Environment, Food and Rural Affairs

George Eustice Excerpts
Tuesday 5th November 2019

(4 years, 7 months ago)

Ministerial Corrections
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The following is an extract from the debate on the draft Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 on 21 October 2019.
George Eustice Portrait George Eustice
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We allow eggs to be imported only if they meet our marketing standard, which is currently an EU marketing standard. If in future a third country were to meet that standard, which is set out separately in law, there would need to be a body that attests to the fact. That is a power that the Secretary of State must have in future, as the EU will no longer be able to do that for us.

[Official Report, Second Delegated Legislation Committee, 21 October 2019, c. 10.]

Letter of correction from the Minister of State, Department for Environment, Food and Rural Affairs, the hon. Member for Camborne and Redruth (George Eustice):

Errors have been identified in my response to the debate.

The correct remarks should have been:

George Eustice Portrait George Eustice
- Hansard - -

We allow eggs that do not meet standards equivalent to EU marketing standards to be imported only if their packs are marked accordingly. If in future a third country were to meet a standard equivalent to the UK standard, which is set out separately in law, there would need to be an authority that attests to the fact. That is a power that the Secretary of State must have in future, as the EU will no longer be able to do that for us.

Renaissance of East Anglian Fisheries Study

George Eustice Excerpts
Tuesday 5th November 2019

(4 years, 7 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

George Eustice Portrait The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)
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We are all very privileged to be in the final Westminster Hall debate not only of this Session but of this Parliament, as we prepare for a general election. I congratulate my hon. Friend the Member for Waveney (Peter Aldous), with whom I have had many debates on these issues. He has been a champion for the inshore fleet, particularly around East Anglia. Of course, his constituency is also home to the Centre for Environment, Fisheries and Aquaculture Science, which is the national headquarters of our fisheries science agency and has a truly global reputation.

My hon. Friend was also with me on the Fisheries Bill Committee, which he mentioned, so he is familiar with our White Paper and our approach in the Bill. Sadly, that Bill has now fallen with the end of this Parliament. However, I believe that the principles we debated in Committee will be as relevant as ever when Parliament returns and when we leave the European Union. That is why the Government are committed to bringing back a fisheries Bill.

In the original Bill, we set out a number of important approaches. Clause 1 set out a whole series of fisheries objectives, including objectives for fishing sustainably and towards maximum sustainable yield. It was also very clear that we would take control of our exclusive economic zone, which means controlling access out to 200 nautical miles or the median line.

There were also ideas to improve the way in which the discard ban works. For example, a discard disincentive scheme would create a national reserve that fishermen with out-of-quota stock could access, and they would have to pay a penalty so that there was no incentive for them to target vulnerable stocks. In addition, we would have made it easier for them to avoid their current problem of choke species. Our fisheries White Paper was also clear that we would depart from relative stability—the EU sharing arrangements—and move to a new and more scientific sharing arrangement, based on zonal attachment, to which my hon. Friend referred.

We have also been clear that as we depart from relative stability and transition to this new and more scientific approach, under which we will have additional catching opportunities, we will use a different methodology to allocate any new quota coming into the UK. Although we want to keep some stability in the short term by keeping the current fixed quota allocation units for existing quota, additional opportunities will be distributed using different criteria. We are interested in giving additional quota to the inshore fleet—the under-10 pool, as it is currently described. We may tender some quota to existing producer organisations, based on their track record of sustainability. We will also, as I have said, keep some of that quota back for a national reserve.

Into the mix of this quite exciting change for our fisheries policy comes the Renaissance of East Anglia Fisheries initiative. As my hon. Friend said, there are many groups involved, including the local authority, Seafish and a number of local groups. I commend the work he has done in holding the ring and organising many events to promote its objectives. Indeed, I was very pleased to be able to attend the launch of the report.

The historic reason why relative stability does not work for many of our coastal communities, in particular those around East Anglia, is broadly as follows. During the 1950s, 1960s and 1970s, most of our fishing fleet were catching cod in Icelandic waters, we were fishing less in our own waters, and other countries—mainly near neighbours in Europe—were fishing in those UK waters. It was very unlucky for us, in the way that sometimes happens to our country, that just as we were driven out of our Icelandic fishing grounds, where we had historic rights—we were driven right out to 200 nautical miles, following our defeat in the third cod war—we had already given the European Union control of our waters. The sharing arrangements were therefore set in concrete. To compound matters, the catch data that some of our smaller vessels had was not as comprehensive and detailed as the data that other EU countries purported to have. That created an unfairness in the sharing methodology, which, as my hon. Friend pointed out, has continued to this day.

I turn now to the points raised by my hon. Friend and the report. I have to say that he had many asks, but I will try to deal with as many of them as possible. First, there was a proposal to close the inshore pool and to have instead a system based on effort or hours at sea. As my hon. Friend knows, our White Paper was clear that we want to pilot such a system. When it comes to the inshore fleet, there is a case to be made that sometimes an effort-based regime is more appropriate for those smaller inshore vessels, because they have a small amount of quota for a large range of stocks, and a quota system does not work that well for them. There are, however, drawbacks to an effort-based system. A pilot in Ramsgate about seven years ago was not particularly successful, so we need to learn the lessons. Nevertheless, I am open to doing it. A quota system will always be the right approach for larger trawlers and offshore vessels, because an effort-based regime is not the correct approach when it comes to pelagic fish, which have very large stocks.

Secondly, my hon. Friend asked that we require offshore vessels to land their catch in the UK and to restrict their fishing within the 12 nautical miles. He will be aware that we have given notice to quit the London fisheries convention. That expired in July. Therefore, when we leave the European Union, the historic access rights that some foreign vessels have had to fish within the six to 12-mile zone will expire. It is our intention that the 0 to 12-mile zone—our territorial waters—will be predominantly reserved for British vessels, and we will seek to restrict the access of foreign vessels to those waters.

We are also reviewing the economic link. That could include requiring vessels to land a greater proportion of their catch in the UK, so that what they catch is of benefit to communities such as those in my hon. Friend’s constituency. We must, however, take into account certain considerations when adopting such an approach. Last year I visited the Faroes, which required 100% of catch to be landed in the Faroes. However, their fishermen complained that that meant that they were, in effect, captured by processors and did not have other market alternatives. There are, therefore, reasons for allowing some catch to be landed outside the UK, but we are seeking to strengthen the economic link.

A number of the other issues raised by my hon. Friend relate to funding. We will replace the European maritime and fisheries fund. We have also announced a new domestic maritime fund, precisely to support fish processing and harbour and port facilities to help projects such as that under discussion.

The report proposes that the inshore fisheries and conservation authorities and the Marine Management Organisation should be combined into a single force. There is a reason why IFCAs were created. Previously they did not have an enforcement role; they had a management role and the MMO did all the enforcement. There was criticism that individual localities did not get the attention that they felt they deserved, and that is why IFCAs were given an enforcement role. Nevertheless, my hon. Friend is right that there is a case for joining up more closely the efforts of the IFCAs and the MMO. That is why we formed the Joint Maritime Operations Coordination Centre, where everybody—from the coastguard to the MMO and IFCAs—can work together to co-ordinate their assets in a single approach to the issue of enforcement.

