UK Shellfish Sector

Baroness McIntosh of Pickering Excerpts
Wednesday 10th February 2021

(3 years, 9 months ago)

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Asked by
Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering
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To ask Her Majesty’s Government, further to reports of restrictions on the export of live bivalve molluscs to the European Union, what steps they are taking to support the shellfish sector in the United Kingdom.

Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con) [V]
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My Lords, we recognise the importance of this long-standing trade and the impact of restrictions on a valued industry. Live bivalve molluscs ready for human consumption can be exported to the EU as “products of animal origin”. The Secretary of State raised the matter of exporting from GB class B waters with EU Commissioner Kyriakides, and we are pressing for an urgent solution to enable trade to resume.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, will my noble friend join me in extending our good wishes and regrets to Baron Shellfish of Bridlington, which prospered as one of the success stories of the common market, selling direct to customers in the European Union in the 1970s? Because of the bureaucratic and administrative barriers to trade since 1 January, it is now ceasing to trade, which is highly regrettable.

Given the recent ban, to which my noble friend referred, on exports from the UK of live bivalve molluscs, what plans do the Government have to use the regulatory framework set up under the trade and co-operation agreement with the EU? When does he expect that the specialised committee on fisheries will be set up? This would seem to be a classic case of an ideal solution being found by talking, rather than taking retaliatory tit-for-tat action.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble (Con) [V]
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My Lords, I agree with my noble friend’s tone. We seek to have a quick discussion with Commissioner Kyriakides about how this trade can resume. We do not believe that the legal interpretation that they are putting on the class B waters is correct. We are working very closely with stakeholders and the devolved Administrations: my right honourable friend the Secretary of State will have further discussions with the Welsh and Scottish Ministers tomorrow. We wish to resolve this matter. Of course, we want to ensure the smooth passage of exports of our excellent produce.

Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020

Baroness McIntosh of Pickering Excerpts
Wednesday 27th January 2021

(3 years, 10 months ago)

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Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con) [V]
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My Lords, I thank my noble friend for introducing the statutory instrument so expertly. I will leave the organic question to when we discuss the next statutory instrument. I declare my interest as I chair the board of the Proof of Age Standards Scheme, a member of which is the Wine and Spirit Trade Association.

Like others, I have been involved as a former MEP with trying to protect geographic indicators. I pay tribute to the imagination of some producers such as Shepherds Purse Cheeses, which was unable to retain the denomination of Yorkshire feta, as obviously it is produced in North Yorkshire near Thirsk and not in Greece. It changed the name to Yorkshire Fettle. We have yet to successfully obtain the badge for Yorkshire pudding.

I would like to put two small requests to the Minister regarding the wine trade here. The first relates to the removal of the form VI-1 for non-EU wines. Now we have left the European Union and reached the end of the transition period, why are we seeking to automatically roll over EU regulations—especially when they work to the disadvantage of British importers and consumers? I understand that 99% of the wine consumed in the UK is imported and that half that wine is from the European Union. It would make sense not just to keep this under review, but to remove the requirement set out in form VI-1. When this was discussed in the House of Commons, my honourable friend the Minister, Victoria Prentis, said in reply:

“we will consider in due course whether there is a case for revisiting the requirements of the VI-1 certification.”—[Official Report, Commons, Delegated Legislation Committee, 25/1/21; col. 8.]

I put it to the Minister today that there is no time like the present. Can we review it and scrap the requirements of VI-1?

My second request is to look at what was set out by the noble Lord, Lord German, so I will not repeat the technical details. But on annexe TBT-5 and the requirements for an electronic system, can my noble friend put a date on when that will come into effect? If it is within the next six months or slightly beyond that, can we again look at dispensing with the paper form requirements, which we have seen cause such difficulties since 1 January and leapfrog over to introduce the electronic system as soon as possible? Let us hope that it will not have the same teething problems as we have experienced with other customs requirements since 1 January.

Organic Production (Organic Indications) (Amendment) (EU Exit) Regulations 2020

Baroness McIntosh of Pickering Excerpts
Wednesday 27th January 2021

(3 years, 10 months ago)

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Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con) [V]
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My Lords, it is a pleasure to follow the noble Baroness, Lady Parminter, who speaks with such knowledge on these issues. I pay tribute to my noble friend and his department for what they have achieved for the free movement of organics. My understanding is that, at one stage, it looked as though there would not be uninterrupted, unfettered access to the UK market from the EU, and for our organic products over there. The fact that that has been recognised and redeemed is worthy of congratulation, because I am sure it would have taken some time to achieve.

