REACH etc. (Amendment etc.) (EU Exit) Regulations 2019
Baroness McIntosh of Pickering Excerpts(5 years, 1 month ago)
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Lord Krebs (CB)
My Lords, I speak as a member of the EU Energy and Environment Sub-Committee, so ably chaired by the noble Lord, Lord Teverson, who has just spoken. I do not wish to repeat all the arguments that we have heard expressed so eloquently by the noble Lords, Lord Fox and Lord Whitty, but I want to ask a question which follows from what the noble Lord, Lord Whitty, said. I have assumed all along that there must be some secret benefit of establishing a separate parallel UK system which duplicates the European system. I have yet to find anybody who can explain to me what this benefit is. Therefore my first question to the Minister is: what is the benefit? Do tell us. Reveal all, so that we can all enjoy the warm glow of appreciation.
I move quickly from that very general point to a much more specific point, which has been alluded to already by the noble Lords, Lord Fox and Lord Whitty, concerning scientific evidence to support risk assessment. To me, it would be really dangerous in the future, for confidence, for UK consumers and for the viability of our chemical industry and all the products that depend on chemicals, if we had a divergence in risk assessment between the European system—run by the European Chemicals Agency—and the UK system. Think what that would mean if, on one hand, we were told by the other 27 countries that chemical X is not safe to use but, on the other, we were told by our own national system not to worry about it and that it is safe. That leads us to the key question: how will these risk assessments be carried out? The SI does not provide for the replication of an independent standing committee of experts to carry out risk assessment.
We have asked Minister Coffey about this on more than one occasion. Just last week, on 19 March, in response to the question of why we cannot replicate the committee structure, she replied—if I can read her writing—that we want to ensure that,
“the HSE will have access to the best advice and would not be limited to the UK or even the EU—setting up a statutory committee is likely to reduce that freedom”.
Why does having a statutory committee reduce the freedom to seek advice from other experts? At one stage, I had the pleasure of serving as the chairman of the Food Standards Agency. We had numerous statutory committees advising us on novel foods, on microbiological safety, on nutrition and so on. But that did not prevent us seeking other expert advice, where necessary, from people who were not on those statutory committees. I simply fail to understand the logic.
Furthermore, whatever system the HSE has for providing risk assessment, what is key to public confidence is transparency. There is no point in the HSE coming up with a risk assessment that says “This is safe” or “That is not safe” if the public, NGOs or scientists in the academic community and elsewhere cannot understand in a fully transparent way how that decision was reached. One thing that has happened in many of the statutory advisory committees elsewhere in government—led, I believe, by the Food Standards Agency back in the early part of this century—is that these committees meet in public. People can actually see what the evidence was, what the arguments were and how the decision was reached. Can the Minister assure this House that whatever mechanism the HSE uses—and I certainly think it should have an independent statutory committee—its decisions will be fully transparent, and that the decision-making group will meet in public so that people can see how the decision is made?
I have focused on one minor detail, although I think it quite an important one, of the many concerns raised by the Select Committee that I sit on, as well as by the noble Lords, Lord Fox and Lord Whitty. Finally, I remind the House how pervasive chemicals are in our lives. It has already been pointed out that this is about not just the chemical industry but all the industries that depend on chemicals, whether for motor manufacturing, toiletries or furniture and so on. There is a food chain in this country—many noble Lords may even have bought food from this outlet—which claims that its food contains no obscure chemicals. There is a risk that it contains nothing at all because food is nothing but chemicals, and some of them are obscure. This is fundamental to everything in our lives and how we regulate the safety of chemicals is of absolute paramount importance to everything we do, including the food we consume.
Baroness McIntosh of Pickering (Con)
My Lords, it gives me great pleasure to follow the noble Lord. I can speak only for myself, as I find that I am not on a committee so I have no expert knowledge in this regard. However, I pay tribute to the work done by the Secondary Legislation Scrutiny Committee in its 15th report, which I will refer to.
I know why this statutory instrument is being prepared; my noble friend the Minister set that out clearly in his opening remarks. In the impact assessment, the policy objective in paragraph 14 sets out the terms of the political declaration on the future relationship between the UK and the EU. Perhaps my noble friend can put your Lordships’ minds at rest this afternoon by showing that we will seek more than just a UK-EU free trade area for goods. The difficulty of our meeting to consider this two days before we were due to leave the European Union is that as we do not yet know the circumstances of our leaving, until the House of Commons has taken a view in this regard, we do not know whether we are leaving with no deal or whether there will be a transitional arrangement. In the event of the Prime Minister’s deal being agreed by Parliament, can my noble friend say how Defra and the Government intend to use a possible transition period to ensure continued co-operation between the UK authorities and EU agencies such as the European Chemicals Agency?
I agree with all those who have spoken on the questions raised in this 15th report about additional admin and the potential costs, and I have one request of my noble friend: since the report is strongly worded, and since neither the Expansion Memorandum nor the impact assessment have set out the costs and financial implications, it would be very helpful if he would set those out this afternoon.
Lord Teverson
I absolutely endorse that: we often think of this industry as dominated by large corporates and internationals; it is not. There is a huge SME sector which is just as important in this.
Baroness McIntosh of Pickering
I am most grateful.
In paragraph 17 of the 15th report the department is recorded as replying to one of the concerns thus:
“Should it become clear that we are in a ‘no deal’ scenario, staffing levels will be scaled up as required over a period of several years, allowing time for recruitment and training”.
The question has to be asked: as we are on the eve of a potential no deal, what is the position now and how far advanced are we with the scaling up? Are the officials coming from the industry and from other departments? What certainty can we have that the officials who are being asked to prepare for exit day under no deal are in place and have the knowledge in this regard?
My heart sank when my noble friend said that the dedicated IT system had been tried and tested and was ready to go. Successive Governments have found themselves in an embarrassing situation where we have a new, swanky IT system in place, it has been tried and tested and is ready to go, but it has proved to fail. I think the two examples I am going to choose actually reflect badly on my own Government. One relates to the Rural Payments Agency, where we not only introduced a new system of farm payments but, at exactly the same time, introduced a new IT system which had been tried and tested—and failed. The other IT system that caused great distress throughout the country was rolled out by the Child Support Agency. Again, we had a new IT system that had been tried and tested and proceeded to fail, with devastating consequences for families across the country. I hope that my noble friend will be proved right that this IT system is indeed ready to go.
At paragraph 27 of its 15th report, the committee raises concern about the possibility of failure and disruption:
“We remain concerned … that there may be disruption to the UK chemical industry, supply chains and wider economy as a result of new requirements to register chemicals from the EU after exit”.
That is certainly something noble Lords would wish to be satisfied on this afternoon.
My final point is that the House is incredibly grateful to Secondary Legislation Scrutiny Sub-Committee B for its work in preparing us for this debate on a very important SI.
I am rather concerned that the noble Lord, Lord Fox, might be at my dinner. We were at breakfast together this morning, as indeed was my noble friend Lady Byford and a number of others. We are now together—almost—post-lunch. I pray that we might be at dinner together this evening, but perhaps we might both have a reprieve. He mentioned the need for reassurance about ongoing consultation, and that all the groups are united. It is quite a challenge to unite such disparate groups as the Green Alliance and the broader environmental groups, the health companies, the animal rights charities and indeed the chemical industry. I conclude by asking my noble friend to give the House an assurance that the consultations are indeed ongoing and will continue throughout any transitional period.
