Draft Public Procurement (Amendment etc.) (EU Exit) (No. 2) Regulations 2019
(5 years, 7 months ago)
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The Parliamentary Secretary, Cabinet Office (Oliver Dowden)
I beg to move,
That this Committee has considered the draft Public Procurement (Amendment etc.) (EU Exit) (No. 2) Regulations 2019.
It is a pleasure to serve under your chairmanship, Mr Evans. As hon. Members know, the Government remain committed to securing an agreement on the United Kingdom’s exit from the European Union, but we must be prepared for all outcomes. Notwithstanding the motions passed in the House over the past couple of days, it remains the default position that if nothing is agreed we will be in a no-deal situation. The draft regulations deal with procurement in that context.
The amendments made by this instrument do not amount to a material change in procurement policy. To all intents and purposes, they maintain the status quo for UK contracting authorities with regard to their obligations towards certain non-UK suppliers. They will ensure that the UK’s procurement system continues to function as intended post EU exit in the event of no deal, and grant certainty to UK contracting entities that they can continue after exit day to procure goods and services in the way they do now. In that way, the Government are ensuring that those entities can continue to be able to obtain value for money for UK taxpayers.
As hon. Members may be aware, the UK Government are working to agree continuity agreements with a number of our international trading partners, which will replicate as closely as possible trade arrangements to which the UK is currently a party via its EU membership. We have already laid before Parliament agreements with Switzerland, Israel and Chile, which contain substantial provisions on procurement. Where the UK has entered into an agreement that contains provisions relating to public procurement, we must ensure that our domestic procurement legislation takes account of the obligations in those agreements.
In their current form, the Public Procurement (Amendment etc.) (EU Exit) Regulations 2019, which were approved by this House a couple of weeks ago, on 20 February, would amend the existing procurement regulations to disapply from exit day the duties that UK contracting authorities currently owe towards economic operators from countries with which the EU has a trade agreement containing procurement provisions. The regulation-making powers in clause 2 of the Trade Bill, which is currently before Parliament, would enable the UK to reinstate those duties in such a way as to reflect the UK’s transition continuity agreements, rather than the EU agreements that they replicate to which the UK will no longer be party after exit day. As Committee members are aware, the Trade Bill is yet to complete its parliamentary passage. In consequence of the absence of bespoke implementing powers, we have had to look at other measures that would enable the UK to demonstrate compliance with agreements that we have worked hard to negotiate.
It is the duty of a responsible Government to ensure that, once we have left the EU, we continue to reap the economic benefits that these agreements bring. It is also our duty to uphold our reputation as a valued and respected trading partner by ensuring that the obligations we have committed to maintain after our withdrawal from the EU are adhered to. I am therefore bringing forward this second EU exit instrument, which will amend the first instrument before it comes into force. Instead of removing the procurement regulations—the obligations owed by UK contracting authorities and other entities towards non-UK suppliers—immediately on exit day, the first SI would preserve them for 18 months after exit day. The need for a second amending instrument was, as hon. Members may recall, referred to during the debate on the first EU instrument in a Delegated Legislation Committee on 13 February, which I also led on behalf of the Government.
In practical terms, the preservation of obligations will have the effect of ensuring that for a time-limited period, suppliers from certain non-EU trading partners will be afforded the same guaranteed rights of access to UK procurement markets that they now enjoy. This mirrors a similar provision already contained in the first SI in respect of suppliers from states that are party to the World Trade Organisation government procurement agreement. That provision has already been approved by the House; it is simply being extended to 18 months, to align it with the provisions that we are introducing in respect of bilateral treaties between the EU and third countries.
By keeping alive duties owed by contracting authorities as they exist already, the Government are ensuring that the UK continues to meet its international procurement obligations. In turn, that will help to ensure that UK businesses continue to enjoy access to overseas procurement opportunities, and that UK contracting authorities can continue to obtain the best possible value for money when procuring through robust supplier competition.
Some hon. Members may at this point question whether, when the UK leaves the EU, it is appropriate to maintain existing obligations arising from EU agreements to which we will be no longer a party, and whether doing so will produce an adverse effect on British businesses and authorities. It should be emphasised that the procurement obligations that arise from the UK’s continuity agreements are in essence the same as those that until now have arisen from the EU’s trade agreements, meaning that the amendments in this instrument represent a temporary, technical solution to complying with the UK’s international procurement obligations until such time as the Trade Bill is enacted.
I assure the Committee again that, in practical terms, the provisions in this instrument amount to a time-limited continuation of the status quo that will create no additional burdens or costs for UK businesses or contracting authorities. Contracting authorities across the UK will continue to be able to procure competitive goods and services from overseas, as they do now, and UK businesses will see no change as a result of this instrument in the way they go about bidding for and winning lucrative public contract opportunities, both in the UK and in countries with which the UK has a trade agreement. For that reason, it has not been necessary to publish an official impact assessment.
The instrument will ensure that in the event of no deal, the UK’s procurement system continues to function as intended post Brexit; that the UK can successfully ratify and comply with its international continuity agreements; and that UK suppliers and contracting authorities can continue to operate, as they do now, for the foreseeable future. I therefore commend the regulations to the Committee.
Jo Platt (Leigh) (Lab/Co-op)
Here we are again, for another of our weekly meetings with the Minister. This is the third procurement SI in a row; two are the result of the possibility of a no-deal Brexit, and one could have been sorted months ago but was recently added to the parliamentary logjam.
It is clear that the Government are in turmoil, but the growing crisis is now beginning to hit previously unaffected areas of government, including procurement, as these regulations prove. However, the context in which we are reviewing today’s regulations has significantly changed. Last night, we clearly and categorically voted twice to rule out no deal. The Government have a duty to respect the clear and unambiguous position of the House and prevent no-deal regulations such as these ever having to come into effect. We understand why the Government feel it necessary to introduce these measures, but we remember that it is the mishandling of Brexit that has left us scrambling to scrutinise and approve hundreds of SIs, the effects of which will reverberate for a considerable period of time.
I will start by looking at the 18-month so-called transition of 18 international agreements covering procurement. The truth is that the transition is anything but that. It unilaterally opens up our procurement market to a number of countries across the world after the exit date. It allows them to enjoy all the benefits, without any assured obligations in return. This could lead to the Government effectively throwing British industry under the bus, allowing the international industry free access to our markets, without reciprocal arrangements, while forcing British business to compete for UK contracts at home.
The Minister will recall that I raised that dilemma in the Committee scrutinising the original SI. His response to my concerns then was that he would expect co-operation. That simply does not cut it for UK businesses that rely on securing international procurement contracts. They need guarantees, not Ministers’ expectations, which these days have a remarkable habit of changing. I ask again: what assurances has the Minister received from other Governments that the arrangements are mutual? Our businesses, especially small and medium-sized enterprises, deserve to know. How many of the 18 countries to which the original agreements applied have agreed to mirror the UK’s 18-month transition period?
During the passage of the original SI, the Minister also said:
“There is a small chance of a gap between the “in principle” accession to the GPA that is already agreed and the “in law” joining of the GPA”.—[Official Report, Thirteenth Delegated Legislation Committee, 13 February 2019; c. 10.]
We now know from the Department for International Trade that the Government now anticipate a short gap. A letter from the Minister confirmed this week that the Government expect a delay, possibly until the end of April. Will the Minister confirm the reason for the change in the situation, how it is being communicated, and that the Government’s no-deal planning is now dangerously off-track?
We cannot escape the chaos in which the regulation has been presented. We are confronted with an amendment to an instrument that passed through Committee four weeks ago—an amendment to which the Minister referred in his speech on that occasion. At that point we were asked to pass the instrument knowing that the Government intended to alter it a few weeks later. It is a total mess, and it is all down to the Government shambles, although after the complete mess of the past few days I guess none of us can act surprised.
What message does this send to UK suppliers, to our businesses and to the rest of the world? There are businesses that need certainty. We are asking them to make investment decisions and fulfil public sector contracts, but the Government are rewriting the rules just 15 days before we could leave the European Union without a deal. They are eroding the UK’s reputation for stability—something we used to be renowned for. Frankly we are a laughing stock.
The Government are destroying not only the nation’s reputation but their own. The Conservative party used to be known as the party of business, but their actions speak louder than words. The past few months have shown them to be abandoning business, and the fiasco I have described is just the latest example. If the Minister were serious in his commitment and his responsibility to protect our procurement market and support UK SMEs, he would support every vote in the House that rules out the chaos of no deal or a hard Brexit, but instead of supporting our procurement market and businesses he voted last night to keep the door open to a no-deal Brexit, which would be chaotic and highly disruptive to businesses, jobs and our economy.
I might contrast the Government’s actions last night with our proposals, which would protect our procurement market. They would also unblock the passage of the Trade Bill—the issue that has led to our having to deal with today’s emergency measure. Their refusal to back the proposals not only endangers the long-term stability of our procurement market, but is blocking the path towards the Commons majority needed to back a Brexit deal in the national interest.
The proposals before the Committee are symptomatic of the total chaos across Government that is eroding the little trust that the procurement sector still has in them. There are serious questions for the Minister to answer now about the assurances he has received that UK suppliers will be adequately protected and supported. They are serious questions about our membership of the GPA, but there are also serious questions now about the competence of the Government.
The Opposition expect nothing less than concrete assurances and prompt communication with the procurement sector. The fact that the Minister is unable to provide those things today speaks volumes. Yet again, we are presented with regulations that could weaken our already broken procurement market. It is unforgiveable that that is because of the Government’s negligence. The sector simply deserves much better.
Douglas Chapman (Dunfermline and West Fife) (SNP)
It is a pleasure to serve under your chairmanship, Mr Evans.