For the most part, I support the contents of the limited instrument before us today, but I take note of what the noble Baroness, Lady Parminter, said about the degree of urgency. It would be helpful to know about that. I am slightly concerned that there will be two dates that organic producers have to be aware of. My noble friend said—and I am sure this is welcome—that there is a deferral until 1 July, which I presume extends to organic products from the EU, the EEA and Switzerland for the certification set out. Yet I understand that the trade and co-operation agreement has extended the mutual recognition of organic standards until the end of 2023. Does that mean that those organic products will have to be subject to these new import processes from 1 July 2021, and will the certification be in paper format? We have already encountered a number of difficulties at ports, in particular, and I fear that we will experience the same difficulties again. I do not know whether my understanding is correct there, but it would be very helpful to know whether that is the case.

I am slightly surprised that the Explanatory Memorandum says that no consultation has been undertaken—other than, I presume, the usual engagement that my noble friend and the department have with organic producers. It will be interesting to know how often they meet and what their reaction has been to the contents of the instrument.

This is undoubtedly a very important sector, for the reasons my noble friend gave, in terms of worth to the UK economy and the value of UK exports alone, so it would be helpful to know that access since 1 January from the UK to our export market in the EU has been smooth.

Finally, I note something raised by our honourable friend the Minister in the Commons who replied to the little debate on this instrument there. She alluded to what the Government hope to do through the Agriculture Act 2020:

“We will use the Agriculture Act 2020 to set an ambitious new course for the organic sector. We are working to ensure that organic goods can continue to move freely between Great Britain and Northern Ireland. In terms of movement into Northern Ireland, through the Joint Committee agreement and the UK-EU TCA, we have secured easements to allow time for adjustments to take place.”—[Official Report, Commons, Third Delegated Legislation Committee, 25/1/21; col. 8.]


To press my noble friend on that, is he expecting more regulations to flow under the Agriculture Act’s provisions? Presumably there will have to be regulations before the end of June, or will this automatically fall into place so that we do not need to revise any current regulation in place? I would be very interested to know the extent.

I entirely support an ambitious new course for the organic sector; it has done quite well and is a jewel in the crown. I am sure any support the department can give will be very welcome—personally, I think it has always been considered fairly niche. When might we expect thinking to become more concrete and see the regulations give effect to what the Government have in mind?

I thank my noble friend for introducing the regulations and for giving us the chance to scrutinise them.

Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021

Baroness McIntosh of Pickering Excerpts
Tuesday 26th January 2021

(3 years, 10 months ago)

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Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con) [V]
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My Lords, I am most grateful to my noble friend for presenting the regulations and his introduction to them. As the noble Lord, Lord Clark, just suggested, they are fiendishly complicated so I hope my noble friend will permit me to ask a couple of questions relating directly to how they will apply and on a couple of other matters relating to fertilisers more broadly.

Looking specifically at paragraph 7.3 of the Explanatory Memorandum, if my understanding is correct, this says clearly—and my noble friend referred to this—that an EU manufacturer must have a manufacturing base in the EU to be able to import into Northern Ireland, whereas a manufacturer in Great Britain will be able to continue to export to Northern Ireland but will have to produce one label for export to Northern Ireland and make separate provision for continuing to export to the rest of the European Union. Could my noble friend confirm that that is the case?

I was contacted by the AIC, which deals in seed and agricultural production. It suggested that there will be a two-year transitional period, during which businesses will be able to continue to manufacture and sell material labelled as an EC fertiliser under Regulation 2003/2003 for use in Great Britain, provided that those products conform to EU standards. Will my noble friend confirm that that is just for a two-year period and what happens at the end of it?

Also, will the UK fertiliser manufacturers hoping to export to the EU and Northern Ireland need to be established within the EU or Northern Ireland, as I mentioned, and will products have to be labelled accordingly with the EU-established manufacturer or importer as appropriate? Presumably that will be an additional cost to the UK fertiliser manufacturer. I ask because paragraph 3.1 of the Explanatory Memorandum clearly states that there should be not so much no increased costs, but no increased obligations on businesses. However, there would certainly seem to be the cost of producing these labels.

