Plant Health etc. (Fees) (England) (Amendment) Regulations 2021

Baroness Ritchie of Downpatrick Excerpts

Thursday 15th April 2021 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Redfern. I thank the Minister for his explanation of the regulations. I have some questions for him regarding the operational nature of the regulations and the cost implications.

I fully concur with the Minister and the noble Baroness, Lady Redfern, that plant health and biosecurity are vital, irrespective of our constitutional position and Brexit. I note that the regulations will be phased in alongside other requirements, such as the requirement for importers to have a phytosanitary certificate. What is the timeframe for that phasing-in? Have assessments taken place regarding the operational nature of the regulations during this phasing-in period and, if so, what has been the result of such assessments?

I understand that only high priority plants and products from EU member states, Switzerland and Liechtenstein will be subject to these new requirements initially. I was going to ask the Minister what high priority plants are, but he has already told us that they are plants for planting. Are these all types or plants, or specific plants? How are they defined and will only these categories be subject to the new requirements?

With these regulations, the Government will be enabled to charge fees for plant health checks on imports from the aforementioned countries into England. Has charging already taken place in the intervening period, or will it happen only from 1 June 2021 in relation to the new factor of the post-transition period? What will be the actual cost to businesses and importers, and will there be any financial assistance from central government to mitigate the costs?

I, like other noble Lords, have been contacted by the Agricultural Industries Confederation, which stresses that the new non-tariff barriers and fees will have consequences. It asserts that the ongoing effects of both of these will continue to impact the seed industry, and could reduce choice for growers and increase the cost to consumers. As the implementation of the trade and co-operation agreement continues, the AIC urges the UK and EU to work together to balance the priorities of removing non-tariff barriers where possible, while minimising biosecurity and plant health risks. What reassurances can the Minister give in this regard? What will be the impact on importers? Has there been any assessment of how they will bear those costs, particularly during the pandemic period?

These regulations do not apply to Northern Ireland, because Northern Ireland will be covered by the protocol. But, as an aside to this particular issue, can the Minister provide any update that allows for easier ways to implement phytosanitary veterinary checks with respect to Northern Ireland? I note that the noble Lord, Lord Frost, is meeting his EU counterpart today.

An issue that was raised by the House of Lords Secondary Legislation Scrutiny Committee was the lack of an impact assessment. Perhaps the Minister could comment on the reasons for that. The committee was concerned about the potential impact of new additional costs on businesses and importers, and why this had not been considered worthy of assessment. The committee again raised the issue of costs.

These are some of the issues that I wanted to raise, but I believe and strongly contend that plant health and biosecurity are vital to the local agricultural and horticultural industry.