Kew Gardens (Leases) (No. 3) Bill [Lords]

Debate between David Rutley and David Drew

2nd reading: House of Commons
Monday 24th June 2019 Commons Chamber

[David Rutley]

With the leave of the House, I will respond to the debate. Indeed, it is my pleasure and privilege to do so. I think there was one other Bill that the hon. Member for Stroud (Dr Drew) had in mind as well.

[Dr Drew]

The Bill on animal sentience—I could throw that in there as well.

[David Rutley]

There we go. As the hon. Gentleman knows, I am a reasonable man, and I am trying my best to move forward with this legislation. With support from the Opposition, Government Members and those across the House, we are making progress. Hopefully we can make more.

The hon. Gentleman is right to say that it is appropriate to hold the Bill’s Second Reading ahead of the climate change debate. I wish to join him in welcoming the hon. Member for Midlothian (Danielle Rowley) to her place. It is also good to see my hon. Friend the Minister for Energy and Clean Growth in his place for what will be another important speech.

I want to respond to many of the points made in the debate. With characteristic enthusiasm and passion, the hon. Member for Ealing North (Stephen Pound) has persuaded people at Kew in no time at all that it is entirely appropriate for a group of MPs to come along. They would indeed like to extend that invitation to Members here, so I hope that he can join us on that occasion. It is rare for our suggestions to be put into action so quickly, but the hon. Gentleman has managed it.

My right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) mentioned low-carbon transport. Kew’s transport policy is, of course, not within the scope of the Bill, but we will pass on his comments to people there. My hon. Friend the Member for Camborne and Redruth (George Eustice) talked about extending the leases; I responded by saying that leaseholders could apply to replace the original lease with a new one of no more than 150 years. The hon. Member for Stroud also asked which properties would be included.

My hon. Friend the Member for Richmond Park (Zac Goldsmith) made a very important speech; I say a huge thank you to him for his remarkable work and support for Kew over the years. He also does a huge amount on the wider debate about biodiversity and climate change, for which many Members—not least DEFRA Ministers—are extremely grateful.

Of the properties that we are talking about today, five are currently let on a one-year lease following renovation work, partly funded by a loan, and two are unoccupied and require substantial renovation to bring them up to a habitable condition or make them fit to become office accommodation. In the first instance, Kew would like to focus on that portfolio of properties, particularly the unoccupied properties. That portfolio can itself generate a capital sum or remove liability for renovation or maintenance works—a cost avoidance of about £15 million over a 10-year period.

The hon. Member for Stroud also asked about funding and what would be done with it. The Government’s intention is for Kew to receive the income to support its mission, including investment in its infrastructure and the quality of the world heritage site itself. Although I cannot prejudge the outcome of the forthcoming spending review, the importance of Kew’s mission and of securing the institution’s future means that my Department will be working closely with Kew to put forward the strongest possible case. That includes significant investment in digitising Kew’s herbarium collection, which the hon. Gentleman called for and which my hon. Friend the Member for Richmond Park said was so important, so that it can be conserved securely and be globally available.

Kew’s work is vital for our biodiversity and in tackling climate change. The hon. Gentleman can be assured that we will push hard to get the right funding for these tasks. It is vital that we get behind that work and further support Kew, because it is a global centre of knowledge about plants and fungi, and that should never come under any question. Given my remarks, I hope that the hon. Gentleman and other Members will be assured that we are in this for the long term. We need Kew to thrive and survive, and the Bill will help it do just that.

I hope that Members are now fully aware of the necessity of the Bill and the benefit that it will bring to the Royal Botanic Gardens, Kew, and the wider role played by Kew generally. I also hope that hon. Members feel reassured that proposals under any new lease will be subject to scrutiny by trustees, the Secretary of State and through the planning process with the local planning authority, as well as being in line with Kew’s world heritage site management plan.

It is an honour to have participated in this debate. We care passionately about Kew, and we are grateful to the team there for their important work—I think everybody would echo that—and for their sheer enthusiasm.

Pet Identification

Debate between David Rutley and David Drew

Monday 17th June 2019 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

Sir Roger, I know that you have a real and sincere interest in this subject, so it must be difficult for you to sit in the Chair during the debate, but we know that you are with us in spirit and want to improvements to be made in this area.

This has been an important and fascinating debate. I have learned more about the names of hon. Members’ cats than I ever thought I needed to; we have heard of Muffins, Misty and Porridge, but the name that takes the biscuit, and definitely the creativity award, is Bumblesnarf. It is good to hear that we have a good posse of cat lovers here among us.

It is true that cats are cherished members of our families, bringing joy to homes up and down the country, so I understand the distress caused when they become lost or injured, or get hit by a vehicle. We have heard some harrowing stories today about the sense of loss and the need for closure from the hon. Member for Linlithgow and East Falkirk (Martyn Day), who gave a fantastic speech to open the debate. The hon. Member—I should say the omnipresent Member—for Strangford (Jim Shannon) talked about how sad it is to see lost cat posters around and families trying to find their lost ones. My hon. Friend the Member for Aberdeen South (Ross Thomson) spoke of the need to take care of the needs of families and not just the animals.

I thank the Petitions Committee for giving us the opportunity to discuss the important subject of cat welfare, specifically the scanning of cats killed in road accidents. As I said, the hon. Member for Linlithgow and East Falkirk did an excellent job opening the debate. I too will take the opportunity to thank Cats Protection, the Royal Society for the Prevention of Cruelty to Animals, Battersea Dogs & Cats Home, Blue Cross and the scores of other organisations that provide care for cats in all circumstances. These organisations, with the help of dedicated volunteers, do everything they can to reunite and rehome cats in need.

I commend the petitioners, Helena Abrahams and the others who have been so involved with the petition, as the hon. Member for Bury North (James Frith) set out in his early interventions—or perhaps I should say contributions—to the debate, on drawing attention to the importance of the scanning of cats and through that the importance of cats being microchipped. Like many Members of this House, I am sure, I was particularly taken with the examples from the Gizmo’s Legacy team and the terrible accounts of cats killed in road accidents or lost for one reason or another. The hon. Member for Heywood and Middleton (Liz McInnes) talked about the strong support for the petition in her constituency, and of course, north Manchester is not far from Macclesfield, where I live.