Viscount Hanworth (Lab)
My Lords, much of what I intended to say has already been said, and said very well. Nevertheless, I will add further testimony that reaffirms the comments of my committee colleague, the noble Lord, Lord Teverson.
The experience of serving on the Energy and Environment Sub-Committee of the European Union Committee has highlighted a crisis in government that affects both politics and administration. Modern government is highly complex. Mundane matters of daily life and of trade are surrounded, as they must be, by regulations and legislation, and it can take a great intellectual effort to understand all the circumstances. Minor incremental changes to legislation can usually accommodated. If a small mistake is recognised, the matter can be amended. The changes proposed by the Brexit agenda are of a very different order. In this connection, Ministers and their civil servants have often had only a tenuous grasp of the matters at hand, and they have sometimes demonstrated before our committee an astonishing oversight.
The EU REACH regulations have proved to be a case in point. Here, we face some of the perplexities and absurdities of the Brexit agenda. It has been unclear whether under any circumstances the UK could continue after Brexit to remain a member of the REACH organisation, albeit that this has never been clear until recently.
The initial proposal put to our committee by the Minister in charge, who was flanked by a Civil Service adviser, was that the establishment of a UK REACH system—or a “BREACH” system, as we have heard it called—could be achieved easily by cutting and pasting the contents of the REACH database, which is owned by the European Chemicals Agency, into our own national database. It was pointed out to them that this was not generally possible. The information in the REACH database is also owned by commercial enterprises that have contributed to it. Some of it is subject to commercial secrecy. The data would have to be acquired via negotiations. Moreover, given that the data is often subject to joint ownership, such negotiations would be difficult and protracted.
In effect, the ambition of the Brexit agenda has been to acquire the fruits of a co-operative enterprise without having to co-operate with others. It has become clear that, in order to remain in business, UK companies will have to transfer their registrations to European Union-based companies, or parties, at least. They will have to bear the cost of registering with both the UK and the European Union. Moreover, unless they already have a presence in the European Union—other than in the UK—they will be depending for such registrations on the good will of rival enterprises. This is hardly a case of regaining national control.
The preponderance of the output of our chemical industry is exported. Some 61% of our chemical exports went to the European Union in 2017, and 73% of our chemical imports came from the European Union. If the Brexit agenda is fulfilled, we shall be looking at the likely demise of a significant British industry.
The chairman of our committee wrote to the Minister expressing our anxiety at the lack of preparation for these eventualities. In reply, the Minister told us that there has recently been a flurry of activity aimed at alerting industry to the need to prepare for Brexit. It is difficult to measure the extent of these activities, but it is clear that Defra has had other things on its mind.
This brings us back to a point that has already been made. The Conservative Party is in favour of small government and light-touch regulation, yet it has proposed changes far beyond the capacity of politicians and civil servants to accommodate. Its maladministration of the nation’s affairs amounts to an utter dereliction of duty.
Plant Health (Amendment) (England) (EU Exit) Regulations 2019
Baroness McIntosh of Pickering Excerpts(5 years, 1 month ago)
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Baroness McIntosh of Pickering (Con)
My Lords, I congratulate my noble friend on bringing these two instruments before the Committee this afternoon. I am also grateful to him that Fera will be involved in this, since he will recall that Fera is in the Thirsk and Malton constituency. As a slightly amusing story, I remember seeing a beetle at Fera that had been extracted from a wooden bed. It had been quite scary for a honeymoon couple to have heard its constant scratching. Finally, the morning after their nuptials, they called the hotel staff in and found out that the beetle had been imported within the wood that the furniture was made from. It was obviously more company than they had bargained for. I yield to no one in my admiration for the work that FERA does.
I have a couple of questions for my noble friend the Minister. My noble friend Lady Byford referred to plant health and pests in the air. What shocked me and colleagues on the EFRA Committee in the other place in the midst of the ash tree dieback was the fact that we were exporting seeds to be sown in parts of Europe such as, dare I say, Denmark—I am half Danish, so there was obviously some embarrassment—and Poland, which then grew these ash trees. We then reimported them to the UK as saplings with the Chalara fungus; I will not even try to say its name. We were reintroducing the ash tree saplings to this country with that disease. Can my noble friend give the Committee a reassurance that, under the arrangements set out in the statutory instruments today, that will not happen and that we will continue to update the list of species at risk which fall under these regulations on plant health and biosecurity? As the EU continues to amend that list, in the event of no deal will we share the information on our list as we go forward? Will we update our list with any updates to the EU list as well? I am sure that my noble friend will say that that is a matter for negotiation. Will he please make it a priority for our negotiations?
It is obviously of some concern that the threat is not just from dieback to ash trees. Currently, horse chestnuts, pines and other trees are also threatened. Have we learned nothing from elm disease? Kew Gardens and the arboretum at Castle Howard fulfil a national role in making sure that we continue to have seeds which we hope will be free of these diseases. Can my noble friend reassure the Committee that there will not be any threat in future?
In the Prime Minister’s Statement in the other place, there was a lot of talk about the Irish border and the arrangements in Ireland. At the moment, there is no Northern Ireland Assembly. We understand that this issue was raised for the first time two weeks ago by the Minister’s Defra colleague in the other place, particularly in respect of the arrangements for his department. There are going to be no checks at the borders on plant health, but they will be, as it states, in some internal location. Is this entirely sensible when we are dealing with something as fundamental as plant health and biosecurity? If there is an alert for a particular plant disease, should we not reimpose checks at borders for this purpose to make sure that we keep the national biosecurity safe?
In the smaller regulation as I shall call it—the Plant Health (Amendment) (England) (EU Exit) Regulation—paragraph 2.3 of the Explanatory Memorandum sets out obligations,
“for the control and management of plant health risks”,
for the import of plant material from third countries and the movement of such material,
“within the EU single market”.
Given that our position will be that of a third country, can we clarify what the status will be for plant movements between here and the EU?
On page 21 of the SI, Regulation 19 refers to,
“Prevention of the spread of tree pests: England”.
Again, can we ensure that there will not just be plant passports, as it goes on to say, but physical checks, if there is reason to believe that there is a specific threat? At the moment, we know of threats to three particular tree species. We need to be careful and to understand what our status will be in relation to the EU if we crash out and leave with no deal.
I hope that we can give these instruments a fair wind, but both instruments raise a number of issues of potential concern to the biosecurity and plant health of this country.
Baroness Young of Old Scone (Lab)
My Lords, as several noble Lords have pointed out, plant health is a vital issue. I declare an interest as chairman of the Woodland Trust.
Pressure from introduced diseases and pests is serious and growing. Already there has been reference to the publicity surrounding ash dieback, which could kill off 80% of our ash trees and change the nature of our countryside and hedgerows. I am sure that noble Lords—particularly those of my age—will recall the devastation from Dutch elm disease. “You haven’t seen anything yet”, because poised and waiting to come over are killers such as xylella fastidiosa, to which the Minister referred. This is a Darth Vader of plant disease. It could infect a whole range of species of plant and trees. The noble Baroness, Lady McIntosh, talked about three species that are under threat. In reality, it is pretty well true to say that every native tree species is at risk of pest or disease. So plant health needs to be taken very seriously. I thank the Minister for his explanation of these two regulations and for the briefing meeting he set up with himself and senior Defra officials.