It is quite clear from the explanatory memorandum that the regulations apply primarily to England and Wales and Northern Ireland. However, the Trade Bill gives Ministers discretionary powers over procurement, which is a devolved area. It is one of the 24 powers that we are concerned about that may be grabbed back by the UK Government in the withdrawal Bill, which may have far-reaching consequences for businesses across a variety of sectors in Scotland, from food and drink to medical equipment.
In the UK, the Federation of Small Businesses reported that only 20% of public procurement contracts went to SMEs in 2017. We have set a target of 33% for 2020, which is encouraging, but in Scotland in 2018 78% of public procurement contracts went to SMEs and 60% of them went to companies in Scotland. That is a 46% increase in the SME contribution since 2014 and amounts to contracts worth nearly £5 billion. For us, public procurement is a big deal.
Since the SME involvement in public procurement in Scotland is such a success story and such a boon for Scottish businesses and economic diversity north of the border, it is completely unfair that the Government may be planning to maintain control of oversight of public procurement in London. Can the Minister assure me that he is not throwing the baby out with the Brexit bathwater?
Oliver Dowden
I have great respect for the hon. Member for Leigh, but she somewhat overstates her case in respect of the regulations. They are just about continuity; there is no change for businesses affected and we are not seeking to rewrite the regulations. All we are doing is accepting the reality of the situation, which is that the Trade Bill has not completed its passage through Parliament, so we have to find a way to give effect to our international obligations.
The principal international obligation that we have to give effect to is the GPA, which the hon. Lady characterised as a failure. Most people did not expect us to conclude the GPA before exit day, but we managed to deliver that. It covers almost all the access rights for United Kingdom businesses, so they will be able to access third-country markets through our membership of it. The way in which the Constitutional Reform and Governance Act 2010 works means that the measure has to be laid 30 days before it takes effect, which is why it will take effect shortly after exit day. There will be a very small window in which, in theory, UK companies will not be able to access those third-country markets.
As I said last time we discussed this, access remains the default for most third-country markets, so the Governments and legislatures in those countries would have to actively decide and go to the effort of saying that we could not have guaranteed access in that small window—notwithstanding the fact that they know we will have it by the end of the month. In respect of the small number of countries where the default is that we drop out, the situation would have to be that procurements were commenced and completed in that period, so a vanishingly small number of companies will be affected.
On the hon. Lady’s point about the wider access to markets, of course there are further mutual obligations in respect of the bilateral agreements between the EU and third countries to which we are a party through our membership of the EU. On procurement, however, most do not go much further than the GPA that we have already agreed. We are making good progress in concluding bilateral trade agreements; I have outlined the ones that we have already reached.
The other point to remember is that the default policy in the United Kingdom is completely open access, so we already allow access regardless of whether countries are signatories to the GPA or other bilateral agreements. We will simply be maintaining that. The only thing that will be different is the right to remedies for third countries as they enter the UK market. A company in a third country that accesses the UK market would not have remedies unless they were granted by the UK Government. The draft instrument gives continuity, in that they will continue to be able to get remedies. In all other respects, the situation will remain exactly the same.
The hon. Member for Dunfermline and West Fife raised several points on Scottish procurement. We very much want to increase the proportion of SMEs able to access Government procurements, and we are making good progress. There is a slight difference between Scotland and the UK, in that UK contracts tend to be much larger. For example, in reprocuring Trident, it is highly unlikely—in fact, impossible—that an SME would win the contract.
On whether the draft instrument will take powers away from Scotland, I say to the hon. Gentleman that everything will continue as it was before. As he knows, we have proceeded with consent. Scotland is replicating these provisions. It is a long-standing practice that the Scottish Government regulate procurements in respect of Scotland, and the draft instrument does not change that. I hope that reassures him.
In summary, this is a prudent step to ensure continuity, reflecting the fact that it remains the case that no deal remains the default position unless and until Parliament legislates to change that. A responsible Government have to take steps that take that into account. Again, I commend the draft regulations to the Committee.
Question put and agreed to.
Draft Food and Feed (Chernobyl and Fukushima Restrictions) (EU Exit) Regulations 2019
Draft Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019
(5 years, 7 months ago)
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The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)
I beg to move,
That the Committee has considered the draft Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019.
The Chair
With this it will be convenient to consider the draft Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019.
Steve Brine
It is nice to see you in the Chair, Mr Wilson. These instruments, which concern food and feed law, are made under the powers in the European Union (Withdrawal) Act 2018 to make the necessary amendments to UK regulations. This is the third bundle of such regulations that we have debated in these fun sessions.
The Government’s priority is to ensure that the high standard of food and feed safety and consumer protection we enjoy in this country is maintained when the UK leaves the European Union. These statutory instruments correct deficiencies in regulations to ensure that the UK is prepared in the event that it leaves the EU without an agreement. They are limited to necessary technical amendments to ensure the legislation is operative on EU exit day; they make no policy changes.
Leaving the EU with a deal remains the Government’s policy. That is what the public want and expect us to do, and it is most certainly what I as a Minister expect us to do. We are working hard to get to a position where we do that. As the House made clear last night, it does not wish to leave without a withdrawal agreement at the end of March. Regardless, we have to make necessary preparations, and that is what this Committee sitting is about. The primary purpose of these instruments is to ensure that legislation that allows for the protection of the public from radioactive contamination of food resulting from past and any future nuclear accidents is operative on EU exit day. I do not think I have introduced many regulations that we so much hoped would not be needed.
The draft Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019 cover the importation of food from areas affected by historical nuclear accidents at Chernobyl in present-day Ukraine and at Fukushima in Japan. The instrument makes alterations to the legislation governing imports of food from the areas affected by the Chernobyl accident, which, believe it or not, was in 1986, when I was still at school—the shadow Minister was yet to get there. The Chernobyl accident resulted in widespread radioactive contamination, which affected food production in many countries. Thirty-three years after the accident, levels of contamination have fallen, and now only certain products, including wild game, wild mushrooms and berries——
Steve Brine
I just want to cover the berries, which are very important; those products and berries, such as blueberries and cranberries, show high levels of contamination. On berries, I give way.
Mr Dhesi
Sadly, my intervention does not relate to berries. Will the Minister confirm that standards and safeguards will not be watered down as a result of these statutory instruments? We enjoy very high standards and safeguards for permitted levels of radioactive contamination. Can he reassure us that that will continue to be the case post Brexit?
Steve Brine
I can absolutely assure the hon. Gentleman that that is the case. The draft regulations are an import from EU regulations. The European Union (Withdrawal) Act 2018, which I referred to, is a housekeeping piece of legislation, not a changing piece of legislation. If we wished to make changes either way—to strengthen or to weaken such regulations—they would come through the House and be examined by it. I am sure the hon. Gentleman and the good people of Slough would rightly take an interest and have something to say about them—as, indeed, would I.
Ruth George (High Peak) (Lab)
My constituency hosts children coming over from Chernobyl and Ukraine. Children as young as three are already getting cancers, so although levels of radioactivity in foodstuffs may have declined, we are still seeing a much larger prevalence of cancers in that area, particularly among children. Does the Minister agree that it is important not only to encourage such exchanges, so that children can come and eat uncontaminated food and breathe fresh air in this country, but to ensure we keep our country protected from such levels of radioactivity?
Steve Brine
The hon. Lady has put that point very well; I could not disagree with a syllable of that.
This instrument also makes alterations to similar European legislation, regulation 2016/6, which imposes special conditions on the imports of food from areas of Japan that were affected by the Fukushima accident, which was in 2011. In this case, eight years after the accident, higher levels of radioactive contamination are limited to only certain areas of Japan, and affected products include—believe it or not—wild mushrooms again, and other wild vegetables. Wild game may also show high levels of contamination, but those products are not eligible for import into the UK under food safety measures that are not related to these regulations.
As the regulations relate to specific contamination incidents, as radioactivity naturally decays, and since natural and human activities remove contamination from the environment, it is right that the regulations are regularly reviewed to ensure that controls are fit for purpose. The legislation relating to the Chernobyl accident has an expiry date of 31 March 2020—next year—while the legislation relating to the Fukushima accident must be reviewed before 30 June 2019. That is what is stated in the regulations that we are importing.
I raise this point because I want to be clear with the Committee that we will be bringing over those review dates into UK legislation. It is the same point that I made when I responded to the hon. Member for Slough about standards: we are not going to drop the ball in any way on their being reviewed. It is important for those two communities and those two countries that we do that as well as that we ensure that we review the safety risk in this country.
The second statutory instrument in this bundle, the Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019, ensures that regulation 2016/52, the legislation covering the application of maximum permitted levels of radioactivity in food and feed following a nuclear emergency, continues to function effectively after exit. The first statutory instrument is about Chernobyl and Fukushima; the second looks ahead to what we hope will never happen—possible future incidents.
EU law in this area establishes maximum permitted levels of radioactive contamination in food and feed that would come into effect following a nuclear accident or any other case of radiological emergency, which could be an accident involving a medical use, a domestic power incident or, indeed, an aggressive act that led to some form of nuclear accident—although that would not be an accident. The regulation therefore acts as a framework that can be enacted promptly to apply emergency levels of radioactive contamination in food and feed to protect consumers.
If those levels were exceeded, it would have a detrimental effect on human health from the consumption of food contaminated by radioactivity. Applying the levels would assist the response to a radiological incident. Currently, the European Commission holds a range of powers under European legislation that enable it to respond in the event of such an accident or another radiological emergency. Those powers allow the Commission to put in place measures in the form of emergency implementation regulations that apply the maximum permitted levels set out in regulation 2016/52, and so prevent potentially contaminated food from getting on to the marketplace.
