Exiting the European Union (Plant Health)
(Limited Text - Ministerial Extracts only)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
I beg to move,
That the draft Plant Health (Amendment etc.) (EU Exit) Regulations 2019, which were laid before this House on 22 July, be approved.
These regulations amend the Plant Health (EU Exit) Regulations 2019 to ensure that recent EU-derived protective measures against the introduction and spread of harmful plant pests continue to remain effective and operable on leaving the EU. The 2019 regulations, which were debated in this House on 19 March, are an important element of the EU exit legislation that we have put in place to maintain plant biosecurity, and they set out a list of harmful pests and plant material that will continue to be regulated.
It is our responsibility to protect biosecurity across plant and animal health, as well as to protect the wider ecosystem. It is also important that we have a robust process of ongoing review to strengthen biosecurity protections, where this is possible and necessary, as we leave the EU. These draft regulations are specifically about protecting plant biosecurity, and the amendments address technical deficiencies and inoperability issues—that is quite a mouthful—relating to retained EU law on plant health that could arise when we leave the EU. I should make it clear that all the amendments introduced by this instrument are simply technical operability amendments and do not introduce any policy changes. They ensure that existing measures set out in EU legislation and national measures introduced under the EU’s plant health directive will continue to apply to the UK as we leave the EU.
Jim Shannon (Strangford) (DUP)
First, let me say what a joy it is to see the Minister in her role, and I wish her well in that position. In recent times, and in many of the papers I have had the chance to read, alien species, be they plant or animal life, have become a growing issue. Does the Minister feel that the legislation coming forward—I am mindful that the Minister has said that this is not a change—will be able to ensure that those alien species, wherever they come from, be they from the sea or land, become a thing of the past, rather than something we have to endure and live with?
Rebecca Pow
I thank the hon. Gentleman for his intervention. As he will know, I have an interest in this area, and I wish to give assurances that this Government are taking alien species extremely seriously. We do not want invasive species coming into this country, and we will give assurances that we will have the highest level of protections and standards as we go forward, as this example today on plant biosecurity will demonstrate. This is a belt and braces step we are taking today.
Susan Elan Jones (Clwyd South) (Lab)
I have a quick question for the Minister. Many of us are very concerned about regulated plant material coming in from third countries via the EU. What will happen with the checking? Many of us are very concerned about what this could mean in terms of pests and diseases.
Rebecca Pow
Again, the hon. Lady raises a good point. We are setting up the most stringent system and checks. I will perhaps make some references to that in my summing up at the end, because people are concerned about it. However, we are revered for our standards on these things already, and we will be strengthening our checks and balances, because it is so important to us as an island that we address these things.
The majority of the changes update the list of regulated plant pests and plant material and associated import and movement requirements relating to host material in the 2019 regulations to reflect the recent amendments to the list in the plant health directive made by Commission implementing directive 2019/523, as a result of technical changes in the assessment of risks presented by particular pests and diseases. Important changes are included, regulating against new threats, such as the lemon tree borer, which affects a great deal more species than just lemon trees, including species in this country, and strengthening protections against the tobacco whitefly and the pine processionary moth, for which the UK currently has protected zone status. In addition, the list is being updated to ensure that specific national measures that have been introduced under EU provisions to protect against the rose rosette virus and the oak processionary moth remain operable after we exit the EU. I thought I would just say a bit about those two things because they are the new things we are ensuring protection against.
The rose rosette virus is an extremely damaging disease that will affect our wonderful roses. It is already widespread in the USA and parts of Canada, where it has had devastating impacts, and it was found for the first time in 2017 in India. The virus affects all roses—
Rebecca Pow
I shall just finish describing the horrific effects of this virus, if the hon. Gentleman does not mind. The virus affects all roses and its mite vector may be present in both plants and plant parts. Current EU regulations restrict the import of plants for planting from non-European countries to plants which are dormant and free from leaves, flowers and fruit, but this is not sufficient to prevent the entry of this devastating virus, which is why we introduced national protections, which we want to retain into the future. Can you imagine, Mr Deputy Speaker, if the virus got a hold in our gardens, where we love and revere roses so much? It would have a terrible impact, as it would have on our high-quality rose breeders and the whole of that industry. It is extremely serious. Interestingly, the EU is now following our lead and is going to copy what we do. That sets us up as leaders.
Mr Jim Cunningham
I welcome the Minister to her new position. Can she give me an example of what I would call an early warning system? Do we have one so that we can get on top of diseases as soon as possible?