The regulations are indeed intended to replicate the current arrangements in Europe, but they contain some differences and illustrate some serious issues. First, as has already been noted, they move the line of defence against the risk of the importation of disease from the port to the importer’s premises in the case of regulated material from third countries. The new process means that the premises of these importers of regulated plants and trees will have to have their process authorised and provide specific inspection facilities, which will then be subjected to a yearly audit. As the noble Baroness, Lady Parminter, said, Defra has estimated that between 80 and 100 premises may want to be authorised, but authorisations opened before Christmas and only 33 have gone through the process so far. There is a way to go in achieving readiness. Can the Minister tell us what his department is doing to ensure that all those who need to be designated will be designated in time, whenever “in time” might mean?
I must admit that I was concerned that, in the interests of not gumming up the ro-ro ports and creating friction in the trade process, we would no longer stop and check these materials at ports. I was assured by the Defra chief plant health officer that the plants and trees concerned would be transported in bonded conditions so that the disease could not be spread in transit before they had been checked. Can the Minister assure us that such bonding or sealing provisions, as he called them, will work so that there is no risk of trailing pestilence across the country in the interest of simply avoiding embarrassing queues at the post-Brexit ports?
Once the plants and materials are held in authorised premises, they will need to be inspected by the Animal and Plant Health Agency before they can be moved and distributed. As has already been noted, that will require more staff, including additional plant health inspectors. Support staff will also be needed to manage the uplift in the number of phytosanitary certificates required to ensure that exports from the UK to the EU can be handled. The noble Baroness, Lady Parminter, referred to that. Defra kindly provided us with figures showing that an additional 117 plant health inspectors and support staff, and an additional five Forestry Commission inspectors, will be recruited. This is a virtual doubling of the workforce. Can the Minister tell us the estimated cost of this new regime? It sounds expensive. Simply doing some sums on the back of a fag packet indicated that the staff alone could cost upwards of £3 million. The public are wholly unaware of these sorts of costs when making their minds up about the value, or otherwise, of Brexit and its variants—so much for the Brexit dividend.
Of course, we are only one country, even if we are four nations. Much depends on effective arrangements being in place—particularly in Scotland, which will subject to separate legislation. Can the Minister tell us whether that legislation has been passed in Scotland and, if not, when it will be passed?
The Minister referred to a new criminal offence being created to provide an enforcement mechanism in the event of failure to comply with a notice issued in respect of a demarcated area. Your Lordships will remember that the House expressed concern about the creation of criminal offences by statutory instruments during consideration of the then EU withdrawal Bill. While this new criminal offence does not count as a relevant criminal offence under the Act, can the Minister confirm the maximum penalty for the offence?
Of course, the new regime deals only with legitimate trade, although the Minister is of the view that it will provide more information for traceability should an outbreak take place. The Minister assures me that the Animal and Plant Health Agency is hot on the tracks of any illegal imports, and I assure the Minister that the agency is regularly under-cover as a mystery shopper at car boot sales in car parks.
These SIs basically recreate a slightly less satisfactory UK regime to replace the existing EU regime for plant health. At heart, this is a lipstick-on-a-pig situation—you can put lipstick on a pig, but it is still a pig. The scale and threat of plant and tree disease is increasing. In general terms, the Government’s policy for all but regulated materials is of surveillance to spot infestations early once introduced to this country and contain them with vigour. This does not keep out pests and diseases and is insufficiently robust to tackle the current and future threat. Brexit has few merits in my book, but one of them would come into play in this instance: as part of reclaiming our borders, we would have a chance to do a New Zealand or an Australia and adopt a policy of no entry for any plants and trees unless they are demonstrably disease and pest free. If that were in conjunction with a major push for plants to be UK sourced and grown, to reduce the need for imports and to give a valuable boost to the UK nursery trade, that would genuinely be in the spirit of Brexit—I never thought that I would use those words.
I look forward to discussions with the Minister on how we can improve the plant health regime in the context of the forthcoming biosecurity strategy.
Brexit: Farming Tariffs
Baroness McIntosh of Pickering Excerpts(5 years, 1 month ago)
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Baroness McIntosh of Pickering
To ask Her Majesty’s Government what assessment they have made of the impact of their proposed tariffs in the event of a no-deal Brexit on farming in the United Kingdom; and when such tariffs would expire.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I declare my farming interests as set out in the register. In developing their tariff policy, the Government considered the interests of consumers and domestic producers. In agriculture, there will be tariff rate quotas for beef, poultry, sugar and rice, as well as tariffs for lamb, pigmeat, butter and cheddar-type cheeses. Further tariffs will be retained on products such as bananas, where preferential access to the UK market is important for developing countries. This tariff regime would apply for up to 12 months.
Baroness McIntosh of Pickering (Con)
I thank my noble friend for that Answer. While I welcome these protections, I ask my noble friend why beef, lamb and dairy have been included but not eggs, cereals and horticulture, and why whole-animal products have been included but not specified meat cuts, which is the norm. Could he confirm that discussions were held with the Irish Government before the tariffs were announced and that approvals have been obtained from the World Trade Organization?
Lord Gardiner of Kimble
My Lords, the Government have sought to bring forward a balanced approach, which in part follows the five principles set out in the Taxation (Cross-border Trade) Act 2018. The first two are the interests of consumers in the UK and those of producers in the UK. We were conscious in our considerations that this would be a temporary tariff regime in the event of no deal—which I emphasise we do not wish—and that there were areas where we wanted to get the balance right in protecting sensitive sectors, such as the sheep sector, while there were other areas where though that prices to the consumer were also important.
We will obviously take very seriously our obligations under international law. We have taken into account the unique social, political and economic circumstances of Northern Ireland. I was not party to any discussions because that would be for other departments, but it is clear that in the event of no deal there would have to be immediate contingency arrangements and urgent discussions with the Irish Government and the Commission.
Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019
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The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, these regulations group elements of six policy regimes: natural mineral waters, spirit drinks, food labelling, wines, genetically modified organisms and animal imports. The purpose of this statutory instrument is to make purely technical or operability corrections to ensure that these regimes continue to function as intended. These corrections deal with removing or amending references to EU directives, removing or amending EU references, converting EU procedures to UK procedures and transferring EU functions to the UK.
This instrument allows the recognition of existing natural mineral waters from the EU, Iceland and Norway to continue on a transitional provision for at least six months, thereby maintaining the status quo immediately before exit day. This instrument also provides power to the Secretary of State to withdraw recognition of existing EU natural mineral waters after a period of notice if the EU was not to reciprocate and recognise UK natural mineral waters. Of course, we hope that the EU will recognise our mineral waters in good faith, as indeed we are doing.
