Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Monday 13th May 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the Regulations laid before the House on 5 April be approved.

Relevant document: 58th Report from the Joint Committee on Statutory Instruments (special attention drawn to the instrument)

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

My Lords, I hope that it will be helpful to your Lordships if I speak to both the Animal Health, Alien Species in Aquaculture and Invasive Non-native Species (Amendment) (EU Exit) Regulations 2019 and the Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019, given the close connection between the two instruments.

It may also be helpful to explain why we are debating the Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 again when it has already had your Lordships’ full consideration. We are doing so because timetabling issues in the other place led to a delay in the instrument being made; that meant that it was necessary to withdraw the instrument and make it under the emergency procedure, under which we are now debating it. Both statutory instruments were made under the emergency procedure as both were required to support the UK’s application to the European Commission for third-country listed status for animal health purposes. As the Government have made clear, we are seeking a negotiated deal with the European Union, but we are taking responsible action to prepare for other scenarios.

The European Commission called a meeting of the relevant committee—SCoPAFF—on 9 April to consider the UK’s third-country listing application and made it clear that it required all relevant animal health legislation to be in place by that date. Both SIs therefore had to be made in a very short window of time as both contain amendments to animal health legislation. By using the emergency procedure to make the SIs, the UK was able to assure the Commission that all relevant legislation had been made, enabling member states to vote unanimously on 9 April to list the UK as a third country. This would have enabled the export of animal products and most live animals from the UK to the EU to continue in the event of a no-deal scenario on 12 April. The Government have taken care to avoid using the emergency procedure under the EU withdrawal Act, but we considered use of this procedure to be appropriate in this instance.

I want to make it clear that our biosecurity controls for animals and plants are paramount and that these instruments continue to contribute to ensuring that we will have the most robust arrangements in place to protect public health and the environment. The instruments make technical operability amendments covering animal health, plant health, aquaculture, invasive non-native species, seed marketing and seed potatoes, and will contribute towards ensuring that the legislation protecting our biosecurity is fully operable.

As the first statutory instrument has been debated in this House previously, I hope that it will be helpful if I summarise it. The amendments made by the instrument concern recent updates on animal health control measures relating to African swine fever in certain member states. Retaining this EU decision requires the appropriate Minister in the UK to display public information notices regarding the importance of biosecurity measures to prevent this pig disease being brought into the UK; it also prohibits the movement of live feral pigs.

On TSEs, a reference to a function of the European Commission in the Transmissible Spongiform Encephalopathies (England) Regulations 2018 has been amended to refer to the Secretary of State instead of the EU Commission.

Part 3 of the statutory instrument covers plant health. It amends the Plant Health (Amendment) (England) (EU Exit) Regulations 2019 and the Plant Health (EU Exit) Regulations 2019 to recognise arrangements with the Crown dependencies and deal with new EU plant health decisions, including controls on the red-necked longhorn beetle. I remember with some affection the debate we had on this particularly difficult beetle. As I said before, this is a damaging pest and a threat to a range of fruit and ornamental species in the UK, including cherry, peach and plum.

Regulations 4 and 5 recognise the arrangements with the Crown dependencies, following planned meetings concluded early in 2019, that will continue to facilitate the import and movement of regulated plants and plant products into the UK. The changes made by this instrument give effect to those arrangements. Regulation 5 also provides for the import of ash wood from the United States of America and Canada to continue under the same stringent derogation provisions after exit, ensuring continuity of supply for UK businesses without—I emphasise this—any compromise to bio- security.

The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 are also amended to enable UK plant passports to contain certain details in relation to the marketing of fruit plant propagating material and fruit plants. This is intended to avoid the need for dual labelling.

Part 4 of this statutory instrument covers seed marketing and seed potatoes, and applies to England as this is a devolved matter. Indeed, in the previous debate we considered the importance of consistency but also of respecting the devolved arrangements, which have worked particularly well. These regulations are amended to ensure that growers in England have continued access from the EU to new varieties of vegetables and a continued supply of seed potatoes for an interim period after EU exit. I remember the noble Baroness, Lady Bakewell, talking about the kalette during that element of our considerations. This instrument is required to attend to a number of elements of retained direct EU legislation to ensure operability and appropriate functioning.

I turn to the Animal Health, Alien Species in Aqua- culture and Invasive Non-native Species (Amendment) (EU Exit) Regulations 2019. This instrument amends four previous EU exit statutory instruments to ensure that the previous instruments work fully as intended. At this moment, I again extend my regrets and apologies, and I take responsibility if errors are discovered, but—as I have said before—given the pressures, I understand how these errors have been made. I put on record that I regret having to bother your Lordships with a piece of business about errors. I am open, transparent and straight about that, but I regret it.

The invasive non-native species instrument is amended to correct a small number of drafting and typographical errors that have been identified. An amendment has also been made to Regulation 7(3)(e) of the invasive species instrument to ensure consistency with the Invasive Alien Species (Enforcement and Permitting) Order 2019. The order provides for recovery of enforcement-related costs from importers by enforcement authorities, and this amendment provides certainty that importers are responsible for these costs.

The two aquatic animal health and alien species in aquaculture instruments have been amended to allow cross-references in the legislation to be more readily understood. I agree with that. Both instruments contain reference to an article in EU directive 2006/88 that has since been implemented by a more recent Commission decision, making these references redundant. These references have therefore been omitted from both SIs.

The instrument relating to the import of and trade in animals and animal products is amended as it revoked a 2006 Commission decision in error, instead of revoking a single article from that decision. This decision imposes the import requirements of fruit bats, cats and dogs from peninsular Malaysia and cats from Australia—intended to prevent the introduction of the Nipah and Hendra viruses—and is now correctly reinstated as EU retained law. The UK does not import any fruit bats, but a number of cats and dogs are imported from these countries and so it was clearly imperative that this situation has been rectified. Again, we are clear that there is no intention to weaken biosecurity standards and, again, I regret that this occurred. I am extremely pleased that, on further scrutiny, this was discovered and we propose through this instrument to sort it out.

Additionally, within the same instrument, lists of animal product commodities that require checks at UK border inspection posts are being amended to make the additional removal of products from the list an administrative function. The import conditions for animals and products remain in the legislation and so, again, there will not be a lowering of any standards.

I emphasise that this corrective instrument makes purely technical changes to these four existing EU exit instruments to ensure that they will operate correctly when we leave. This instrument does not introduce new policy but simply amends the original instruments so that they operate as originally intended.

The decision to use the urgent procedure was not taken lightly. It was deemed necessary in order to protect the biosecurity of the United Kingdom and to prevent financial losses and maintain trade by ensuring that the UK was able to achieve EU third-country listed status in the event of leaving the EU without a deal on 12 April. These instruments will ensure that our strict biosecurity controls with regards to animal health, plant health, aquaculture, invasive non-native species, seed marketing and seed potatoes are maintained. I beg to move.

[Baroness McIntosh of Pickering (Con)]

I thank my noble friend for introducing these two statutory instruments but regret the circumstances that he has set out. I welcome the opportunity to consider them and I have a couple of questions.

Mindful of the fact that we are on the eve of the Chelsea Flower Show, I wish to press my noble friend on the comments he made in relation to inspections and the role of the import controls. When these were considered in the other place on 9 May, our honourable friend David Rutley said:

“Notifications will be required for live animals, Germplasm and animal by-products not for human consumption, and high-risk food and feed are subject to vet checks”.—[Official Report, Commons, 9/5/19; col. 13.]


This raises a question not only about plants but about who will be responsible for the inspection for beetles. Will it be the responsibility of the UK border inspection or the importer? Will the importer pick up the cost of these inspections?

Page 44 of Statutory Instrument 2019 No. 809, refers to the policy on GMO and food and feed regulations. My noble friend has said that these two statutory instruments have been brought forward today in case there is no deal. It would be welcome if he could reassure me that our policy on GMO will not change in the event of no deal.

On a separate matter, I am keen that we use the same language as is used in this and other statutory instruments and regulations from my noble friend’s department, whether it relates to the import of plants, animals, potato seeds or other items within the remit of these two statutory instruments. We successfully amended the Trade Act, but I am concerned that the wording used in that amendment related only to plant and animal health. I would argue that it should extend to food safety. I realise it does not fall entirely within the remit of these statutory instruments, but I would welcome the opportunity to discuss this at greater length with my noble friend if we have the opportunity to do so. I am very keen that the language used by the Department for Environment, Food and Rural Affairs is the same as that used by the Department for International Trade to make sure that, when we look at these issues across departments, we entirely understand what is being considered.

My final question relates to my noble friend’s comments on Statutory Instrument 2019 No. 813. Page 3 refers to the import of fruit bats, cats and dogs. As he explained, we have no imports of fruit bats, for what purpose are they in the regulation before us today?

--- Later in debate ---

Can the Minister clarify what progress is being made in the talks with the EU to guarantee that we will not face greater biosecurity risks and that we will maintain alignment with the EU, including sharing scientific advances and information about new threats without delay? Can he also reassure us about the Government’s plan for future biosecurity collaboration with the EU post Brexit? I look forward to hearing his response.

[Lord Gardiner of Kimble]

My Lords, I am most grateful to all noble Lords. Curiously, this is quite a timely debate, because this week is Invasive Species Week. Tomorrow, after a meeting in the morning chaired by the noble Lord, Lord Teverson—I very much hope that some noble Lords will be present—I will be spending a few hours digging up American skunk-cabbage in Kent. If any of your Lordships would like to join me, I am sure that we can provide wellingtons and spades.

