Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Wednesday 13th March 2019 Grand Committee

Moved by

[Lord Gardiner of Kimble]

That the Grand Committee do consider the Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019.

Relevant document: 18th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B)

Motion agreed.

European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Wednesday 13th March 2019 Grand Committee

Moved by

[Lord Gardiner of Kimble]

That the Grand Committee do consider the European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019.

Relevant document: 18th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B)

Motion agreed.

European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Wednesday 13th March 2019 Grand Committee

Moved by

[Lord Gardiner of Kimble]

That the Grand Committee do consider the European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019.

Motion agreed.

Brexit: Food Labelling and Food Safety

Lord Gardiner of Kimble Excerpts

Monday 11th March 2019 Lords Chamber

[Baroness McIntosh of Pickering]

To ask Her Majesty’s Government what plans they have to ensure that food labelling enables traceability and for the United Kingdom to participate in the Rapid Alert System for Food and Feed following the United Kingdom’s withdrawal from the European Union.

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

My Lords, food traceability is required by law and enabled by accurate record-keeping at all stages of the food supply chain, supported by mandatory on-label requirements. Existing traceability and supporting labelling requirements will be carried over into UK law through the European Union (Withdrawal) Act, ensuring continued high levels of safety. While comprehensive contingency plans are in place, the Government remain committed to negotiating full access to RASFF, recognising that continued data sharing will be mutually beneficial.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful for that Answer. My noble friend will be aware that every 10 years or so, there is a potential food scare—I am thinking of BSE, foot-and-mouth and the fraud scandal of horse-gate. At the moment, there are 10 food alerts each day and Britain is one of the major beneficiaries from the European rapid alert system. Will my noble friend ensure that our remaining part of that scheme is concluded at the earliest possible time and if we crash out of the EU without a deal, we will take precautions? This is not the time for the UK to go UK-centric. We need to keep our food as safe as possible for both human and animal consumption.

[Lord Gardiner of Kimble]

My Lords, I entirely agree with my noble friend. It is absently paramount that there is confidence in our food and I believe that the FSA is well equipped to provide that. It has been upscaling to increase its capacity and capability. Of course, the optimum is that we should remain part of RASFF and in point of fact it is mutually beneficial because we are one of the most active contributors to it. However, we are also strengthening our links through the WHO’s INFOSAN network, enhancing stakeholder engagement and improving through the FSA’s strategic surveillance programme. I absolutely take the point that it is paramount that our food remains safe, and we are ensuring that.

[Baroness Walmsley (LD)]

My Lords, the consumer portal of the rapid alert system is particularly useful for consumers who are concerned about food safety and allergies. For example, in the last few weeks it has contained warnings about E.coli in cheese, norovirus in oysters and chocolate bars with peanuts in them that had no warning about peanuts on the wrapper. All those items came from the EU, so what advice will the Minister give to consumers about where they should go in future for this life-saving information? Are we to have our own portal and how quickly will it be set up?

[Lord Gardiner of Kimble]

My Lords, as I have said, the optimum is that we want to remain part of RASFF because we think that it is mutually beneficial. But that is one reason why we are upscaling our interest in INFOSAN, which has 180 countries including Australia, New Zealand and others as part of it. The noble Baroness raised the issue of allergens; we are undertaking a consultation on allergen labelling precisely because we think it really important that there is appropriate labelling for allergies.

[Lord Rooker (Lab)]

Does the Minister accept that of the 32 RASFF members, the United Kingdom is in the top four of countries that issue the notifications that help others? The only countries that can be a member of RASFF, according to the statutory instrument that the Government put through the House last week to take us out of it, are members of the EU and the EEA. At last week’s Select Committee and statutory instrument committee meetings, at no time could anyone tell us who is negotiating on behalf of the UK. They kept saying, “Talk to Defra Ministers”; well, we have a Defra Minister at the Dispatch Box now, so who is actually negotiating our position in RASFF? On the day after we leave, will we stop sending notifications around the rest of the EU to save the lives and futures of people there through food safety? Are we really going to opt out the day after and, if not, who is negotiating?