With the exception of the Secretary of State’s powers over recognition of natural mineral waters, this instrument makes no further substantive changes. Without this provision, existing natural mineral waters which obtained recognition in or by a member state in the EEA would not have the right to be legally sold in England, irrespective of the Secretary of State’s powers to regulate this field. That would lead to restricted consumer choice in the UK, where one in three bottles of natural mineral water are of EU origin, and changes to product prices due to market forces. We have therefore taken a pragmatic view on that matter, and it is necessary that we do so.
The statutory instrument will also ensure that we have a fully functioning scheme for spirit drinks’ geographical indications, allowing us to register and amend applications. This is particularly important for Scotch whisky, which in 2018 had a record £4.7 billion-worth of exports. Although these exports would not directly be put in jeopardy without this SI, the industry would lose the ability to amend the Scotch whisky technical file to better reflect industry practice. The technical file is the document which provides the technical specifications for products using the Scotch whisky GI name: for example, production process, geographical area, specific labelling rules and so forth. This SI amends the applicable regulation to transfer functions from the European Commission to the Secretary of State.
On food labelling, this SI transfers a series of legislative functions which are currently conferred upon the European Commission so that they will instead be exercisable here in the UK. Transferring the functions means that we can make important changes concerning how certain pieces of information can be presented to the consumer. These powers currently sit with the EU Commission and ensure that we would not require new primary legislation to, for example, update the list of allergens that must be labelled on prepacked food or change the way that nutritional values are presented.
The SI also transfers the power to make rules for the production processes used to make aromatised wines, as well as rules on methods of analysis and administrative and physical checks, and transfers powers on wine relating to GI applications from the EU to the Secretary of State. It allows us to update laws in relation to the production and analysis arrangements for aromatised wine by means of regulations. It will also enable us to consider applications for new wine GIs and deal with applications to amend and cancel wine GIs on the UK wines GI register. Without doing so, key aspects of our wine quality policy would become inoperative, which would put us in breach of the WTO provisions. It also rolls over the framework for how producers protect geographical indications for aromatised wines, as well as the mechanisms to control the production and use of those geographical indications.
For genetically modified organisms, the SI makes purely technical changes to keep legislation operable on exit. I emphasise that there are no policy changes. It makes operability changes to transfer existing powers from the EU to the Secretary of State, thereby allowing the Secretary of State to develop technical statutory guidance on sampling and testing for the presence of GMOs, to amend the threshold above which products must comply with traceability and labelling requirements, and to apply unique identifying codes to GMOs. This will ensure that we can continue to enforce the rigorous rules governing genetically modified organisms.
Finally, this SI amends animal health provisions. It makes operable provisions relating to the import of cattle semen, pig semen and horse semen, ova and embryos. These amendments are purely technical, and preserve the current regime for imports and for protecting the UK’s biosecurity. The SI also makes minor operability amendments to two other animal health provisions, one laying down a health certificate used to ensure the health status of certain imports of live animals and products of animal origin, and the other making provision for the appropriate UK authority to publish approved lists of border inspection posts relating to the movement of animals and animal products. In both cases, the amendments are minor and technical and do not introduce any new policy.
Defra has consulted the devolved Administrations on the amendments in this instrument and they have consented to its coming into force. The instrument concerns changes for the United Kingdom except as regards natural mineral waters—those apply only to England—and decisions on GMOs, which are a devolved matter for Wales, Scotland, and Northern Ireland. As the natural mineral waters amendments apply only to England, each devolved Administration would have to provide their own equivalent amendments to their respective natural mineral waters regulations. We expect the devolved Administrations to mirror the same policy position, but they have yet to lay their respective provisions in legislation.
Amendments made to Regulation (EC) No. 1830/2003 on the traceability and labelling of genetically modified organisms will apply to the UK. They respect that decisions on GMOs are a devolved matter.
The natural mineral water policy decisions were subject to a public consultation, which ran from 16 October to 13 November last year. Defra engaged all major stakeholders in the process throughout 2018, from individual companies to industry bodies. We have also written to the main stakeholders to explain the implications of the instrument.
These measures will ensure that the policy regimes for natural mineral waters, spirit drinks, food labelling, wine, aromatised wine, GMOs and animal imports remain able to operate. With the exception of natural mineral waters, where we have consulted extensively, this instrument makes technical or operability corrections ensuring that these regimes continue to function as intended. I beg to move.
Baroness McIntosh of Pickering (Con)
My Lords, I welcome the regulations, and given my heritage—born in Edinburgh—find particularly pleasing those concerning Scotch whisky exports, which obviously boost trade for the whole country.
From my Question earlier this week, the Minister will be aware of my interest in traceability and labelling. Unfortunately, we did not have time to explore it then. I am grateful to him for setting out the thrust of the statutory instrument. He went to some length to explain that this instrument is technical in nature and makes no public policy changes, but he will be aware of the fact that the 19th report of Sub-Committee B of the Secondary Legislation Scrutiny Committee states very clearly that the regulations give rise to issues of public policy likely to be of interest to the House. Therefore I am grateful that we are having the opportunity to debate them today.
North Yorkshire is still smarting from the fact that Shepherds Purse Cheeses used to produce a very popular cheese called Yorkshire Feta, which, not being produced in Greece, fell foul of the GI, and so for a time was called Yorkshire Fettle. To my embarrassment, I am unsure how it is marketed now.
Can the Minister provide an assurance that we will continue to follow the Cocoa and Chocolate Products (England) Regulations 2003? I do not necessarily blame the Government for the volatility of the pound, but we have seen changes to the pound since the result of the referendum was known, and, over the last two weeks, increasingly volatility. This has huge implications for cocoa and chocolate products. The Minister will be aware, for example—without naming a producer, because other products are available—that we tend to introduce milk chocolate here with a lower cocoa content and a higher oil vegetable fat content. I am seeking an assurance that we will continue to be aligned with the European Union rules regarding cocoa and chocolate products, and in particular, their content, insofar as these regulations relate to that.
Baroness Byford (Con)
I thank the Minister for introducing the first of these amendments. I have two issues that I should like to follow up on. The first is about geographical indication. I see from the brief that the UK has some 86 product names already in being; it cites Scotch whisky, Welsh lamb and Cornish pasties. I would love to have had Stilton cheese and Melton Mowbray pork pies in there, coming as I do from the Leicestershire end. Can the Minister clarify that this will in no way restrict new products from becoming listed?
Secondly, I am grateful for what he said on the GMOs, and accept the importance of labelling. But again, looking to the future with the same rigour, I trust that new developments will not be precluded. Again, I should like some clarification, but I welcome this amendment.
Lord Gardiner of Kimble
My Lords, I am most grateful for all the comments that have been made. I agree that they cover issues beyond the statutory instrument, which, as I said, enables regimes to be operable. The subject matters are very important. I can say immediately to my noble friend Lady McIntosh and the noble Baroness, Lady Jones of Whitchurch, that, yes, we will continue to follow the Cocoa and Chocolate Products (England) Regulations 2003. Of course, the whole proposal for beyond this afternoon’s debate is that we are not seeking, with these SIs coming through the withdrawal Act, to have any policy changes at all. We will continue with that.
