Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 13th May 2019 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, perhaps the Minister could say a little more about the process by which these errors were discovered. I think he used the phrase “further scrutiny”, particularly in relation to what we find in the animal health, alien species regulations regarding fruit bats, dogs and cats coming from Malaysia and Australia. Some of the things that have been corrected seem, at a glance, to be almost typing errors. We are asked to substitute for the words “set out in” the words “as set out in”, and elsewhere to substitute for the word “Law” with a capital “L” the word “law” with a small “l”. It looks as though someone is taking great care to look at these regulations again to check that something which may have been done under great pressure is being corrected so that it is absolutely accurate. I applaud that if it is what is going on, and I sympathise entirely with the Minister and all those in his department having to deal with such an enormous quantity of material in great detail. It would be interesting to know what the process is and whether more of these instruments may come forward as further errors are discovered. If so, for my part, I would regard that as a consequence of this very punishing exercise, which is putting great strain on many people.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his very full introduction to these minor amendments and, as the noble and learned Lord, Lord Hope, has pointed out, corrections. We previously debated these statutory instruments on 20 February and 3 April. I do not want to bore the House by running through the comments that I made then or rehashing the debate that we had. The EU requirements on 9 April for changes in order to accommodate the UK’s third-country status ensure our biosecurity and that of the producers, and that is the right step forward. I agree with virtually all the comments made by the noble Lord, Lord Deben.

I want to refer to African swine fever, which is a really major concern for national pig breeders. There are areas of the land with huge populations of feral pigs, and the disease is a threat to pig farmers as there is little monitoring of the health of the feral pigs. It is important that we protect legitimate pig breeders from African swine flu. There does not seem to be any way to monitor how the feral pig population is doing and whether or not the pigs are carrying African swine fever.

That apart, I think it is a pity that we are having to make minor corrections to important pieces of legislation. However, I am quite content for it to be dealt with under the emergency procedures, and I support the amendments.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the Minister for setting out why the SIs that we are debating today have been subject to the affirmative procedure under the European Union (Withdrawal) Act. Like other noble Lords, while we accept that this is necessary, we share the frustration that we could be doing something much more constructive in taking these issues forward rather than revisiting the past. This feels like a bit of a futile exercise; nevertheless, we understand that the Minister has to do what he has to do.

I am grateful for the helpful briefing with the Minister’s civil servants prior to this debate. I declare an interest through my involvement with the Rothamsted institute, which carries out scientific research into the areas that we are debating today.

I have a couple of general points about the process being used. In his letter of 4 April, the Minister explained that the procedure was being used because the EU had asked for a specific reassurance that these measures were in place to support the UK Government’s application for third-country status, and he has repeated a similar explanation today. Of course we understand why that third-country status was necessary, but when we met the Minister I asked whether the EU had been consulted over the wording of the SI prior to the deadline for it to consider that third-country status. I was told that that was not the case and it had not been consulted in advance. I find that a bit odd; I would have thought that, in the spirit of co-operation and particularly because we wanted its goodwill over our application, it would have been beneficial to keep the EU in the loop on what we were proposing, including the proposed wording for this SI before the decision was made.

I suppose that that raises another question: if the EU does not see the SIs in advance, does it simply take the Government’s word on trust that this legislation is in place? If that is the case, some of the corrections to errors that we have been considering may not even be necessary because we can just promise that the legislation is in place and not actually have to justify it.

The Minister apologised and I think we all understand that this is not his fault, but we are concerned about the number of errors that are coming to light after the SIs have been considered and agreed. As he said, this is the case here. Like the noble and learned Lord, Lord Hope, I wonder how these errors came to light. Were the SIs being double-checked specifically in preparation for our EU third country application? In other words, did someone go back through them before we reassured the EU that they were all in place? Does that mean that many of the other SIs which we have already agreed and signed off may also contain errors which have yet to come to light? Is there another batch of error-ridden SIs which will be brought before us and updated in due course when someone goes back and double-checks them?

Kew Gardens (Leases) (No. 3) Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

2nd reading (Hansard): House of Lords
Tuesday 7th May 2019 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I too thank the noble Lord, Lord Gardiner, for his introduction to the Bill and for his time and that of his officials in their briefing. We have many experts in the Chamber who have been involved with and supported Kew Gardens over the years—the noble Earl, Lord Selborne, the noble Viscount, Lord Eccles, the noble Lords, Lord Holmes of Richmond and Lord Whitty, and many others. I am glad, like others, that the Government are taking the step of bringing forward this Bill to help secure the future of Kew.

As others have said, Kew is not only a national treasure, it rightly deserves its world heritage site status and it is held in very high regard around the world. Many far-flung countries have reason to be grateful to Kew for helping save and preserve some of their indigenous iconic plant species. Many noble Lords have praised the facilities provided at Kew, including the noble Baroness, Lady Warwick of Undercliffe, my noble friend Lady Kramer and others. I do not think that I have ever taken part in a debate on such a short Bill before, and I am unlikely to do so again—but, despite its brevity, the Bill has very important implications for the future of Kew. If we are to accept at face value the purpose of the Bill, as I do, it will help to secure the financial future of Kew, allowing the trustees to raise money through long-term leases on properties on the periphery of the estate. This should ensure that scientific work continues apace at the gardens.

This does, of course, have implications for the gardens. We have heard this afternoon from my noble friend Lady Kramer about the pressure that fundraising in this way may put on Kew, and from the noble Lord, Lord Carrington, about how this will proceed. The noble Baroness, Lady Byford, said that we had to be very careful about the financial implications and the likelihood of continued funding from Defra. There is also the issue of the existing exemptions from the Charity Commission, which the noble Lord, Lord Hodgson, so eloquently set out. It will be down to the trustees and the Secretary of State to ensure that any future long-term leases restrict the scale, style and type of any development, so that it enhances the natural environment of the gardens rather than detracting from it. I was reassured by the Minister’s comments in his introduction on this aspect. I was also very interested in the comments of the noble Lord, Lord Whitty, about adding a clause to safeguard Kew’s ethos and focus.