Let me emphasise again that there are no changes to policy in these instruments beyond making the minimal changes necessary to rectify the deficiencies in what will be retained EU legislation. I am confident in saying that consumers in the UK will benefit from high standards of food and feed safety. We are committed, as I said to the hon. Member for Slough, to maintaining those.
The instruments will transfer responsibilities from the European Commission to Ministers in England, Wales, Scotland and the devolved authority in Northern Ireland. In addition, the instruments will change references regarding import into the European Union import into the European Union to references regarding import into the United Kingdom—perfectly logical.
To be clear, the draft instruments will not introduce any changes in how food businesses are regulated or run, unlike previous SIs we have discussed in this sequence, nor will they introduce any extra burdens. The instruments provide continuity for businesses, protect consumer interests and ensure that enforcement of the regulations continue in the same way. They will ensure a robust system of control, which will underpin UK businesses’ ability to trade domestically and internationally.
It should be noted that the draft regulations will apply only following a nuclear accident or other radiological emergency, as I have mentioned. They are not intended for routine activities, which are governed through regimes such as those under the domestic Ionising Radiation Regulations 2017 or the Environmental Permitting (England and Wales) Regulations 2016, which the Health and Safety Executive owns.
It is important to note that the devolved Administrations have provided consent for the draft instruments. We have engaged positively with the DAs throughout the development of the regulations, and the engagement is warmly welcomed—as before, I place that on the record.
The regulations therefore constitute a necessary measure to ensure that our food legislation relating to food and feed safety and radiological protection continue to operate effectively after EU exit day. That is the case both for the historical Chornobyl and Fukushima regime and for the future. I urge hon. Members to support both sets of regulations.
Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)
It is a pleasure to serve under your chairmanship this morning, Mr Wilson.
I am genuinely pleased to see the Minister in his place this morning—he knows that I mean that sincerely, because I also know how strongly he feels about the perils of no deal. I thank him for bringing the two draft statutory instruments before the Committee today and for summarising them so well for us.
On Tuesday, we were in Committee to scrutinise some other SIs, and I said that that was a very important day for our country but, as it turns out, the whole week is a very important week for our country. I am pleased that yesterday the House voted to take no deal off the table, although I am aware that does not guarantee it will not happen. However, we are only 15 days away from 29 March, and I am concerned that we are still hurtling towards leaving the European Union without a deal. I hope that tonight article 50 will be extended in order to give the Government more time to prepare, negotiate and provide those affected by these SIs, and all the others we have considered—such as industry and business—with more information about the impact that the changes will have on their day-to-day work.
As I have mentioned in my remarks in each SI Committee—I know that the Minister is probably sick of hearing this, although I try to say it differently each time—I regret that the Government are in this position and that they have run down the clock, achieving very little, as we have seen so far. We are now squeezing through very important legislation in such a short period—although, again, I recognise that that might be extended tonight—but as legislators, which we all are, we have a duty to scrutinise legislation effectively in order to protect the public. However, the Government have not given us enough time to do so effectively.
As the Minister is aware, Labour Members do not have access to the hordes of experts to whom the Government are privy, so I am literally drowning under the weight of all the SIs. I am sure he is, too, but he has a little more help than I do. Another batch of such SIs have been laid before the House this morning, to be dealt with on Monday, so there goes my weekend, and that of my small team. I know what we will be doing most of the time. That is another reason why an extension to article 50 would be welcome.
The health and safety of the public are of the utmost importance, which is why, although I recognise the need to transfer EU law into UK law, I have some questions for the Minister. I am sure that he will answer them in Committee if he can. I apologise in advance if he has already done so in his opening remarks, in which case he can skip answering them again. I have of course written my speech in advance, although I did try to cross out anything that he has already answered.
The draft regulations are a consequence of the UK’s decision to leave the EU, which will also result in our departure from the European Atomic Energy Community, or the Euratom treaty, which covers civil nuclear policy and legislation across the EU, including emergency response to nuclear incidents. Euratom reports to the International Atomic Energy Agency. Have the Government decided what the UK equivalent of Euratom will be, and how it will report to the IAEA?
The explanatory memorandum to the draft regulations on Chernobyl and Fukushima says:
“Where necessary, functions currently undertaken by for instance the European Commission...will be replaced by references to domestic risk management authorities.”
Who will the domestic risk management authorities be?
I am pleased that both explanatory memorandums to the SIs state that all rules will remain the same and that the maximum levels for radioactive contaminants in food will remain as they are now. Will that be kept under review? Will the UK continue to have conversations with the EU to keep the UK’s restrictions in line with the EU’s? If there is another incident—God forbid—on the same scale as Chernobyl and Fukushima, will the UK work with EU countries to mitigate the consequences for the public in this country?
The Minister has mentioned some dates: the retained EU legislation relating to food and feed from countries affected by the Chernobyl incident will expire on 31 March 2020, and the retained EU legislation relating to food and feed from Japan, following the Fukushima nuclear incident, will be reviewed by the Government before 30 June 2019. Will the Minister tell us if his Department has already made an assessment of whether the regulations should be extended? I am particularly concerned about legislation relating to food and feed from Japan, given how close that deadline is—it is only a couple of months away. If the legislation is to be extended or amended, will the Minister tell us how that would happen? Will it take place in a Delegated Legislation Committee such as this one?
The draft regulations on Chernobyl and Fukushima have an associated direct cost to businesses of £5.7 million. Will the Minister justify and explain that high cost? The explanatory memorandum also states that there will be no additional burdens on enforcement bodies. Does the Minister think that is a realistic assessment? Any changes must be clearly and effectively communicated to enforcement bodies, industry and businesses, to ensure that any changes are carried out smoothly. Protecting public health is of great importance and we must ensure that the changes protect members of the public. Any failure to do so may be a risk to UK consumers. I know that the Minister takes that point very seriously and wants to avoid such a risk, and that he will do all he can to mitigate that. I support him in that endeavour and I look forward to his response.
Angela Crawley (Lanark and Hamilton East) (SNP)
I echo the sentiments of the hon. Member for Washington and Sunderland West. I agree that this is an example of why we should seek to extend article 50, and evidence of why it is required.
The draft regulations fix the inoperabilities in the retained EU legislation on special conditions for the import of food and feed that has been affected by nuclear accidents at Chernobyl in Ukraine and Fukushima in Japan that will arise as a consequence of the UK’s exit from the European Union. It replaces EU legislation, Council regulation (Euratom) 2016/52, and lays down the maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency.
The draft regulations give UK-based authorities and bodies responsibility for this regulatory area in the future. What resources have the UK Government provided to those bodies to take on those new important roles? The draft regulations would see the UK authorities take on entirely new roles of expertise. What preparations have the Government made for that?
Jim Fitzpatrick (Poplar and Limehouse) (Lab)
I am looking forward to the Minister’s responses to the questions raised by my hon. Friend the Member for Washington and Sunderland West. I want to make a specific reference to Chernobyl and radiation, which will take me less than a couple of minutes.
For the first responders at Chernobyl, 1986 was a year of gruelling radiation poisoning that for ever changed their lives, along with the very fabric of their DNA. With little protection from radiation other than makeshift lead suits, 28 firemen and employees died in the weeks following the event. Radiation was so strong that the skin peeled off their bodies. The Chernobyl firefighters’ eyes turned from brown to blue.
Many others who survived the acute radiation poisoning returned from the clean-up site with a wealth of ongoing health problems from which they never recovered, including Leonid Petrovich Telyatnikov, who was the officer in charge of the Chernobyl firefighters. I had the privilege of meeting him when he came to London shortly afterwards to brief fire brigade managers and senior safety representatives in the UK on nuclear hazards, radiation and fighting in such instances. He survived for some years before succumbing to cancer, which was attributed to his experience at Chernobyl. I want to place on record the heroism of the first responders who dealt with Chernobyl. The House rightly recognises their heroism at regular intervals. As the SI deals with Chernobyl, it would be inappropriate for me not to put that on the record.
Steve Brine
Let me start by saying that the hon. Member for Poplar and Limehouse always speaks so well. As a former firefighter, he put his comments very well, and they do not require me to add to them.
The shadow Minister, the hon. Member for Washington and Sunderland West, is right that this is an important week for the country. It is the most important week since the last most important week. The House expressed its will last night that it did not want to leave with no withdrawal agreement at the end of March or thereafter, but the House expressing its will is not enough to change the law of the land, which is why the Government said yesterday that they will bring forward measures to do that if necessary. That is why today’s motion is very clear that we will seek a short extension to deal with the necessary EU exit legislation if the House supports a withdrawal agreement before 20 March, with the Council being the next day. If it does not, there will be an extension—for how long?—on or before 20 March.
The point is that it is easy to put a tweet out or to write a headline about what did or did not happen in this place last night, but the bottom line remains unchanged: there are only two ways to stop us leaving without a withdrawal agreement. One is to revoke article 50, which I do not see any remote majority for in the House. The other is to agree a deal. Yes, we have not agreed a deal in January or this week, but just because we have not does not mean that we can’t or shouldn’t. Whether or not we agree one before 20 March, we still at some point have to agree a deal with our friends and closest trading partners in the EU. That is my position and the position of the Government. I think that is pretty clear.
I acknowledge the hon. Lady’s work in this space. I am very fortunate to be surrounded by very clever people who work tirelessly in the FSA and my Department to provide me with all this information. I know it is hard to believe that I do not have all that buried up here in my head, but the hon. Lady has to wade through it pretty much on her own, with a small amount of staff. I know that there is a lot of it, and I acknowledge that work, because the work that the Opposition do and are meant to do never gets noticed in this place. It is an important part of our constitution.
