DRAFT ZOONOTIC DISEASE ERADICATION AND CONTROL (AMENDMENT) (EU EXIT) REGULATIONS 2019
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
I beg to move,
That the Committee has considered the draft Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019.
It is a pleasure to serve on the Committee with you in the Chair, Mr Robertson. This statutory instrument applies to the United Kingdom and is being made under enabling powers in the European Union (Withdrawal) Act 2018. It makes technical changes to ensure operability post EU exit, and transfers powers held by the European Commission to the appropriate Ministers in the UK. It ensures that when the UK leaves the EU, there will continue to be functioning regulatory and legislative controls to protect human health against zoonotic disease, which is—some Members were asking this earlier—disease that may transfer from animals to humans, in this case with a particular focus on salmonella.
I should make it clear, first, that the instrument does not make any changes to the standards set out in the EU regulations, and secondly, that in transferring the powers held by the Commission to appropriate Ministers in the UK, there is no intention to lower the standards that protect the public from the risk of contracting salmonella from poultry. Thirdly, we have worked with the devolved Administrations on this instrument, and they have given consent to it.
The current EU requirements set out in EU regulation 2160/2003 and related legislation set targets to reduce the prevalence of salmonellas of public significance in poultry. Targets are achieved through control programmes, regular sampling for the presence of salmonella and action such as culling where salmonella is found. Where poultry and hatching eggs are traded between EU member states and with other countries, the results of salmonella sampling must be shown on health certificates. Trade with countries outside the EU is permitted only if the country is on a list of approved third countries with equivalent controls.
The SI makes technical amendments; for example, it removes or amends references to EU institutions such as Community reference laboratories and the Commission —references that will no longer be appropriate after EU exit. There are no changes to the standards in the EU regulations.
Part 2—the main part of this SI—transfers powers currently held by the Commission to the appropriate Ministers in the UK. The powers that are being transferred permit procedural and technical changes relating to, for example, targets for the reduction of the prevalence of salmonella, detailed requirements for control programmes and specifying the responsibilities and tasks of laboratories.
Theresa Villiers (Chipping Barnet) (Con)
It would be helpful to know whether anything in the regulations will address anti-microbial resistance risks. Although those risks are obviously a significant threat to human health, zoonotic diseases affect the risk of AMR in the animal population having an effect on the human population. If we are to tackle AMR, it is crucial that we have in mind problems relating to zoonotic diseases. I would be very grateful if the Minister commented on that point.
David Rutley
My right hon. Friend makes an important point. I know she has a keen interest in these issues. Overall, British Poultry Council members have reduced antibiotic use by 80 tonnes—by 85%—between 2013 and 2017. That is important. We are keen to reduce AMR across the population, and among farmed animals, over the next few years. In poultry, we already see significant reduction.
These powers also permit the Secretary of State to make changes to the list of third countries from which imports of live poultry and hatching eggs may be accepted. Part 3 makes minor consequential changes to European economic area agreements. Part 4 makes very minor consequential amendments to secondary legislation in England, Scotland and Northern Ireland; the Welsh Government have chosen to make the corresponding changes separately. Part 5 ensures that existing programmes controlling salmonella in poultry through regular testing and control methods, such as culling and restrictions on eggs from infected flocks, will remain in place after exit day, and that the reference laboratories carrying out testing and analysis are able to continue to operate without new designations.
As a result of transferring powers to the devolved Administrations, instead of having UK-wide targets for the reduction of salmonella and UK-wide national control programmes, each Administration will have their own. We will continue to work closely with the devolved Administrations to establish sensible ways of working together to maintain a coherent UK system of controlling zoonotic disease after EU exit while respecting the devolution settlements. The control programmes in the devolved Administrations will continue to function after we leave the EU much as they do now. Targets will be set at the same level, and requirements for testing, culling and other restrictions will remain unchanged.
Ian C. Lucas (Wrexham) (Lab)
I represent Wrexham, which is on the border, as the Minister, who comes from Cheshire, knows well. Businesses in Wrexham—food-related business, in particular—will be very interested in the fact that the regime that is being put in place in Wrexham appears to be separate from the one that will apply in, for example, Chester. Has there been any consultation on that? If so, who has carried it out?
David Rutley
I thank the hon. Gentleman for that intervention. I hope his team is doing better than Macclesfield, although we are in a higher division. However, let us move on from the football.
David Rutley
I just wanted to rub it in. We have respect for football and many other things.
Although there will be different control programmes, the targets will be set at the same level. The point is that we want to continue to work with the devolved Administrations. They have had engagement with the process. The hon. Gentleman makes an important point about consultation. I was just moving on to that, so I am grateful to him for raising it. We have not consulted formally, because that is not required. A large number of EU exit statutory instruments make minor amendments or introduce the technical fixes necessary to ensure a functioning statute book. In such cases, as with this statutory instrument, consultation is not required as there is no change to policy. Nevertheless, we and the devolved Administrations have engaged with key stakeholders about the instrument, and we have explained that there will be separate targets and control programmes in each Administration once it takes effect. That is understood by stakeholders.