[Lord Gardiner of Kimble]

My Lords, Defra has certain responsibilities and the FSA is responsible to the Department of Health and Social Care. The Secretary of State for Defra will undertake the negotiations through Defra on the point raised by the noble Lord. In point of fact, this has to wait until the next phase of the negotiations—

[Noble Lords]

Oh!

[Lord Gardiner of Kimble]

It will, my Lords, because while we want to remain part of RASFF we cannot negotiate until we get to a certain point. We want to negotiate that continued membership because, as the noble Lord, Lord Rooker, says, we are a great contributor to RASFF. He knows that from all his experience. That is why there is a mutual interest in us remaining part of it, and why rapid alerts should of course go round the world whether through RASFF or INFOSAN. It is imperative that rapid alerts continue and that is what we will do.

[Baroness Jones of Whitchurch (Lab)]

My Lords, can I press the noble Lord on that issue? My noble friend asked who is negotiating all this. I do not see why we are not having those negotiations now, face to face, and why a new deal with the EU cannot be in place from day one after Brexit. Surely that is within the scope of the negotiations, whether there is a deal or no deal. As my noble friend has said, it is in everyone’s interest that that deal is completed by day one of exit.

[Lord Gardiner of Kimble]

My Lords, we are all on the same page. We want to remain part of RASFF, but it is not just for us to decide. That is why there are negotiations between two parties, and it is not always possible for one party to insist. We think there is a mutual benefit to being a member of RASFF. That is our negotiating point, but we are negotiating on the matter, and I hope that we will succeed, as it is in everyone’s interest.

[Baroness Altmann (Con)]

My Lords, should there be a no-deal Brexit, will my noble friend reassure the House that there will be no threat to human health, and possibly life, from being locked out of some of the alerts that come from the EU?

[Lord Gardiner of Kimble]

I will be categoric on this because, under EU law, even without full RASFF access, the UK would still receive notification if a food subject to RASFF alert was dispatched to the UK from the EU. This is because the EU Commission is required under EU law to notify third countries where affected foods are dispatched to third countries. That is already in place and will continue. Although the Government and I very much wish there to be a deal, it is why the FSA, under the chair of Heather Hancock, has been working so hard to strengthen capability and capacity, to improve the strategic surveillance programme and to work with the 180-member-strong INFOSAN, so that our food is safe.

Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Monday 11th March 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the draft Regulations laid before the House on 28 and 31 January be approved.

Relevant document: 17th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee A). Considered in Grand Committee on 6 March.

Motions agreed.

Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Wednesday 6th March 2019 Grand Committee

Moved by

[Lord Gardiner of Kimble]

That the Grand Committee do consider the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019

Relevant document: 17th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee A)

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

My Lords, given the interconnections of the three instruments, I hope it will be helpful to your Lordships if I speak to all three together. The instruments before your Lordships make technical corrections to maintain the effectiveness and continuity of EU-derived legislation that would otherwise be left partially inoperable on exit.

The conservation of habitats and species regulations extend in part to the UK and to England and Wales only. The Conservation (Natural Habitats etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 relate only to Northern Ireland.

The UK Government remain committed to the restoration of devolved government in Northern Ireland. However, in the absence of a Northern Ireland Executive, UK government Ministers have decided that, in the interest of legal clarity in Northern Ireland, the Government should take through the necessary statutory legislation at Westminster for Northern Ireland, in close consultation with the relevant Northern Ireland department. In pursuing this course, we have worked closely with the Northern Ireland Department of Agriculture, Environment and Rural Affairs—DAERA —and I am most grateful for the support given by DAERA officials.

The technical changes made by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 enable the UK to continue to meet its international commitments, such as the Berne and Bonn conventions, and ensure that regulations transposing the EU habitats and wild birds directives are operable. Principally, it makes amendments to three existing instruments that transpose the habitats and wild birds directives so that they are operable: the Conservation of Habitats and Species Regulations 2017, the Conservation of Offshore Marine Habitats and Species Regulations 2017, and the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001. The instrument also amends Section 27 of the Wildlife and Countryside Act 1981 to ensure that existing protections continue.

The Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017 are the principal pieces of secondary legislation that transpose the terrestrial and offshore marine aspects of the EU habitats directive and certain elements of the EU wild birds directive—commonly referred to as the nature directives—into domestic law. The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 apply to specific activities only in relation to the directives. The nature directives lay down the rules for the protection and management of habitats, and the protection and exploitation of species. These three regulations fulfil the objectives of the nature directives in the UK’s terrestrial areas and inland waters, and its inshore and offshore marine areas, by ensuring that activities are carried out in a manner consistent with the directives.

The territorial extent of this instrument is the United Kingdom, with exceptions. Part 2 extends to England and Wales. Part 3 extends to England and Wales, but also extends in certain circumstances to certain specified reserved matters in Scotland and Northern Ireland. We have worked with the devolved Administrations on this instrument, and where it relates to devolved matters, they have given consent. The Scottish Government are making similar changes by means of their own secondary legislation within their areas of legislative competence.

As part of national operability, this instrument implements a number of changes, one of which is a national site network. Sites designated under the nature directives have contributed to the EU’s Natura 2000 network. These sites will now form a national site network and will continue to help fulfil the UK’s international biodiversity obligations, for example under the Berne convention, where they will continue to form the UK’s contribution to that convention’s Emerald network. New Regulations 16A and 18A set out ministerial responsibility to manage, and where necessary adapt, the national site network in co-operation with Ministers in the devolved Administrations. That obligation will be exercised with the support and expertise of the statutory nature conservation bodies. The network’s management objectives look to secure compliance with the overarching aims of the habitats and the wild birds directives.

I turn to the issue of reporting. To ensure transparency and accountability, Ministers will produce reports on how the regulations are being implemented within six years from the date of exit and every six years thereafter. The Secretary of State will compile these reports into a combined UK report within two years of that. This is in line with existing reporting requirements, and the reports will be publicly available. The requirement for biennial reporting on exemptions or derogations from the strict protections for habitats and species is maintained.

Let me turn to the designation of special areas of conservation. Functions currently undertaken by the European Commission in designating any future SACs will be transferred to Ministers. Ministers will assess new SAC proposals acting on specialist advice from the appropriate nature conservation body. In Defra’s case that will be Natural England, along with the Joint Nature Conservation Committee, using existing criteria.

I turn now to imperative reasons of overriding public interest. This instrument transfers the role of the European Commission to Ministers in being able to offer an opinion to local decision-makers such as local planning authorities. The opinion concerns whether imperative reasons of overriding public interest may apply in the granting of a planning application for a proposal which may adversely affect priority habitats, but where there is no feasible alternative. In doing so, Ministers will need to take account of the national interest and consult widely, including the Government and the other devolved Administrations, along with the Joint Nature Conservation Committee. It is my understanding that imperative reasons of overriding public interest have never been deployed in relation to priority features with regard to planning proposals anywhere in the UK, in that no file or dossier has been submitted to the European Commission for an opinion.

I will now address the amendments to annexes and schedules. A new instrument-making power allows Ministers to make amendments to the annexes and schedules where this is supported by technical and scientific progress. This brings into a national context provisions which already exist at EU level. The devolved Administrations will have the same powers. Any amendment under this provision which cannot be supported by expert opinion is open to challenge in Parliament or the courts. This instrument will ensure that the strict protections that have been in place for many years for our most vulnerable habitats and species are maintained when we leave the European Union.

On consultation, although there was no statutory requirement to consult publicly on the instruments, officials undertook engagement with key stakeholders. Indeed, following concerns raised by the RSPB, we chose to withdraw and re-lay the SI to provide absolute legal clarity that the management objectives of the new national site network to protect wild bird species and their special protection areas remain equivalent to those in the wild birds directive. The RSPB and Greener UK have welcomed this. It is a very good example of where there has been consideration by people who can look at these things with a fresh eye, and we were absolutely seized of the importance of making it absolutely clear. So I welcome this as an example of where, if one does not get it perfect the first time, let us try again.