It is timely also because only this morning I had a meeting with the Chief Plant Health Officer and the chair of the Forestry Commission relating to the Chelsea Flower Show, which my noble friend Lady McIntosh referred to, and in particular on the resilience garden that Sarah Eberle is designing to record the importance of resilience and biosecurity. Perhaps it would be of interest to all your Lordships who have spoken if I were to send a note on some of the enhanced biosecurity arrangements being undertaken by the Royal Horticultural Society. For instance, because of oak processionary moth, oak will not be part of any display at Chelsea. There is an enhanced feeling about quarantine and the importance of these matters. I am very pleased that this has been a very determined point taken by Chelsea and the Royal Horticultural Society.

I will go through some of the points made by noble Lords. My noble friend Lady McIntosh asked about the fruit bat. This is before your Lordships because the EU legislation contains reference to fruit bats, so it would not be within the legal powers of the EU withdrawal Act to remove this from the instrument, despite the fact that we do not import fruit bats. The truth is that we are bringing over all the legislation. That is why many of your Lordships have had to consider such a range of issues.

My noble friend also raised the issue of GMO. It is absolutely right that we have very high food safety standards, and there are strict controls on GM crops, seeds and food. All GM products must pass a robust independent safety assessment before they can be marketed, and approved products have to be clearly labelled. These standards will not be watered down when we leave.

My noble friend referred to potentially compromising on food safety. I am prepared to say again that maintaining safety and public confidence in the food we eat remains of the highest priority and that any future trade deal must work for UK farmers, businesses and consumers. Any new products wishing to enter the UK market must comply with our rigorous legislation and standards. I say yet again that this is strongly felt in the department, and I understand why your Lordships raise this frequently.

My noble friend also raised new plant health costs and businesses. Consistent with the existing policy of recovering the cost of providing plant health services through charging those who use the services, fees will apply for any inspections undertaken. For example, documentation and identity checks, which will be required on regulated material from the EU, are charged at £9.71 in total per consignment. Checks on third-party material that enters the UK via the EU will be charged in the same way as third-country material that enters the UK directly.

Inspection of plants, which again my noble friend raised in respect of Chelsea, is an area where we have opportunities to think about heightened biosecurity. It is why, for instance, Grown in Britain is an important concept—not because, as great plant lovers, we have found that many of our plants are not native, but because the issues of biosecurity and pests and diseases have made us have to think more strongly, as we should, about the sourcing of plants from around the world and absolutely not permitting plants from certain parts. This is why, for instance, the EU, with the encouragement of Defra and the Secretary of State, moved very much more strongly on plant movements in those areas with xylella, for instance, with the buffer zones, precisely because it would be so devastating.

My noble friend Lord Deben, the noble Baroness, Lady Jones of Whitchurch, and other noble Lords are absolutely right—I do not for one minute see our leaving the European Union as signalling that we can put a barrier up. I say candidly that, although I have great sympathy with what the noble Lord, Lord Hylton, said—I will say more on this in a moment—22 miles is not wide enough. Yes, we should use the advantages of the sea, but the truth is that all eastern counties have ash dieback in the numbers that they do because of the spread across the continent. Cautiously, I say to my noble friend Lord Deben that I am afraid one of the lessons we should be learning is that the rigour of dealing with invasive species within certain countries of the European Union has not been as immediate.

I will give the example of the Asian hornet—of which we have had zero tolerance. Our rapid deployment force has eradicated every single one, because they are very damaging to our bees, and we rely on our bees and pollinators for so much to do with food production, and because they are a vital part of the eco-system. The Asian hornet arrived in a consignment from China, which is why immediate action had to be taken. The Channel Islands are having great problems because they are nearer to France. When the oak processionary moth arrived in an oak tree specimen, we did not immediately deal with it. That is why we are now seeking to contain the very damaging oak processionary moth in London and Surrey, pending better understanding through research.

[Lord Davies of Stamford (Lab)]

The whole House knows of the noble Lord’s expertise in this area, and of his genuine personal commitment to environmental protection and the avoidance of environmental harm. He says that other countries in the EU are not carrying out the existing EU rules on that subject as robustly as we are. Perhaps the rules themselves need to be strengthened. The matter is very important indeed. Does he agree that in those circumstances the best thing is to have very tough rules in the EU that are imposed effectively, and that states which fail to live up to their legal obligations be penalised? For that purpose, would it not be very desirable if we remained part of the European Union?

[Lord Gardiner of Kimble]

I rather thought that the noble Lord might take me in that direction at the end of his comments. He is absolutely right in his opening remarks about international collaboration. Whether within the European Union or the whole international family, we are subject to many conventions, and are considered world-leading. We have not got it all right. There are many lessons to be learned. I am very keen that we heighten biosecurity. Candidly, I see our mission on this as a global reach. Yes, our partnership with our very close neighbours and friends is going to be absolutely crucial as we all deal with invasive species, pests and diseases, because these species do not respect any border. That is precisely why our next set of instruments deal with a single epidemiological unit on the island of Ireland. This is a subject I could get a little carried away on.

I say to my noble friend Lord Deben that I absolutely understand about African swine fever. I receive regular commentary on its devastating impact, not only in central and eastern Europe and into Russia, but in China. It is a very dangerous and damaging disease, and the noble Baroness, Lady Bakewell, is right to say that all pig producers in this country are very worried indeed about it. That is why we are raising awareness through the newspapers and magazines in many languages for workers from eastern Europe, saying that they must not bring pork products back with them, for instance. We must raise awareness of personal biosecurity because of the outbreaks in the Czech Republic and Belgium. Although it has not been confirmed in the Belgian outbreak it is certain that, as I have said before, in the Czech Republic it was a loose connection to someone discarding a pork product. We need to be absolutely clear on that.

Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Monday 13th May 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the draft Regulations laid before the House on 3 April be approved.

Motion agreed.

Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Monday 13th May 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the Regulations laid before the House on 8 April be approved.

Special attention drawn to the instrument by the Joint Committee on Statutory Instruments, 58th Report. Relevant document: 24th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B)

Motion agreed.

Animal Health, Alien Species in Aquaculture and Invasive Non-native Species (Amendment) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Monday 13th May 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the Regulations laid before the House on 5 April be approved.

Motion agreed.

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

Lord Gardiner of Kimble Excerpts

Monday 13th May 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the Regulations laid before the House on 5 April be approved.

Relevant document: 24th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B)

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

My Lords, these instruments relate to biosecurity in Northern Ireland. Given their interconnection and for the convenience of your Lordships, they have been grouped together to enable co-ordinated scrutiny. They relate to trade in animals and related products, plant health, seeds and potatoes, and extend to Northern Ireland only.

The first two instruments, relating to trade and plant health, are among a small number of measures that have been made under the urgent procedure. Due to the importance of having them in place for exit—initially, 29 March and then 12 April—the timeframe did not permit us to lay them via the normal route. It was of the utmost importance that we were in a position to assure the European Commission that we had a complete statute book in advance of its consideration of the UK’s application for third-country listed status in the event of exit.

The third instrument, the Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019, was debated in the House of Commons on 23 April under the affirmative procedure. As it does not contain legislative amendments that would be critically needed to be in operation on exit day, it has not been subject to the urgent procedure.

These three statutory instruments largely mirror the amendments contained in instruments amending the corresponding legislation for Great Britain, which have already been considered by your Lordships. As with those instruments, the amendments presented today are technical and designed to ensure continued operability of legislation.

On checks on imports from the EU, these instruments do not introduce any change of policy and, in particular, do not impose any additional regulatory controls on imports from the EU, including those entering Northern Ireland from the Republic of Ireland. Importantly, they recognise that biosecurity risks associated with animals, animal products, plants and plant products from the EU will not change immediately on exit. They do not introduce any checks on the Northern Ireland border.

However, to ensure compliance with international obligations, the relevant instrument provides for some operational changes to the import arrangements for regulated plant and plant product materials. In essence, this would mean that the need for an EU passport for these regulated commodities would be replaced with the relevant certificate required under international law. As such, it is not expected that this would place an additional burden on industry. Controls on plants and plant products moving into Northern Ireland from the EU that do not currently require an EU plant passport would not change.

On checks on direct imports from non-EU countries, the same rigorous import controls that are currently applied in respect of animals, plants and associated products which enter Northern Ireland directly from a country outside the EU will continue.

On checks on imports from non-EU countries that transit the EU, all three instruments provide that there is no gap in controls in relation to animals, animal products, and plant and plant products that would present a risk to Northern Ireland’s biosecurity. The instruments debated do not—I emphasise “not”—in any way adversely impinge on the established partnership arrangements on animal and plant health matters on the island of Ireland, which is recognised as a single epidemiological unit. The noble Baronesses, Lady Jones of Whitchurch, Lady Bakewell and Lady Parminter, and I have all been fortunate enough to have exchanges with Northern Ireland officials from DAERA. I can safely say that they are clear that these measures are needed in terms of Northern Ireland’s responsibilities for the whole island.

The Trade in Animals and Related Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 amend Northern Ireland legislation relating to imports, transit through the EU of live animals, including horses, animal products, reproductive material used for animal breeding and bees. They also amend legislation regarding the movement of pet animals, which is clearly an important issue in Northern Ireland given the land border.