Finally, my hon. Friend says that we should manage stocks as a mixed fishery and implement more effective controls for fishing mortality. CEFAS, which is based in Lowestoft, has done a lot of groundbreaking work. Our chief fisheries scientist, Carl O’Brien, has been a leading light in developing some of the methodologies for mixed fisheries analysis, and this is something that the UK is keen to pursue.

In conclusion, I welcome the REAF report and commend my hon. Friend for his work. As for where we go from here, I stand ready to work with him in the future, should we both be returned to this place, to further develop the thinking. When it comes to administrative support for the project, I know that Seafish has been involved and I think it would also be good to engage the local enterprise partnership in the process, to help to support bids. The time will come, however, when REAF will, I presume, want to turn its ideas into a grant bid to one of our maritime funds—either an existing fund or a future one—and at that point my Department and the MMO would stand ready to assess that application. My hon. Friend will be fully aware that I cannot give any cast-iron guarantees that it will get support, but I can guarantee that it will be given full consideration. I thank my hon. Friend again for his work and I commend him for the points he raised.

Mark Pritchard Portrait Mark Pritchard (in the Chair)
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Before I adjourn this sitting, I would like to thank, I am sure on behalf of all colleagues, the Clerks, the attendants and the security officers outside, the sound and broadcasting staff, who of course are never seen but do an excellent job every time we sit in Westminster Hall, and the Hansard staff for their excellent coverage of our debates. Indeed, I thank all the staff of the House in what has been a very short parliamentary Session following one of the longest parliamentary Sessions in the last 450 years of our history. I thank you all.

I can now say, for the last time in this Parliament, that the sitting stands adjourned.

Environment, Food and Rural Affairs

George Eustice Excerpts
Monday 4th November 2019

(4 years, 7 months ago)

Ministerial Corrections
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The following is an extract from the debate on the draft Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 on 7 October 2019.
George Eustice Portrait George Eustice
- Hansard - -

We have consulted extensively with the devolved Administrations on the instrument to ensure that the legislation that it amends continues to work while, obviously, respecting the devolution agreements. Most areas covered by the instrument are devolved, with powers transferring to the devolved Ministers. In many cases, the Secretary of State can act on behalf of the devolved Administrations should they give their consent. In one or two areas relating to enforcement, Wales has chosen to introduce its own statutory instruments, for example in relation to the administration of an apiculture—beekeeping—scheme and some of the design elements of a school milk scheme.

[Official Report, Twenty-fourth Delegated Legislation Committee, 8 October 2019, c. 3.]

Letter of correction from the Minister of State, Department for Environment, Food and Rural Affairs, the hon. Member for Camborne and Redruth (George Eustice):

Errors have been identified in my opening speech.

The correct remarks should have been:

George Eustice Portrait George Eustice
- Hansard - -

We have consulted extensively with the devolved Administrations on the instrument to ensure that the legislation that it amends continues to work while, obviously, respecting the devolution agreements. Most areas covered by the instrument are devolved, with powers transferring to the devolved Ministers. In many cases, the Secretary of State can act on behalf of the devolved Administrations should they give their consent. In one or two areas, Wales has chosen not to have such a mechanism in the legislation, for example in relation to the administration of an apiculture—beekeeping—scheme and legislative powers concerning some of the design elements of a school milk scheme.

Oral Answers to Questions

George Eustice Excerpts
Thursday 31st October 2019

(4 years, 7 months ago)

Commons Chamber
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Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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T2. May I first say, Mr Speaker, that I was one of the early adopters of Bercow for Speaker, as we called the campaign in 2009? Unfortunately, I am part of a much diminished band in that regard now. While I think we would all occasionally have found ourselves wondering in quiet moments just exactly what we had done, I am also confident in saying that at the end of the day none of us who backed you in 2009 have ever, as parliamentarians, regretted the decision that we took then. I thank you and your family for the service that you have given. The December Fisheries Council this year will be on the Monday and Tuesday following the general election. There is every indication that it is going to be a challenging negotiation, so what are the Minister and his officials doing now to ensure that the voices of our fishing industries are heard and properly represented at that Council?

George Eustice Portrait The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)
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I thought for a moment that for the first time in six years we might not get on to fisheries and agriculture at DEFRA orals. May I take this opportunity, Mr Speaker, along with others, to thank you for your chairmanship and stewardship of these occasions and wish you well for the future? May I also record a tribute to Reverend Rose, who is also leaving us? She not only presided over my marriage in St Mary Undercroft but baptised my daughter. Many Members have benefited from her pastoral support and advice.

I had a meeting with officials yesterday to discuss the issue of cod and the EU-Norway negotiations. Those negotiations will take place during November. I remain Fisheries Minister during the election period and will continue to monitor events. The right hon. Gentleman is right that the December Fisheries Council that formally adopts these proposals will be about three days after the general election. I hope still to be in place and to go there, but if I am not, I am sure that whoever my successor is will have a steep and enjoyable learning curve in coming to terms with the complexities of the December negotiations.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
- Hansard - - - Excerpts

T4. Mr Speaker, may I also thank you for your many hours and years of dedication in the Chair? But there is one issue that still has to be resolved, which is the harassment of and threats to female colleagues. I was particularly concerned to hear that a female candidate has already received a death threat this week. Could you use your last few hours and days in this position to urgently look at what more we can do to ensure that everybody is kept safe at this election? No one should be discouraged from standing because of their sex, their race or any other reason.It is a great honour to be in this place. One of the things that I have most enjoyed doing is cajoling so many colleagues to take part in the “give up plastic for Lent” challenge, which opened our eyes to the fact that we need action by Government and across society to deal with the scourge of plastic waste. Does my right hon. Friend agree that the Environment Bill is a step change in how we deal with plastics and that one of the first actions of the next Conservative Government must be to bring the Bill back and get it through Parliament?

--- Later in debate ---
Patrick Grady Portrait Patrick Grady (Glasgow North) (SNP)
- Hansard - - - Excerpts

T5. Despite the Prime Minister’s bluster, we are not leaving the European Union today. If we were, his deal would mean that tomorrow Scotland’s fishing fleet would still be subject to the common fisheries policy, but with added red tape and bureaucracy to get its catch to market. Should Scotland’s fishermen not use the upcoming election to stop this dreadful Tory deal?

George Eustice Portrait George Eustice
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I completely disagree with the hon. Gentleman. The Scottish fishing industry wants to leave the CFP and take advantage of the sea of opportunity that we will have when we become an independent coastal state. It is his party that is standing against the interests of the Scottish fishing industry by wanting to remain in the European Union.

Andrew Jones Portrait Andrew Jones (Harrogate and Knaresborough) (Con)
- Hansard - - - Excerpts

T7. I am keen that the next generation are engaged with why climate change happens and what they can do to prevent its impact. Harrogate Borough Council is putting in place a scheme that gives every schoolchild in the borough the opportunity to plant a tree, which will be both fun and educational. Will the Minister encourage other authorities and bodies to offer that opportunity to every schoolchild in our country?

David Drew Portrait Dr David Drew (Stroud) (Lab/Co-op)
- Hansard - - - Excerpts

Mr Speaker, our careers have been somewhat in parallel. I had a slight interregnum in the middle of your speakership, but I am pleased to be here today, to top and tail it. We have remained good friends throughout.

The Government committed to keeping the current level of farm spending until the end of this Parliament, which will be in the next couple of days. The Labour party will commit to keep that level of spending and, indeed, even spending more under the new system, which will be expensive to introduce. Will the Government make that commitment?