I turn to the Conservation (Natural Habitats etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019. As I have said, these regulations extend to Northern Ireland only. Importantly, they mirror the five main changes to the regulations I have just set out—in short, replicating for Northern Ireland Parts 1, 2 and 3 of the England and Wales legislation. It was felt that Northern Ireland officials should draft a separate regulation for two reasons. First, nature conservation is a devolved function in Northern Ireland. Secondly, the structures in Northern Ireland are different from those in England and Wales in that DAERA, a government department, undertakes all aspects of nature conservation. Therefore, many of the amending clauses could not simply be replicated for all three countries, and several Northern Ireland amendments would have to sit separately in any encompassing statutory instrument.

As is evident, Northern Ireland is unique within the United Kingdom as it shares a land border with the Republic of Ireland. There are excellent working relationships on nature conservation between officials in Northern Ireland and their counterparts in the Republic. This co-operation occurs within a framework of the North/South Ministerial Council, in which the environment is identified as an area of joint working. For example, the Loughs Agency is a cross-border body set up under the 1998 Good Friday agreement to manage commercial fishery activity in Lough Foyle and Carlingford Lough and to undertake valuable work in the conservation of vulnerable species. Similar arrangements apply on an east/west basis. The British-Irish Council has played a positive role in nature conservation issues, for example the sharing of information and experiences on the many invasive alien species threatening our important habitats. The council has also supported initiatives such as an all-Ireland pollinator strategy, which contains practical actions and information designed to increase the number of pollinators throughout the island of Ireland.

Finally, I turn to the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019. These regulations address failures of retained EU law to operate effectively with regard to six pieces of Northern Ireland primary legislation and two sets of regulations, as set out in the Explanatory Memorandum. The regulations are similar to the amendments made to legislation in England and the UK by the Environment (Amendment etc.) (EU Exit) Regulations 2019, which have already been affirmed in both Houses. We have a separate set of regulations for Northern Ireland, as in the areas covered there is a well-established body of Northern Ireland legislation. Where there are already UK-wide instruments, we have taken forward regulations that include Northern Ireland and other jurisdictions. Taking forward Northern Ireland-only amendments in this case helps preserve the integrity of Northern Ireland’s statute book—albeit that the amendments are being made by UK statutory instruments rather than by the normal Northern Ireland statutory rules.

As an example of the amendments made by the instrument, Regulations 15 to 17 make changes to the Producer Responsibility Obligations (Northern Ireland) Order 1998, replacing,

“obligations of the United Kingdom under the Community Treaties”,

with, “retained EU obligations”. This is an example of where, if we did not make the amendment, the references to the UK’s obligations under community treaties would be inoperable as there would be no obligations.

In this instrument there is no policy change and—I must emphasise—no reduction in the environmental standards or obligations to which Northern Ireland is currently subject. I beg to move.

--- Later in debate ---

We need to reflect that Northern Ireland exports a proportion of its waste and will continue to do so for many years. It has no plant to process refuse-derived fuel, so where is it therefore transported? Under the proximity principle it is to the south, where it generates electricity that is no doubt shared with the north. A hard border in Northern Ireland might result in loads of rotting rubbish festering at the border—another good reason for ceasing this Brexit folly.

[Lord Gardiner of Kimble]

My Lords, I am most grateful for all of the contributions, and I was struck hearing about bedrocks and bitterns, treading on dreams, and hornets’ nests. I found the experience rather more frightening than I had already intended. However, this is an important area and I am most grateful to the noble Baronesses for acknowledging that we did the right thing in withdrawing and re-laying the instrument, because we wanted to make it absolutely clear that our good faith in these matters is strong.

The noble Baronesses, Lady Parminter and Lady Young, both raised the important issue of reporting. As we explained in our written evidence to the Secondary Legislation Scrutiny Committee, the reporting requirements introduced at Regulation 8 of this instrument are intended to ensure that, at a minimum, they reflect those set out in article 17 of the habitats directive and article 12 of the wild birds directive. However, as that regulation makes clear, these requirements are not exclusive since currently within the EU, the Commission determines the full extent and format of the reports, in consultation with experts across member states. Similarly, UK Ministers would expect to determine the format of such reports administratively, in consultation with our statutory advisers and those from the devolved Administrations, ensuring that we meet all our international reporting obligations.