The hon. Lady’s question about levels staying the same is a good one. My point is that just because we are changing our constitutional arrangements does not mean that the science changes—the science is still the science. She asked whether the maximum permitted levels are set appropriately. They are for now. They are recommended and reviewed by the group of experts formed under article 31 of the Euratom treaty and independent scientific advisers to the European Commission. The UK radiological experts in the FSA, Food Standards Scotland and Public Health England agree that the current maximum permitted levels are within safe limits and are appropriate to provide public health protection. When the regulation was presented for consideration by the European Council, EU member states unanimously agreed that the levels were appropriate to deal with these issues. The levels will be kept under review by UK radiological experts in the FSA, FSS and PHE, as indeed they should be.
I made a point about reviewing the regulations, specifically with regards to Japan and Fukushima, because obviously that date is coming up. This is a routine annual review. I said that it will be carried over, and it jolly well should be. The European Commission started the review in January 2019, and the UK has been represented at those sessions by the FSA, in conjunction with the devolved Administrations and FSS. They are already reviewing the data and the measures in place and will continue to engage with the Commission’s review until exit day. The FSA will then assess future measures implemented by the EU and advise Ministers on appropriate controls for the UK. Any SI made would be subject to the usual parliamentary scrutiny. Until then, the current instrument, as ported over into UK law, will apply.
I reiterate the point I made last week, which I also made to the Lords EU Energy and Environment Sub-Committee last week. Just because we are leaving certain structures, that does not mean that relationships will change. The European Food Standards Authority grew out of the Food Standards Agency; it came from us, not the other way around. Those relationships are incredibly strong, and they are to our benefit, as well as the EU’s.
On Euratom, the UK equivalent and who the domestic risk manager will be, Ministers will ultimately manage the risk on advice from the FSA, and FSS north of the border. Their advice to us is always, and will always be, publicly available. We will have continuing dialogue with the Euratom authorities for the reasons I set out, including the historical reasons.
The hon. Member for Washington and Sunderland West asked how we can justify the cost to businesses. This is a similar point to one we have previously covered. The law in this area is not changing, so we consider the costs to this area to be minimal, if anything at all, as businesses are already very familiar with how the law operates. As I said earlier this week, a business starting from scratch would take longer to familiarise itself with the law, but I am not unduly concerned about that.
Finally, the hon. Member for Lanark and Hamilton East, who speaks for the Scottish National party, asked about funding. An extra £14 million last year and £16 million this year has been given to the FSA for its EU exit preparations. About 140 staff—give or take, as things move around—have been recruited, including to its expert bodies. The FSA received a £2 million grant for 2018-19 and for 2019-20 to support food activities related to EU exit pressures within local government and within the port authorities, which is important. I have rightly been asked that question quite a lot throughout this process. Their lordships are interested in this particular point, not least because some of them set up the FSA, and one is its former chairman. I believe—I ask the FSA this question and it is not shy in giving me an answer—and can assure Members that the FSA is appropriately resourced to be the lead agency in this matter. Without further ado, I rest, Mr Wilson.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019.
Draft Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019
Resolved,
That the Committee has considered the draft Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019.—(Steve Brine.)
Draft Architects Act 1997 (Amendment) (EU Exit) Regulations 2019
(5 years, 7 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Housing (Kit Malthouse)
I beg to move,
That the Committee has considered the draft Architects Act 1997 (Amendment) (EU Exit) Regulations 2019.
The regulations were laid before both Houses of Parliament on 18 February 2019. They are part of the Government’s programme of legislation to ensure that if the UK leaves the EU without a deal and implementation period, there will continue to be a functioning legislative and regulatory regime. Leaving the EU with a deal remains the Government’s top priority. That has not changed. However, the responsible thing to do is to accelerate no-deal preparations to ensure that the country is prepared for every eventuality. These regulations are made using powers in the European Union (Withdrawal) Act 2018 to fix legal deficiencies in retained EU law, to reflect the fact that the UK will no longer be an EU member state after exit day.
Our architectural sector is a global leader and plays a significant role in the British economy, with an export surplus of £437 million in 2015 and involvement in key global projects such as the transformation of the Reichstag building in Berlin and the Smithsonian National Museum of African American History and Culture in Washington DC. We want to protect and enhance that position over the coming years.
Let me provide some context for and background to the regulations. The EU’s mutual recognition of professional qualifications directive enables European economic area nationals to have certain qualifications recognised in another member state. That includes the recognition of suitably qualified architects. It is a reciprocal arrangement, allowing UK and other EEA nationals the opportunity easily to register to practise across Europe and allowing UK practices to recruit the best European talent. The Architects Act 1997 sets out the specific procedures for registering architects in the UK. The recognition of qualifications of EEA applicants is carried out by the competent authority, the Architects Registration Board, which is an arm’s length body of my Department.
There are currently three routes to recognition for an EEA architect wishing to register in the UK. The main route to recognition for an EEA national architect is through an automatic recognition system. To qualify for automatic recognition, an EEA national needs to meet three tests. They must have an approved qualification, which means one listed in annex V to the mutual recognition of professional qualifications directive, and they need access to the profession of architect in an EEA member state and a statement from their home competent authority confirming that they are fit to practise.
The second route, known as general systems, provides for recognition for EEA nationals who do not have an approved qualification. The general systems route allows them to map their qualifications and experience against UK standards with the Architects Registration Board. The applicant is offered compensation measures—that is, the opportunity to undertake additional training to make up any differences in qualification. It is a long and costly process, which on average only four people pursue annually.
The third route facilitates the temporary or occasional provision of service. It allows EEA professionals to work in the UK in a regulated profession on a temporary basis, while remaining established in their home state. Typically, fewer than 20 EEA architects pursue that option at any one time.
If the UK leaves the EU without a deal, the mutual recognition of professional qualifications directive will no longer apply in the UK. The regulations will ensure that UK architectural practices can continue to recruit the best European talent and maintain their global reputation as world leaders in the field of architecture. The policy intention is to provide the sector with confidence that almost all applicants will be able to register in the same way after exit day as they do currently. That is the approach favoured by the sector, which recognises the skills brought by these architects as contributing positively to the UK’s reputation as a world leader.
Neil Coyle (Bermondsey and Old Southwark) (Lab)
I am glad that the Minister recognises the UK’s world-leading status in this field, but in saying how much he recognises the contribution that the sector makes, he seems to be failing to recognise the concerns of the Royal Institute of British Architects, which has pointed out that one in five architects working in the UK is from another EU member state. RIBA is asking for a more permanent basis for a new system of mutual recognition of professional qualifications. Why are the Government not providing that?
Kit Malthouse
It is certainly our intention that, once this has landed, the system of recognition will be reviewed. One thing that the regulations do is to freeze the qualifications at a particular date, so that we can buy ourselves some time to have exactly those discussions. I will come to this later, but in relation to other countries, such as Switzerland, that cannot be accommodated in these regulations, there have been very productive conversations, which will allow mutual recognition in the future.
The regulations allow applications made before exit day to be concluded under the current system as far as possible. For future applications, the regulations will freeze the current list of approved qualifications under the EU’s mutual recognition of professional qualifications directive. As a result, after EU exit in a no-deal scenario, an individual holding an approved qualification will be able to join the UK register of architects if they have access to the profession of architect in their home state. That approach will preserve access for UK practices to EEA-qualified architects. The process will be open to anyone with an EEA qualification and access to the profession in the corresponding state, regardless of their citizenship.
Melanie Onn (Great Grimsby) (Lab)
The Minister is not addressing the fact that although the qualification requirements are frozen during the review period, however long it may last, at the end of the period new qualifications may be required. How long does he expect the review period to last before we get a settled position? Does he think there will be a detriment to people if new qualifications come in during the review period?
Kit Malthouse
Those are perfectly reasonable questions. We do not anticipate significant movement in the number of qualifications. Initially, the risk is low, but we would like to get the system under review as much as possible. If it becomes clear that a qualification needs to be accommodated, it is perfectly possible for us to take steps to do that on a one-off basis. The intention behind the system is that we maintain the ability of UK architect practices to access talent from across the world. Let us not forget that quite a lot of architects who come from non-EEA countries work in UK practices. They are accommodated in the UK perfectly happily.
Kit Malthouse
Let me make some progress. We will remove general systems as a route to registration, because it is a long and costly process that is not utilised often and it places a significant unnecessary burden on individuals and the Architects Registration Board. Therefore, applicants without an approved qualification, including applicants who would have previously qualified for acquired rights, will be able to pursue the prescribed exam route and undertake further examinations and periods of study to allow for registration. That is the route currently utilised by third-country nationals.
The regulations provide a legal basis for the Architects Registration Board to continue to communicate with other EEA competent authorities to facilitate recognition decisions, ensuring that the Architects Registration Board can verify that the applicant meets the UK’s high standards of competence. Currently, the ARB facilitates information sharing through the EU internal market information system. Without a deal, we cannot be confident that the ARB will continue to have access to that important information-sharing system; therefore, the regulations place a requirement on the applicant to obtain the relevant information from their home competent authority, should the ARB not be able to secure it correctly.
The regulations will remove the rights to temporary and occasional provision of services, because without guaranteed access to information systems and an agreed process for reciprocation, that route will become unwieldy and of less value. That will have a minimal impact on the sector, because only 12 people are practising on this basis. Historically, fewer than 20 people have practised as architects in the UK on a temporary and occasional basis at any one time.
Our overall approach to these changes is in line with both the policy and the legal intent of the European Union (Withdrawal) Act 2018, and it enacts the policy that the Government set out in the guidance document in January. The draft regulations serve a specific purpose: to prioritise stability and certainty if the UK leaves the EU without a deal or an implementation period. The draft regulations will ensure that the UK continues to have access to top European talent after we leave the EU, thereby helping to maintain our reputation as a global leader in architectural services. Thereafter, the regulations provide a stable basis for Parliament to change the law when it is in the UK’s best interests to do so.