George Eustice Portrait George Eustice
- Hansard - -

The hon. Gentleman is right; the Government are committed to keep spending exactly the same until the end of this Parliament. He will have to wait to see our manifesto to find out what will happen in the next Parliament, but I will simply say this. It is implicit in the Agriculture Bill that there will be a transition over a period of seven years, during which we will roll out the new policy, and we have already committed to fund the objectives of the Agriculture Bill.

Environment, Food and Rural Affairs

George Eustice Excerpts
Wednesday 30th October 2019

(4 years, 7 months ago)

Ministerial Corrections
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The following is an extract from the Second Delegated Legislation Committee on 28 October 2019:
George Eustice Portrait George Eustice
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There was discussion with the devolved Administrations earlier this year on exactly which matters were reserved and which devolved. These are the matters we have decided and agreed are reserved, which is why we made this instrument.

[Official Report, Second Delegated Legislation Committee, 28 October 2019, c. 6-7.]

Letter of correction from the Minister of State, Department for Environment, Food and Rural Affairs, the hon. Member for Camborne and Redruth (George Eustice):

An error has been identified in my closing remarks.

The correct wording should have been:

George Eustice Portrait George Eustice
- Hansard - -

There was discussion with the devolved Administrations earlier this year on exactly which matters were reserved and which devolved. These are the matters we have decided are reserved, which is why we made this instrument.

Agriculture and Fisheries Council, October 2019

George Eustice Excerpts
Tuesday 29th October 2019

(4 years, 7 months ago)

Written Statements
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George Eustice Portrait The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)
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Katrina Williams, Deputy Permanent Representative to the European Union, represented the UK at Agriculture and Fisheries Council in Luxembourg on 14 and 15 October.

The main item on fisheries policy was fixing the 2020 fishing opportunities in the Baltic sea. Member states agreed on the total allowable catches (TACs) and quotas for the 10 most commercially important fish stocks in the Baltic sea. The Council also agreed to supplement the existing partial general approach on the proposal for the next European Maritime and Fisheries Fund (EMFF) post-2020. Elements relating to the monitoring and evaluation of the EMFF were added to the Council’s mandate for its negotiations with the European Parliament.

Member states exchanged views on the EU position for the annual consultation with Norway on the framework of the bilateral fisheries agreement for 2020. The UK intervened in the debate, highlighting the importance of managing joint stocks with Norway in a sustainable way. The Council also exchanged views on the annual meeting of the International Commission for the Conservation of Atlantic Tunas (ICCAT), scheduled for 18 to 25 November 2019 in Palma de Mallorca, Spain.

On agriculture, member states discussed the progress report on the work relating to the post-2020 Common Agricultural Policy (CAP) reform package. During the debate, the French delegation presented a common paper on the CAP budget on behalf of a number of member states. Their proposal to maintain the CAP budget at the current EU27 level under the next Multiannual Financial Framework (MFF) received support from a number of delegations.

The Commission updated member states about the latest developments in the most important agricultural markets. Ministers welcomed the outlook in the main market segments, but expressed concerns about the difficulties in the sugar, olive and table olives, beef and rice sectors. In conjunction with the agenda item, the Italian delegation informed the Council on the damage caused by the Asian stink bug (Halyomorpha halys) to its fruit and vegetables sector.

Member states also discussed the potential effects of the recent announcement of the United States to impose additional duties on a list of EU agrifood products as a consequence of the airbus World Trade Organisation (WTO) judgement. The UK called for a united approach to achieve a negotiated settlement. Commissioner Hogan underscored the Commission’s commitment to protect EU food production and geographical indications (GIs), including through intervention and the promotion of aid if necessary.

On forestry, member states held an exchange of views on the Commission’s communication on stepping up EU action to protect and restore the world’s forests. Together with other members of the Amsterdam declaration partnership, the UK highlighted the need for action and outlined its own initiatives. The Council also held an exchange of views on the EU forest strategy post-2020 and was informed about a joint statement by various member states on sustainable forestry.

Further items were discussed under ‘any other business’:

The presidency briefed Ministers on the outcome of the European Bioeconomy Scene 2019, which was held in Helsinki on 8 to 10 July. The aim of the conference was to raise public awareness and work towards a sustainable bioeconomy in Europe.

The Slovenian delegation informed the Council about the outcome of the ministerial conference “Strengthening the Generation and Transfer of Knowledge for the Progress of Agriculture and the Rural Areas”, which took place in Ptuj, Slovenia on 23 August 2019. The outcome was a joint declaration, which sets out a proposal for promoting the transfer of knowledge and innovation in the agricultural sector.

The Commission updated the Council on the current situation on African swine fever (ASF), asking member states to consider increasing national measures. Czechia presented a declaration on combatting ASF, calling for further multinational collaboration, additional EU co-funding and intensified research.

The French delegation presented a joint declaration on wolf management on behalf of a number of member states. The signatory member states asked the Commission to consider their concerns when revising the guidance on the protection of species under the habitats directive, providing flexibility in the sustainable management of wolf populations.

The Commission updated member states about the state of play on major issues in food safety, outlining the most important achievements of its term. This included the overhaul of the official controls legislation, improvements to animal health law and animal welfare, improved plant health legislation, and risk assessment in the food chain. In the context of the debate, the Belgian delegation gave an overview of the recent cases of Listeria monocytogenes in the EU, stressing the need to increase collaboration in order to detect transboundary outbreaks earlier.

[HCWS47]

Common Agricultural Policy (Market Measures, Notifications and Direct Payments) (Miscellaneous Amendments) (EU Exit) Regulations 2019

George Eustice Excerpts
Monday 28th October 2019

(4 years, 7 months ago)

General Committees
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George Eustice Portrait The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)
- Hansard - -

I beg to move,

That the Committee has considered the Common Agricultural Policy (Market Measures, Notifications and Direct Payments) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I., 2019, No. 1344).

Earlier today, we had a break from regulations on the common organisation of the markets—the CMO—and debated something else. The shadow Minister said in our first debate today that he liked the CMO so much that he had volunteered for the Committee on it; perhaps his Whips were concerned about his welfare and were trying to give him a break. We are now back to his favourite subject.

The statutory instrument amends provisions of retained EU legislation relating to the CMO that fall within devolved competence to ensure their smooth transition to a domestic regime, specifically by making amendments in the areas of the fruit and vegetables aid scheme and of production and price reporting. It also amends a domestic regulation relating to the EU common agricultural policy financial discipline mechanism.

Let me first address the provisions that concern producer organisations in the fruit and vegetable sector. Once they have been recognised as a PO, producers in the fruit and vegetable sector can apply for match funding under the fruit and vegetables aid scheme for certain activities that they carry out, with the aim of increasing their production and making them stronger in the marketplace. The instrument makes operable the core terms and conditions of the aid scheme, including—among other things—the activities that can be funded under the scheme, the amount of funding that can be claimed and the requirements that producer organisations must meet. It ensures that functions relating to the operation of the aid scheme can continue to be exercised by the appropriate authorities in the UK—either the Department for Environment, Food and Rural Affairs or the devolved Administrations.

The instrument also amends provisions on producer organisations in the fruit and vegetable sector in EU regulation 543/2011 to allow a programme established under that regulation to continue for the lifetime of that programme. It further makes amendments to EU regulation 2017/1185 to ensure that DEFRA and the devolved Administrations can continue to obtain certain production and price data from economic operators, as they do currently. The information is used for market management purposes; after exit day, DEFRA and the devolved Administrations intend to maintain its collection and use in the UK. They intend to review the operation of mechanisms for managing the data across the UK after EU exit, and may introduce further agreed amendments to the legislation based on the outcome of that review.