The provisions for a composite report, including an evaluation of progress and contribution of the national site network—about which I will speak in a moment—in our view replicates the current legal requirement on the Commission. Accordingly, on operability, there is no need to provide an additional statutory review provision. This instrument also converts environmental reporting obligations in the directives into a requirement to publish reports in the future. This will ensure transparency and scrutiny of our environmental performance. The UK will continue to report on a similar basis as a contracting party to the Berne convention and will be obliged under resolution 8 of the standing committee on the convention, adopted in 2012, to report on the conservation status of species and habitats every six years, covering the previous six years.

We are also required under article 9 of the Berne convention to submit reports every two years on exceptions that have been permitted, the protection of wild fauna and flora, and an assessment of their impact, in the same way as we do now via the EU. The convention standing committee can review the implementation of the convention through legal and policy reports from independent experts. Indeed, the OEP—more about which in a moment—will be an independent, statutory environmental body and may well be interested in this matter. I say to the noble Baroness, Lady Parminter, that on reporting and timeliness—timeliness is important—six years is the usual period for compiling these reports, which are comprehensive. That is what is in the nature directives.

Perhaps I could spend a little time on proportionality, which was referred to by the noble Baroness, Lady Young. I wish to assure or reassure her—whatever the right word is—that it is not the intention of this provision to reduce in any way existing nature conservation protections. This provision is about not the designation and management of sites, and therefore the permitting of certain activities, but the overall management of the UK network in the context of achieving favourable conservation status for species and habitats across their biogeographical area and within their natural range.

New Regulations 16A and 18A place a wide duty on Ministers, in co-operation with other authorities in the UK, to manage and adapt the network to maintain or, where appropriate, restore at a favourable conservation status threatened and vulnerable habitats and species throughout their natural range. This duty can be exercised only where those natural ranges fall within UK jurisdiction. It is also to be discharged with regard to the importance of the UK globally in the conservation of those species or habitats. We can contribute to achieving a favourable conservation status for vulnerable or threatened species and habitats only in the proportion to which their range falls within UK jurisdiction.

In this respect, the provision reflects the requirement in article 3 of the habitats directive to have, “A coherent … ecological network” to maintain and manage species and habitats,

“at a favourable conservation status”,

and therefore for Ministers in future to have regard to what is being done beyond UK borders to contribute most effectively to maintaining and restoring those features at favourable conservation status in their natural range. If I may return to where I began, I place it on record that there is absolutely no intent at all for this provision to reduce in any way existing nature conservation protections.

The noble Baroness, Lady Young, raised the office for environmental protection, the independent statutory environmental body which will hold government and public bodies to account on environmental standards, replacing the current oversight of the European Commission. This body will provide independent scrutiny and advice on environmental legislation and the Government’s environmental improvement plan, and hold government to account on the implementation of environmental law, including taking legal action where necessary. It will also of course have access to these publicly available reports. I say particularly to the noble Baroness, Lady Parminter, who raised this, that we are finalising interim measures that may be necessary under a no-deal scenario and before the office for environmental protection is established. Again, the Government are doing what they can in Brussels and elsewhere to ensure that we have a deal, but with or without a deal there will be no period of time during which government actions cannot be held to account.

The noble Lord, Lord Krebs, queried—rightly, given his expertise—the availability of technical and scientific expertise. I hope he might agree with my impression, from going around the Council of Ministers and other bodies, that this country has significant expertise in nature conservation, which is recognised at home and at international level. Hundreds of scientists are employed in our statutory nature conservation bodies and the depth and breadth of their experience is hugely regarded. Ministers will continue to benefit from the advice of their statutory nature conservation bodies: in England, this is Natural England while at the UK level, it is the JNCC. Natural England provides statutory advice to public authorities and is responsible for ensuring that the natural environment is protected and improved. It has a responsibility to help people to enjoy, understand and access the natural environment.