The instrument makes necessary technical corrections to the Trade in Animals and Related Products Regulations (Northern Ireland) 2011, a key piece of Northern Ireland legislation that sets out requirements for trade in live animals and genetic material with the EU and imports of animals and animal products from outside the EU. This instrument makes no policy changes to the 2011 regulations. It makes technical changes: for example, it replaces references to “EU” with references to “UK” and “legislation of the EU” with “retained EU law” where appropriate. It also removes provisions which would be inappropriate to retain following exit without an agreement. These include references to the tripartite agreement on movements of horses, which will cease to have effect here on exit, and provisions which stipulate EU requirements for the intra-Community movement of animals and genetic material and provide for the automatic circulation in the UK of animals and products that have cleared EU border inspection posts. It also provides for the transfer of the power to approve border inspection posts in Northern Ireland from the European Commission to Northern Ireland’s Department of Agriculture, Environment and Rural Affairs. This is achieved by amending the existing definition of a border inspection post in the 2011 regulations. Overall, this instrument ensures that the veterinary controls and other import conditions that the 2011 regulations provide can continue to operate with the necessary protections for animal and public health.

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[Lord Teverson (LD)]

My Lords, I have been very impressed by the debate. I remind Members of the House that there will be a debate on Wednesday afternoon on Brexit and biosecurity, which goes through this whole issue and applies much more broadly. The speakers’ list is still open. I am sure that the Minister and I would very much appreciate further participation.

[Lord Gardiner of Kimble]

I entirely agree with the noble Lord, Lord Teverson. I am very much looking forward to the debate; I rather think I am looking at a number of the participants already. I am most grateful to the noble Lords, Lord Browne of Belmont and Lord McCrea, for participating and emphasising that we wish this matter were being dealt with elsewhere. That should be the right way forward—it is the way mature politics needs to proceed—so I very much endorse what the noble Lord, Lord Browne of Belmont, and the noble Baroness, Lady Jones of Whitchurch, have said. In my view, the responsibility is really on everyone in the public service to ensure that these talks are productive and successful. Alas, as we all know, we are talking about people’s lives and communities. We want a better time for Northern Ireland—what a great place it is—so, although I should not be doing this, it is a privilege and we are seeking to do the right thing for Northern Ireland.

My noble friend Lady McIntosh hit on a vein: I think she and many of your Lordships know that I am rather keen on the horse. Obviously, the Government recognise the value of the equine sector to the UK economy. I also know—declaring an interest in that my wife’s family breed horses in County Tipperary—that it is of great importance to the rural economy of Northern Ireland and the Republic. We therefore need to do all we can to ensure the movement of horses between the United Kingdom and Ireland—and indeed France; across the piece—and to ensure that in some way we can continue what was the tripartite agreement. We need to work on some arrangement to ensure the free movement of horses, particularly bearing in mind biosecurity. We do not want any future arrangements to jeopardise something that is absolutely crucial, particularly in that thoroughbred end—racing—where pest diseases, viruses, et cetera, are absolutely kept to a minimum by high biosecurity.

How to find an arrangement to best succeed the tripartite agreement is something for negotiations. We all recognise—the UK Government and, I think, the Irish and French racing interests as well—that what we had was of value, and we need to see how we can work. This is why the British Thoroughbred Industries Brexit Steering Group is collaborating with Defra officials. We absolutely need to see what we can do for a very important part of the rural economies of the Republic and our country.

The noble Baroness, Lady Parminter, rightly raised a number of points about the resource implications and so forth. My understanding of the sort of numbers under a new regime is that the five inspectors would need to be increased to 11—a doubling. All consignments of regulated—that is, high-risk—plants and plant products currently imported from the EU under the existing EU passport system would require pre-notification, to be accompanied by a phytosanitary certificate and subject to remote documentary checks in the event of exit without an agreement. This plays into a point that I emphasised and that the noble Baroness, Lady Jones of Whitchurch, acknowledged: this is precisely because neither we in this country nor the Republic want to have checks at the border. We think there are ways in which these matters can be checked. As we said in the previous debate, we should not be nervous of thinking about the best ways of heightening biosecurity. Making this the responsibility of a country’s plant health authority has that strength and imprimatur. If we import something from Italy, say, it will be the Italian plant health authority that has to signify the phytosanitary certificate. We should not be fearful of some elements of this new arrangement because they are about what we increasingly need to look at.

Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Wednesday 8th May 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the Regulations laid before the House on 5 April be approved.

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

My Lords, I declare my farming interests as set out in the register.

The purpose of this statutory instrument is to ensure that the regulatory baseline currently applicable in the UK under European Union legislation will be maintained on the UK statute book and can continue to operate effectively after exit. This instrument does not make any policy changes. It consists of a series of technical amendments that are essential to ensure that two new amending EU common agricultural policy regulations are retained in UK law at the point of the UK’s withdrawal from the EU.

This instrument is among a small number of affirmative statutory instruments that have been made under the urgent procedure. The urgent procedure was used because during March 2019 the European Commission introduced two new amending EU CAP regulations and it was essential that the UK should retain these amendments in an operable form in advance of a possible no deal exit on 12 April 2019.

The two new amending EU common agricultural policy (CAP) regulations are EU regulation 2019/288, which applied to all member states from 1 March 2019 and relates to direct payments to farmers under the CAP; and EU Commission delegated regulation 2019/428, which took effect from 26 March 2019 and relates to marketing standards in the fruit and vegetables sectors under the common organisation of agricultural markets (CMO). The instrument also takes the opportunity to make a few minor typographical corrections and, in the case of Regulation 3(3), removes a duplication in a small number of previous Defra EU exit SIs. Again, these amendments represent no change to policy. Agriculture is a devolved policy area and Defra has worked closely with devolved Administrations, who have all given their consent to this instrument.

As I explained on 20 March 2019, when we debated a number of instruments concerning the common agricultural policy, the UK Government have pledged to continue to meet their funding commitments in the agriculture sector. This SI, by taking account of the EU’s regulatory updates, fine-tunes Defra’s direct payments EU exit instrument, ensuring that the flexibilities to manage the budget between Pillar 1 and Pillar 2 are reflected and up to date.

The EU direct payments provisions amended by this instrument will enable UK relevant authorities to continue to have the flexibility to decide whether to transfer funds from the direct payments budget to the rural development budget via an inter-pillar transfer. This inter-pillar transfer provision was available across the United Kingdom in previous years of the CAP and has been used by England, Scotland and Wales in those years, but was limited up to and including the 2019 direct payments scheme year. Defra had already intended to address that regulatory gap for the 2020 scheme year via domestic legislation. However, the EU has now decided to make an inter-pillar transfer provision available to member states for the 2020 scheme year. That decision came into effect via new EU regulation 2019/288 on 1 March 2019, and Defra has taken the earliest available opportunity to account for these changes through this instrument. This instrument will retain the valuable flexibility currently afforded to UK relevant authorities. This will enable direct payment and rural development funding levels for 2020 to be maintained in line with previous years.

For the common market organisation, this instrument amends provisions of an existing exit SI as regards marketing standards for mixes of fruit and/or vegetables and citrus fruit. The EU has recently undertaken some refinements of its regulations on marketing standards for fruit and vegetables to align the EU marketing standards with the latest United Nations Economic Commission for Europe marketing standards. It has also clarified that marking and labelling requirements for small packages of mixed fruit and/or vegetables apply equally to mixes of fruit, mixes of vegetables and mixes of fruit and vegetables. That update came into effect on 26 March 2019, and the version of the EU marketing standards regulation that will be retained in UK law on exit will include this update. We want to ensure that this regulation is operable in the UK at the point of leaving, taking this amendment into account. The updates made by this instrument are therefore only technical in nature, such as ensuring that labelling changes are applied consistently and updating references to other provisions. This will provide clarity to stake- holders.

Finally, we have used the opportunity provided by this instrument to make minor technical amendments to four EU exit statutory instruments relating to the CAP that were made by Defra between February and March 2019. By way of example, Regulation 3(3) of the instrument omits a duplicated provision. Regulation 6(2) amends a phrase in a non-operative section of a domestic SI describing a provision of retained EU legislation to ensure the terminology is consistent with the exit statutory instrument that amends the provision described as “appropriate authority” rather than “relevant authority”. Neither amendment has a practical implication; they merely tidy up the statute book. The other corrections are essentially of a typographical nature, such as use of the word “of” instead of “or”; taking account of different phrasing in the EU regulation; and correcting an instance where the text quoted in the statutory instrument does not match the text in the retained EU regulation.

I take full responsibility for the errors, and obviously I regret any error. As I have said before, my task is to ensure that everything is right. I assure your Lordships that we felt it better to attend to these, so that the statute book was perfection. I am being absolutely open when I say that we need to attend to them. I hope your Lordships will understand that I am always disappointed to have to offer my regrets about inaccuracies, but is it not far better to be straightforward? I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I take this opportunity to thank my noble friend for bringing forward these regulations today. I also take the opportunity to thank his department, which had to deal with more statutory instruments in a record time to enable us to be prepared for what could still be the eventuality of Britain leaving the European Union with no deal. I know that this has been at some considerable human cost to his department.

My question relates to information from the new Minister for Agriculture in the other place, right honourable friend Robert Goodwill. As my noble friend alluded to in his introduction, the Minister set out the ability for inter-pillar transfers between Pillar 1 and Pillar 2. When this was considered in the other place, our right honourable friend stated that,

“inter-pillar transfers of up to 15% can be made from year to year”.

He went on to elaborate:

“England has availed itself of 12%, Scotland 9.5%, and Wales 15%—the full amount”.—[Official Report, Commons, Second Delegated Legislation Committee, 7/5/19; col. 8.]


As of that date, Northern Ireland had yet to avail itself of the transfer because of its particular circumstances.

