River Ecosystems
Lord Gardiner of Kimble Excerpts(5 years, 9 months ago)
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Baroness Redfern
To ask Her Majesty’s Government what measures they are taking to address the threat posed to river ecosystems by a combination of farm chemicals, sewage and excessive abstraction.
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. England’s river ecosystems are the healthiest they have been since the Industrial Revolution. More than 5,900 miles of rivers have been improved since 2010. Where our catchment-sensitive farming programme operates, pesticides in our rivers have fallen by 50% since 2006. Serious sewage pollution incidents have fallen by 89% in the past 25 years. More than 40 billion litres per year of unsustainable abstraction has been prevented since 2008. We intend to go further.
Baroness Redfern (Con)
I thank my noble friend the Minister for his encouraging words, but farmland birds have declined by more than half since 1970. More urgent action is needed to tackle sewage effluent chemicals and damaging abstraction of water from rivers and groundwater, which is preventing 15% of rivers meeting good ecological status. On the announcement for abstraction reform to review existing licences and introduce more controls to protect water resources, will this review feed into the 25-year environmental plan, and will targets be set?
Lord Gardiner of Kimble
My Lords, the whole 25-year environmental plan—and, indeed, all our plans, including in the Agriculture Bill and the environmental land management schemes—is predicated on the need to enhance our environment. Water quality and water supply is clearly one of our priorities. On abstraction reform, we will certainly be looking at increasing supply, reducing demand and reducing leakages. We are already bringing back targets in many of those areas into our law.
Baroness Jones of Whitchurch (Lab)
My Lords, I refer to my declaration in the register of interests. Natural England has responsibility for ensuring that our farmland is managed responsibly and our rivers protected, but its budget has been cut by 47% over the last five years. In addition, 50 staff have been poached by Defra to deal with Brexit. How can it possibly be expected to carry out its job effectively when it really does not have the resources to do it?
Lord Gardiner of Kimble
My Lords, the figures have shown how not only Natural England but the Environment Agency and the water companies have actually produced very strong improvements in difficult times, when everyone has had to retrench. River basin management plans involving Natural England, Defra and water companies are all about improving water quality across river basins from 2015 to 2021. All of this, and a lot more, is why water quality and supply will be increasingly important.
Baroness Miller of Chilthorne Domer (LD)
My Lords, among the most important components of sewage that have become more detrimental to wildlife are the pharmaceuticals going down the lavatory as part of human sewage. They are causing infertility in everything from killer whales to dog whelks, because hormones are extremely damaging to wildlife in the long term. Can sewage treatment plants do anything to improve this situation?
Lord Gardiner of Kimble
My Lords, this goes back to the products produced and the importance, with research and technology, of alternatives. It is why our ban on microbeads is tremendously important. We need to do more, both in our own products but more generally with what we put on the land. That is where alternatives and precision farming will be very important.
Lord Krebs (CB)
My Lords, can the Minister tell us his department’s assessment of the impact of future climate change on our rivers and freshwaters and what steps are being taken to deal with the threat of climate change on water quality and quantity?
Lord Gardiner of Kimble
The noble Lord raises something hugely important: we have not only to adapt but to mitigate. That is why the environmental land management schemes, involving what we hope will be 70% of the land farmed in this country, will be precisely about how we mitigate and adapt and how we ensure that we improve water quality through things such as planting trees and better environmental management generally.
Lord Ribeiro (Con)
My Lords, I declare an interest as a riparian owner. Abstraction is an issue in any area with few reservoirs, and particularly with rivers designated as being of special scientific interest. Of equal concern is abstraction for commercial purposes to clean salads. In particular I point to Bakkavör, a company in Alresford, which imports salads from Europe and cleans them, and the water then goes back into the river system. My question to my noble friend the Minister is: what steps can we take to ensure that water that goes back into the river after cleaning processes is of the same quality as the water abstracted in the first place?
Lord Gardiner of Kimble
My Lords, this goes back to the point about needing to ensure that we reduce abstraction and that we have only sustainable abstraction of water. On the principle that the polluter pays, we certainly need to ensure—and we do increasingly ensure—that people using water return it in better quality than they might do now.
Lord Davies of Stamford (Lab)
My Lords, our rivers are now cleaner than at any time since the Industrial Revolution. That is a very reassuring and fine achievement, but is it not largely the result of the environmental policies and directives of the European Union?
Lord Gardiner of Kimble
The noble Lord raises the point that we are bringing back environmental law. We the British have been some of the pioneers of that within the European context and we are very pleased to have that environmental enhancement, wherever it comes from.
Viscount Ridley (Con)
My Lords, the Northumberland Rivers Trust, of which I was at the time a trustee, tried to solve the problem of poor water quality in the River Blyth in spring and summer, when it went turbid and cloudy and there was a detrimental impact on the ecosystem. After doing a lot of work on farms, it was concluded that the main problem was the invasive alien signal crayfish. Does my noble friend agree that invasive alien species are a form of pollution that can be even more damaging than other forms?
Lord Gardiner of Kimble
My Lords, even invasive species usually need good-quality water in which to, unfortunately, flourish. I am very strong on this—invasive species have caused great harm to our natural ecosystems, and we need to manage those species properly, because otherwise we will lose our natural ecosystems.
Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment etc.) (EU Exit) Regulations 2019
Lord Gardiner of Kimble Excerpts(5 years, 9 months ago)
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Lord Gardiner of Kimble
That the Grand Committee do consider the Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment etc.) (EU Exit) Regulations 2019.
Relevant document: 14th 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, veterinary medicines are tightly regulated here in the United Kingdom and in Europe. They are essential for the treatment of animals and ensuring animal welfare but can also present a risk to human health and the environment. If misused, they can affect human health directly or may enter the natural environment, causing long-lasting damage. The UK’s existing Veterinary Medicines Regulations 2013 set out the requirements on the manufacture, authorisation, supply, possession and administration of veterinary medicines in the UK.
Separately, the surveillance of residues from veterinary medicines in animal produce is an important safeguard to provide assurance that any meat, eggs or milk consumed is free from harmful residues of medicines used in animals. The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015 provide for a surveillance programme for residues in England and Scotland. These regulations adopt the level of permissible residues set by the EU and also prohibit the use of certain substances as growth promoters. As residues surveillance is a devolved matter, there is equivalent secondary legislation covering Wales and Northern Ireland.
The Government share the British public’s high regard for animal welfare and the need for safe and effective veterinary medicines. These regulations address technical deficiencies in our veterinary medicines legislation to ensure that it continues to operate effectively when we leave. They will ensure that the legal framework continues to provide an effective regime for the regulation of veterinary medicines through which we can safeguard the well-being of our animals. The instrument does not diminish the high standards in the established veterinary medicines and residues surveillance regimes. I emphasise that the amendments in this instrument are to ensure operability and that the high safety standards we have in place will continue. I particularly emphasise, given the reference in the Explanatory Memorandum to some concerns, that these regulations—I repeat this on the record—are for nothing other than to retain the high safety standards that we all desire and must have in this country.
The UK’s regulator, the Veterinary Medicines Directorate, is already established as one of the leading regulators in Europe for veterinary medicines and will continue to lead on the international stage. The current legislation is designed to work in the context of EU membership. Some elements will therefore not work sensibly in a national context. Part 3 of this instrument amends the existing national legislation. For example, the mutual recognition provisions for medicine approvals between member states are no longer relevant. Similarly, approvals of generic marketing authorisations rely on the sharing of information between member states, and cannot continue to operate in the same way. Minor corrections are also made to the text to address references concerning EU membership which are no longer accurate or appropriate.
The instrument introduces a change in relation to the location of holders of marketing authorisations for veterinary medicines, which is needed as a consequence of leaving. Marketing authorisation holders must be established in the UK. As set out in the Explanatory Memorandum, this may result in a small increase in cost to those marketing authorisation holders currently based outside the United Kingdom. This is necessary to ensure that there are appropriate regulatory controls to ensure full compliance with UK law and standards, and that all marketing authorisation holders are treated equally. It is vital that marketing authorisation holders can be held accountable for their products, and these regulations provide for that.
Part 4 of the regulations sets out the necessary amendments to retained EU regulations. Regulation 470/09 sets out how maximum residue limits for substances used as veterinary medicines are set. MRLs are the maximum safe limit of a particular substance in produce from animals. These limits are used to establish withdrawal periods—the period that must elapse after the last administration of a medicine before produce from that animal may enter the food chain.
The Government have proactively engaged with the animal health industry to ensure that the regulatory regime continues to function effectively after exit day. I have met the veterinary pharmaceutical industry association, the National Office of Animal Health, on a number of occasions as part of our extensive engagement. Officials from the Veterinary Medicines Directorate continue to hold regular meetings with key industry representatives. Industry has welcomed our proactive and continued engagement with them. We have also worked comprehensively with the devolved Administrations on this instrument where it relates to devolved matters, and they have given their consent to this instrument being made on a UK-wide basis.
The Government are committed to ensuring continued levels of protection for human and animal health, as well as making it straightforward for businesses to put products on the market; and ensuring UK businesses and individuals can continue to access a range of veterinary medicines. This instrument will help to maintain the established veterinary medicines and residues surveillance regimes, and ensure that an effective regulatory framework for veterinary medicines is in place. It remedies deficiencies in the law to enable that operability and I beg to move.
Lord Trees (CB)
My Lords, I thank the Minister for his explicit and clear explanation of these regulations. I have very little quibble with them, but just a few points. As he emphasised, a significant change is to require the holders of market authorisations to be registered in the UK. This will impose a small burden. About £100 was estimated in the Explanatory Memorandum, which seems extremely reasonable and justified, because this measure is required to bring the market authorisation holders under UK legal jurisdiction. That is clearly extremely important to protect animal health and public safety.
The monitoring of residues, to which the Minister referred, is extremely important. As he mentioned, it is devolved. Can he tell us which processes are, or will be, in place between the devolved authorities in the UK to ensure that we maintain consistent levels and standards, so as not unduly to interfere with internal trade within the UK? I was going to ask the Minister about the concerns raised by your Lordships’ Secondary Legislation Scrutiny Committee in relation to the lowering of standards, but I accept his assurance that those concerns are unfounded.
