Natural England has stopped accepting or dealing with any new complaints about harmful weeds whose spread is controlled by law. The body is responsible for enforcing the Weeds Act 1959 in England, which was passed to prevent the spread of ‘injurious’ weeds – the best-known being ragwort, which is toxic to humans and poisonous to grazing animals including cattle and horses.
The Weeds Act allows owners of land at risk of weed spread from neighbouring areas to insist that it be controlled at source, but only after an enforcement action by Natural England. This cessation of its regulatory activity leaves no further avenues for official complaint, leaving landowners dependent on their neighbours’ goodwill.
Wiltshire farmer and Countryside Alliance member, Christopher Jenkin, affected by spread from a neighbouring field, contacted us for assistance. He told the Alliance:
“In previous years but more so this year, I noticed a significant increase in extensive amounts of ragwort and other injurious weeds growing on farmland immediately neighbouring our grazing fields, mostly grazed by horses, sometimes by sheep and occasionally cut for hay. As I was unable to resolve the issue with the landowner, I sought to contact Natural England as the regulator for the Weeds Act 1959 and Ragwort Control Act 2005, etc.
“The complaint was made in early August but I understand now that Natural England ceased dealing with any new complaints on 25th July and no alternative complaints procedure has been put in place.
“We are constantly having to monitor our fields and remove any growing weeds as they appear, since the abundance of the weeds growing on the other side of our fence line are well within the 50M guideline given within the legislation, but where we go from here I do not know. Natural England's action and its timing seem to display a remarkable lack of understanding of rural issues, and perhaps next year we can look to proper and effective enforcement of statutory legislation.
“I am though most grateful to the Countryside Alliance for its advice on how best to pursue this issue through my MP.”
Our political advice included a suggestion that Mr Jenkin ask his MP, Dr Roz Savage (South Cotswolds, LD), to table a written parliamentary question to Defra to help uncover what it and Natural England are doing. Earlier this month she did so. The question read:
“To ask the Secretary of State for Environment, Food and Rural Affairs, in the context of Natural England no longer accepting complaints about the spread of injurious weeds, by what means the Weeds Act 1959 is now being enforced.”
The Nature Minister, Mary Creagh MP, responded one week later. The answer was not encouraging:
“Natural England (NE) is dealing with historic weeds complaints but is not currently taking new complaints. This is a temporary measure whilst NE reviews with Defra the approach to addressing injurious weeds, to improve access to appropriate advice and guidance and ensure enforcement resources are targeted most effectively.”
However, as Mr Jenkin also pointed out, Natural England already has an ‘off season’ for Weeds Act complaints that runs between October and March. It seems difficult to explain why any review of its approach could not be conducted then, and why it must instead encroach on the already limited complaints window.
Defra’s Code of Practice on How to Prevent the Spread of Ragwort, published in 2004 but still standing as government policy, states in its introduction:
“Ragwort poisoning can have a devastating effect on horses in particular, as well as being damaging to cattle and other animals. Ingestion of Common Ragwort Senecio jacobaea either in its green or dried state, can cause serious liver damage, which can have tragic consequences for both animals and owners.”
Ragwort, as the government accepts, is dangerous to horses and other animals when allowed to spread unchecked into fields used for grazing or harvesting fodder. It is always reasonable for regulators to review their approaches to ensure they are targeting resources effectively. If, however, the aim is to improve efficiency, then suspending a complaints scheme with no notice two months before it would have closed in any case is not a promising beginning.
Natural England and Defra should explain why it was necessary to close complaints early, how it plans to change its enforcement activity, whether it will commit to re-opening for complaints on 1 April next year and what advice it gives to landowners and communities threatened by the spread of injurious weeds in the meantime. The Countryside Alliance will continue to pursue both bodies for the answers they need.