Draft Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020

Rebecca Pow Excerpts

Wednesday 11th November 2020 General Committees

[The Chair]

Before we begin, may I remind Members about the social distancing regulations? Thank you, everyone, for sticking with them. Hansard colleagues will be grateful if any speaking notes could be sent to [e-mail].

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

I beg to move,

That the Committee has considered the draft Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020.

It is a pleasure to see you in the Chair bright and early this morning, Mr Davies.

The draft regulations were laid before the House on 12 October. They make operability changes to retained European Union law and implement the Northern Ireland protocol in the context of the convention on international trade in endangered species of wild fauna and flora, or CITES. That will be done by making changes to the UK’s existing CITES regime, comprised primarily of retained EU law, in so far as it will operate in Great Britain, to ensure that the relevant EU regulations may continue to be properly implemented in Northern Ireland, as required by the protocol.

Additionally, the draft regulations will consolidate previous statutory instruments making operability fixes to retained EU law, so that the changes appear in one place. The regulations also make further operability fixes in respect of more recent EU legislation that will become retained EU law, and minor corrections to regulations that were not dealt with in earlier amendments. The draft instrument makes a number of amendments, but it makes no changes to policy, other than those necessitated by the Northern Ireland protocol—that is the important thing to note.

CITES provides protection to more than 35,000 different species of endangered animals and plants, the range of which is incredibly diverse, from lions and giraffes, and parrots and turtles, to corals, orchids and the rosewood commonly found in guitars. I believe that you are quite an animal lover, Mr Davies, so you will be familiar with a lot of those creatures. By regulating international trade in animals and plants and in their parts, CITES aims to reduce the threat to those species in the wild.

CITES is implemented throughout the EU by the EU wildlife trade regulations, known as EUWTR, which are applicable in the UK. Those regulations set out the controls for trade in endangered species of wild animals and plants to and from the EU, the UK and the rest of the world. Many UK businesses trade in CITES specimens, and the relevant sectors are varied, from musicians and fashion, to pharmaceuticals and zoos.

The UK is party to CITES in its own right and will continue to be bound by its obligations after the end of the transition, regardless of the outcome of the negotiations with the EU. The UK is committed to supporting the work of CITES now and in future. At the CITES conference of the parties in August 2019, the UK used its world-leading scientific and technical expertise to play a pivotal role in proceedings. As a result of that work, 93 new species, including mako sharks and several species of gecko and newt, now benefit from enhanced protection under the convention. We have that world-leading reputation for such work, which obviously we will continue.

The primary purpose of the draft instrument is to make operability fixes to retained EU law and to implement the Northern Ireland protocol with regard to CITES. In doing so, we are consolidating into one instrument amendments made by previous CITES EU exit SIs that have not yet come into force, to make regulations clearer and more accessible to users.

In implementing the protocol and our convention obligations, CITES documents and relevant checks will be required for CITES specimens travelling between Northern Ireland and Great Britain, in both directions. That will affect traders in Northern Ireland and traders in Great Britain who regularly move specimens in and out of Northern Ireland.

The instrument will also make operability fixes in respect of more recent EU legislation, which will become EU retained law, and minor corrections not included in the previous instruments. For example, the instrument deals with a new suspensions regulation of 2019, which replaces and updates an earlier regulation. The suspensions regulation provides for bans on imports of certain specimens from certain countries needing additional protection—for example, wild lions from Ethiopia, wild Dryas monkeys from the Democratic Republic of the Congo, and African cherry wood from Equatorial Guinea.

Part 2 of the instrument amends domestic regulations that provide for, among other things, enforcement powers with regard to CITES. Part 3 amends retained EU regulations on CITES to ensure that the regime is operable in Great Britain after the end of the transition period. The instrument was sent to the Joint Committee on Statutory Instruments for pre-scrutiny and was returned with minor comments relating primarily to minor drafting issues. The Secondary Legislation Scrutiny Committee asked the Department for Environment, Food and Rural Affairs a number of questions, as outlined in its report. Those questions related to the practical implications of documentary checks for movement between Northern Ireland and Great Britain and examples of what types of species are commonly traded in the United Kingdom.

