Brexit: Environmental Regulation

Debate between Lord Deben and Lord Gardiner of Kimble

Monday 4th November 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, my noble friend has hit on something absolutely crucial. We need to ensure that we lead. That is indeed why this country was the first in the world to introduce legally binding greenhouse gas emission targets. We were the first country to set a legally binding target to achieve net zero greenhouse gas emissions. All this is the direction of travel in which we wish to go. We should be ambitious about that; I agree with my noble friend.

[Lord Deben (Con)]

Does my noble friend the Minister agree that all this works only if we do not undermine those things by agreeing international trading arrangements that allow other people to export into this country goods and services that do not reach the same standards? Is it not true that those in charge of international trade in this Government have not been as committed to our environmental standards as other members of the Government?

[Lord Gardiner of Kimble]

Well, this member of the Government is delighted to say that the United Kingdom is a world leader on animal welfare and environmental standards. We will not water down our standards as part of trade negotiations; I have said that before. We are committed to making sure that any future trade agreements work for consumers, farmers and businesses across the United Kingdom.

Plant Health (Amendment) (England) (EU Exit) Regulations 2019

Debate between Lord Deben and Lord Gardiner of Kimble

Monday 25th March 2019 Grand Committee

[Lord Gardiner of Kimble]

My Lords, I thank all noble Baronesses who have contributed to this debate. I suspect that we are united in every particular of the essentials. I stress again that as the Minister with biosecurity in his remit, I could not place a higher importance on keeping our country safe from pests, disease and invasive non-native species, all of which cause immense damage to our natural ecosystems.

As a farmer in the Vale of Aylesbury I was very scarred myself, as a boy, by the loss of all the elm trees on the farm. Now, having planted ash trees over the years and seeing them depleted, no one could be unhappier about that situation. However, in 2012, when it materialised that all sorts of extraordinary things were happening, whereby ash seeds—I think it was even small saplings as well—were going to other parts of the EU to come back and bring Chalara with them, that precipitated a change in Defra and an understanding that, while animal health had rightly been given a very considerable priority, plant health needed to buck up and become as rigorous and as sharp. I could mention many names, but the appointment of the chief plant health officer, Professor Nicola Spence, was one repercussion of an understanding that we needed to do a lot better.

On the issue of bonding and sealed, or whatever word may be used, I say to the noble Baroness, Lady Young, that I was absolutely clear in the early stages of this situation that I too wanted reassurances. I am well aware that pests may arrive at a port and we may find them going all around the country because we have done something utterly stupid. I was assured, and I will go into further detail on the assessments, about why this was a sound and sensible thing for us to do.

I will go through the points in no particular order. My noble friend Lady Byford asked about existing fees and any changes. Existing fees will apply to these import inspections at inland premises, so we will follow the existing fee arrangements.

The noble Baroness, Lady Parminter, asked about the estimated number of consignments and inspections. I want to be clear that by inspection we would mean physical inspection of a consignment of plant material, rather than simply checks of the documents associated with it. In a no-deal scenario the majority of plants and plant products imported from the EU, including fruit, vegetables and cut flowers, will continue to enter the UK freely without physical inspections, as currently. Those goods managed under the EU plant passport regime, such as certain species for planting and shrubs, will require an internationally recognised phytosanitary certificate. There will be no physical inspection of the goods at the border, although our risk-based inland surveillance system will continue. A documentary and identity check will take place remotely, without requiring that goods are stopped either at the border or inland awaiting checks. The importer will be required to pre-notify the Animal and Plant Health Agency about details of a consignment of regulated plant material. At this stage we are, in a sense, keeping what we have for certain regulated plants from within the EU—in other words, the phytosanitary certificate.

The important area—if the Committee does not mind my setting this out, because it is terribly important to establish the sequence—is that material originating in third countries that enters the UK via the EU without being checked in the EU will require a physical inspection in the UK, in the same way as we currently physically inspect material coming directly from third countries. So whether or not the material enters the UK at the ro-ro ports, we will inspect the goods at trade premises inland that have been authorised in line with biosecurity requirements. At this stage we do not have data on the current number of plants and plant products entering the UK from third countries via the EU which will require an inspection, but we estimate that there will be around 14,500 consignments per year.

