Damaging fishing activity will be prohibited in four new Marine Protected Areas (MPAs), the government has announced today. The move has been made possible by new post-Brexit freedoms which allow the government to protect rare habitats and wildlife in UK waters.

The byelaws, which have been subject to extensive consultation with industry and other stakeholders, will come into force in two months’ time (13 June 2022).

They are being introduced using new powers under the Fisheries Act, the UK’s first major domestic fisheries legislation in nearly 40 years. The new measures will prohibit fishing activities in MPAs where there is evidence that they harm wildlife or damage habitats.

The four byelaws ban the use of bottom trawls, dredges, demersal seines and semi-pelagic trawls, collectively known as bottom towed gear, over certain areas. There are also additional restrictions in two of the sites preventing the use of certain static gears such as pots, nets or lines over especially sensitive areas.

The byelaws will bring in management measures on fishing within these four MPAs in English waters: 

• Dogger Bank Special Area of Conservation
• Inner Dowsing, Race Bank and North Ridge Special Area of Conservation
• South Dorset Marine Conservation Zone
• The Canyons Marine Conservation Zone

Environment Secretary, George Eustice, said:

“Outside the EU, we are using our new freedoms to protect our marine environment. We will be stopping trawling and dredging in these Marine Protected Areas to protect wildlife and habitats, through powers we have in our Fisheries Act 2020.”

Tom McCormack, Chief Executive Officer of MMO, said: 

“Many of our inshore marine protected areas are already protected through MMO and Inshore Fisheries and Conservation Authority byelaws.

“The Fisheries Act includes new powers allowing us to better manage and control fishing in our offshore Marine Protected Areas.

“These new byelaws represent the next step in our nature recovery journey, ensuring our marine life can recover and thrive.”

The first four MPAs were chosen as a priority to help protect their vibrant and productive undersea environments. They include the Dogger Bank Special Area of Conservation, which has the largest shallow sandbank in British waters and supports commercial fish species such as cod and plaice, as well as sand eels that provide an important food source for kittiwakes, puffins and porpoises. They also include the Canyons Marine Conservation Zone which protects rare and highly sensitive deep water corals.

The names of the byelaws are:

“When the Government Legal Department (GLD) introduced commercial training contracts in 2019, I was instantly drawn to the scheme, which offered an appealing mix of commercial and public law. Having been a paralegal in a charity, I already had an interest in advising an organisation with wider legal considerations than a conventional private sector business. As such, GLD’s commercial training contract aligned with my interests and seemed like a great opportunity to learn about new areas of law, such as public procurement and subsidy control.

As a legal trainee on the Department for Transport (DfT) commercial training contract I completed seats in the rail passenger services team and aviation team within DfT Legal Advisers, the Commercial Law Group’s litigation team and also undertook a secondment at one of the Rail Legal Services panel firms (in its infrastructure, projects and energy team).

The breadth of experience on offer was immediately apparent. In the commercial litigation team, I was involved with commercial disputes for a number of government departments and agencies, including procurement disputes, contractual claims and judicial reviews, which provided the opportunity to assist with drafting court filings and preparation for alternative dispute resolution (ADR) processes. Perhaps most interesting was having first-hand experience of the impact of the pandemic on the type and nature of work.

My seat in DfT Legal Advisers’ aviation team provided the opportunity to develop public law advisory skills. This included regularly advising on vires and proposed courses of actions, including the interpretation of and powers to amend retained EU law, assisting with drafting secondary legislation and supporting the provision of financial support to the industry as a result of the pandemic.

A unique feature of the GLD commercial training contracts is the opportunity to undertake a seat on secondment at a private practice firm. As well as gaining experience in interesting new areas such as renewable energy, this seat provided an insight into the concerns of private-sector stakeholders involved in public projects. It also provided the opportunity to develop effective transaction management and drafting skills which are undoubtedly valuable for a government commercial lawyer.

For my first posting on the 2+2 Scheme (the scheme whereby lawyers are allocated to two, two-year postings in GLD over the four years following qualification), I am delighted to have returned to DfT Legal Advisers’ rail passenger services team which advises on a broad range of commercial work arising from the relationship between the government and private-sector stakeholders in the rail industry, including high value rail procurements. Legal advice regularly focuses on the commercial arrangements for rail franchises in England which have evolved considerably in recent years in response to the pandemic and the intention to transition to implementation of the recommendations of the White Paper (Great British Railways: The Williams-Shapps Plan for Rail).”