The draft regulations are necessary to ensure that the Architects Act 1997 continues to function appropriately if the UK leaves the EU without a deal or an implementation period. I hope colleagues will join me in supporting the regulations, which I commend to the Committee.
Melanie Onn
It is a pleasure to serve under your chairmanship, Mr Bailey. I will start with some comments from an article in dezeen, an industry online publication, from March 2017:
“Politicians have failed to grasp the value of London’s booming architecture industry, which is worth more than the city’s industrial design, graphics and fashion sectors combined and growing almost twice as fast, according to a new report by the mayor’s office. The London’s Architectural Sector report states that the city’s architecture industry is worth £1.7 billion and is growing at 7.6 per cent every year.”
That figure of £1.7 billion for London is set against the industry’s value of £4 billion to the economy nationally. The industry’s rate of growth in London outstrips that of the creative industries as a whole—they were growing at about 3.9% a year when the article was written—and London’s entire economy, which at that time was expanding by about 3%. The dezeen article continues:
“‘The value of architecture in London may be undervalued by creative policy makers,’ says the report. ‘The sector is 38 per cent bigger than the product, graphic and fashion design sectors.’”
In the article, the director of the London festival of architecture said:
“We cannot take the success of London’s architecture sector for granted. Our research shows that this success—including booming exports—is driven by a diverse workforce from all over the world…We look to the government to negotiate responsible post-Brexit trade deals if London is to remain the world’s architectural hub.”
That goes to the heart of the regulations. We must secure the future of the UK’s booming and well-respected architecture sector.
Neil Coyle
I am pleased to hear a recognition of the importance of the sector to London, but the sector is particularly important to my constituency. We can see the contribution that architecture has made to my constituency simply by looking out of the window. Architects based in my constituency and well beyond are concerned that the freeze, as the Minister described it, will become an ice age. The Government have failed to provide a clear date on which the review will conclude and any new system will be in place. It would be good if the Minister could provide reassurance on that to allay fears in the sector.
Melanie Onn
I am sure that the Minister has clearly heard my hon. Friend. Perhaps the Minister will, in his concluding remarks, give some confidence and security to the sector—it is very important to my hon. Friend’s constituency—in recognition of its value to the UK economy.
Although the regulations go some way to addressing the concerns of the architectural sector, they give rise to further concerns about the secure future growth and stability of the industry. They propose a seemingly short-term solution to provide the sector with some relief in the days after March 29. The regulations do little, however, to make up for the damage that the industry has faced since the referendum, which has caused an alarming amount of uncertainty for businesses in the last two and a half years. That has led directly to the postponement of projects up and down the country as this period of chaos has badly damaged the investment market.
An article on Consultancy.uk referred to the “Global By Design” document published at the start of last year by RIBA, which looked at the opinions of some 1,000 RIBA members. The article talks about the £4.8 billion gross value added to Britain’s economy every year by the sector, and it states:
“A large part of the architectural sector’s pessimism seems to stem from the fact it is so heavily reliant on easy international trade. The UK architecture industry is the largest exporter of architectural services in Europe, and according to RIBA’s report, since the referendum, one fifth of architects have considered taking on even more work internationally. This point is further driven home by the fact that 74% of architects believe that access to the EU single market is necessary, if they are to expand their international workload. Without this apparent life-line, future growth in the industry could be severely hamstrung.”
I do not want to set hares running about a cataclysmic decline of the sector, but there are clear concerns about its future. I hope that the Minister takes them into account in all his consideration of future arrangements.
The article goes on to say that
“68% of architects have already seen Brexit impact their revenue stream, as they had projects put on hold…more than 2 in 5 architects (43%) had projects cancelled since the EU referendum.”
That represents a rise since the last time RIBA published such a report. The Government must now ensure that the sector can recover fully and that it is given the opportunity to grow, following our withdrawal from the European Union at the end of this month.
Chiefly, the regulations fail to guarantee that the UK’s architecture field will continue to be able to attract and retain some of the world’s best architects. Immigration is integral to the success of the architectural sector in the UK, and one in five architects working in the UK is an EU national. Those workers are integral to the creation of new homes, businesses and communities. They enrich our culture, improve our environment and raise our living standards. They diversify technical skills and support exports through language skills and global market knowledge. Despite that, the Government have failed to provide them with assurances that they will be able to continue to share their knowledge with their British colleagues.
In the event of a no-deal Brexit, the mutual recognition of professional qualifications directive, which the Minister mentioned earlier—it enables European architects to practise in the UK without taking additional exams or training—will no longer apply. There will be significant problems because additional barriers will be created. I urge the Minister to do everything possible to reduce those barriers and make the supply of those skills as seamless as possible. The barriers that would spring up as a consequence would halt the ability of EEA-qualified architects to register to practise in the UK as they do now, and they would drown the industry in red tape and bureaucracy.
The Consultancy.uk website has mentioned the potential for a talent exodus. It states that KPMG ran a study that found that
“young, well-educated and high-earning EU nationals are the most likely group to be planning to return to the mainland. As many as 10% of EU nationals with post-graduate degrees, who earn above £50,000 a year are considering the move, creating the potential for a large talent shortage for employers”.
Although it is recognised that that will be focused mainly around public sector services, such as the NHS, the architecture sector has said that the situation may have an impact on it. The article states that
“the architectural scene would likely be similarly stricken by a shortage in talent, should a Brexit be realised that does not protect the right of EU workers to move freely”,
and it goes on to mention that the MRPQ directive enables the free movement of those professionals. Without that directive, even if free movement rights were in place, protected industries would have no standardised way of recognising the equivalence of degrees obtained in different countries, potentially making it very difficult for skilled workers to find employment in Britain. I will talk about tier 2 thresholds later.
The Consultancy.uk article continues:
“Nearly half of respondents…working for large practices told RIBA they are concerned that the prospect of no MRPQ agreement could see them lose valued staff. Confirming these fears, 60% of architects questioned said that they have considered leaving Britain due to Brexit, an increase of 20% since RIBA’s initial survey”
back in 2016. There are still issues that the Minister must take on board, and I hope he is aware of the comments that the industry has shared quite freely on many occasions.
Regulations 7 and 8 may solve the immediate immigration problems facing the architectural industry, but the Government need to consider the long-term factors that the legislation fails to address. The regulations are designed to be a temporary solution, as I have said, and there are two areas in particular where they fall short of the system that the UK currently enjoys as a member of the European Union. Although the qualifications that the directive protects and recognises will be recognised, the list will become out of date as new qualifications inevitably become part of the industry. I asked the Minister about that in an earlier intervention. That will have the consequence of creating a two-tier system for the registration of EEA professionals.
I turn to the question of future proofing the sector. RIBA’s chief executive last year—I hope he is still in post—said that
“many EU architects continue to face uncertainty about their future in the UK. This is unsustainable: it is having a real-time impact on recruitment and is unquestionably a threat to the success of our economy and society. The UK Government must make urgent decisions that allow the sector to thrive today.”
He went on to refer to redundancies that have already taken place in the architectural sector—Conran and Partners has made a handful of redundancies, and I hope that redundancies will be limited to that handful—as well as delays to the start of projects, or to certain stages of different projects. He cites as at least part of the reason uncertainty caused by the Brexit process.
On top of that, the regulations fail to protect the recognition of UK-qualified architects’ qualifications in the EEA in the event of a no-deal Brexit. Those architects will have to rely on the individual registration policies of the 27 member states. The Government must look to establish with the EU a new mutual recognition agreement as soon as possible in order to provide reciprocity, and a date for that would be very welcome. Without such an agreement, the process by which architects can make visa applications seems uncertain. I would welcome any clarification that the Minister can provide.
Architects may well have to apply for a tier 2 skilled visa, and the £30,000 minimum salary requirement for such an application will be unachievable for the large number of architects who do not meet that threshold. Just 5% of tier 2 applications made in the sector between November 2017 and April 2018 were accepted, and that does not give the sector a great deal of confidence that that will be the easiest route through which to secure the talent it requires. Furthermore, becoming a tier 2 sponsor is hard for many architecture firms, because it is an expensive and lengthy process. Has the Minister done any work with the architecture sector and RIBA to assess exactly how much that will cost, and whether the sector can bear the cost? According to RIBA, the number of EU architects registering to practise in the UK has dropped by 42% since 2016. Do the Government recognise that denying the architecture industry a free flow of talent, skills and knowledge will impair its growth and stability?
In his previous role as culture Minister, the right hon. Member for West Suffolk (Matt Hancock), who is now Secretary of State for Health and Social Care, described the architecture and design sector as
“vitally important to our future as an outward looking, creative nation”.
We cannot achieve that future if we only pay lip service to that sentiment. I recognise that he is no longer culture Minister, and there is a new Minister in place, but I hope that the Government continue to express that sentiment. We simply cannot achieve that goal if we do not have the right people in place to make it a reality.
The architecture sector is looking for access to the best talents and skills; trade agreements that open access to foreign markets; support for education, research and innovation; action to address the UK’s infrastructure and housing shortages; and common standards and low compliance costs. Perhaps the Minister, in his closing remarks, will offer the sector some confidence that all of its top issues are being taken into consideration.
Brendan O'Hara (Argyll and Bute) (SNP)
I will be brief. Despite the Scottish National party’s long-held and unqualified opposition to the UK’s withdrawal from the European Union, we understand that if we do have to leave, in whatever form Brexit eventually takes, it is important that the UK Government secure some kind of continuity. Therefore, we will not oppose the regulations. From my reading of them, they will simply put into place arrangements that will be needed to establish a framework to enable a transition that is as orderly as possible, with as little disruption as possible, if there should be a catastrophic no-deal Brexit despite last night’s historic vote. I am satisfied that, in and of themselves, the regulations will have little impact on businesses, charities or voluntary bodies, and no significant impact on the public sector.