My noble friend Lady Byford asked about the location of inland premises. They are located across the United Kingdom. We do not have to hand the exact locations of the 33 premises currently being organised but I can provide that information in due course. I should say, and this issue arose in another connection, that a lot of the current facilities are around Heathrow because obviously a lot of the plants from third countries come in there. I know that there have previously been considerations about the fact that it is London-centric; that is because often the bulk of plant material from third countries has come in that way. I have been to the excellent inspection unit alongside Heathrow, where so much of the biosecurity protection takes place with imports directly from third countries.

My noble friend and the noble Baroness, Lady Young, asked about the costs. It is the Government’s policy to charge fees for many publicly-provided goods and services. The standard approach is to set fees to recover the full cost of service delivery. This relieves the general taxpayer of the costs so that they are properly borne by users who benefit from the service. Charging for plant health services is consistent with the principle that businesses using these services should bear the cost. The costs incurred in any 12-month period are recovered by fees levied in the following 12 months. For example, fees for 2019-20 will be based on the costs incurred in providing services for the period from April 2018 to March 2019.

My noble friend Lady Byford and, I think, the noble Baroness, Lady Parminter, raised transporting, moving inland and the biosecurity risk. As I have said, experts both from the APHA and within Defra have made it clear that in their assessment, under the containerised, sealed and bonded arrangements, these materials will be secure until they are inspected.

The noble Baroness, Lady Parminter, asked about the volume of the imports from the EU that would be subject to the new process. We estimate that around 0.75 million tonnes of regulated plant products from the EU, out of around 7 million tonnes of total annual imports, will require a phytosanitary certificate. On the question that she also raised on concerns about blockages at points of entry, we are seeking to do this because the paramount concern is that we keep the country biosecure. Clearly, though, where inland premises have been inspected and are both suitable to the inspectors and secure, we have been advised that there is no biosecurity risk from that.

I want to respond to another point raised by the noble Baroness, Lady Parminter. She asked about the dangers of spreading pests. It is clear that we must ensure that that does not happen; that is the whole point of our carrying on with the EU system of requiring pre-notification with phytosanitary certificates for certain EU plant products. That is an important pre-notification system to enable APHA to be aware of arrivals. Moreover, part of the regime is that random checks are made of plant materials. We place the greatest importance on this area.

My noble friend Lady McIntosh asked about the risks. She talked about ash dieback; the outbreak has precipitated an enormous amount of research—here I am moving away slightly from the statutory instrument before us. Research now being undertaken into tree health is remarkable for both its public and private funding, through universities. The John Innes Centre has undertaken research into the genome of the ash tree which gives us hope that perhaps 15% to 20% of the trees may have some tolerance. We can ensure the future of the ash tree from them. This is an important area and we will work with evidence to develop a risk-based, proportionate approach to plant health measures.

In the past we have introduced precautionary national measures to protect the UK against threats. For example, the UK produced stronger national legislation against xylella in response to the situation elsewhere in the EU. We have also introduced national legislation to protect against oak processionary moth. In fact, during my early months in this post I am afraid that I made myself unpopular with our very nice Spanish friends when dealing with the Epitrix potato pest by requiring further washing because we were concerned about the arrival of unwashed new potatoes at certain times. Moreover, of course we will work with the devolved Administrations to ensure there is protection across the United Kingdom.

I turn to the question of Northern Ireland. As we have discussed in a number of debates, the island of Ireland is an epidemiological entity for obvious reasons. In fact, when we looked at aquaculture, we found that there are fewer fish pests in the island of Ireland than there are in Great Britain. It is terribly important that the all-Ireland concept is seen in that context because pests and diseases are not respecters of borders. It is intended that a similar SI will be made for Northern Ireland. The specific legislation will align with our own legislation to ensure a consistent approach to plant health. It will be laid before day one.

[Lord Deben (Con)]

Can my noble friend explain how we will keep that legislation in line with what happens in the south?

[Lord Gardiner of Kimble]

As I said to my noble friend, the whole point in raising the single entity is that is why it is so important that there is close co-operation. If my noble friend had seen our earlier consideration of Northern Ireland matters, he would have heard about the very strong relationship between bodies in the north and the south on almost the whole of the natural ecosystem area. That is tremendously important.

