Rural Development (Amendment) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts

Wednesday 13th March 2019 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, it is appropriate that I declare my farming interests, as set out in the register. The matters in the four instruments are closely interrelated; I hope it will be helpful to your Lordships if I speak to all four together. These instruments amend retained EU law and domestic legislation to ensure that rural development payments and maritime and fisheries payments can still be made after exit day. These amendments will maintain the effectiveness and continuity of EU and domestic legislation that would otherwise be deficient following our exit.

These changes are necessary to enable rural development programmes, partially funded by the European Agricultural Fund for Rural Development, and the maritime and fisheries operational programme, partially funded by the European Maritime and Fisheries Fund, to continue operating effectively in the United Kingdom following exit, until their closure at the end of the 2014-2020 programming period. There will be an opportunity to consider the scheme-specific regulations for the European Maritime and Fisheries Fund at a later date, as these are made operable in the Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019.

There are currently four rural development programmes operating in the UK, one in each Administration, providing funding for rural businesses, farmers, land managers and applicants living in a rural community with the intention of growing the rural economy, increasing productivity and improving the environment. The maritime and fisheries programme is UK-wide and promotes growth in the sector by providing funding for sustainable fisheries, marketing and processing and sustainable aquaculture, among other matters.

There are two European funds relevant to these instruments: the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund. The former supports the delivery of rural development in the UK and is worth some £430 million per year over the programming period. The latter promotes a competitive, environmentally sustainable, economically viable and socially responsible fisheries and aquaculture sector, which is worth some £32 million per year. The UK Government have guaranteed that any projects funded from the 2014-2020 allocations from these funds will be funded for their full lifetime.

The changes made by these instruments are necessary to ensure that the Government guarantee can be honoured and payments can continue to be made to agreement holders using domestic funding in place of funding from the EU. They provide certainty to individuals and businesses currently receiving rural development and maritime and fisheries funding or considering applying for funding during the current 2014-2020 programming period.

The Rural Development (Amendment) (EU Exit) Regulations 2019 amend the EU regulation that provides the general rules and structures governing support for rural development, providing payments to be made to agreement holders and laying down rules on programming, networking, management, monitoring and evaluation.

The Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019 amend the implementing and delegated provisions made under the main rural development EU regulation and four implementing decisions approving the rural development programmes for each of the devolved authorities.

The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 amend the EU regulation that sets out the shared framework for all the European structural and investment funds, but only as far as applies to rural development and maritime and fisheries.

Finally, the European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019 amend the supplementary provisions for European structural and investment funds for rural development and maritime and fisheries that are not dealt with elsewhere.

I emphasise that all these instruments remedy the deficiencies in the regulations to ensure that they continue to operate effectively when we leave. They do not introduce new policy, are technical in nature and preserve the current regime for supporting rural businesses, environmental land management and sustainable fisheries, among other matters. The amendments include omitting deficient references to the European Commission and member states and replacing them with references to either the UK or the relevant authority, as appropriate. The instruments also amend references to “Union law” throughout, so that the relevant EU regulations continue to operate effectively as part of national law. Provisions that are deficient because they are time-limited and under which the relevant actions have occurred have also been omitted, such as provisions relating to ex ante evaluations that have already been completed and provisions relating to prefinancing paid out when the programmes were initially set up. In addition, references to European institutions such as the European Investment Bank are also omitted.

One purpose of these modifications is to ensure continuity and clarity as to which public bodies have responsibilities towards the programmes. The obligations and discretions placed on member states will continue to be exercised after exit by relevant authorities in the UK. In this context, “relevant authority” means: the current managing authority of the maritime and fisheries operational programme, the Marine Management Organisation; the Secretary of State in relation to the Rural Development Programme for England; Scottish Ministers in relation to the Scottish Rural Development Programme; Welsh Ministers in relation to the Rural Development Programme for Wales; and the Department of Agriculture, Environment and Rural Affairs in relation to the Northern Ireland Rural Development Programme.

As noble Lords are well aware, agriculture and fisheries are devolved policy areas and are of special importance for all parts of the kingdom. We have worked closely with the devolved Administrations to produce these instruments; they place great importance on them and have given them their full support. I repeat that these statutory instruments are required for the continued operation of the rural development programmes and the maritime and fisheries programme. Without them, there would be no legal powers to make payments to fulfil the promises that these important programmes will continue. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend for bringing forward this little group of statutory instruments. I shall pursue what was raised in Sub-Committee B’s report—the 18th report from the Secondary Legislation Scrutiny Committee. The Sub-Committee has invited this Committee to probe for more financial information. I have a series of questions and I shall try not to repeat myself.

There will be schemes that have finished, and new schemes that will commence but end after a key date—that could be 2021-22. What advice are my noble friend and his department giving to those who may be in a position to enter a new scheme but are reluctant to do so, since they are not sure whether it will complete and what the funding will be for it? My understanding is that there are schemes that fall into that category, and concern has been raised.