In many cases, owners have been unable to discover the fate of their beloved pet, and I understand that that serves to compound their distress. I agree that local councils and their contractors should do everything they can to identify the dead pets that they come across and, where possible, notify their owners so that they are not left in a sorry state of suspense—or worse.

The issues raised in the petition on cats and road vehicles have been the subject of several recent debates in this House, not least the debate in December brought by my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti), whose work championing the cause of cats I wholeheartedly commend. He was also able to raise the subject at Department for Environment, Food and Rural Affairs oral questions on 28 March when the Secretary of State—a cat owner himself—said very clearly, in relation to my hon. Friend’s private Member’s Bill, which we have just discussed, “Bring it on.” Some people might call that making policy on the paw—

[Dr Drew]

Very good.

[David Rutley]

—but I agree with him. We must do all we can to improve cat welfare. The benefits of microchipping are well known; that is why I am planning to issue, when I can, a call for evidence on making cat microchipping compulsory. It will be an important step forward for much-loved cats across the country. I hope that the petitioners and hon. Members here—not least the hon. Member for the beautiful constituency of North Ayrshire and Arran (Patricia Gibson), who made a compelling speech, the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) and the ever-present hon. Member for Stroud (Dr Drew)—will recognise it as an important step that we must take.

Over 107,000 people have signed the petition, which is a reminder of just how well loved our pets are in this country and of how important their welfare is to us. I am pleased to explain the Government’s response to key aspects raised by the petition in more detail. While the petition itself does not specifically call for compulsory microchipping of cats, in common with many animal welfare charities we recognise that microchipping is the key method for identifying a pet and linking it to its owner. On that basis, the Government recommend that any owner should microchip their cat to increase the chances of its being reunited with them if it gets lost. That is also strongly advocated by Cats Protection and other welfare organisations.

In April 2018, we updated the statutory cat welfare code with the welcome collaboration of Cats Protection and others. The code now emphasises the benefits of microchipping cats specifically, and I encourage cat owners everywhere to consider the benefits of microchipping, which can be obtained for a modest fee. In fact, microchipping can even be obtained free of charge: Blue Cross provides free microchipping services at its animal rehoming centres, hospitals and clinics, and other welfare charities do likewise. The hon. Member for Strangford, who often contributes to debates on animal welfare, talked about the Assisi Animal Sanctuary in Northern Ireland, where microchipping is provided free in certain circumstances. That is an important step.

Microchipping technology has greatly improved the chances of lost pets being reunited with their owners. For a relatively small, one-off cost of around £25—or, as I have mentioned, in some cases free of charge—people can have confidence that their beloved pet could be identified if it were lost. As the head of cattery at Battersea Dogs & Cats Home, Lindsey Quinlan, said, while the microchipping procedures are short and simple,

“the return on their value is immeasurable”.

The Government’s statutory cat welfare code therefore promotes microchipping on two grounds. First, micro- chipping gives cats the best chance of being identified when lost; secondly, and just as important, a lost cat that has a microchip is more likely to receive prompt veterinary treatment. In this way, microchipping ensures that cats are protected from pain, suffering, injury and disease, as required by the Animal Welfare Act 2006.

I am grateful to Cats Protection for its support in developing the cat welfare code. DEFRA officials remain engaged and are seeking additional opportunities to promote the benefits of cat microchipping. I intend to work closely with Cats Protection on this, which is why I met the organisation in January to explore how the Government can support this important work. Working with Cats Protection and the wider sector through the Canine and Feline Sector Group, the Government will further strengthen and protect the welfare of cats in this country.

It is because of success stories such as those we have heard today that I am so delighted that the proportion of cats that are microchipped has grown in recent years. Recent figures from the People’s Dispensary for Sick Animals show that 68% of cats are now microchipped, up from 46% in 2011. However, a saddening statistic from a recent survey by Cats Protection suggests that the majority of the cats taken to their adoption centres in the past three years were not microchipped.

Compulsory dog microchipping was introduced in England through secondary legislation in 2016, due to the public safety risk posed by stray dogs as well as the propensity for dogs to stray or get lost. Compulsory microchipping for dogs has been a real success, with a recognised reduction in stray and lost pets as a result, as the Dog’s Trust’s annual “Stray Dog Survey” can attest. That does not mean that cat welfare is less important than dog welfare; as I mentioned, I plan to issue a call for evidence on compulsory cat microchipping as soon as possible and to encourage its uptake even further.

Turning to the key aspect of the petition, the question of compulsory scanning, I recognise how painful it is to lose a pet and not to know what has happened. Under the Road Traffic Act 1988, there is a requirement for drivers to stop and report accidents involving certain working animals, as has already been discussed, including cattle, horses and dogs. As I understand it, adding cats would require primary legislation, which would be the primary responsibility of the Department for Transport, which is the lead Department. However, the highway code requires drivers to report accidents involving any animal to the police, which can help many owners to be notified if their cats are killed on roads. The Blue Cross briefing for this debate clarifies the case for cats well:

“Dogs are required by law to be kept under control i.e. on a lead, therefore, RTAs involving dogs can be investigated by the police to determine whether the owner has broken the law. As cats are legally allowed to roam freely, the owner is not committing an offence.”

There are additional responsibilities for dog owners:

“Legally speaking, dogs are also considered more likely to cause damage to a vehicle, requiring the driver to report the details to the police to establish liability.”