The JNCC already has a statutory duty to advise Ministers on developing and implementing policies on nature conservation matters. The JNCC has an independent chair and five independent members, some with scientific experience and some with a legal background. The majority of the joint committee is made up of appointments by the four countries’ statutory conservation bodies.

The noble Baroness, Lady Young, raised the question of committing to produce statutory guidance. We plan to issue guidance on the operability changes to the regulations as part of our EU exit arrangements. We are developing a page for GOV.UK to explain the main changes to the regulations and to signpost to existing guidance. Following the UK’s exit, our intention is to review and update our own domestic guidance on all aspects of the regime. We plan to consult and involve a range of interested stakeholders to ensure that guidance on wildlife legislation is fit for purpose and can contribute to ensuring that we maintain and enhance existing protections.

The noble Baroness, Lady Young, queried the power of the Secretary of State to amend schedules. This is where she referred to a hornets’ nest; I hope that I can reassure her. The prohibited capture and killing methods listed in this schedule are those set out not only in annexe 6 of the habitats directive but in the almost identical appendix 4 of the Berne convention, from where it derives and of which we will remain a contracting party. There has been no reason to amend appendix 4 since 2002. The provisions for amending the annexes and schedules in this instrument, including moving prohibited killing from the body of the regulations to the schedule, simply ensure that we retain the same power of amendment as the Commission has at present to update annexes. This is an updating power to be used only—I emphasise only—for the purpose of adapting these annexes to technical and scientific progress, and therefore a power that can be exercised only where it is supported by expert opinion from the JNCC and Natural England. We will, of course, continue to work closely with devolved Administrations to secure nature conservation outcomes across the UK.

Northern Ireland was also raised by the noble Baroness, Lady Young. It is important—again, I hope I can reassure her—that in the case of Northern Ireland, DAERA has a statutory advisory body known as the Council for Nature Conservation and the Countryside. This body includes academics, land managers and environmental non-government bodies with a wide range of conservation expertise in terrestrial and marine environments. The CNCC is tasked with providing a focused view on DAERA’s functions, including relating to nature conservation. There could be a specific role for the CNCC in future reporting mechanisms.

The noble Baroness, Lady Young, also asked about a possible extension of the OEP to Northern Ireland. She is absolutely right that Northern Ireland Civil Service officials have requested that the scope of the office be expanded to include Northern Ireland. The Secretary of State has agreed to this; I hope that is helpful to your Lordships. Discussions are ongoing between officials as to how this might be taken forward. Any decisions by Northern Ireland officials will be taken in light of the requirements of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 and the Northern Ireland Secretary of State’s guidance thereunder.

The noble Baroness, Lady Young, also raised the name of the national site network. These sites will continue to be selected under the criteria in annexe 3 of the habitats directive and article 4.1 and 4.2 of the wild birds directive, which—as she will know better than I do—makes them distinct from SSSIs. The National Planning Policy Framework and other policy guidance does not particularly recognise the Natura 2000 network by offering planning protections but is concerned instead with the different types of protected sites, such as special areas of conservation, special protection areas and European sites. This instrument retains those names. I emphasise to the noble Baroness—I have noted her appeal for a different name—that the term “National Site Network” is a legal one for the purposes of these regulations. It will be open to Ministers in the UK to agree a distinct name for the network in a similar way to, for instance, the Emerald network. We do not need a legal power to do that. It might be my duty to play back her commentary on the national site network. I should also say that we intend, nevertheless, to publish guidance explaining the main changes that will arise due to operability.

Conservation (Natural Habitats etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Wednesday 6th March 2019 Grand Committee

Moved by

[Lord Gardiner of Kimble]

That the Grand Committee do consider the Conservation (Natural Habitats etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.

Relevant document: 17th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee A)

Motion agreed.

Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Wednesday 6th March 2019 Grand Committee

Moved by

[Lord Gardiner of Kimble]

That the Grand Committee do consider the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019.

Motion agreed.