The instrument makes an amendment to an EU exit statutory instrument that the House approved earlier this year in the area of the financial discipline mechanism. It inserts a provision that makes it clear that sums deducted from 2018 direct payments for the purposes of the EU crisis reserve and other pillar 1 spending, but not used, will be paid back to farmers in the usual way following EU exit.

This instrument was laid before the House on 14 October. Like many other EU exit SIs laid close to 31 October, it was tabled under the made affirmative procedure to ensure that it would be in force on exit day. I trust that I have made clear to hon. Members why the amendments that it makes are necessary and appropriate. I commend the regulations to the Committee.

David Drew Portrait Dr David Drew (Stroud) (Lab/Co-op)
- Hansard - - - Excerpts

I am delighted to serve under your chairmanship, Mr Bailey, and delighted that yet again we are talking about CMOs—only for the second time tonight. We did have a break in the Committee in between.

I am intrigued why the same explanatory memorandum has been used for these regulations and for those that we considered earlier, the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019. Given that the memorandum is the same, I do not understand why we could not have conflated the two statutory instruments. I know that they relate to different market sectors, but unless I am wrong, the present instrument refers to wine as well as other sectors, although it is more all-embracing. I meant to ask that question in our earlier debate, but it slipped my mind.

The point that I really want to raise is about the mechanism for charging. Paragraph 3.3 of the explanatory memorandum states:

“Defra has decided not to issue this instrument free of charge to all known recipients of SI 2019/828 as, given the nature of the correcting provisions in this instrument and the proportion that they represent of the whole instrument, it would be disproportionate to apply the free issue procedure to SI 2019/828.”

If it is not being offered free, what is the charging mechanism and who is paying? Presumably we are talking about producer organisations, as in the previous SI, but it would be interesting to know a little more about what the mechanism involves. Will it be fundamentally different if we leave the EU, or will it be a similar funding arrangement?

We are back to our old friend the common organisation of the markets. Will the Minister say more about direct payments, which are in the title of the regulations? What exactly will be, or could be, owed to farmers if and when we leave the EU? Presumably the money will come out of pillar 1, but what will happen to those who are owed money under pillar 2? Will they be subject to a different statutory instrument or a completely different regime? It would be useful to know exactly what the procedures are for compensating those farmers, owners or producers with what they will be owed if we change the status of the arrangements that they are subject to.

Finally, the explanatory memorandum gives the usual list of consultees—we get used to reading the same thing in explanatory memorandums, because they look very similar. The statutory instrument is pretty all-embracing. It applies to the devolved Administrations, does it not?

George Eustice Portrait George Eustice
- Hansard - -

indicated assent.

David Drew Portrait Dr Drew
- Hansard - - - Excerpts

It would be interesting to know what specific consultations have taken place with Scotland and Wales, or even with Northern Ireland, given that there is no one to consult with, as we know from our debate on the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019. That is why those regulations were made: because the UK Government have had to take on the responsibility of the Northern Ireland Assembly and Executive, which are not in existence at the moment.

I have no specific or overall concerns about the regulations, so the Minister will be pleased to hear that we will not vote against them. However, no doubt it would be of public interest to get some clarity on what is being paid to whom, and to ensure that nobody loses out—particularly as the regulations imply that people will be making contributions towards their involvement as producer organisations.

George Eustice Portrait George Eustice
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I hope that I can deal with the shadow Minister’s concerns. Paragraph 3.3 of the explanatory memorandum relates to the free issue of hard copies of the instrument. The reason for our approach is that the regulations do not make policy changes; as we have discussed many times, they simply make minor changes to make existing policy operable. We will not be giving out free hard copies of the SI, but obviously it is available to anybody who wants to see it.

Why do we have one explanatory memorandum but two statutory instruments? The regulations that we considered earlier relate exclusively to reserved matters, whereas the present regulations are about devolved matters, so we needed two statutory instruments. However, they both address generally the same topic, so we chose to cover them in a single explanatory memorandum.

The shadow Minister asked how the direct payments process works. As always with the CAP, some of the matters involved are complicated. The financial discipline mechanism, as it is called in EU terminology, applies only to pillar 1. Under that mechanism, each year the European Union top-slices the pillar 1 budget, which normally goes out in the basic payment scheme. It typically takes about 1.5% of the budget and holds it in the crisis reserve; should there be a major market disruption in dairy or something else during the year, that top-sliced crisis reserve will fund interventions in the market such as buying up skimmed milk powder.

Under the SI, the money top-sliced in the last scheme year will be reimbursed to farmers the next year if it is unused. If there is no crisis against which the money needs to be used, it goes back into the pot for the following year. That is how the EU system works; we are simply putting it beyond doubt that if there is unused money in the crisis reserve, we will add it as a top-up to next year’s BPS payment, even though we will be outside the European Union.

Finally, the shadow Minister asked whether the devolved Administrations had been involved. I can confirm that they absolutely have. The regulations relate to matters of devolved competence. We have had discussions with the Administrations; although we are legislating UK-wide, it is with their consent.

I hope that I have been able to address the shadow Minister’s points. I welcome the fact that he does not intend to press the regulations to a vote.

David Drew Portrait Dr Drew
- Hansard - - - Excerpts

I wonder how many more CMO SIs we will have.

Question put and agreed to.

Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019

George Eustice Excerpts
Monday 28th October 2019

(4 years, 7 months ago)

General Committees
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George Eustice Portrait The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)
- Hansard - -

I beg to move,

That the Committee has considered the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I., 2019, No. 1313).

This statutory instrument was due to be made under negative resolution, but was transferred to be made affirmative to ensure that it was on the statute books before our planned EU exit on 31 October 2019. The SI is made under the European Union (Withdrawal) Act 2018 which, as hon. Members know, retains EU-derived legislation in UK law, and corrects deficiencies in EU-derived legislation arising from the UK leaving the European Union.

The instrument relates only to Northern Ireland and concerns devolved areas of policy normally dealt with by the devolved Administration. The Government’s preference is that the regulations be made and scrutinised by the devolved institutions in Belfast, remaining absolutely committed to the restoration of devolved government in Northern Ireland, but in the current circumstances we have decided to process this and other Northern Ireland regulations through Parliament, working closely with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

This SI is prepared on the basis of leaving the EU without an agreement, although the Government’s intention remains for an agreement to be in place when we leave. Should an agreement involve a transition period, the SI will not take effect for that period, although it may be needed thereafter.

The SI will make minor amendments to Northern Ireland domestic legislation. In some cases, it corrects minor errors in previous SIs, but predominantly it concerns final changes to make retained EU law relating to various biosecurity regulations operable. First, it makes changes to the Eggs and Chicks Regulations (Northern Ireland) 2010. The SI amends those regulations to ensure operability following the UK’s exit from the EU by omitting redundant EU requirements, namely, specific offences of not marking eggs or not marking eggs correctly for delivery between member states. Those specific provisions would no longer be relevant since we would no longer be a member state.

Secondly, the SI makes minor technical amendments to the Importation of Animal Pathogens Order (Northern Ireland) 1999 in relation to a reference to and a definition of “another member state”. Since we will not be a member state, that reference must be changed.