Rebecca Pow
That intervention leads me neatly to the other thing that we are protecting, so I will answer the hon. Gentleman’s question shortly. The oak processionary moth is native to southern Europe. Its caterpillars eat the leaves of oak trees, thereby affecting the health of the trees. They also shed poisonous hairs that can cause adverse reactions in humans. The majority of the UK is designated as a protection zone against this damaging pest. It is established in many parts of Europe and its distribution has recently expanded, including in the UK, where some cases were found earlier this year. Fortunately, the Government took rapid action—this answers the hon. Gentleman’s question. We have in place a good system: first, we strengthened the existing national protections against the pest by tightening import requirements. The Forestry Commission and the Animal and Plant Health Agency then took swift action to eradicate any signs of the moth, its larvae or its caterpillars. An excellent surveillance system swung into action and lots of work was done to trace the creatures and destroy the caterpillars and, indeed, infested and related trees. All the infested trees were intercepted in the protection zone and any signs of the moths and the trees they attacked have been destroyed. It is important that we ensure the continued operability of the strengthened import requirements, to ensure ongoing protection. That is why we are proceeding with this legislation.
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
The Minister has given a full and interesting answer. Global warming is upon us, and of course as global warming proceeds, various species of animals and flowers are migrating ever northwards to the British Isles and across Europe. I plead with the Minister to consult our scientists and experts at Oxford, Cambridge, Edinburgh and St Andrews on what dangerous species might be tempted north, even into my constituency, by what is happening in the world.
Rebecca Pow
That is very much on the Government’s radar. Indeed, DEFRA is really strong in this policy area and works constantly to see what new threats might be coming into and out of the country. As an island nation, it is important that we are really on the ball. We are going to remain part of the European and Mediterranean Plant Protection Organisation, which involves many more European countries, as well as many others, all working towards the same goal.
Rebecca Pow
I am going to press on, because time is tight.
The instrument will amend primary legislation to remove references to EU obligations. The changes have no operational impact, but simply remove redundant and inoperable references to EU obligations. The devolved Administrations have provided their consent for the changes to be made for the whole UK—I think that answers the question that the hon. Member for Strangford (Jim Shannon) was going to ask.
Rebecca Pow
Regulation 2 of the instrument applies to Great Britain, regulation 3 applies to Northern Ireland, and regulations 4 and 5 apply to England, Wales and Northern Ireland.
The instrument’s purpose is to ensure that an operable legal framework is in place on EU exit day and to facilitate the flow of goods while preserving the current plant health regime’s overall aim of preventing and managing pest and disease threats. For those reasons, I commend the regulations to the House.
Mr Deputy Speaker (Sir Lindsay Hoyle)
I welcome the shadow Minister, the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), to his position.
Rebecca Pow
I thank all Members who have contributed to the debate. There were a great many more interventions than one might have expected, and I am heartened to hear that so many people are interested in plants and our biosecurity, which is extremely important to all of us in so many ways. I particularly want to thank the shadow Minister, the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), for kindly welcoming me to my place—we are going to be a south-west stronghold. I am delighted that he is supporting the regulations. I also thank the Chairman of the Environment, Food and Rural Affairs Committee, my hon. Friend the Member for Tiverton and Honiton (Neil Parish), for his kind words, and the hon. Member for Falkirk (John Mc Nally), with whom I had many enjoyable times on the Environmental Audit Committee. Working together on these things is important.
In order to prepare for the UK leaving the EU, it is essential that we have the right legislation in place to continue to protect plant biosecurity, while facilitating the trade and movement of plants and plant material around the world. We have a great many plants coming into the UK, but equally we export a great many plants. That must continue, but it must be safe, and we must be sure that any diseases or pests are under a tight microscope.
I take slight issue with the shadow Minister, because I do not believe that this statutory instrument has been rushed. Importantly, as I mentioned—I am sure he was listening—these regulations update legislation to include the particular biodiversity threats posed by the rosette virus and the oak processionary moth. Those threats have come to light since 31 March, and it was essential that we included them in the regulations. That demonstrates that we are on the ball and will not let things pass under the radar. I hope that the shadow Minister agrees.
A number of points were raised, and I will whizz through a few of them. The hon. Member for Strangford (Jim Shannon) asked what we are doing about alien species. As I said, we work with evidence to develop a risk-based and proportionate approach to plant health measures. We have in the past introduced precautionary national measures to protect the UK against threats that we see arising elsewhere in the EU and beyond. A good example is the stronger national legislation we put in place against Xylella fastidiosa in response to the situation elsewhere in the EU. We are now introducing national legislation to protect against the oak processionary moth and a potato pest called Epitrix.
The hon. Member for Clwyd South (Susan Elan Jones) raised a question about material in transit from third countries. Regulated material will transit in sealed conditions through the EU with a phytosanitary certificate. Material entering England via the roll-on roll-off ports will need to transit to a point of first arrival in England, where plant health inspectors will carry out plant health checks. A very definite system is set in place, and people exporting and importing plant material have all had notification of this, so it is quite clear what is going to happen. Such material must be pre-notified to the APHA, which will inspect it before releasing it, and direct third-country imports, sea and air freight will be checked at the border, as currently.