What my noble friend has brought forward today will ensure that we will be prepared to leave. I congratulate him on his honesty in identifying the errors that were made, inevitably, in bringing forward so many statutory instruments in such a short time. What will be the position relating to Scotland, Wales and Northern Ireland in the run-up to and post 2020? I also welcome the commitment that funding will still be in place, as I understand it, until that time. What is the status of the framework agreement that will, presumably, come into place to deal not just with agriculture but with fisheries and a number of other areas relating to my noble friend’s work in the department? I understand that it will be the UK Government who will decide what the position is for agricultural policy at that time. At the moment, Scotland and Wales have been able to have a differential in the transfer between Pillar 1 and Pillar 2. Will they lose that flexibility going forward, either before or after 2020?

I intend, however, to give a fair wind to the statutory instrument before the House today.

--- Later in debate ---

[Lord Grantchester (Lab)]

I thank the Minister for his introduction to the regulations. I declare my interests as set out in the register, being in receipt of EU funds. The House may well have thought it had dealt with the multitude of EU exit orders prior to the UK’s non-exit on 29 March, but they continue and will continue. With such a torrent, it is not entirely unexpected that there may well have been minor drafting errors to correct and technicalities to update and I appreciate the conciliatory way the Minister has addressed those issues today. Those issues will not detract from the praise due to him and his team for how he has handled the process and undertaken discussions around the House across a wide range of subjects in such a short period. I think his department probably comes second only to the Treasury in the number of statutory instruments it has to process.

These regulations amend five previously agreed EU exit orders to correct minor drafting errors and incorporate recent amendments made by the European Commission to CAP legislation relating to direct payments and marketing standards in the fruit and vegetable sectors, even those made as recently as 28 March. The main alteration is that member states are now able to make further inter-pillar transfers from Pillar 1 direct payments to Pillar 2 rural development for a further year until 31 December 2019. In the UK, decisions on inter-pillar transfers are devolved. The other pertinent amendments make it clear that marketing standards for mixes of fruit and vegetables apply to mixed packages and make a number of small changes to the general and specific marketing standards in order to align the UK marketing standards with the latest United Nations Economic Commission for Europe marketing standards.

Of note is that continuing updates are likely as negotiations continue around the UK’s EU exit as regards continuing changes made at EU level. While this is clear up to the date of exit, will the Minister confirm what this means in relation to any transition period? I note that the noble Baroness, Lady McIntosh, has concerns on these issues. When any divergence between the EU and UK could begin and the Government’s policy in any transition period are of great importance. Will the Minister confirm my understanding that during any transition period after EU exit day the Government will continue to incorporate into UK law EU measures to ensure the operability of the statute book? Again, I acknowledge that certainty will be maintained with regard to the existing regime through the Treasury’s guarantee to continue the status quo. The importance of that was highlighted by my noble friend Lord Jones in relation to sheep farming in Wales.

These regulations update EU regulation 1307/2013 to give effect to the new discretion for member states to continue to determine inter-pillar transfers of up to 15% up to 31 December 2019. It is worth reflecting that there is already divergence in the rate between the constituent parts of the UK, with Scotland, as noted by previous speakers, at 9.5%, England at 12% and Wales already at 15%. Can the Minister confirm what the position could be in relation to Northern Ireland and say who, in the present predicament, would make any decisions there? Can he also confirm that the devolved Administrations will still be able to decide their own flexibility for inter-pillar transfers? Does it concern him that the range between 9.5% and 15% is considerable and could affect food production and competition within the UK?

Paragraph 7.7 of the Explanatory Memorandum says:

“The impact of the amendments … is deemed to be negligible”.


I agree that this added year for any decision regarding transfers is in itself negligible but the decision to increase the transfer rate is certainly not negligible, and the monetary change can affect farmers, the food chain and the environment. Will the Minister acknowledge that a change in the rate of transfers between Pillars 1 and 2 is significant?

Perhaps I might also follow up with a concern. As the Minister knows, the Rural Payments Agency has had, and continues to have, problems with performance. What action are the Government taking to improve performance with the BPS while the UK remains part of the CAP and to ensure that the RPA’s structure is able to adjust to any new regime consequential to a new agriculture Bill?

It is important to the food chain that marketing standards in the fruit and vegetable sector continue to function effectively to protect the interests of consumers as well as businesses in the sector. Does the Minister agree, and the Government commit, to the continuation of common standards with the EU after Brexit? The continuation of close co-operation with the EU is imperative for agriculture, industry and consumers. Otherwise, I am very happy to approve the regulations before the House today.

[Lord Gardiner of Kimble]

My Lords, I acknowledge the generous thanks that have been expressed to the department. It has been a great privilege to work with lawyers and officials in Defra, and we will be attending to some other statutory instruments on Monday. I think that all your Lordships will agree that, whatever our views on the matter, we should acknowledge that officials in the department have worked literally through the night on many occasions, and we should be extremely grateful to them. It is also appropriate to point out that there are times when we all work together very well, and I want to place on the record the co-operation and understanding that there has been in this project to try to get the statute book in order. Whatever our views on the matter, we have all sought to get it right. Although we will be returning to the fray with other statutory instruments on Monday, I wanted to acknowledge that.

My noble friend Lady McIntosh of Pickering made the point that much of the guts of the inter-pillar arrangements is, like agriculture, as we all know, devolved. That means that each part of the United Kingdom has always made its own decision on these matters and indeed on whether to carry out an inter-pillar transfer. In the case of Northern Ireland, that has been its decision, but Northern Ireland was keen to be part of this statutory instrument on the basis that it gives the flexibility to consider that option if it so wishes. It is up to each UK Administration to decide what level of budgetary transfer they wish to make for the 2020 direct payment scheme. As I have said, that is the way I think it should be.

Kew Gardens (Leases) (No. 3) Bill [HL]

Lord Gardiner of Kimble Excerpts

2nd reading (Hansard): House of Lords
Tuesday 7th May 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the Bill be now read a second time.

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

My Lords, as the Minister with responsibility for the Royal Botanic Gardens Kew, I am delighted to bring forward this Bill. First, I place on record from the outset my appreciation for honourable Members in the other place, and indeed my noble friend Lord True, for promoting similar Bills on Kew via the Private Members’ Bill route. I know that many of your Lordships have a keen interest in supporting Kew; indeed, my noble friends Lord Eccles and Lord Selborne were closely involved with Kew as previous chairmen of the trustees.

Kew is a scientific institution of the utmost importance, not only for the UK but as the global resource for knowledge on plants and fungi. We face immense challenges when it comes to the preservation of the natural world. Within this challenge, it is clear that there is an essential role for plants and fungi. Kew will help to provide answers about how plants and fungi will help us to survive. It has world-renowned collections, including the Millennium Seed Bank at Wakehurst, and the Herbarium at Kew itself. The restoration and digitisation of the Herbarium will need considerable investment and will make the collection accessible globally.

Kew’s scientific research leads the world. With more scientists today than at any time, its research is crucial in solving the challenges facing humanity today. Kew plays an extraordinary global role in partnership with scientists, educational experts and communities, promoting research, education and conservation. It does so much to involve the public, with over 2 million visits to Kew and Wakehurst each year, and around 100,000 pupils on school visits. It is building a wider understanding of plants and fungi and why they matter to us all.

I turn to this two-clause Bill. Not only is Kew an extraordinary scientific institution but its estate includes many special buildings and structures, more than 40 of them listed. It is a considerable challenge to ensure the maintenance of both core and non-core structures, which, due to their historic nature, is undertaken at considerable expense. For instance, the restoration over six years and reopening last year of the Temperate House is a tremendous achievement of Kew’s mixed funding approach. I thoroughly recommend to any of your Lordships who have not been to see it a visit to that extraordinary work.

Non-core parts of the Kew estate include some listed residential buildings near Kew Green, which badly need investment to maintain and enhance their condition and enable Kew to realise additional income. Attracting capital investment to refurbish buildings within the boundaries of Kew is one of the great opportunities available, but the current 31-year limit on leases has made that difficult to realise.

The Bill will allow leases to be granted on land at Kew for a term of up to 150 years. Currently, the Crown Lands Act 1702 limits leases at Kew Gardens to a term of 31 years. Longer leases will enable Kew to realise additional income from land and property and will reduce maintenance liabilities and running costs. The additional income generated will help Kew to achieve its core objectives, maintain its status as a UNESCO world heritage site, and prioritise maintenance and development of its collections, as well as improving the quality of its estate. The Bill has the full support of the Kew board and residents in the Kew area, in particular through the Kew Society.

I have reflected on what may be the challenges to the Bill. The various safeguards that apply now would still apply to any lease granted under the Bill. Kew’s activities are overseen by Kew’s board and by the Secretary of State for the Environment, Food and Rural Affairs. The Royal Botanic Gardens, Kew, is an executive non-departmental public body and an exempt charity. It is governed by a board of trustees established under the National Heritage Act 1983. As an exempt charity, although the Charity Commission does not regulate it, it must abide by charity law, with the Secretary of State as Kew’s regulator for charity purposes. This regulation is co-ordinated between the Charity Commission and the Secretary of State.

To ensure that Kew’s operational arrangements comply with the National Heritage Act, public and charity law, a framework document exists between Kew and Defra dealing with business planning, resource allocation, appointment of board members and, pertinently, the disposition of land. Thus, at all times in the governance process, the board of Kew, the Secretary of State and Defra play a key role in determining the operational management, and would continue to do so in the grant of any lease under the Bill.

