Caroline Spelman MP
Secretary of State
DEFRA, Nobel House
17 Smith Square
SW1P 3JR

06 July 2010

Dear Caroline,

Illegally Logged Timber

Thank you for your letter dated 24 June on recent developments on illegal logging and for your acknowledgement of my role as the Rapporteur for the European Parliament on this issue.

As you mention in your letter, the compromise text agreed with the European Council now makes clear that the placing in the EU market of illegally harvested timber or timber products is prohibited, and will be subject to considerable penalties. However, I remain concerned that despite this advance, it is possible to bypass this incomplete prohibition by setting up shell companies to effect first placement. When allegations of illegality are subsequently pursued the shell company can cease trading and criminals can walk away with impunity.

Therefore, whilst I welcome your commitment to putting in place strong implementation measures, an enforcement regime of the European legislation is only part of what the UK should be doing.

Following the developments in EU legislation, to bolster this, I am now calling for national legislation in the UK to replicate the United States' Lacey Act. Following the amendment of the US's Lacey Act, prohibition is enforced on all operators at any point within the timber market. The commitment was made by the Conservatives to support such legislation ahead of the general election by both William Hague and by Greg Barker and there is a clear commitment in the coalition agreement to legislate . Ideally we need support for a series of the major European purchasers to go further and introduce similar national legislation but the UK acting alone would still send a strong message.

This legislation must not be delayed on the grounds that we now have a more progressive position within Europe. It is not the case that more time is needed to see the EU measures ‘bed in' before we advance to further legislation as it is clear that the "prohibition of first placement on the market" falls far short of the comprehensive prohibition applying to all operators on the supply chain that is needed and that the Conservatives promised before the election.

Finally, I agree with you that tackling illegal logging is vital if we are to achieve our objectives on climate change (as well as on development and biodiversity). In particular, it is essential that illegal logging is addressed for the UN REDD (Reducing Emissions from Deforestation and Forest Degradation) mechanism to work effectively. Therefore, as well as your reply to the points raised above, I should also be grateful for your response to the suggestion that DECC rather than DEFRA should be the lead ministry on this matter. I have copied Chris Huhne into this letter with a request for his response to this suggestion.

I look forward to your reply.

Yours sincerely,

Caroline Lucas MP, Brighton Pavilion.