There are differences between cats and dogs and their behaviours. Nevertheless, I am pleased that it is established good practice for local authorities to scan any dog or cat found on the streets, so that the owner can be informed. That is often included as a requirement in street cleaning contracts, as it should be. However, I realise from the information provided by the petitioners and champions of Gizmo’s Legacy that some councils may not be following this established good practice, so I will take this up with the Under-Secretary of State for Housing, Communities and Local Government, my hon. Friend the Member for Richmond (Yorks) (Rishi Sunak). We need to agree how to encourage local authorities to work together, to promote best practice in this area, and to ensure that dead cats are scanned so that owners can be informed of their tragic loss. I will also write to the Local Government Association to set out my concerns and to seek assurances on increased adherence to the guidance.

Cats Protection found, through freedom of information requests, that 80% of respondent councils in England scan animals involved in road traffic accidents for a microchip. However, given the debate we have had, I think it is important that we have a more consistent appreciation of and approach towards this. The right hon. Member for Cynon Valley (Ann Clwyd)—[Interruption.] I always get that one wrong; Hansard will correct it. However, what I do not get wrong is my recognition of her absolute commitment to cat welfare, and animal welfare more generally. I hope she realises that we want to take action in this area and make further progress.

Highways England has clear guidelines for contractors to follow when they find a deceased cat or dog on the national road network. This process is designed with owners in mind, giving them the best chance of being informed that the incident has occurred, and is laid out in the network management manual. I am delighted to say that, in 2015, the necessary arrangements were made in all Highways England contracts for cats and dogs killed on the strategic road network to be collected and identified and for their owners to be contacted, including retrofitting the network management manual so that both cat and dog fatalities are collected and identified where possible. This area is the responsibility of the Department for Transport, so following the debate, I will work with the Minister of State, Department for Transport, my hon. Friend the Member for Northampton North (Michael Ellis), to explore what more the Government will do to ensure that guidance is being followed and what more can be done to help owners to know the fate of their beloved cats.

The hon. Member for Stroud makes a really important point: there is a huge responsibility on all of us who drive cars to consider our speed, because of the danger excessive speed poses not only to other humans but to animals. That point was incredibly well made. A centralised database was also mentioned. We already have a broadly unified microchipping system in the UK: there are 12 databases that meet the requirements of separate regulations in England, Scotland, Wales and Northern Ireland, and we already have working systems that operate together and talk to each other. We can explore that more, but I wanted to reassure colleagues that there are databases that serve the function that we are concerned about today.

I think we all agree that we have had a truly interesting debate. There is clearly considerable sadness when a family pet is killed, and I understand that owners simply want to know what has happened, so that they are not haunted by the possibility that a missing pet might one day return. It is right that we do all we can to encourage local authorities and others to scan the fallen pets that they find, and I will work with colleagues across Government to see what more we can do to promote and encourage good practice in this area.

[Dr Drew]

Can these changes be made by secondary legislation, or do we need to change that Act?

[David Rutley]

I made inquiries on the basis of the points that the hon. Gentleman and others made during the debate. I understand it would need to be through primary legislation; I made the point about adding cats to that Act.

Compulsory microchipping has also been highlighted, and I am taking the first steps forward on that with a call for evidence. I hope that hon. Members, despite their broader concerns, see that we are committed to taking action here. That will be a hugely important step forward, showing our intentions and sending a clear signal to local authorities that more needs to be done, not least in Scotland; if I was in the Scottish Government I would be trembling in my boots waiting for the hon. Member for North Ayrshire and Arran to intervene and take further action there. However, we will take these actions forward, as I discussed.

The Government’s record on animal welfare is strong, and we will continue in that vein. We have a strong commitment to introduce increased maximum penalties for animal cruelty—I am working at the highest levels to move that further forward—and to look closely at the regulation of animal rescue and rehoming centres. As always in the debates we have had over recent months, I recognise the degree of cross-party support for the action being taken. It is because of that that we are able to take much of this legislation forward, and as the hon. Member for Stroud will agree, there is more to do.

We have already introduced stronger animal welfare controls on dog breeding and the sale of pets, including on the breeding and commercial sale of cats. The implementation of Lucy’s law, which bans the third-party sale of puppies and kittens, followed hot on the heels of Government support for Finn’s law, which protects service animals. The Government are committed to protecting and enhancing the welfare of animals, including cats, and we will continue to build on our progress in the coming months and years, hopefully on a cross-party basis like we have seen in recent months.

Wild Animals in Circuses (No. 2) Bill

Debate between David Rutley and David Drew

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 4th June 2019 Commons Chamber

[David Rutley]

The hon. Gentleman sets things out incredibly clearly, as he has done on others Bills I have been involved in. Absolutely—I can categorically say that, at commencement of this Act, those practices will no longer be able to be taken forward, so his campaign will have come to fruition. I hope that reassures him.

Amendment 4 seeks to extend the enforcement powers in the Bill to police constables. A few points have been made, not the least of which were those made by my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning), who is passionate about many things, including these issues. I always have a soft spot for Hemel Hempstead because that was where one of my sons was born. We are all talking about our children today.

[Dr David Drew (Stroud) (Lab/Co-op)]

You just put them in a circus then.

[David Rutley]

I do not know how to take that comment. I think I will move on.

Again, we do not feel that the amendment is necessary if an animal is in distress, when the Animal Welfare Act 2006 already provides powers for the police to respond quickly. The offence we are talking about—a ban on use on ethical grounds; let us keep that in the front of our minds—does not require such an urgent response. It does require a response, but it does not have the same immediacy. It can happen only in the context of a public performance, which will of course take place in a public place. If a travelling circus wanted to break the law, it would have to do so in front of an audience. An inspector could be at the circus in sufficient time, and the schedule provides powers to search for evidence. As outlined in the schedule, that includes questioning any person on the premises, taking samples and taking copies of documents. Indeed, inspectors can seize anything, except an animal, found on the premises that they reasonably believe to be evidence of the offence in clause 1.