My noble friend Lady McIntosh asked about changes to the list of regulated pests. A plant health risk register is publicly available and I am afraid to say that currently we have 1,000 pests recorded on it. That somewhat bears out what the noble Baroness, Lady Young, said. I have regular meetings with Grown in Britain, and which side of the argument on the European Union one might be on is, frankly, irrelevant. We need to be more biosecure within the United Kingdom. We all need to be more biosecure around the world because our laxity in these matters has already caused enormous problems around the world and we need to attend to it.

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

Debate between Lord Deben and Lord Gardiner of Kimble

Wednesday 27th February 2019 Grand Committee

[Lord Deben (Con)]

Just to make it easy.

[Lord Gardiner of Kimble]

This may well come into the trade and animal-related products SI.

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

Debate between Lord Deben and Lord Gardiner of Kimble

Tuesday 22nd January 2019 Lords Chamber

[Lord Gardiner of Kimble]

I admire the noble Baroness’s inquiring mind. Clearly, that will be relevant to the environment Bill in the next Session, and to many of the deliberations in the other place and here. We are embarking on a very important move and I invite your Lordships to be fully engaged. We want to get it right for the long term.

On EU standards, I absolutely get the point expressed —and with passion—by the noble Lords, Lord Judd and Lord Teverson, and my noble friend Lord Deben. But it may be that a future Government of this country want to go further than the EU. We should be less pessimistic about our future in this country, whatever we think about arrangements. There may be intricacies of our national life that mean we want to go further than the EU standards of the time. I get the point, however, and of course we want to safeguard and improve the record that has been achieved. For example, there are some very good statistics on how bathing waters have improved. I particularly admire what Surfers Against Sewage has done—it has been tremendous in raising the public profile of this issue—and I also appreciate what many other organisations have done, in a European context and in the UK. However, the withdrawal Act ensures that existing standards transposed into domestic law will be retained. We want to maintain these high regulatory environmental standards and, as I said, improve on them wherever possible.

On the question of water supply fittings—

[Lord Deben]

Of course my noble friend is saying exactly what he and I would want. But I remind him that when we were not in the European Union—and if we had not been in the European Union—he and I would have been on the same side, pushing Governments to raise their standards and they would not have raised them. Therefore, we can only go on the past. We are where we are because we were in the European Union. We can have hopes for the future if we leave the European Union but, frankly, I doubt them. We have always been much less good at these things when we were not in the European Union because the Treasury always had a jolly good reason to stop good people like him and me fighting for what we believed in.

--- Later in debate ---

[Lord Gardiner of Kimble]

When I read the first draft of the Explanatory Memorandum, my thoughts were that lawmaking can be extremely complicated and that the drafting sometimes takes further reading. The clear message on what we want to do through this SI and the earlier instrument is that we want to safeguard this country’s environmental standards. That simple concept sometimes involves fairly intricate matters, so I say to the most reverend Primate that I like and appreciate simplicity, but there are moments when we need to make sure that the law is produced in an intelligible and understandable form.

[Lord Deben]

Before my noble friend sits down—

[Lord Gardiner of Kimble]

I have not sat down yet.

[Lord Deben]

No. I was hoping to say something before my noble friend sat down.

[Lord Gardiner of Kimble]

I have not sat down but I think that we are starting to elongate this matter and I ought to conclude.

Ivory Bill

Debate between Lord Deben and Lord Gardiner of Kimble

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 12th September 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the amendment tabled by the noble Baroness, Lady Jones, seeks to insert into the Bill a commitment that the Secretary of State would consult on extending the scope of the ban to include ivory from hippopotamus, walrus and narwhal as soon as practicable after Royal Assent. I am grateful to the noble Lord, Lord Grantchester and to the noble Baroness, Lady Bakewell of Hardington Mandeville, for their remarks.