Thirdly, the SI amends the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 to insert a corrected reference to the community marketing rules offences in the Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010. The amendment in the original EU exit SI provides transitional arrangements for fresh horticultural products placed on the market after EU exit day to ensure that fruit and vegetable marketing labels allowed under EU law will continue to be permitted in the UK during a transitional period of 21 months after exit. The labelling requirements set out in article 7 of Commission implementing regulation 543/2011, however, should have referred to regulation 15 rather than regulation 17, and that is corrected by this instrument.

Fourthly, the instrument makes an operability amendment to the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995.

Nick Smith Portrait Nick Smith (Blaenau Gwent) (Lab)
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If the Prime Minister’s deal is agreed, will eggs, for example, still have to be labelled as decided by the European Union?

George Eustice Portrait George Eustice
- Hansard - -

During the implementation period, they would. In an implementation period under the provisions of the withdrawal agreement Bill, there are saving provisions for that EU law during the implementation period. As for what comes thereafter, they would be superseded by the future agreement put together during the implementation period.

Nick Smith Portrait Nick Smith
- Hansard - - - Excerpts

I thank the Minister for giving way. My sense is that the eggs will still have to be labelled as decided by the EU after the implementation period. Is that not correct?

George Eustice Portrait George Eustice
- Hansard - -

I think the hon. Gentleman is mixing up several things. If we were selling eggs into the European Union, they would probably require certain labelling to comply with its laws for people serving that market. The provisions we are talking about are much narrower, referring to a specific type of marking that one EU member states makes on its eggs when selling to another member state. We would no longer be a member state, so those specific, narrow provisions would no longer be relevant, since we had ceased to be a member state.

The fourth instrument to be amended is, as I said, the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995. This SI will amend those regulations by making a substitution of “United Kingdom” at regulation 4A, in place of the “European Union”.

Fifthly, the SI amends the Plant Health (Wood and Bark) Order (Northern Ireland) 2006 by removing references to the European Union and omitting EU decision references that are not operable outside the EU, and references to EU decisions. Those references would no longer be needed, since they will have been replaced by the UK common list.

The SI amends the Plant Health Order (Northern Ireland) 2018 to omit definitions of decision (EU) 2018/1503 relating to the organism Aromia bungii. That EU decision was originally added to the order after the first Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 were made. It is now included in the UK common list, so it is no longer required and this SI removes it.

Peter Bottomley Portrait Sir Peter Bottomley (Worthing West) (Con)
- Hansard - - - Excerpts

Presumably, we are talking about the red-necked longhorn beetle, which affects Prunus trees in China?

George Eustice Portrait George Eustice
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I have been shown a picture, and—my hon. Friend knows a great deal about this—it looks like a beetle.

Nick Smith Portrait Nick Smith
- Hansard - - - Excerpts

Good catch!

George Eustice Portrait George Eustice
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Finally, this SI amends the Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019 to ensure parity with retained EU law, omitting the definition of “Union list” throughout the order and, where appropriate, replacing that term with “list of species of special concern”. That list is defined in the amendments to reflect that the list is derived from the EU’s list of invasive alien species. Similar amendments have been made to the UK Invasive Alien Species (Enforcement and Permitting) Order 2019.

The amendments made to Northern Ireland domestic regulations in this SI maintain the integrity of the Northern Ireland statute book, ensuring legal certainty as we approach our exit from the EU, and ensuring that we maintain standards and protections across the UK. I therefore commend the regulations to the Committee.

--- Later in debate ---
George Eustice Portrait George Eustice
- Hansard - -

I shall try to address as many of the issues raised as possible.

On the first point made by the hon. Member for Stroud (Dr Drew), if the Northern Ireland Assembly were sitting and we had an Administration in Northern Ireland, this statutory instrument would not be needed. The devolved Administrations have been taking forward their own regulations in devolved areas, and therefore they would have been dealing with these statutory instruments themselves. When an Administration is formed in Northern Ireland, which we hope will happen soon, they will take on that role again.

In the event of a Brexit, if the Administration wanted to make additional changes we might need to remove or change the statutory instrument, allowing them to fill that gap. Although nobody wants to step across the devolved settlement, it is important that Northern Ireland has a functioning statute book, so in the absence of an Administration we have taken this step to legislate on their behalf.

On our consultation in Northern Ireland, we have worked closely with officials in DAERA. The shadow Minister will have to ask the Democratic Unionist party where it stands on the matter, but my understanding is that it wants to have a functioning statute book for day one of exit.

The hon. Gentleman asked a specific point about the two categories of regulation. In my opening comments I gave a long list of orders and statutory instruments that were being changed by this instrument. The simple answer is that an SR is an order made in the devolved Administration in Northern Ireland; they tend to be business-as-usual regulations and we have changed some of them through this instrument, where necessary. The references to SIs tend to be about the SIs that we made earlier in the Brexit process, under the European Union (Withdrawal) Act 2018, which we are now changing. The SIs tend to be changes to Westminster legislation and the SRs are for Northern Ireland.

The hon. Gentleman asked whether the latest new deal that the Prime Minister has brought back has any implications for the SI, and he mentioned checks at the Northern Ireland border. He will be aware that that has no relevance to this SI, which is a no-deal SI. This SI would be necessary in the event that we leave the European Union without a withdrawal agreement, so it does not envisage any of the checks that he mentioned.

The hon. Gentleman asked a question about the transition period in some areas. As we have discussed, other SIs have a grace period of nine months but here we are applying a period of 21 months. The reason for longer transitions in some areas tends to relate to labelling requirements; this is specifically a labelling provision, so a longer period is needed. When these regulations were originally drafted, 21 months would have taken us to the end of December 2020. It was felt that for some of the marketing provisions, where there are labelling implications, it was appropriate to have a longer transition. In other areas, where it is simply a grace period, we have applied our continuity approach, which is that there should be no change for a minimum of six months but change thereafter is easier to contemplate.

The hon. Gentleman asked what consultation had taken place. As I said, we have discussed these issues in detail with officials in DAERA. Indeed, they have been supporting me today on this matter. Despite the numerous different political complexions in different parts of the UK, we have the advantage of a one civil service approach. I know that DAERA officials have engaged with the Ulster Farmers Union closely and that they have raised no concerns about these particular regulations.

Conor McGinn Portrait Conor McGinn
- Hansard - - - Excerpts

I accept that point on these specific measures, but will the Minister tell us whether he has been to Northern Ireland to meet and hear from the Ulster Farmers Union directly? Has he discussed these measures with representatives of the political parties? Given the all-Ireland nature of agriculture, has he discussed the consequences of a no-deal Brexit with his counterpart in Dublin?

George Eustice Portrait George Eustice
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As the hon. Gentleman might know, this is my second time in this post. I have been engaged in the last few weeks with taking care of issues such as this and with preparing for the prospect of a no-deal exit. The last time I was doing this role, I visited Northern Ireland on several occasions and had numerous meetings with the Ulster Farmers Union to discuss its concerns. I am sure that my predecessor, my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill), did the same. Yes, the UK Government have engaged with representatives of the Ulster farming community.

Peter Bottomley Portrait Sir Peter Bottomley
- Hansard - - - Excerpts

When the Ulster Farmers Union, which I admire, is spoken of, I always try to speak for the Northern Ireland Agricultural Producers’ Association—the family farmers, of whom there are many more but on smaller pastures of land. NIAPA deserves attention.