Traders moving CITES specimens between Northern Ireland and Great Britain will at the end of the transition period be required to obtain and present relevant CITES documentation. Interestingly, there is currently no data on movements of CITES species between Northern Ireland and Great Britain, as that trade does not yet require documentation. Members may be interested to hear that the most commonly traded species between the UK and the rest of the world are alligators and crocodiles, for their leather, and live falcons, I believe for falconry—they are pets, really—and potentially for pest control.

The changes made by the instrument will affect DEFRA and the Animal and Plant Health Agency, as documentation that was previously required at the EU border will now be required at the UK border—Great Britain or Northern Ireland, as the case may be. APHA has increased staff numbers in anticipation of that increased workload. As I said, the statutory instrument does not change policy other than as required by the implementation of the Northern Ireland protocol, so no consultation was undertaken. Drafts of the instrument were, however, shared with the devolved Administrations during its development and drafting. In line with published guidance, there is no need to conduct an impact assessment of the instrument because there is no, or no significant, impact on the public, private or voluntary sectors. The territorial extent of the instrument is the United Kingdom.

As a result of the protocol, documentation will be required for the movement of CITES specimens between Great Britain and Northern Ireland. That will require additional enforcement by Border Force at points of entry and exit between Great Britain and Northern Ireland. Border Force has increased staff numbers and trained new staff in order to address that increase and is well prepared for those additional checks from the end of the transition period. I commend the draft regulations to the Committee.

--- Later in debate ---

[Rebecca Pow]

I thank the shadow Minister for his comments and the raft of questions. He has obviously looked closely at what has happened in the other place and has put the measure under a great deal of scrutiny. I will set it in context quickly, then run through as many of the questions as I had time to note down, because they were coming thick and fast. If he feels that I do not cover something, I am happy to follow up afterwards, if that is acceptable.

To prepare for the end of the transition period, it is essential to have the right legislation in place to continue to protect our endangered species, in accordance with our international obligations, to ensure that trade does not threaten the survival of those species in the wild. The UK remains absolutely committed to supporting work on CITES. The hon. Gentleman was slightly derogatory about our global leadership, but we are recognised around the world for our scientific lead on this issue—that is genuinely true—and we will not lessen or weaken that in any way. Indeed, there might be opportunities to strengthen it, which I would be keen on.

As hon. Members know, I am a great supporter of our National Wildlife Crime Unit and, as a Back Bencher, I fought to get that money committed for it. I think the hon. Gentleman was involved in that as well, from the other side of the House: it was a joint initiative. I was interested to hear about the CITES hustings that he attended, which sound fascinating.

[Daniel Zeichner]

On the National Wildlife Crime Unit, is that funding secured for the future? I am not necessarily expecting the Minister to give an answer today, but it is an important point.

[Rebecca Pow]

It is an important point. I am really annoyed with myself, because I read about it last night and I cannot lay my hands on the actual details. May I write to the hon. Gentleman about that? Certainly, it is in there and it has been highlighted. I will give him chapter and verse in writing.

The instrument will achieve that protection by ensuring that relevant regulations can operate properly after the end of the transition period. It will make operability changes to retained EU law, ensure implementation of the Northern Ireland protocol with regard to CITES and consolidate amendments made by earlier instruments that have not yet come into force, to make regulation clearer and more accessible to all who use them. The important thing is that there will not be any changes to policy, other than those necessitated by the Northern Ireland protocol. That should give some assurances.

I will go through some of the comments. I hope I can give some more useful background. The hon. Gentleman referred to our scientific involvement. As we have left the EU, we will no longer participate in or be bound by the EU structures, including the EU scientific review group, under CITES regulations applicable to GB, but our scientific authorities, the Joint Nature Conservation Committee for fauna and the Royal Botanic Gardens, Kew, for flora—which is, of course, world-leading—will continue to provide advice on a range of CITES matters and to collaborate internationally with other CITES scientific authorities as appropriate. Our involvement in the convention to which I referred demonstrates that we will not be weakening in that respect.

