Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020
Lord Gardiner of Kimble Excerpts(5 years, 7 months ago)
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Lord Gardiner of Kimble
That the Grand Committee do consider the Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020.
Relevant document: 32nd Report from the Secondary Legislation Scrutiny Committee
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I hope it will be helpful to your Lordships if I speak to both regulations on the Order Paper, given the close connection between them.
These two instruments cover all four nations of the United Kingdom. We have worked closely with the devolved Administrations and they have given their consent to the instruments. This ensures an approach that is consistent with both the devolution settlements and the existing system of fisheries management.
The common fisheries policy imposes a common approach to the sustainable management of fisheries across the European Union and its waters. Under Annexe 2 to the Northern Ireland protocol, several provisions of the CFP will continue to be directly applicable in Northern Ireland from the end of the transition period.
The first instrument is needed to make operability amendments to retained EU law, update changes made by previous fisheries SIs and remove elements of retained EU law that are not relevant to the UK. It makes technical amendments to retained EU law in three policy areas: discards, quota and data collection.
This instrument amends the EU’s 2019-21 discard plans, as amended by the EU in 2020, to take account of the latest scientific advice regulations, which set out scientifically justified exemptions to the landing obligation. The amendments replace references to EU bodies with references to the relevant UK ones and remove the requirement to report data to the Scientific, Technical and Economic Committee for Fisheries, or STECF. We have removed this requirement because the UK, not the EU, will now take the decision on discards exemption and our future catching policy. This is in line with our approach taken throughout our EU exit SIs.
The UK will still continue to collect and review data, guided by the scientific evidence objective in the Fisheries Act. We have been very clear throughout the parliamentary debates on the new Act that future fisheries decisions will be based on scientifically robust evidence. We are working closely with our world-class scientists in Cefas, our partners around the UK and their scientists, many of whom previously advised STECF.
In the longer term, we expect that the process of reviewing any new exemptions we propose to bring forward will be undertaken by a replacement scientific body, which will provide UK-wide independent reviews. We will continue to ensure that any new exemptions are subject to robust scientific review. We are currently developing options for how to deliver authoritative UK-wide independent advice, with an expectation that it will be in place later in 2021.
This instrument amends the 2020 total allowable catch and quota regulations in retained EU law, amending references to ensure that the rules continue to apply effectively to UK vessels once they cease to be within the scope of the CFP. The instrument also makes amendments to the Data Collection Framework, which requires EU member states’ vessels to conduct certain surveys at sea. The list of surveys is being replaced with a reference to the UK’s national data collection work plan to avoid UK vessels being required to conduct surveys in areas not relevant to the United Kingdom.
Moving on, the second instrument is needed to enable the enforcement of EU law where it is directly applicable in Northern Ireland. This will also help the UK to play its part in ensuring sustainable and traceable fishing practices, and enable the UK to meet its obligations under the withdrawal agreement and accede to the UN’s Agreement on Port State Measures—PSMA—at the end of the transition period.
This regulation also contains provisions implementing our obligations to a number of regional fisheries management organisations—RFMOs—to which the UK is in the process of acceding as an independent contracting party. These international organisations are ones of which we were previously members by virtue of our EU membership.
This instrument makes technical amendments in three policy areas: enforceability; sustainable and traceable fishing; and illegal, unreported and unregulated fishing.
This instrument amends the Fisheries (Amendment) (EU Exit) Regulations 2019 in order to equip the Northern Ireland and UK Governments with powers to enforce EU legislation that will apply in Northern Ireland. It will also amend regulations concerning sustainable and traceable fishing to reflect the direct application of EU law in Northern Ireland and allow the UK to fulfil its obligations under the International Commission for the Conservation of Atlantic Tunas—ICCAT—and the Commission for the Conservation of Antarctic Marine Living Resources, or CCAMLR. To clarify, these changes do not reflect a change in policy. The UK will continue to submit the same level of information to the ICCAT and CCAMLR secretariats required by these international agreements, to which the UK is an independent contracting party.
This statutory instrument applies certain aspects of retained EU law relating to IUU fishing to Northern Ireland, which is necessary to ensure the UK is able to comply with its obligations under the PSMA once it accedes to that agreement after the transition period. The PSMA requires the UK to apply controls to non-UK vessels; this legislation serves to implement that requirement in relation to EU vessels landing in Northern Ireland. The PSMA does not require the UK to apply controls to vessels registered in the UK.