Finally, I make a plea to the Minister, which I am sure he will fully understand. These regulations will significantly increase workload for the regulatory departments in our pharmaceutical companies, which form an important industry in the UK. I ask him to ensure that at least some degree of understanding and flexibility applies to the government agencies responsible for interacting with those companies. All in all, however, this is a very satisfactory SI.
Lord Gardiner of Kimble
May I help the noble Baroness? I have a slight feeling that this might be in tune with the next SI, on the animal products and arrangements, rather than veterinary medicines, but I may have got that wrong.
Lord Gardiner of Kimble
This may well come into the trade and animal-related products SI.
Baroness Jones of Whitchurch (Lab)
My Lords, I thank the Minister for his introduction to this SI and his helpful briefing beforehand and all noble Lords who have spoken. As the EM set out, this is an important issue for animal welfare, the safety of treated animals, the people handling the medicines, consumers and the environment. It is important that we get the regulation of veterinary medicines right for the future. We know, for example, that the overuse of antibiotics in animals is contributing to a developing public health crisis, as resistance and immunity to their impact becomes more widespread. It is very important that we are able to continue to harness the best and latest scientific advice to control the use of veterinary medicines.
The EM also made it clear that a partner SI will set the future maximum residue limits. Unfortunately we do not have before us today. We have debated why that happens on many occasions, and I will not repeat those arguments.
Both the Lords and Commons Scrutiny Committees recommended that this SI should be upgraded from a negative to an affirmative procedure. They did so for two reasons, which I would like to explore in more detail. First, they had concerns about the new requirement on holders of marketing authorisations for veterinary medicines to be based in the UK. The Minister has already explained in a little detail why this is necessary. The Explanatory Memorandum states that 90 companies would have to establish a UK base. Can the Minister say whether we have concerns about the quality of any authorisations currently being carried out by these 90 companies? The cost of registering a UK base seems insignificant, but, as the noble Baroness, Lady McIntosh, and others have said, the Scrutiny Committees were concerned that some of the companies would not simply bother to register and would therefore not be able to authorise EU veterinary products being imported to the UK. Can the Minister explain the consequences for animal health if this were to happen? Could there be a shortage of products? Has any risk assessment been carried out to ensure that this will not be the case?
Can the Minister also respond to concerns that if we banned products from EU companies that did not have a base in the UK, the EU could retaliate and ban UK-authorised products in the EU? Can he clarify whether products authorised by UK marketing companies will still be valid in the EU after exit? This is particularly concerning given that mutual batch testing would cease after Brexit. This would mean that additional checks for veterinary medicines manufactured in the UK and exported to the EU would have to apply. Is any dialogue taking place to ensure that these trade issues are resolved? Has an assessment of the risks to UK research and business been carried out?
The EM gives the reason for requiring a UK base as being to facilitate enforcement, as the Minister said. It goes on to say:
“The ability to prosecute a holder in appropriate circumstances is an important deterrent to bad practice”.
Can the Minister explain what these bad practice risks are? Which UK agency would prosecute the companies if bad practice continued to exist? Have there been any prosecutions in recent memory? I am trying to get to the bottom of where that concern really lies.
The Scrutiny Committee also raised concerns about the potential lowering of safety standards in respect of certain amendments. Clearly this is a scenario we would want to avoid at all costs. The SI appears to retain many of the standards currently in operation within the EU. Can the Minister confirm that we will comply with EU regulatory standards or standards at least as stringent as those currently in place?
We will no longer have the checks and balances on standards which the EU offers. Responsibility for some decisions will now be delegated to the Secretary of State. For example, under Paragraph 22, the veterinary medicines regulations are amended to say that before placing an immunological product on the market, written approval must be sought from the Secretary of State. Can the Minister clarify which agency or department will be authorised to give this approval and what scientific evidence will be required?
With regard to applications for new or amended residue limits, page 9 refers to an appropriate authority producing an assessment report with a risk assessment. In this case the appropriate authority is again defined as the Secretary of State, so will he, in effect, be making a recommendation to himself? Can the Minister clarify how the responsibilities will be defined so that there is a separate assessment and decision-making function?
There are several references to exporting countries having,
“equivalent medicines regulation standards to those of the United Kingdom”.
Can the Minister clarify who will determine whether those standards are equivalent?
For the avoidance of doubt, can the Minister state categorically that there is nothing in this SI that would enable the USA to start exporting hormone-injected beef to the UK? He will know that this is a matter of great concern to the British public. I look forward to his response.
Lord Gardiner of Kimble
I am most grateful to all noble Lords for their contributions. We will consider another SI which is yet to clear JCSI. I want to put on record that I am fully seized of the point that statutory instruments should be grouped together wherever possible, appropriate and helpful to your Lordships in scrutinising regulations.
Although I mentioned it in my opening remarks deliberately, I emphasise again that this SI is absolutely about continuing existing high standards for veterinary medicines and ensuring that UK businesses and individuals can continue to access as wide a range of veterinary medicines as possible. I specifically reassure the noble Baroness, Lady Jones of Whitchurch, that there is no way that this statutory instrument can do anything to unpick the existing ban on hormone growth promoters, as it is already in UK law. I repeat emphatically that this is not the purpose or intent of these regulations.
A number of your Lordships mentioned the requirement for marketing authorisation holders to be established in the UK, which will result in a small additional cost—there are references to £100 and a further annual fee of £40. We believe it is necessary to ensure the safety and effectiveness of UK medicines and that all companies can be held accountable for the medicines they market. We have endeavoured to make this process as simple and robust as possible. The cost of establishing a UK presence is small compared with the overall cost of developing a medicine and bringing it to market. We do not believe that companies will be discouraged from bringing their products to the UK market. All new companies wishing to market products in the UK may continue to manufacture medicines in Europe and elsewhere, but as a company they must be established here in the UK.
The noble Lord, Lord Addington, is right that we considered alternatives when preparing this in order to provide the same assurance that the products in question are safe and effective. Final manufacturing and product surveillance assurance processes would have been required to take place in the UK under that alternative. That would mean moving manufacturing processes and staff and would certainly have resulted in significant increases in costs to industry. This is why we chose the option that we believe provides the necessary assurances that we would require with the least impact on and cost to business. As the noble Lord, Lord Trees, said, it is a reasonable and proportionate response to what these instruments intended.
My noble friend Lady McIntosh raised the issue of UK companies wishing to market products in the EU. At this stage, the European Medicines Agency has been clear on its expectations. Marketing authorisation holders, final manufacturing certification and post-authorisation surveillance must all be located in the EU. As I have said, our approach has been somewhat different. We have intentionally intended to be pragmatic. We think that is the right way forward. On whether there will be any changes in the arrangements, this is the position as we understand it at the moment. I think this is an area where continuing collaboration is important.
I profoundly agree with the noble Baroness, Lady Jones of Whitchurch, about the imperative of reducing the use of antibiotics in livestock. We must reduce it in humans too. In livestock, there has been a 40% reduction already. We need to go further for all the reasons we understand about animal and human resistance.
Lord Gardiner of Kimble
I am most grateful to the noble Baroness. The EU knows about our arrangements. The way in which we have set out the market authorisation holders could not be a stronger signal to our European friends that we have found what we think is an appropriate way of ensuring that we have the protections we believe we need. We are not being draconian or difficult; we believe that it is important to have an international trade in good animal medicines. That is what we seek. For those reasons, I will look at Hansard for any other points to address. In the meantime, I commend the regulations to the Committee.
Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019
Lord Gardiner of Kimble Excerpts(5 years, 9 months ago)
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Lord Gardiner of Kimble
That the Grand Committee do consider the Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019.
Relevant document: 15th 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, I shall speak also to the instrument grouped with these regulations—the Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019—as I think it will be helpful to noble Lords, given the close connection between the two.
The Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019 amend provisions related to imports, and transit through the EU, of: live animals, including horses; animal products, including meat; reproductive material used for animal breeding, such as semen, ova and embryos; and the non-commercial movement of pet animals.
This instrument importantly ensures operability of our main English animal trade instrument, the Trade in Animals and Related Products Regulations 2011. This is key legislation for the import of these commodities into England that establishes a system for trade in live animals and genetic material with other EU member states and imports of animals and animal products from outside the European Union.
This instrument also ensures the operability of two related instruments that regulate the non-commercial movement of pet animals into Great Britain and ensure protection against the introduction of rabies: the Non-Commercial Movement of Pet Animals Order 2011 and the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974. The Non-Commercial Movement of Pet Animals Order 2011 enforces in Great Britain the EU pet travel scheme, which sets out rules for identification, vaccination and documentary requirements for pets entering member states from other member states or third countries, and the rabies order sets out requirements for quarantine when a pet is not compliant with these rules, in order to protect our biosecurity and prevent the introduction of rabies.
I emphasise that this instrument makes purely technical changes to EU-derived domestic legislation about animal trade to ensure that it continues to operate effectively. It does not introduce new policy and preserves the current regime for protecting the UK’s biosecurity. This instrument applies only to imports and does not legislate for export of animals and animal products from the United Kingdom to the EU. The amendments in this instrument will allow all these laws to continue to work after exit, by, for instance, removing redundant references to EU bodies, functions or legislation and replacing them with domestic equivalents. It will also amend phrases that would no longer be correct, such as changing “legislation of the European Union” to “retained EU law”.
Different parts of this instrument have different territorial extent and application, and the devolved Administrations were closely engaged in its development. Part 2 applies to Great Britain, whereas Part 3 applies to England only. The devolved Administrations are tabling their own versions of the amendments in Part 3, which will generally reflect the approach taken in England.
Without this legislation, there would be considerable disruption to the UK’s import system and a lack of clarity for industry and non-commercial pet travel.
The Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019 again amend provisions related to imports, and transit through the EU, of: live animals; animal products, including meat; genetic material used for animal breeding, such as semen, ova and embryos; and the non-commercial movement of pet animals. The instrument makes purely technical changes to directly applicable EU regulations and decisions. It does not introduce new policy and preserves the current regime for protecting the UK’s biosecurity.
Lord Gardiner of Kimble
My Lords, I rather feel that we have gone into interesting territory on a number of the subjects that, in the end, go back to the parent regulations when we are dealing with technical amendments. However, I will endeavour to answer as many of the important points made as I can.