Ian C. Lucas
Can the Minister clarify that for me? As I understand it, these regulations are currently dealt with at an EU level, and in the future they will be dealt with separately by the Welsh Government and the UK Government. Is it not the case, therefore, that by definition there is a change in policy, because there is a transfer and an introduction of different standards in Wales and the rest of the UK?
David Rutley
I understand that point. If the hon. Gentleman or any of his local businesses need further clarification, I will gladly pick that up separately. We want to make sure people fully understand. We are moving from a UK-wide control programme to one that is devolved, so these powers will be transferred not only to the UK but to the devolved Administrations.
The devolved Administrations have been involved with this. I have worked with them, and visited the Scottish Government. There is an active dialogue on these really important issues. I do not think anyone is seeking to change standards in this area imminently—the hon. Member for East Kilbride, Strathaven and Lesmahagow is nodding. That is where we are, but that is not to say that, at some point in the distant future, if we were to move to this scenario, there might not be some divergence, but that is not planned right now. I assure the hon. Member for Wrexham that I will happily meet him separately or arrange meetings with his local poultry producers if required.
As the control programmes will continue to operate much as they do now, the potential impact of this SI have been estimated to be unlikely to be significant. As a result, no impact assessment has been undertaken.
The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 aim to ensure that there will be functioning regulatory and legislative controls for salmonella in poultry when the UK leaves the EU. For the reasons I set out, I commend this statutory instrument to the Committee.
David Rutley
I thank members of the Committee for their contributions. As ever, I will endeavour to answer some questions, and will seek inspiration for others, before the end of the Committee.
The hon. Member for Stroud asked why the draft regulations were originally laid before the sifting Committee as being subject to the negative procedure. At that time, we did not seek to transfer functions from the Commission. Those provisions were added in as events evolved, and the procedure was changed as a result. I am sure that he is grateful that the draft regulations have been granted the degree of scrutiny to which he is accustomed.
The hon. Gentleman also asked why the regulations did not relate to zoonotic regulations more widely. Regulation 216/2003 creates a framework through which any zoonotic disease can be regulated and, at present, the EU only uses the framework to regulate salmonella.
The hon. Gentleman asked about the particular pressures on reference laboratories and others on day one. Poultry is tested on the farm at present, and there is no reason to believe that there would be any additional pressures on day one on reference laboratories or enforcement bodies. The Animal and Plant Health Agency is confident there is sufficient capacity to operate as normal.
The hon. Gentleman also talked about the testing laboratories. The current laboratories in England—there is one in Weybridge—and a similar laboratory in Northern Ireland will continue to operate as normal. He mentioned resources. As I said, APHA is confident that its expertise will continue to be able to enforce salmonella controls post EU exit.
There was also some concern from the hon. Gentleman, and from the hon. Member for Wrexham, about how the devolved Administrations would work together. We are exploring options to combine the expertise of advisory agencies and committees to build on existing capability and expertise and to provide advice from day one in a no-deal scenario. We are also exploring what modifications might be needed to existing decision-making machinery, with the aim of having joined-up evidence in a flexible decision-making process, in order to operate to deliver our biosecurity needs.
Salmonella testing is carried out by UK laboratories approved by the Department for Environment, Food and Rural Affairs and the Food Standards Agency. That will not be affected by EU exit. As I said, our current reference laboratories in England and Northern Ireland will continue to operate as normal.
I want to reassure the Committee that, although there will be an operational change in the sense that the different control programmes will be administered by the devolved Administrations instead of a single UK entity, they will continue to have a joined-up approach. That was extensively highlighted by the hon. Member for East Kilbride, Strathaven and Lesmahagow.
My right hon. Friend the Member for Chipping Barnet and the hon. Member for East Kilbride, Strathaven and Lesmahagow raised anti-microbial resistance, which is important. We talked about what is happening with poultry trends. I am trying to keep my remarks to the point, as the hon. Member for Stroud did, but there are concerns about AMR more generally. The partnership with the livestock protectors in every profession has already reduced the sales of veterinary antibiotics by 40%, down to the lowest level seen since records began in the 1990s. The Government are working with vets and farmers and are committed to further reducing the use of antibiotics in animals by 25% between 2016 and 2020.
Some concern was expressed about international trade. I am trying to read through the inspiration that I have received—
David Rutley
I was asked whether the US was on the third country list. It is. To get on the list, it will have had to demonstrate that it has an equivalent control programme.
I know the hon. Member for Plymouth, Sutton and Devonport is very assiduous on these Committees, and he has been very disciplined today, but I want to reassure him that this in no way seeks to water down our standards at all. In terms of chlorine-washed chicken, the existing food safety provisions from the EU will come across with the European Union (Withdrawal) Act 2018, which will make sure that those protections are in place.
I hope that I have been able to answer the Committee’s questions, and I commend this statutory instrument to the Committee.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019.