The instruments make amendments that remove previous amendments to the retained EU law versions of regulations implementing the European Maritime and Fisheries Fund—the EMFF. I should say that ClientEarth expressed a concern about a gap in legislative powers. However, I assure your Lordships that this is not the case. The withdrawal agreement contains specific rules that will apply to the EMFF during the period when the fund will be wound up and closed, ensuring that there are consistent rules in place to manage payments to the sector. Furthermore, the Fisheries Act 2020 includes a financial assistance power that will govern any future domestic scheme. A further statutory instrument will be brought forward in spring 2021 to detail any domestic plans.
These instruments also make other minor operability and clarifying amendments to retained EU law, ensuring that the law can function effectively in the United Kingdom after the end of the transition period. These instruments do not make amendments that represent any changes in fisheries management policy. I commend them to the Committee.
Lord Gardiner of Kimble (Con)
My Lords, I am grateful for noble Lords’ comments. A number of key questions were asked.
The first question concerns science. I stress to the noble Lords who spoke—particularly the noble Lord, Lord Teverson, and my noble friend Lady McIntosh—that this is the basis of what we need to do going forward. The UK will continue to ensure that relevant data is collected and reviewed by a replacement scientific body. The replacement UK advisory structure is in development; in the meantime, as I said in my opening remarks, we retain access. Let me also say—although I will embellish this—that our discards policy will continue to be scientifically justified. The UK fisheries administrations will also need to comply with obligations under all other legislation to ensure that our discards policy is scientifically justified, including the Fisheries Act with its scientific evidence objective.
The noble Lord, Lord Teverson, and my noble friend Lady McIntosh referred specifically to ICES. The UK has been an independent member of ICES since it was established in 1902 and will continue to play a strong role in its future. The UK will continue to set the gold standard for sustainable fishing and the protection of the marine environment around the world after the transition period ends. The MoU will be signed, ready for it to come into force on 1 January.
On funding, I repeat that the Government made a manifesto commitment to maintain funding for the sector and will replace the EMFF with new domestic schemes from 2021. The devolved Administrations will lead on their own schemes. In addition to the EMFF, we committed an additional £2 million to support health and safety projects and a further £10 million to establish the Seafood Innovation Fund; that will run until 2022.
The important issues of discard plans and the landing obligation were raised. From next year, we can, for the first time, develop a discards policy that is tailored to our marine environment and industry. In our 2018 fisheries White Paper, we were clear that the UK Government will
“continue to work towards ending the wasteful practice of fish discards”,
but challenges stemming from the EU-implemented landing obligation are widely recognised. In future, we will have the opportunity to be creative and adopt new measures outside of the current CFP toolkit to implement a workable discard ban. Sections in the Fisheries Act set out provisions that will allow us to introduce one such measure: a discard prevention charging scheme. This will provide a mechanism allowing fishers to pay for additional quota to cover any excess catch that would otherwise push them into illegal fishing.
On who is responsible for enforcing discard rules, I can reaffirm for the noble Lord, Lord Teverson, that no changes are intended. Enforcement will continue via the MMO and the relevant devolved Administration enforcement authorities.
The noble Lord, Lord Teverson, mentioned quotas. Under Section 24 of the Fisheries Act, the Secretary of State may make a determination of the UK quotas. This would usually occur in accordance with any obligations resulting from negotiations with other coastal states, but the Secretary of State could make a determination that did not flow from negotiations. Such a determination may cover fishing effort as well as quota.
On the Maritime and Fisheries Fund, while the devolved Administrations will lead on their own schemes, as I said, in England, the Government’s objectives include innovation, improving port infrastructure, boosting coastal communities and supporting the sector in adjusting to the new arrangements. As I said, England has also repurposed £5 million from its MFF scheme for Covid support in that regard.
The noble Baroness, Lady Jones of Whitchurch, raised timing and whether we were dealing with an out of date SI. It is a moot point. Changes we are making to the EU regulations that will form part of retained law will come into effect only at the end of the year, when that retained EU law begins to function. We thought that there would be no advantage in fixing these earlier. In fact, we felt that two SIs now would be appropriate, rather than perhaps multiple SIs throughout the year, particularly given the fact that parliamentary time was limited.