I start with an explanation for the noble Lord, Lord Rooker, and the noble Baroness, Lady Masham. My understanding—I may need a stewards’ inquiry on this—is that Article 12(2) was omitted because it refers to samples being sent to the relevant European Union reference laboratory but after exit day, in a no-deal scenario, the UK would have no formal access to check test results at that laboratory. The paragraph is therefore otiose. However, I emphasise that there will be no lowering of standards in checks on horses imported into the UK, so there will be no greater risk of horse disease. I have not seen the Friends of the Earth briefing but all the instruments have been checked by two specialist drafting lawyers in addition to our own. I will take a copy of the briefing, either from the noble Lord or any other noble Lord with a copy, back to the department. In truth, I find the statutory instruments pretty impenetrable without a Keeling schedule, and the Explanatory Memorandum gets me out of trouble. I will look into this issue. I want to take this opportunity to reassure the noble Baroness, Lady Masham, that we have absolutely no intention of allowing a diminution in standards. The omission is because we would not be in a position to refer to an EU reference laboratory in that instance.
A number of noble Lords mentioned listing. I discussed these matters with the Chief Veterinary Officer only two days ago. The Commission’s recent contingency action plan states:
“On the basis of the EU veterinary legislation, the Commission will—if justified—swiftly ‘listʼ the United Kingdom, if all applicable conditions are fulfilled, so as to allow the entry of live animals and animal products from the United Kingdom into the European Union”.
Following the UK’s application, there have been technical discussions. We are working with the Commission to process our application quickly. Obviously, I cannot give any assurances on that point. I am not in charge of the Commission on this matter—I wish I were—but I raised it with the Chief Veterinary Officer, who has been in communication and is working on it.
My noble friend Lady McIntosh mentioned pet listing. If she will forgive me, I will write to her on exports, given the huge number of replies I must give on instruments relating to imports. I understand the import/export point, but a lot of the detail on exports is not in the department’s gift. It will be a matter for negotiations and arrangements, but I have set out our proportionate views on how we in this country, where we will have responsibility, will deal with animals and imports coming in from the EU.
On pet listing, the department has submitted its application to allow the UK to become a Part 1-listed third country under Annexe II of the EU pet travel regulations and is currently in technical discussions with the European Commission. Obviously, it will be for the Commission to consider our application. Clearly, if we become a Part 1-listed country, there will be very little change to current pet travel arrangements.
Lord Knight of Weymouth
Before the Minister moves off border inspection posts, can he comment on the role of BIPS in terms of exports, whether we have sufficient capacity and whether the scenario I painted in respect of Northern Ireland is accurate?
Lord Gardiner of Kimble
On the particular points about exports, my understanding is that, from the point of view of port authorities and others such as port health authorities, the ports feel that they have sufficient resources to handle imports and exports. However, I think it would be helpful, particularly given my noble friend Lady McIntosh’s points about exports and imports, if after this debate I produced one page on imports and one on exports as to how the geography looked.
On the noble Lord’s question about import notification systems, with us no longer being part of EU TRACES, the noble Lord is right that we will introduce our own system for import notifications and controls: the Import of Products, Animals, Food and Feed System. IPAFFS will allow importers, or agents acting on their behalf, to create an import notification and legal declaration of consignments bound for the UK before arrival. The notifications will be received by the port health authorities, which can then recall checks on the system. IPAFFS is being released in phases, with testing already under way, and will be available for those importing from outside the EU from day one.
However, as the noble Lord has said, UK importers importing from the EU will need to use a separate electronic process until the summer of this year. My note here says, “Why the delay?”, so I should say that the highest-risk goods such as live animals, germplasm and certain animal by-products currently require an ITAHC validated by an official vet in the EU member country on TRACES. The UK is then notified of the movement and required health assurances to follow risk-based post-import checks. To ensure certainty for businesses, and to ensure IPAFFS’ delivery for non-EU imports from day one, Defra has decided to remove EU imports from the system until the full functionality is available in the summer. As a result, UK importers importing from the EU will need to use separate electronic system processes, as I have said.
Detailed guidance is to be published very shortly. This process is expected to involve importers downloading forms from GOV.UK and emailing them to the APHA to process ahead of any import arriving in the UK. The rules on the documentation required for travel are unchanged. The APHA will continue to arrange post-import checks on high-risk consignments and sample checks on low-risk consignments, as it currently does. In other words, the same arrangements on checking would continue. I sense that the noble Lord has another question.
Lord Knight of Weymouth
I am terribly grateful. I understand that there is a need for the new system to be fully functional—I guess, to be able to have the right integration with TRACES. The question then is: if it is just an interim system, is it already in existence? Is it being tested? Can we have some assurance that it will work smoothly? The new one is not fully functional yet there is some magical interim solution that is going to work, which seems a little odd to me.
Lord Gardiner of Kimble
Again, the best thing I can do is to ensure that I get this absolutely right. We are undertaking this in the phase I described to ensure that importers know which system they should use and have a guarantee that the system works. The system we are bringing in—IPAFFS—is being tested and is working. Dialogue and engagement with importers is under way. We thought it pragmatic to ensure a straightforward interim system for importers from the EU, until I can give your Lordships an absolute assurance that IPAFFS will work for the full range of them. Most importantly, this ensures that the level of checks will not change, so high-risk consignments will benefit from the clarity of checks and low-risk consignments will face the same arrangements.
Lord Gardiner of Kimble
It will be pulled off GOV.UK and sent to the APHA, in the same way as it would be checked in arrangements from the EU where the EU standards will be the same as ours from day one.
My noble friend Lady McIntosh mentioned EFSA. Obviously, these decisions will relate to negotiations. The FSA undertakes robust risk assessment and provides evidence-based risk management advice and recommendations for future food and feed safety issues. The FSA has built its capacity for risk assessment and risk management. The independent scientific advisory committees are being strengthened by recruiting new experts to establish three expert groups. The FSA has already expanded its access to scientific experts providing advice and other scientific services to inform our work. However, again, it is not in my gift to talk about EFSA. It is a matter for negotiations at a later stage.
Lord Rooker
Following what the Minister said in reply to the question from the noble Baroness, Lady McIntosh, I suggest that he had better have a better answer when he comes to deal with the food regulations next week. The noble Baroness asked about RASFF, the rapid alert system for food and feed, but the Minister has not addressed it. We understand that there is still no agreement on whether we can participate in it. The only countries allowed to participate are EU members and EEA members. We need an answer on that. Every day, 10 alerts are issued around Europe—3,800 a year—but we will not be part of that system. The Minister will be asked about that when he comes to deal with the food regulations next week, whereas on this instrument he can easily say that it is slightly outside the scope of the regulations.
While I am on my feet, I know that the Minister has not finished but I am waiting for an answer to the question about farmers needing to take their animals to the central Belfast airport before they can reach the border. I have not heard an answer to that yet.
Lord Gardiner of Kimble
My Lords—[Interruption.] Do I need to look at that? This is very novel for me. The Government continue to negotiate full access to the rapid alert system as it will be mutually beneficial for the EU and the UK. I am rather looking forward to an Oral Question from the noble Baroness, Lady McIntosh, on the matter too so noble Lords will get all the bites of the cherry.
The noble Lord, Lord Knight, referred to Northern Ireland. Although it is desirable for the four nations of the UK to co-operate in respect in powers returning from the EU, the SIs do not extend across the entire UK. The UK Government will co-operate with the devolved Administrations so that, for example, powers can be exercised concurrently and collaboratively where appropriate. Continuing close co-operation between the UK Government and the devolved Administrations remains essential to ensuring that an exit works for all parts of the kingdom. These instruments involve joint decision making. We are working with other administrations to agree the detail of the process for delivering joint decision making, as set out in the SI.
I will come back quickly to the tripartite agreement but I have not finished with all the questions asked by the noble Lord, Lord Knight. There is no current intention to increase fees for import checks. I can assure your Lordships that the normal consultation procedures with affected sectors would apply if they were to be increased.
Baroness Parminter
We still have not got an answer about Northern Ireland. It is a really specific question. The Minister’s point about co-operation with devolved Administrations is fine, but my understanding is that things are not going that well over there at the moment. What is the position with regard to animals? Are they having to go to an airport and back again? Can we have some clarity on that point?
Lord Gardiner of Kimble
That is an interesting Box note. I think the most important thing is to say that I will write to your Lordships in respect of all those matters. As I have said, this particular SI is absolutely not about exports, but I have ended up answering a lot of questions about them. If I was going to start to get tetchy, I would say, “This instrument is about imports, my Lords”. If one wants to spend five hours talking about the whole architecture, we will lose the thread of having proper briefings and discussions on matters so that I can give your Lordships proper answers. I am not a magician. I do not know all the answers about exports at this stage. Noble Lords will get them when I am in that position, and I will write to them on those matters.
Regarding the tripartite agreement, all these matters are for negotiation. We understand fully that this has worked very well for the UK, Ireland and France, and have issued technical notices on equine movements. It is clear that the UK would no longer have access to the tripartite agreement if we were to leave with no deal. The equine sector, with which we have worked extremely strongly, understands the position. Technical notices have been circulated and are widely put across in the equine sector. I will ensure that that element of the points is put in the note that I will send—as I said, it will include exports, although those are way out of scope with the technical instrument about operability on imports before your Lordships this afternoon.
Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019
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Lord Gardiner of Kimble
That the Grand Committee do consider the Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019.
Relevant document: 15th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B)
Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019
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Lord Gardiner of Kimble
That the Grand Committee do consider the Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, the Government take the issue of waste and resource efficiency very seriously and place real importance on this area. We always have in mind the need for strong policies to enhance and promote the circular economy and encourage actions to reduce, reuse and recycle. This instrument being presented before your Lordships makes technical changes to ensure the operability of waste-related legislation after exit. These technical and legal amendments will maintain the effectiveness and continuity of UK legislation that would otherwise be left partially inoperable following our exit from the EU. We wish to ensure that the law will continue to function as it does today. It will preserve the current regime, ensuring protection and maintaining improvement in the environment.
I can assure noble Lords that these adjustments represent no changes of policy, nor will they have an impact on businesses or the public, or indeed put any additional burden on or require any working practice changes for the Environment Agency or other UK enforcement bodies. Our recently announced resources and waste strategy sets out how we will preserve our stock of material resources by minimising waste, promoting resource efficiency and moving towards a circular economy. At the same time, we will minimise the damage caused to our natural environment by reducing and managing waste safely and carefully, and by tackling waste crime. It combines actions we will now take with firm commitments for the coming years and gives a clear longer-term policy direction in line with our 25-year environment plan.