Paragraph 7.5 of the Explanatory Memorandum to the rural development regulations says:

“On EU exit, the UK will seek reimbursement from the EU for all CAP payments made to beneficiaries up to 29 March 2019”.


On what basis? We are still members of the European Union, so I would just like to know what the legal basis is for that. It seems very odd, because we are committed to the EU schemes between 2014 and 2019. It says “up to”, so I just ask for clarification, because I do not understand what the legal basis is. It goes on to say:

“Thereafter, such funding will be provided by HM Treasury”.


I know this is of great interest to the farming press and the farming community generally. What is the budget from which those funds will be provided, going forward?

The paragraph goes on:

“The UK Government has guaranteed that any EAFRD projects, where funding has been agreed before the end of 2020, will be funded for their full lifetime”.


Again, it would be helpful to know where these funds are coming from. It continues:

“The guarantee also means that Defra and the devolved administrations can continue to sign new projects this year and during 2020”.


What will be the duration of those schemes? Again, where will the money come from? It goes on:

“In addition, the Government has pledged to continue to commit the same … total in funds for farm support until the end of this Parliament, expected in 2022”.


This has been exercising me for some time. The Government have consistently said that we are committed to paying money until the end of this Parliament, which is expected in 2022. It begs the question: if a general election—heaven forfend—is held before 2022, possibly this year, does that leave the door open for a newly elected Government to cease to pay those funds for those three years, from 2019 to 2022, particularly if there is a change of Government? It is just not clear and it gives us the opportunity to clarify that this afternoon.

Brexit: Food Labelling and Food Safety

Baroness McIntosh of Pickering Excerpts

Monday 11th March 2019 Lords Chamber

Asked by

[Baroness McIntosh of Pickering]

To ask Her Majesty’s Government what plans they have to ensure that food labelling enables traceability and for the United Kingdom to participate in the Rapid Alert System for Food and Feed following the United Kingdom’s withdrawal from the European Union.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, food traceability is required by law and enabled by accurate record-keeping at all stages of the food supply chain, supported by mandatory on-label requirements. Existing traceability and supporting labelling requirements will be carried over into UK law through the European Union (Withdrawal) Act, ensuring continued high levels of safety. While comprehensive contingency plans are in place, the Government remain committed to negotiating full access to RASFF, recognising that continued data sharing will be mutually beneficial.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful for that Answer. My noble friend will be aware that every 10 years or so, there is a potential food scare—I am thinking of BSE, foot-and-mouth and the fraud scandal of horse-gate. At the moment, there are 10 food alerts each day and Britain is one of the major beneficiaries from the European rapid alert system. Will my noble friend ensure that our remaining part of that scheme is concluded at the earliest possible time and if we crash out of the EU without a deal, we will take precautions? This is not the time for the UK to go UK-centric. We need to keep our food as safe as possible for both human and animal consumption.

[Lord Gardiner of Kimble]

My Lords, I entirely agree with my noble friend. It is absently paramount that there is confidence in our food and I believe that the FSA is well equipped to provide that. It has been upscaling to increase its capacity and capability. Of course, the optimum is that we should remain part of RASFF and in point of fact it is mutually beneficial because we are one of the most active contributors to it. However, we are also strengthening our links through the WHO’s INFOSAN network, enhancing stakeholder engagement and improving through the FSA’s strategic surveillance programme. I absolutely take the point that it is paramount that our food remains safe, and we are ensuring that.

Animal Welfare (Service Animals) Bill

Baroness McIntosh of Pickering Excerpts

2nd reading (Hansard): House of Lords
Friday 1st March 2019 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate my noble friend Lord Trenchard and my right honourable friend Sir Oliver Heald for bringing forward a very timely Bill. It is also a delight to see PC Wardell and Finn in the Chamber. That gives us an opportunity to thank police officers and their heroic hounds for all the work they do. I welcome the Minister, my noble friend Lord Gardiner, to his position at the end of what has been a particularly busy week for his department in the House of Lords.

This Bill is especially welcome because it will close a loophole, but I would like to press my noble friend on a number of details to ensure that it is not only small and perfectly formed, but that it will cover all current and future circumstances that may arise. What the case of Finn has demonstrated is that while such attacks are not a frequent occurrence, they create a wave of public revulsion and we need to respond to that in a timely way.

I associate myself with the changes that were brought to the Dangerous Dogs Act 1991 in the Anti-social Behaviour, Crime and Policing Act 2014. The Dangerous Dogs Act itself showed that when all parties subscribe to a particular piece of legislation without proper scrutiny, sometimes we have to revisit it. That Act is very much a case in point.

I pay tribute to the work of Defra and the Environment, Food and Rural Affairs Committee, on which I have served. We looked closely at preventing attacks and creating a stronger offence and penalty for attacks on guide dogs and assistance dogs, as has been referred to so eloquently by my noble friend Lord Holmes. I will spare his blushes, but while it is fair to say that my noble friend and the noble Lord, Lord Blunkett, are particularly popular Members of your Lordships’ House, they cannot compete with the popularity of Lottie and Barney as their companions.