We had a good discussion about REM throughout the passage of what was then the Fisheries Bill. We were all on the same page. I will reply in particular to the noble Lord, Lord Teverson. There were 45 responses to the consultation. I think we all agree that the basis for REM is that it will provide many advantages, which will help us ensure that we have more sustainability.
My noble friend Lady McIntosh asked about the TAC and sustainability. Achieving healthy fish stocks is the first step to vibrant commercial and recreational fishing industries. The Fisheries Act sets out our commitments to sustainable fishing. The joint fisheries statement, which will be drafted and adopted by the UK Government and the devolved Administrations, will set out our policies to achieve the fisheries objectives set out in Section 1 of the Act. As an independent coastal state, we are committed to working closely with our partners, including the EU, Norway and the Faroe Islands, to manage shared fish stocks sustainably. The noble Lord, Lord Teverson, in particular raised that. Of course all of us in these waters need to be responsible. The UK will work with others to have vibrant fish stocks in all our waters and shared waters.
On Northern Ireland, yes, this is technical, and it took me a few readings to get what I understand to be correct. The Northern Ireland protocol recognises that a technical exercise is required to ensure that Northern Ireland fishing vessels landing into Northern Ireland are exempt from custom duties. The UK Government fully recognise the importance of the fishing industry to Northern Ireland and are clear that there should be no unacceptable new requirements.
The noble Baroness, Lady Jones of Whitchurch, asked about reporting requirements and our international obligations. They will remain the same. We will continue to report, as we have done before, as an independent coastal state, while being mindful that we can make some proper decisions from the data we all supply. PSMA requirements would be enforced by the ports into which foreign vessels land, as they are now.
I should also refer to a point that I think addresses the ClientEarth issue. As explained in the Explanatory Memorandum that accompanies the instrument, Article 138 of the withdrawal agreement provides for EU legislation relating to the 2014-20 EMFF to apply in the UK directly. By virtue of the wording of the European Union (Withdrawal) Act 2018, legislation that applies in this way is not replicated in retained EU law. As such, our amendments are simply to remove previous deficiency corrections made before the withdrawal agreement was entered into, in recognition of the fact this legislation will no longer form part of EU law.
A number of points came up on this issue, but I absolutely confirm that we have been working with interested parties and businesses to ensure that arrangements are in place across the nation and in Northern Ireland for 1 January. As I said, we are working to ensure that all is in order for 1 January. There are bound to be some further points that I will relate in more detail in a written reply. The issue of the designation of ports was raised. I am pretty confident that we will set out the list of designated ports vis-à-vis Northern Ireland by 16 December, which is a key part of that preparedness. On that basis, and with the promise of further correspondence, I beg to move.
Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020
Lord Gardiner of Kimble Excerpts(5 years, 7 months ago)
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Lord Gardiner of Kimble
That the Grand Committee do consider the Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020.
Relevant document: 33rd Report from the Secondary Legislation Scrutiny Committee
Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020
Lord Gardiner of Kimble Excerpts(5 years, 7 months ago)
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Lord Gardiner of Kimble
That the Grand Committee do consider the Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020.
Relevant document: 33rd Report from the Secondary Legislation Scrutiny Committee
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, this instrument amends earlier EU exit regulations relating to three areas: animal welfare, leghold traps and pelt imports, and invasive non-native species. These amendments ensure that EU retained law continues to remain effective and operable from the end of the transition period and in accordance with the Northern Ireland protocol. This instrument amends the regulations relating to the welfare of animals during transport, at control posts and at slaughter, and ensures that they remain operable in line with the Northern Ireland protocol.
This instrument will end recognition in Great Britain of transporter authorisations, driver and attendant certificates of competence, vehicle approvals and journey logs issued by an EU member state. From the end of the transition period, EU transporters will need to apply to a competent authority for these documents to be able to continue to transport animals in and through Great Britain. This will allow for greater enforcement, create a level playing field and ensure that GB transporters are not commercially disadvantaged. Transport documents issued in Northern Ireland will continue to be accepted for use in Great Britain. Additionally, it ensures that we meet obligations under the UK-Ireland common travel area by making provision for training carried out in the Republic of Ireland to be recognised as equivalent to that of Great Britain for the purposes of granting a driver or attendant certificate of competence in Great Britain.