The instrument makes technical amendments to three waste-related Acts of Parliament: the Control of Pollution (Amendment) Act 1989, Part II of the Environmental Protection Act 1990, and the Waste and Emissions Trading Act 2003. It also amends 14 related EU regulations and decisions to ensure operability. The general changes in this instrument include amending references to the European Union, EU institutions and EU administrative processes to UK equivalents, and updating legal references to refer to relevant UK legislation. The instrument introduces modifications into the Acts of Parliament and retained direct EU legislation relating to waste, so that references to EU directives continue to function after exit day as they function before exit day.
One purpose of these modifications is to ensure continuity as to which public bodies exercise certain functions. Those obligations and discretions placed on member states under the directives will continue to be exercised after exit by the same appropriate authorities, appropriate agencies and/or local authorities before exit. In this context, “appropriate authority” means the Secretary of State in relation to England and each of the devolved Administrations in relation to their respective parts of the United Kingdom. “Appropriate agency” means the Environment Agency in relation to England and the relevant environment agency or body in the other parts of the United Kingdom.
The main amendments made to these EU regulations by this instrument are therefore to insert new provisions which set out modifications to the way in which references to EU directives in the EU regulations are to be read on and after exit day. Additionally, technical operability amendments are made to account for the fact that we are no longer a member state. The UK will no longer be allowed to authorise participation in the EU’s Eco-Management and Audit Scheme, known as EMAS.
In the United Kingdom, verification will be through a conformity assessment body accredited by the United Kingdom Accreditation Service. In the meantime, verifiers can still apply to be accredited EMAS verifiers through other member states offering the service. Defra made all the businesses and organisations directly impacted aware of this prior to legislation being laid.
Lord Gardiner of Kimble
My Lords, I first thank the noble Baroness, Lady Jones of Whitchurch, for her generous remarks on the drafting of the statutory instrument and Explanatory Memorandum. I am the first to say that I always go to the Explanatory Memorandum and hope that I can then somehow figure out the statutory instrument—so many regulations can be most complicated. I will pass the noble Baroness’s remarks back as a template; they are on the dot.
I re-emphasise from the start that these regulations make only technical changes that maintain continuity. They will not: make any changes to policy; lead to any change in operational delivery; impose additional costs on businesses, individuals or public organisations; or result in any additional environmental impacts, compared with the legislation being amended or replaced.
The noble Baroness, Lady Bakewell, made an important reference to the efficiency of recycling processes under paragraph 2.2 of the Explanatory Memorandum. Regulation 493/2012 sets out a method of calculating recycling efficiency in relation to waste batteries and accumulators. The calculation method is set out in Annexe I to that regulation. It provides a standard approach for all recyclers of waste batteries so that, in any given case, it can be confirmed whether recycling processes have met the minimum efficiency standards set out in Annexe III to Directive 2006/66/EC. I am sorry to be technical again, but I wanted to make that response.
The noble Baroness, Lady Bakewell, also asked about revocations in relation to the end-of-life vehicles directive. The three EU decisions relating to that directive, referenced in the Schedule to the instrument, are to be revoked instead of being retained and amended. Commission decision 2001/753/EC sets out a questionnaire for member states to report on the implementation of the end-of-life vehicles directive. Following exit, the requirements of this decision would be redundant. The requirements of the two Commission decisions on end-of-life vehicles which relate to minimum requirements for the certificate of destruction, and component and coding standards, are already implemented in UK law. This has been done through Regulation 29 in Schedule 3 and Regulation 15 in Schedule 2 respectively to the End-of-Life Vehicles Regulations 2003. Accordingly, these two decisions are to be revoked as their requirements are already embedded in domestic legislation.
I very much agree with the noble Baroness about plastic waste. Clearly, a huge amount is going on in both the public and private sector to reduce the use of plastic, in relation to the resources and waste strategy as well as what we look to retailers to do, but clearly there is much more to be done. I will endeavour to explain the references to the reporting progress requirement, which the noble Baroness, Lady Jones of Whitchurch, emphasised. As has been said, Article 5 of Commission decision 2011/753/EU, as amended by this instrument, requires the Secretary of State to publish a progress report before 1 January 2022. Following exit, it would not be appropriate to publish a report on the implementation of EU obligations.
This amendment commits the Government to publish a report on progress towards the attainment of the 50% target set out in law for England and the devolved Administrations. The format of this report is to be determined, but it would set out whether England has attained the target and any other necessary information on progress in relation to these targets. On the question of progress or implementation, my understanding is that it is all related to it being set out as before: a report on the implementation of an EU obligation would no longer be an obligation when we are no longer a member. The noble Baroness should not interpret removing “implementation” and putting in “progress”—
Baroness Neville-Rolfe (Con)
I am sorry to intervene but on this important subject of reports on recycling, particularly of plastic waste, which my noble friend will remember that I am very interested in, he seems to be saying that this is about implementing an EU obligation which we will no longer have. I thought that the principle of these regulations, which I fully support, was to bring into UK law equivalent provisions to those that exist in EU law. Therefore, it would be helpful if he could tell us—either now or in writing—what the plan is for reporting on the recycling of plastic and other waste in the UK once these regulations come in, because I am worried that there might be a gap. I think that is what the noble Baroness was saying earlier.
Lord Gardiner of Kimble
The noble Baroness is absolutely right. It is in reference to Article 11(2) of the waste framework directive, which is still referred to in domestic legislation with the modifications that have been made in this instrument. The 50% household waste recycling target is already part of our statute. I understand what she says: she thinks that “implementation” is stronger than “progress”. But because it is already in statute, it is still going to have to deal with whatever references are contained in Article 11(2). There will still be the same requirements of that directive in setting out whether the target has been attained and any other relevant information.
The noble Baroness referred to the environment Bill, which clearly everyone is waiting for. Everyone will be waiting for the new independent body—the office of environmental protection, with its powers to review and take action in relation to the attainment of this target. We will definitely need to attend to those points.
I also have some references, which I have mentioned before. It is understood that with the environment Bill not being on the statute book until sometime in the second Session, while I am not in a position today to talk about the form of that body, the Government have made it absolutely clear that there will be no governance gap. If there were any issues between the day of exit and the day of that office having legal authority, it would be in a position to act on it with full authority. Clearly, the body needs to have a legal entity but, in the meantime, interim arrangements will be announced should there be a governance gap. Obviously we are seeking a deal. I think noble Lords realise that everyone wants a deal, meaning that there would not be a governance gap, but if there is a need to ensure that these matters are attended to, announcements would be made.
Perhaps I should not quibble about the word, but I had better use it again and refer to the “progress” report. We will publish, as we do, yearly statistics setting out the UK and devolved Administrations’ progress towards meeting the 50% recycling target. We need to do it.
I am afraid that I did not realise my noble friend Lady Neville-Rolfe has been here since the beginning of the debate. I am sorry. I would have expected her to say something before. These statutory instruments are absolutely to do with operability. We will need to attend to a range of areas through the resources and waste strategy and the clean growth strategy. As I said, work is going on in the public and private sectors to ensure that we move quickly to a circular economy so that we are less wasteful as human beings.
On efficiencies and transitional provision for EMAS, EMAS Global is the European Commission’s answer to allowing non-member states to enter and place goods on the market in accordance with the management standards set out in EMAS. Those are the arrangements as I understand them.
The noble Baroness, Lady Jones, mentioned the wording “appropriate authority”. This wording has been used more frequently in exit SIs where modifications have been made to EU directives. By their nature, directives often place obligations on a number of different authorities, and we need to maintain that effect. In other EU regulations, decisions are placed more firmly on a finite set of authorities and bodies. In those cases, EU exit legislation will refer specifically to the authority in question.
On poultry and the connection between extractive waste and animal health, given the reference in Regulation 9, I should say to the noble Baroness, Lady Jones, that the reference to EU poultry legislation relates to modifications to the industrial emissions directive which is further down the page. The connection between the two is that the industrial emissions directive applies to pollution arising from industrial activities. One of those activities, which is described further at 6.6 of Annexe 1 of the industrial emissions directive, is the intensive rearing of poultry and pigs. I hope that explains how that appears on that page.
The noble Baroness, Lady Bakewell, raised hazardous waste. Annexe 3 of the waste framework directive sets out the definition of waste which can be classed as hazardous. The statutory instrument makes provision in law to allow reference to Annexe 3—I am sorry, I will have to set that out more clearly—in delivering what waste can be considered hazardous. I have an awful feeling that my official must have been a doctor in another life—prescriptions for chemists are always interesting. I should declare that I have three godchildren who are doctors.
Baroness Bakewell of Hardington Mandeville
Unless I missed it, the Minister did not refer to the committee on waste management. I am very concerned about what, if anything, will replace it.
Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
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Lord Gardiner of Kimble
That the Grand Committee do consider the Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, as indicated, this instrument extends to Northern Ireland only. I am most grateful to officials from the Department of Agriculture, Environment and Rural Affairs who are here today to assist with advice and support.
The island of Ireland has only 10 native species of fish, which is 40 fewer than in Great Britain and 80 fewer than continental Europe. With fewer species, in turn, it has fewer aquatic pests and diseases and consequently has a higher aquatic health status. We must ensure that this situation is maintained. We also acknowledge the vulnerability of the Northern Ireland aquatic environment and therefore the aquaculture industry to the introduction of diseases and alien species.
In Northern Ireland, aquaculture is a small but very valuable market. In 2017, Northern Ireland aquaculture production accounted for 1,248 tonnes of fin-fish at a value of £6.8 million on 36 active licensed sites, and 5,831 tonnes of shellfish at a value of £9.07 million on 43 active aquaculture sites. The sector employs 93 full-time and 33 part-time staff. Freedom from disease underpins international regulations on the trade in live animals and their products. Northern Ireland enjoys a higher health status than the rest of the UK, as I said, as many of the most serious aquatic animal diseases do not currently exist there. The maintenance and protection of Northern Ireland’s aquatic health status safeguards the interest of the aquaculture sector, as well as the public, who derive health and well-being benefits from angling and other recreational activities.