We do not believe it necessary to extend these powers to the police. DEFRA has approximately 50 circus and zoo licensing inspectors, who are qualified and experienced in identifying and, if need be, handling species of wild animals. In fact, in Committee, my hon. Friend the Member for Truro and Falmouth (Sarah Newton) made the point that we do have the expertise, and I think it is best to get qualified veterinarians or people with extensive experience of working with captive animals to take care of this work. Few, if any, constables would have that level of knowledge, as my right hon. Friend the Member for Hemel Hempstead pointed out.

In the rare cases where a police presence is needed, as I explained in Committee, the Bill also provides powers for an inspector to take up to two other people with them on an inspection. These could include a police constable, who would be able to exercise, under the supervision of the inspector, the powers of inspection provided in the Bill. Let me assure the hon. Member for Plymouth, Sutton and Devonport and other hon. Members that the guidance DEFRA will issue will also make it clear that police constables are able to accompany inspectors during the inspection, and I have also set that out to him in writing. I hope that gives him and other Members a greater degree of assurance that the police will be able to play a role, as required.

Wild Animals in Circuses (No. 2) Bill

Debate between David Rutley and David Drew

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 7th May 2019 Commons Chamber

[David Rutley]

I thank my hon. Friend for those questions and again acknowledge his work and tireless commitment on this issue. I remember him discussing the issue at length and in depth.

No, the timetable will not slip. Obviously, what was said when we made the commitment to bring the legislation into place was that there would be interim regulations involving licences. There was a sunset clause on those, and we will get the legislation in place so that there is no gap. There have been questions about that matter previously.

On enforcement, this Bill, as I will explain, is based primarily on ethics rather than welfare concerns. It does not have some of the enforcement powers that some people have talked about. However, it is important to note that other legislation is in place—not least the Animal Welfare Act 2006 and legislation from 1976—that will enable us to have those enforcement powers. This Bill complements that: the legislation works together to provide the enforcement mechanisms that my hon. Friend is seeking.

When we first announced in March 2012 that we would introduce a ban on the use of wild animals in travelling circuses, the Government were clear that primary legislation would take time. As I have said, we introduced interim measures—welfare licensing regulations. Those regulations will expire in 2020 and the Government have announced that they will not be renewed. That is why this Bill is being introduced: so that we can deliver with confidence on that commitment.

It might help if I provide a bit of historical context, to put the timeframes into perspective.

[Dr David Drew (Stroud) (Lab/Co-op)]

That will have to be long!

[David Rutley]

Given all the statutory instruments of recent months, I am used to this sort of barracking and harassment from the other side, but I take it in the intended spirit.

The subject matter itself has long been a source of debate: the issue was considered by a parliamentary Select Committee between 1921 and 1922, which resulted in the Performing Animals (Regulation) Act 1925. No Members in the House today were around at that time. As hon. Members may be aware, this Government replaced that Act when we introduced the Animal Welfare (Licensing and Activities Involving Animals) (England) Regulations 2018. Since the 1925 Act was introduced, debates and motions in Parliament on animals in circuses have been commonplace.

As I said, it is important to recognise the work undertaken by the previous Labour Government. During the debates on the Animal Welfare Bill in 2006, the then Government agreed to look at the issue in order to bring forward a ban on the use of certain wild species in travelling circuses using the delegated powers provided in the Animal Welfare Act 2006, subject to there being sufficient scientific evidence to support it. To assess that evidence, the academic lawyer Mike Radford was appointed to chair a circus working group. His report, the Radford report, concluded that there were no welfare concerns over and above animals kept in other captive environments. Therefore, any attempt to take forward a ban on welfare grounds under the Animal Welfare Act would fail the test of proportionality and primary legislation would be needed.

Following the report, a feasibility study was undertaken during 2008 to assess whether regulations were appropriate. The study concluded that a regulatory regime could be devised and implemented. The previous Government issued a public consultation in December 2009 on how best to protect wild animals in travelling circuses and about 95% of respondents supported a complete ban.

Draft Food and Farming (Amendment) (EU Exit) Regulations 2019

Debate between David Rutley and David Drew

Tuesday 26th March 2019 General Committees

[David Rutley]

I will reiterate what I said, because these are important matters: the UK Government have not announced how EU GIs will be treated if the UK leaves the EU without a withdrawal agreement in place. I also said that we look forward to further negotiations on the UK’s future economic partnership with the EU. All these things will be considered in that round.

[Dr Drew]

I apologise, but I meant to mention that the annexe of geographical indicators is where most, if not all, of our specialist branded goods appear. What will happen to those? Will we have our own annexe to some future piece of legislation? Will we still be able to go to the EU and ask it to put various UK products on its list? I do not know if the Minister has a ready answer to that, but that issue was picked up by the Committee.

[David Rutley]

We will create our own UK GI scheme, which will protect UK GIs within the UK. We will publish guidance on the day that we leave. I talked about how we will recognise EU GIs in answer to the hon. Member for Edinburgh North and Leith. All those things will need to be negotiated and reviewed as we go further forward. However, I assure Committee members that we are working closely with key stakeholders, not least the SWA, as we take this work further forward. I promised the hon. Lady that I will meet her to discuss this in more detail. We will fix that up shortly. I know that this is a key interest for her, both in her role as a spokesperson and as a constituency Member of Parliament.

Once again, I am grateful for the contributions that have been made. This SI sets out operability changes that are technical in nature, important as they are. As a result of what has been said, I once again commend this SI to the Committee.

Question put.

Draft Food and Drink, Veterinary Medicines AND RESIDUES (amendment ETC.) (EU Exit) Regulations 2019

Debate between David Rutley and David Drew

Wednesday 20th March 2019 General Committees

[David Rutley]

I thank Committee members for their contributions. I will seek to answer as many questions as I can, so they should bear with me. I seem to be spending more time with the hon. Member for Stroud than my wife at the moment, along with the other three musketeers on the Opposition Front Bench. I am sure that I am spending more time with SNP Members as well. These are important times, however, and we need to get through these SIs because of the momentous changes happening around us—or the potential for them to happen.