The Government have committed to introducing legislation to increase the maximum penalty for animal cruelty from six months’ to five years’ imprisonment. I understand that as recently as 8 February, the Government stated in the other place that they will introduce legislation to this effect when the parliamentary agenda and timetable allow. Is this not that moment? Does the parliamentary timetable on a Friday morning not allow for a small amendment to incorporate that sentence? It would send out shockwaves and give teeth—if you will pardon the expression—to this Bill. Will my noble friend consider whether this is the opportunity to increase the maximum penalty for the offence from three years’ imprisonment—under the Animal Welfare Act 2006, as I understand it—to five years? That would complete the work of my noble friend Lord Trenchard and Sir Oliver.

Also, as my noble friend mentioned, can the Minister confirm that all military service dogs will be included, as appropriate? I was MP for the Vale of York for five years, and a number of animals policed the RAF establishment. They do a fantastic job of work, often in the background. Will they be covered by this law? If not, could we amend the Bill, ideally by the Government bringing forward an amendment that we could all support to extend this provision to all military service dogs, as my noble friend suggested.

Does this Bill covers police horses? Finn suffered horrendous injuries, but horses have also been injured. Those injuries may not have been fatal or life-threatening, but there is the potential for that. Can we close that loophole as well, before we need to introduce another law after a future tragic incident? Will my noble friend look favourably at bringing forward a government amendment to extend this provision to horses—unless he can confirm that horses are covered? The point is not made clear in his department’s Explanatory Notes or in the excellent notes prepared by the House of Lords Library, for which I am grateful. I am sure that we would all support such an amendment.

I conclude by adding my congratulations to my right honourable friend Sir Oliver, whose work is being carried forward today by my noble friend Lord Trenchard. I enthusiastically support the Bill because it recognises the work of heroic hounds such as Finn, and their heroic handlers like PC Wardell.

Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment etc.) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts

Wednesday 27th February 2019 Grand Committee

[Lord Trees (CB)]

My Lords, I thank the Minister for his explicit and clear explanation of these regulations. I have very little quibble with them, but just a few points. As he emphasised, a significant change is to require the holders of market authorisations to be registered in the UK. This will impose a small burden. About £100 was estimated in the Explanatory Memorandum, which seems extremely reasonable and justified, because this measure is required to bring the market authorisation holders under UK legal jurisdiction. That is clearly extremely important to protect animal health and public safety.

The monitoring of residues, to which the Minister referred, is extremely important. As he mentioned, it is devolved. Can he tell us which processes are, or will be, in place between the devolved authorities in the UK to ensure that we maintain consistent levels and standards, so as not unduly to interfere with internal trade within the UK? I was going to ask the Minister about the concerns raised by your Lordships’ Secondary Legislation Scrutiny Committee in relation to the lowering of standards, but I accept his assurance that those concerns are unfounded.

Finally, I make a plea to the Minister, which I am sure he will fully understand. These regulations will significantly increase workload for the regulatory departments in our pharmaceutical companies, which form an important industry in the UK. I ask him to ensure that at least some degree of understanding and flexibility applies to the government agencies responsible for interacting with those companies. All in all, however, this is a very satisfactory SI.

[Baroness McIntosh of Pickering (Con)]

I congratulate my noble friend the Minister on introducing this SI. I am not a vet but an associate fellow of the British Veterinary Association, and I am grateful for the briefing it has given me for today’s purposes. I want to press the Minister on the question of the potential cost. Historic and current approvals will obviously remain in place, but can he put my mind at rest on what the future cost will be? Can he also assure the Committee that the SI before us this afternoon will not potentially raise a barrier to trade?

In particular, I understand that the previous harmonisation and mutual recognition of products will not necessarily go forward. It is good that we are being nice about products coming this way, but will the Minister ensure that those going the other way will be equally assured? I understand that reciprocity will not be guaranteed in the event of no deal. I do not disapprove of the SI; I understand the absolute need for it, and welcome it. But what is happening to ensure reciprocity going forward?

Can my noble friend also give a hint to the Committee—this could be in the SI; I might have missed it—of what the cost would be of placing a veterinary product from the UK across the EU? That would be most helpful to know, as I understand that there will potentially be additional costs going forward. Could this lead to some companies, which might otherwise have chosen to establish themselves in the UK, choosing not to do so? This is one of the concerns that was expressed by the Secondary Legislation Scrutiny Committee Sub-Committee A, as it could mean a reduction in the number of veterinary medicines being available after exit. I assume this is something that the SI deals with. There are two sides to the coin. One is that a new product is going to cost more to be placed in another EU member state, or potentially an EEA country, even in spite of this. The flip side is that a company that may have wished to place itself in the UK may have second thoughts about doing so. Will this cover the situation if there is no deal, as the statutory instrument before us will presumably replace what would have been a transition period?