This instrument makes amendments to regulations protecting animals at slaughter and will ensure that slaughterers’ certificates of competence issued in any part of the UK will continue to be recognised across Great Britain. Without these amendments, EU transporters could continue to remove animals into and through the UK, but we would lack the ability to take enforcement action if they breached the welfare in transport rules. The ability to suspend or revoke a certificate of competence or a transporter authorisation, following an animal welfare incident, until that transporter has been retrained is, we believe, an important enforcement mechanism. Live animal movements should be carefully planned and based on predicted journey times; for long journeys these must be approved by the competent authority, as any delay can result in significant animal welfare issues. The amendment will ensure that from the start of the year, EU transporters will need to apply to the GB competent authority to gain approval of their planned journeys.
Existing exit instruments made operability amendments to the retained EU leghold trap regulation. The regulation prohibits the use of leghold traps and the import of pelts and manufactured goods from certain wild animal species. The proposed amendments in this instrument make the retained EU legislation compatible with the requirements of the Northern Ireland protocol and ensure that imports of pelts and pelt products from the EU will be treated in the same way as imports from any other third country. It will continue to prohibit the use of leghold traps in Great Britain and to ensure that only pelts sourced from captive-bred animals or from approved countries which abide by humane trapping standards are imported. This will maintain the high standards and existing controls that are currently in place around pelt imports.
Finally, this instrument amends retained EU exit regulations relating to invasive species. Again, these are technical amendments to ensure the proper working of retained EU law and domestic legislation for regulating the prevention and management of the introduction and spread of invasive non-native species. These changes implement the Northern Ireland protocol and make minor changes to improve enforcement and ensure the effective implementation of emergency measures under domestic legislation.
The amendments make provision for the devolved Administrations to be consulted appropriately over species listing and decisions in reserved matters. Changes also allow traders in Northern Ireland to continue to use already established rules on the sale of commercial stocks after a species has been listed. The amendments ensure that specimens do not have to be transported to England or Wales if seized at the UK border. This allows border officials in Northern Ireland and Scotland to send seized animals to local facilities instead of having to send them to England or Wales. They also make a minor change relating to civil sanctions to bring clarity to the procedure and appeal rights for non-compliance penalties served following breach of an enforcement undertaking.
Further, these changes allow for temporary emergency restrictions on previously unlisted species to be introduced and enforced promptly. These amendments ensure that the Northern Ireland protocol is upheld and, in line with current government policy, that we can enforce our high animal welfare standards and protect the United Kingdom’s biosecurity. I beg to move.
Lord Gardiner of Kimble (Con)
My Lords, I am most grateful to all noble Lords for contributing to this debate. We have gone quite wide, but all the topics have been fascinating. I will start by saying that these regulations do not amend any current animal welfare standards. What they do is make operability changes to ensure that the EU law that we have will work appropriately at the end of the transition period.
A number of key points were raised. The noble Baroness, Lady Hayman, raised the issue of transporters. This is very important. We have undertaken a significant amount of work to provide information to GB transporters to ensure that they are ready for the end of the transition period: for example, on the new requirements for transporter authorisation, certificates of competence, vehicle approval certification and journey logs. We have reminded them of these responsibilities, including the need to plan their journeys carefully to check that their proposed route is available and to ensure that they have contingency plans in place in the event of any delays. We have published a full list of updates on GOV.UK, as well as providing direct communication and a comprehensive Q&A document to all authorised transporters.
We have also disseminated information about the changes to our counterparts in the EU and have actively encouraged them to share it with their own transporters. Feedback received through APHA and through our stakeholder meetings and webinars has confirmed that both GB and EU transporters are aware of the new requirements and are preparing for the end of the transition period. We are aware, for instance, that GB drivers are already approaching EU member states to apply for certificates of competence.
I turn to inspections. APHA conducts inspections at ports on a risk and intelligence basis. If a transporter arrives at the port and welfare issues are identified, action will be taken by APHA to protect the welfare of the animals concerned. Appropriate regulatory and enforcement action could be taken. This may include, for example, a suspension of transporter authorisation or certificate of competence. I have some further information on that but obviously, we will want to keep all these matters under scrutiny because, clearly, what we want is a vibrant, smooth-running border and the continuance of trade. The noble Baroness, Lady Hayman, asked about changes. Obviously, we will want to consult because, in the end, this will have the success and the dynamic we all want only if there is that collaboration.
