Answers issued to Members on 8 October 2007
[R] signifies that the Member has declared an interest.
[W] signifies that the question was tabled in Welsh.
Contents
Questions to the Minister for Environment, Sustainability and Housing
Questions to the Minister for Environment, Sustainability and Housing
Darren Millar (Clwyd West): Have Forestry Commission Wales ever sought a licence to disturb red squirrels and/or to destroy their nests or other places used by them for shelter, prior to, or during, woodland operations being carried out within stands known to contain resident populations of red squirrels? (WAQ50427)
The Minister for Environment, Sustainability and Housing (Jane Davidson): The Welsh Assembly Government is committed to the conservation of the red squirrel. On sites known to contain resident populations of red squirrel, Forestry Commission Wales employs measures to safeguard these populations and avoid committing an offence which would otherwise require a licence for the woodland operations to proceed.
The red squirrel is a protected species by virtue of its inclusion in Schedule 5 of the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act (2000) (CROW Act)).
Section 9 of that Act states that:
'......if any person intentionally kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence’.
It also states that:
'…..if any person intentionally or recklessly damages or destroys, or obstructs access to, any structure or place which any wild animal included in Schedule 5 uses for shelter or protection, or disturbs any such animal while it is occupying a structure or place which it uses for that purpose he shall be guilty of an offence’.
However section 10 of the Act states that:
'.....a person shall not be guilty of an offence ….. if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided’.
It is our view that this exception will apply to ongoing forestry activities, provided that those activities are carried out lawfully and that the injury etc. to the wild animal could not reasonably have been avoided.
Section 40 of the Natural Environment and Rural Communities Act 2006 (NERC Act) places a duty on every public authority, in exercising its functions, to have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity. Forestry Commission Wales is subject to this duty.
Furthermore, since Forestry Commission Wales is managing the Assembly forest estate on behalf of the Welsh Ministers, they are also under a duty to take such steps as appear to Welsh Ministers to be reasonably practicable to further the conservation of the organisms and species included in the list published by Welsh Ministers under section 42 of the NERC Act. The red squirrel is included in this section 42 list (which replaces the list published under section 74 of the Countryside and Rights of Way Act 2000, and which also included the red squirrel).
These statutory duties are supported by the commitments laid out in the UK Biodiversity Action Plan, Wales Environment Strategy and Action Plan and Wales Biodiversity Framework. The Wales Biodiversity Framework Section 2.11 states that:
'Annex
B lays out the new legislation under Section 40 and 42 of the Natural Environment and Rural Communities Act 2006 (NERC), which reinforces each of these pieces of legislation and extends the future legal basis for biodiversity action in Wales. Section 40 of the
Act (applicable to England & Wales) states that: "Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity”.’
and that:
'In order to be fully compliant with this legislation all strategies, policies, plans and projects affecting Wales need to recognise the importance of biodiversity
and show the contribution they can make to its improvement’.
Darren Millar (Clwyd West): What checks and controls are in place to ensure that Forestry Commission Wales take all necessary action to avoid disturbing red squirrels and destroying their nest sites or refuges during woodland operations? (WAQ50428)
Darren Millar (Clwyd West): What checks and controls are in place to ensure that Forestry Commission Wales take all necessary steps to locate red squirrels’ nest sites prior to woodland operations taking place within state managed woodland habitats known to contain the red squirrels? (WAQ50429)
Jane
Davidson:
In their management of the Assembly forest estate, Forestry Commission Wales use the Forest Planning system to ensure that at the strategic level, they fully meet their obligations to avoid action which damages protected and priority habitats and species.
Please cross-refer to the legal context given in answer to WAQ50427. Forestry Commission Wales comply with the legal duties and requirements with regard to red squirrel by:
on all operational sites in Assembly Woodland, where protected and priority habitats and species are identified as features of those sites, ensuring that measures to safeguard habitat condition and local populations of such species are built into Working Method Statements.
through the Woodland Grant structure, ensuring that payments to support work at the woodland and stand level to enhance protected species and habitats are available to private woodland owners.