It is very important that the trustees should have sufficient financial resources to plan ahead and carry out the enormously beneficial work that currently takes place under their auspices. On the subject of resources, I believe that the figure of £40 million of possible revenue quoted in the House of Lords Library briefing is somewhat off the mark and that £15 million is likely to be closer. However, in addition to cash coming in from longer leases, benefit will accrue from not having to maintain buildings newly leased to others. This will provide savings that can be diverted to other, more innovative work.

We heard from my noble friend Lady Kramer and others about the high entrance fees. They are prohibitive for those on fixed incomes and those from ethnic backgrounds, and this is extremely worrying. Perhaps it is something that the Kew trustees could look at.

It is important to keep a perspective on this issue. The work that Kew has done over the last two centuries is enormous, from the growing of seedlings to be introduced to Sri Lanka and Malaysia to become their rubber industries, to the preservation of the oldest pot plant in the world, which arrived at Kew in 1775 and is still going strong. Would that I had such success with pot plants, which are not one of my strong points. Kew also works on combating pests and diseases, which we have heard about. In one case in 1950, the banana was decimated; it was virtually wiped out by a single fungus. So protecting plants that are a key food source is extremely important.

Many plants also have medicinal qualities. Research into their curative properties is essential in our current world. The survival of many species of both plant and tree has often been down solely to the work done at Kew, including that of the ginkgo biloba—I am not sure that I pronounced that right—which was widespread during the time of the dinosaurs, 180 million to 200 million years ago.

Unlike other noble Lords in this House, I have visited Kew Gardens only once, some four years ago, and I am envious of noble Lords who live closer to Kew and are able to visit much more often; I sympathise with the noble Baroness, Lady Byford. Progressing along the raised walkways gives a fascinating view of the breadth and scope of the gardens. It is not only a place of scientific research, growth and preservation but a wonderful family attraction and educational resource that is second to none. In June, three American nephews and a niece of my husband will visit England for the first time; they want to “do” England in a fortnight. I am compiling a list of what they will want to see when they are here, and Kew Gardens is definitely on that list.

We have much to be thankful for in the survival of Kew. The Bill is a positive step in the right direction in helping the trustees to fulfil their duty to preserve this rare world heritage site for future generations, and I fully support it.

National Policy Statement for Water Resources Infrastructure 2018

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 11th April 2019 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, this is a very important subject and I thank the Minister for his extensive introduction. Water resources and ensuring that there is a sufficient supply to meet the needs of the nation are extremely important, as every speaker has said. It is life-saving. This is a reasonable piece of legislation and has some significant steps forward, but it is not perfect. I have three concerns to flag up. The first is around demand management. The second is on the need to tackle climate change if we are to have sufficient water into the future; and the third is the need to ensure that all infrastructure development achieves a high net gain for the environment.

Turning first to the important issue of demand management, this NPS does not make it clear how demand management can be prioritised before allowing hard infrastructure solutions. Paragraph 3.5 outlines a need to assess alternatives. This sounds like a box-ticking exercise after a decision has been made, rather than a determination by the Government to ensure that small-scale demand management or green schemes are prioritised. Disappointingly, the objectives set out in paragraph 1.10 do not refer to the need for demand management and its role in minimising the need for additional hard infrastructure and in meeting the Government’s sustainability goals.

The Liberal Democrats have long argued that, instead of focusing solely on new infrastructure, the priority should be lowering demand in the first place. The role that demand management can play in helping reduce demand, and consequently what this means for the scale of need for nationally significant water infrastructure projects, has not been made clear in this NPS. How will the Government prioritise demand management in order to drive down the need for new, expensive infrastructure?

[Lord Adonis]

Does the noble Baroness’s party support mandatory water metering? I am curious to know.

[Baroness Bakewell of Hardington Mandeville]

The noble Lord asks a question to which unfortunately I do not have the answer at my fingertips. I will write to him and let him know.

The draft NPS suggests that,

“maintaining the current level of resilience in future will require at least an additional 3,300 Ml/d of additional capacity in the water supply system by 2050”,

yet there is no indication of how much capacity could be gained from demand management. In its excellent report on water, the National Infrastructure Commission suggested that aiming for additional capacity of 4,000 Ml/d will require a minimum of 1,300 Ml/d additional supply infra- structure by 2030, in addition to around 1,400 cubic metres being met through leakage reduction and 1,500 cubic metres being met through efficiency and metering. The relationship between the two is not iterated in the NPS.

Although we acknowledge the need for supply infrastructure, it is important that the NPS does not result in perverse incentives against small schemes and schemes that do not meet the NSIP criteria, such as effluent reuse. For example, there remains a total lack of incentives to encourage developers and water companies to work together on projects such as greywater and rainwater recycling. This could help in areas identified by the noble Lord, Lord Lansley. Another example is the potential role of natural flood management in increasing resilience to dry weather and providing storage. What support is available to promote small-scale schemes and green infrastructure projects, as mentioned by the noble Baroness, Lady McIntosh?

Just as dealing with water leaks varies hugely across water companies, so ambition around demand management varies widely across the country. Some companies are working hard on this, but not all. There is also much variation in per capita consumption targets. On PR19 Southern leads the way on PCC with its target of 100, but only five other companies are still aiming for less than 120 litres per person per day by 2040 to 2045. That is fewer than half of all water companies. Water leakages are around 20%, and the National Infrastructure Commission has said that halving water leakage by 2050 could deliver one-third of the additional capacity required—so leakages are key. What are the Government doing about putting pressure on water companies to deliver on that and avoid the need for one-third of future infrastructure water resource projects, which cause huge disquiet where they are sited?

Page 13 of the NPS states:

“The Government is also exploring other options for reducing consumption”.


Will the Minister spell out exactly what the Government have in mind? When the Water Bill was going through Parliament, these Benches supported compulsory water metering, with reduced tariffs for those in particular need. France has this scheme but the UK does not. Could the Minister say whether the Government are specifically considering this?

