice for local older people. Review Summary Pensioner Action The merged project, ‘Pensioner Action’ is now part of a of a larger organisation, Impetus, which works to empower local people; however the outputs and aims of both the Pensioners’ Forum and 60+ Action will be maintained, including ‘The Pensioner’ and the neighbourhood groups. Launch The steering group are still deciding finer details about committee appointment and representation, but major decisions around operation have now been made. Details will be given at a launch on Monday 28th February at Patching Lodge (see page 3 for details). 60+ Action Public Meetings Group News In addition, bi-monthly public meetings will be held at varying locations, focusing on topical issues. The first of these will be held on Monday 28th March, venue to be confirmed, 10.30 – 12.30pm with a discussion of the Council Budget. All are welcome to attend – please call Double issue us on 01273 229004 for venue details.
    [Show full text]
  • General Election Results, 7 June 2001
    RESEARCH PAPER 01/54 General Election results, [REVISED EDITION] 18 JUNE 2001 7 June 2001 This research paper summarises the results of the General Election held on 7 June 2001. Results are given nationally, by region, by county and for individual constituencies. In this revised edition of the paper the results are consistent with those produced by the Electoral Commission. The tables in this paper are derived from the Library’s election database which can be used to produce further analyses. Members requiring more information should contact the Social & General Statistics Section. Bryn Morgan SOCIAL & GENERAL STATISTICS SECTION HOUSE OF COMMONS LIBRARY Recent Library Research Papers include: 01/39 The International Criminal Court Bill [HL] [Bill 70 of 2000-2001] 29.03.01 01/40 The Election Publications Bill [HL] [Bill 41 of 2000-2001] 29.03.01 01/41 The Adoption Bill [Bill 16 of 2000-2001] 29.03.01 01/42 Economic Indicators 02.04.01 01/43 Parliamentary Pay and Allowances: current rates 03.04.01 01/44 The Elections Bill [Bill 80 of 2000-2001] 03.04.01 01/45 Unemployment by Constituency, March 2001 11.04.01 01/46 Taxation of Charities 12.04.01 01/47 Rural Rate Relief 30.04.01 01/48 Economic Indicators 01.05.01 01/49 The Treaty of Nice and the future of Europe debate 01.05.01 01/50 European Security and Defence Policy: Nice and beyond 02.05.01 01/51 The Burden of Taxation 10.05.01 01/52 Road fuel prices and taxation 11.05.01 01/53 Unemployment by Constituency, April 2001 16.05.01 Research Papers are available as PDF files: • to members of the general public on the Parliamentary web site, URL: http://www.parliament.uk • within Parliament to users of the Parliamentary Intranet, URL: http://hcl1.hclibrary.parliament.uk Library Research Papers are compiled for the benefit of Members of Parliament and their personal staff.
    [Show full text]
  • The Potential of England's Rural Economy
    House of Commons Environment, Food and Rural Affairs Committee The potential of England's rural economy Eleventh Report of Session 2007–08 Volume II Oral and written evidence Ordered by The House of Commons to be printed 22 October 2008 HC 544-II Published on 29 October 2008 by authority of the House of Commons London: The Stationery Office Limited £0.00 Environment, Food and Rural Affairs Committee The Environment, Food and Rural Affairs Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Department for Environment, Food and Rural Affairs and its associated bodies. Current membership Mr Michael Jack (Conservative, Fylde) (Chairman) Mr Geoffrey Cox (Conservative, Torridge & West Devon) Mr David Drew (Labour, Stroud) Mr James Gray (Conservative, North Wiltshire) Patrick Hall (Labour, Bedford) Lynne Jones (Labour, Birmingham, Selly Oak) David Lepper (Labour, Brighton Pavilion) Miss Anne McIntosh (Conservative, Vale of York) Mr Dan Rogerson (Liberal Democrat, North Cornwall) Sir Peter Soulsby (Labour, Leicester South) Dr Gavin Strang (Labour, Edinburgh East) David Taylor (Labour, North West Leicestershire) Paddy Tipping (Labour, Sherwood) Mr Roger Williams (Liberal Democrat, Brecon & Radnorshire) Daniel Kawczynski (Conservative, Shrewsbury & Atcham), Mrs Madeleine Moon (Labour Bridgend), Mr Jamie Reed (Labour, Copeland) and Mr Shailesh Vara (Conservative, North West Cambridgeshire) were Members of the Committee during this inquiry. Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No. 152. These are available on the Internet via www.parliament.uk. Publications The reports and evidence of the Committee are published by The Stationery Office by Order of the House.
    [Show full text]
  • Ticket to Ride
    Newspaper of the Brighton & Hove Green Party - Spring 2008 - 33rd Edition www.brightonandhovegreenparty,org.uk In this issue: Democracy in danger: how changes to local government may damage SHAME ON YOU! decision-making for ever page 2 Omar freed: Cllr Keith Taylor meets Greens share residents’ anger and dismay at post office closures the woman behind the Free Omar Campaign page 3 Greens are furious at the way in which under threat. have fatally undermined any such Do we need supermarkets? page 4 Brighton and Hove residents have Both Celia Barlow and David Lepper campaign at the last minute, and will been let down by their elected politi- promised that they would campaign have to live with the fact that they Brighton rock - Bill Randall meets cians. At the parliamentary vote on for the threatened post offices to be could have chosen to save these post Jack Hazelgrove page 5 post offices on 19th March, two of our kept open. It's useless for them to offices, but chose not to. When MPs local Labour MPs - Celia Barlow and pledge to campaign locally and then like David Lepper and Celia Barlow say David Lepper - voted with the go on to doom every other post office one thing locally while voting for Government in support of the national in the country. exactly the opposite at Westminster, Ticket to Ride post office closure programme - flying Caroline Lucas MEP, who will be do they think we won't notice their Do as I say, not do as I do seems to directly in the face of their promises standing for Brighton Pavilion at the hypocrisy?” be the message from the City Council's to campaign to keep open five post next General Election, said, “By voting Brighton and Hove Green Party have Tories.
    [Show full text]