The hon. Gentleman suggested that we might somehow weaken our combatting of the illegal wildlife trade. It is essential that we keep our eye on that. The draft SI will not weaken that. The UK is and will remain a world leader in the fight against the illegal wildlife trade. In 2018, the UK convened the largest ever global international wildlife trade conference, at which 65 countries signed up to the London declaration committing to take urgent and co-ordinated action against the illegal wildlife trade. That is not something we will suddenly drop. Through our internationally renowned IWT challenge fund, we have committed £26 million since 2014 to 85 projects around the world that directly counter the illegal wildlife trade, including projects to reduce demand, to strengthen enforcement, to ensure effective legal frameworks and to develop sustainable livelihoods.

[Liz Twist (Blaydon) (Lab)]

Will the Minister explain exactly how the UK will continue that international collaboration to prevent the unlawful import of wildlife species?

[Rebecca Pow]

In the same ways as we have been doing it before, through our international connections. We have Lord Goldsmith in our Department, and he does a great deal of work on this agenda internationally—he is also the international environment Minister. We will keep all our links going.

The very fact that we are holding COP26—it is on climate change, environment and biodiversity, and we have nature and adaptation as part of that now—means that there are levers that link to this important issue. A lot of the illegal wildlife trade is linked to the devastation of our forests and the destruction of habitats. They are all closely interlinked, and that is something we intend to be leaders in, continuing our work.

At the United Nations General Assembly in September, the Prime Minister announced a scaling up of UK funding to tackle the illegal wildlife trade, as part of a £220 million international biodiversity fund. I hope that gives some reassurances that we are absolutely committed. It is something the Prime Minister is particularly interested in.

I want to be clear that several SIs were made in 2019 in order to make CITES operable in the UK. In view of further changes that we needed to make as a result of the Northern Ireland protocol, we considered that it would be preferable to put all the necessary changes into one piece of legislation, to make it more accessible, clearer for users and to increase transparency. Potentially, the draft regulations will help the whole issue of tackling the illegal wildlife trade.

I was asked about the impact on business. CITES checks are not particularly onerous. CITES requires 100% documentary checks, as opposed to physical checks on consignments—we do not expect our Border Force control to open the alligator cages. The documentary checks involve Border Force inspecting—I said that, but perhaps I should retract it—and endorsing and wet stamping relevant import and export permits and other documents. Physical checks take place only on a risk basis.

Costs for permits and certificates are set out in the Control of Trade in Endangered Species (Fees) Regulations 2009. They would be incurred by traders wishing to obtain such documents. We have liaised regularly with Border Force colleagues on the need for those checks, and Border Force already carries out such checks on consignments from the rest of the world. It has increased its staff numbers to meet the additional requirements. DEFRA has been working closely with APHA, which has been involved in recruiting and training staff to deal with the project and the uplift in the volume of CITES movements and documentation anticipated. I think I have covered the scientific organisations.

The shadow Minister then touched on where the specimens or species would be imported through. CITES specimens must enter and exit Great Britain and Northern Ireland through points of entry and exit designed especially for that purpose. We are designating 29 UK sea and airports for use after the end of the transition period. There is a list of the ports on the Government website, gov.uk. In particular, I highlight that Belfast International airport and Belfast seaport will be among those designations at the end of the transition period.

I hope that covers the main points of the inquiries quite rightly raised by the shadow Minister, because it is important for us to get the legislation right. To close, as I have outlined, the draft instrument makes operability changes to EU-derived domestic regulations and retained direct EU legislation, and implements the Northern Ireland protocol with regard to CITES. It will ensure that appropriate protections for the trade in endangered specimens continue to be in place after the end of the transition.

Question put and agreed to.