On the question of geographical indications, on which a number of points were made, I entirely agree with my noble friend Lady Byford that, perhaps of the 86, Stilton was definitely most worthy of comment. However, I think that all of us, and beyond, recognise that we have some extraordinarily wonderful produce from all parts of the United Kingdom. We should celebrate them. I assure your Lordships that the GI schemes that will come into force in the UK on the day that we leave the EU will guarantee that UK GIs will remain fully protected in the UK. There is absolutely no question that suddenly these extraordinarily important products would have to share their centuries-old heritage with others.
The forthcoming GI legislation will also ensure that the UK continues to comply with these obligations as a member of the World Trade Organization, including under the TRIPS agreement on intellectual property. That is vital in empowering the UK to strike new trade deals with other countries, a number of which are due to come into force on exit day. Yes, we wish to cherish the GIs that we have, but we also see every merit—I am sure that this is the case around the world—in ensuring that there is scope for new produce to be a celebration of wherever it comes, as in this country.
A number of points were raised on GMOs. Although this is about operability, a number of your Lordships raised the issue more generally. An important point was made about the ability to make changes to allow the UK to keep pace with technological advances and labelling requirements in the international arena. It is important that we are in a position, through this SI and beyond, to ensure that we can attend to any necessary changes. The devolved Administrations may make their own amendments or, as we have often seen with these SIs—I think that this will continue—the Secretary of State may do so on DAs’ behalf with their agreement.
The noble Baroness, Lady Jones of Whitchurch, asked about expertise in this area, as did the noble Lord, Lord Trees, my noble friend Lady Byford and the noble Baroness, Lady Bakewell. The current situation is that the European Food Safety Authority issues an opinion on an application. For the UK, the EFSA opinion is considered by the Advisory Committee on Releases to the Environment. ACRE is a statutory body of experts providing independent scientific advice to UK Ministers on potential risk to the environment caused by any GMO.
To emphasise the importance of the scientists involved, I can report that ACRE comprises nine independent scientists with expertise in a range of disciplines, including ecology, microbiology, entomology, soil biology and biochemistry, plant pathology, genetics and plant biochemistry, medical microbiology and human infection, molecular biology, genomics and systems biology and synthetic biology. The Food Standards Agency considers the application in terms of safety as food and feed. ACRE’s advice informs the UK’s vote from the environmental perspective. That is how it has been, with that statutory body of experts.
Going forward, EFSA’s opinions are publicly available, so we will continue to have access to them, and ACRE will continue to advise the UK Government on the environmental aspects of applications made for, for example, any GM crop. The final decision will now be made, as I say, in the United Kingdom, but I emphasise that the Government place the greatest importance on environmental protection, all of it based on independent scientific expertise of the range that I outlined—I am sorry that it took a little time, but I wanted your Lordships to know that the range of expertise covers almost every area that could be interconnected with these matters.
The noble Lord, Lord Trees, raised the question of inspections. On imports from the EU, we have decided that the risk will not change on day one. There may not be reciprocity but we will not change our arrangements, because we do not believe that there are any new risks to UK biosecurity. The only additional inspections that we will have for imports will apply to live animals, animal products and high-risk food and feed not of animal origin that originates from a third country and travels through the EU before arriving in the UK. We are considering options to minimise regulatory duplication for transits entering the UK via the EU, and I confirm that there will be no change to the level of expertise required at UK BIPs. We are conscious of the flow of trade, but we need to base all our judgments on biosecurity risk as well. The Chief Veterinary Office, who constantly advises me and the Government on such matters, is absolutely clear that there is no risk.
The noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Trees, raised a number of other points. I absolutely understand the sensitivities of the Northern Ireland issue. I emphasise that we remain focused on securing a deal that will guarantee no hard border. We have always been clear that the unique social, political and economic circumstances of Northern Ireland must be reflected in any arrangements that could apply in a no-deal scenario. In the event of no deal, we will do everything possible to avoid a hard border between the north and the Republic and to uphold the Good Friday agreement. Therefore, today we confirm a unilateral approach to checks, processes and tariffs. That approach will of course be temporary, but if there is no deal we will not introduce any new checks or controls on goods crossing from Ireland to Northern Ireland, including any new customs declarations for goods.
I obviously hope very much that the same will be reflected by the EU and the Republic but, as I said during Questions earlier this week, a deal involves two parties. In making that pragmatic decision, we have behaved correctly. We have been told that there will not be reciprocity on natural mineral water, but we took the view that we would continue to accept it from the EU. Yes, that recognises consumer choice but it is important to recognise our pragmatic approach. There is absolutely no intention to see some trade war or dispute emerge. We are clear that the Secretary of State has the ability to withdraw recognition but, in practical terms, with this SI and beyond we have seen a collaborative approach between all home countries. That is the point rightly raised by the noble Baroness, Lady Jones of Whitchurch. After the guaranteed first six months of rolled-over recognition, all the home countries would need to agree—I hope that it will not be the case, but this is the provision—that there might be a time to give notice, as stated in the instrument, and how long that notice would be. Again, I say that the UK has been pragmatic and certainly does not seek anything other than a meaningful and strong relationship in this case, the drinking of natural mineral water. I absolutely endorse what the noble Baroness said: I find it curious how much water we import. Think of the imported water miles, when we have Buxton, Highland Spring and Welsh water—
Baroness Jones of Whitchurch
I am sorry to interrupt the Minister as he gathers his final thoughts, but it was remiss of me, since we strayed into the science of GMOs, not to have declared as interest as the chair of Rothamsted Centre for Research and Enterprise, part of Rothamsted Research, which does research into GMOs.
Baroness McIntosh of Pickering
I am a member of the All-Party Group on whisky and food, do receive hospitality, and had dinner with a chocolate company, which was not concerned by what we have discussed today.
Rural Development (Amendment) (EU Exit) Regulations 2019
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The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, it is appropriate that I declare my farming interests, as set out in the register. The matters in the four instruments are closely interrelated; I hope it will be helpful to your Lordships if I speak to all four together. These instruments amend retained EU law and domestic legislation to ensure that rural development payments and maritime and fisheries payments can still be made after exit day. These amendments will maintain the effectiveness and continuity of EU and domestic legislation that would otherwise be deficient following our exit.
These changes are necessary to enable rural development programmes, partially funded by the European Agricultural Fund for Rural Development, and the maritime and fisheries operational programme, partially funded by the European Maritime and Fisheries Fund, to continue operating effectively in the United Kingdom following exit, until their closure at the end of the 2014-2020 programming period. There will be an opportunity to consider the scheme-specific regulations for the European Maritime and Fisheries Fund at a later date, as these are made operable in the Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019.
There are currently four rural development programmes operating in the UK, one in each Administration, providing funding for rural businesses, farmers, land managers and applicants living in a rural community with the intention of growing the rural economy, increasing productivity and improving the environment. The maritime and fisheries programme is UK-wide and promotes growth in the sector by providing funding for sustainable fisheries, marketing and processing and sustainable aquaculture, among other matters.
There are two European funds relevant to these instruments: the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund. The former supports the delivery of rural development in the UK and is worth some £430 million per year over the programming period. The latter promotes a competitive, environmentally sustainable, economically viable and socially responsible fisheries and aquaculture sector, which is worth some £32 million per year. The UK Government have guaranteed that any projects funded from the 2014-2020 allocations from these funds will be funded for their full lifetime.
