Plant Health (Amendment etc.) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Wednesday 23rd October 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the draft Regulations laid before the House on 22 July be approved.

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

My Lords, the regulations amend earlier EU exit regulations relating to plant health, to update the Plant Health (EU Exit) Regulations 2019 and ensure that recent EU-derived protective measures against the introduction and spread of harmful plant pests continue to remain effective and operable on leaving the EU. The Plant Health (EU Exit) Regulations 2019, which were debated in this House on 25 March, are an important element of the EU exit legislation that we have put in place for maintaining plant biosecurity. They set out the list of harmful pests and plant material that will continue to be regulated.

It is our responsibility—particularly mine, in my role as Minister for Biosecurity—to protect biosecurity across plant and animal health and the wider ecosystem. It is also important that we have a robust process of ongoing review to strengthen biosecurity protections, where this is possible and necessary after we leave. The regulations are specifically about protecting plant biosecurity. The amendments address technical deficiencies and inoperability issues relating to retained EU law on plant health that could arise when we leave.

I should make it clear that all the amendments introduced by the instrument are simply technical operability amendments and do not introduce any policy changes. They ensure that existing measures set out in EU legislation and national measures introduced under the EU’s plant health directive will continue to apply to the UK after we leave. The majority of the changes update the list of regulated plant pests and plant material and associated import and movement requirements relating to host material in the Plant Health (EU Exit) Regulations. They reflect recent amendments to the plant health directive made by Commission implementing directive 2019/523, as a result of technical changes in the assessment of risks presented by particular pests and diseases.

I would like to explain what all that means by way of a number of examples. The lemon tree borer is native to New Zealand. Despite its name, the larvae are generalist feeders, boring into the wood of a wide variety of trees. When Captain Cook first arrived in New Zealand, his naturalists collected a lemon tree borer in their first collection made between 1769 and 1771. This oldest collected specimen can be found in the British Museum and our aim is to ensure that it remains the only specimen in the United Kingdom. Adding the lemon tree borer to the list of regulated pests will mean that countries where it is present must ensure that consignments of plants for export are free of it and officially certify that that is the case. The UK pressed for this change to be made to EU legislation following occasional interceptions of the pest on imported plants, and this instrument will ensure that the new requirements will remain operable after exit.

The tobacco whitefly is one of the most economically important agricultural and horticultural pests in the world, due in part to its adaptability, wide host plant range and capacity to vector more than 110 plant pathogenic viruses. Despite its establishment in the EU, the UK remains free of the pest and has protected zone status. The changes included will further strengthen our protections against this damaging pest. In particular, they broaden the list of plant species that are subject to official control as well as the scope of those controls, requiring greater official oversight and pre-export inspections of those pathways which have most frequently been the cause of interceptions in the UK. I should add that this is a glasshouse pest and not a threat to the UK’s wider environment. As such, interceptions can be dealt with effectively, without the likelihood of longer term establishment of the pest. Nevertheless, we will continue to ensure that our import requirements are as robust as needed to mitigate the threat of infested plants being imported, which is why we will continue to review the effectiveness of these strengthened measures to check that they are achieving the desired outcome. If not, we will not hesitate to take further action.

The pine processionary moth is another pest for which the UK currently has protected zone status due to its establishment elsewhere in the EU. Its caterpillars are a threat to the health of pine and some other conifer tree species as well as a hazard to human and animal health. The caterpillars feed on the needles of pine trees and some other conifer tree species, and in large numbers they can severely defoliate trees. Like the oak processionary moth, pine processionary caterpillars have thousands of tiny hairs containing an irritating protein, which, if they come into contact with people and animals, can cause painful skin, eye and throat irritations and rashes and, in rare cases, allergic reactions. That is why it is so important that we continue to exclude this pest and keep our protections up to date. There is new information to confirm that cedar is a host of the pine processionary moth, so we have taken early action to ensure that this host is added to the scope of EU legislation on this pest, maintaining the robustness of our import protections. There have been no findings of pine processionary moth since the UK was designated a protected zone and we aim to keep it that way. These are some examples from directive 2019/523 which we intend to and must keep operable after exit.