This instrument will provide the necessary technical corrections to the Aquatic Animal Health Regulations (Northern Ireland) 2009—the principal regulations—and the Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012 to enable operability when the UK leaves the EU. These regulations do not introduce any policy changes.
The UK Government remain committed to restoring devolution in Northern Ireland. However, in the absence of a Northern Ireland Executive, UK Ministers have decided that in the interest of legal certainty in Northern Ireland the Government will take through the necessary secondary legislation at Westminster for Northern Ireland, in close consultation with the relevant Northern Ireland department.
The proposed amendments fall into three main categories. First, cross-references to EU instruments are amended so that they are operable. These amendments modify cross-references to the 2006 directive contained in the principal regulations, and are essential to ensure the operability of those regulations. These are common amendments which appear throughout EU exit statutory instruments for Northern Ireland, England and Wales and Scotland. The amendments include: the substitution of references to “Member State” or “Member States” with references to “Northern Ireland”, “the Department of Agriculture, Environment and Rural Affairs”, “Competent Authority”, or “UK or a constituent UK territory”; the substitution of references to “EU” with references to “UK”; and the substitution of references to articles in the directive with references to provisions in the domestic Northern Ireland regulations that transposed the directive—for example,
“as if … the reference to Article 4 of Directive 2006/88 were to regulation 7”.
Some of those cross-references themselves contain further cross-references to the directive. In those cases, the cross-references have been followed through to modify all necessary provisions.
The second category is provisions which will be redundant or inoperable in Northern Ireland law after EU exit. This instrument makes an amendment to the Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012. The amendment removes the reference to a representative of the European Commission being able to accompany an inspector from the Department of Agriculture, Environment and Rural Affairs.
The last category is cross-references to directly applicable EU instruments to reflect technical amendments made to such instruments by other UK-wide SIs. Part II of annexe IV of directive 2006/88 contains a disease schedule which could have been modified only by the EU. It is to be replaced with a new annexe 1A inserted into Regulation 1251/2008 by the UK-wide Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019. That will enable the UK to amend the list in retained EU law following exit. The amendments are made to replace references to annexe IV of the directive with references to annexe 1A to the regulation, which will ensure correct references to retained EU law in domestic Northern Ireland regulations.
Given the unique biodiversity of the island of Ireland, DAERA officials work closely with their southern counterparts on a wide range of fish health issues, especially contingency planning, trade matters, disease and biosecurity. Co-operation on those matters was in place long before both countries joined the EU and will continue when the UK leaves it. There is a very close working relationship across the island of Ireland on fish health and aquaculture. For example, the all-island Bottom Grown Mussel Consultative Forum facilitates the management of the seed mussel fishery on an all-island basis. It consists of officials from government departments, scientists, enforcers, the Irish fisheries board and the aquaculture industry. The group has been instrumental in securing Marine Stewardship Council certification for Irish bottom-grown mussels. That prestigious status ensures premium market access for Ireland’s top-quality mussels, demonstrating that the sector is vigilant in disease prevention and control, maintains high biosecurity standards and is environmentally aware. MSC certification underpins industry and consumer confidence and is a lucrative marketing tool.
The intention of the instrument is to maintain the status quo and keep the aquatic animal health and alien species in aquaculture regimes functioning as now. It does not create new policy or change existing policy. As a result, there are not expected to be any significant impacts arising from it. In bringing forward this legislation, a workable legal framework underpinning business as usual will be preserved after exit for aquatic animal health and alien and locally absent species in aquaculture. As I said, the instrument will assist Northern Ireland with its very high aquatic health status, which it shares with the other part of the island of Ireland. I beg to move.
Lord Adonis (Lab)
My Lords, we are expected to consider these statutory instruments in Grand Committee this afternoon about no deal, but imminently the Chamber will consider another string of statutory instruments regarding no deal at the same time. Incapable as I am of being in two places at once, I want to put on record that I think that situation is totally unacceptable. The more important business is of course in the Chamber, because it can actually approve the regulations rather than simply debating them. I think this is now the fourth time that this has happened. Last time, I made representations to the Government Chief Whip and the Opposition Chief Whip, but clearly those representations have not been effective—otherwise we would not be in this situation again today.
I do not intend to take any further part in the Grand Committee this afternoon, because I need to be in the Chamber, but I intend to speak on these regulations when they come to the Chamber, not least because there is very sparse attendance in the Grand Committee this afternoon, and I think other noble Lords would have wished to be here if they did not have to attend to their duties in the Chamber. I regard this debate as essentially unreasonable, in that it has been scheduled alongside the debates taking place in the Chamber. I do not think they will be able to substitute for the debate in the Chamber because they are happening at the same time.
Baroness Jones of Whitchurch (Lab)
My Lords, I thank the Minister for his clear introduction and for the courtesy of meeting us beforehand. I also thank all noble Lords who have contributed to this debate. I remind the Minister and other noble Lords who have been with us on the journey of these SIs that we remain concerned about the whole process for dealing with them. My noble friend Lord Adonis raised one of the issues, but there are a number of other process issues. I do not intend to repeat them today, but the Minister will be well aware of our concerns. For example, we do not have the aquatic animal health and alien species in aquaculture regulations here today, although the Explanatory Memorandum says they should be linked to this SI. That is just one of the issues about the rather haphazard way in which these SIs are being tabled for consideration.
However, we are broadly in agreement with these regulations. They seem to do their best to maintain the status quo in aquaculture in Northern Ireland. It is clearly important to have a strong biosecurity framework which protects animal health and gives maximum protection from imported and exported disease, so it is important that these regulations are in place from day one.
I reiterate that it is a great regret to us that we do not have a functioning Northern Ireland Executive, so that we have to make decisions in their absence. Perhaps if we were not taking up all government time on the distraction of Brexit the Government would have more time to resolve the huge political challenges that face the UK, but perhaps that is an issue for another day.
On the specifics of this SI, the Minister referred to the close co-operation of Northern Ireland and the Republic of Ireland, and the noble Lord, Lord Teverson, referred to their shared interests, which are inevitable because they share inland waterways and a coastal aquaculture. Obviously there is a particular danger of cross-contamination within those waterways. But have the Government of the Republic of Ireland been consulted on the content of this SI, and have they registered that they are content with our proposals, given that they have such a lot in common with us?
Also, can the Minister explain in more detail how the buffer zones are intended to work? When I read the SI and the Explanatory Memorandum, I was unclear whether this was a new legislative function, and whether this is imposed around each separate aquatic business or on a larger geographical basis. Does this help protect the waterways between Northern Ireland and the Republic?
Finally, I pick up the point raised by the noble Baroness, Lady Macintosh. The Explanatory Memorandum explains in paragraph 7.5 that EU aquatic animal health standards, as we have them at the moment, are higher than international standards, and that if we do not adhere to EU standards in the future, that could result in the UK being unable to trade products with the EU and third countries. It goes on to say that the Government have, therefore,
“decided to maintain regulations regarding aquatic animal health at or above EU standards”.
We very much welcome this approach. It is an approach that we believe should be applied more widely across other food and animal trade issues which will be dealt with in other SIs scheduled for consideration. It could have been applied in our debate last week on pesticides, for example, but the Government took a different approach on that issue and set up a separate UK regulatory regime, which was not linked to the existing EU one.
Can the Minister clarify the actual clause in the SI that gives effect to this policy? Can he also explain the circumstances in which the principle of applying standards at least as good as those of the EU will apply in future SIs, as we all have an interest in this being rolled out more widely? I look forward to his response.
Lord Gardiner of Kimble
My Lords, I am most grateful for a very thought-provoking debate on these matters. I emphasise that the amendments in this instrument are purely about technical changes to ensure that all the arrangements that are being brought over into our statute book are operable and so forth. A number of points were made; if I could run through them and then, if there are any others, I might receive some assistance.
Both my noble friend Lady McIntosh and the noble Baroness, Lady Jones of Whitchurch, referred to equivalent or higher standards. The Explanatory Memorandum states that:
“EU law regarding aquatic animal health set standards equivalent or higher than the international standards set by the … OIE”.
We want to ensure that we are able to trade with our European partners and others post Brexit. Therefore it is vital that our aquatic animal health status is at least of equivalent or a higher standard, to ensure that there are no barriers from a disease perspective. As I have explained, particularly in Northern Ireland, the health status is very high, and there are far fewer aquatic diseases in the island of Ireland. The UK, and Northern Ireland in particular, might want to diverge precisely to set higher standards. We will be able to do so, so that we remain focused on biosecurity and proactive in preventing disease. As I said in my opening remarks, with the far fewer fish diseases that there are on the island of Ireland, that is an absolute imperative.
The noble Lord, Lord Teverson, mentioned the single epidemiological unit. It will of course remain. It actually does not relate to Europe; this is an arrangement agreed by the Irish Government and the Northern Ireland Assembly. As I hope I have outlined, it is absolutely essential if the two Administrations are to deal effectively with ensuring that there is a healthy status.
As I said, there is excellent co-operation and collaboration between DAERA and the Department of Agriculture, Food and the Marine in aquatic animal health and aquaculture. That collaboration is regular and extensive. Both departments work closely with research institutes, such as the Marine Institute in Galway and the Agri-Food and Biosciences Institute in Belfast on a range of fish health issues. Also, the north/south fisheries liaison group involves co-operation on operational issues relating to inland fisheries management. It was established by Inland Fisheries Ireland and its parent department, the Department of Communications, Climate Action and Environment in the Republic of Ireland, DAERA in Northern Ireland and the Loughs Agency. That is important because, if I remember rightly, the five sea loughs are cross-border. The Loughs Agency is a cross-border implementation body, established under the Belfast Good Friday agreement. In addition, there is a north/south standing scientific committee for inland fisheries. I have many other examples of the intrinsic way both parts of the island of Ireland work on these matters.
The noble Baroness, Lady Jones of Whitchurch, asked specifically what consultation there had been with the Irish Government. Of course, as a matter of courtesy, DAERA will inform them of these technical changes at the next bilateral, but there was no formal discussion because, with the continuum of all the fora I have described, this is how it will be operable in Northern Ireland. As a matter of courtesy, DAERA of course has extensive and regular dialogue.