The changes made by these instruments are necessary to ensure that the Government guarantee can be honoured and payments can continue to be made to agreement holders using domestic funding in place of funding from the EU. They provide certainty to individuals and businesses currently receiving rural development and maritime and fisheries funding or considering applying for funding during the current 2014-2020 programming period.
The Rural Development (Amendment) (EU Exit) Regulations 2019 amend the EU regulation that provides the general rules and structures governing support for rural development, providing payments to be made to agreement holders and laying down rules on programming, networking, management, monitoring and evaluation.
The Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019 amend the implementing and delegated provisions made under the main rural development EU regulation and four implementing decisions approving the rural development programmes for each of the devolved authorities.
The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 amend the EU regulation that sets out the shared framework for all the European structural and investment funds, but only as far as applies to rural development and maritime and fisheries.
Finally, the European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019 amend the supplementary provisions for European structural and investment funds for rural development and maritime and fisheries that are not dealt with elsewhere.
I emphasise that all these instruments remedy the deficiencies in the regulations to ensure that they continue to operate effectively when we leave. They do not introduce new policy, are technical in nature and preserve the current regime for supporting rural businesses, environmental land management and sustainable fisheries, among other matters. The amendments include omitting deficient references to the European Commission and member states and replacing them with references to either the UK or the relevant authority, as appropriate. The instruments also amend references to “Union law” throughout, so that the relevant EU regulations continue to operate effectively as part of national law. Provisions that are deficient because they are time-limited and under which the relevant actions have occurred have also been omitted, such as provisions relating to ex ante evaluations that have already been completed and provisions relating to prefinancing paid out when the programmes were initially set up. In addition, references to European institutions such as the European Investment Bank are also omitted.
One purpose of these modifications is to ensure continuity and clarity as to which public bodies have responsibilities towards the programmes. The obligations and discretions placed on member states will continue to be exercised after exit by relevant authorities in the UK. In this context, “relevant authority” means: the current managing authority of the maritime and fisheries operational programme, the Marine Management Organisation; the Secretary of State in relation to the Rural Development Programme for England; Scottish Ministers in relation to the Scottish Rural Development Programme; Welsh Ministers in relation to the Rural Development Programme for Wales; and the Department of Agriculture, Environment and Rural Affairs in relation to the Northern Ireland Rural Development Programme.
As noble Lords are well aware, agriculture and fisheries are devolved policy areas and are of special importance for all parts of the kingdom. We have worked closely with the devolved Administrations to produce these instruments; they place great importance on them and have given them their full support. I repeat that these statutory instruments are required for the continued operation of the rural development programmes and the maritime and fisheries programme. Without them, there would be no legal powers to make payments to fulfil the promises that these important programmes will continue. I beg to move.
Baroness McIntosh of Pickering (Con)
My Lords, I thank my noble friend for bringing forward this little group of statutory instruments. I shall pursue what was raised in Sub-Committee B’s report—the 18th report from the Secondary Legislation Scrutiny Committee. The Sub-Committee has invited this Committee to probe for more financial information. I have a series of questions and I shall try not to repeat myself.
There will be schemes that have finished, and new schemes that will commence but end after a key date—that could be 2021-22. What advice are my noble friend and his department giving to those who may be in a position to enter a new scheme but are reluctant to do so, since they are not sure whether it will complete and what the funding will be for it? My understanding is that there are schemes that fall into that category, and concern has been raised.
Paragraph 7.5 of the Explanatory Memorandum to the rural development regulations says:
“On EU exit, the UK will seek reimbursement from the EU for all CAP payments made to beneficiaries up to 29 March 2019”.
On what basis? We are still members of the European Union, so I would just like to know what the legal basis is for that. It seems very odd, because we are committed to the EU schemes between 2014 and 2019. It says “up to”, so I just ask for clarification, because I do not understand what the legal basis is. It goes on to say:
“Thereafter, such funding will be provided by HM Treasury”.
I know this is of great interest to the farming press and the farming community generally. What is the budget from which those funds will be provided, going forward?
The paragraph goes on:
“The UK Government has guaranteed that any EAFRD projects, where funding has been agreed before the end of 2020, will be funded for their full lifetime”.
Again, it would be helpful to know where these funds are coming from. It continues:
“The guarantee also means that Defra and the devolved administrations can continue to sign new projects this year and during 2020”.
What will be the duration of those schemes? Again, where will the money come from? It goes on:
“In addition, the Government has pledged to continue to commit the same … total in funds for farm support until the end of this Parliament, expected in 2022”.
This has been exercising me for some time. The Government have consistently said that we are committed to paying money until the end of this Parliament, which is expected in 2022. It begs the question: if a general election—heaven forfend—is held before 2022, possibly this year, does that leave the door open for a newly elected Government to cease to pay those funds for those three years, from 2019 to 2022, particularly if there is a change of Government? It is just not clear and it gives us the opportunity to clarify that this afternoon.
Brexit: Food Labelling and Food Safety
Baroness McIntosh of Pickering Excerpts(5 years, 2 months ago)
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Baroness McIntosh of Pickering
To ask Her Majesty’s Government what plans they have to ensure that food labelling enables traceability and for the United Kingdom to participate in the Rapid Alert System for Food and Feed following the United Kingdom’s withdrawal from the European Union.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, food traceability is required by law and enabled by accurate record-keeping at all stages of the food supply chain, supported by mandatory on-label requirements. Existing traceability and supporting labelling requirements will be carried over into UK law through the European Union (Withdrawal) Act, ensuring continued high levels of safety. While comprehensive contingency plans are in place, the Government remain committed to negotiating full access to RASFF, recognising that continued data sharing will be mutually beneficial.
Baroness McIntosh of Pickering (Con)
My Lords, I am grateful for that Answer. My noble friend will be aware that every 10 years or so, there is a potential food scare—I am thinking of BSE, foot-and-mouth and the fraud scandal of horse-gate. At the moment, there are 10 food alerts each day and Britain is one of the major beneficiaries from the European rapid alert system. Will my noble friend ensure that our remaining part of that scheme is concluded at the earliest possible time and if we crash out of the EU without a deal, we will take precautions? This is not the time for the UK to go UK-centric. We need to keep our food as safe as possible for both human and animal consumption.
Lord Gardiner of Kimble
My Lords, I entirely agree with my noble friend. It is absently paramount that there is confidence in our food and I believe that the FSA is well equipped to provide that. It has been upscaling to increase its capacity and capability. Of course, the optimum is that we should remain part of RASFF and in point of fact it is mutually beneficial because we are one of the most active contributors to it. However, we are also strengthening our links through the WHO’s INFOSAN network, enhancing stakeholder engagement and improving through the FSA’s strategic surveillance programme. I absolutely take the point that it is paramount that our food remains safe, and we are ensuring that.
Animal Welfare (Service Animals) Bill
Baroness McIntosh of Pickering ExcerptsFriday 1st March 2019
(5 years, 2 months ago)
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Baroness McIntosh of Pickering (Con)
My Lords, I congratulate my noble friend Lord Trenchard and my right honourable friend Sir Oliver Heald for bringing forward a very timely Bill. It is also a delight to see PC Wardell and Finn in the Chamber. That gives us an opportunity to thank police officers and their heroic hounds for all the work they do. I welcome the Minister, my noble friend Lord Gardiner, to his position at the end of what has been a particularly busy week for his department in the House of Lords.