--- Later in debate ---
George Eustice Portrait George Eustice
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I defer to my hon. Friend, who, as a former Minister, has great experience on these matters.

I conclude by mentioning, as my hon. Friend pointed out, the red-necked longhorn beetle. It is a distinctive, narrow beetle, with long antlers and a red neck, unsurprisingly. He is absolutely right that it is native across south-eastern and oriental areas. It has several common names, but “red-necked longhorn” is the most used here. It was first detected in Europe in 2008, when three adults were intercepted. It is a major threat, which is why we must be ever vigilant with this invasive species, as we should be with all other invasive species. I hope that I have been able to address some of the concerns raised by hon. Members, and that they will therefore feel fit to approve the regulations.

None Portrait The Chair
- Hansard -

Before I put the question, I should perhaps point out that none of our DUP colleagues were appointed to the Committee, which is why none were here.

Question put and agreed to.

Common Organisation of the Markets in Agricultural Products (Producer organisations and Wine) (Amendment Etc.) (EU Exit) Regulations 2019

George Eustice Excerpts
Monday 28th October 2019

(4 years, 7 months ago)

General Committees
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George Eustice Portrait The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)
- Hansard - -

I beg to move,

That the Committee has considered the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019, No. 1343).

This instrument is part of a series of statutory instruments amending retained EU legislation relating to the common organisation of the markets—the CMO —to make it operable. I promised the shadow Minister that there were more delights to come relating to the CMO. The instrument specifically concerns producer co-operation; producer organisations in the fruit and vegetable sector; special provisions for the import of wine; and protected denominations of origin and protected geographical indications—PDOs and PGIs—for wine. These amendments are in the reserved areas of regulation of anti-competitive practices and agreements, international relations, import and export controls, and intellectual property.

The instrument also revokes implementing Acts adopted by the Commission setting out its decisions concerning the protection of PDOs, PGIs and traditional terms for wine. Those implementing Acts will not be needed after exit, as the effect of those decisions—that is, what appears in the PDO and PGI register—is all that is required to ensure continuity, and that will be in place.

I turn first to the provisions concerning producer organisations and producer co-operation. Once recognised as a producer organisation, producers in the fruit and vegetable sector can apply for match funding under the fruit and vegetable aid scheme for certain activities that they carry out, with the aim of increasing their production and making them stronger in the marketplace. The aid scheme currently allows a PO to take members from across the EU and receive aid in respect of all its producer members, no matter where in the EU those members are based. Once we leave the EU, the aid scheme will become a domestic scheme, and although it will still be possible for members to be based outside the UK, aid will no longer be paid in respect of land located outside the UK. The instrument also removes redundant provisions on transnational co-operation concerning POs in other sectors.

The instrument also ensures that functions relating to the recognition of producer organisations in the fruit and vegetable sector can continue to be exercised by the Secretary of State after exit, and it amends provisions relating to producer organisations in the fruit and vegetable sector in EU regulation 543/2011 to allow a programme established under that regulation to continue for the lifetime of the programme.

I turn to the provisions concerning wine. EU regulation 1308/2013—the basic CMO regulation—requires wines imported into the EU from a third country to be covered by a certificate, with a few exceptions. To avoid any risk of disruption to wine supplies, the instrument contains a time-limited transitional arrangement of nine months, which will allow wine imported from the EU to enter the UK accompanied by other forms of documentation that provide evidence of the alcohol content and details of the amount of wine in the consignment, provided that the Secretary of State considers the wine to meet UK marketing standards.

Lord Swire Portrait Sir Hugo Swire (East Devon) (Con)
- Hansard - - - Excerpts

Should legislation for an election go through this evening or tomorrow, this may well be my last performance, so it would be remiss of me not to try to get my name into Hansard to show I am still alive. When the Minister talks about wine, does that include fortified wine?

George Eustice Portrait George Eustice
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My understanding is that the instrument concerns all wines—all those things defined as wine, including fortified wine—coming from the European Union. I am sure my officials will update me before the end of the debate if I am incorrect. As usual, my right hon. Friend asks a perceptive question.

We are willing to accept documentation covering existing EU schemes, which will allow the UK to import wine from the EU without the specified wine import certification. UK enforcement officials will carry out checks based on existing commercial and excise-related documentation.

These changes are necessary to ensure that we can still import wine from the EU in the event that those imports do not yet meet the new UK import documentation requirements after we leave. The regulations allow for a grace period, giving importers and overseas producers time to adjust.

The regulations also make operable the legal framework for the protection and cancellation of PDOs, PGIs and traditional terms for wine in the UK. Currently, the European Commission publicises its decisions on those matters by adopting implementing Acts. After exit, the Secretary of State will simply publish such information in line with our domestic practice.

Harriett Baldwin Portrait Harriett Baldwin (West Worcestershire) (Con)
- Hansard - - - Excerpts

Some apple growers in my constituency make a beautiful drink called applesecco, but they were told they cannot use that designation because of current legislation. Will that remain the case after we leave the European Union?

George Eustice Portrait George Eustice
- Hansard - -

My hon. Friend’s part of Worcestershire is home to many producers of cider and other products. This instrument relates to the import of wine from the European Union and does not affect at all the terms that might be used by UK producers. There is a separate issue: in the event of a no-deal Brexit, although we are offering a unilateral nine-month grace period to enable supply chains—in common with many other areas—to continue normally, the EU has not yet indicated that it will reciprocate what we are doing here.

This instrument was made and laid before Parliament on 14 October. Like many such EU exit instruments laid close to 31 October, it was laid under the made affirmative procedure to ensure its being in force on exit day. I trust that I have made it clear to hon. Members why the changes made by the regulations are necessary and appropriate. I therefore commend the regulations to the Committee.

--- Later in debate ---
George Eustice Portrait George Eustice
- Hansard - -

I start by answering this question of where the draft regulations fit within the wide panoply—as the hon. Member for Stroud described it—of CMO regulations. The CMO is a highly complex body of law, as he and any of us in such Committees have discovered. It is a big jigsaw, but I assure him that it all fits together neatly, once we bring together all the different SIs.

For a number of reasons, we have had to do the SIs in different stages: sometimes because certain matters are reserved and others devolved, so at times two SIs must cover broadly similar areas; in other instances because different provisions within the CMO have not all been dealt with at the same time; and sometimes there have been time issues, when certain matters have been unresolved or still subject to discussion and so left until later in the process. The reason we are discussing this again, although we have discussed the CMO many times, is that these regulations fall into that last category.

There was discussion with the devolved Administrations earlier this year on exactly which matters were reserved and which devolved. These are the matters we have decided and agreed are reserved, which is why we made this instrument[Official Report, 30 October 2019, Vol. 667, c. 2MC.]. Later today, a separate SI will deal with some of the devolved issues in a similar space—

David Drew Portrait Dr Drew
- Hansard - - - Excerpts

I’ll be there.

George Eustice Portrait George Eustice
- Hansard - -

The hon. Gentleman, who was corrected by my right hon. Friend the Member for Scarborough and Whitby, made an important point about the export of English wine, as well as Welsh and other such wines. They are increasingly successful overseas, and the growing export market for English sparkling wine in particular has been a big success story. However, as I said in my opening remarks, organic certification recognition and other regimes are one of a number of areas where the European Union is maintaining the position that it will not discuss such matters until after we have left on 1 November. Inevitably, therefore, in the short term there would be an air gap in such areas, but all of them—including ensuring that we expedite the recognition of certification documents for English wine entering the EU market—are on a list of priorities that we will seek to progress as quickly as possible.