Secondly, climate change should be a big driver for the need for new water resource infrastructure. The Government should be leading the way on this issue. Paragraph 2.2.7 sets out clearly that climate change will lead to water shortages. Green NGOs, such as WWF, have argued that all NSIPs covered by this NPS should aim for carbon neutrality, given the long-term nature of the infrastructure and the need for significant reductions in energy use. This may be particularly difficult in relation to desalination plants, which are very energy intensive as fossil fuels currently fuel the plants. However, it is not impossible to reduce the impact, given developing technology and offsetting. I suggest that the Government adopt a hierarchy approach, with developments required to look first at energy efficiency, followed by green energy provision and use, with carbon offsetting as a backstop. Does the Minister agree with this?

Lastly, we support the proposed requirement for a scheme to achieve net environmental gain. However, it should be made clear that net environmental gain must require, first and foremost, a biodiversity net gain, as the noble Lord, Lord Wigley, said. This is similar to that proposed for development under the National Planning Policy Framework. In addition, we support the requirement for an environment statement. This should play a valuable role in understanding the environmental trade-offs and overall approach taken by the developer.

This is a welcome NPS. I look forward to the Minister’s comments and agree with many of the comments that have already been made.

Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 3rd April 2019 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his comprehensive introduction and for his time, and that of his officials, in the briefing session. As he said, we have here an SI that covers four subjects. First, regulation 999/2001 covers animal health in the form of bovine spongiform encephalopathy —BSE. Secondly, Commission implementing decision 2014/709 covers movement restrictions within the EU where African swine fever is present. Since the UK is designated free from that disease, we are not currently subject to those restrictions. Thirdly, Council directive 2000/29/EC covers protective measures on organisms harmful to plants and plant products. Fourthly, Council directives 2002/56/EC, 2002/55/EC and 2008/90/EC prescribe marketing standards for seed potatoes, vegetable seed and fruit-propagating materials. That is quite a mixed bag.

I shall deal first with the animal health aspects and TSE. This is a technical amendment relating just to England, as Scotland and Wales already have their own arrangements. Part 2, relating to African swine fever, relates to other member states. There is none here in the UK at the moment and we have not had an outbreak in the past. The SI makes provision to make it illegal to both import and export wild boar into the UK. There are powers in place to ensure that we can deal with an outbreak of African swine fever should one occur, and I am content that this aspect of the SI is both sensible and sufficient.

Until quite recently, a landowner a mile away from where I live had a small herd of wild boar on his land. His neighbours were none too pleased as it was not unknown for the piglets to escape and run riot, in the way that piglets will. Everyone was extremely pleased when he at last got rid of that small herd. I wondered whether he might have been subject to this SI had it been in place at the time.

The plant health aspects are slightly more complex. We debated this topic last week but that SI did not cover the Crown dependencies of Jersey, Guernsey and the Isle of Man. That is now rectified today. I will refrain from making the obvious comment.

Schedule 16A refers, as the Minister has said, to the red-necked longhorn beetle, which is currently present in Italy and a tremendous pest. The SI attempts to prevent this pest arriving in the UK. The other aspect covered by the SI is the import of ash wood, which may come in from Canada and the USA. It is vital for the UK to protect its biosecurity, and by restricting the importation of both the longhorn beetle and ash wood that may come from unregulated areas, I am assuming that we are ensuring full protection. Can the Minister confirm that that is the case?

It is vital that all imports of plant material are fully regulated and certified; that is, with a plant passport. All paperwork needs to accompany imports with very detailed information on plant health, with pre-notification of imported plants from infected regions. I agree with the noble Baroness, Lady Byford, about the issue of travellers bringing plant material into the country in their luggage. I hope that flagging up this piece of legislation will raise its profile and prevent the import of material that could be injurious to our indigenous plants.

Lastly, we come to seed marketing and seed potatoes. This follows a negative SI and is only a small part of what went before. There are no barriers to trade within the UK and no impact on the Scottish seed potato producers; it is a really big industry in Scotland. Our producers are reliant on certain types of potatoes coming in from the EU. In Scotland they use different types of potatoes from those in England, and I shall look out for those when next buying potatoes, although I am not confident that I will be able to find them where I live.

The previous SI on this subject had wide-ranging acceptance of the use of seeds from the EU for a two-year period. Given that the UK’s production of ware potatoes is valued at £900 million, it is important that we get this right.

I was very interested in the phrase “unlisted vegetable varieties” in paragraph 2.15 of the Explanatory Memorandum. I was correct in thinking that this applied to new varieties of vegetables. These have yet to be registered and require two years of official testing before that registration takes place. My understanding is that there is a short-term registration authorisation before this, so that the product can be market-tested to some extent. Perhaps the Minister could confirm that. One such new vegetable is kalettes, which have become very popular as a new and tasty way to eat our greens. There will undoubtedly be others. I can recommend kalettes if your Lordships have not already tried them.

Although there has been discussion with the devolved Administrations and there is now agreement on the way forward, there is no consistent approach across the UK. Basically, the devolved Administrations are doing their own thing, which, of course, they are entitled to do. However, this could lead to confusion among producers and growers as to whether they are complying with the legislation.

I fear there will be huge problems further down the road as we work with these various pieces of legislation, which have become very fragmented and piecemeal. It has all become rather rushed at the end, instead of there having been a proper implementation plan at the outset, with sensible groupings together. That said, I support this SI. I doubt that it will be the last, but I live in hope.

REACH etc. (Amendment etc.) (EU Exit) Regulations 2019

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 26th March 2019 Lords Chamber

[Lord Trees (CB)]

My Lords, I strongly support the amendment of the noble Lord, Lord Whitty, and will address the issue of animal testing, which has already been referred to by several noble Lords.

The amendment calls on Her Majesty’s Government to seek continued participation in REACH as a priority in negotiations with the EU. This is particularly important with respect to the use of animals for the safety assessment of chemicals. As was referred to earlier, animal welfare is of great concern to the public, but I believe that the vast majority understand the need, under strict regulation, to use some animals to ensure human safety.

However, all interested parties—the public, the scientists involved and the welfare organisations—expect observance of what are called the three Rs in experimentation. That is, to refine, to replace and to reduce the number of animals used. That concept has been pioneered in the United Kingdom. The REACH guidelines explicitly require minimal use of animals, and permit it only after all other alternatives are exhausted. Most importantly, having a single registration and regulatory portal for the EU avoids any repetition of animal testing.