The hon. Member for Stroud asked an important question about withdrawal time periods, which are individual to products and the active substances within them. Existing withdrawal periods will not be affected by EU exit. To give some examples, the withdrawal period is seven days for eggs, 28 days for meat and seven days for milk. Hopefully that gives him some assurance.

The hon. Gentleman also talked about MRL fees. The important point to recognise is that the VMD works on a cost recovery basis, so it is looking to do all it can to ensure that it reduces the costs associated with MRL fees in future. I highlighted the cost of those fees, as does the SI, and I assure him that they will be significantly lower once the cost base has been established. That will be done administratively to start with, and put into legislation in due course. They will be much lower, which will of course be welcomed by the pharmaceutical businesses and producers involved.

Another important point I made earlier was that the instrument will ensure that the conversion of the medicines approved by the EMA—there are only 389 of them—to the UK approvals process will take place and that there will be no charge for the conversion. We are taking every possible step to ensure that the transfer of powers takes place and that the costs are lowered, to be more in line with the costs associated with them. In relation to conversions, the hon. Gentleman asked whether the products would be recognised in the EU market. EMA products are already approved in the EU; all other products are authorised on a national basis in the individual member state. As now, companies will need to apply to market products in the EU.

The hon. Gentleman raised a number of questions about geographic indications and whether single-step scrutiny was sufficient. I assure him and other hon. Members that the reduction to a single step will not reduce the rigour of the process. The EU process has two phases because it needs to allow for a national and an EU-level step—that is the way it has been set up. In future, we can do the same job in a single phase, but no less diligently. In fact, having a single-step process will reduce the burden on applicants, which can be considerable. I hope that addresses some of his points.

The first-tier tribunal is administered by Her Majesty’s Courts and Tribunals Service and was set up to handle appeals against administrative decisions made by Government regulatory bodies, among other things. Appeals on GIs are therefore part of its core business and experts can be appointed by the court. I hope that answers the hon. Gentleman’s question.

[Dr Drew]

I accept what the Minister has said, but this is very different work for the courts and tribunals system—very specialised. Will it be looking to appoint people who have particular knowledge of food and the food chain? Otherwise, it is going to be very difficult to arbitrate on some of these issues.

[David Rutley]

I will get back formally to the hon. Gentleman on that point, but my understanding is that the court can appoint experts to help with particular issues. It is important to recognise that this SI also introduces additional appeals provisions as a result of the UK assuming the responsibility and functions previously belonging to the EU. In short, a person who thinks that the Secretary of State has got a decision or application wrong can go to this first tier tribunal to appeal against that decision. The appeal processes will cover all four regimes: agri-foods, wines, spirits and aromatised wines. The appeal provisions ensure that we comply with our obligations under the European convention on human rights. I will get back to the hon. Gentleman on his specific point.

A number of points were made about geographical indications. The hon. Gentleman asked when the three-year period would start. It will start from the day of exit. The whole point of having a three-year period is to enable time for the producers to adjust themselves and their packaging to the new situations. Protection of UK GIs in the EU will continue automatically after exit. They have been through the EU scrutiny process and they have earned the right to their place on the EU’s registers. To remove UK GIs from its registers, the EU would have to change its rules. If the UK GIs are removed from the EU registers, the Government will support UK GI holders in reapplying for EU GI recognition.

The key point here, certainly from the Government’s perspective, is that we should not lose sight of how important securing a deal is, for some of the very reasons we are talking about here, but we have processes in place should we find ourselves in a no-deal scenario.

DRAFT ZOONOTIC DISEASE ERADICATION AND CONTROL (AMENDMENT) (EU EXIT) REGULATIONS 2019

Debate between David Rutley and David Drew

Wednesday 20th March 2019 General Committees

[David Rutley]

I thank members of the Committee for their contributions. As ever, I will endeavour to answer some questions, and will seek inspiration for others, before the end of the Committee.

The hon. Member for Stroud asked why the draft regulations were originally laid before the sifting Committee as being subject to the negative procedure. At that time, we did not seek to transfer functions from the Commission. Those provisions were added in as events evolved, and the procedure was changed as a result. I am sure that he is grateful that the draft regulations have been granted the degree of scrutiny to which he is accustomed.

The hon. Gentleman also asked why the regulations did not relate to zoonotic regulations more widely. Regulation 216/2003 creates a framework through which any zoonotic disease can be regulated and, at present, the EU only uses the framework to regulate salmonella.

The hon. Gentleman asked about the particular pressures on reference laboratories and others on day one. Poultry is tested on the farm at present, and there is no reason to believe that there would be any additional pressures on day one on reference laboratories or enforcement bodies. The Animal and Plant Health Agency is confident there is sufficient capacity to operate as normal.

The hon. Gentleman also talked about the testing laboratories. The current laboratories in England—there is one in Weybridge—and a similar laboratory in Northern Ireland will continue to operate as normal. He mentioned resources. As I said, APHA is confident that its expertise will continue to be able to enforce salmonella controls post EU exit.

There was also some concern from the hon. Gentleman, and from the hon. Member for Wrexham, about how the devolved Administrations would work together. We are exploring options to combine the expertise of advisory agencies and committees to build on existing capability and expertise and to provide advice from day one in a no-deal scenario. We are also exploring what modifications might be needed to existing decision-making machinery, with the aim of having joined-up evidence in a flexible decision-making process, in order to operate to deliver our biosecurity needs.

Salmonella testing is carried out by UK laboratories approved by the Department for Environment, Food and Rural Affairs and the Food Standards Agency. That will not be affected by EU exit. As I said, our current reference laboratories in England and Northern Ireland will continue to operate as normal.

I want to reassure the Committee that, although there will be an operational change in the sense that the different control programmes will be administered by the devolved Administrations instead of a single UK entity, they will continue to have a joined-up approach. That was extensively highlighted by the hon. Member for East Kilbride, Strathaven and Lesmahagow.