Secondly, Kew’s UNESCO world heritage site status and other designations offer protection under the planning system which would apply to any lease granted under the Bill. Kew was inscribed as a UNESCO world heritage site in 2003 due to its outstanding universal value as a historic landscaped garden and world-renowned scientific institution. As a result, the UK Government, through the Kew board and the Secretary of State, have the ultimate responsibility for ensuring the protection, management, authenticity and integrity of the property.

As part of UNESCO world heritage site status, Kew has a management plan to show how its outstanding universal value as a property can be preserved. This includes protections and mechanisms in the planning system, including conservation areas in the London boroughs of Richmond and Hounslow, offering protection to the Kew site itself and a wider “buffer zone” that protects the historic landscape character of Kew. The Kew Gardens site is grade 1 on the Historic England register of historic parks and gardens of special historic interest in England. Much of its site is designated metropolitan open land, applying similar protection to that offered to green-belt land. Forty-four of the buildings and structures in the site are listed; indeed, Kew is part of an archaeological priority area. These protections mean that any lease would require local planning permission and compliance with the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, the National Planning Policy Framework and the Government’s policy for the historic environment.

Thirdly, conditions would apply to the lease itself. In accordance with the duties that both the Kew board and the Secretary of State must carry out, the lease, while seeking to be commercial, will be capable of applying the necessary restrictions that will protect Kew. The Bill disapplies the restriction in Section 5 of the Crown Lands Act 1702 relating to leases of land at Kew: it will remove the limit of 31 years and apply a maximum of 150 years. This will bring Kew in line with the provisions made for the Crown Estate by the Crown Estate Act 1961. The changes provide the ability to grant longer leases on the land. The Bill would not alter the many protections in place for Kew and its status as a world heritage site. All proposals for granting leases are subject to scrutiny and must go through Kew and Defra’s governance. All proposals must comply with the protections in the planning framework and, in every case, the lease will contain any restrictions that may be necessary. The very status of Kew and all the protections it comes with make its property one of the safest in terms of conservation that could be envisaged.

In conclusion, I emphasise that this is very much Kew’s Bill. It is about enabling Kew both to manage assets on a sound and sustainable commercial footing and to enhance the site and support its core objectives. Kew’s trustees need this Bill to do what is necessary. The Bill is an opportunity for us to support Kew. Enabling it to maintain and enhance both core and non-core parts of its estate will be crucial to its long-term success and its global role in addressing the many challenges of enhancing a natural world that is undoubtedly in trouble; plants and fungi, and a better understanding of them, will help us enormously to meet those challenges. As I said, this is a two-clause Bill. It may be modest in size but, once enacted, its impact will be of immense benefit to Kew and help it further in its valuable work, which has been described in previous weeks, perhaps previous years, as part of our generation’s custodianship, ensuring that we know more answers about how we will turn things around. Probably unknowingly, previous generations have done things to this planet that we all now regret. As the Minister responsible for Kew—one of the biggest privileges in government, I think—I see the scientists and management there on a very regular basis. This Bill is one that they desire and that will help them to do so much of what we desire. I beg to move.

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, the debate has been exceptional. The truth is that we all love Kew but we also admire and respect it. I was interested to hear about the family connection of the noble Lord, Lord Whitty. We in this country should be immensely proud of such provenance.

My noble friend Lord Hodgson mentioned soft power. At the last CHOGM, which was held in this country, I was tremendously proud when, while the leaders were deliberating other matters, Kew arranged for the spouses of the leaders of the Commonwealth countries to be shown a plant from every Commonwealth country. What is a better example of soft power? Richard Deverell, the director, was not with us for last week’s briefing meeting, to which noble Lords were invited, because he was busy in China. Kew has a global reach, whether in Madagascar, China, vulnerable parts of the world or Wakehurst. I should say immediately that the Bill is not at all related to Wakehurst, which is owned by the National Trust; this is about the Crown land at Kew.

As I said, Kew Gardens is one of the world’s most iconic—I would say the most iconic—botanical gardens. Yes, it is home to beautiful grounds and historical buildings but, as I deliberately said, I am very proud of the fact that we have the largest number of scientists at Kew that there has ever been. The noble Baroness, Lady Jones of Whitchurch, referred to cuts. As my noble friend Lord Eccles, said, at times of national difficulty, all institutions and departments must play their part. However, the fact is that there are now more scientists at Kew than there have ever been; it was very generous and quite right of the noble Lord, Lord Wrigglesworth, to refer to the staff and volunteers too. The esprit de corps among the staff is tangible, as it is among the volunteers. Not only do visitors benefit from that, but I know how much volunteers enjoy working at Kew.

A number of points have been made, quite rightly. I am happy to email a copy of the Kew strategy to 2020-21 to noble Lords who have participated in the debate. It is entitled Unlocking Why Plants and Fungi Matter. The noble Baronesses, Lady Warwick of Undercliffe and Lady Kramer, specifically asked about it, but I think that the document is useful to us all. This is what it says about creating the world’s leading botanic gardens:

“We want our botanic gardens to be a reason for people to visit the UK and for British residents to make the journey across the country”—


I rather think that that may be from Somerset and Leicestershire for my noble friends. It goes on:

“We want our visitors to be representative of society and will positively act to ensure there are opportunities for a greater diversity of people to be drawn into our gardens”.


Several noble Lords referred to the next generation. The new children’s garden at Kew is going to be a fascinating place for play and learning. We very much want all members of the community both locally and beyond to feel that Kew is their place too.

The noble Baronesses, Lady Warwick, Lady Kramer and Lady Jones of Whitchurch, asked about the funding. It is the intention that the proceeds which result from this Bill should provide an additional source of income for Kew. The latest spending review settlement extends to 2019-20. The noble Lord, Lord Carrington, and my noble friend Lady Byford referred to income. While the full scale of the benefits have not been fully market-tested, depending on options and planning decisions, the advice from Kew is that they would be likely to generate up to £15 million of income and cost avoidance, along with the chance to explore further opportunities as the result of this legislation. Kew intends to invest the income in infrastructure, enabling it to deliver its mission.

The noble Lord, Lord Carrington, and the noble Baroness, Lady Jones of Whitchurch, referred to the group of non-core estate properties that Kew wishes to attend to. As has been said, there are four houses and three flats on the edge of the site, mainly on Kew Green. The five properties are currently let on one-year leases following renovation work which has been partly funded by a loan. Two properties are unoccupied and require substantial renovation work to bring them up to a habitable condition. This is about ensuring that non-core property can be attended to and for the income then to go towards enhancing infrastructure and the core properties, which is what the Kew trustees wish to attend to. Kew will focus on this portfolio of properties in the first instance, in particular the two unoccupied properties. I am sure that there will be other opportunities.

In my opening remarks I deliberately emphasised that if there is a parcel of land in this country with more safety valves and oversight, I do not know it. Kew has all the designations in terms of conservation, local planning, its UNESCO site status and grade 1 listings. The land is overseen by a board of trustees along with the Secretary of State and, indeed, there is a memorandum of understanding between Defra and the Charity Commission. When reflecting on this candidly with officials, I could not think of a place that has more protections. I would be very interested—as a matter of scientific or nerdy interest—in whether any other parcel of land has the protections that we have quite rightly placed on this one.

In earlier documentation, reference was made to a £40 million; that was in 2015. On further reflection, Kew has looked at this realistically, with the residential properties in mind and the considerable cost of the two unoccupied properties, and realised that the majority of this benefit will be over the first 10 years via capital receipts and cost avoidance—although there may be ongoing revenue impacts over the 150-year period, if a lease were to be granted up to that period. As I said in my opening remarks, this legislation enables exactly the same protections whether it is up to 31 years or 150 years. I say to the noble Baroness, Lady Jones of Whitchurch, that the trustees and the Secretary of State will not permit unsuitable use of these properties—and I use the word “unsuitable” perhaps advisedly. I put on record that there is absolutely no intention of that. This is about a benefit to Kew; it is not about detracting from its reputation. It is about enabling these buildings, in particular the non-core estate, to be habitable—as is the case for two of the buildings—or in a much better condition than they are now.

A number of your Lordships, specifically my noble friend Lady Byford, asked about the proportions of income: 36% is from Defra grants; 26% is visitor and commercial income; and 38% is from private grants and donations. Having been responsible for Kew since 2016, my experience is that, four-square, the mixed-funding model has worked extremely well. By way of an example, Kew’s herbaceous borders—probably the longest in the world—were opened with Defra paying for the attractive gravel tarmac and a very generous philanthropist paying for the border. I do not expect the philanthropist was very keen on the tarmac, but they were engaged with the longest herbaceous border in the world. I do not resile from the fact that the mixed-funding model is absolutely right. The mixture of state funding from Defra, commercial income from non-core property and visitor centre engagement, and philanthropy and so forth is appropriate. My experience of going to Kew a great deal is that it embraces ever more people in its work; whether it is a large or small donation, far more people are embraced. The local residents of Kew, and their regard for its importance, are a key component of that.

A number of other issues were raised. My noble friend Lady Byford mentioned the importation of pests, and the noble Baroness, Lady Kramer, talked about oak processionary moth. I could not regret more the loose connection some years ago of a tree coming from the continent with oak processionary moth. We are using every endeavour to restrain the spread within Greater London and a part of Surrey. We are holding the line with it deliberately, pending research and work. I do not know about previous occasions, but there is active collaboration in Richmond and with the Royal Parks. I spent a day there and saw a tree with 60 nests being removed. The success of this wretched caterpillar and moth is phenomenal, and we need to do all we can about it. Kew is absolutely clear about that, as is RHS Wisley; there is great ongoing collaboration on that. Of course, the research that Kew undertakes on many of these issues is also vital, such as for the fungal disease in ash trees that we have heard about.