The situation in Ukraine continues to change rapidly, with many Ukrainians becoming displaced and seeking the shelter and safety of charities operating along Ukraine’s borders and in the neighbouring countries.

We recognise the vital work charities are delivering, here and in the region, to support those affected by the crisis. Through our collaboration with the Foreign Commonwealth and Development Office (FCDO), we are aware that criminal groups are operating in the region. Charities need to be alert to the risks that some individuals may try to use the cover of charity for the purpose of sexual exploitation and abuse and sexual harassment of those in need of assistance.

All trustees must take reasonable steps to protect from harm people who come into contact with their charity – this is a fundamental part of fulfilling your trustee duties and operating as a charity for the public benefit. However, operating internationally in response to a humanitarian crisis will pose particular safeguarding challenges and we recognise that those fleeing from conflict will have experienced significant trauma, which may result in specific vulnerabilities.

Whilst the risks faced, and how these are managed, will depend on the size, nature and complexity of the charity, trustees should consider what further steps they could take to ensure they are keeping people safe from harm.

We expect trustees of charities operating in the region to:

• assess and manage sexual exploitation and abuse and sexual harassment risks and wider safeguarding risks in their charity and for its operations
• regularly review existing safeguarding policies and procedures to ensure that they remain fit for purpose as the situation on the ground evolves
• make sure trustees, staff and volunteers are suitable and legally able to act in their positions, undertaking or updating vetting checks as appropriate
• implement any training plans, especially following new recruitment
• use the Misconduct Disclosure Scheme if they are signatories when hiring staff and volunteers to help protect their charity and other organisations from individuals who pose a safeguarding risk – for those who are not currently signatories, you should apply the principles of the scheme and then sign up to it as soon as feasible
• ensure all those connected to their charity understand how, and feel able, to report concerns

If your charity is responding to the crisis in Ukraine by working with partners, you must make sure that any grant recipient or partner body is suitable and they must have appropriate safeguarding procedures in place. Where a registered charity supports, or works closely with overseas partners or not-for-profit organisations that are not registered with the Commission, we will hold the registered charity to account over the suitability and management of that relationship – including its supervision of safeguarding risks.

For more information on conducting appropriate and proper due diligence, please see our Compliance Toolkit which includes a range of practical tools. For specific due diligence guidance on safeguarding against sexual exploitation and abuse and sexual harassment, charities may also wish to consider FCDO’s framework for implementing partners.

Handling allegations or incidents

Where allegations or incidents do arise, it is important that charities respond quickly and handle the situation appropriately. Charities should ensure that support is available to victims and survivors. They must also report to all relevant agencies and regulators as appropriate.

This includes reporting to the Charity Commission where serious incidents occur and reporting potentially criminal incidents to the police and/or appropriate authorities in the locality.

In cases where a British national or a person with a claim to UK residency has committed, or potentially committed, a child sexual abuse/exploitation offence overseas, the UK authorities may have an interest even though it happened overseas. Please see our guidance on reporting to the police for more information.

Further information

For more information on sexual exploitation and abuse and sexual harassment, please see:

The Commission also has further information on protecting people who come into contact with your charity:

For guidance on responding to the crisis in Ukraine, please see the Commission’s main hub – Ukraine humanitarian crisis: guidance for charities and trustees.

Notes

The Charity Commission, the independent regulator of charities in England and Wales, is issuing this alert to charities as regulatory advice under section 15(2) of the Charities Act 2011.

Latest

The UK Health Security Agency (UKHSA) is continuing to investigate an ongoing outbreak of salmonella linked to certain Kinder products made in one of Ferrero’s factories, in Arlon, Belgium.

We are working with the Food Standards Agency, Food Standards Scotland, Public Health Scotland, Public Health Wales, Public Health Agency Northern Ireland, as well as international public health and food safety authorities, to ensure that the risk to public health is minimised as far as possible.

As of 29 April, there are 76 cases linked to this outbreak in the UK. The majority of the cases are children under 5 years of age.

We continue to remind people that a range of Kinder Egg products and Schoko-Bons should not be eaten.

Full details on the products affected and the recall can be found here.

Further information on case numbers in all affected countries can be found at the European Centre for Disease Prevention and Control (ECDC).

Previous

22 April 2022

UKHSA is continuing to work with the Food Standards Agency, Food Standards Scotland, Public Health Scotland, Public Health Wales, Public Health Agency Northern Ireland – as well as international public health and food safety authorities – to investigate an ongoing outbreak of salmonella linked to certain Kinder products made in one of Ferrero’s factories, in Arlon, Belgium.