Animal Welfare (Service Animals) Bill

Lord Gardiner of Kimble Excerpts

2nd reading (Hansard): House of Lords
Friday 1st March 2019 Lords Chamber

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

My Lords, the Government are delighted to be able to support this Bill. I pay tribute to my right honourable and learned friend the Member for North East Hertfordshire in the other place for championing the cause of our much-loved service animals and for bringing forward this important Bill in recognition of the strong feeling and support among the public for Finn’s law. As the Minister responsible for animal welfare and health—it was probably in 2017—I remember meeting my right honourable and learned friend as a prelude to this Bill, and I can confirm his commitment and determination to strengthen the law. The word “tenacity” would probably be a more emphatic description of his sense of purpose. I also pay tribute to my noble friend Lord Trenchard, who is in charge of this Bill in your Lordships’ House. The Government wish my noble friend every success.

The Government have taken a keen interest in this legislation, and therefore the Bill has been considered and scrutinised by parliamentary counsel to ensure that it is legally sound. In addition, the Explanatory Notes in support of the Bill have been prepared by Defra with the consent of my noble friend Lord Trenchard. I can also confirm that it is the Government’s view that the Bill is compatible with the Human Rights Act 1998.

I endorse the point made by my noble friend Lord Trenchard that this Bill is small—just two clauses—and its scope very narrow, yet it addresses an important issue in relation to service animals such as Finn. I agree with the noble Lord, Lord German, that there could not be a better example of a distinct Bill with a distinct purpose, and Redhill Prep School in Haverfordwest should see this as an exemplar of Parliament—particularly given the contributions from your Lordships’ House this morning—in wholehearted support of what I would describe as a distinct feature of animal welfare legislation.

My noble friend Lord Holmes of Richmond absolutely articulated that service animals undertake exceptional service for the public, which the Government entirely recognise. That takes them into dangerous situations. The highest protection for our service animals needs to be made clear in law, and I agree with my noble friend Lady Brady that we need to have this clarity—hence this Bill. That is why we support the Finn’s law campaign and the Bill.

Finn himself is a distinguished example of the bravery of our service animals. As many noble Lords have said, it was a privilege to meet Finn this morning. I think he feels very much at home. I identified that by his keenness to get on House of Lords sofas, which is a distinguishing sign of what an extraordinary animal he is as well as being a service animal. Along with noble Lords, I was shocked about the events that led to Finn’s near death in assisting and protecting his handler, PC Dave Wardell, while they sought to apprehend a suspect following a robbery. As my noble friend Lord Trenchard described, despite receiving life-threatening injuries from the attack in October 2016, which involved Finn being stabbed by a 10-inch bladed knife which punctured his lung, Finn made a full recovery. Finn then returned to service some 11 weeks later, and on their first outing together in December 2016 PC Wardell and Finn were able to arrest a fleeing suspect.

It is great news that Finn is now enjoying his well-deserved retirement from a distinguished life of service to the public. But today, as noble Lords have observed, it is important that we also remember all those to whom we owe so much—police officers, fire officers and all in the emergency services across the kingdom—and indeed the bravery of PC Wardell. I was struck by what my noble friend Lord Holmes of Richmond said about running towards danger. Most of us would tend to run away from danger; the brave people who look after us run towards danger, as we saw not only on the Parliamentary Estate but see around the country so often.

With noble Lords’ support, when the Bill becomes law, service animals such as Finn will have more protection from callous individuals. That is because the Bill amends the Animal Welfare Act 2006 to make it clear that the ability for someone to claim that they were acting in self-defence when they attack a service animal should be disregarded in such circumstances. No longer will someone be able to inflict pain and suffering on our service animals, such as police dogs like Finn—and having studied the Explanatory Memorandum, it is clear in paragraph 3, “Policy background”, that the Bill includes police horses and other animals supporting the Prison Service—and say that they are simply protecting themselves.