The instrument under debate today will require an independent UK chemical regulatory process centred on the HSE and the Environment Agency. Notwithstanding the terrific logistical challenges that that presents, which have been well articulated by the noble Lords, Lord Teverson and Lord Fox, this is essential in the event of no deal, and indeed in the event that the EU will not accept the UK’s continued participation in REACH. I should point out that, to date, no third-party membership has been admitted to the REACH system.

I have three questions for the Minister. First, will he reassure us that the UK systems replacing REACH will harmonise with it as much as possible and will take all measures to avoid the need to generate separate data for registration? The Minister has told us that current registrations will continue to be accepted, but that all UK registrants will have to resubmit their registration dossier to the UK competent authorities within two years. So will the current animal safety testing data be accepted at that time without the need for further testing? Conversely, for UK firms importing products from the EEA that are currently registered by an EU member state, will the existing data for animal testing suffice when they are required to register within two years of Brexit?

Bearing in mind the problems of intellectual property, what assessment has Defra made of the problem of intellectual property and the ownership of data in the context of its transferability? Finally on future registrations of new products, will Her Majesty’s Government negotiate with the EU the mutual recognition of animal testing data so as to avoid the need to duplicate animal testing, whether for EU registrants to export to the UK or for UK registrants to export to the EU?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the noble Lord, Lord Fox, for setting out in such detail the issues around the statutory instrument. I also thank the Minister for his time and that of his officials for the briefing that we had at the beginning of the month.

I have read the Explanatory Memorandum three times and each time I have become more concerned. I have dealt with a number of SIs during this exit process, but the EM on REACH is the longest I have dealt with. It is an extremely complex subject. The stated purpose of the SI is to correct deficiencies in retained EU law. I remain unconvinced that this will happen.

Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 20th March 2019 Grand Committee

[Lord Grantchester (Lab)]

I am grateful to the Minister for his introduction to the bundle of regulations before the Committee today. I declare my interests as listed in the register and that I receive EU funds under the CAP schemes that we are discussing here.

[Baroness Bakewell of Hardington Mandeville (LD)]

I am sorry to intervene, but the noble Earl was sitting over there at the beginning of the debate.

[The Earl of Erroll]

Not quite; I missed the first couple of minutes.

Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 13th March 2019 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I also thank the Minister for his introduction and for the time of his officials in the briefing. This SI was originally scheduled to be a negative instrument, but was upgraded to an affirmative instrument after Secondary Legislation Scrutiny Sub-Committee B had completed its sifting process. This was a wise decision, as some significant changes are covered in this SI—not least on natural mineral waters, but also on geographical indications and GMOs. It is all about environmental protection, food and intellectual property. The last, in particular, will have significant impacts in some areas of the UK.

As the Minister said, this is a transfer of functions and there will be mutual recognition between the UK and the EU from day one. However, unless I have misunderstood it, there will be a six-month transition period during which imported EU mineral waters will not be able to be labelled “mineral water” and recognised for sale in the UK. As the Minister said, these EU mineral waters represent approximately 30% of UK market sales. There will therefore be a gap in the market, which it is unlikely our own UK mineral water bottlers will be able to fill. Our own mineral waters are very specific to geographic areas—Highland Spring, Buxton and Glastonbury Chalice Well being three. My husband comes from Derbyshire, so my preference is for Buxton when I can get it. If the EU’s Volvic, Evian and Pellegrino mineral waters are not available, the UK consumer may find they are unable to buy an alternative as demand will outstrip the supply of our production.

At the end of the six-month transition period, an EU-based mineral water company can reapply for permission to import into the UK. It will be up to the Secretary of State to either withdraw or grant such permission. If I have understood it correctly, if any EU state recognises our UK mineral water, the Secretary of State cannot withdraw an EU water company’s permission. It will be up to his or her discretion. Is it likely that many EU mineral water companies may not bother to reapply? On the upside, if one of the EU countries recognises a UK-based mineral water, all 27 will have to do the same—so markets will be opened up. Likewise, if one of the devolved Administrations permits an EU mineral water company to import its products, the other three will also permit it to be imported.

I turn now to the question of geographical indication, or GIs, about which we have had some discussion. This is a wide classification including Scotch whisky, Irish whiskey, Cornish pasties, Wensleydale cheese and Camel Valley wines. These are extremely important to the economy of the areas that produce this fine food and drink. Paragraph 7.3 of the Explanatory Memorandum indicates that there will be no change to description and labelling. I look to the Minister to give reassurance that the status of iconic GIs will not be diminished but protected after we have left the EU.

The labelling of local produce is extremely important, especially to the farming community, where lamb and beef in particular command a high price if they come from certain breeds and areas of the country, such as salt-marsh Welsh lamb.

Food labelling is of particular interest to me as someone who reads all the labels of foods that contain more than one product. As a lifelong coeliac, I look out for wheat-based and gluten-containing products in everything. The current labelling system, whereby allergens are highlighted in bold, is extremely useful, as the allergens leap out at you and you do not have to read all the ingredients in depth. Often, there is a gluten-free, crossed-grain symbol on the front of the product; thus I can safely buy sausages from two well-known food retailers without having to refer to the small print on the back.

I am not alone in meticulously reading ingredient labels. I therefore ask the Minister to give his reassurance that there will be no watering down of the regulations once exit day has passed. As we all know, poor labelling has become a matter of life or death for some. A review of labelling will need to ensure more stringent regulations, not a watering down of existing ones.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for his introduction this afternoon and for the courtesy of meeting us beforehand. This SI covers a wide range of issues and has all the hallmarks of a hurried amalgamation of outstanding issues which have to be cleared before Brexit day. I hope that stakeholders and businesses with an interest in the content can find the relevant changes buried away in this SI, with its rather unenlightening title concerning intellectual property, which seems to cover a lot of sins that are not immediately obvious.

I also make the point that the amendments to Commission decision 2009/821/EC concerning border inspection posts, and those referring to health certificates, should have been dealt with as part of the earlier SI on the import and trade in animals and animal products. I am not sure why they have been tagged on here in this way.