My right hon. Friend the Member for Chipping Barnet and the hon. Member for East Kilbride, Strathaven and Lesmahagow raised anti-microbial resistance, which is important. We talked about what is happening with poultry trends. I am trying to keep my remarks to the point, as the hon. Member for Stroud did, but there are concerns about AMR more generally. The partnership with the livestock protectors in every profession has already reduced the sales of veterinary antibiotics by 40%, down to the lowest level seen since records began in the 1990s. The Government are working with vets and farmers and are committed to further reducing the use of antibiotics in animals by 25% between 2016 and 2020.

Some concern was expressed about international trade. I am trying to read through the inspiration that I have received—

[Dr Drew]

It is called the Norway question.

[David Rutley]

I was asked whether the US was on the third country list. It is. To get on the list, it will have had to demonstrate that it has an equivalent control programme.

I know the hon. Member for Plymouth, Sutton and Devonport is very assiduous on these Committees, and he has been very disciplined today, but I want to reassure him that this in no way seeks to water down our standards at all. In terms of chlorine-washed chicken, the existing food safety provisions from the EU will come across with the European Union (Withdrawal) Act 2018, which will make sure that those protections are in place.

I hope that I have been able to answer the Committee’s questions, and I commend this statutory instrument to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019.

Draft Animal Welfare (Amendment) (EU Exit) Regulations 2019

Debate between David Rutley and David Drew

Monday 18th March 2019 General Committees

[David Rutley]

I thank the hon. Member for Stroud for—as always—his thoughtful contributions on a number of issues, and I will do all I can to address his points. There may be one or two issues on which I will need to get back to him in writing after this meeting; I hope he will understand, given everything we are trying to deal with today.

[Dr Drew]

I am still waiting for some written bits.

[David Rutley]

Again, I will pick that up afterwards, but I understand.

The hon. Gentleman’s first question, which has come up several times, is why we are not doing more within this SI. It is important for me to say at the beginning that under the withdrawal Act, we do not have the power to make changes to the current legal regime for live exports, welfare at slaughter, journey times, and the other things we have talked about. This SI is not the place to make those changes. However, the hon. Gentleman regularly holds my feet—and those of other Ministers—to the fire on those topics, and he is aware that we have made commitments to bring about changes and are absolutely committed to moving those things forward.

The Government’s manifesto made it clear that we will take early steps to control the export of live animals for slaughter once we leave the European Union. Last year, we sought evidence on how we could achieve that, including through a possible ban. We are currently awaiting advice on that issue from the Farm Animal Welfare Committee, as well as its advice on how we can improve welfare more generally for animals in transport. That advice will be available shortly, and will address both live exports and the transport issues that the hon. Gentleman mentioned.

The hon. Gentleman raised the question of which body will authorise the slaughter certificates: the Food Standards Agency will continue to do so post exit. He also understandably raised issues about slaughter, particularly religious slaughter. He and I were both at the BVA’s annual dinner recently—at which he was a welcome guest, given his contribution to that organisation—and he will remember that at that dinner, I was clear that the Government’s long-standing position is that we would prefer to see animals stunned before they are slaughtered. We accept the right of Jewish and Muslim communities to eat meat slaughtered in accordance with their religious beliefs; however, the Government believe that consumers should have available the information necessary to make an informed choice about their food. We will consider that issue more fully, and actively work on it, once we have left the EU.

[Dr Drew]

Given that so much halal meat, in particular, is exported—it is an important export trade—what additional requirements does that put on the Government to make sure that they effectively deal with this issue?

[David Rutley]

Clearly, we will need to assess the whole issue of food labelling more fully once we leave. The hon. Gentleman knows that we are already working on allergens, which are an important dimension. While we are in the EU, we are limited in what we can do, but when we have left, we can look at this issue in the round. This is not just about religious slaughter, although that is one key dimension, or the method of slaughter, which could include CO₂ concentrations; we need to think more broadly about sustainability and the welfare standards that are involved. All of those things will be reviewed fully once we have left the EU. The hon. Gentleman raised the issue of CO₂ concentrations as a method of slaughtering pigs. We are aware of that issue; we will focus on it, and trials are underway on potential alternatives, such as low atmospheric pressure stunning.

I will try to answer some of the hon. Gentleman’s more detailed questions. He asked about the geographic split of slaughterers who might be affected, prompted, I think, by the hon. Member for Plymouth, Sutton and Devonport—they were an amazing double act today. Unfortunately, at the moment, we do not have a breakdown of that concentration, but I will take a closer look at what information we might be able to provide to the hon. Member for Stroud.

Draft Import of and Trade in Animals and Animal products (Amendment etc.) (EU Exit) Regulations 2019 Draft Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019

Debate between David Rutley and David Drew

Tuesday 19th February 2019 General Committees

[David Rutley]

It is a pleasure to serve with you in the Chair, Mr Sharma. There are two sets of regulations for members of the Committee to consider. These statutory instruments are made under the enabling power in the European Union (Withdrawal) Act 2018 to amend provisions related to imports, and transit through the EU, of live animals including horses; animal products including meat; genetic material used for animal breeding, such as semen, ova and embryos; and to the non-commercial movement of pet animals.

I emphasise that the instruments make purely technical changes to animal trade legislation to ensure that it continues to operate effectively when we leave the European Union. They do not introduce new policy, and they preserve the current regime for protecting the UK’s biosecurity. The instruments are closely linked and so have been grouped together, with your permission, Mr Sharma, to facilitate a single overarching discussion on animal trade.

The first instrument makes technical amendments to directly applicable EU regulations and decisions. As hon. Members will see, this instrument is substantial.

[Dr David Drew (Stroud) (Lab/Co-op)]

I know: I have read every page.

[David Rutley]

I am delighted to hear that. The instrument includes amendments to nearly 50 pieces of EU legislation. Members of the Committee will be pleased to hear that I will not go through every regulation—[Hon. Members: “Go on.”] I will, but not today. Now, I will outline the most important aspects of the legislation.