The noble Lord, Lord Whitty, and my noble friends Lady Byford and Lord Hodgson raised issues about the decision-making on the granting of leases. The legislation will enable the Secretary of State to grant longer leases on the land at Kew Gardens. The Secretary of State will not grant a lease without the recommendation of the Kew trustees, who will always consider the options in the light of their duty to deliver their mission and statutory duties best. The Kew trustees will of course retain the power to grant leases of up to a year if they so choose.

I just want to re-emphasise to the noble Lord, Lord Whitty, who queried whether the changes could in any way endanger Kew’s world heritage site status, that any proposals for new build or changes to buildings or their use, including the wider estate, will continue to be subject to rigorous review and to the highly restrictive planning requirements of a UNESCO world heritage site. There are rigorous planning consents required for developments at Kew Gardens. Kew is in the process of updating its world heritage site management plan, which will be approved by UNESCO, with the firm intention of maintaining world heritage site status into the future. By generating income from its estate, Kew’s plans will help enable it to achieve its core objectives as well as retention of UNESCO world heritage site status.

I will look in Hansard at the specific points on the charity matters that my noble friend Lord Hodgson referred to. As the principal regulator, the Secretary of State has a duty to take reasonable steps to ensure that Kew is complying with its duty under charity law. The Secretary of State has a relationship with the Charity Commission as set out in the Defra-Charity Commission memorandum of understanding. For a body to be a charity, it must exist for its charitable purpose for the public benefit only and therefore must demonstrate independence from any forces that might seek to prevent it doing so. The Charity Commission’s review of the register reports that, where a governmental authority has been given powers under a charity’s governing document—in this instance, the National Heritage Act—it is bound to exercise those powers solely in the interests of the charity, and therefore the Secretary of State cannot exercise that power for the Government’s own benefit. I should also say that I have studied the memorandum of understanding, and I am very happy to discuss that issue with my noble friend if he wishes.

My noble friend Lord Eccles referred rightly to biodiversity. Our forthcoming environment Bill will help us meet our ambitions, which surely must be right in these current times, that we leave the environment in a better state than the one in which we found it—of course, we have a lot of work to do to secure that. We have also committed to working with partners at home and abroad to build support for an ambitious post-2020 global biodiversity framework, putting greater emphasis on the vital role that our natural environment plays in improving our well-being and economic prosperity. I mention that, as did my noble friend, because Kew has an enormous locus in this matter.

Like the noble Baroness, Lady Warwick of Undercliffe, I think that the Hive is an extraordinary experience. It came from the Milan Expo, and we fought quite hard, really, to get it to Kew, which seems such an appropriate place for it—it was Wolfgang Buttress who created this extraordinary place. For any of your Lordships who have not seen the Hive, I should say that it attracts not only children but an enormous number of adults, too. I think the children aspect is really important. The noble Baroness, Lady Kramer, also mentioned the children’s area. I agree, and that is why I opened my remarks with that. I assure your Lordships that Kew is fully seized with the need to ensure that ever more people, with a greater diversity of background and interest, can see that Kew is the answer to a lot of our travails.

To my noble friend Lord Selborne who took us back to Joseph Banks and the rows of earlier days, I say that we are extremely fortunate in Richard Deverell and his executive team; they are so well regarded around the world. With reference to the UN, I am pleased to say that this could not be a more timely affair.

My noble friend Lord Holmes referenced the five Olympic rings and I have mentioned CHOGM, which is extremely proud-making. My noble friend Lady Byford referred to international students; I have met many students there from overseas, which is also immensely important. The noble Baroness, Lady Jones of Whitchurch, referred to restrictions placed on Kew as a result, in effect, of it being listed as a world heritage site. Listing as a world heritage Site sets certain obligations rather than additional restrictions. It is within that prism that Kew is on the list. The local planning authority, advised by Historic England, is responsible for deciding whether a proposed development should go ahead. As I said, Kew is located in conservation areas, about which there have been various references; I will write to noble Lords more fully on that as my time is sadly reaching an end.

The current donor engagement strategy is guided by an organisational ethical position and third-party engagement policy. Kew looks at major funding opportunities on a case-by-case basis while, clearly, considering financial, legal, ethical and reputational factors. The estate strategy is not in the public domain but I would be very happy to discuss it with any of your Lordships who feel that would be helpful, and to offer any appropriate reassurances.

Many points have been made. I believe this Bill—and the need for us to extend the licences—is appropriate, not only to deal with a non-core estate when there are many demands on the core estate, but also as a way of generating income to do the important work that Kew undertakes for us. I am sure that we will discuss these matters at further stages. I am hoping for a speedy passage, as your Lordships can imagine, as I think this Bill is worthy of that. In the meantime I would be extremely grateful if your Lordships would consider giving the Bill a Second Reading.

Bill read a second time and committed to a Committee of the Whole House.

Plastics: Reduction in Use

Lord Gardiner of Kimble Excerpts

Tuesday 7th May 2019 Lords Chamber

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

My Lords, we are already working with industry to reduce our use of plastics. Key to this will be our reforms to the packaging waste regulations. We will shortly publish the response to our proposals on banning plastic straws, stirrers and cotton buds. Our response to the proposals on extending and increasing the plastic bag charge will follow thereafter. Where existing powers are insufficient to match our ambition, we will seek additional powers in the environment Bill.

[Lord Dubs (Lab)]

My Lords, will the Minister consider a sentence from the answer given to this House last month on the same topic? It referred to the Government’s,

“plans to eliminate all avoidable plastic waste by 2042”.—[Official Report, 10/4/19; col. 491.]

That begs a lot of questions, as it is a long way ahead. What about unavoidable plastic waste? Surely that can also be dealt with. We know about the statistics—the Minister will be fully aware of them—on the dangers to marine life and the thousands of years that it takes for plastic to degrade. Plastic has been found north and south on this planet, from the Arctic to the Antarctic. Surely we require more drastic action than that.

I have had an interesting e-mail from Waitrose about what it is trying to do. Will the Minister comment on two specific suggestions? First, can he develop a clear, visible kitemark on all packaging to indicate whether it contains plastic, and whether it meets decent standards? It would be a kitemark agreed throughout industry. Secondly, what about having an annual award to industry—I would like, without his permission, to call it the David Attenborough award—for the company, business or local authority that does best each year in getting rid of plastic?

[Lord Gardiner of Kimble]

My Lords, there were quite a few questions there but I agree with the thrust of what the noble Lord said. That is why we are working internationally, as well as at home. I share your Lordships’ frustration; we need to take action, which is why the UK plastics pact is so important. One of its targets for 2025 will be:

“100% of plastics packaging to be reusable, recyclable or compostable”.

Others include to eliminate by 2025 unnecessary single-use packaging and to have,

“70% of plastics packaging effectively recycled or composted”.

I agree with the noble Lord and we want to take action. This Government are taking action through research, which will obviously be an enormously important point, to find alternatives to the far too extensive use of plastics.

[The Lord Bishop of St Albans]

My Lords, many consumers are now choosing to use biodegradable bags rather than plastic ones, believing these to be preferable, yet researchers from the University of Plymouth have shown that many of these bags are not in fact biodegradable. Will Her Majesty’s Government undertake to produce clear standards and guidelines so we can be sure that these are biodegradable and improve the environment, and that we are not misled?

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, it is absolutely essential for us all that, in seeking to do the right thing, we are in a position to do so. In response to the noble Lord, Lord Dubs, Morrisons are replacing plastic bags for loose fruit and vegetables with paper ones. That sort of thing is happening up and down the country with retailers that understand their responsibility to ensure that we have a better planet for the next generations.

[Lord Teverson (LD)]

My Lords, one of the ways that we will reduce the use of plastic is making sure that we dispose of it responsibility, not at the cost of the environment. One way of doing that is banning exports of our waste and clearing up our own mess. What target do the Government have for banning the export of low-grade recyclate?

[Lord Gardiner of Kimble]

My Lords, the noble Lord is absolutely right that we must recycle more here. We must use less, so there will be less recycling. We certainly need to do more at home, so we need to work with industry to have suitable plants to take much more of the UK’s plastic waste. Other countries that take waste are also important. We are a party to the Basel convention and it is essential that we work together to ensure that we are absolutely not sending plastic, or other waste, to countries that cannot cope with it and therefore pollute the environment.

[The Lord Bishop of Southwark]

My Lords, I bring the Minister back to the question asked by the right reverend Prelate the Bishop of St Albans about what government intervention might be appropriate in quality control and establishing standards of practice.

[Lord Gardiner of Kimble]

My Lords, it is clear that the Government recognise the need for consistency on what we are in a position to recycle and to ensure proper marking so we know what can be recycled. The Government must and will take responsibility in these areas.

[Baroness Symons of Vernham Dean (Lab)]

My Lords, the noble Baroness, Lady Neville-Rolfe, consistently made the point—from the Minister’s Benches—that there should be a national policy on how we dispose of plastics. That has been consistently resisted on those Benches and made a matter for local authorities. I do not know whether the Minister does his own weekly shopping, but it is enormously difficult to buy fruit and vegetables without plastic containers, to the detriment of the environment. The noble Baroness made this point about disposal consistently and his own side has resisted over and over again.

[Lord Gardiner of Kimble]

My Lords, I am a little confused by what the noble Baroness has said. When I go into our fruiterers, I pick up and look at the fruit and am given it in a paper, not plastic, bag. As I have already said, Morrisons are using paper bags instead of plastic ones. This is happening more often. As I said in my earlier answer, we recognise the need for consistency. We need to enable people to recycle more, but we also need to reduce the use of plastic. I have been very clear about that.