Incidentally, on this subject, I am grateful to the Minister for writing a follow-up letter on the questions raised by my noble friend Lord Knight and others when we dealt with that more substantial SI a couple of weeks ago. I am aware the Government have today published technical information on imports between Northern Ireland and the Republic. However, in the case of animals crossing the border between Northern Ireland and the Republic—in other words, those being exported—the letter confirmed a rather alarming fact. Without a deal, all animals seeking to enter the EU—the Republic of Ireland—would have to do so via an EU border inspection post, with locations that are yet to be decided.

The Minister’s letter also confirmed that, while the Government continue to engage constructively with Ireland—as has been a common theme in debates on other SIs—there are in fact restrictions on the UK having bilateral discussions with EU member states. There is therefore only a limited amount of progress that can be made between the UK and the Republic of Ireland at this point. I do not want to dwell too much on this today as it is not the main subject of the SI, but it must be extremely unsatisfactory for farmers in Northern Ireland, who will face extreme restrictions on exporting to the south. I hope the Minister can provide reassurance to those farmers that urgent steps are being taken to make sure that the border inspection posts and all other means to ease exporting are put in place as soon as possible.

As the noble Baroness, Lady McIntosh, said, the SI before us was drawn to the special attention of the House by scrutiny Sub-Committee B. I agree with her: this raises important issues of public policy, particularly as it affects consumers’ rights and choice. I had not picked up the issue of chocolate but, now she has raised it, I too would like to know whether the price and availability of cocoa and chocolate will be affected—I certainly have great interest in the Minister’s answer.

As has been said, the SI sets out new regulations for accrediting natural mineral water. As the Explanatory Memorandum sets out, the amendments will maintain the existing recognition of mineral waters from the EU, Iceland and Norway, which would ensure market stability, continued trade and consumer choice. Given that we export and import mineral water to and from the EU, this is obviously a sensible provision, but the SI also seems to contain an open threat which I have not seen before in SIs dealing with traded goods. It says that if the Secretary of State finds that there is at least one UK mineral water that is not being recognised in any member state in the EU, then all accreditation for all EU mineral waters in the UK will cease, effectively forthwith. The effect of this would be that all EU mineral waters, including some very big brands that have been referred to, would not be able to be sold in the UK as natural mineral water. Is this negotiating tactic being adopted more widely? Is this the way we are going to do our future trade talks with the EU? Have the consequences been considered and discussed with UK mineral water exporters? I understand that they do not export as much as we import, but they would no doubt find that all their export opportunities to the EU would be cut off if we were to operate such a tit-for-tat approach. Is this a tactic with which they agree?

Has any consideration been given to the impact that this would have on consumer choice? We might all say that we should not import water, particularly not in plastic bottles, from the EU or anywhere else—the Minister has said before that London tap is a very fine brand and we should all drink that—but there is an issue about consumer choice. When we ask consumers, they all have their very strong preferences and preferred brands and it is important that we are clear about the consequences. Also, he said that this is a devolved issue. In fact, this provision is an England-only provision, so could we find that, for example, Evian water was available in Scotland and Wales but not in England? I think that he probably has an answer, but it is important that that is recorded so that we are clear on the legal position.

I turn to the protection of geographical indications of spirit drinks. The regulations transfer authority for registering geographical indication from the EU to the Secretary of State, as the Minister said. I think I am right in saying that there has been some sensitivity around these designations in the EU in the past. Certainly, the EU has been seen to be operating the rules in quite a stringent way, so it is not easy to get a geographical indication. That may be a good thing, but what type of objections to GI status would we be considering under the new regime? Will they be similarly stringent, in the way that the EU currently operates, or do we envisage relaxing the rules in some way? If we had different rules in the UK from those that would continue to be operated in the EU, could it have an effect on the export market of our drinks producers? If we were more relaxed about it and yet wanted to export Scotch whisky, could the EU say that, because we have not abided by the EU standards of GIs, we could no longer export to the EU?

There are obvious advantages to expanding our GIs, as the noble Baroness, Lady Bakewell, said—to celebrate regional and local provenance—and we all understand how advantageous that would be in many ways. What we do not want to do is to cut off our nose to spite our face and find that our exports are damaged in some way.

Rural Development (Amendment) (EU Exit) Regulations 2019

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 13th March 2019 Grand Committee

[Baroness Byford (Con)]

My Lords, I follow my noble friend on her various questions; she touched on some of the things I wished to raise. The question of the timescale is hugely important because, in the past, some agricultural schemes have run for 10 years and some for seven years. The timescale that she has just referred to—between 2022 and 2027—is a span of only five years, so that ongoing question needs to be resolved.

We have talked about the question of active farmers and of who receives payments in the future in many of our discussions on agriculture. I particularly wonder whether that could, in the future, include youth projects and retirement projects, or whether that is outside the particular instruments that we are looking at. It may well be so and if I am told that it is, I will perhaps be happier than I am with it not being mentioned here.

My noble friend Lady McIntosh spoke about tenant farmers and graziers, or commoners, but if I am right, I would also raise the whole question of contractors with the Minister because so many farms—as indeed ours are—are now contracted out. It was easier in the past to always refer to tenant farmers, but I think one will find that there are many more contracted arrangements now between farmers.

I, too, would like to raise paragraphs 3 and 4 of the report from the Scrutiny Committee’s Sub-Committee B. These refer to the deficiencies but the Minister has covered many of them in his presentation. If there is anything he wants to add to it, it would be good for the Committee to hear that. Also, what is happening with the financial analysis that has taken place?

Returning to the European structural and investment funds regulations, page 3 of the Explanatory Memorandum refers to the,

“special interest to the Joint Committee”.

I understand that the House of Lords sifting committee did not think it was necessary to have a debate. However, the House of Commons recommended that we should, which is why we are debating it here. It would be interesting to know what it was unhappy about and what steps the Government have taken to rectify that, but overall, these instruments are obviously welcome. They are very technical, and allow systems to keep going as they are.