The noble Baroness, Lady Jones of Whitchurch, asked about buffer zones. The wording on buffer zones in this instrument is consistent across England, Wales and Scotland. There is no conferral of a legislative power. DAERA is not transposing article 49(2) of the 2006 directive, but merely ensuring that references to it in the principal regulations, or to provisions that cross-refer to it, operate properly by referring to “the competent authority” rather than “the member state”. The power for DAERA, as the competent authority, to establish buffer zones is precisely to prevent or to limit the spread of disease. The key point is that that is already conferred by Regulation 27 of the Aquatic Animal Health Regulations (Northern Ireland) 2009, which transposes article 49 of Directive 2006/88/EC. I am sorry for what seems rather a considerable number of words, but they are to show that it is within DAERA as the competent authority to establish those buffer zones.
To my noble friend Lady McIntosh I say that, yes, this is a matter for a no-deal scenario but, whether the United Kingdom leaves with no deal or not—obviously, the Government are working extremely hard with others to secure a deal—clearly some of these technical operability points would have to be attended to at some point. I do not believe that a lot of our work would have to be attended to to get it into the prism of being UK or Northern Ireland-compliant. As the competent authority, DAERA will also continue to inspect all live fish imports. The FSA in Northern Ireland has a role in relation to products going for human consumption. The MSC is a certification body only—it does not have enforcement powers in Northern Ireland.
My noble friend Lady McIntosh also raised the question of crabs. Northern Ireland is a strong exporter of crabs landed in the Province, and they are largely sold to the EU, but this should not affect any crabs exported from the Faroe Islands. I was interested in the point raised by the noble Lord, Lord Teverson, about the Faroe Islands, which, no doubt, will be a matter for further consideration and discussion.
The issue of tariffs is still under consideration by the Government, and the Secretary of State said yesterday at the NFU conference that it is matter on which there is considerable focus.
On the question of the export health certificates, the UK remains committed to not imposing a hard border between Northern Ireland and the Republic under any circumstances. In a no-deal scenario, it is assumed that the EU will require an export health certificate for all exports of products of animal origin, which includes all fishery and aquaculture products. For live exports of aquatic animals, fish health certification will be required to meet EU standards—I conjecture that that would apply to Northern Ireland produce, for the reasons I have described. Consignments approved for export will have to be inspected by an official inspector before departure; that will be an increased imposition on current trading arrangements and will ultimately fall to DAERA resources.
I wonder whether there are any other points that I need to answer; if there are any, I will look again at Hansard. I say to the noble Baroness, Lady Jones of Whitchurch, that with Defra business I will use every endeavour to inform all interested noble Lords. Those who contacted the official on the telephone number found in the back of the Explanatory Memorandum—including, I think, the noble Baronesses, Lady Jones of Whitchurch and Lady Parminter—have said to me, “This is wonderful because it so rarely happens”. That is purpose of Defra being a helping hand and not a heavy one, so I encourage that. I informed a number of Northern Ireland Peers that the debate was happening, to say what it was about. They obviously thought the discussions were technical and on operability, but I am very keen that there is this dialogue in the Moses Room. A lot of detailed discussions can take place in the Moses Room. I am mindful of what the noble Lord, Lord Adonis, said about further discussions, but the truth is that all the noble Lords I would expect to see on an issue such as this, where there is a specialism and an interest, are here.
I will look at Hansard to see which areas I might not have precisely covered, but on the basis that I think I have covered as many as I can at the moment, I commend the regulations.
Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019
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Lord Gardiner of Kimble
That the Grand Committee do consider the Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, it is probably appropriate that I declare an interest as a member of the British Horse Society, although, sadly, at the moment I do not own any horses.
The purpose of this statutory instrument is to ensure that EU law regarding equine identification, which will be retained following withdrawal, has the necessary technical amendments made to it so that equine legislation remains operable. This will ensure that the human food chain can continue to be protected and that equines can continue to be traded and moved into and through the EU, while maintaining robust standards of equine health. The current system of equine identification is set out in EU legislation, primarily by Commission Implementing Regulation (EU) 2015/262 —the equine passport regulation.
The regulations before us do not make any changes to current policy or enforcement already in force, but I would like to set out the principal changes that they make. Part 2 sets out the technical amendments to the text of the retained EU equine passport regulation to ensure continued operability. Part 3 makes similar technical amendments to certain directly retained Commission decisions relating to equines—namely, on the collection of data for competitions, the recognition of stud books and the co-ordination of information exchange between those stud books. Part 4 makes amendments to the EEA agreement, as retained in UK law under the EU withdrawal Act.
These necessary technical amendments to ensure operability involve changing references to the Union in the current EU regulation to refer, instead, to the UK or, where the admission of equines with appropriate ID documents from the EU is concerned, to equines from both the EU and the UK. References to authorities in member states are amended to refer to the appropriate authorities in the UK, which in relation to England will be the Secretary of State, in relation to Scotland will be Scottish Ministers, in relation to Wales will be Welsh Ministers, and in relation to Northern Ireland will be the Department of Agriculture, Environment and Rural Affairs.
In Parts 2 and 3 of the regulations, certain articles of the Commission regulation and Commission decisions are omitted by this legislation. For clarification, this is because they contain provisions that will no longer have relevance once Section 2(2) of the European Communities Act is repealed. The omitted articles will therefore become redundant. For example, a requirement to provide for enforcement, or an ability to derogate from the legislation, can no longer be given effect because there will be no legislative power to do so once Section 2(2) is repealed. However, where relevant, necessary provisions have already been given effect by domestic legislation and they will be preserved and continue to have effect by virtue of the EU withdrawal Act.
I draw your Lordships’ attention to one addition that the regulations make, which is the insertion of a new article 15A. This is because, in the event of a no-deal exit, it will be necessary to have the facility to generate a supplementary travel document to accompany some equine movements. Such a document is a standard requirement for certain types of movement originating from a third country. Equine IDs issued by passport-issuing organisations in the UK will not be sufficient for this purpose because the ID must be issued by the competent authority.
This travel document will be necessary only for unregistered equines. These are equines that are not registered on an EU approved stud book or by an international organisation that manages the competition or racing of horses, including ponies. The Animal and Plant Health Agency has drawn up a simple single-page document which will satisfy the requirements of the legislation. It can be printed off and signed by the vet at the same time as other travel documentation is issued. The Animal and Plant Health Agency has taken on additional staff and undertaken training to ensure day-one readiness. In Northern Ireland, the role will be performed by the Department of Agriculture, Environment and Rural Affairs, which has similarly indicated appropriate readiness.
The House of Lords sifting committee raised the cost of blood tests for equines moving into or through the European Union. To be clear, European rules require that third countries must be assigned a disease risk status. There are seven possible categories which are based on the geographic region of the third country and the level of associated equine health risk. Blood testing is a mandatory requirement for all equines from third countries. The number of tests required reflects the disease risk category assigned to the third country. Given the UK’s high health status and high welfare standards, of which we should be rightly proud, we would expect to be assessed as low risk and therefore subject to the minimum of such tests, which should limit the cost implications on the sector.
The UK has already submitted an application to the EU for the third-country listing of equines as a contingency, as part of a wider application covering other live animals and animal products. The Commission has since indicated its desire to list the UK “swiftly”, if necessary. I should stress that these testing requirements, as with the need for a supplementary travel document, are not in any way due to this legislation. Both requirements are a consequence of the UK becoming a third country; thus we would be subject to existing laws set down for third countries. The equine sector is very familiar with blood tests and it is already the industry norm for current UK to third-country movements.
For the avoidance of doubt, while all equines will require blood tests prior to movement, the supplementary travel document will be necessary, as I have said, only with respect to the movement of “unregistered” equines into the EU. My department has been working closely with key members of the equine industry to ensure that the new processes are as simple as possible. We are communicating the detail of the necessary changes to equine owners and all involved in horse movement. The extent of these regulations is the UK. All the devolved Administrations have been consulted and involved in the preparation of this legislation; indeed, they have consented to it coming into force. I beg to move.
Baroness Byford (Con)
My Lords, I thank my noble friend for introducing this statutory instrument. I have one or two observations, but I am grateful to him for explaining why the Lords sifting committee has recommended that it should be an affirmative instrument. Clearly, the blood testing will be new for some people who are going to be exporting. I am also glad that the single lifetime document will continue as it is.
I want to ask my noble friend about an aspect that has always worried me and continues to do so: the export of ponies or horses, which on the whole are supposed to be going for riding or other purposes but often go into the human health chain. I am glad that the SI refers to this because it clearly mentions the potential harmful substances which could be in those animals when they are exported. Can he tell me a little more about the Government’s thinking on that aspect rather than the stud, breeding and horseracing side that we automatically think about? However, I think that hundreds of animals are still being shipped abroad for whatever purpose—in the end, we are not quite sure about that.
I turn to the Explanatory Memorandum. Paragraph 13.2 on page 4 refers to “retrospective microchipping” for older horses,
“which will apply from 1 October 2020”.
What will happen between now and then or is something already in place that I have missed? That is quite likely because these statutory instruments are complex.
As far as I am concerned, I welcome the instrument. It is really a matter of transferring EU laws to make it possible for us to continue in the same way. However, we must bear in mind that becoming a third country brings with it additional requirements for those involved in the sector. However, I am much more at ease with those that are registered than perhaps I am with the unregistered. I am not sure how this statutory instrument deals with that aspect of animal welfare and, in fact, in the end of human health welfare too.
Lord Gardiner of Kimble
My Lords, I am most grateful again for this very constructive debate. Some of the issues have gone beyond the instrument itself, but I am delighted to answer as many of them as I can. If there are points of detail to follow up, I will ensure that we do so.
In reply to the noble Baroness, Lady Parminter, and the noble Lord, Lord Trees—in fact all of your Lordships, because this is something that we all care desperately about—this SI absolutely is about the continuation of the existing high standards of biosecurity and equine health. There is no change to anything at all in these technical and operability amendments. I say again to my noble friend Lady Byford and the noble Baroness, Lady Parminter, that there are absolutely no changes in the standards required for horses entering the food chain. Articles 34 and 37 of EU regulation 15/262 cover the action that must be taken when an equine dies or is slaughtered to ensure that the animal’s ID and medication record reflect any medical products administered to the animal and its status regarding the food chain.
In reply to the noble Lord, Lord Trees, and the noble Baroness, Lady Parminter, the Food Standards Agency enforces checks carried out at slaughterhouses and will take appropriate enforcement should that be required. The combination of the legislation, passports, microchips, the UK’s central equine database and checks by the FSA help to ensure that, with that architecture, the safety of the human food chain is secure.
