Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020
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Lord Gardiner of Kimble
That the draft Regulations laid before the House on 13 October be approved.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I declare my farming interests, as set out in the register. I also much look forward to the maiden speech of my noble friend Lord Mendoza. I hope it would be useful to your Lordships if I speak to both the Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020 and the Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020, given the connection between the two instruments.
There are no changes to our policy on either organic products or genetically modified organisms. Amendments are required primarily as a result of the Northern Ireland protocol and to ensure that existing legislation continues to operate as intended. As established in the protocol, EU legislation will continue to apply to Northern Ireland. The existing EU exit legislation needs minor technical amendments to reflect the fact that retained EU law, whether on organics or GMOs, will be substantively applicable only in Great Britain. The changes do no more than is necessary to meet our legal obligations under the Northern Ireland protocol and ensure a workable legislative regime in Great Britain.
The first instrument makes minor amendments to the UK’s organics legislation to ensure that the regulatory regime is operable at the end of the transition period, in line with the Northern Ireland protocol. References to United Kingdom have been changed to Great Britain in the Organic Production and Control (Amendment) (EU Exit) Regulations 2019, and the Organic Products (Amendment) (EU Exit) Regulations 2019.
The instrument also amends retained EU legislation to allow organic producers to continue to use 5% of non-organic protein feed for organic porcine and poultry, until the end of 2022. The EU has taken the same decision to extend the derogation. No new policy is introduced by the instrument and the UK’s world-class standards are maintained. The Government are strongly supportive of organic standards, many of which were developed in the UK and adopted by the EU.
Under the protocol, EU law on organics will continue to have effect in Northern Ireland. Retained EU law will apply substantively only to Great Britain. This means that the Northern Irish organics market will remain the same, and we are working closely with Northern Irish colleagues to prepare for the end of the transition period, including setting up a Northern Ireland competent authority on organics. We remain committed to ensuring trade between GB and Northern Ireland continues. We are going to recognise the EU as an equivalent organic regime to the UK until 2022, providing certainty on imports for the immediate future. We hope that the EU will reciprocate very soon.
There are 6,000, predominantly small and medium-sized, UK organics operators, which contribute over £2.5 billion to the UK economy, including exports worth over £250 million. The statutory instrument relates to devolved matters and the respective devolved Administrations have consented to it.
The second instrument concerns existing EU exit legislation on GMOs. As I explained earlier, this instrument has the primary purpose of making technical amendments to the existing EU exit legislation, which are required in consequence of the protocol. I stress that we have not made any change to our policy on GMOs.
Detailed EU legislation currently provides a robust framework for the approval of GMOs and related matters to protect the environment and human health. Our existing exit legislation is intended to maintain this regime after the end of the transition period. It was prepared on the basis that those arrangements would be needed throughout the United Kingdom.
As a result of the protocol, the EU legislation on GMOs will continue to apply in Northern Ireland. We must amend EU retained law to ensure that it is operable in Great Britain. The amendments are to change references to the United Kingdom or institutions in the United Kingdom to Great Britain or institutions in Great Britain. This instrument also revokes amendments to Northern Irish legislation that are no longer required because of the protocol.
In addition to the provisions already described, this instrument makes a further amendment to retained direct EU legislation relating to traceability and labelling of GMOs. This additional amendment revokes a legislation-making power currently conferred on the Commission, as it will have no practical application in Great Britain after the end of the transition period.
Failure to adopt the instrument would mean that the retained EU law on GMOs would, by continuing to refer to the United Kingdom and UK institutions, be defective for Great Britain. It is also potentially confusing for Northern Ireland, as it suggests that the retained EU law applies there, when this is not the case. It will also mean that amendments to Northern Ireland legislation, which are not needed in light of the protocol, would take effect.
GMO policy is a devolved matter and will remain so. The devolved Administrations were closely engaged in the development of this instrument and gave their consent for it to be laid. The amendments contained in these instruments are required due to our exit from the European Union and to ensure that the Northern Ireland protocol can operate as intended. I beg to move.
Lord Gardiner of Kimble (Con)
My Lords, I thank all noble Lords who have contributed to this debate, and I particularly highlight the maiden speech of my noble friend Lord Mendoza. I note his wide range of experience and am sure we all look forward to his contributions and him playing his part in the affairs of your Lordships’ House. I know he would expect me to note his vital work as the Commissioner for Cultural Recovery and Renewal, so I hope I am forgiven if I say, as the Rural Affairs Minister: in the spirit of rural-proofing, please do not forget the rural context.
I also express my warm welcome to the noble Baroness, Lady Hayman, as this is the first time we have debated Defra matters from our respective Front Benches. I very much look forward to working with her. A range of questions were put forward in this debate, and I will do my best to address them. If there are any further details, I will of course write to all noble Lords contributing to this debate, as well as placing a copy in the House of Lords Library.
I turn to questions on organics, and I particularly want to flag up what the noble Baronesses, Lady Parminter and Lady Hayman, and my noble friend Lady McIntosh of Pickering, asked about mutual recognition by the EU of our regulatory regime at the end of the transition period. This will allow us to continue to export our organic products to the EU and Northern Ireland. Currently, organics have an annexe in the free trade agreement being negotiated with the EU, but, as a mitigation, all six control bodies—the noble Baroness, Lady Parminter, raised this, and I can confirm it—have individually applied for recognition. We remain confident that the EU Commission will grant this.