--- Later in debate ---

[Baroness Masham of Ilton]

I had 2019.

[Baroness McIntosh of Pickering]

They are all 2019.

[Lord Deben (Con)]

Just to make it easy.

Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts

Wednesday 27th February 2019 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome these two sets of regulations, one of which is clearly more substantive than the other. I would note that the value of exports of animals and animal products is currently running at £6.7 billion, so this is not an insignificant trade. I have some questions for my noble friend.

Concern has been expressed by the British Veterinary Association and others—this is also mentioned by Sub-Committee B of the House of Lords Secondary Legislation Scrutiny Committee—that there could be a hurdle. My first question is this: if we pass this statutory instrument today, will it take immediate effect, thus ensuring that there will not be any form of hiccup? I have read that it could take six months for Britain to be listed as a third country. Does this statutory instrument prevent any hiatus occurring? I hope that my noble friend can reassure the Committee today that our exports will continue. It has been put in terms that the UK may not be permitted to make the application to become a third country until after 11 pm on 29 March—if that deadline is upheld. The briefing from the BVA goes on to state that the process can take several months, while according to the National Farmers’ Union, Defra itself has indicated that the process could take up to six months. It would be reassuring to know that that is not the case.

My noble friend will be aware of my concern especially about racehorses. He mentioned that the statutory instruments before the Committee relate to imports. That begs the question: what is the position as regards exports? We have the tripartite agreement which relates to racehorses, presumably covering racing, breeding and so on. What is the position as regards exports under this instrument? Are we going to have a separate SI to cover that aspect, or have I missed something here? Can my noble friend assure me that our racehorses will be able to go to Ireland and France to compete in races on 30 March and beyond?

I turn to passports for pets. What reciprocal arrangements are in place? Again, my noble friend has reassured the Committee adequately on the position of dogs and other animals coming into this country, but if someone wishes to take their pet to an EU country on 30 March, will that still be the case? Where are we as regards reciprocal arrangements for pet passports?

I would like to put down a marker. I know that my noble friend and the department are coming under great pressure to ban the trade in live animals. I would like to be first out of the stalls—to use a racing analogy—that we do not want to see an end to the trade in live animals. I presume that these two statutory instruments should put my mind at rest in that regard.

In introducing the two sets of regulations, in particular as regards the plethora of regulations that they are amending, my noble friend has said that we want to ensure the safety of food and animal products coming into this country. What progress has been made on our remaining within the European Food Safety Authority and signing up to the rapid alert system for food and feed scheme? My noble friend will be aware of my interest since I followed the “horsegate” scenario in 2013 very closely. Obviously, we want to make sure that there is no possibility of that arising again after March this year.

With those comments, I thank my noble friend once again for introducing these two important sets of regulations.

[Lord Rooker (Lab)]

My Lords, I had not intended to visit the Grand Committee on these SIs today because, as the Minister said, there are no major policy changes. I declare an interest—it is not an interest, really—because I am a member of sifting committee B, helping the world go by with statutory instruments.

We published a brief note on these two SIs in our 15th report and I wish to raise a couple of points which I did not know about until earlier this morning. It is not without significance that the medicine SI we debated earlier and this SI started life as negative instruments from Defra, which did not want them debated. That was the view and that is what it is all about. These two SIs were upgraded following the sifting process.

Defra has about 10% of the instruments we have seen and recommended for sifting. It has agreed all the recommendations—I am not complaining about that—but I wish to address a point which was raised with me this morning by Friends of the Earth. While I have been sitting in the Room, I have realised that exchanges have taken place between Defra and Secondary Legislation Scrutiny Committee officials. I want to put on record that Friends of the Earth have sent a note about several matters, including incoherent amendments and drafting errors.

In relation to the Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019, the Friends of the Earth note states:

“Regulation 50 … amends the Commission Regulation 2018/659. Regulation 50(13) of the 2019 Regulations omits Article 12(2) of the 2018 Commission Regulation which requires that when checks on live horses coming into the UK return inconclusive, they should be subject to a definitive testing for African Horse Sickness and a list of other diseases listed in Article 11(1) which is retained”.


To cut a long story short, Article 12(2) is omitted and not replaced and there is no mention of it in the Explanatory Memorandum. Is this the case?

While the lawyers from Defra were not available earlier today, I understand that the policy lead believes it has fully copied across into the SI the provision from the EU regulation that requires that when checks on live horses coming into the UK return inconclusive they need to be retested. That is the point I want the Minister put on the record. There should be no weakening of testing arrangements, but if Defra has not copied across something then it will be somewhere else. I found this enormously complicated instrument as I tried to go through the aspects raised by Friends of the Earth.