Moving to rural payments, we have talked about money being made available for rural development. Can the Minister say if that will also be defined as, for example, making it possible for groups of people to come together to enhance businesses and make that food chain shorter? That is not clear here. One of the big challenges that we face as a nation is how to contain the costs of producing food. The Minister, who is so knowledgeable on these things, knows very well the great advantage one has in fruit growing, or whatever it is, if there is a chain that links everything together. Money has been put aside in the past for that sort of work and I wonder whether that would fall within these regulations. It is not defined but it would be of great help.

Once we have accepted these instruments and moved on, perhaps there will be greater freedom for the UK to develop more ideas of its own as to how money could be used better to ensure that we produce food to our very high standards while reducing the chain. That way, the actual cost to the consumer could be contained in a better way than it perhaps has been in the past—it has been a bit fractioned in some areas. Pigs and poultry are not falling into that but there are some other areas, particularly horticulture, where the coming together of business would bring great benefits. However, having read through this, I am not clear whether that falls within the category of the thinking behind these regulations.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I will speak to the first two of these four statutory instruments that are being taken together. I thank the Minister and his officials for their very helpful briefing session on what is, as the noble Baroness, Lady Byford, has already indicated, a very complex subject.

The European agricultural fund for rural development provides rural development programmes which run under the multiannual financial framework. This SI allows funded programmes to run allegedly unhindered after exit date, until their natural end in 2020.

Annexe 2 of the Explanatory Memorandum lists the six legacy regulations affected by the SI, two more in which deficiencies will be remedied and four where the devolved Administrations have had programme amendments approved. This will ensure that structure fund programmes continue to run smoothly. As I understand it, these programmes will continue to report in the same way as previously but will report to the rural development programmes of England, Wales, Scotland and Northern Ireland, as the relevant devolved Administrations, instead of direct to the EU.

The aim of these SIs is to ensure operability of schemes and the continuity of investment in rural areas, which is the key element for me—it is really important. I wish to ask about the specifics of reporting mechanisms. The EU was very stringent on the information that was required by those who had received structure funds. Being involved with an organisation that had some of their money, I am aware of just how stringent it was. Can the Minister assure us that the UK will get good value for public money? This is especially necessary now that the Exchequer will pick up the funding instead of the EU.

As someone who comes from a rural community, I have a keen interest in the effect of these SIs. Last Friday I took part in a rural conference whose chief aim was to press the Government to produce a rural strategy. The Government have produced an Industrial Strategy which addresses the needs of urban communities and their economy. Now it is time to produce a strategy to address some of the huge disadvantages that rural communities face. These include lack of infrastructure, lack of transport, significantly less pupil funding, lack of affordable housing and poor access to services. I am concerned that the lifeline of rural development funding will be cut off by 2021, to be replaced by a nebulous undertaking that this will in future be covered by the Agriculture Bill.

The Agriculture Bill as published makes some significant changes to the way funding for farming and the environment would take place—as has already been said, public money for public good—but the Bill has become stuck in the Commons after Committee. I am concerned that a large gap in funding for rural areas is opening up before us. As the noble Lord has indicated, Sub-Committee B of the Secondary Legislation Scrutiny Committee estimates that the value of EU funds that will need to be replaced is between £400 million and £450 million a year of the European agricultural fund for rural development programmes for the remainder of the period to 2020. The loss of this investment will be keenly felt by many in deep rural areas.

Paragraph 7.3 of the Explanatory Memorandum states:

“After EU Exit, no new rural development programmes will need to be approved and from 2021 new agricultural and environmental schemes will be delivered under the Agricultural Bill”.


The Agriculture Bill will therefore need to be in place by 2021. It should have been in place by the 29th of this month, so that rural communities could plan ahead and have confidence that they were not going to suffer from a severe lack of resources. I know that the Minister understands these issues, but I am not sure the rest of the Government do.

Paragraph 12.1 of the Explanatory Memorandum, under “Impact”, states:

“Beneficiaries will continue to receive rural development funding as before EU exit”.


I am not confident that this will happen and am very concerned about the fate of rural communities.

[Lord Teverson (LD)]

My Lords, I first thank and apologise to the Minister for having missed his briefing on Monday; I was election monitoring in west Africa. I left central Guinea-Bissau at the right time and the journey all the way back to Gatwick Airport was perfect until I tried to get the Gatwick Express to Victoria, when it all went wrong and I missed the meeting.

For six years I had the great privilege of being a board member of the Marine Management Organisation, a Defra non-departmental public body. I have had an awful lot to do with structural funding over the years as an MEP, in other roles locally in the south-west and a little bit as part of the MMO. The EMFF recently has been one of the best-delivered structural funds. I am particularly thankful for the good work of the MMO’s finance director, Michelle Willis, under the direction of the chief executive, John Tuckett, who managed to deliver a programme of structural funding pretty well on time and of the right quality, which is unusual in this area.

I know the Minister always likes me to be positive, so I seriously congratulate the Government on one thing in particular—there will be others: in paragraph 6.7 of the Explanatory Memorandum, for the first time ever the Government have used the term “fishers” rather than “fishermen”. I have brought this up before, and the government response on why they used that word was that they consulted with the industry and that is the term it said it wanted to be used. There is something wrong in the way that that logic works. But congratulations on that. My sub-committee’s most recent report on the landing obligation, which I cannot go on to today, also used that terminology, because that is the way that participants in this industry are described in most other English-speaking countries. I hope that that will continue in future.

Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 27th February 2019 Grand Committee

We have worked very closely with the devolved Administrations on this instrument and, where it relates to devolved matters, they have given their full support and consent. These regulations will help to ensure that our waste management legislation continues to operate as intended, and as before, following EU exit. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, first, I declare my interests as a member of a local authority and a vice-president of the LGA. I thank the Minister for his comprehensive opening remarks and for his time and that of the Defra officials in the very useful briefing sessions held ahead of these SIs being debated. This SI, as indicated by its title, is something of a catch-all on the waste front, covering a number of waste issues from scrap metal to hazardous waste, batteries and accumulators, glass cullet, as well as landfill. I have a number of minor points to raise.