As of 20 April, there are 73 cases linked to this outbreak in the UK. The majority of the cases are children under 5 years of age.

We continue to remind people that a range of Kinder Egg products and Schoko-Bon’s should not be eaten.

Full details on the products affected and the recall can be found here.

Further information on case numbers in all affected countries can be found at the European Centre for Disease Prevention and Control (ECDC).

15 April 2022

As we enter the bank holiday weekend, the Food Standards Agency (FSA), Food Standards Scotland (FSS) and UKHSA are strongly reminding people that a range of Kinder Egg products and Schoko-Bon’s should not be eaten.

The agencies are continuing to work with Public Health Scotland, Public Health Wales, Public Health Agency Northern Ireland – as well as international public health and food safety authorities – to investigate an ongoing outbreak of salmonella linked to certain Kinder Egg product ranges and Schoko-Bons produced at one of the Ferrero company’s factories, in Arlon, Belgium.

Full details on the products affected and the recall can be found here.

As of 15 April, there are 70 cases linked to this outbreak in the UK. The majority of the cases are in children under 5 years of age.

Dame Jenny Harries, Chief Executive of UKHSA, said:

We’re reminding people of the recall this bank holiday weekend as it’s possible these products have been bought and stored as gifts, or for events such as Easter trails.

It’s crucial these products are not eaten and are discarded. Salmonella infection can be severe and many children affected in this outbreak have been very unwell and hospitalised, so anyone giving chocolate products to friends or family should take extra care to ensure their Easter gifts are not amongst those products recalled.

Thank you to parents and guardians  who worked with us and other public health authorities in the UK to tell us what their children had eaten prior to becoming unwell – this allowed us to rapidly pinpoint a potential source of infection and helped food chain investigations both in this country and in Europe. We understand this has been a worrying time for these families, and their responses have helped to prevent more children and vulnerable adults being affected.

Emily Miles, Chief Executive of the Food Standards Agency, said:

As we go into the Easter weekend, we are strongly urging consumers to follow the advice in the latest recall notice and to check any Kinder products they might have already bought against the list detailed in the notice, as they may pose a risk to health. If they do have any products on the list, they should not eat them and should discard them immediately.

We have emphasised to the business and the authorities in Belgium the importance of taking a precautionary approach to their recall and trust that they will continue to put consumers’ needs first in any action they take.

Symptoms of salmonellosis – or infection with salmonella – typically resolve themselves within a few days. However, symptoms can be more severe, especially in young children, those who are pregnant and those with weakened immune systems.

Anybody with concerns that they have symptoms of salmonellosis should contact their GP or call NHS 111. Salmonella can be spread from person to person as well as from food, so anyone affected should adhere to good hygiene practices, such as washing hands thoroughly after using the bathroom and avoiding handling food for others where possible, if you have symptoms.

The following products have been recalled and regardless of best-before date, should not be eaten.
The recall includes:

• Kinder Surprise 20g and 3x 20g
• Kinder Surprise 100g
• Kinder Egg Hunt
• Kinder Mini Eggs
• Kinder Schoko-Bons

13 April 2022

UKHSA is continuing to work with the Food Standards Agency, Food Standards Scotland, Public Health Scotland, Public Health Wales, Public Health Agency Northern Ireland – as well as international public health and food safety authorities – to investigate an ongoing outbreak of Salmonella linked to certain Kinder products produced by the Ferrero Group.

Full details on the products affected and the recall can be found here.

As of 13 April, there are 67 cases linked to this outbreak in the UK. The majority of the cases are in children under 5 years of age.

Dr Lesley Larkin, Surveillance Lead, Gastrointestinal Pathogens and Food Safety (One Health) at UKHSA, said:

We would like to thank all the parents who worked with us and other public health authorities in the UK to tell us what their children had eaten prior to becoming unwell – they allowed us to rapidly pinpoint a potential source, which facilitated food chain investigations both in this country and in Europe. We understand this has been a worrying time for these families, and their responses have helped to prevent more children being affected.

Symptoms of salmonellosis typically resolve themselves within a few days. However, symptoms can be more severe, especially in young children, those who are pregnant and those with weakened immune systems.

Anybody with concerns that they have symptoms of salmonellosis should contact their GP or call NHS 111. Salmonella can be spread from person to person as well as from food, so anyone affected should adhere to good hygiene practices, such as washing hands thoroughly after using the bathroom and avoiding handling food for others where possible, if you have symptoms.