To confirm, because it is terribly important, particularly to my noble friend Lady Byford, these regulations will not affect government policy on the slaughter of equines for food. The existing equine identification rules do not prevent the slaughter of an equine for human consumption, provided the equine is properly identified in accordance with the legislation and has not been signed out of the food chain.
On the issue of passports, which the noble Baroness, Lady Parminter, and the noble Lord, Lord Grantchester, referred to in one sense, the current rules around applications for and the issuing of an equine passport are set out in our domestic regulations—for example, at Regulation 6 of the Equine Identification (England) Regulations 2018. For article 12, referred to by the noble Lord, Lord Grantchester, concerning a derogation allowing for a shortening of the deadline for issuing a passport, domestic secondary legislation already sets out the appropriate and necessary deadlines. Therefore, the article is omitted from the retained primary because it is covered in domestic law. The relevant provision in England can be found in Regulation 6 of the Equine Identification (England) Regulations.
On the point raised by the noble Lord, Lord Grantchester, semi-wild ponies are in so many ways an iconic and cultural part of many of our wonderful landscapes. Article 13, which was omitted from the retained legislation, contains the derogation available on semi-wild ponies. The domestic regulations, which came into force for England on 1 October 2018 and in Wales on 12 February 2019, make use of the derogation for semi-wild ponies. Therefore, the allowance rules pertaining to semi-wild ponies are not changing. For example, this is a provision in Regulations 17 to 23 in Part 3 of the Equine Identification (England) Regulations. An equivalent provision is made in the Welsh regulations.
I am well aware of the long-standing nature of the tripartite agreement, which was raised by my noble friend Lady McIntosh. The Government recognise the importance of the tripartite agreement and we have published the implications of a no-deal Brexit on equine movement in the technical notice Taking Horses Abroad if there’s No Brexit Deal. This made clear that we would no longer have access to the tripartite agreement if the UK leaves without an agreement. Of course, we are seeking and want a deal, and I am well aware of all the equine interests. There has been a very strong working relationship with the equine sector for a long period of time. We fully realise that we want to ensure the free movement of equines as part of the tripartite agreement. If we did not have that access all EU member states would be subject to the same rules on equine movements—we are planning for this scenario, although we do not want these circumstances to arise. I think everyone in the equine world—many in Ireland, although not so many in France—is working as hard as they can to get these matters resolved.
My noble friend Lady Byford mentioned retrospective chipping. This is in our domestic regulations. The 2020 deadline for microchipping is to give time to owners of horses that were not previously required to be microchipped to adjust to the new requirement, but these microchipping requirements are so important for identification if horses are stolen or get loose, or if there are strays. There are all sorts of reasons why it was absolutely right that we extended microchipping to all horses and to give that ability for older horses that were not part of the original regime. I suggest that anyone who has not had their horse microchipped and, inevitably, has a routine visit from the vet, gets it done at the same time.
A number of other points were made. As I said in my opening remarks—the noble Lord, Lord Grantchester, referred to it—we have been in close communication with the Commission about a listing, not only on this matter but more widely. Clearly, the stud book issue is alongside that. Although obviously I cannot guarantee it, we are very positive about the response and understanding in the reference to “swiftly” because member states are of course keen to continue with the movement of equines, particularly between the Republic of Ireland and the UK, where there is a strong equine connection, and indeed between the UK and France. It is absolutely understood that it will be of mutual benefit to get those listings.
Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019
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Lord Gardiner of Kimble
That the Grand Committee do consider the Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I shall speak also to the instrument grouped with these regulations, as they are so interconnected. I should make it clear, first, that neither instrument makes any change to policy. These instruments are technical in nature and are to ensure a smooth transfer of powers from the EU to the UK. Secondly, I make it completely clear that these instruments in no way diminish our controls in the important subject areas covered. There is no proposal to alter or reduce our biosecurity controls for animals or plants, our animal welfare standards or our capacity to protect public health. Thirdly, Ministers will be able to make negative resolution statutory instruments only on specific procedural or technical matters that are laid down in the various legislative functions currently exercisable by the European Commission. The new enabling powers will therefore be confined to those matters that the European Parliament and Council have delegated to the European Commission to implement by way of tertiary legislation with input from relevant experts.
Legislative functions are currently conferred on the Commission by EU legislation. They enable the Commission to set out the technical details of the regimes in what is known as tertiary legislation. The two instruments take those powers currently held by the Commission and transfer them to the appropriate Ministers in the UK. These instruments are therefore correcting measures enabled by the European Union (Withdrawal) Act 2018. As I have said, the crucial point is that they do not introduce new policy. They preserve the current animal, fish and plant health regimes and simply ensure that we continue to operate effectively.
The Animals (Legislative Functions) (EU Exit) Regulations 2019 cover the area of animal health and welfare. They provide for legislative functions to be exercisable by UK authorities. The exercise of those functions will principally be by way of domestic secondary legislation by the appropriate authorities, made under the negative resolution procedure as they will involve minor technical amendments to the EU retained law. This instrument transfers existing functions currently conferred on the Commission in the areas of: animal transport—Regulations 2 and 6; livestock identification—Regulations 3 and 5; transmissible spongiform encephalopathies or TSEs—Regulation 4; seal products—Regulation 7; animal slaughter—Regulation 9; animal by-products or ABPs—Regulation 8 and 10; and zootechnical conditions— Regulation 11.
These functions include matters such as: amending implementation rules and procedures when amending detailed rules of sampling and laboratory methods; approval of new scientific disease-related tests; revisions to disease monitoring and surveillance; setting down rules for breeding programmes to recognise disease resistance in livestock; determining feed safety practices; amendment of training and educational programmes; and the uniform application of disease contingency plans. They also include the power to amend the welfare requirements for transporting live animals and methods of animal slaughter to take account of scientific and technical progress.
Regulation 12, “Saving and transitional provision” is a cross-cutting regulation applying across this instrument. It contains transitional and saving provisions relating to standard form documents. For example, although new forms will be introduced for the UK, under these regulations, it will also be permissible to use the current EU forms for several months after exit day.
Turning to the Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019, there is one matter which I wish to draw to your Lordships’ attention. This relates to the Explanatory Memorandum, which has been amended. The amended version, which was published on Monday, merely deletes incorrect references to powers not included in the SI, and therefore does not affect the content of the SI. The first was about editing the criteria for listing diseases. This was not included in the SI as the focus of this instrument is to ensure day-one readiness. The power to amend the criteria is not required to be transferred as the current criteria are well-established and effective. The second change involved the power to set out detailed rules for the introduction into the EU of aquaculture animals and related products from third countries. This was moved from this instrument to the Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019, which contain a number of similar amendments. The detailed rules on imports into the EU are currently set out by the Commission in model health certificates, and the proposed amendments remove these model health certificates from retained EU law and allow the Secretary of State and the devolved Administrations to publish new health certificates for imports into the UK. I hope your Lordships will accept my apologies for any inconvenience or confusion. None of this affects this SI, but I wanted to be straightforward and open about the changes.
This instrument also provides for a series of legislative functions currently conferred by European Union legislation upon the European Commission to be exercisable instead by Governments in the United Kingdom. The difference is that this instrument relates to EU directives while the previous instrument covers EU regulations. Directives are transposed into domestic law by regulations or, in some cases, primary legislation, when they come forward, so they are already on the statute book. However, the functions conferred on the Commission in those directives were not transposed as it would not have been appropriate to do so, but they are now being brought in by these regulations to the appropriate Ministers in the UK.
Baroness Jones of Whitchurch (Lab)
My Lords, I thank the Minister for his introduction today, and his courtesy in providing us with a pre-briefing. I thank all noble Lords who have contributed to this discussion, and I refer to my entry in the register of interests. Like the noble Baroness, Lady Bakewell, we reiterate our concern about the process for dealing with these SIs. Once again, we register our concern about the reliance on powers being granted to the Secretary of State without external scrutiny and challenge.
It seems a bit of an act of desperation to produce these composite SIs, which have completely different subject matters, particularly when there are other SIs in the pipeline covering more specific regulations relating to these individual topics. In retrospect, it will make it very difficult for people to navigate their way through all these different bits of legislation and the different SIs.
I turn to the aquatic animal health and plant health SI. We accept that, for the most part, the substance of this SI is non-contentious, but I have a few questions. First, this instrument transfers a number of technical legislative functions to the Secretary of State, but it also refers to “appropriate authority” and “other responsible authorities”, suggesting that these powers may be sub-delegated. If that is the case, to which public bodies do the Government propose to sub-delegate these powers? Assuming that these powers will be sub-delegated, will the public bodies have to report on their use of the powers under the relevant provisions of the European Union (Withdrawal) Act 2018?
The second issue is on plant health. The SI transfers responsibility to the Secretary of State for import restrictions and bans on plants and plant produce, as well as emergency measures for restrictions on imports to prevent plant pests being imported. According to the Explanatory Memorandum, this power is conferred,
“in light of developments in scientific or technical knowledge or technically justified and consistent with the risk to plant health”.
So far, so good, but could the Minister clarify how these functions will be carried out by the Secretary of State, which organisations will be authorised to make that scientific or technical assessment, what will the status be of any advice given in these circumstances, and what additional resources will be required to carry out these functions previously carried out by the EU Commission?
Finally, I have a question relating to the controls on disease in aquaculture animals. In Regulation 6, on page 3, reference is made to adding, varying or removing an exotic or non-exotic disease from the proscribed list. Obviously, we want to make sure that diseases harmful to aquatic animals are controlled and are not inadvertently spread from the EU or third countries, but the circumstances in which these controls are put in place in aquaculture seem to concentrate solely on the adverse economic impact and the likely production or export losses. There is no reference to the welfare or suffering of the species involved.
I realise I am treading on a controversial issue here, but should the Secretary of State not have a wider responsibility to ensure good animal husbandry and a disease-free environment for these fish regardless of the economic consequences? I realise that this SI transfers current EU regulations, but is this something that the Minister will aspire to address when the opportunity arises? I hope that when he replies he will take into account the increasing evidence that fish that are farmed in an aquaculture environment that most closely replicates their natural environment are kept disease free and are less stressed, more productive and more robust in the longer term, so there is a longer-term benefit all round.