[Baroness Fookes (Con)]

My Lords, is there any possibility of developing plastic which degrades?

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, there are issues with the words, “biodegradable plastic”, one of which is concern over microplastics, which is why we need to undertake more research into this. It sounds a very good idea, but the last thing we want to do is create even more microplastics.

Farming Communities: Rural Crime

Lord Gardiner of Kimble Excerpts

Thursday 2nd May 2019 Lords Chamber

[The Lord Bishop of St Albans]

To ask Her Majesty’s Government what assessment they have made of the impact of rural crime on farming communities.

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

My Lords, I declare my farming interests as set out in the register. Crime, wherever it takes place, has serious repercussions. Assessments through the crime victimisation survey show that vandalism and theft were the most common crimes experienced by agriculture, forestry and fishing businesses. In addition to theft of agricultural instruments and machinery, fly-tipping, poaching and livestock worrying are also particular concerns for farmers. NFU Mutual’s Rural Crime Report 2018 estimated the cost of rural crime was £44.5 million in 2017.

[The Lord Bishop of St Albans]

I thank the Minister for his reply. I recently met with a group of Hertfordshire farmers, and among the many areas they raised with me was the problem of hare coursing, which is not only causing great damage to their land in some cases but means they receive threats of physical violence. It is a very difficult problem. The low level of prosecution shows that the current law is not making any impact on this at all, and those who have looked into it believe that some simple changes in the law could make a great difference. Would the Minister commit to looking afresh at whether we can reform the Game Act 1831 and the Night Poaching Act 1828 to bring the seizure and forfeiture powers into line with the Hunting Act 2004?

[Lord Gardiner of Kimble]

My Lords, I also last week met Stuart Roberts, the vice-president of the NFU who farms in Hertfordshire. Clearly, the intimidation and fear of gangs arriving on people’s land, often at night, is wholly unacceptable and must be addressed. I take the point that the right reverend Prelate has made about some fairly old Acts, but there is also the Game Laws (Amendment) Act 1960. What the police are doing with Operation Galileo in Lincolnshire, where there was a 30% reduction last year, is a way forward. I also commend the six forces in the east of England which have come together to share intelligence to help put an end to this devastating activity for farmers, particularly those in the eastern and southern counties.

[Baroness Jones of Whitchurch (Lab)]

My Lords, is this not fundamentally an issue of police resources? The current policing formula does not really take account of the particular challenges and problems in rural areas. The Minister talked about organised criminal gangs; as we know, they are operating in a number of areas, stealing livestock and farm machinery, almost to order. They cause real distress to isolated local communities. Would the Minister agree to speak to his colleagues in the Home Office about how those communities can be better supported? In these isolated communities, people feel they are fighting crime on their own and they need help. It is a question of police resources and perhaps the Minister would take it up.

[Lord Gardiner of Kimble]

My Lords, I certainly will. As rural affairs Minister, I take the whole issue of the way in which rural communities are looked after very seriously. This is particularly important for isolated communities. The police resources allocation formula is a calculation that uses various data sources to share money between authorities. The formula predicts the relative workload or need for each category of police activity. As Rural Affairs Minister, I am keenly aware of the fact that there is a lot of work that can be done with rural communities, through working with the police and police and crime commissioners. I will certainly take this up with colleagues in the Home Office, because rural communities must be looked after.

[Baroness McIntosh of Pickering (Con)]

My Lords, would my noble friend take this opportunity to congratulate the work of what I think was the first rural crime task force, set up by North Yorkshire Police? Will he use his good offices to ensure that rural crime is given a higher priority by the Home Office?

[Lord Gardiner of Kimble]

My Lords, as I said to the noble Baroness, Lady Jones of Whitchurch, it is very much the case that we need to work with the Home Office. We work with it very closely and also work with the National Police Chiefs’ Council, on wildlife crime, for instance, and the National Rural Crime Network. Clearly, these rural crimes are devastating for rural communities.

[Lord Thomas of Gresford (LD)]

My Lords, the 2018 National Rural Crime Network survey revealed that low expectations, underreporting, a perceived poor response on outcomes and worry are all contributing factors to an increased fear of crime in our rural communities. Dyfed-Powys, the largest police geographical area in England and Wales, including Brecon, Radnor and west Wales, commissioned a report on farm and rural crime from Aberystwyth University. Has the Minister read that? As a result of that survey, the police have radically improved their rural crime strategy in line with the policies in north Wales. Do Defra and the Home Office have plans to study the outcomes of these initiatives?

[Lord Gardiner of Kimble]

Yes, we will look at all surveys. I would like to refer to your Lordships’ Select Committee on the Rural Economy, which rightly highlighted that the fear and perception of crime is viewed as a problem in rural areas. In fact, 39% of people in rural areas are worried about becoming a victim of crime, compared to 19% nationally. These are issues that we need to address, and I am most grateful to the noble Lords on that committee for highlighting some of these points. The answer is that we have an honest endeavour to ensure that crime is addressed in all parts of the kingdom.

[Lord Clark of Windermere (Lab)]

My Lords, I would like to return to the issue of hare coursing. As the Minister is aware, hares are declining throughout our countryside and hare coursing is particularly cruel. I thought the Minister was unusually—I emphasise the word unusually—unenthusiastic about pursuing this issue. Will he reassess the position and perhaps go back to the department to see what can be done to take some action on this important issue?

[Lord Gardiner of Kimble]

My Lords, perhaps it is just my manner. All I would say is that I addressed Operation Galileo. I commended the forces where these activities take place, which are about aggravated arrivals of people committing violence to property, putting farmers and their families in fear because of their aggressive behaviour, and illegal gambling. These are all gangs of people undertaking very considerable criminal activity. I use this opportunity to say that we need to work to stop them terrorising the countryside.

Brexit: Food Prices and Availability (EUC Report)

Lord Gardiner of Kimble Excerpts

Thursday 25th April 2019 Lords Chamber

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

My Lords, I always think that it is very important to have further advice when something is technical. However, I open by declaring my farming interests as set out in the register.

I am of course most grateful to the noble Lord, Lord Teverson, and all the committee members for this Select Committee report on food prices and availability post EU exit. I do not think that the delay to this debate has diminished the quality of our considerations or the subject matter of the report, in that it has provided a long fuse and has helped the department.

I am particularly delighted that the noble Earl, Lord Devon, has chosen this debate to make his wide-ranging, powerful and historic maiden speech. I join your Lordships in very much looking forward to further contributions from him, when his experiences of rural Devon and beyond will be of much interest and value. I do not propose to engage in a discussion about Cornish and Devon cream interests, but I noted that exchange.

At the time of publication, the Government welcomed the report and the issues it raised, such as tariffs and animal welfare. A number of them have helped shape, and continue to help shape, the work of my department.

The report’s first recommendations refer to the need to negotiate new free trade agreements that allow the continuation of tariff-free imports of food from the EU and to roll over existing agreements. I say to the noble Lord, Lord Bilimoria, that we agree: the Government want us to leave the EU with a deal. Clearly, as most of your Lordships have understood, we have, as all individual departments have prudently done, prepared for any outcome, and that has involved considerable work with business and stakeholders. That is why the Government announced on 13 March a temporary tariff regime that would apply if the UK were to leave the EU without a deal—a point referred to by the noble Viscount, Lord Hanworth.

In developing that temporary—I emphasise, temporary—tariff regime, we were deeply mindful of the risk of increases to consumer food prices that the committee highlighted in its report. The noble Lord, Lord Rooker, and other noble Lords are absolutely right: food prices are of critical importance to us all but they have a dramatic impact on the most vulnerable in our country. The Government brought forward this regime for a no-deal scenario with the aim of mitigating any price increases that consumers might face from tariffs by setting tariffs to zero on 87% of total current imports by value. I say to the noble Lord, Lord Teverson, that that point, highlighted in the report, was immensely valuable. The report was published some time ago but this temporary tariff regime was designed, and will continue to be designed, to ensure that we look to the interests of the consumer.

A number of historically protected agricultural sectors—beef, sheepmeat, chicken and other poultry, pigmeat, milled rice, butter and some cheese products—would have their tariffs maintained under this temporary tariff regime. I say to the noble Earl, Lord Devon, that we have sought to find the right balance on the question of clotted cream, liberalising tariffs to maintain current supply chains and avoiding an increase in consumer prices. Cornish clotted cream will, however, continue to receive the protection of a geographical indication in the event of no deal, although I say in particular to the noble Lord, Lord Bilimoria, that we are all working for a deal.

I say to the noble Viscount, Lord Hanworth, that we have sought a policy that strikes the right balance. He referred to farming interests. As I said, we have sought the right balance between exposing sectors to an unreasonable level of disruption and liberalising tariffs to maintain the supply chains and avoid consumer price increases.

The question of Northern Ireland was raised and there are a number of considerations here. Diverting goods through Ireland solely to avoid tariffs would of course be unlawful. Although the vast majority of taxpayers are compliant, we recognise that there remains a minority who may well seek to breach the rules. HMRC remains committed to promoting compliance and tackling avoidance, and it will take steps to ensure that, should there be a temporary arrangement, this is not abused.