Some funding is also available to support the control of grey squirrels on sensitive sites.
Darren Millar (Clwyd West): What action is the Minister taking through Forestry Commission Wales to ensure that grey squirrels, which carry a virus which is deadly to native red squirrels, are prevent from residing within state managed woodlands containing red squirrel populations? (WAQ50430)
Jane
Davidson:
The Wales Squirrel Forum (WSF) is made up of statutory, non-statutory organisations and local groups and implements Red Squirrel conservation in Wales. The current Wales Red Squirrel Strategy is under review and the production of the Conservation Plan
for Red Squirrels in Wales will provide a framework for the conservation and recovery of the species. Forestry Commission Wales is working closely with Countryside Council for Wales and others in the production of this plan.
Grey squirrels are present in Wales in significant numbers and move through suitable habitat according to food availability. In their management of the Assembly woodland estate, Forestry Commission Wales continue to undertake targeted and appropriate grey squirrel control for protection of tree health and red squirrel conservation. Through the woodland grant structure, Better Woodlands for Wales, payments to support work at the woodland and stand level to enhance protected species and habitats are available. Some funding is also available to support the control of grey squirrels on sensitive sites.
The Forestry Commission continues to support research into red squirrel conservation, Squirrelpox Virus and grey squirrel control. Best practice for grey squirrel control can be found in the Forestry Commission publication 'Practice Note 4—Controlling Grey Squirrel Damage to Woodlands’ revised in August 2007.
Darren Millar (Clwyd West): Will the Minister state what the current population of red squirrels is in the Clocaenog forest, how has this figure been calculated, what is the margin of error in this estimate and do Forestry Commission Wales have a projected forecast for numbers in 2010 and 2020? (WAQ50431)
Jane
Davidson:
Red squirrels are found throughout Clocaenog Forest in areas of suitable habitat. From the latest report on population produced in 2000, the number of red squirrels that can be supported by the forest in its present state, estimated from Minimum Dynamic
Linked Areas analysis (MDLA), is only just above the minimum viable population level. The MDLA estimate the population to be 225 red squirrels. The MVP estimate is 200 red squirrels. The intention is to monitor at 10 year intervals, i.e. 2010, 2020.
Additional Information: Populations of protected species are not readily 'forecasted’—the UK Biodiversity Action Plan process allows for population targets to be set. The Wales Squirrel Forum (WSF) is made up of statutory, non-statutory organisations and local groups and implements Red Squirrel conservation in Wales. The current Wales Red Squirrel Strategy is under review and the production of the Conservation Plan for Red Squirrels in Wales will provide a framework for the conservation and recovery of the species. The Local Biodiversity Action Plan Partnership, which covers the area of Clocaenog Forest, may have set a target for what they feel should be the number of individuals comprising the future population of red squirrel within their local area.
Kirsty Williams (Brecon and Radnorshire): Will the Minister make a statement on the inclusion of Builth Wells in a flood protection programme? (WAQ50432)
Jane Davidson: The area in question is subject to flooding from the River Wye which is a designated main river. The Environment Agency is responsible for flood risk management matters relating to main rivers in Wales.
I understand from the Environment Agency that Builth Wells, and in particular Llanelwedd, has historically flooded along the river floodplain. The most significant recent event occurred in October 1998 when approximately 17 properties were flooded and traffic disruption was caused.
The Environment Agency informs me that over the last 30 to 40 years a number of feasibility studies have been undertaken on whether flood protection standards in the area can be improved. The problem at Builth Wells, given its scale, is not one of the Environment Agency’s priorities for investment at this time.
Our New Approaches Programme for managing flood and coastal risk in Wales aims to facilitate a change in our approach to managing flood risk and the outcomes of that programme will assist in creating new programmes of work for the future. Once the Programme is complete my officials will be involved in a review of the Environment Agency’s own forward programme.