In supporting this Bill, we agree with the points articulated by my right honourable and learned friend in the other place that using the offences under Section 4 of the Animal Welfare Act 2006 to prosecute attacks on police and other support animals that cause unnecessary suffering, could be made more difficult due to the fact that the court must consider whether the defendant was acting in fear of harm. Relevant here is the list of considerations at Section 4(3)(c)(ii) for the court to consider if the suffering was caused for,

“a legitimate purpose such as … the purpose of protecting a person, property or other animal”.

In other words, the perpetrator of the attack on the service animal could use this provision to claim that they were acting to protect themselves. The Bill before us amends the 2006 Act such that this specific consideration should be disregarded with respect to incidents involving unnecessary suffering inflicted on a service animal supporting officers in the course of their duties.

A number of points were made by noble Lords about the territorial extent. This Bill applies to England and Wales. That is because the Bill amends the Animal Welfare Act 2006, which is an England and Wales Act. The Welsh Government are extremely supportive of the change. I understand that a legislative consent Motion was laid on 17 January and is due to be considered on 5 March, so I hope that the noble Lord, Lord German, will be able to reflect that in his visit to Haverfordwest.

In Northern Ireland, as noble Lords understand, we very much hope that the Assembly will return and government resume in Northern Ireland. As noble Lords will know, Northern Ireland has separate legislation in the Welfare of Animals Act (Northern Ireland) 2011. Therefore, this particular Bill could not be used to amend that piece of legislation. I know that there is enthusiasm within Northern Ireland, but at this time there are no current plans to take forward any necessary changes. Clearly, this is a matter that people in Northern Ireland are conscious of and would be one very good reason that I look forward to the Assembly returning.

The Scottish Government are also very positive about Finn’s law and are looking to apply the measure in Scotland to their animal welfare laws. The example of England and Wales is very much understood, and I believe will be followed. It is a case of getting the legislation through in those phases.

I should make it clear to my noble friends Lady McIntosh and Lord Trenchard that parliamentary counsel have studied the Bill in detail and acknowledge that animals used by branches of the military police in England and Wales to apprehend or control people will be covered by this amendment to the 2006 Act. That is because members of the military police in England and Wales will be covered by the definition of constables or persons within new subsection (3B)(b) as,

“a person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes”.

Noble Lords asked about a second limb of the Finn’s law campaign which would see an increase in the maximum penalty for animal cruelty. My noble friends Lady McIntosh and Lady Brady particularly raised that, as did my noble friend Lord Trenchard. Of course, the noble Baroness, Lady Jones, and I are on the same page in our desire to get this done. The Government are clear that we are fully behind—the Secretary of State has been emphatic about this—the wish to increase the maximum penalty from six months’ imprisonment to five years’ imprisonment. The Government wish to make progress on this as soon as we can. Obviously, I am constantly passing back messages from noble Lords on all sides of the House about our desire to get this matter done. My bona fides are very strong on this. I am fully seized that it is an important part of our work.

I say to my noble friend Lady McIntosh that the reason this Bill has gone through in the way that it has in the other place—and, I hope, will here—is because of its narrowness of scope. It has a precise purpose, which is to amend the Animal Welfare Act 2006 in this particular regard. We all know that it is always tempting to add matters to a Bill, but the experience of many noble Lords in this House is that, the moment you start tinkering with the narrow purpose of a very important Bill, you get into timetabling difficulties, so I say to my noble friend that I understand her bona fides in these matters, but there is a very strong desire that this distinct Bill has a speedy passage through your Lordships’ House. It is distinctly to address the terrible time suffered by Finn and PC Wardell. The Bill covers attacks on service animals—horses and dogs—and there is provision for further animals to be considered. I express as strongly as I can that the Government and the department support this Bill because it provides further protection for our service animals, such as Finn.

I very much hope that this Bill promoted by my noble friend Lord Trenchard will be successful in achieving a swift passage through your Lordships’ House and will complete all stages to Royal Assent. There surely could not be a more deserving Bill to acknowledge our gratitude to animals such as Finn and the debt we owe them.

Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Thursday 28th February 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the draft Regulations laid before the House on 10, 15, 17 and 21 January be approved.

Relevant document: 14th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B). Considered in Grand Committee on 20 February.

Motions agreed.