The instrument also covers other recent EU decisions, most importantly from the UK perspective, to better protect against the emerald ash borer. Decision 2018/1959 suspends an option for the import of ash wood originating in Canada and the United States, which has been assessed as not being complied with reliably. In addition to these changes in EU legislation, the list is being updated to incorporate specific national measures that have been introduced under EU provisions to protect against the rose rosette virus and the oak processionary moth. These national measures reflect our proactive approach to plant health. We are taking timely, robust and technically proportionate actions in response to new risks.

Rose rosette virus is an extremely damaging disease of roses, widespread in the United States and part of Canada—where it has caused devastating impacts—and was found for the first time in India in 2017. The virus affects all roses, and it and its mite vector may be present in both plants and plant parts. Current EU regulations restrict the import of plants for planting from non-European countries to plants that are dormant and free from leaves, flowers and fruit, but this is not sufficient to prevent the entry of this virus.

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I thank the noble Lord for taking us through so many of the examples in the regulations today and, with appropriate assurances and explanations, I am happy to approve them.

[Lord Gardiner of Kimble]

My Lords, it may answer some of the general points that the noble Lord, Lord Grantchester, raised if I start by saying that protecting biosecurity is of supreme importance, not only to the Government but to the arrangements in this country. We are still free of very damaging pests, and we wish to remain so. We are undertaking research, which is the perhaps for another time, but some of the research on tree health and so forth will be tremendously important to us.

The noble Lord, Lord Grantchester, spoke about trade. Clearly it is important to facilitate the importation and movement of plant material, but it must be done in a biosecure way. The noble Baroness, Lady Bakewell, referred to material that is homegrown, and to seasonality. These are areas which we should think of more as consumers. I think that growing trees, shrubs, plants or flowers in Britain for environmental reasons, and for seasonality in the case of cut flowers, is the best and I actively encourage it.

My noble friend the Duke of Montrose referred to UK measures and the protections we have. We have had very good relationships with our European friends and partners. The Chief Plant Health Officer often gives a lead on these matters. On the real worry of Xylella fastidiosa, which has decimated the olive groves in southern Italy and is in other places, this country has been instrumental in driving stronger legislation which now applies across the EU for certain high-risk hosts. We are working very closely with the Horticultural Trades Association and the National Farmers’ Union to ensure there is guidance on Xylella to encourage good practice when sourcing plants. Work is going on in the Horticultural Trades Association on assurance schemes and on ensuring that when people buy British plants and trees they come with a high provenance. These are areas which we should work on.

Like the noble Baroness, Lady Bakewell, I read the SI and came across squarings and roundings. Many of the pests that we have reflected on in this debate, and others, are in the bark. That is why we need to have wood square for inspection so that there is no bark, which is one of the major sources and pathways for disease. Like her, I sometimes find statutory instruments impenetrable, so I always go to the Explanatory Memorandum first. I assure her that the regulations may be convoluted to us but they are very well understood by those who need to ensure that they are compliant.

The noble Baroness also mentioned oak. We have set up Action Oak and are doing research work with great institutions and universities to see what we can do to counter the travails of our wonderful, iconic national tree. If we are to import, we clearly must ensure that imports are pest-free.

The noble Baroness, Lady Bakewell, referred to cut flowers. I spent a day working with the inspectors at Heathrow, because a lot of our cut flowers come through it. If I have any further detail about other sources—I am mindful of her reference to Bristol—I will let her know. There is strong inspection of flowers coming in from non-EU sources, and there is the facility at Heathrow which I visited. However, she is right about cut flowers. We are taking these measures because of the rose rosette virus, of which we need to be very mindful. We have a specific risk and horizon-scanning team in Defra that monitors evidence and information, which, along with intelligence from the APHA inspectors on the ground, is fed through monthly in an attempt to identify and respond to new threats. She is also right about vertical salad food production and that whole area of innovation. Clearly, we need to be extremely vigorous in stopping the arrival of the tobacco whitefly.