In paragraph 2.2 of the Explanatory Memorandum there is reference to the criteria for determining when certain of the materials that I have just mentioned would cease to be waste and to calculations of the efficiency of recycling processes. I would be grateful if the Minister could say what is meant by the,

“efficiency of the recycling processes”.

A number of EU Commission decisions on waste are revoked, and the Minister has just broadly referred to that. They include Decision 76/431/EEC, which concerns the setting up of a committee on waste management. This is referred to on page 2 of the Explanatory Memorandum and in the main SI on page 62. Can the Minister explain why there is no mention of a replacement committee on waste management? Is there no longer any need for this committee?

The Minister referred to Decision 2003/138/EC establishing component and material coding standards for vehicles, which is being revoked along with Decision 2005/293/EC on the reuse/recovery and reuse/recycling targets on end-of-life vehicles on the basis that they are already enshrined in UK law. I just wonder why they need to be mentioned if they are already enshrined in UK law.

The powers under directive 2008/98/EC, which were in place before exit day, will transfer after exit day to,

“the appropriate authority, appropriate agency or local authority”.

After exit day, the European Eco-Management and Audit Scheme, EMAS, will no longer have status and registrations will become invalid, although those wishing to can register under EMAS Global. The Government are proposing to make alternative provision for references to the certification of environment management standards by retaining a reference to a conformity assessment body. Transitional provisions will ensure that certifications granted to quality management systems will continue to be recognised as valid. Can the Minister say what these transitional provisions will be and when they will come into operation?

I am concerned about the mechanism for publishing and monitoring targets on waste. The Secretary of State is required to produce a progress report on the UK’s target to recycle 50% of household waste by 2020. However, this does not have to be published until 1 January 2020 and is not a requirement for the devolved Administrations, which the Minister has already referred to. Given the public’s concern about the level of waste, especially plastic waste, would it be better to bring this date forward so that action can be taken to ensure that the targets are met and adhered to?

This SI empowers the Environment Agency and equivalent bodies in other areas, including local authorities, to deal with decisions relating to landfilling of waste and waste from extractive industries, as well as waste criteria for metals, glass and so on. There is, however, no mention of additional resources being allocated to allow these agencies and bodies to take on these powers. Could the Minister say whether there are any plans to provide sufficient resources for this work to be carried out effectively and efficiently?

Finally, reference is made to the reclassification of some hazardous waste products in 1357/2014. The list in Annex III—I am very grateful to officials for providing this—which is referred to in the SI, contains some extremely toxic materials, including explosives, flammable liquids, irritants and carcinogenic materials. This is potentially extremely concerning and could have implications for public safety. Could the Minister give a little more detail on how this might be implemented?

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for his introduction to this SI and his helpful prior briefing; I also thank the noble Baroness, Lady Bakewell, for her contribution.

As the Minister described, this SI contains a series of amendments to different aspects of the waste management system required to be in place by exit day. In the main, we are content with the proposals, which appear to replicate closely the current arrangements with the EU. These are regulations from which the UK has benefitted in the past and it is important that these standards are upheld.

However, I want to make a couple of points about the drafting, then I have some questions. On the drafting of the SI, although this is a very lengthy document, I found both the SI and the Explanatory Memorandum very clear and I commend those that drafted them. In particular, I welcome the inclusion in the SI of a very clear definition of who is the appropriate authority and appropriate agency in each case. The Minister will know that we have raised this issue time and again, but in this document, it is spelled out; indeed, the document goes further. Where there is a more generic reference, it is qualified by the phrase,

“the appropriate authority, appropriate agency or local authority which, immediately before exit day, was responsible for the United Kingdom’s compliance with that obligation”.

I commend that wording and I believe that this phrase could be used more widely in other SIs to avoid ambiguity. There is learning for us all in that.

I now have a few questions. Along with the noble Baroness, Lady Bakewell, I would be grateful if the Minister could clarify the arrangements for external verification, reference to which is made several times in the document. For example, on page 22, the amendment to Article 5(7) uses an EU regulation to define a “conformity assessment body”. Do the Government intend to retain that EU definition and accreditation in the longer term? Is that how we will operate—namely, that we will not have our own UK definition and we will stick with the EU definition?

Paragraph 7(c) adds that other accreditation can be solved through the EMAS scheme, which has been referred to. However, this seems to be slightly at odds with the wording on page 4 of the Explanatory Memorandum, which states that references to EMAS “will be omitted” and that any registration would have to be through EMAS Global. Can the Minister clarify that wording? What is the difference between EMAS and EMAS Global? Does EMAS Global have the same authority and impact as EMAS and are the same resources available to provide the required verification?

I refer now to the reporting on the UK target to recycle 50% of household waste by 2020. As the noble Baroness, Lady Bakewell, said, this is an issue of great public interest, particularly as we seem to be heading towards missing that very important target. This was a requirement to report to the EU, which has been replaced by one called the “progress report” to be published,

“in a manner that the Secretary of State considers appropriate”,

before 2022. I am grateful to Richard Gregson, the Defra lawyer, for sending me the existing wording to compare with the new wording. The original wording refers to an “implementation report” that should demonstrate compliance with the targets to the Commission. This is to be replaced by a progress report, which it appears the Secretary of State will publish to himself with no penalty for inaction.

Let us compare this to what would happen if we remained in the EU. I am advised that if a member state is found guilty of failing to meet targets in a directive, an EU penalty formula would be applied—in this case, a maximum fine of around €700,000 each day if we do not meet the target in 2020 and continue not to meet it for a significant period. It does not need too much imagination to see how that threat would concentrate the minds of those responsible for the targets in Defra. Moreover, it once again puts into stark relief the need for an independent watchdog that can hold the Government to account and issue fines that will deliver real compliance with these important environmental objectives.

I am very unhappy with the wording of this SI as it stands. It seems to represent a considerable watering down of the current provision and I would contend that it goes further and represents a policy change as the 50% target now becomes advisory rather than compulsory. This is of course compounded by the fact, as we have heard, that the targets will apply to England only with no obligation on the devolved nations to report. I ask the Minister to look at this wording again to bring it more in line with the expectation of implementation as set out in the original wording and to put on record that the interim watchdog, the details of which we still await although the clock is ticking, will have equivalent powers to issue fines similar to those currently in operation in the EU.