I turn to a number of the points that have been made. My noble friend Lady McIntosh—and, I think, all noble Lords—raised the issue of invasive species, including the grey squirrel and the wonderful red squirrel. The grey squirrel is on the list of species under the Invasive Alien Species (Enforcement and Permitting) Order 2019 and we no longer allow the release of grey squirrels from animal rescue centres. We are working closely with the UK Squirrel Accord and APHA on the fertility and control of grey squirrels, and I can tell noble Lords that this is an area on which I place great importance. Not only have we got the red squirrel to protect; we want to plant more trees and we want nature recovery, and the grey squirrel is a very bad invasive species for everything we want relating to trees.
On the discretion of enforcement officers regarding invasive non-native species, I say to the noble Baroness, Lady Hayman, that these amendments ensure that when border officials in Northern Ireland and Scotland seize animals at the UK border, common sense can prevail and they can send them to local facilities rather than to England and Wales.
A number of other points were made. I say to the noble Baroness, Lady Bennett, that we have issued comprehensive advice to all authorised transporters. The number of movements of live animals in January is usually quite low, and we believe that the impact will not be too great. APHA has recruited extra staff to process the additional applications for UK-based transporters. I say also to my noble friend Lady McIntosh that we will prioritise day-old chicks, but other live animals departing from the UK for the EU at the end of the transition period will be required to enter the EU via a border control post designed to deal with them. Transporters have a legal duty to ensure the welfare of animals in their care and should have in place contingency plans to ensure animal welfare even if there is disruption.
An important point was made about vets. I am working with vets from within the UK and also EU nationals, who play such a dramatically important part in the veterinary profession of this country. The Government are working with veterinary organisations to ensure that there is sufficient veterinary resource available to fulfil all duties.
On the point raised by the noble Lord, Lord Greaves, officials from both Defra and the FSA are working with the Sustainable Food Trust on the issues facing small abattoirs and what scope may exist to reduce regulatory burdens. In the end, it is imperative that we have high standards, whether for small or large operators, and we must ensure in all that we do that the safety of food is always paramount.
On the issue of rules on invasive species, a comprehensive review of this list is undertaken every six years. I should say that brent geese overwinter in the UK and therefore are on the native species list—and all of us have spoken at length about the grey squirrel.
Continuing EU collaboration on the issue of invasive species is absolutely essential. We have retained the regulation in our laws, so our stringent prohibition will remain the same. We will continue to remain a contracting party to the Berne convention and will work closely with counterpart jurisdictions. I have attended on a number of occasions the British-Irish Council and of course the island of Ireland is a single epidemiological unit. Therefore, it is absolutely essential that we work on that.
On the issue of live exports, I say to both the noble Baroness, Lady Bennett, and my noble friend Lady McIntosh that it is absolutely clear that we have a commitment to end excessively long journeys for slaughter and fattening, and we intend to consult on both our manifesto pledge and other more general welfare-in-transport improvements by the end of this year. So we will be fulfilling our manifesto pledge.
Going back to vehicles, approximately 2,000 are approved for the transport of live animals on long journeys in Great Britain. On snares, current legislation provides strong protection for threatened species and the welfare of trapped animals. Those committing an offence can face an unlimited fine or a custodial sentence. The onus is on trap operators to operate within the law and ensure that their activities do not harm protected species or cause unnecessary suffering.
My noble friend Lady McIntosh and the noble Baroness, Lady Bennett, raised the issue of mink. I am in constant touch with the Chief Veterinary Officer about this. Clearly, zoonosis is a very live issue at the moment, but always will be. We are keeping a close eye on the Danish situation and other countries where mink farming is undertaken.
Although I wish that there was an unlimited treasure chest to deal with invasive species, our efforts to tackle them are being considered as part of our business planning following the spending review settlement. I should also say to the noble Baroness, Lady Hayman, that the common travel area agreement places obligations on the UK and the Republic of Ireland to ensure that their nationals have a right to settle and work in both territories. The UK intends to honour its obligations.
Time is short, and I was asked more questions than I could answer in double the time, so I will write to noble Lords on some of the other issues. However, let me say to the noble Lord, Lord Walney, that quite a lot of the plant issues he raised may come up next week, but obviously, there will be checks on plants and plant material; it is very important that we keep our country biosecure. I am interested in how we can enhance biosecurity and continue trade in a sensible manner.