I have two rather more technical points. Detonation-resistance testing for the production and importation of high-concentration ammonium nitrate is a legal requirement, but this is now limited to a single UK-based laboratory, which apparently lacks the capacity to meet demand. The nature of the product additionally limits its easy transport between countries by courier. There is, I understand, a current derogation of two years to allow European-sourced ammonium nitrate to continue to be tested in EU accredited laboratories. Clearly this derogation must be extended to allow testing in any accredited ISO laboratory.

Finally, the UK now has oversight of its trade remedies through its countermeasures policy. Presumably our Trade Remedies Authority, when it is up and running, will be in charge of this. The application to the UK of existing trade remedies on urea ammonium nitrate from the USA, Russia and Trinidad and Tobago is due to terminate, so urea ammonium nitrate will not be subject to the EU-imposed anti-dumping duties, though I gather that the anti-dumping duty on ammonium nitrate from Russia will still apply. I understand that these latter two points probably go broader than Defra, but I would be keen for my noble friend to write to me for our better understanding of how this applies to these regulations, particularly for those volatile products to which the noble Lord, Lord Clark, referred.

With those comments, I am delighted to consider the SI this afternoon and look forward to hearing my noble friend’s response.

Rural Landlords and Land Letting: Reform

Baroness McIntosh of Pickering Excerpts
Thursday 21st January 2021

(3 years, 10 months ago)

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Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con) [V]
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My Lords, I am delighted to follow the noble Lord and I congratulate my noble friend on securing this debate. I pay tribute to all farmers, who have worked tirelessly through this pandemic to put food on our plates in extreme weathers, in England and Wales especially, and I pay regard to the fact that tenant farmers account for 30% of those who farm in England and Wales and nearer 48% in North Yorkshire.

My main concern reflects that of other noble Lords: tenants who occupy the land under farm business tenancies. They account for up to half the tenanted sector of agriculture in England and Wales, and the tenancies are characterised by short-term lets and restrictive clauses. There is unfinished business from the Agriculture Act 2020 and I seek an assurance from the Minister today that these tenants, particularly FBT holders, will not be excluded from new government schemes replacing the CAP or indeed from any private arrangements for the better environmental management of the land. Will my noble friend therefore confirm that the beneficiaries of the new schemes will be the economic operators, those taking the entrepreneurial decisions and the tenant who actively farms, not the landlord, as that would be singularly inappropriate if they are not actively managing and farming the land?

EU Trade and Co-operation Agreement: Fishing Industry

Baroness McIntosh of Pickering Excerpts
Tuesday 19th January 2021

(3 years, 10 months ago)

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble (Con) [V]
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My Lords, I said that there would be a £100 million programme to modernise fleets and improve and increase the fish-processing industry. I also said that the agreement involved the equivalent of 25% of the total value taken by EU vessels from UK waters going to UK fishers. This is a feature of the first section, of five and a half years, of our new relationship as a sovereign state. I am sorry if the noble Lord thinks that my answers are not adequate, but the investment we intend to undertake is because we think there is a very strong future for British fishing.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con) [V]
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Will my noble friend join me in regretting that fish are going to rot, having made their way to a French port? Will he join me in pressing for training, so that the computer problems experienced on both sides of the channel can be resolved as soon as possible? Does he agree with me that, once again, inshore fishermen are the poor relations? They do not have exclusive access up to 12 nautical miles, as they were promised; nor have they been given an additional quota, which we did not need to leave the European Union for them to receive.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble (Con) [V]
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My noble friend is right that we should bear down on any waste, particularly on this issue. That is why, at official and ministerial level, there have been meetings with the Dutch, Irish and French to ensure that there is flow of food from this important sector, as well as a recognition that we need to ensure that companies know what documentation is required. On the issue of six to 12 nautical miles, access by EU vessels to the UK is limited to a number of ICES areas—the southern North Sea, the channel and the Bristol Channel. We want a vibrant future for all parts, but we understand that the inshore sector is important and will work with it on this.

Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020

Baroness McIntosh of Pickering Excerpts
Tuesday 19th January 2021

(3 years, 10 months ago)

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Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con) [V]
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My Lords, I am delighted to follow the two noble Baronesses and I thank my noble friend for his typically clear explanation of what are very complicated regulations. My starting point is that importers and exporters are simply not used to form filling and customs declarations, which have not been a requirement since we joined the single market in 1992. So, while I welcome the phasing in of the first regulation on animal feeds, food and plant health, as he outlined, could my noble friend be clear what the requirements will be in the new model certificates, and the timescale within which they will be available? Could this be done as soon as possible? Could he also update us on the development of the

“appropriate computerised information management system”

referred to in the first instrument before us?

On plant health, could my noble friend confirm that we will still have access to the EU risk assessment, such as TRACES? In the case of ash dieback, we exported ash seeds and reimported them as saplings. We happened to import ash dieback, which of course was not intentional. When my noble friend refers to checks being proportionate, depending on the specific factor, commodity and continuity of exports, will he ensure that sufficient training will be given under both regulations to ensure that importers and exporters are familiarised at the earliest possible stage with the requirements they will be asked to meet?

On the concerns raised by Friends of the Earth to the Secondary Legislation Scrutiny Committee regarding imports into GB, I am sure my noble friend will confirm that this will be available at the earliest opportunity on the government website. Will he again ensure that sufficient time is available to exporters and importers to prepare? I understand that the forms were only prepared in November. I hope that their coming live dates of 1 April and 1 July will give sufficient time for this purpose.

Like my noble friend Lady Fookes, I find it very confusing that there will be two systems in operation, one for those exporting from Northern Ireland to GB and another for those exporting from GB to Northern Ireland—but I am sure my noble friend will confirm that under the protocol there is no alternative. I welcome the opportunity to put these questions and to give the regulations some scrutiny this afternoon.

Agricultural Transition Plan

Baroness McIntosh of Pickering Excerpts
Tuesday 8th December 2020

(3 years, 11 months ago)

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Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con) [V]
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My Lords, I welcome the Statement and pay tribute to my noble friend for his patient and painstaking approach during the passage of the Agriculture Bill—now the Agriculture Act. I will focus in particular on how all three strands of support outlined in the Statement and White Paper are more of an environmental charter than perhaps sustainable farming and a move to food production, with potentially less reliance on imports.

I press my noble friend to understand the implications for upland farmers. He said that they would be well placed to benefit from land management systems, but how will that be when they do not own the land? Some 47% of farms in North Yorkshire are tenanted, so I would like to understand how this will be beneficial to them. Many have a bent towards livestock farming, at which they have been very successful, but they do depend on the current stewardship and payment schemes. Going forward, I would like to know that a heavy emphasis on food production will continue, so that farmers who do not own but tenant the land will continue to benefit from the proposals for sustainable farming set out in the Statement today.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble (Con)
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I thank my noble friend. We have worked together on these matters, which is why I go back to the importance of codesign in the tests and trials. We have contracted 72 tests and trials involving 5,000 farmers and land managers. We have nine tests and trials in upland areas: three are taking place across multiple regions, two in the south-west, two in the north-west, one in the West Midlands and one in Yorkshire. We are working with a total of 811 farmers and land managers. Our portfolio of tests and trials involves at least 76 tenant farmers, of whom approximately 62% are upland tenant farmers.

Clearly, we want to ensure that there is a vibrant tenanted sector in this country. I am well aware of the importance of the uplands. I might diverge from my noble friend here. If we had more time, we could go through the many schemes that are coming forward, whether for owner occupiers or tenants, where productivity grants and environmental schemes will be extremely valuable, whatever the tenure. We want to ensure that these schemes are of value to farmers across the piece as they seek to produce excellent food and enhance the environment for us.

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

Baroness McIntosh of Pickering Excerpts
Wednesday 2nd December 2020

(3 years, 11 months ago)

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Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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I am most grateful to my noble friend for bringing these four instruments before us today and for his very comprehensive introduction. I have a few comments and questions that I know my noble friend will answer as fully as he can.

The Explanatory Memorandum to the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 helpfully sets out the purpose of this instrument:

“These controls are integral to the protection of human health and biosecurity in the UK, as they deliver a risk-based and closely defined regime for checking the provenance, health and lack of contamination of SPS goods before they are allowed to pass beyond the control points at the UK border.”


