Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020

Baroness Jones of Whitchurch Excerpts

Wednesday 2nd December 2020 Grand Committee

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for his introduction to these SIs and for the helpful briefing he organised beforehand. I accept that a number of technical and operational updates have been included, which makes sense. It is of course important that we have a functioning import system once the transition is over. However, I have a few questions that it would be helpful if the Minister could address.

First, as a minor point, I note that paragraph 7.1 of the EM for the first SI states that the intention is to continue delivery of robust import controls for all sanitary and phytosanitary imports while

“maintaining or improving biosecurity and welfare standards.”

Perhaps the Minister could explain what these improvements might be, as I could find no clear explanation of the Government’s intention in this regard.

The second SI has been substantially rewritten, based on the earlier SIs, as a result of the substantial amendments needed, and I agree that that approach makes sense and allows for easier scrutiny of the proposed text. There are obvious sanitary and phytosanitary risks from animal and animal product imports. Paragraph 2.2 of the EM refers to the need for

“appropriate safeguard actions to be taken in case of a reported non-compliance with official controls or disease outbreak in exporting countries.”

What do these actions include? Do they include banning imports from specific individual countries? Would we be able to target individual countries, or would there need to be an EU-wide ban for certain products if a particular section within the EU was involved?

Paragraph 7.2 explains that a new approach to managing biosecurity risk will be introduced from 1 April 2021. What arrangements are in place between 1 January and 1 April, and can we be confident that the new arrangements will be in place from 1 April? Paragraph 12.3 refers to importers of animals and animal products having to pre-notify the Government of imports from 1 January using the new technical system, IPAFFS, which replaces TRACES. Can the Minister confirm that IPAFFS has been fully tested, is a secure and reliable system and is able to deal with the volume of import trade which will come its way? Can he also clarify whether the devolved nations will be using IPAFFS as a pre-notification system so that all that information can be shared?

Turning to the third SI, on aquatic animal health et cetera, there are a number of technical changes to maintain control of aquatic animal diseases and to continue biosecurity standards which seem to make sense. However, all noble Baronesses have raised the issue, covered in the report of the Secondary Legislation Scrutiny Committee, of pet passports for the 300,000 pets moving across the border annually. As it points out, the SI allows pets travelling from the EU to the UK to continue to use the EU-issued pet passport. However, that does not yet mean that pets travelling the other way, from the UK to the EU, will have equivalent rights. When will we hear whether the EU has granted us part 1 listed status, which would allow this mutual benefit of travel both ways to continue? Is that part of the current Brexit negotiations, or a completely separate process? If part 1 listed status is denied by the EU, will we also review our attitude to the status of pets coming the other way, into the UK?

The Secondary Legislation Scrutiny Committee also asked about the impact of separate zoonotic and biosecurity disease requirements for GB and Northern Ireland. It was told that goods moving from GB to Northern Ireland would need export health certification and that a trader support service will be available to support businesses. This issue was raised by the noble Baroness, Lady McIntosh, who asked whether the trader support scheme was already up and functioning and, if not, when it will be. The EM goes on to say that there will be no significant impact on businesses. May I ask the Minister to reflect on that statement, given the cost and potential complexities of providing export health certification to businesses that will be exporting to both Northern Ireland and the EU?

Turning to the fourth SI, which deals with veterinary medicines and residues, there is clearly concern about the potential risks to human health and the environment, as well as to animal welfare—issues echoed by the noble Baronesses, Lady McIntosh, Lady Bennett and Lady Bakewell. For example, we have made considerable progress in the UK on cutting back on the use of antibiotics in animal husbandry. However, I read recently that over the same period, the US has doubled its use of antibiotics. There are similar concerns about the use of hormone-injected beef in the US, which is currently banned in the UK. So, there is a need to be vigilant about our protections for the future.

In a submission to the Secondary Legislation Scrutiny Committee, Friends of the Earth referred to the forthcoming EU regulation, due to be enacted in November 2022, which will update the reference action points for antibiotics and antimicrobials. There will not be an equivalent update in the UK. May I ask the Minister to assure the House that a regulation at least equivalent to the latest scientific evidence and safeguards in the EU will be introduced in the UK, and can he explain whether that will be on a timely basis?

The EM also refers to the provision of a surveillance programme for residues of veterinary medicines in foodstuffs. What will be the nature of this surveillance? Will it include visiting the country of origin to check on animal welfare and potential contamination of animal products? What measures are contained in the SI for countries and export businesses that do not comply with our high food quality standards? Does the SI also apply to manufacturers of insecticide flea products for pets, which have been shown recently to be contaminating our watercourses?

Finally, these SIs have not been consulted on because the changes they make are relatively minor. What will be the formal consultation process for changes in policy post transition? A number of them have been flagged up in the SIs as coming on stream in the future. Will those future policy consultations meet the Cabinet guidelines for consultation?

I look forward to the Minister’s response to these questions.