I will look at the other matters raised by noble Lords. In the meantime, I commend these technical and operable regulations to the Committee.
Rural Economy
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The Lord Bishop of St Albans
I beg leave to ask the Question standing in my name on the Order Paper, and I draw attention to my interest in the register as president of the Rural Coalition.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, our vision remains that rural communities should prosper, benefiting from the full range of government policies designed to level up opportunity and take the country forward. Defra will shortly publish the first annual rural proofing report on how the needs of rural areas are being addressed across all domestic departments.
The Lord Bishop of St Albans
I thank the Minister for that reply. The Government’s commitment to rural communities is welcome and, I am sure, forms a major part of strategies such as the UK shared prosperity fund, the Covid-related green recovery fund and the levelling-up agenda. The Campaign to Protect Rural England noted the lack of funding for rural areas in the comprehensive spending review. What actual evidence do Her Majesty’s Government have that the rural proofing promised in their response is making a real and significant difference? Could the Minister give us some specific examples? If not, could he write to me with those examples?
Lord Gardiner of Kimble (Con)
My Lords, I think the best thing here is that I will be able—very soon, I hope—to furnish the House with the first rural proofing report. Following this House’s Select Committee report work has been under way on the formation of a rural affairs board, and indeed, because of Covid, the Rural Impacts Stakeholders Forum, of which the CPRE is a member.
Baroness Chisholm of Owlpen (Con)
My Lords, as we know, one size does not fit all when it comes to our rural communities; Norfolk’s needs are not the same as Cumbria’s. I ask my noble friend to ensure that the Government take note of local data gathered together by community agencies when they come to think of their infrastructure and other policies that they want to make for these already very fragile communities.
Lord Gardiner of Kimble (Con)
My noble friend is right. Rural areas can be very different from each other, and we believe that local people are often best placed to judge what is right for their communities. For instance, the Government provide grants of up to £18,000 to groups that wish to pursue a neighbourhood plan. Defra itself provides funding to the 38 rural community councils across England.
Lord Berkeley of Knighton (CB) [V]
My Lords, I declare my interests as listed in the register. I am sure the Minister will agree that one of the greatest problems in rural communities is employment. Therefore, with the Government moving towards more environmentally friendly support for agriculture, might there not be possibilities to employ more people—for example, to do things that are labour intensive, such as planting trees? Secondly, transport is essential for farm workers. Have the Government thought about how the move to electronic vehicles might impinge on the ability of farm workers, who are on very low salaries, to buy these cars?
Lord Gardiner of Kimble (Con)
My Lords, on the transport issue, on Tuesday the Department for Transport launched a call for evidence to shape a future rural transport strategy. I shall take back to the department what the noble Lord said. On the economy, everything that we have been doing, not only through the Covid crisis but throughout, is to ensure that there are vibrant opportunities and indeed many small and medium-sized enterprises in the countryside, which we wish to support.
Baroness Pitkeathley (Lab) [V]
My Lords, today is Carers Rights Day. The latest research shows that carers have had to take on huge extra responsibilities during the pandemic. Their needs may be particularly acute in rural areas as many voluntary and community services have simply disappeared. Does the Minister agree that any rural policy must make support for community and voluntary services that support carers and those they care for an absolute priority?
Lord Gardiner of Kimble (Con)
My Lords, I absolutely endorse that the work of carers throughout our community has been absolutely profound during this crisis. The Department of Health and Social Care is working on addressing the main health and care inequalities—particularly, in this case, as experienced by people in rural areas—and continuing to ensure that a higher share of funding goes to geographies with high health inequalities.
Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, the County Councils Network has recently conducted work on the effect of Covid on the decline of the rural bus network. The Government are committed to a rural bus strategy, but will the Minister give assurance that consideration will be given to providing a range of passenger transport services to provide positive benefits to residents in rural areas?
Lord Gardiner of Kimble (Con)
My Lords, the Government have provided £220 million of new funding to support a better deal for bus users. This includes £20 million for the rural mobility fund to trial new on-demand services and to improve existing services in rural and suburban areas.
Baroness Hayman of Ullock (Lab)
Askham Bryan College has stated its intention to close the Newton Rigg agricultural college in Cumbria, saying that students may wish to explore options at other colleges regionally. However, Cumbria’s young people need to learn how to farm in Cumbria, where its unique landscape brings unique challenges. Can the Minister clarify that the Government support the ongoing needs of agricultural and rural industries in Cumbria through the vital and sustainable future of Newton Rigg College?