This Bill is especially welcome because it will close a loophole, but I would like to press my noble friend on a number of details to ensure that it is not only small and perfectly formed, but that it will cover all current and future circumstances that may arise. What the case of Finn has demonstrated is that while such attacks are not a frequent occurrence, they create a wave of public revulsion and we need to respond to that in a timely way.
I associate myself with the changes that were brought to the Dangerous Dogs Act 1991 in the Anti-social Behaviour, Crime and Policing Act 2014. The Dangerous Dogs Act itself showed that when all parties subscribe to a particular piece of legislation without proper scrutiny, sometimes we have to revisit it. That Act is very much a case in point.
I pay tribute to the work of Defra and the Environment, Food and Rural Affairs Committee, on which I have served. We looked closely at preventing attacks and creating a stronger offence and penalty for attacks on guide dogs and assistance dogs, as has been referred to so eloquently by my noble friend Lord Holmes. I will spare his blushes, but while it is fair to say that my noble friend and the noble Lord, Lord Blunkett, are particularly popular Members of your Lordships’ House, they cannot compete with the popularity of Lottie and Barney as their companions.
The Government have committed to introducing legislation to increase the maximum penalty for animal cruelty from six months’ to five years’ imprisonment. I understand that as recently as 8 February, the Government stated in the other place that they will introduce legislation to this effect when the parliamentary agenda and timetable allow. Is this not that moment? Does the parliamentary timetable on a Friday morning not allow for a small amendment to incorporate that sentence? It would send out shockwaves and give teeth—if you will pardon the expression—to this Bill. Will my noble friend consider whether this is the opportunity to increase the maximum penalty for the offence from three years’ imprisonment—under the Animal Welfare Act 2006, as I understand it—to five years? That would complete the work of my noble friend Lord Trenchard and Sir Oliver.
Also, as my noble friend mentioned, can the Minister confirm that all military service dogs will be included, as appropriate? I was MP for the Vale of York for five years, and a number of animals policed the RAF establishment. They do a fantastic job of work, often in the background. Will they be covered by this law? If not, could we amend the Bill, ideally by the Government bringing forward an amendment that we could all support to extend this provision to all military service dogs, as my noble friend suggested.
Does this Bill covers police horses? Finn suffered horrendous injuries, but horses have also been injured. Those injuries may not have been fatal or life-threatening, but there is the potential for that. Can we close that loophole as well, before we need to introduce another law after a future tragic incident? Will my noble friend look favourably at bringing forward a government amendment to extend this provision to horses—unless he can confirm that horses are covered? The point is not made clear in his department’s Explanatory Notes or in the excellent notes prepared by the House of Lords Library, for which I am grateful. I am sure that we would all support such an amendment.
I conclude by adding my congratulations to my right honourable friend Sir Oliver, whose work is being carried forward today by my noble friend Lord Trenchard. I enthusiastically support the Bill because it recognises the work of heroic hounds such as Finn, and their heroic handlers like PC Wardell.
Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment etc.) (EU Exit) Regulations 2019
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Lord Trees (CB)
My Lords, I thank the Minister for his explicit and clear explanation of these regulations. I have very little quibble with them, but just a few points. As he emphasised, a significant change is to require the holders of market authorisations to be registered in the UK. This will impose a small burden. About £100 was estimated in the Explanatory Memorandum, which seems extremely reasonable and justified, because this measure is required to bring the market authorisation holders under UK legal jurisdiction. That is clearly extremely important to protect animal health and public safety.
The monitoring of residues, to which the Minister referred, is extremely important. As he mentioned, it is devolved. Can he tell us which processes are, or will be, in place between the devolved authorities in the UK to ensure that we maintain consistent levels and standards, so as not unduly to interfere with internal trade within the UK? I was going to ask the Minister about the concerns raised by your Lordships’ Secondary Legislation Scrutiny Committee in relation to the lowering of standards, but I accept his assurance that those concerns are unfounded.
Finally, I make a plea to the Minister, which I am sure he will fully understand. These regulations will significantly increase workload for the regulatory departments in our pharmaceutical companies, which form an important industry in the UK. I ask him to ensure that at least some degree of understanding and flexibility applies to the government agencies responsible for interacting with those companies. All in all, however, this is a very satisfactory SI.
Baroness McIntosh of Pickering (Con)
I congratulate my noble friend the Minister on introducing this SI. I am not a vet but an associate fellow of the British Veterinary Association, and I am grateful for the briefing it has given me for today’s purposes. I want to press the Minister on the question of the potential cost. Historic and current approvals will obviously remain in place, but can he put my mind at rest on what the future cost will be? Can he also assure the Committee that the SI before us this afternoon will not potentially raise a barrier to trade?
In particular, I understand that the previous harmonisation and mutual recognition of products will not necessarily go forward. It is good that we are being nice about products coming this way, but will the Minister ensure that those going the other way will be equally assured? I understand that reciprocity will not be guaranteed in the event of no deal. I do not disapprove of the SI; I understand the absolute need for it, and welcome it. But what is happening to ensure reciprocity going forward?
Can my noble friend also give a hint to the Committee—this could be in the SI; I might have missed it—of what the cost would be of placing a veterinary product from the UK across the EU? That would be most helpful to know, as I understand that there will potentially be additional costs going forward. Could this lead to some companies, which might otherwise have chosen to establish themselves in the UK, choosing not to do so? This is one of the concerns that was expressed by the Secondary Legislation Scrutiny Committee Sub-Committee A, as it could mean a reduction in the number of veterinary medicines being available after exit. I assume this is something that the SI deals with. There are two sides to the coin. One is that a new product is going to cost more to be placed in another EU member state, or potentially an EEA country, even in spite of this. The flip side is that a company that may have wished to place itself in the UK may have second thoughts about doing so. Will this cover the situation if there is no deal, as the statutory instrument before us will presumably replace what would have been a transition period?
Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019
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Baroness McIntosh of Pickering (Con)
My Lords, I welcome these two sets of regulations, one of which is clearly more substantive than the other. I would note that the value of exports of animals and animal products is currently running at £6.7 billion, so this is not an insignificant trade. I have some questions for my noble friend.
Concern has been expressed by the British Veterinary Association and others—this is also mentioned by Sub-Committee B of the House of Lords Secondary Legislation Scrutiny Committee—that there could be a hurdle. My first question is this: if we pass this statutory instrument today, will it take immediate effect, thus ensuring that there will not be any form of hiccup? I have read that it could take six months for Britain to be listed as a third country. Does this statutory instrument prevent any hiatus occurring? I hope that my noble friend can reassure the Committee today that our exports will continue. It has been put in terms that the UK may not be permitted to make the application to become a third country until after 11 pm on 29 March—if that deadline is upheld. The briefing from the BVA goes on to state that the process can take several months, while according to the National Farmers’ Union, Defra itself has indicated that the process could take up to six months. It would be reassuring to know that that is not the case.
