Pesticides (Amendment) (EU Exit) Regulations 2020

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 3rd November 2020 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction to these statutory instruments, which will tidy up existing legislation and ensure that there are no gaps once we come to the end of the Brexit transition period in December.

The first SI moves rules on plant protection products and maximum residue levels from EU law into UK law, with the exception of Northern Ireland. The Northern Ireland protocol means that Northern Ireland remains part of the EU and therefore has no need to transfer legislation. I congratulate noble Lords on their contributions and concur with their comments.

Paragraph 6.3 of the Explanatory Memorandum states:

“Defra has complied with the requirements stated in paragraph 4.7.6 of Statutory Instrument Practice to consult with the SI registrar. Defra thinks it would be disproportionate to apply the free issue procedure to this SI.”


Can the Minister give some clarification on what that means? Paragraph 6.4 states:

“A further instrument will be required in 2021 to incorporate further EU regulations and decisions that come into force between 1 May 2020 and 31 December 2020”.


Since we know when these will come into force—and, presumably, know what they will cover—why were they not included in this SI with an implementation date of 31 December?

The EU has a multi-annual control programme, which is updated every year and outlines sampling strategies for a three-year period. This SI will ensure that the same standards of protection are maintained at the end of the implementation period. Can the Minister confirm that the same sampling strategies will also be maintained every three years?

Pymetrozine is an insecticide suitable for use, in integrated crop management, to control aphids and other plant-sucking insects. It is essential that it is applied carefully and with regard to other creatures, including humans, and to ensure that pollinators that are essential for biodiversity are not also destroyed alongside pests. I note that the UK Pymetrozine regulation status is approved but the EU regulatory status is not approved. I find this strange, since 24 of the 27 EU states have approved the substance for use. Can the Minister give some clarity on just what is likely to be approved under this SI and what is not?

Under these proposals, and those passed in the Internal Market Bill in the other place, can the Minister confirm that certain grains which have been grown with the use of fertilisers and pesticides in England, would not be able to be supplied in Scotland, if the devolved Administration has banned their use for grains in Scotland under the new powers they are getting and the exemptions of the market access principles in the Internal Market Bill? I am happy to have a written response on this.

I turn now to the Persistent Organic Pollutants. The first pollutant in the list of the SI was a pollutant by-product of Agent Orange. It has no known commercial applications but is used as a research chemical. It was tested, but never used commercially, as a flame-proofing agent and as a pesticide against insects and wood-destroying fungi. There are other toxins registered, including polychlorinated biphenyls, or PCBs, which are stable man-made organic compounds, used from the 1920s as cooling and insulating fluids as they did not burn easily. Although most were banned in 1986, they linger on in detectable levels in animals, fish and humans. When they are incinerated, they can produce dioxins, which are some of the most toxic substances known to science.

The biggest manufacturer of PCBs was Monsanto. They were used in an enormous number of products, from lubricants to pesticides and flame retardants. As a result of high levels of PCBs found in fish, due to man-made chemicals dumped as waste in Lake Michigan, concerns were raised, as PCBs had found their way into the breast milk of nursing mothers who had eaten fish living in the lake. Their children showed higher rates of development and learning disorders compared to those of local women who had not eaten the fish. While they are no longer manufactured, they still leak from old electrical devices and can be released from hazardous waste sites and illegal dumps. Can the Minister give reassurance that this situation is being monitored closely and that action is being taken to deal with the PCB residues?

Lastly, I draw noble Lords’ attention to the pollution in the River Wye that was caused by the sheer volume of chicken farms close to, and along, the banks of the river, with chicken manure getting into the water. While chicken manure is not on the list of toxic substances on page 16 of the SI, it is undoubtedly true that in the Wye it is persistent, it is organic, and it is a pollutant. Can the Minister say what legislation is likely to cover this type of pollutant, if it is not covered in this SI?