Regarding the questions raised by the noble Lord, Lord Rooker, I will look at Hansard because, given the time, I need to give a more detailed reply. However, in terms of Northern Ireland goods going to the Republic of Ireland, the UK Government would be able to take unilateral measures, although we could guarantee only those steps under the control of the UK Government. Although we do not wish this to happen, if at any point we are in a no-deal situation, we are committed to entering into urgent discussions with the European Commission and the Irish Government to agree jointly long-term measures to avoid the hard border—something that we must surely seek to do.

On the continuity of existing trade agreements, the committee also expressed concern about the potential impacts that failing to roll over EU free trade agreements could have on the price and availability of food in the UK. In the event of the UK leaving the EU with a deal, the EU has agreed to notify partners with which it has a free trade agreement that the UK should continue to be treated as though it were still a member state during the implementation period. Similarly, during the implementation period the UK would continue to apply the EU’s common external tariff, including the preferential tariffs and quotas applied to imports from the EU’s FTA partners. This would mean that imports of food from these countries would be able to continue on current terms.

I say to the noble Lord, Lord Bilimoria, that we have signed agreements with countries accounting for more than half of the UK’s total trade with EU FTA partners, and we continue to progress remaining outstanding agreements. Discussions with many other countries are at an advanced stage and we are still working to secure as many continuity FTAs as possible. We will of course inform Parliament and businesses as soon as we conclude agreements with partner countries. As the UK will charge no tariffs on imports of many goods, even where no free trade agreement is in place, the impact on UK food prices of not rolling over agreements will be smaller than it otherwise might be.

The noble Lord, Lord Teverson, asked about the WTO and the splitting of TRQs. WTO members which disagreed with the way that the TRQs had been split have had an opportunity to lodge their objections. There will now follow a formal process of negotiation with those countries.

On non-tariff barriers, the report covers the need for the frictionless import of food to continue. Defra is, and remains, actively engaged with the cross-government Border Delivery Group on the different activities. These include, for example, ensuring flows across the border of passengers and their pets, food, live animals, fish, animal products and endangered species, as well as the movement of parcels and freight. Working with the Border Delivery Group, our objectives for the border reflect the Government’s objectives in all scenarios—an efficient border facilitating food supply that protects the nation from biosecurity risks and enables our food and farming industry to flourish through trade internationally.

Upon the UK’s exit from the EU, for animal, animal product and high-risk food and feed imports no new border checks will be introduced except for certain goods that come from third countries and travel through the EU before they arrive in the UK. This is a continuation of the pre-EU exit arrangements, which we know manage disease risk effectively. I am glad that the noble Lord, Lord Teverson, raised biosecurity. As the Minister with responsibility for biosecurity, I would certainly not accept any diminution in our biosecurity standards.

To minimise disruption for users, allow the continued movement of goods and help maintain our biosecurity and food safety, Defra has developed a new system for imports: the import of products, animals, food and feed system—IPAFFS. This system is ready to be launched as required. In order to facilitate the continuous flow of trade at all UK ports, we have been working to ensure that the border is sufficiently resourced in any scenario. Defra officials have visited and maintained contact with all the major ports and airports. We have carried out detailed discussions with these ports and other stakeholders to ensure that they are prepared. Our preparations mean that we are confident that processes for dealing with imports of food will not impede the flow of goods through UK points of entry after exit.

The noble Lords, Lord Teverson and Lord Carrington, asked about the national food strategy. The Government are committed to publishing a national food strategy once we leave the EU. This work is still in a scoping stage and I cannot prejudge its focus, but we expect it to cover the entire food system from farm to fork.

The noble Lords, Lord Rooker and Lord Carrington, and the noble Earl, Lord Devon, asked about the Agriculture Bill. I am looking forward to debating the intricacies of that Bill with your Lordships. I hope that we will bring the Bill to your Lordships’ House as soon as possible. We certainly want this legislation. It will help our farming, horticultural and forestry sectors become more profitable, and help sustain our precious natural environment.

I was pleased that the noble Lord, Lord Teverson, raised the issue of self-sufficiency in today’s debate as well as in the report. This country is certainly capable of producing more of its own food. Indeed, the noble Lord, Lord Carrington, raised this. Our country has a high level of food security built on a diverse range of sources including strong domestic production, where we are entirely self-sufficient in oats, barley, milk, sheep and lamb. I say to the noble Viscount, Lord Hanworth, that I cannot see any scenario in which we would seek no imports from any other country. We realise that we are not in a position to grow and rear certain products in this country which we know that British consumers want to continue to enjoy. The noble Earl, Lord Devon, also raised the issue of our domestic produce. I say categorically that we have the best agricultural and horticultural products in the world. We want to encourage our domestic producers to continue to produce high-quality homegrown food.

The noble Lord, Lord Carrington, raised another important point, about how we use science and put the latest scientific discoveries into practice. Historically, this country has been renowned for some of its agricultural innovation; that is why I am pleased that the Government committed £160 million to the five-year agri-tech strategy in 2013. We will also continue to support British food and agricultural innovation through the £90 million Transforming Food Production initiative. It is also important that we have committed to maintain the level of farm support until the end of this Parliament.

On the issue raised by the noble Lord, Lord Carrington, about the Agriculture Bill and productivity—self-sufficiency in particular—the Agriculture Bill contains specific provisions targeted at supporting farmers and growers to improve their productivity by helping them access new equipment and technology. Farmers will be able to benefit from the latest agricultural practices and techniques to aid in the production of food.

There is also the issue of food as a public good. Public goods are defined in economics as having specific characteristics in terms of the operation of the market. Food does not have these characteristics and is not a public good; it is a market good. It is bought and sold by producers and consumers, and consumers are able to make choices about the food they buy. As Defra Ministers have previously stated, we are giving serious thought to how we might address concern around food production and security when the Agriculture Bill progresses.

The noble Lord, Lord Teverson, raised the issue of sufficient labour. Defra has put in place a number of processes to ensure that seasonal employment numbers are not adversely affected. For example, up to 2,500 non- EEA workers will be able to come to the UK this year and next for seasonal employment in the edible horticultural sector under a new pilot scheme.

The noble Lords, Lord Rooker and Lord Teverson, and the noble Earl, Lord Devon, raised the subject of food prices. The truth is that prices are affected by weather, transport logistics, exchange rates and fuel prices. While of course the Government do not control these factors—indeed, noble Lords may recall, for instance, that just last week the press reported on the impact of last year’s weather on food prices—we work closely with industry to provide transparency for consumers. As I have already detailed, the Government are doing what they can to reduce non-tariff barriers, support our farmers and transition trade deals to control prices.

I am conscious of time, but I turn to the question of standards. I will reiterate to the noble Lord, Lord Rooker, what I have said, although I might want to offer a more detailed reply on eggs—in fact, I have one here. Almost all our domestic egg production is from domestic egg producers. We think they are well placed to continue to meet that production. Existing EU egg marketing standards will be retained in UK law once we leave the EU. Where the UK cannot sufficiently guarantee that imported eggs in shell for consumption are equivalent to these regulations, these eggs must be clearly labelled as not meeting the UK standard. This will provide the necessary clarity to enable consumers to make informed purchasing choices. EU egg marketing standards relate to methods of production such as free range or barn; they do not relate to hygiene standards.

I will look at what I have said in my Answer because I want to place on record that I do not make the point about standards lightly. It is precisely, and I am happy to say—

[Lord Rooker]

I would like to give the Minister an opportunity. It would be quite acceptable to me and, I am sure, the rest of the House if he withdrew that Answer and gave a more considered one. One way or another, that Answer makes it quite clear that unregulated food products that do not meet our regulations—once the doors open others will try it—will come into this country. That is something that we have said we will not put up with.

[Lord Gardiner of Kimble]

I am certainly prepared to engage in close scrutiny with officials to ensure that the words in my reply to the noble Lord are as I would require: that we are clear that we will not have trade arrangements with countries that would be contrary to our own requirements and standards. As I have said, all the EU legislation, through the work your Lordships did in the withdrawal Bill, will be coming on to our statute book when we leave. I am most grateful for the noble Lord’s generosity in taking me to task, perhaps, but giving me the opportunity of a reprieve.

I want to emphasise welfare and environmental standards, while allowing for the shortness of time. A number of noble Lords have mentioned climate change. It is absolutely clear that we need to multi-task. We are a country that has been recognised—I had at one time the climate change adaptation brief—as one of the most successful in terms of reduction of carbon among the G7, as a sophisticated economy. We have a very strong record on that. We need to build on it. I fully recognise that we need to ensure that we tackle these areas as well as the weighty matters of the Fisheries Bill, the Agriculture Bill and the forthcoming environment Bill. The environment Bill is clearly part of what we need to do, not only for the UK and our overseas territories but in terms of the contribution we make globally.

The noble Lords, Lord Palmer and Lord Rooker, raised the point that the average UK household spends 10.6% of its income on food. Again, I want to place on record that food banks are inspirational and deserve all the recognition they receive. That response from civil society and, often, from faith groups to support vulnerable people is one of the extraordinary elements of this country, where we do so much volunteering. With £95 billion a year being spent on welfare benefits, we have to get this right; that is a lot of money. We need to make sure that it gets to the right people, and fast. Wherever possible, we need to continue the work of the food banks. I find those figures impressive in one sense, but immensely worrying and depressing in another.

We have had a fascinating debate. I have gone over my time, but surely the subject matter was worthy of that. This is not a timed debate, so all I have to do is apologise to my excellent Whip. I am most grateful to the noble Lord, Lord Teverson, particularly for his patience and that of the committee, in that we are having what has been a very interesting debate—including an outstanding maiden speech—at a time when there is a lot more work to do. This report raises subjects that will be of continuing relevance and importance.