My noble friend will be aware of my concern especially about racehorses. He mentioned that the statutory instruments before the Committee relate to imports. That begs the question: what is the position as regards exports? We have the tripartite agreement which relates to racehorses, presumably covering racing, breeding and so on. What is the position as regards exports under this instrument? Are we going to have a separate SI to cover that aspect, or have I missed something here? Can my noble friend assure me that our racehorses will be able to go to Ireland and France to compete in races on 30 March and beyond?
I turn to passports for pets. What reciprocal arrangements are in place? Again, my noble friend has reassured the Committee adequately on the position of dogs and other animals coming into this country, but if someone wishes to take their pet to an EU country on 30 March, will that still be the case? Where are we as regards reciprocal arrangements for pet passports?
I would like to put down a marker. I know that my noble friend and the department are coming under great pressure to ban the trade in live animals. I would like to be first out of the stalls—to use a racing analogy—that we do not want to see an end to the trade in live animals. I presume that these two statutory instruments should put my mind at rest in that regard.
In introducing the two sets of regulations, in particular as regards the plethora of regulations that they are amending, my noble friend has said that we want to ensure the safety of food and animal products coming into this country. What progress has been made on our remaining within the European Food Safety Authority and signing up to the rapid alert system for food and feed scheme? My noble friend will be aware of my interest since I followed the “horsegate” scenario in 2013 very closely. Obviously, we want to make sure that there is no possibility of that arising again after March this year.
With those comments, I thank my noble friend once again for introducing these two important sets of regulations.
Lord Rooker (Lab)
My Lords, I had not intended to visit the Grand Committee on these SIs today because, as the Minister said, there are no major policy changes. I declare an interest—it is not an interest, really—because I am a member of sifting committee B, helping the world go by with statutory instruments.
We published a brief note on these two SIs in our 15th report and I wish to raise a couple of points which I did not know about until earlier this morning. It is not without significance that the medicine SI we debated earlier and this SI started life as negative instruments from Defra, which did not want them debated. That was the view and that is what it is all about. These two SIs were upgraded following the sifting process.
Defra has about 10% of the instruments we have seen and recommended for sifting. It has agreed all the recommendations—I am not complaining about that—but I wish to address a point which was raised with me this morning by Friends of the Earth. While I have been sitting in the Room, I have realised that exchanges have taken place between Defra and Secondary Legislation Scrutiny Committee officials. I want to put on record that Friends of the Earth have sent a note about several matters, including incoherent amendments and drafting errors.
In relation to the Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019, the Friends of the Earth note states:
“Regulation 50 … amends the Commission Regulation 2018/659. Regulation 50(13) of the 2019 Regulations omits Article 12(2) of the 2018 Commission Regulation which requires that when checks on live horses coming into the UK return inconclusive, they should be subject to a definitive testing for African Horse Sickness and a list of other diseases listed in Article 11(1) which is retained”.
To cut a long story short, Article 12(2) is omitted and not replaced and there is no mention of it in the Explanatory Memorandum. Is this the case?
While the lawyers from Defra were not available earlier today, I understand that the policy lead believes it has fully copied across into the SI the provision from the EU regulation that requires that when checks on live horses coming into the UK return inconclusive they need to be retested. That is the point I want the Minister put on the record. There should be no weakening of testing arrangements, but if Defra has not copied across something then it will be somewhere else. I found this enormously complicated instrument as I tried to go through the aspects raised by Friends of the Earth.
I shall not go through the details of what Friends of the Earth has said—I am quite happy—and I presume it has sent a copy of the note to the Minister. However, there are references to changes in regulations which do not exist. Regulations 7, 26 and 32 all refer to amendments and points which do not exist; they modify something which does not exist. I am quite happy to leave the note for the Minister and his officials. I do not want to go over issues that would not be suitable here.
The central issue is that some people have looked at this and thought, “Hang on a minute, we have not fully copied across but policy lead thinks we have”. I thought it worth while to raise the point because, if it gets out there, you cannot pull it back if it is wrong. If it can be satisfactorily dealt with here, it would be for everyone’s convenience.
Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
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Lord Adonis (Lab)
My Lords, we are expected to consider these statutory instruments in Grand Committee this afternoon about no deal, but imminently the Chamber will consider another string of statutory instruments regarding no deal at the same time. Incapable as I am of being in two places at once, I want to put on record that I think that situation is totally unacceptable. The more important business is of course in the Chamber, because it can actually approve the regulations rather than simply debating them. I think this is now the fourth time that this has happened. Last time, I made representations to the Government Chief Whip and the Opposition Chief Whip, but clearly those representations have not been effective—otherwise we would not be in this situation again today.
I do not intend to take any further part in the Grand Committee this afternoon, because I need to be in the Chamber, but I intend to speak on these regulations when they come to the Chamber, not least because there is very sparse attendance in the Grand Committee this afternoon, and I think other noble Lords would have wished to be here if they did not have to attend to their duties in the Chamber. I regard this debate as essentially unreasonable, in that it has been scheduled alongside the debates taking place in the Chamber. I do not think they will be able to substitute for the debate in the Chamber because they are happening at the same time.
Baroness McIntosh of Pickering (Con)
My Lords, I thank my noble friend for bringing this statutory instrument forward. He will be pleased to know that I do not oppose it; I just have a couple of questions. I remind the Committee that I chaired the Environment, Food and Rural Affairs Select Committee next door for one term of five years.
My noble friend set out very clearly the importance of aquatic health to the whole of the island of Ireland. My question goes to the heart of this. I presume this is a no-deal statutory instrument; is that correct, or is it something that will continue in the event of a deal? I read with great interest of the trade deal that has been made with the Faroe Islands. I have visited those islands. I am very proud of my Danish heritage and that the Faroe Islands used to be a part of Denmark. I was intrigued to see that the United Kingdom is selling £6 million-worth of goods to the Faroe Islands, but importing £200 million of goods from them, most of which is fish, particularly shellfish. I understand that a lot of this is crabs. Will this pose a problem for Northern Ireland? Specifically, is the MSC the body that will continue to check all imports from what will effectively be third countries, including other European Union countries—the remaining 27 members of the European Union—at the point of entry? I should know the answer to this, but making the analogy with the Food Standards Agency in England, I want to ask what the relevant body will be and whether my noble friend shares my concern about ensuring that we maintain the excellent aquatic health that Northern Ireland currently has.
In paragraph 7.5 on page 5 of the Explanatory Memorandum—I think this is repeated in the next statutory instrument as well—I was delighted to see that the Government have very wisely chosen to maintain the equivalent or higher standards set by the World Organisation for Animal Health; I will not say it in French, even though I am quite proud of my French accent. I hope that is something that the Government intend to do going forward; I am sure we will discuss this. I am sure my noble friend agrees that it is absolutely vital that we maintain regulations regarding aquatic health in the EU. This is relevant because these will be third-country imports from the date of our leaving, if we leave with no deal.
Lord Teverson (LD)
My Lords, it is always with some sadness that we deal with a Northern Ireland issue, a part of this country that voted remain quite decisively yet is completely unrepresented in the other place. In fact, it is represented by a very extreme party of Brexit. However, we are where we are.
I say to the noble Baroness, Lady McIntosh, that in my Select Committee this morning we looked at the Faroe Isles FTA and have brought it to the special attention of the House. It would be quite useful to debate it on the Floor of the House, even though it is only our 144th trading partner worldwide.