I shall not go through the details of what Friends of the Earth has said—I am quite happy—and I presume it has sent a copy of the note to the Minister. However, there are references to changes in regulations which do not exist. Regulations 7, 26 and 32 all refer to amendments and points which do not exist; they modify something which does not exist. I am quite happy to leave the note for the Minister and his officials. I do not want to go over issues that would not be suitable here.

The central issue is that some people have looked at this and thought, “Hang on a minute, we have not fully copied across but policy lead thinks we have”. I thought it worth while to raise the point because, if it gets out there, you cannot pull it back if it is wrong. If it can be satisfactorily dealt with here, it would be for everyone’s convenience.

Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts

Wednesday 20th February 2019 Grand Committee

[Lord Adonis (Lab)]

My Lords, we are expected to consider these statutory instruments in Grand Committee this afternoon about no deal, but imminently the Chamber will consider another string of statutory instruments regarding no deal at the same time. Incapable as I am of being in two places at once, I want to put on record that I think that situation is totally unacceptable. The more important business is of course in the Chamber, because it can actually approve the regulations rather than simply debating them. I think this is now the fourth time that this has happened. Last time, I made representations to the Government Chief Whip and the Opposition Chief Whip, but clearly those representations have not been effective—otherwise we would not be in this situation again today.

I do not intend to take any further part in the Grand Committee this afternoon, because I need to be in the Chamber, but I intend to speak on these regulations when they come to the Chamber, not least because there is very sparse attendance in the Grand Committee this afternoon, and I think other noble Lords would have wished to be here if they did not have to attend to their duties in the Chamber. I regard this debate as essentially unreasonable, in that it has been scheduled alongside the debates taking place in the Chamber. I do not think they will be able to substitute for the debate in the Chamber because they are happening at the same time.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend for bringing this statutory instrument forward. He will be pleased to know that I do not oppose it; I just have a couple of questions. I remind the Committee that I chaired the Environment, Food and Rural Affairs Select Committee next door for one term of five years.

My noble friend set out very clearly the importance of aquatic health to the whole of the island of Ireland. My question goes to the heart of this. I presume this is a no-deal statutory instrument; is that correct, or is it something that will continue in the event of a deal? I read with great interest of the trade deal that has been made with the Faroe Islands. I have visited those islands. I am very proud of my Danish heritage and that the Faroe Islands used to be a part of Denmark. I was intrigued to see that the United Kingdom is selling £6 million-worth of goods to the Faroe Islands, but importing £200 million of goods from them, most of which is fish, particularly shellfish. I understand that a lot of this is crabs. Will this pose a problem for Northern Ireland? Specifically, is the MSC the body that will continue to check all imports from what will effectively be third countries, including other European Union countries—the remaining 27 members of the European Union—at the point of entry? I should know the answer to this, but making the analogy with the Food Standards Agency in England, I want to ask what the relevant body will be and whether my noble friend shares my concern about ensuring that we maintain the excellent aquatic health that Northern Ireland currently has.

In paragraph 7.5 on page 5 of the Explanatory Memorandum—I think this is repeated in the next statutory instrument as well—I was delighted to see that the Government have very wisely chosen to maintain the equivalent or higher standards set by the World Organisation for Animal Health; I will not say it in French, even though I am quite proud of my French accent. I hope that is something that the Government intend to do going forward; I am sure we will discuss this. I am sure my noble friend agrees that it is absolutely vital that we maintain regulations regarding aquatic health in the EU. This is relevant because these will be third-country imports from the date of our leaving, if we leave with no deal.

[Lord Teverson (LD)]

My Lords, it is always with some sadness that we deal with a Northern Ireland issue, a part of this country that voted remain quite decisively yet is completely unrepresented in the other place. In fact, it is represented by a very extreme party of Brexit. However, we are where we are.

I say to the noble Baroness, Lady McIntosh, that in my Select Committee this morning we looked at the Faroe Isles FTA and have brought it to the special attention of the House. It would be quite useful to debate it on the Floor of the House, even though it is only our 144th trading partner worldwide.

Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts

Wednesday 20th February 2019 Grand Committee

[Lord Trees (CB)]

My Lords, I am grateful to the Minister for his clear exposition. Notwithstanding his assurances, I would like to seek further assurance on two points. First, will this instrument adequately maintain the biosecurity of the UK horse population, particularly regarding African horse sickness and the movement of horses into the UK? My second point was touched on by the noble Baroness, Lady Byford. In view of the fact that the welfare of horses in the UK might be hindered by the difficulty and costs of enabling humane slaughter of unwanted horses, can the Minister assure us that this SI places no additional impediment on the humane slaughter of horses in approved equine abattoirs, which in some cases might be abroad?

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome the statutory instrument’s purpose and I thank my noble friend for introducing it. We should not take equine health for granted, given the latest incident of equine flu and the devastating effect it could have on the racing community. I should declare that I am a member of the APPG on racing, and I live on what was a stud farm in North Yorkshire.