What assessment, if any, has been made of the new regulatory and bureaucratic burdens that the regulations will place on businesses? I am thinking particularly about small practices. It is worth noting, as others have done, that in its advice to members, the Royal Institute of British Architects has said that Brexit, with or without a deal, will have “far-reaching implications” for the architecture profession and for the built environment sector generally—[Interruption.]
The Chair
Order. I am sorry to interrupt the hon. Gentleman. I remind Government Members that it is very discourteous to carry on a prolonged and audible dialogue when another Member is speaking.
Brendan O'Hara
Thank you, Mr Bailey; I appreciate that.
The industry is bracing itself for big changes to the rules on freedom of movement and the ability to do business, as well as expecting changes to product and environmental standards in the construction sector, and to the future funding of higher education and research. Surely the Government can see that if Brexit has to happen, it would benefit the UK enormously to become something of a magnet or a destination of choice for young, ambitious, talented and creative people, including architects.
As the hon. Member for Great Grimsby said, we need access to the very best talent and skills, but we hear evidence that the conditions being created by the Government are actually driving skilled EU nationals from our shores. Almost half of EU-born architects say that they have considered quitting the UK, and it would seriously damage the sector if even a small percentage of them did so. The Minister has insisted that the UK will still have access to top European talent, and I would appreciate it if he explained how those two ideas work together.
As I understand it—this was also raised by the hon. Lady—the average annual starting salary for an architect in the UK is around £28,000, which is significantly below the £30,000 that is required to qualify for a tier 2 visa. I fear that it is another example of the Government not quite thinking through the consequences of what is essentially an ideologically driven and self-created set of red lines.
If we have to go through the self-inflicted pain of Brexit, statutory instruments such as this one must be put in place. As I said, we will not oppose the regulations, but I would be grateful if the Minister could answer the questions I have asked, particularly about his view of the UK’s ability to attract, as he described it, the very best European talent. The immigration policy makes it clear that that simply cannot happen.
Kit Malthouse
I thank Committee members for reviewing these regulations. I will attempt to answer some of the questions that have been raised.
First, we acknowledge that the regulations are a temporary fix. Having consulted the industry, we have designed the regulations specifically to provide some immediate security and stability to architects who are operating at the moment and to those who might come in the near future. It is our intention to review the situation pretty quickly, but unfortunately I cannot give the Committee a date. Given that such professions are of high standing and that it takes quite a long time to qualify, one would hope that the level of movement in them will not be swift. Nevertheless, we are committed to reviewing the regulations. From conversations with European counterparts, I know that there is a recognition of the steps we are taking with the policy to recognise qualifications, and possibly a desire to reciprocate.
Part of my job is the discovery of all sorts of strange organisations across the world, and there is one, believe it or not, called the European Network of Architects’ Competent Authorities—the ENACA. At a recent meeting, although I gather that no formal decisions were made, a number of other competent authorities in EEA countries recognised what we were doing and were keen to reciprocate, and to continue to recognise UK-qualified architects where feasibly possible. There are moves already—it would be desirable, as in a number of other professional areas—to seek some kind of mutual recognition. We will review the matter, but unfortunately I cannot give hon. Members a date.
We are very mindful of the fact that architecture is a significant industry of great international repute. It builds buildings and designs other structures not just in Europe, but across the world. The Hong Kong floating airport on an island was designed by a British architect, and we seem to specialise in remarkable bridges across the world. There is a lot of stuff that we can do, and we are very keen to preserve that ability. In order to do so, we have been engaging significantly with the industry.
There have been roadshows and roundtables across the country—London, Birmingham, Newcastle and Cambridge, with more planned for Scotland and Northern Ireland—to understand the impact on the industry, and the industry’s readiness for a no-deal situation. Those discussions go beyond the scope of the regulations. We have met specifically with Foster and Partners, Allies and Morrison, and David Chipperfield Architects—three internationally renowned practices that produce work across the world—to discuss the implications for them.
One thing under consideration is the cost to business, which the hon. Gentleman from Scotland raised. There has not been a review of the cost, because we believe that it falls below the £5 million threshold, but the only imposition that we can foresee is a possible slight delay to the recognition of qualifications. However, we do not think that that will be significant, as long as the Architects Registration Board has access to the appropriate paperwork. Given that the regulations place the obligation on the applicant to produce the paperwork from their home country, the speed of approval is fundamentally in their own hands.
Brendan O'Hara
Given that I appear to be the Member for the whole of Scotland, I ask the Minister for the whole of England whether any assessment has been done on the impact on microbusinesses—very small businesses and one or two-person companies.
Kit Malthouse
There might be a misunderstanding here. Fundamentally, the regulations set out that the recognition of the person’s qualification to practise stays exactly the same. The only thing that changes is that, instead of the Architects Registration Board being able to get the information required to prove that the person has the qualification, the person has to get that information in the event that we do not have access to it. Fundamentally, the ARB will operate in the same way, but the route of access to the information will become the obligation of the individual. It will not be within the ability of the ARB, because of the lack of access to that information.
Competent authorities in the EU may decide to continue to provide the flow of information, in which case nothing will change. We are very keen, in introducing the regulations, to ensure that there is some stability for EEA nationals. We hope that the EU and the competent authorities will reciprocate, but Committee members will understand that that is not under our control. However, we are seeing movement in Europe suggesting that they are keen to do so. In theory, the cost to business should be minimal, because it is just about the flow of paperwork to prove that the qualification is valid.
We are in conversation with the industry, through our general engagement, about the impact of immigration. A discussion is going on, brokered by us, between industry and the Home Office about the impact of the immigration policy that the UK might put in place. We will continue to keep that conversation up and running.
Melanie Onn
I want to take the Minister back to the question of IMI documentation. It can sometimes be difficult for individuals to secure that paperwork, so there may be delays. Will he encourage reciprocity of arrangements to ensure that there are no delays if the IMI information is not available to the ARB?
Kit Malthouse
Absolutely. Nobody wants there to be any delay in the provision of information, and the ARB will seek to obtain that information itself informally and on an ad hoc basis. There is no intention on either side of the channel to hold up the approval of architects’ registration. We want to find a way to co-operate on that process. There is a technical, legal basis, because the IMI may not be available.
Having said that, I have a professional qualification myself—I am a chartered accountant—and if I wanted to practise chartered accountancy in an EEA country, I would expect to have all the documentation in my briefcase when I went to do so. It is not that difficult. If I am paying 450 quid a year for my registration at the Institute of Chartered Accountants, the least it can do is to provide me with my practising certificate, if I am a practising chartered accountant. Sadly, as a moderate accountant, I have not practised for many years.
Do not forget that people with a professional qualification have a requirement to do what is called CPD—continuing professional development—to maintain their suite of skills. That applies just as much to architects, and of course the CPD process is approved by the various competent authorities. The idea that architects qualify, never communicate again with their approving body during their professional life and then cannot find the paperwork when they need it is not a true reflection of the situation, but I understand what the hon. Member for Argyll and Bute was saying.
I hope that that has covered most of the questions. I am grateful to Committee members for considering the regulations. We recognise that the industry is an important one for the UK. Many of the industry’s comments that the hon. Member for Great Grimsby referred to were probably made before we released our policy, which the industry broadly approves of, albeit on a temporary basis. I hope that the Committee will join me in supporting the regulations.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Architects Act 1997 (Amendment) (EU Exit) Regulations 2019.
Draft Jurisdiction and Judgments (Family) (Amendment Etc.) (EU Exit) (No. 2) Regulations 2019
(5 years, 7 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
I beg to move,
That the Committee has considered the draft Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019.
It is a pleasure to serve under your chairmanship, Mr Sharma. The draft regulations form part of the Government’s ongoing work to ensure that we have functioning domestic laws in the event that the UK leaves the European Union without a deal on cross- border co-operation on family law. They give effect to a commitment I gave on behalf of the Government during the Ninth Delegated Legislation Committee’s consideration of our main no-deal family law instrument on 30 January.
That instrument, the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019, has now been made, putting in place the arrangements for cross-border family cases that will apply if we leave the EU without a deal. It revokes the retained EU law in relation to the Brussels IIa regulation and the maintenance regulation and makes consequential changes to domestic law, including changes to ensure that jurisdiction rules on cross-border maintenance matters are restored to their pre-EU form.
This is a very small amending statutory instrument to address a concern raised by our family law stakeholders. The issue is a very technical one, but the concern was raised that the amendments that our main family law SI makes to the Children Act 1989 and the Children (Northern Ireland) Order 1995 inadvertently narrow the jurisdiction of the court and the range of financial remedies that it may order, in comparison with the current position under the EU maintenance regulation. That was not the Government’s intention.
The consequence of not fixing the issue would, in some cases, be to limit the financial remedies that the court can grant. For example, it would be able to make an order only for periodical payments, not for a lump sum or property settlement or transfer. I thank family law practitioners for bringing the issue to our attention. Although the existing approach is workable, the Government have decided to address the concerns about it to ensure that jurisdiction grounds and remedies are not reduced as a result of a no-deal exit.
The draft regulations will therefore amend the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations so that, post exit, with no deal, the court in England and Wales or Northern Ireland will be able to order all types of financial remedies available under the Children Act or the Children (Northern Ireland) Order in circumstances in which a parent, guardian or child is habitually resident or domiciled in England and Wales or Northern Ireland at the date of the application. The draft regulations will also ensure that the court has jurisdiction to order a financial remedy in respect of a child in circumstances where the parents are not married, in a similar way to when child maintenance is considered, ancillary to divorce.