The instrument makes technical amendments to ensure the continued operability of 14 EU instruments concerning imports of live animals or reproductive products; 17 concerning imports of animal products intended for human consumption; six that lay down protective measures against the introduction of particular diseases; two that cover the EU pet travel scheme; and seven that relate more generally to the import regime for animals and animal products. This instrument also contains minor technical amendments to references to fees in two domestic instruments.

The amendments ensure the continuation of veterinary controls and other import conditions that safeguard animal and public health. They allow for authorisation of businesses to continue and for the maintenance of health certification and transport requirements, and allow appropriate actions to be taken in cases of reported non-compliance or disease outbreaks in other countries. Furthermore, they provide for the continuation of the existing health and documentary requirements for the non-commercial movement of pets into the UK under the EU pet travel scheme.

In addition, the amendments transfer certain powers and functions from the European Commission to our respective UK Ministers. The amendments give Ministers the power to take appropriate action in relation to trade restrictions resulting from disease outbreak. Regulation 3 of and schedule 1 to the instrument provide the power for the appropriate UK Minister and Northern Ireland Department to draw up lists of third countries approved as having equivalent official disease controls for continuing trade with the UK in live animals and animal products.

The Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019 make technical amendments to EU-derived domestic legislation. Importantly, this instrument amends our main English animal trade instrument—the Trade in Animals and Related Products Regulations 2011. That is key legislation for the import of these commodities into England. It establishes a system for trade in live animals and genetic material with other EU member states, and for imports of animals and animal products from outside the European Union.

The measure also amends two related instruments that regulate the non-commercial movement of pet animals into Great Britain: the Non-Commercial Movement of Pet Animals Order 2013, and the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974. The instrument will allow these laws to continue to work after EU exit, for instance, by removing redundant references to EU bodies, functions or legislation, and replacing them with domestic equivalents. It will also amend phrases that would no longer be correct, such as changing “legislation of the European Union” to “retained EU law”.

Taken together, the two instruments that we are considering ensure the continuation of appropriate certification, sufficient pre-notification of imports, checks of certain consignments, and isolation and vaccination facilities. That safeguards our current strong biosecurity standards for imports of animals and related products, and provides for the continuation of the existing legal framework around the movement of those trade commodities and pet animals.

These instruments have different territorial extent and application, and the devolved Administrations were closely engaged in their development. The first instrument applies to the whole of the UK; in the second instrument, part 2 applies to Great Britain and part 3 applies to England only. The devolved Administrations are tabling their own versions of the amendments in the second instrument, which relate to their own “mirror” legislation and are being laid as separate affirmative instruments.

As stated, these instruments make technical amendments to maintain the existing standards, and no impact is anticipated. As they do no more than is necessary to enable domestic legislation to be operable immediately after EU exit, there is no statutory requirement for public consultation. Formal consultation and impact assessments have not been performed, as these amendments will not introduce additional requirements or costs for stakeholders.

--- Later in debate ---

[David Rutley]

That is absolutely correct. I thank my right hon. Friend for clarifying the point so well. The draft regulations are about trying to keep things as similar as they can be. The Government’s approach is continuity where at all possible and, as a result, there is no need for consultation or an impact assessment.

[Dr Drew]

Page six of the explanatory memorandum of the draft trade in animals and related products regulations states categorically:

“There is no additional impact on small businesses (employing up to 50 people) because this instrument maintains the status quo and does not introduce any policy change.”

Absolutely right, as my neighbour the right hon. Member for Forest of Dean said, but that is for “up to 50 people”. What will happen to businesses that employ more than 50 people? Will there will be an impact, yes or no?

[David Rutley]

That is a way of describing different—[Interruption.] Hold on; let me finish my thought. That is a way of describing different types of businesses. If it does not apply to those, it will not apply to bigger ones either. Genuinely, as has been set out by my right hon. Friend the Member for Forest of Dean, these are very small changes. We are just trying to maintain continuity.

On the points raised by the hon. Member for Bristol North West, separate exit SIs will be tabled by the Food Standards Agency to deal with food hygiene and safety measures, which will be debated shortly under the affirmative resolution procedure. That will address some of his concerns about welfare standards, which we do not want to water down. We have talked about this at length in similar debates in the past.

There was discussion about why the Lords Committee suggested that one of the draft instruments should be debated under the affirmative resolution procedure, as opposed to the negative. Its concern was about reciprocity. However, as I have explained, our approach seeks continuity, to minimise the disruption to businesses. Even the Lords Committee observed that reciprocal agreements with the EU covering these issues would be the outcome of future negotiations.

The hon. Member for Stroud discussed our situation regarding third-party status with the EU. The UK will be treated by the EU as a third country if we leave without a deal. In order to be prepared for all possible outcomes, the UK has submitted its application for listing as a third country to continue exporting live animals and animal products to the EU after EU exit. Without listed status, no exports to the EU can take place. Several technical discussions are taking place with the EU Commission on the detail of receiving expedited approval for the export of live animals and animal products. DEFRA officials are currently providing detailed evidence to satisfy the Commission, but we cannot be certain of the timing of such approval. However, those are active discussions.

The hon. Gentleman also raised concerns about food hygiene and unfit meat from South America. The FSA’s hygiene regulations will deal with that particular issue. I will gladly talk to him about that after the sitting. He also raised concerns about AMR. The FSA is committed to ensuring that imported food continues to be safe for consumers, including looking at AMR, which will include maintaining a robust and effective regulatory regime for the safety of imported food. We will continue to focus on that.

The hon. Gentleman also raised concerns, as have other Opposition Front-Bench spokespeople, regarding the capacity and capability of vets to cope with the extra work before them. He raises that sincerely, and I fully understand the concerns about vet shortages, which we are working hard to address. As I have said previously in similar Committees, DEFRA has provided evidence to the Migration Advisory Committee strongly supporting the return of veterinary surgeons to the shortage occupation list. The MAC is due to report in spring 2019.

We will work closely with the Home Office to ensure that there is a long-term strategy for the veterinary workforce as part of our future immigration policy. We have created a new role—certification support officer—to provide administrative support to official vets, so that they can more easily process the new export health certificates.