Lord Gardiner of Kimble (Con)
I assure the noble Baroness that that is hugely important. We agree that attracting bright new talent into agricultural and horticultural careers and having a skilled workforce in place are vital for the future of UK food and farming. My understanding on Newton Rigg agricultural college is that the Department for Education is looking at the matter very closely.
Baroness Redfern (Con) [V]
My Lords, rural economies have untapped potential as well as challenges. From living in a rural environment, I understand how important our rural economy and personal well-being is. However, there are concerns in particular about action on surface water flood risk to homes and businesses. How are the Government enforcing their drive to bring together all partners to improve the management assessment of surface water flood risk to make our rural places, infrastructure and growth more resilient to our future climate?
Lord Gardiner of Kimble (Con)
My Lords, the Government will double the amount we invest in the flood and coastal defence programme in England to £5.2 billion over six years from 2021. This will help to protect a further 336,000 properties, including 290,000 homes.
Lord Curry of Kirkharle (CB) [V]
My Lords, my interests are as recorded in the register. Yesterday the Chancellor reaffirmed the Government’s commitment to the long-awaited shared prosperity fund, which the right reverend Prelate mentioned. Can the Minister confirm that there will be a committed element of the fund dedicated to the rural economy, as recommended in the report Time for a Strategy for the Rural Economy?
Lord Gardiner of Kimble (Con)
My Lords, I confirm that the UK shared prosperity fund will take into account the specific needs of rural communities and will help to support investment in rural infrastructure as well as rural businesses.
Baroness Mallalieu (Lab) [V]
I declare my interests as stated in the register. With increasing numbers of people wanting to both live and work in the countryside, what steps are Her Majesty’s Government proposing to take to ensure that rural areas are not left behind in the rollout of 5G as they were with broadband?
Lord Gardiner of Kimble (Con)
That is absolutely why we are investing and working with the £5 billion programme to support the rollout of gigabit-capable broadband, as well as the joint investment of over £1 billion in the shared rural network on mobile, both of which are extremely important. It is the case that 5G is a continuing challenge for the hard-to-reach areas, and that is what we want to work on in particular.
Lord Foster of Bath (LD)
My Lords, given the Minister’s very clear promise to the committee that I had the privilege to chair that there would be robust rural proofing of all government policies, how does he explain the clear absence of rural proofing in the Government’s recent proposals on changes to the current planning system, which will have a devastating and disproportionate effect on the provision of affordable homes across rural England?
Lord Gardiner of Kimble (Con)
My Lords, affordable homes are clearly important, including in rural communities. Two consultations are going on at the moment—on changes to the current planning system and planning for the future. We in Defra will work closely with our MHCLG colleagues on the matter.
The Earl of Caithness (Con)
My Lords, in their reply to the committee chaired by the noble Lord, Lord Foster of Bath, the Government said:
“The Minister for Rural Affairs … is specifically charged with ensuring that the needs of rural areas are taken into account across all government business.”
How many meetings has the Minister had with fellow Ministers, and what further meetings does he propose to have to combat the sort of unintended problems that the noble Lord, Lord Foster, has just mentioned?
Lord Gardiner of Kimble (Con)
I have many meetings; I have had meetings on digital, on crime and on a range of other issues. As I mentioned, as part of the response to the Covid-19 pandemic, we formed a rural impact stakeholder forum comprising many of the key stakeholders we work with, so that we could we in Defra could respond to other Whitehall departments about the specific dynamic of difficulties—for instance, with the pandemic—in rural areas. I continue to work on that. The stakeholder forum was meeting weekly; it now meets fortnightly. That work, as well as the work of the rural affairs board, is very important.
Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020
Lord Gardiner of Kimble Excerpts(5 years, 8 months ago)
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Lord Gardiner of Kimble
That the draft Regulations laid before the House on 5 and 19 October be approved.
Relevant documents: 31st and 33rd Reports from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 18 November.
Farming: New Entrants
Lord Gardiner of Kimble Excerpts(5 years, 8 months ago)
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Baroness McIntosh of Pickering
To ask Her Majesty’s Government what assessment they have made of opportunities for new entrants into farming; and what steps they are taking to increase any such opportunities.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I declare my farming interests as set out in the register. The Government are working with the skills leadership group to introduce a professional body for agriculture and horticulture to promote the sector and the vibrant careers in it. New technologies are transforming food production, generating opportunities that require skills in farming, environment and business. The Government are also developing a new entrants’ scheme to provide funding for councils and other landowners, providing opportunities for new entrants.