The applications for recognition are independent of the Government’s negotiations with the EU and not covered by any potential deal. Recognition gives individual control bodies the ability to certify to an equivalent EU standard, and their operators can export to the EU and Northern Ireland. We remain committed to negotiating a trade agreement that will remove barriers to trade and promote trade in organic products between the UK, Northern Ireland and the EU.
The noble Baroness, Lady Parminter, also asked a number of questions about trade between Northern Ireland, the Republic of Ireland and Great Britain—and, indeed, clearly we wish this to continue. I can confirm that we are working with DAERA and other important stakeholders, including the ports of Larne, Belfast and Warrenpoint, in readiness for 1 January. Port health authorities in Northern Ireland have increased staffing levels sevenfold, and they are working to improve significantly their facilities. My noble friend Lady McIntosh of Pickering asked about this, too. We are exploring ways in which to reduce the burden on industry and the ports to ensure minimal disruption to business. We have shared the new process for importing products into GB from the European Union and third countries with stakeholders, and continue to discuss access to the EU’s Trade Control and Expert System New Technology—TRACES NT—for imports into Northern Ireland with the European Commission. I should say to my noble friend Lord Bourne of Aberystwyth that Northern Ireland has unfettered access so will be able to export organic products to Great Britain.
The noble Baroness, Lady Hayman, also asked whether the derogation to allow farmers to feed organic porcine and poultry up to 5% non-organic protein feed would continue beyond the end of 2022. Any extension will be carefully considered by the end of 2022 and we will consult the devolved Administrations and stakeholders to ensure that the changes are in the best interests of UK farmers. We continue to work closely with all UK control bodies to support them to prepare for the end of the transition period. I take the opportunity to reiterate our commitment to growing the UK’s world-class organics sector.
In that regard, I was most grateful to the noble Baroness, Lady Jones of Moulsecoomb, and the noble Lord, Lord Berkeley of Knighton, in referring to the importance of organics. We have just finished debating the Agriculture Bill. Many noble Lords will recall our discussions on how that Bill is going to advance food production of high and healthy quality food as well as the environment. I believe that organic farmers will be well placed to benefit from the new system, with the provision of environmental benefits and services, such as increased biodiversity and habitats.
I can say to my noble friend Lord Bourne of Aberystwyth that we are committed to the highest organic standards and will use new powers provided by the Agriculture Bill to maintain this regime. Also on the reference to transition from three years, the noble Baroness, Lady Jones of Moulsecoomb, asked about farmers converting to producing organic products, who can benefit from higher premiums when selling into conversion products. As I said, we recognise the potential for the organics sector as we move forward.
I move to questions on GMOs. The noble Baroness, Lady Parminter, asked about this, and it came up in my noble friend Lord Mendoza’s speech, too. This is about the future of GM food policy. During debate on the Agriculture Bill, we considered as a House the elements of gene editing; we will issue a consultation relating to gene editing in England and will gather preliminary evidence on whether or not to reform our GMO legislation more broadly. I assure all noble Lords, on whatever side of the argument they may be, that we will consider the responses and evidence received from the consultation very carefully indeed, because there is great potential but it is very important that we get this right. When I read of the need for us to feed the world and have less applications to help the environment, I think that the science could help us enormously. But it is really important to get this right and, in getting it right, for the public to understand the bona fides of this, rather than getting worried about hyperbole and the potential that there may be concern. I think there is great potential here, but we need to do this properly and thoroughly.
My noble friend Lord Bourne and the noble Baronesses, Lady Parminter and Lady Hayman, asked about divergence between GB policy and the policy in Northern Ireland and the European Union for GMOs. That point was made by other noble Lords as well. At the moment, there is no divergence between GB and Northern Ireland as our retained law reflects EU law, and Northern Ireland is subject to EU rules and will have to comply with decisions made at an EU level. As I made clear in debate on the Agriculture Bill, any changes to our GMO policy will be subject to consultation and a change in primary legislation, which would mean that there would be very full scrutiny from your Lordships’ House and the other place—and, I have no doubt, some public debate as well. If we change our policy following the consultation, we will clearly work closely with Northern Irish authorities to minimise any impact on trade in GM products. I emphasise, as I did before—I hope that this reassures the noble Baroness, Lady Jones of Moulsecoomb—that GM policy is a devolved area. That is why I said that the consultation was about England, because it is the responsibility of the UK Government. But with this SI, we have worked extremely closely with devolved Administrations to develop it and, obviously, we need to go forward in a spirit of collaboration and understanding of these matters.
I also say to the noble Baroness, Lady Jones of Moulsecoomb, that the processes and powers to legislate in GB will remain in parallel with those in the EU and Northern Ireland, so they will remain familiar to stakeholders. In Northern Ireland, existing EU legislation will continue to be directly applicable after the end of the transition period. I have no doubt that on that matter we will have more work to do.
The noble Baroness, Lady Hayman, asked about further changes, and I have looked into that matter. I think that she referred to paragraph 2.7 of the Explanatory Memorandum, whereas I wonder whether it might relate to paragraph 2.9, which explains that further changes to exit legislation were needed to give effect to annexe 2 of the Northern Ireland protocol. This SI makes these further changes as explained in paragraph 2.9. In reply to the noble Baroness, I should therefore say that no other changes are needed to give effect to the protocol. I apologise if the memorandum did not make that entirely clear.
I shall look at Hansard to see whether there were any further points, because there was a range of questions. I am grateful for the support that noble Lords have given to the principle of the two instruments.