Luke Pollard
Briefly on that point, in an SI Committee in which we talked about checking air freight, a Minister mentioned containerisation, but did not mention any containers coming via a rail link. Given what the Minister has said today, can she say whether that includes any freight that comes via rail?
Rebecca Pow
Well spotted. I am glad that the shadow Minister is on his toes. Yes, that will also include rail freight. I am glad we have cleared that one up.
Early warning systems for new threats were raised in the debate. As I think I suggested, pest, plant and disease experts in DEFRA, the APHA, the Forestry Commission and the devolved Administrations all work together already, providing an exceptional capability to protect plant biodiversity in the UK. All those bodies will continue to function and collaborate as we leave the EU.
Global warning threats were mentioned. Again, specialists will continue to work with pest and disease specialists in UK universities to inform our understanding of the risks. That is really important, and it is absolutely on the radar—for example, there is modelling of trade pathways for pests to arrive in the UK and the potential spread of outbreaks. Specialists will continue to collaborate with industry and stakeholder groups, and to develop citizen science capabilities and systems so that the public can help identify and report pest risks. Such citizen engagement is actually very useful in these areas.
I will move on to some of the points raised by the shadow Minister. He raised the issue of potential errors, given the number of changes being made and the errors being corrected. Our intention to retain relevant EU legislation has inevitably meant that it was not possible to include everything in earlier SIs, as EU legislation is updated frequently, especially in this kind of area. The purpose of this instrument is to introduce certain provisions that could not be included in earlier EU exit SIs, principally because they concern recent changes in plant health legislation. These changes are necessary to ensure that all deficiencies have been fully addressed. I hope he is happy with that answer.
The shadow Minister also asked whether we can be confident about the accuracy of other EU exit SIs. As I am sure he knows, such instruments go through the normal checking processes for draft SIs, including second and third pairs of eyes, and checks with DEFRA and other Government lawyers. They are also scrutinised by the Joint Committee on Statutory Instruments. The principal focus of this instrument concerns operability, and the need to make technical changes and introduce certain provisions developed and agreed subsequent to earlier SIs.
The shadow Minister asked what consultation or impact assessment has been carried out, with whom and when. No separate formal consultation with stakeholders or impact assessment was undertaken because this instrument, as I have mentioned, makes many technical amendments, the purpose of which is to preserve biosecurity protections and assurances when the UK leaves the EU. It is not intended to change substantive policy.
The database for sharing information on biosecurity threats was mentioned. There is some precedent for third-country access to EU notification systems, and we will seek to negotiate such access with the EU. However, DEFRA has developed fallback positions for the eventuality of our losing access to EU notification systems. We are developing our own database to capture details of interceptions and incursions from day one to inform our decision making. All EU systems have publicly available elements that the UK will continue to access after exit. Our dedicated UK-wide risk and horizon-scanning team will continue to gather intelligence on plant health risks, including from other organisations, agencies and networks, and by increasing bilateral relationships with key trading partners and our nearest neighbours. Functionality has been added to the UK-owned plant portal to replace some EU notification systems. It is something that we take incredibly seriously, so under no circumstances would the Government let any of that slip, because it is crucial for all of us.
I shall touch quickly on a couple of points made by the Scottish National party spokesman. On the right for Scotland to make its own arrangements, plant health unfortunately is devolved, and Scottish Ministers have made the decision that they will deal with technical deficiencies relating to plant health legislation in Scotland, which will arise when the UK leaves the EU, by introducing their own EU exit SIs in Scotland. We are working closely with the Scottish Government, as ever, and the other devolved Administrations on a UK framework for plant health, including governance to minimise the risk of divergence, while respecting the devolved settlement, as the hon. Member for Falkirk will know. We will always work together closely.
The hon. Gentleman asked about protecting against future threats in the plant health regime. Policies in our EU plant health EU exit instruments are risk-based and proportionate, and will apply temporarily from day one until we develop our future plant regime. That will include consideration of the new plant health and official control regulation that will apply in EU member states from December 2019. In future, the Department will seek to take advantage of available technologies to facilitate as frictionless trade as possible while continuing our risk-based and proportionate approach to maintaining high standards of biosecurity. Again, DEFRA and the Food Standards Agency are working together closely to develop proposals on that.
I hope that hon. Members fully understand the need for the regulations, which has been made quite clear today. As I have outlined, they correct technical deficiencies and ensure that existing regimes for safeguarding UK biosecurity will continue to operate effectively from day one after exit. They ensure that newly regulated pests, plants and other material continue to be regulated after exit and provide for an internal market in plant material. I thank everyone for their input, and I very much look forward to collecting my tree. It is protecting such trees that the SI is all about.
Question put and agreed to.