On the regulation of pests and diseases and their impact on food production, we already have measures in place to protect important food crops such as potatoes and cereals. This instrument includes provisions that strengthen protection against certain pests that affect important food crops. As we have mentioned, the tobacco whitefly can spread viruses to salad crops, and the potato psyllid can spread a bacterium that causes zebra chip disease in potatoes. That, again, is an area where we have been instrumental in pressing for strengthened measures to protect our food crops.

The noble Baroness is absolutely right about peak dates such as Christmas, Valentine’s Day, Easter and Mother’s Day. The Netherlands is a prime source of flowers from the EU. East Africa is another source, and that is where most of the non-EU flowers and plants that are inspected as they are flown in come from. I have seen the inspections and can report that they are very effective. Timber inspection is carried out at many arrival points, and Heathrow, London Gateway, Felixstowe, Dover, Southampton, Liverpool, Humber and Teesport are all areas where we receive goods of which we need to be watchful.

The protected zone is an EU concept, and the UK is the most prolific user of the protected zone scheme. When we leave, these designations will no longer apply but we will maintain the same protections through our list of regulated pests and import and movement requirements. We will redesignate protected zones that apply only to certain parts of the UK as pest-free areas, in line with international standards. This applies mainly to protected zones currently in force in Northern Ireland. We will of course keep under review the need to introduce new pest-free areas in the future. I have a list of them and it might facilitate better understanding if I circulate a map and a list—that might help to bring the picture alive.

We obviously hope that we will be able to negotiate successfully with the EU on third-country access to the EU notification system, not only because that would be in our interests but because, candidly, as I hope I have outlined, this is an area where the UK has made a major contribution in seeking to enhance biosecurity both here and within the EU. I very much hope that this will be an area where mutual working can continue, as pests and diseases do not respect borders or even the 22 miles of the channel. All EU systems have publicly available elements that we will be able to access, although we have of course developed fallback positions should we lose access. As I said, this is an area where it is common sense for us to collaborate.

The noble Lord, Lord Grantchester, referred to the importance of recruiting inspectors. At the end of October, APHA will have recruited a further 107 full-time equivalents as PHSI inspectors and administrative staff. APHA is reviewing operational procedures to mitigate any resourcing and ensure that all services are delivered as and when required, as I said.

The noble Lord, Lord Grantchester, asked about our overall protection from plant pest threats. One of the great things that I have discovered as Biosecurity Minister is that we have a monthly biosecurity meeting with all the top officials, experts and scientists. One of the key features of that is horizon scanning all around the world. I have a list of every conceivable animal and plant disease along with their profiles and information on whether they are increasing, holding their own or reducing. This is an important element of our ensuring that the threats are kept at bay.

The noble Lord, Lord Grantchester, referred, for example, to woodchip particles. The regulations apply whether the material is intended for manufacturing, amenity use or industrial power. That is why it is important to regulate all possible pathways by which a pest can be introduced, whether via plants, timber, woodchips or bark.

Another issue mentioned by the noble Lord brings me to my final point. I have outlined, adequately I hope, that the Government are absolutely staunch on the issues of plant and tree health, investment and research, at both commercial and public level. Our policies on plant health EU exit instruments are risk-based and proportionate; that is clearly how we want to do things from day one but we will be considering anything that comes forward from the EU. It is important, since we have often been a leader, that we continue this collaboration. If, indeed, there were any new decisions from the EU on things that we had not already done and need to do—although I hope that we would already have done them—I can assure your Lordships that this is an area where, through Defra, the Food Standards Agency, APHA, and all the agencies, we have a prime responsibility to keep our country safe.

I will look at Hansard because there may be other distinctions, but I hope that I have explained why this instrument is important for us as part of our biosecurity regime.

Motion agreed.