The impact of the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations was set out in an impact assessment published on 24 January. This instrument amends those regulations to rectify the unintended impact of their amendments to the Children Act and the Children (Northern Ireland) Order on the court’s jurisdiction and remedies. The impact of the amended regulations will be as described in the original impact assessment.
I thank those who practise in the field for their interest in our statutory instruments and for coming back to us so that we could make these amendments to ensure that our family law works in the event of no deal. I commend the draft regulations to the Committee.
Yasmin Qureshi (Bolton South East) (Lab)
It is a pleasure to serve under your chairmanship, Mr Sharma.
We will not seek to divide the Committee on the regulations. As the Minister set out, they are very much needed if we Brexit without a deal. This is a very narrow statutory instrument covering an important aspect of family law, so we welcome it.
I place on record my thanks to family law lawyers and to the Law Society. We consulted the Law Society, and it indicated that it accepted the necessity for this statutory instrument.
Lucy Frazer
I thank the hon. Lady for that constructive approach. If we exit the EU without a deal, we need to make sure that our laws work, and it is good to have a cross-House approach on this matter. I commend the SI to the Committee.
Question put and agreed to.
Draft Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019
Draft Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019
(5 years, 7 months ago)
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The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)
I beg to move,
That the Committee has considered the draft Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019.
The Chair
With this it will be convenient to consider the draft Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019.
Steve Brine
It is nice to see you in the Chair, Mr Wilson. These instruments, which concern food and feed law, are made under the powers in the European Union (Withdrawal) Act 2018 to make the necessary amendments to UK regulations. This is the third bundle of such regulations that we have debated in these fun sessions.
The Government’s priority is to ensure that the high standard of food and feed safety and consumer protection we enjoy in this country is maintained when the UK leaves the European Union. These statutory instruments correct deficiencies in regulations to ensure that the UK is prepared in the event that it leaves the EU without an agreement. They are limited to necessary technical amendments to ensure the legislation is operative on EU exit day; they make no policy changes.
Leaving the EU with a deal remains the Government’s policy. That is what the public want and expect us to do, and it is most certainly what I as a Minister expect us to do. We are working hard to get to a position where we do that. As the House made clear last night, it does not wish to leave without a withdrawal agreement at the end of March. Regardless, we have to make necessary preparations, and that is what this Committee sitting is about. The primary purpose of these instruments is to ensure that legislation that allows for the protection of the public from radioactive contamination of food resulting from past and any future nuclear accidents is operative on EU exit day. I do not think I have introduced many regulations that we so much hoped would not be needed.
The draft Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019 cover the importation of food from areas affected by historical nuclear accidents at Chernobyl in present-day Ukraine and at Fukushima in Japan. The instrument makes alterations to the legislation governing imports of food from the areas affected by the Chernobyl accident, which, believe it or not, was in 1986, when I was still at school—the shadow Minister was yet to get there. The Chernobyl accident resulted in widespread radioactive contamination, which affected food production in many countries. Thirty-three years after the accident, levels of contamination have fallen, and now only certain products, including wild game, wild mushrooms and berries——
Steve Brine
I just want to cover the berries, which are very important; those products and berries, such as blueberries and cranberries, show high levels of contamination. On berries, I give way.
Mr Dhesi
Sadly, my intervention does not relate to berries. Will the Minister confirm that standards and safeguards will not be watered down as a result of these statutory instruments? We enjoy very high standards and safeguards for permitted levels of radioactive contamination. Can he reassure us that that will continue to be the case post Brexit?
Steve Brine
I can absolutely assure the hon. Gentleman that that is the case. The draft regulations are an import from EU regulations. The European Union (Withdrawal) Act 2018, which I referred to, is a housekeeping piece of legislation, not a changing piece of legislation. If we wished to make changes either way—to strengthen or to weaken such regulations—they would come through the House and be examined by it. I am sure the hon. Gentleman and the good people of Slough would rightly take an interest and have something to say about them—as, indeed, would I.
Ruth George (High Peak) (Lab)
My constituency hosts children coming over from Chernobyl and Ukraine. Children as young as three are already getting cancers, so although levels of radioactivity in foodstuffs may have declined, we are still seeing a much larger prevalence of cancers in that area, particularly among children. Does the Minister agree that it is important not only to encourage such exchanges, so that children can come and eat uncontaminated food and breathe fresh air in this country, but to ensure we keep our country protected from such levels of radioactivity?
Steve Brine
The hon. Lady has put that point very well; I could not disagree with a syllable of that.
This instrument also makes alterations to similar European legislation, regulation 2016/6, which imposes special conditions on the imports of food from areas of Japan that were affected by the Fukushima accident, which was in 2011. In this case, eight years after the accident, higher levels of radioactive contamination are limited to only certain areas of Japan, and affected products include—believe it or not—wild mushrooms again, and other wild vegetables. Wild game may also show high levels of contamination, but those products are not eligible for import into the UK under food safety measures that are not related to these regulations.
As the regulations relate to specific contamination incidents, as radioactivity naturally decays, and since natural and human activities remove contamination from the environment, it is right that the regulations are regularly reviewed to ensure that controls are fit for purpose. The legislation relating to the Chernobyl accident has an expiry date of 31 March 2020—next year—while the legislation relating to the Fukushima accident must be reviewed before 30 June 2019. That is what is stated in the regulations that we are importing.
I raise this point because I want to be clear with the Committee that we will be bringing over those review dates into UK legislation. It is the same point that I made when I responded to the hon. Member for Slough about standards: we are not going to drop the ball in any way on their being reviewed. It is important for those two communities and those two countries that we do that as well as ensuring that we review the safety risk in this country.
The second statutory instrument in this bundle, the Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019, ensures that regulation 2016/52, the legislation covering the application of maximum permitted levels of radioactivity in food and feed following a nuclear emergency, continues to function effectively after exit. The first statutory instrument is about Chernobyl and Fukushima; the second looks ahead to what we hope will never happen—possible future incidents.
EU law in this area establishes maximum permitted levels of radioactive contamination in food and feed that would come into effect following a nuclear accident or any other case of radiological emergency, which could be an accident involving a medical use, a domestic power incident or, indeed, an aggressive act that led to some form of nuclear accident—although that would not be an accident. The regulation therefore acts as a framework that can be enacted promptly to apply emergency levels of radioactive contamination in food and feed to protect consumers.
If those levels were exceeded, it would have a detrimental effect on human health from the consumption of food contaminated by radioactivity. Applying the levels would assist the response to a radiological incident. Currently, the European Commission holds a range of powers under European legislation that enable it to respond in the event of such an accident or another radiological emergency. Those powers allow the Commission to put in place measures in the form of emergency implementation regulations that apply the maximum permitted levels set out in regulation 2016/52, and so prevent potentially contaminated food from getting on to the marketplace.
Let me emphasise again that there are no changes to policy in these instruments beyond making the minimal changes necessary to rectify the deficiencies in what will be retained EU legislation. I am confident in saying that consumers in the UK will benefit from high standards of food and feed safety. We are committed, as I said to the hon. Member for Slough, to maintaining those.
The instruments will transfer responsibilities from the European Commission to Ministers in England, Wales, Scotland and the devolved authority in Northern Ireland. In addition, the instruments will change references regarding import into the European Union to references regarding import into the United Kingdom—perfectly logical.
To be clear, the draft instruments will not introduce any changes in how food businesses are regulated or run, unlike previous SIs we have discussed in this sequence, nor will they introduce any extra burdens. The instruments provide continuity for businesses, protect consumer interests and ensure that enforcement of the regulations continue in the same way. They will ensure a robust system of control, which will underpin UK businesses’ ability to trade domestically and internationally.
It should be noted that the draft regulations will apply only following a nuclear accident or other radiological emergency, as I have mentioned. They are not intended for routine activities, which are governed through regimes such as those under the domestic Ionising Radiation Regulations 2017 or the Environmental Permitting (England and Wales) Regulations 2016, which the Health and Safety Executive owns.
It is important to note that the devolved Administrations have provided consent for the draft instruments. We have engaged positively with the DAs throughout the development of the regulations, and the engagement is warmly welcomed—as before, I place that on the record.
The regulations therefore constitute a necessary measure to ensure that our food legislation relating to food and feed safety and radiological protection continue to operate effectively after EU exit day. That is the case both for the historical Chornobyl and Fukushima regime and for the future. I urge hon. Members to support both sets of regulations.
Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)
It is a pleasure to serve under your chairmanship this morning, Mr Wilson.
I am genuinely pleased to see the Minister in his place this morning—he knows that I mean that sincerely, because I also know how strongly he feels about the perils of no deal. I thank him for bringing the two draft statutory instruments before the Committee today and for summarising them so well for us.
On Tuesday, we were in Committee to scrutinise some other SIs, and I said that that was a very important day for our country but, as it turns out, the whole week is a very important week for our country. I am pleased that yesterday the House voted to take no deal off the table, although I am aware that does not guarantee it will not happen. However, we are only 15 days away from 29 March, and I am concerned that we are still hurtling towards leaving the European Union without a deal. I hope that tonight article 50 will be extended in order to give the Government more time to prepare, negotiate and provide those affected by these SIs, and all the others we have considered—such as industry and business—with more information about the impact that the changes will have on their day-to-day work.
As I have mentioned in my remarks in each SI Committee—I know that the Minister is probably sick of hearing this, although I try to say it differently each time—I regret that the Government are in this position and that they have run down the clock, achieving very little, as we have seen so far. We are now squeezing through very important legislation in such a short period—although, again, I recognise that that might be extended tonight—but as legislators, which we all are, we have a duty to scrutinise legislation effectively in order to protect the public. However, the Government have not given us enough time to do so effectively.