As noble Lords will be aware, this matter was discussed at some length in the other place. I want to reassure the noble Lord and the noble Baroness of the Government’s intention on this point and to explain how the existing provision in the Bill may be applied. The Bill will prohibit the commercial dealing in living species of elephant—namely African and Asian elephants. Clause 35 provides a delegated power to allow the Secretary of State to extend the Bill to cover other ivory-bearing species through a regulation. We recognise concerns that, by banning the trade in elephant ivory, there may be an unintended consequence of trade displacement on to other ivory-bearing species, such as hippopotamus, putting these species at greater risk, as the noble Lord, Lord Grantchester has outlined. It may be appropriate to use this power to protect these species if the evidence gathered supports such actions.

The Government have committed in the other place and in a public announcement that the Secretary of State will conduct an evidence-gathering exercise—for example, a public consultation—on or as soon as practicable after Royal Assent. It is in the Government’s interest to launch this exercise within this period. However, we will ensure this does not impact our timetable to get the elephant ivory ban in place. The representatives from the conservation NGOs which gave evidence during Committee in the House of Commons emphasised that, at this time, the Government’s priority should be the ban on elephant ivory.

[Lord Deben (Con)]

If I may ask a genuine question, how easy is it for all these officers that we have been talking about to distinguish the ivory from which an artefact came? Is it difficult, or is it always simple?

[Lord Gardiner of Kimble]

I shall have to take myself on a course of expertise. If through use of this power it was deemed, because of the consultation and the evidence that we had, that other ivory-bearing species should be encompassed in some form of legislation—which would clearly come before your Lordships for affirmative resolution—there would definitely need to be some understanding on the part of the enforcement officers as to differentiation and whether certain other species should be added. However, I must not take myself down a route of conjecture, although it is very a very valuable and important point. Perhaps after the enactment I should undertake myself some better understanding of the definition.

We should not act unless we have informed evidence—I think this is a point my noble friend Lord Deben would very much approve—so we can make a proper decision on whether the scope of the Bill should be extended to another species. As noble Lords will be aware, as a result of the government amendment in the other place, this delegated power has been extended from applying only to ivory-bearing species listed under CITES to applying to any ivory-bearing species. The CITES-listed species are currently narwhal, killer whale, sperm whale, walrus, and hippopotamus. The amendment brought all ivory-bearing species—for instance, the warthog—into the scope of the delegated power. All those species are therefore in scope of the delegated power and may, therefore, be subject to an evidence-gathering exercise.

As I have said, we have committed to carrying out an evidence-gathering exercise on or as soon as practicable after Royal Assent. To clarify an important point, and reassure the noble Lord, the delegated power also enables the Secretary of State to take action in the future. That is very important because of what your Lordships have already said about the possible unintended consequence of other species becoming poached because of the elephant ivory ban. For instance, a subsequent evidence-gathering exercise could be carried out on the scope of the ban if necessary. This is an important element of us ensuring that, on all ivory-bearing species, we will have the ability to act through this legislation, although this legislation before us today is precisely about the African and the Asian elephant.

I hope that, with the explanation I have given, the noble Lord feels reassured that the Government are committed to carrying out an evidence-gathering exercise on or as soon as practicable after Royal Assent, and that this will consider extending the scope of the ban to other ivory-bearing species. On that basis, I hope the noble Lord will withdraw his amendment.

Agriculture: Gene Editing

Debate between Lord Deben and Lord Gardiner of Kimble

Tuesday 6th March 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, under the European Union (Withdrawal) Bill we will bring the EU regulatory framework into UK law. As I said, this matter is for consideration on a case-by-case basis. We already know that the John Innes Centre in Norwich, for instance, is undertaking work on oilseed rape. This is all about ensuring that the 15% to 25% of the pods that shatter are no longer shattered by gene editing. There are all sorts of ways in which we can gain enormous benefits from gene editing, and that is why I am encouraged by what the Advocate-General has said.

[Lord Deben (Con)]

Is my noble friend aware that gene editing plays a very important part in helping agriculture to fight climate change, and does he accept that we need to move fast on that if we are to meet the needs that the Government have adumbrated in their Clean Growth Strategy?

[Lord Gardiner of Kimble]

My Lords, I agree with my noble friend. The work undertaken in this country and around the world on a case-by-case basis could be immensely important in terms of climate change and hunger, as well as in dealing with disease and pests in animals and plants. We in this country believe that we should advance these techniques.