The shadow Minister raised the issue of page 13, annex 8, which is simply about the anti-avoidance criteria. Those are in a fairly generic form that has been used previously. He also mentioned page 16 and, on reading that page, the document seems to me to be largely about interpretation of EU documents. However, to answer his direct question, in all these SIs we are moving functions currently exercised by the European Commission to be exercised instead by—since these are all reserved areas—the Secretary of State.

I hope that I have managed to address some of the particular issues raised by the shadow Minister—

David Drew Portrait Dr Drew
- Hansard - - - Excerpts

I accept what the Minister has said. Clearly this is a specialist area, but no specialist wine producers were included in the consultation. Will he assure me that he has talked to the industry about the impact of some of the changes? I dare say that will include retailers, who will presumably be interested to know how they will get their French, Spanish and Italian wines.

George Eustice Portrait George Eustice
- Hansard - -

I can assure the hon. Gentleman that we have had extensive discussions with the UK hospitality industry and its trade body—which we meet weekly—and more widely with agrifood stakeholder groups, which we have also met. As we progressed our plans for a potential no-deal Brexit, they have been fully engaged. At one point, they had been concerned that we might not have a transitional period of nine months. We gave some consideration to whether we should, in the first instance, offer that unilaterally to the European Union or whether we should seek mutual reciprocation.

In the event, in this and virtually every other area, the Government took the view that we should adopt a continuity approach for at least six months. In this instance—I know the hon. Gentleman asks about this a lot—we felt that a nine-month transition was consistent with what we said about giving six months of continuity, when not much would change at all, while recognising that bottles need to be labelled in a particular way. To give people the extra time, we chose to go for nine months in this particular instance.

I assure the hon. Gentleman that we have consulted widely with the industry, which is reassured that we are offering this grace period on wine. On that basis, I hope the Committee will support this statutory instrument.

Marion Fellows Portrait Marion Fellows
- Hansard - - - Excerpts

As these are largely technical regulatory amendments required to continue the current regulatory regime, we will abstain. However, may I point out that there is no better deal for the agricultural community in Scotland than the uninhibited European market that already gives access to more than 500 million consumers, some of whom may indeed enjoy Scottish wine?

George Eustice Portrait George Eustice
- Hansard - -

The hon. Lady makes a point slightly outside the scope of the instrument, which is clearly preparation for a no-deal Brexit, should we have to do that, although none of us wants it. The best way to ensure that we protect the interests of the food and agriculture sectors is to get behind the new deal put together by the Prime Minister.

None Portrait The Chair
- Hansard -

All sorts of things in the Committees I chair are on the margins of order, but we have learned to live with that.

Question put and agreed to.

TB in Cattle and Badgers

George Eustice Excerpts
Wednesday 23rd October 2019

(4 years, 7 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

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George Eustice Portrait The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)
- Hansard - -

I congratulate the hon. Member for High Peak (Ruth George) on securing this debate and, as several hon. Members have said, on the sensitive way she approached a difficult and contentious issue, particularly in her recognition of the trauma this issue causes farmers.

Bovine TB is one of our most difficult animal health challenges. It is a slow-moving, insidious disease. It is difficult to detect. None of the diagnostic tests are perfect. I will come on to that later. It can exist in the environment for several months. There is a reservoir of the disease in the wildlife population, hosted in badgers. No vaccination is perfect. The best vaccine we have is the BCG vaccine, which typically provides protection of around 70%.

As the hon. Lady said, bovine TB also imposes a huge pressure on the wellbeing of our cattle farmers and their families. As many hon. Members have said, including my hon. Friend the Member for Congleton (Fiona Bruce), it is a tragedy when farmers have a TB breakdown. Some farmers lose show-winning cattle. For many, their herd of cattle is their pride and joy, and it is utterly soul-destroying to see those cattle lost.

No single measure will achieve eradication by our target of 2038. That is why our 25-year strategy, launched by my right hon. Friend the Member for North Shropshire (Mr Paterson) in 2013, sets out a wide range of interventions. Cattle testing is the cornerstone of our current programme. Several hon. Members, including the hon. Member for Edinburgh North and Leith (Deidre Brock), suggested that we are focusing on badgers at the expense of other interventions. That is simply not true. We have a wide range of testing regimes.

There are regular surveillance tests, every four years in the low-risk area, every year in the high-risk area and every six months in hotspots. There are pre-movement tests. Recently, we introduced compulsory post-movement tests for cattle moving between holdings. There are trace tests on cattle that have recently been added to a herd. We have tests on a herd following a sale of cattle to another herd, where that leads to a TB breakdown. We have radial testing in some areas and contiguous testing in others, where there are implications from a neighbour’s farm with a breakdown. Where there are inconclusive reactors, we have re-tests. Recently, we dramatically increased the use of the far more sensitive interferon gamma test, to ensure that we detect the presence of the disease and root it out faster from our herds.

It is not correct to say that our policy is built solely on the contentious badger cull policy. The cornerstone of our fight against TB is and always has been a very thorough testing regime, to remove the disease from cattle. All the demands we place on farmers through testing, despite the trauma concerned and the dangers they pose, are crucial to our fight against the disease. We must continue to be vigilant on this front. That was one of the recommendations from the review conducted by Sir Charles Godfray.

Seven years into our 25-year strategy to eradicate TB, we feel that it is a good time to reflect on the strategy and think about other elements we might want to evolve. That is why the former Secretary of State asked Sir Charles Godfray to conduct a review around the five-year point of the strategy. That was published a little under a year ago. Several hon. Members have asked why the response has been delayed and when to expect it. All good things are worth waiting for. I envisage the response being published soon. I hope it will not be interrupted by an election purdah.

The response to the Godfray review is an opportunity for us to take stock and review the current strategy, seven years in. The shadow Minister offered to work with me on this. When we publish our response to the Godfray review, I will invite him and his team to meet me in the Department for Environment, Food and Rural Affairs to go through what we are proposing. The tone of this debate has been slightly different from previous debates on the matter. While we will never entirely agree, I detect a sense that both sides can make a step towards one another and achieve a consensus on certain issues. I am keen to try to achieve that. This is a long- term fight—it is a 25-year strategy—so it would be helpful to have cross-party understanding and consensus on elements of it.

This debate relates to Derbyshire. As the hon. Member for High Peak knows, we took a difficult decision to pause a proposed cull in the south of Derbyshire. I understand that has caused great frustration to farmers. We did that to ensure that we can assess how we can have co-existence of badger vaccination and culling in parts of the edge area. That is why we chose to pause it for this year.

Badger culling is a controversial policy. We have powerful scientific evidence to show that the cull is working, despite passionate attempts by some to suggest otherwise. TB was first identified in the badger population as long ago as 1971. A series of trials in the 1970s demonstrated that a badger cull could lead to significant reductions in the incidence of the disease. That was borne out further by the randomised badger culling trial in the early 2000s.