There were concerns about the grand national. [Interruption.] Everybody is listening now. There is no question but that those horses will be able to come into the UK. However, because of the timing of the grand national, new processes will be in place for them to leave the UK. Those arrangements are available on Government websites and so forth, and we will make sure that they are fully available.

The hon. Gentleman also raised the Balai directive. We will continue to trade under the directive because it has been transposed into UK law by our Trade in Animals and Related Products Regulations 2011. The final point that he made was on research. Research animals will continue to enter the UK under current controls when the UK leaves the EU. The UK does not currently require research animals entering the UK from third countries to enter via a border inspection post and intends to continue that arrangement.

I think and hope that that answers the detailed questions that were asked. For the reasons set out during the debate, and hopefully through the answers to some of those questions, I trust that hon. Members understand the need for these amendments. They will ensure that the strict import standards currently in place will be maintained after we leave the European Union without placing additional burdens on importers or barriers to trade. I once again commend the draft instruments to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019.

Draft Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019

Resolved,

That the Committee has considered the draft Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019.—(David Rutley.)

Draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 Draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019

Debate between David Rutley and David Drew

Tuesday 5th February 2019 General Committees

[Hon. Members]

Buy one, get one free!

[Dr David Drew (Stroud) (Lab/Co-op)]

Coming to you at a knockdown price.

[David Rutley]

I wish I had not gone there, to be honest, given some of the comments I have just received.

I have moved the motion for the draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019, and I will also speak to the draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019. [Interruption.]

--- Later in debate ---

[David Rutley]

I am grateful for the contributions that have been made, and I am pleased to hear that the hon. Member for Stroud will be attending the BVA dinner this evening.

[Dr Drew]

You are going as well, are you?

[David Rutley]

Yes, I will be speaking, and I am little bit worried about the hon. Gentleman’s suggestion that I might be the subject of some sport. We shall see, but I am sure he will be well behaved, just as he was trying to be today.

Characteristically, the hon. Gentleman has raised a number of important points—he does his homework, as we well know—but I will touch on the issue of the shortage of vets, because I think that Members on both sides of the House are concerned about that and want to take action. To address concerns that have been raised about the shortage, we in DEFRA have provided evidence to the Migration Advisory Committee, strongly supporting the return of veterinary surgeons to the shortage occupation list. The Migration Advisory Committee is due to report in spring 2019, and while the UK prepares to leave the EU, DEFRA is working closely with the Home Office to ensure that there is a long-term strategy for the veterinary workforce, as part of future immigration policy. I hope that is helpful.

--- Later in debate ---

[Dr Drew]

Will the Minister support me in saying that we can work cross-party on that? We believe very strongly that this must be sorted; it should have been sorted some time ago because of the seasonal agricultural workers scheme, although I know these are not seasonal workers. I do not know whether there is anything the Opposition can do to help, but the Government have to get real. We must make sure that we are recruiting people appropriately.

[David Rutley]

That point is understood, and I will gladly meet the hon. Gentleman to discuss further his suggestion of working closely on the issue. That leads on to what else we are doing to help vets, in the event of a no-deal scenario, to prepare for increased demand for export health certificates for animals and animal products, because those products will need to pass through border inspection posts. DEFRA’s internal estimates suggest that we will need the equivalent of up to 50 full-time official veterinarians to respond to the changes in demand for export health certification.

We are providing free training for 400 official vets, and our very detailed discussions and engagement with the industry indicate that, with their existing capacity, the use of new certification support officers and their ability to bring more vets into the market, we should be in a reasonable position to meet that demand. In addition, we are providing free training for 200 CSOs and we are already starting to put CSOs through that training, so that they can add value and help our vets to focus on those issues to which they can make the biggest contribution in what could be quite challenging circumstances if there is an increased volume of demand for EHCs.

The hon. Gentleman asked about the cost of the statutory exam, which is £2,500. We have looked at other professional regulators, and these fees are fairly comparable. For example, they are cheaper than the General Dental Council’s examination fees of about £3,735.

[David Rutley]

The hon. Lady has also made thoughtful points. I reassure the Committee that we are working incredibly hard to ensure that we are ready for any eventuality, including regarding the availability of vets. There is an ongoing dialogue: I have met the chief veterinary officer and the BVA several times and I am sure I will meet them again tonight. We have worked very closely to make sure that we are in the best possible position for any eventuality come 29 March.

Hon. Members have also asked whether there is a change of policy. The answer is yes, because mutual recognition of qualifications will cease in a no-deal situation. A couple of hon. Members made points about impact assessments, which are required only when there will be a direct impact on business as a result of regulatory change. The SI concerns the registration of individuals only. Those points have been discussed with the RCVS, which is content with the proposals.

I hope that my remarks have answered most of the questions. I am sure that the hon. Member for Stroud will buttonhole me tonight if he has any other points.

[Dr Drew]

I will.

[David Rutley]

I look forward to that dialogue, which will be really important. Lord Gardiner is looking forward to tomorrow’s debate in the House of Lords, where those points can be considered in even more detail.

As I said in my opening remarks, it is important that these statutory instruments are passed. If they are not, the current system for regulating veterinary qualifications from EEA veterinary schools will not operate effectively, which would result in an inconsistency of veterinary standards in the UK and the inability of inspectors to enforce certain animal welfare standards. Additionally, the system for recognising farriery qualifications from the EEA, enforcing animal health regulations and approving courses for certain veterinary procedures would not operate effectively.

We know and have discussed at length the importance of the veterinary profession and the contribution that it makes to public health and to animal health and welfare in the UK. The SIs will help veterinarians to carry out their very important work in a no-deal scenario. For those reasons, I commend both statutory instruments to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019.

DRAFT VETERINARY SURGEONS AND ANIMAL WELFARE (AMENDMENT) (EU EXIT) REGULATIONS 2019.

Resolved,

That the Committee has considered the draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019.—(David Rutley.)