What is the relationship between the statutory instrument and the tripartite agreement? When the tripartite agreement was created it was outwith the European Union. It obviously continues to function extremely well and it is slightly confusing that it should have been brought in the EU’s remit when it refers only to horses travelling between the UK, Ireland and France. I know there is great concern that this agreement should continue. I hope the statutory instrument will allow that—it could be one of its benefits—but given that we now have almost less than a month to go, what will the status of the tripartite agreement be and what is the specific relationship between the statutory instrument and that agreement?

Most of the reasons why horses and ponies travel are for racing, breeding and the purposes of riding but, as my noble friend Lady Byford pointed out, there is quite a thriving trade on the continent for edible horsemeat. I confess that I did so once as a student in Denmark, when a trick was played on me and I did not quite realise what I was eating. Having grown up with a little pony, I was absolutely devastated afterwards. There was a sinister development in, I think, 2012 with the horsegate scandal. It showed that there is the potential for, or has been, an animal health issue almost every 10 years: we had BSE in the early 1990s, foot and mouth in the early 2000s, and then what was thankfully only a passing off, not a human or animal health food scandal. But it was totally unacceptable that we never really got to the bottom of the chain. The Select Committee that I chaired tried to invite witnesses who could have proved beyond doubt that there were Irish connections involved, which we were unable to do because we could not subpoena witnesses from outside the United Kingdom.

This is an extremely important instrument for biosecurity, animal health and potentially passing off. I hope my noble friend will put my mind at rest that that is its basis. I have a Question coming up next month, so I will have the opportunity to pursue that further.

My noble friend Lady Byford mentioned the Explanatory Memorandum, in which paragraph 3.2 on page 2 refers to the Lords sifting committee recommendation that this instrument should use the affirmative procedure. It also mentions the “potential costs”. In the disclaimer—for want of a better word—at the end, it is recorded as saying that,

“the total cost … falls below the £5 million”,

but the committee must have been concerned. Will the Minister repeat the actual cost for the benefit of the Committee this afternoon? It is obviously below £5 million, but I will be interested to know what the actual cost will be. I welcome that the department, through this instrument, will continue to allow free movement with a minimum of disruption. That begs the question of potential checks in the event of no deal at ports of entry to the continent. I hope that can be resolved by carrying over the tripartite agreement. If it was initially outwith the European Union, I see no reason why we cannot reach an agreement between the UK, Ireland and France that it should continue.

[Baroness Parminter (LD)]

My Lords, I too thank the Minister and his officials for the helpful way in which they have outlined the impact of this statutory instrument and answered questions from those of us who brought them to their attention. I am particularly glad that we can reassure the general public. I feel that very few of them will read the statutory instrument, but it makes it clear that the status quo will be maintained with regard to equine passports. We do not want horse owners thinking that there will be changes in when they need to get their horses identified or in the status for selling feral ponies because although the SI removes those requirements, they are found elsewhere in domestic legislation. If you read the SI, you would not know that, but it was very reassuring to hear from the Minister that the status quo is maintained with regard to equine passports.

I add my voice to the voices of those who raised the issue of horsemeat entering the food chain. I understand from officials that the regulations with regard to the waiting time before that meat can enter the food chain are carried over in their entirety. Going on from what the noble Baroness, Lady Byford, said, it is not just horses going abroad. Horses are slaughtered in the UK. We have four registered slaughterhouses in the UK. I was amazed to find out that 2,800 animals a year are slaughtered in the UK for the food chain.

I do not oppose this statutory instrument but it highlights a number of concerns about what will happen to the trade in and moving of horses if there is no deal. As the noble Baroness, Lady McIntosh, said, this mainly concerns racing, competition and breeding, but individual horse owners take their horses to the continent, including younger people who might go to train to be great jockeys in the future, which would be fantastic. It is estimated that 42,000 such journeys are made every year, so if there is no deal, the impact will be great.

I have one question for the Minister. As the noble Baroness, Lady McIntosh, has noted, the Government’s technical note makes clear that the UK will need to be listed as a third country by 29 March. If we are not listed, we cannot move horses to Europe. Can the Minister confirm whether I am correct that if we are not listed by the EU as a third-party country, no horses will be able to move? That would have an incredibly big impact. The noble Baroness, Lady McIntosh, said that the impact assessment, such as it is, refers only to the impact of this tiny SI, which is less than £5 million, but if there is no deal and horses cannot move, that will have a massive impact on the industry and on individual horse owners. Have the Government made any estimation of the cost of that devastating outcome?