Crucially, a recent independent peer-reviewed epidemiological study, published by Downs and others in the internationally-renowned scientific journal Scientific Reports, showed that licensed badger culling is leading to a significant reduction in the incidence of the disease in cattle in each of the first two cull areas. The study showed that there was a 66% reduction in TB incidence rates in Gloucestershire and a 37% reduction in the Somerset cull area, over the four years of intensive badger culling, relative to similar comparison areas. No significant changes have yet been observed in the third area in Dorset, but that is after just two years of culling. Furthermore, there was no evidence of an increase in the TB herd incidence rates in cattle located around the buffer area. One of the key findings of the report was that the so-called perturbation effect, which was a concern for some when the cull was launched, has not materialised in the culls so far.

The Government do not dismiss badger vaccination, but it is important to remember that the only vaccine we have is the BCG vaccine, which does not provide full protection. We do not have any hard, scientific evidence of how it works on a field deployment scale.

Deidre Brock Portrait Deidre Brock
- Hansard - - - Excerpts

I may have missed something, but I noted from the Library report that was given to us that the Animal and Plant Health Agency was conducting an efficacy study and that the results were expected later this year. That is a research programme to identify an oral vaccine and a palatable bait. I wonder whether there is any update on that.

George Eustice Portrait George Eustice
- Hansard - -

I think that was dealt with by my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill). In all my time in this role previously, I kept going and persevered with the research to try to identify an oral vaccine, because—in reality—if we want to deploy a vaccine on scale in the wildlife population, an oral bait vaccine would be the answer. I have had numerous submissions over the years inviting me to pull up stumps on that research, but I persevered.

However, I am afraid that in the end we could not get there, for the reason that my right hon. Friend pointed out, namely that a badger’s digestive system is too powerful and it breaks down the vaccine. All attempts to find other ways around that were unsuccessful. It is also the case that when such vaccines were deployed in the field, certain badgers would get a lot of the vaccine and others would get none at all, because there would be a propensity for some badgers to take up the bait but not others. So it is not something that we are continuing with at this stage.

I will pick up on a few points that hon. Members have made. The hon. Member for High Peak raised the issue of cows that were heavily pregnant with calves. She is right that it is an absolute tragedy to cull such cows and in fact a couple of years ago I changed the rules in this area, so that a cow that is in the final month of its pregnancy can now stay on the farm and be placed in isolation. We have even provided that a cow in the final two months of its pregnancy can be isolated, provided that the isolation facilities are sufficiently robust. So I have already changed the rules in that regard, because, as my right hon. Friend the Member for North Shropshire pointed out, it is horrendous when a cow that is about to give birth has to be shot on a farm.

The hon. Lady also raised the issue of the badger population in Derbyshire. The reality is that in in her area in the north of Derbyshire, where badger vaccination is taking place, incidence of the disease in badgers is quite low. However, that is not the case in south-west Derbyshire, particularly along the border with Staffordshire, where there is a high prevalence of the disease in the badger population.

Ruth George Portrait Ruth George
- Hansard - - - Excerpts

What evidence is there for the incidence of the disease in badgers? Will the Minister look to test badgers in the cull areas post-culling, because it is so important that we are clear about whether there is or is not incidence of the disease?

George Eustice Portrait George Eustice
- Hansard - -

We have a number of approaches. We do some roadkill surveillance in areas to identify where there is disease. Also, whenever we have a breakdown on a farm, an assessment is carried out by APHA vets to try to establish the most likely cause of that breakdown. So there are breakdown epidemiological reports.

The hon. Lady also raised an issue about herd size. In addition to the point made by my hon. Friend the Member for North Herefordshire (Bill Wiggin), the fact of the matter is that it is an epidemiological reality that the more cattle there are in a herd, the more interfaces there are with the environment and the more likely they are to pick up infection. I remember that some years ago our chief scientist in the Department for Environment, Food and Rural Affairs got very excited and thought that those with small herds must be doing something right. However, we concluded that it is simply a mathematical fact that a small herd has fewer interfaces with the badger population and therefore has a lower propensity to have a breakdown.

My hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) raised an important issue about slurry. I can tell her that I have had meetings with Dick Sibley and that he has attended roundtable discussions we have had on this issue. However, as long ago as 2015 we launched a biosecurity plan that included slurry management best practice guidance, so this is an issue that we recognise and that we try to improve. The evidence is a little mixed, because the reality is that if we are testing and removing cattle, we would tend to remove them before the disease shows up in slurry, unless the test is ineffective and is missing those cattle. So this is an area that we are keen to look at further and, as I have said, we are in dialogue with Dick Sibley on some of these matters.

My hon. Friend the Member for North Herefordshire made a point about diagnostic tests. He is absolutely right—we are now allowing the use of unvalidated tests and, again, Dick Sibley is using one of those tests. We have also dramatically increased our deployment of the more sensitive interferon gamma test.

My right hon. Friend the Member for North Shropshire made an important point about epidemiology and, crucially, how we get daughter infection below one, so that we can put this disease into permanent retreat. The R0—the reproductive number that he mentioned—is notoriously difficult to calculate, but we have a track record in our own history of taking this disease from a very high prevalence in the 1930s down to zero in the 1980s. So there is a point whereby, if we keep going, we can put this disease into permanent retreat.

George Eustice Portrait George Eustice
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I will take a brief intervention and then I will conclude.

Owen Paterson Portrait Mr Paterson
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I will make a point briefly. Will the Government look at evidence from other countries, particularly Ireland, where the evidence is quite contrary to what the SNP spokesperson—the hon. Member for Edinburgh North and Leith (Deidre Brock)—said, in that there is no intention of eliminating a species? This process is about getting the population per kilometre down to a level whereby the disease simply cannot reproduce itself, and then we will end up with a completely stable, healthy badger population, and this whole nightmare will go away.

George Eustice Portrait George Eustice
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We will look at that evidence, but this is a difficult issue. My right hon. Friend is right that our aim, as my right hon. Friend the Member for Scarborough and Whitby pointed out, is to get the badger population down by 70% in the four years of the cull; it is not our intention at all to eradicate the badger population. This is an issue that we will continue to look at because, as we plot how to get from where we are now to being officially TB-free by 2038, it is clearly an important issue.

My right hon. Friend the Member for Scarborough and Whitby also pointed out some of the challenges of vaccinating badgers and the further challenge that we have had with an oral vaccination. However, if we can use such a vaccination, there are also some advantages. It provides herd immunity and there is some evidence that cubs born in badger populations that have been vaccinated have a higher degree of resistance to the disease than other badgers.

Finally, the hon. Member for Edinburgh North and Leith asked about Scotland. The approach taken in Scotland is very similar to the approach that we take in a low-risk area elsewhere. Scotland does not have a large badger population and nor does it have a presence of the disease in the badger population, which is in common with the north of England. Therefore, the nature of the challenge in Scotland is very different from that elsewhere.

The badger population has more than doubled in this country over the last 20 or so years. In the cull areas, which we are targeting because the disease is rife there, we simply look to reduce the badger population by 70% for the duration of the cull.

David Drew Portrait Dr Drew
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The one thing that has not been mentioned—I should have mentioned it myself, of course—is cattle vaccination. Such vaccination was always 10 years away, but I gather that it is now five years away. Are the Weybridge and Pirbright research institutions still working on this vaccination and, if so, can they clarify where they are with that work?

George Eustice Portrait George Eustice
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Yes, we are continuing to do cattle vaccinations; that particular research has not been stopped. As the hon. Gentleman says, cattle vaccination is an important line of work and it is one that we intend to continue.