Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022

Debate between Oliver Heald and Daniel Zeichner

Wednesday 25th January 2023 General Committees

[Daniel Zeichner (Cambridge) (Lab)]

It is a pleasure to serve with you in the Chair, Ms Cummins. You will be glad to hear that my comments today will be brief, and we will not be opposing this statutory instrument. That is not only because it is a clean-up measure, essentially—I love the Minister’s language and will remember “It’s a deficiency!” the next time I make a mistake—but because on Monday evening we had a bit of a marathon with some SIs. This one is much simpler.

Today, we debate the amendments made by the Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022. I read at the top of the page with interest that this statutory instrument has been made in consequence of defects—the “deficiencies” —in a series of SIs. I looked a bit more closely at that first one—2020 1482—which was discussed with the Minister’s predecessor, I think, back in 2020. I looked back to my opening comments then, and my notes said, “Very lengthy. Hundreds of pages—much room for error.” It seems that I was a touch prescient.

However, I make no criticism of those tasked with this complicated work. I would just gently point out to the Government the scale of the challenge if they seek to rush to amend many hundreds of these complicated regulations; there will inevitably be mistakes.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

Does the hon. Gentleman want to pay tribute to the work of the Joint Committee on Statutory Instruments, because it actually spotted this?

[Daniel Zeichner]

Absolutely, and I must say that as I delve through the various papers, I admire the in-depth work of the various Committees, which is so useful, particularly for an Opposition spokesperson, as we come to these discussions. I generally quote them at length, and I commend them for the work that they do.

I turn to the substance. It is welcome that the problems facing devolved authorities when seeking to collaborate in the face of a Great Britain-wide pest outbreak are being addressed. I am grateful to the Horticultural Trades Association, whose advice I sought on this, for confirming that it is necessary and important because the change will allow the demarcated areas to cross boundaries between Administrations, with the competent authorities working as one. That, apparently, was not possible before, preventing authorities from introducing a demarcated area within their own territory if a pest is identified in another, which limited the authority of that unaffected territory implementing necessary prevention measures.

The explanatory notes say that the amendment has been introduced following a

“recent outbreak of a certain pest near the Wales/England border”.

Can the Minister give us any details of that outbreak? Was it the only incident? How significant was it? What happened prior to this amendment if an authority from England, Scotland or Wales needed to extend a demarcated area beyond its territory?

Moving on to a further defect in another regulation, article 4 of the retained commission implementing decision relates to the import of potatoes from two regions of Lebanon. The eagle-eyed Joint Committee on Statutory Instruments referred to the two issues in its “Eighteenth Report of Session 2022–23”. The first relates to changes in labelling requirements so that they are in English, rather than one of the languages of the European Union, which is understandable. The second relates to an omission in the previous SI, which revoked the requirements for inspections to be carried out at one of the intermediate stages. It is clearly sensible to rectify that, but has an assessment been made of the consequences of that defect in the initial SI?

Finally, on the issues relating to the Trade in Animals and Related Products (Amendment and Legislative Functions) Regulations 2022, there is an amendment to correct an omission that will ensure that the appropriate authority has the power

“to change the rules on imports of equine animals from a particular country and the power to establish specific rules if there is a change in the disease situation of the approved country.”

I note that the language in regulation 8(2)(d) changes from “shall be established” to “may be established” in relation to the functions undertaken by the appropriate British authority. Was that a deliberate alteration to limit the obligation of GB authorities to change and implement animal and public health requirements for imports from the EU? [Interruption.] The Minister is shaking his head, but I am sure he will explain.

As we are all aware, health certificate requirements are currently being implemented for exports, but not for imports. That certainly could be interpreted as meaning that any additional checks and requirements on imports might not be carried out, possibly due to a lack of vets and capacity at the borders. If that is the case, we should all be concerned, because animal and plant health matters, and we should insist on the very best biosecurity procedures.