The second area I want to touch on is that if there is no deal but we are listed, there will be a need for the new ID document, as the Minister rightly identified. As he said, this should be for non-industry equines only. However, having listened to the debate in the Commons, it seems that there is the possibility that the Commission may not recognise our stud books; that is my understanding of the Commons debate. I would be interested to know whether there is a possibility of the Commission not recognising our stud books. In that case, all equines, including industry equines, would be required to have ID documentation. I know that the Minister has made it clear that the documentation, both the export certificate and the ID documentation, would be available at a minimal cost, but they will require extra blood tests which cost hundreds of pounds. As the noble Lord, Lord Trees, mentioned in the debate on an earlier SI, this will require vets. However, if we do not get a deal, we will not have the 50% of our vets who come from other parts of Europe. We could be under real pressure in terms of the number of vets we have. Again, that would put an extra burden on horse owners and it is possible that the industry might have to wait longer to enable the veterinary profession to undertake these extra requirements. All of that comes on top of the extra border inspections which may be required at ports. I believe that most horse owners are very caring and considerate; they do not want to see their horses stuck at borders, which would be the result of no deal.

This SI points to the fact that, at the very minimum, there will be extra costs, extra administrative requirements and undoubtedly extra time for horse owners if we have no deal. If we have no deal and we do not get listed as a third party, there will be no movement at all, which will have a massive impact. This is another statutory instrument which demonstrates the huge loss that this country will bear if we leave the European Union on 29 March.

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

Baroness McIntosh of Pickering Excerpts

Wednesday 20th February 2019 Grand Committee

[Lord Trees (CB)]

My Lords, again I thank the Minister for his very clear and extensive exposition. I have one or two queries regarding the animals legislative functions regulations, particularly concerning regulation EC 999/2001, which concerns the prevention, control and eradication of transmissible spongiform encephalopathies—TSEs. Certain substitutions have been made under article 4—“Safeguard Measures”—on which I seek the Minister’s assurance. Specifically, in article 6, the appropriate authority is given any power to disapply the requirement for the annual monitoring programme under certain circumstances—a monitoring programme is required under current EU regulations—and in article 7, the appropriate authority can prescribe tolerated levels of “insignificant” amounts of animal protein in feeding stuffs.

Without seeing the original material, these sound a little concerning. Can the Minister assure us that they do not represent departures from the original legislation and would not leave us unaligned with current EU 27 regulations? That might create a prejudice against our livestock exports.

[Baroness McIntosh of Pickering (Con)]

My Lords, these regulations are very technical and I congratulate my noble friend on moving them. I have a question that relates solely to the Animals (Legislative Functions) (EU Exit) Regulations 2019, in particular to paragraph 7.9 on page 4 of the Explanatory Memorandum covering Regulation 9. This is the animal slaughter regulation which will transfer, as my noble friend has explained, the legislative functions from regulation EC 1007/ 2009. I notice that we are transferring the power specifically and allowing Defra, presumably, to,

“define the maximum numbers of poultry, hares and rabbits to be processed by low throughput slaughterhouses; and publish guidance”.

What is the average throughput of these animals at the moment? Is my noble friend minded to specify other categories as well?

Perhaps the Committee will permit me to make a general comment. I was in the European Parliament as a directly elected Member when we passed the original abattoir directive, as I think it was known. I argue that it was not the fault of MEPs that we applied that very restrictively in the UK. That led to a number of slaughterhouses closing. A point of principle has been established—I am sure my noble friend is wedded to it, as am I—that animals for human consumption should be slaughtered as close to the point of production as possible, yet we now find ourselves in a situation where we have a greatly reduced number of slaughterhouses. I had the privilege of representing two different areas, but for 18 years I represented next door to the joint largest livestock production area in the north of England. I believe that animals being transported further, because of the reduced number of slaughterhouses, was a factor in the foot and mouth disease epidemic. I hope that my noble friend will take this opportunity to say that we will draw the line and that we have no intention of reducing the number of slaughterhouses through this or any other regulation.

[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.

Brexit: Food Imports

Baroness McIntosh of Pickering Excerpts

Thursday 7th February 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, we have been working closely with the Food Standards Agency on all these matters. Careful consideration has been done with the APHA, the Food Standards Agency and HMRC precisely to ascertain whether the ports and their health authorities have the appropriate facilities to accommodate the 6,000 additional checks that we think would be required because of those transit goods, but—

[Baroness McIntosh of Pickering (Con)]

My Lords—

[Lord Gardiner of Kimble]

I had better stop now.

[Baroness McIntosh of Pickering]

My Lords, I apologise. Will my noble friend satisfy those of us in this place and food inspectors that the regulations required to be in place will be passed before 29 March? What is the timetable for bringing them forward?

[Lord Gardiner of Kimble]

My Lords, obviously, we need to be ready in this case for transit goods— which I take it is the subject of the Question—and the 6,000 additional checks. Imports will have to be pre-notified. Work is well advanced with importers and agents. It is clear that those items that would not be inspected within the EU must be inspected and checked at UK points of entry. That is precisely what we have been working on and the Border Delivery Group has insisted on it.