Finally, on a small point of detail, there is a provision on extractive mining which covers the definition and the dangers therein. However, paragraph 5(c) of new Article 2B on page 16 of the SI includes a reference to,

“Article 2 of Council Directive 2009/158/EC on animal health conditions”,

relating to trade with the EU and third countries in “poultry and hatching eggs”. I struggle to see the connection between poultry and hatching eggs and extractive mining. I would be grateful if the Minister could explain that connection and why this provision appears not only in the paragraph that I have referred to but in several others. I am curious to hear the answer to that, but I look forward more seriously to his substantive response on the issue of waste targets.

--- Later in debate ---

I want to respond on one further issue. We are not weakening our environmental protection. We will maintain, and wish to enhance, our already high environmental standards. The EU withdrawal Act will ensure existing EU environmental law continues to have effect in UK law. We are absolutely clear that this is a technical instrument to ensure that the law is operable. In every case, there is no change to policy or to the environmental standards already in place. We have a lot of work to do on enhancing the environment, and the reduction of waste and moving to a circular economy is a clear component of that. We want to ensure that this country is in a better state than when we inherited it. It is important we make sure that this operability SI is successful.

[Baroness Bakewell of Hardington Mandeville]

Unless I missed it, the Minister did not refer to the committee on waste management. I am very concerned about what, if anything, will replace it.

[Lord Gardiner of Kimble]

My Lords, I think a letter would be a good idea.

Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 20th February 2019 Grand Committee

[The Duke of Montrose (Con)]

My Lords, I thank the Minister for his detailed exposition of the extent of this legislation. It sounds as though the existing regime will transfer without too much of a hiccup in order to enforce the regulations. However, in declaring my interest as a livestock rearer and a farmer, I cannot resist pointing out that the existing system is not totally foolproof. This is really for another day, but we need to realise that certain diseases seem to slip in not just by midges being blown across from Europe. Two that affect sheep in particular which have come in are maedi visna and ovine pulmonary adenocarcinoma—OPA. These diseases are now hidden in our own flocks and are very difficult to determine.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his very helpful introduction, and for his time and that of his officials in producing the very helpful briefings we received prior to debating these statutory instruments. But yet again no impact assessment has been produced for them, as the Government believe there is no significant impact. This is not acceptable, since insufficient time is being allocated to allow proper scrutiny of the raft of Defra SIs in particular that are required to be passed before 29 March. Had the Government started this process earlier there would have been sufficient time for such impact assessments to have taken place, and for the public and politicians to be suitably reassured that no harm would occur. However, I do not agree with the noble Lord, Lord Adonis, that all our consideration of SIs should take place on the Floor of the House. That would be a very poor use of parliamentary time.

Although the first SI on aquatic animal health and plant health does not make changes to substantive policy content, there is always a risk of new disease and pest risks. The SI gives the Secretary of State powers to manage and prevent diseases and pests in aquatic plants and animals. It also allows the Secretary of State to amend lists of possible diseases and pests on the basis of evidence and bring about restrictions to stop imports if they are believed to be infected with these diseases and pests. However, there is little to say what the evidence base will be for amending lists of diseases and pests, or how this will impact on businesses and the voluntary sector. What type of evidence will be required and where that will come from?

As we are becoming somewhat used to, there are a whole host of delegated powers in this SI that allow the Secretary of State to amend lists of diseases as well as other things listed in Regulation 7 in Part 2. These powers are currently exercised by the Commission as delegated powers. However, the Government do not appear to be drawing back powers that should be held by Parliament. If the Government essentially intend to mirror the EU’s list of diseases and pests, could the Minister say what the point is in claiming back these functions? Surely this is the point of pooled sovereignty.

The list of diseases is transferred, with appropriate modifications, to the Secretary of State, Welsh Ministers, Scottish Ministers and Defra in the case of Northern Ireland to exercise in their respective areas. Could the Minister say what these appropriate modifications will be? The Secretary of State may also exercise the functions on behalf of a devolved Administration with their consent. There are several other powers under this directive that are not transferred via this instrument as they are not thought to be critical for day-one readiness and may be transferred in due course. Again, could the Minister say what these functions are and when they might be transferred?

The animals legislative functions SI covers the provision of a lot of animal regulation currently managed by the Commission to be given, again, to the Secretary of State, who may make amendments with the permission of the “appropriate Minister”. New article 2a as inserted by the SI gives a definition of the appropriate Minister, which includes the Welsh Ministers, the Scottish Ministers and Defra for Northern Ireland, as I said. However, the appropriate Minister has to give consent to the Secretary of State before changes can be made. Could the Minister say what contingencies are in place should such consent not be forthcoming from the Welsh and Scottish devolved Administrations? I presume is it expected that Defra, on behalf of Northern Ireland, will automatically give consent.

I am concerned that the transfer of these powers to the Secretary of State on animal welfare could lead to a watering down of our animal welfare regulations, which are currently some of the best in the world. They include the transportation requirements of animals, the level of checks carried out on livestock, limiting the amount of seal hunt products arriving on the market, and the maximum number of poultry, hares and rabbits to be processed by low-throughput slaughterhouses. As the noble Lord, Lord Trees, has said, it is extremely important to maintain the strictest regulations for TSE.

As the noble Baroness, Lady McIntosh, flagged up, could the Minister say just how many hares and rabbits—particularly hares—are slaughtered through slaughterhouses? I am by no means an expert, but I have never heard of hares or rabbits being killed by slaughterhouses in this country. Our hare population, although recovering in some areas, is seriously under threat. The thought that these wild creatures will somehow be subject to a slaughterhouse production line is extremely concerning.

The Government continue to make encouraging noises about their commitment to animal welfare, but appear not to ensure that our current standards are enshrined in our law; they are subject to alteration by the Secretary of State. While the current incumbent is committed to animal welfare, we all know that Secretaries of State can come and go. It is a dangerous policy to allow these commitments to be the subject of individual personnel, as opposed to committed to law.