Turning to the Animals (Legislative Functions) (EU Exit) Regulations, again it would be helpful to know the appropriate authority in these regulations and the extent to which its advice is given independently and made public. I also have a few issues of detail to raise with the Minister. First, like the noble Lord, Lord Trees, I am concerned that the regulations on TSEs seem to water down the requirement in the annual monitoring programme to check animals in remote areas with low animal density. They also allow the overall programme to be revised based on a comprehensive risk analysis. Who will carry out this risk analysis and what organisations will be consulted before any changes are made?
The regulations also allow proteins derived from fish to be added to the feed of young ruminants based on a scientific assessment of their dietary needs. Will the Minister clarify who will be responsible for carrying out the scientific assessment? Does he accept that any relaxation of the current rules relating to TSEs should be made with extreme caution?
I refer the Minister to Regulation 7, which relates to the trade in seal products; I gave him notice of this question. As I read this regulation, it seems to water down our current ban on products derived from seal hunts. For,
“Commission shall adopt implementing acts”,
it substitutes,
“the Secretary of State may make regulations”.
It goes on:
“The Secretary of State may, by regulations … prohibit the placing on the market of seal products derived from seals killed as a result of a seal hunt conducted primarily for commercial reasons”.
What is intended to be achieved by that change and why do the regulations not spell out clearly a continued requirement to ban such products on the basis currently in operation in the EU? I look forward to his response on these issues.
Lord Gardiner of Kimble
My Lords, this has again been a very interesting and helpful debate. I understand that this is a subject that excites public concern and interest. The noble Baroness, Lady Bakewell, was concerned about future Secretaries of State. This instrument is about a very distinct area of operability. Changes of the sort the noble Baroness was envisaging would come through a completely different route. The work we are doing today is very technical and is about issues that the European Parliament and Council have defined as being for the Commission to manage. These instruments are very tightly drawn. Therefore, any changes of the sort that the noble Baroness might be envisaging are not in them because they are not about changing policies in the areas that have come up in these regulations.
I turn to one issue immediately. I can safely say to your Lordships that I am extremely concerned about TSEs and extremely cautious. The noble Lord, Lord Trees, and the noble Baroness, Lady Jones of Whitchurch, raised them. I want to make it absolutely clear that the TSE monitoring programme will not be watered down by the amendments; it will continue unchanged after we leave. Similarly, the Government have no plans to alter feeding stuffs regulations. These regulations exactly reflect the current EU programmes. Our existing monitoring programme for TSEs will remain at the current level, and we have no plans to change it. The Animal and Plant Health Agency is the national reference laboratory for TSEs and has the latest scientific evidence. I say that only to ensure that there is a recognition of the expertise that we have, as the noble Lord, Lord Trees, in particular, will know. Obviously one can never bind anyone else, but this is an area where, given what we have seen in a whole range of areas, we should always be extremely cautious.
As to whether there is any intention of loosening restrictions, the Government do not allow the feeding of fish meal to young ruminants and have no plans to alter that position. Again, any future changes would have to be based on a scientific assessment of the dietary needs of young ruminants and of the control aspects for permitting the young of ruminant species to be fed proteins derived from fish. However, as I said, this Government have no plans to alter the current situation.
I should have declared my farming interests and I apologise to your Lordships for not having done so.
Following the outbreaks of BSE and foot and mouth disease, which resulted from animal by-products entering the animal feed chain, in 2003 the EU implemented legislation to ensure the safe handling and disposal of animal by-products. The Government take very seriously the ever-present risk of the entry and spread of serious livestock disease. We all recall the pain and distress of those outbreaks. I can just remember the 1967 outbreak when I was at school. I was quite young, but I remember it very dramatically. There was also the foot and mouth outbreak in 2001. I want to be absolutely emphatic on this issue. Although this instrument has nothing to do with these matters in terms of the policy, which is not being changed, we simply must not and will not relax our guard. High standards of biosecurity are essential.
My noble friend Lady McIntosh and the noble Baroness, Lady Bakewell—I was going to say “my noble friend”—asked about rabbits and hares. Rabbit, and possibly hare, form a normal and much greater part of the diet in parts of the EU. There are currently no FSA-approved establishments for the slaughter of farmed rabbits or indeed hares—I have never even heard of hares being farmed. While the UK has a small rabbit farming industry, we are unaware of any commercial farms producing rabbits or hares for meat. Article 11 of directive 1099/2009 provides a derogation that currently allows farms to slaughter up to 10,000 rabbits, hares and poultry per annum outside an FSA-approved establishment, but there are currently no FSA-approved establishments here. This provision was brought back as part of that regime, but I am not sure it has a UK resonance. We have no plans to change any of the arrangements.
Animals (Legislative Functions) (EU Exit) Regulations 2019
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Lord Gardiner of Kimble
That the Grand Committee do consider the Animals (Legislative Functions) (EU Exit) Regulations 2019.
Vehicle Pollution: Children’s Health
Lord Gardiner of Kimble Excerpts(5 years, 9 months ago)
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Baroness Seccombe
To ask Her Majesty’s Government what steps they are taking to reduce air pollution from vehicles and what assessment they have made of the impact of such pollution on children’s health.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, the clean air strategy, which has been praised by the World Health Organization, sets out action to reduce emissions from a range of sources to improve public health. Alongside that, the more than £3.5 billion planned to tackle roadside nitrogen dioxide concentrations includes £1.5 billion to support the uptake of ultra-low-emission vehicles and grants for 85,000 domestic electric vehicle chargers. Long-term exposure to air pollution is a particular threat to vulnerable groups including the very young, whose lungs are still developing.
Baroness Seccombe (Con)
My Lords, I thank my noble friend but in the side roads near the tented city opposite there are drivers sitting in their parked cars with their engines idling, discharging poisonous fumes. We know that this is illegal but it still persists. I worry about the effect on passers-by but my main concern is for little vulnerable children with little vulnerable lungs and the effect that it has on them. What can be done about this?
Lord Gardiner of Kimble
My Lords, my noble friend is right: it is already an offence to leave a vehicle running unnecessarily while it is stationary. I know that in the City of Westminster idling around schools and in the West End is a particular concern; I know that that council is working on it and issuing warnings and, if necessary, fixed penalty notices. The main point here is that we have to change behaviours and raise awareness. Many local authorities are now doing this, and more will do so.
Lord Winston (Lab)
My Lords, I declare an interest as the chairman of the Genesis Research Trust, which does research into miscarriage and stillbirth. The question is not just about born children; it is about unborn children. There is now considerable evidence from the National Institutes of Health that pollution may contribute to not only miscarriage and stillbirth but also cancer in the long term as an epigenetic effect. Is research being actively proposed, either by the Department of Health or by someone else, to look into the issue of stillbirth? There are over 3,200 stillbirths a year in Britain, one of the largest figures of any developed country, and it is a massive shock that most of them are unexplained.
Lord Gardiner of Kimble
My Lords, I do not have specific detail on the stillbirth issue and I will look into that. However, a joint survey by the UK’s leading children’s charity UNICEF UK and the Royal College of Paediatrics and Child Health found that 92% of child health experts believed that the public were more concerned about the negative impact of air pollution. That is undoubtedly one of the reasons why it is imperative that we all act. It is why, in working with local authorities, we need to deal with not only the over-exceedance of nitrogen dioxide but all sources of pollution.
Lord Fox (LD)
My Lords, the Minister spoke about reducing vehicle emissions. As he knows, the Road to Zero is a very long road; it reaches its conclusion in 2040. Meanwhile pollution is increasing and people are being damaged today, as the noble Baroness pointed out. What is happening now that will reduce pollution today?
Lord Gardiner of Kimble
That is precisely why we require local authorities to come forward with plans. Nottingham, the first authority with an agreed plan, is retrofitting 171 buses to reduce emissions and replacing heavy, high-polluting vehicles such as bin lorries with electric vehicles, all under its current plan. Leeds is putting in a clean air zone, starting from 6 January next year. A number of immediate plans are taking place this year and next year, but in the meantime, this is obviously a continuum to reaching the point we want—zero emissions and many fewer pollutants.
Baroness Bull (CB)
My Lords, we are increasingly aware of the impacts of air pollution on physical health, but recently published evidence has shown a convincing link between air pollution and mental health. In particular, research has found that children exposed to air pollution at age 12 have an increased likelihood of depression and conduct disorder when they reach age 18. Can the Minister confirm that in assessing the impact of air pollution on health, we will take both mental and physical health into account?
Lord Gardiner of Kimble
That is a very good point. I know that the Committee on the Medical Effects of Air Pollutants has started to consider the effects of air pollution on adverse birth outcomes, which may address the question from the noble Lord, Lord Winston. However, what the noble Baroness said about not only the physical but the mental aspects of air pollution is hugely important.
Baroness Jones of Whitchurch (Lab)
My Lords, is it not the case that the Government have been very slow in taking action on this very serious issue of the effect of air pollution on child health? The fact is that they have been dragged to the courts to make them take action, but their response has been too little, too late. What is stopping the Government now revisiting that 2040 deadline for the sale of polluting vehicles, and replacing it with a more demanding, immediate and urgent target? That would save people’s lives, particularly children’s lives.
Lord Gardiner of Kimble
My Lords, clearly there is an end target. As I have already set out, a lot of work is being done during that time, but much more needs to be done. The World Health Organization has complimented us on our clean air strategy, saying that it is an example to the rest of the world. I think that is a very good thing for our country.
Baroness Couttie (Con)
My Lords, I declare my interests as set out in the register. Does the Minister agree that awareness is extremely important in tackling this issue? Does he agree that initiatives undertaken by councils such as Westminster—which uses not just wardens but volunteers, particularly round schools, to knock on people’s windows, telling them to turn their engines off, and informing them about the problems that the air pollution they are creating causes—are extremely valuable in the fight against this terrible scourge?
Lord Gardiner of Kimble
My Lords, I am well aware of my noble friend’s expertise and leadership on this matter. As I said earlier, a number of local authorities—the Surrey Air Alliance, the Sussex Air Quality Partnership, the London boroughs of Hackney, Islington and Tower Hamlets, and the City of Westminster—are raising awareness. However, it is for us to change our behaviours; we must stop parents idling their cars outside schools, for instance.