Floods and Water (Amendment etc.) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts

Tuesday 22nd January 2019 Lords Chamber

Having taken your Lordships through each element of the regulations, I hope that you will understand why I want to emphasise that they are about fixing technical deficiencies in the floods and water legislation to ensure that it continues to operate effectively. I emphasise again that this instrument does not introduce new policy and preserves the current regime for protecting and improving the water environment. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend for introducing so eloquently and thoroughly the statutory instrument before us. Probably the most relevant of my interests is that I work with the Water Industry Commission for Scotland, which is the Scottish water regulator. I have a number of questions that I would be grateful if my noble friend could address in summing up.

Article 20 of the water framework directive says that any change to standards, values, substantive lists and best environment practice should be made only in light of technical and scientific progress. While we have been members of the European Union, we have benefited from scientific and technical expertise being subject to control and review to make sure that we comply with the water framework directive, which was the mother of all directives, with daughter directives under it—I should declare an interest also in that I was an MEP when the nitrates directive was passed, and I do not think that anyone imagined that setting the level of nitrates in water in the way that we did would be quite so prohibitive in areas such as East Anglia, where nitrates already exist in high levels. What will be the procedure if such changes are made, and how will they be tested against the best scientific and technical advice? I share the concern expressed in our debate on the previous statutory instrument that we have not had the environment Bill setting up the office for environmental protection. There is further concern that it will not come into effect until 2020.

I therefore have two concerns. First, what scientific and technical expertise will be in place to make sure that any changes are monitored against the best possible scientific advice? I refer back to the terrible reputation we had in the 1980s as the sick man or dirty man of Europe. We all have to accept that not just water companies but all of us, as water customers, have paid huge amounts to actually have some of the cleanest rivers and bathing waters in Europe. Obviously, we do not want to jeopardise that.

My noble friend may have addressed my second concern, which relates to Regulation 14, which he said has had cross-border agreement—certainly, the provision relating to the Northumbria river basin has been agreed by the Scottish Government. But it has been put to me that, by doing what the statutory instrument seeks to do, it is reducing the level of compliance with the water framework directive, and I would like to be satisfied that that is not the case. I want to make sure that we are not reducing the level of compliance in relation to the Solway Tweed river basin and the Northumbria river basin. I should declare another interest in that I think I might be a customer of Northumbrian Water during my holidays. Obviously, we want to get that right.

I welcome the specific reporting requirements, which the Minister set out, in relation to the results and grading of assessments and description of measures taken or proposed to be taken. These relate to Regulation 7(3), which amends the urban waste water treatment regulations 1994, Regulation 15, which amends the Bathing Water Regulations in respect of annual reports, and Regulation 16, which amends the Nitrate Pollution Prevention Regulations 2015. So some very good reporting systems are being made public. However, although these reports are being made public, the draft statutory instrument makes no provision for these reports to be reviewed if any failures emerge from them. Such failures would currently be addressed by the European Commission. My question is: what body will deal with any future potential failures? If the reports are made public, would it be a scrutiny committee such as that chaired by the noble Lord, Lord Teverson? What mechanism will there be to make sure that these are reviewed?

An example that might be helpful to the House and to the Minister is that, if the UK can grant derogations under the directives, as we can, the statutory instrument provides that these can be decided and granted by the Secretary of State. Currently, these decisions are also reviewed by the Commission to determine whether they are valid derogations and meet the requirements of derogations. The statutory instrument is silent as to what the review of derogations will be in future. I would like to have the satisfaction of knowing that there is going to be a review in place and what that review will be.

My final concern relates to a comment that the Minister made. He will be aware of my concern, because I have raised it before, that there is no requirement on the Government to transpose future European directives after exit day. We understood—I think it was when the European Union (Withdrawal) Act was going through its scrutiny before it was enacted—that it is open to the Government to apply, for example, any future modifications or revisions to the water framework directive, the urban waste water directive, the nitrates directive or any of the daughter directives of the water framework directive. I would like confirmation that the Government remain open to that, and that we would wish to meet the highest possible standards—provided that the cost is not prohibitive obviously, because we are all water customers as well. If that is the case, what mechanism will the Government seek to use to implement future revisions of the directives which are the subject of the statutory instrument before us today? What would that instrument be?

[Baroness Parminter (LD)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady McIntosh of Pickering; I echo, but shall not repeat, all her comments. I have two further supplementary questions that I hope the Minister might address in his summing up.

First, in the previous statutory instrument the Minister was able to outline to the House an indication of some of the bodies which will be replicating some of the scientific expertise and processes which are at present undertaken by the European Union. That was extremely helpful, and I hope that he might be able to do that for this incredibly important SI as well, given the implications not just for environmental protection but for human health.

My second point follows on from the comments about who will monitor the delivery of the regulations. There is a change from the original EU regulation. In the original, the EU stipulates the format in which people have to report to the Commission, whereas in the regulation that has just been transposed into domestic regulation for us to approve, it is only up to the Secretary of State to indicate what he or she deems appropriate forms of reporting. This arguably leads to the charge that, by not stipulating the format for reporting, it could lead to a less effective means of monitoring the regulations, which I am sure none of us wants. I hope the Minister responds to that point.