If my reading is correct, some of these may take place internally as well. So I ask my noble friend the fairly obvious question: will we have enough agents? Will customs officers or Food Standards Agency agents perform this? I know that Defra has had an enormous campaign to put enough in place, so I would be interested to hear. Will the controls be actually at the UK border or will some of them be done internally? Will it create a lot of extra work, because we will effectively be a third country, so an import from an EU country will be considered as if from a third country, and we will therefore be asking them to do the checks that would otherwise have been done in other EU countries and that we would have accepted. Will this increase the workload in any way, and do we have the resources, agents, or FSA or customs officers to cover it?

On the second instrument, the Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020, I am most grateful to the Secondary Legislation Scrutiny Committee for its work. I understand that the new arrangements are being phased in, in time to come into place and allow businesses to adjust by 1 January 2021. Do we think we have given them enough time?

I accept that the new IPAFFS—import of products, animals, food and feed system—will replace TRACES, but is there any benefit to our remaining part of TRACES or will we drop that completely? There are also issues of resources. Do we have enough staff involved? Will a new computer system be involved and is it already up and running? Is my noble friend convinced that that will suffice?

I think it is this instrument that relates to the trade in horses. I was very keen, as I know were a number of noble Lords and honourable and right honourable Members next door, to continue the agreement that relates to the movement of horses—I have forgotten what it is called—that France, Britain and Ireland were members of. Have we managed to read that across and will it remain in place, at least with those countries, or have we lost it completely?

The third instrument relates to aquatic animal health and alien species. The Secondary Legislation Scrutiny Committee raised a number of interesting questions. As its 34th report was published in mid-November, the situation may have changed. Paragraph 56 states:

“We note that it is not clear at this stage what the process and requirements will be for moving pets from GB to Ireland via NI after the end of the TP.”


Has that now been resolved?

It was good to know that there are no additional processes, paperwork or restrictions in Northern Ireland, as noted in paragraph 57, but that there will be a requirement for export health certification. My noble friend will be aware that a number of us have concerns. I declare that I am an associate fellow of the British Veterinary Association—the BVA. There is concern about whether there will be a sufficient number of qualified vets in place to consider all these issues at the point of entry, presumably, with products moving across to Great Britain, delivering unfettered access. Does my noble friend share my concern or is he able to put my mind at rest in that regard? I welcome the fact that, I think, 600 new places have been found at veterinary schools this year—that is good news indeed—but, if we are losing the expertise of the European Union vets, many of whom have voted with their feet to leave the United Kingdom, will that be a problem as of 1 January?

Paragraph 57, quoting the department, states:

“A new Trader Support Service, available to all traders at no cost, will be established”.


We took evidence on this in the EU Environment Sub-Committee, and it is a source of concern. My question is simple: when does my noble friend expect that the trader support service will be open for business and to give advice as required?

On the last instrument, on veterinary medicines and residues, the 34th report of the Secondary Legislation Scrutiny Committee helpfully looked at this. In paragraph 60, Defra confirms that if the conditions set out are met and an application has been made to a,

“dedicated place of establishment … and has provided the same application dossier and supporting information to the Veterinary Medicines Directorate as they would have provided to the European Medicines Agency or the relevant authority in an EU Member State”—

there are no safety concerns and a certificate will be issued to allow the products to be marketed in Great Britain. Again, my question is simple: does my noble friend expect any initial delays in coming to terms with the possible volume of applications or the setting up of the new system? Does he expect any costs to apply?

I understand that Friends of the Earth raised a number of concerns, in particular about one requirement from EU law which does not come into effect until November 2022, after we have left and after the end of the transition period. Are there any possible measures that may have been agreed to by the United Kingdom, relating to draft veterinary medicines and residues or the other instruments before us this afternoon, that will not have been implemented before 31 December? If that were to be case, what would be the legal position? My noble friend may not have that information at his fingertips, and I would be grateful if he could write to me.

I am very grateful to have the opportunity to consider the instruments before us today and I thank my noble friend and his department for all their work in putting these in place and making us ready for 1 January.

Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020

Baroness McIntosh of Pickering Excerpts
Wednesday 2nd December 2020

(3 years, 11 months ago)

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Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I am once again grateful to my noble friend for these important regulations, which, as he will recall, cover a lot of the ground we debated at the time of the Fisheries Act, but put meat on the bones. Taking the fisheries regulations in turn and looking at the first set in the order in which my noble friend took them, it is obviously a matter of note that we will no longer be part of and therefore cannot request or receive advice from the Scientific, Technical and Economic Committee for Fisheries. Will there be a gap between our receiving that advice and the new regime to which he referred coming into place?

I am sure that my noble friend will expect me to ask the question that I ask on every occasion we discuss fisheries. He has said on many occasions that we will continue to support the International Council for the Exploration of the Sea. Has the memorandum of understanding with ICES been signed? If so, that is great, but on what date? If not, when does he expect it to be signed? Can he confirm that the resources and budget that the Government will allocate matches what we are already paying? I understand that we are one of the major contributors to ICES: we contribute between 13% and 16% of its total budget. What is more important to me is that my noble friend stated—I welcome this—that, going forward, all our proposals will be based on scientifically robust evidence. I can think of no better body to subscribe to than that one. It would be very helpful if he could confirm that.

I know that ClientEarth and others have expressed concern about the first set of regulations, saying that it might weaken requirements in relation to scientific information and research surveys, sustainability of stocks and reporting. I hope that my noble friend will take this opportunity to put our minds at rest by saying that that is not the case. He went on to say that there will be a new form of financial assistance coming forward from the Government—I presume in relation to both regulations. Can he say in outline what he thinks that financial assistance will look like and who will pay for it? Are the Government considering moving towards an industry-paying basis? If that is the case, I make a plea that is in the form of a levy into a central fund so that there is some distance between industry paying and the resources being taken out at the other end.

It would also be helpful to know the type of activities and schemes that will be funded and, once again to put my mind at rest, to know that there will not be a gap between the level of funding to date and the new funding schemes coming into place. We reach the end of the transition period at the end of this month and my noble friend said that the plans will not come forward until the first quarter of next year. I would be most grateful for any illumination on that.

If I have understood correctly, the second instrument may remove our requirements under and support for certain international agreements. My noble friend will recall that, on many occasions during the passage of the Fisheries Act, I asked the Government to repeat their commitment to international obligations, most of which seemed to stem from the Johannesburg convention in 2002. It would be helpful to know that that co-operation with other countries on marine and fisheries post Brexit—post the end of the transition period on 31 December—will continue. It is obvious that fish do not respect boundaries; we need a commitment to international co-operation in that regard.

I share the concern expressed by many environmental groups that the instrument removes our membership of the Scientific, Technical and Economic Committee for Fisheries. To what extent will discards have a role to play? I quite understand that fishermen were keen to be rid of the landing obligation; during the passage of the then Fisheries Bill, my noble friend confirmed that it would be removed. I refer to paragraph 42 of the 33rd report of the Secondary Legislation Scrutiny Committee, which has been most helpful in preparing for today’s debate. It states that there will be a requirement for the UK

“to impose controls on all non-UK vessels, including those flying the flag of EU Member States. According to Defra, these controls include requirements to use designated ports, to obtain authorisation prior to using ports and to submit certain documents in advance of using ports as well as a regime of inspection.”

Will discards feature here or have we lost the landing obligation completely? Who will be required to enforce those controls? Concern was expressed during the Bill’s passage that we were losing access. It would be interesting to know how many fisheries vessels and other vessels of marine organisations will be on standby to implement completely the new policy to which the Government have committed.

If the landing obligation has gone, can my noble friend put my mind at rest that the replacement will offer an equivalent level of environmental protection to prevent illegal by-catch and overfishing? Will Regulation 7(7) of the first instrument ensure the sustainable management of fish stocks and that it is not threatened? Can my noble friend the Minister confirm that the total allowable catches will be set in line with sustainable levels at the end of the transition period this month? Also, under Regulation 11(5), can he confirm that any future UK financial assistance will be given only to operators that comply with fisheries management rules, including those on sustainability under existing EU law?

On both instruments, we will have the opportunity to ensure that any EU flag state that flies into our ports will meet all the obligations required of them. If we are losing the landing obligation, it is important to know that illegal discharges will be stopped and that by-catch will be monitored in the most efficient way possible. With those remarks, I am grateful to have had the opportunity to discuss the two regulations before us.