As the Minister is aware, Labour Members do not have access to the hordes of experts to whom the Government are privy, so I am literally drowning under the weight of all the SIs. I am sure he is, too, but he has a little more help than I do. Another batch of such SIs have been laid before the House this morning, to be dealt with on Monday, so there goes my weekend, and that of my small team. I know what we will be doing most of the time. That is another reason why an extension to article 50 would be welcome.
The health and safety of the public are of the utmost importance, which is why, although I recognise the need to transfer EU law into UK law, I have some questions for the Minister. I am sure that he will answer them in Committee if he can. I apologise in advance if he has already done so in his opening remarks, in which case he can skip answering them again. I have of course written my speech in advance, although I did try to cross out anything that he has already answered.
The draft regulations are a consequence of the UK’s decision to leave the EU, which will also result in our departure from the European Atomic Energy Community, or the Euratom treaty, which covers civil nuclear policy and legislation across the EU, including emergency response to nuclear incidents. Euratom reports to the International Atomic Energy Agency. Have the Government decided what the UK equivalent of Euratom will be, and how it will report to the IAEA?
The explanatory memorandum to the draft regulations on Chernobyl and Fukushima says:
“Where necessary, functions currently undertaken by for instance the European Commission...will be replaced by references to domestic risk management authorities.”
Who will the domestic risk management authorities be?
I am pleased that both explanatory memorandums to the SIs state that all rules will remain the same and that the maximum levels for radioactive contaminants in food will remain as they are now. Will that be kept under review? Will the UK continue to have conversations with the EU to keep the UK’s restrictions in line with the EU’s? If there is another incident—God forbid—on the same scale as Chernobyl and Fukushima, will the UK work with EU countries to mitigate the consequences for the public in this country?
The Minister has mentioned some dates: the retained EU legislation relating to food and feed from countries affected by the Chernobyl incident will expire on 31 March 2020, and the retained EU legislation relating to food and feed from Japan, following the Fukushima nuclear incident, will be reviewed by the Government before 30 June 2019. Will the Minister tell us if his Department has already made an assessment of whether the regulations should be extended? I am particularly concerned about legislation relating to food and feed from Japan, given how close that deadline is—it is only a couple of months away. If the legislation is to be extended or amended, will the Minister tell us how that would happen? Will it take place in a Delegated Legislation Committee such as this one?
The draft regulations on Chernobyl and Fukushima have an associated direct cost to businesses of £5.7 million. Will the Minister justify and explain that high cost? The explanatory memorandum also states that there will be no additional burdens on enforcement bodies. Does the Minister think that is a realistic assessment? Any changes must be clearly and effectively communicated to enforcement bodies, industry and businesses, to ensure that any changes are carried out smoothly. Protecting public health is of great importance and we must ensure that the changes protect members of the public. Any failure to do so may be a risk to UK consumers. I know that the Minister takes that point very seriously and wants to avoid such a risk, and that he will do all he can to mitigate that. I support him in that endeavour and I look forward to his response.
Angela Crawley (Lanark and Hamilton East) (SNP)
I echo the sentiments of the hon. Member for Washington and Sunderland West. I agree that this is an example of why we should seek to extend article 50, and evidence of why it is required.
The draft regulations fix the inoperabilities in the retained EU legislation on special conditions for the import of food and feed that has been affected by nuclear accidents at Chernobyl in Ukraine and Fukushima in Japan that will arise as a consequence of the UK’s exit from the European Union. It replaces EU legislation, Council regulation (Euratom) 2016/52, and lays down the maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency.
The draft regulations give UK-based authorities and bodies responsibility for this regulatory area in the future. What resources have the UK Government provided to those bodies to take on those new important roles? The draft regulations would see the UK authorities take on entirely new roles of expertise. What preparations have the Government made for that?
Jim Fitzpatrick (Poplar and Limehouse) (Lab)
I am looking forward to the Minister’s responses to the questions raised by my hon. Friend the Member for Washington and Sunderland West. I want to make a specific reference to Chernobyl and radiation, which will take me less than a couple of minutes.
For the first responders at Chernobyl, 1986 was a year of gruelling radiation poisoning that for ever changed their lives, along with the very fabric of their DNA. With little protection from radiation other than makeshift lead suits, 28 firemen and employees died in the weeks following the event. Radiation was so strong that the skin peeled off their bodies. The Chernobyl firefighters’ eyes turned from brown to blue.
Many others who survived the acute radiation poisoning returned from the clean-up site with a wealth of ongoing health problems from which they never recovered, including Leonid Petrovich Telyatnikov, who was the officer in charge of the Chernobyl firefighters. I had the privilege of meeting him when he came to London shortly afterwards to brief fire brigade managers and senior safety representatives in the UK on nuclear hazards, radiation and fighting in such instances. He survived for some years before succumbing to cancer, which was attributed to his experience at Chernobyl. I want to place on record the heroism of the first responders who dealt with Chernobyl. The House rightly recognises their heroism at regular intervals. As the SI deals with Chernobyl, it would be inappropriate for me not to put that on the record.
Steve Brine
Let me start by saying that the hon. Member for Poplar and Limehouse always speaks so well. As a former firefighter, he put his comments very well, and they do not require me to add to them.
The shadow Minister, the hon. Member for Washington and Sunderland West, is right that this is an important week for the country. It is the most important week since the last most important week. The House expressed its will last night that it did not want to leave with no withdrawal agreement at the end of March or thereafter, but the House expressing its will is not enough to change the law of the land, which is why the Government said yesterday that they will bring forward measures to do that if necessary. That is why today’s motion is very clear that we will seek a short extension to deal with the necessary EU exit legislation if the House supports a withdrawal agreement before 20 March, with the Council being the next day. If it does not, there will be an extension—for how long?—on or before 20 March.
The point is that it is easy to put a tweet out or to write a headline about what did or did not happen in this place last night, but the bottom line remains unchanged: there are only two ways to stop us leaving without a withdrawal agreement. One is to revoke article 50, which I do not see any remote majority for in the House. The other is to agree a deal. Yes, we have not agreed a deal in January or this week, but just because we have not does not mean that we can’t or shouldn’t. Whether or not we agree one before 20 March, we still at some point have to agree a deal with our friends and closest trading partners in the EU. That is my position and the position of the Government. I think that is pretty clear.
I acknowledge the hon. Lady’s work in this space. I am very fortunate to be surrounded by very clever people who work tirelessly in the Food Standards Agency and my Department to provide me with all this information. I know it is hard to believe that I do not have all that buried up here in my head, but the hon. Lady has to wade through it pretty much on her own, with a small amount of staff. I know that there is a lot of it, and I acknowledge that work, because the work that the Opposition do and are meant to do never gets noticed in this place. It is an important part of our constitution.
The hon. Lady’s question about levels staying the same is a good one. My point is that just because we are changing our constitutional arrangements does not mean that the science changes—the science is still the science. She asked whether the maximum permitted levels are set appropriately. They are for now. They are recommended and reviewed by the group of experts formed under article 31 of the Euratom treaty and independent scientific advisers to the European Commission. The UK radiological experts in the FSA, Food Standards Scotland and Public Health England agree that the current maximum permitted levels are within safe limits and are appropriate to provide public health protection. When the regulation was presented for consideration by the European Council, EU member states unanimously agreed that the levels were appropriate to deal with these issues. The levels will be kept under review by UK radiological experts in the FSA, FSS and PHE, as indeed they should be.
I made a point about reviewing the regulations, specifically with regards to Japan and Fukushima, because obviously that date is coming up. This is a routine annual review. I said that it will be carried over, and it jolly well should be. The European Commission started the review in January 2019, and the UK has been represented at those sessions by the FSA, in conjunction with the devolved Administrations and FSS. They are already reviewing the data and the measures in place and will continue to engage with the Commission’s review until exit day. The FSA will then assess future measures implemented by the EU and advise Ministers on appropriate controls for the UK. Any SI made would be subject to the usual parliamentary scrutiny. Until then, the current instrument, as ported over into UK law, will apply.
I reiterate the point I made last week, which I also made to the Lords EU Energy and Environment Sub-Committee last week. Just because we are leaving certain structures, that does not mean that relationships will change. The European Food Standards Authority grew out of the Food Standards Agency; it came from us, not the other way around. Those relationships are incredibly strong, and they are to our benefit, as well as the EU’s.
On Euratom, the UK equivalent and who the domestic risk manager will be, Ministers will ultimately manage the risk on advice from the FSA, and FSS north of the border. Their advice to us is always, and will always be, publicly available. We will have continuing dialogue with the Euratom authorities for the reasons I set out, including the historical reasons.
The hon. Member for Washington and Sunderland West asked how we can justify the cost to businesses. This is a similar point to one we have previously covered. The law in this area is not changing, so we consider the costs to this area to be minimal, if anything at all, as businesses are already very familiar with how the law operates. As I said earlier this week, a business starting from scratch would take longer to familiarise itself with the law, but I am not unduly concerned about that.
Finally, the hon. Member for Lanark and Hamilton East, who speaks for the Scottish National party, asked about funding. An extra £14 million last year and £16 million this year has been given to the FSA for its EU exit preparations. About 140 staff—give or take, as things move around—have been recruited, including to its expert bodies. The FSA received a £2 million grant for 2018-19 and for 2019-20 to support food activities related to EU exit pressures within local government and within the port authorities, which is important. I have rightly been asked that question quite a lot throughout this process. Their lordships are interested in this particular point, not least because some of them set up the FSA, and one is its former chairman. I believe—I ask the FSA this question and it is not shy in giving me an answer—and can assure Members that the FSA is appropriately resourced to be the lead agency in this matter. Without further ado, I rest, Mr Wilson.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019.
Draft Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019
Resolved,
That the Committee has considered the draft Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019.—(Steve Brine.)