Baroness McIntosh of Pickering (Con)
My Lords, my noble friend will recall that, during the passage of the Agriculture Act, a lot of emphasis was placed on opportunities for new entrants into farming, just as he described; I welcome that. Does he share my concern that a number of councils, including Scarborough Borough Council, are seeking to dispose of agricultural land, including tenant farmers’ land, from their portfolio? This will lead to fewer opportunities for tenant farmers. Will my noble friend and the Government address this grave issue?
Lord Gardiner of Kimble (Con)
My Lords, we value the role that council farms play in providing opportunities for new entrants. That is why we want to incentivise councils to retain and invest in their farm estates so that they can continue to provide opportunities into the future.
Lord Whitty (Lab) [V]
My Lords, post-Brexit British agriculture and horticulture require a new generation of farmers and a larger and more highly skilled UK-based workforce. In response to the point made by the noble Baroness, Lady McIntosh, about county farms, will the Government urge counties to stop divesting their county tenancies and start investing in new opportunities for those who wish to farm but do not inherit and cannot buy the land? Are they proposing to produce an updated recruitment, skills training and career structure for UK land workers in agriculture and horticulture?
Lord Gardiner of Kimble (Con)
My Lords, one of the reasons the Government are reforming post-16 technical education to provide clearer routes into skilled employment in agriculture and other associated sectors is precisely to address the point the noble Lord has made. The other issue, as I will repeat, is that we want councils to retain and invest in their farm estates and for other landowners to take the opportunity of the new entrant scheme that we are developing because we think that this is a positive part of the future in agriculture.
Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, with the changes in funding arrangements for farmers, many of the older generation are thinking about retirement, and ensuring that there are plenty of opportunities for the younger generation to take over these farms will be essential. How are the negotiations promised during the passage of the Agriculture Act for nieces and nephews to take over farms is progressing? If nothing has happened so far, can the Minister update the House on when this will take place?
Lord Gardiner of Kimble (Con)
My Lords, so far as tenancy agreements are concerned, our first priority is to bring forward the regulations that are required following the Agriculture Act 2020 into modernising those areas of the tenancy regime that we think will be very productive. Once we have done that, working with the Tenancy Reform Industry Group, which engages with all parties, will enable us to bring forward any other changes with consensus.
The Earl of Shrewsbury (Con)
My Lords, I refer noble Lords to my interests as set out in the register. From his earlier answer, my noble friend will doubtless agree that a considerable part of the problem of attracting new entrants into the agriculture industry has been the demise and disposal over many years of the county council smallholdings estate which has otherwise provided an excellent entry point for those who might have found it impossible to gain access to farming in their own right. Will there be an opportunity within the Agriculture Act, perhaps under the public good requirement, for larger landowners to be encouraged to make available land that will enable small entry-point farms to be established?
Lord Gardiner of Kimble (Con)
My Lords, my noble friend has picked up on something very important. Going beyond our new entrants scheme and councils with rural estates, we also want to work with landowners and other organisations that want to invest in creating new opportunities for talented new entrants. We think that there are strong reasons for county local authorities to work with private landowners so that we can create a continuing momentum of availability of land. We want to have innovative and new agriculture entrepreneurs.
Lord Carrington (CB) [V]
My Lords, I declare my interests as a farmer and landowner as set out in the register. Opportunities are principally linked to the availability of land, availability of finance and likely profitability. Without resolving these points, the entrant is limited to apprenticeship or employment on an existing farm. Given the enormous amount of capital required to enter farming, can the Minister assure us that thought is being given to either the Government providing guarantees directly to a new entrant or to the banks, the landowner, the machinery manufacturer or other meaningful supplier to encourage their working with the new entrant?
Lord Gardiner of Kimble (Con)
My Lords, my noble friend has raised a key point. Not only do we need access to land and skills, we want to ensure this through the productivity grants, which are part of the Agriculture Act and the work we want to undertake in this area. This important part of the Act addresses not only access but also equipment, technology and so forth, whether it is for entrants or indeed established farmers. That is part of our continuing work.
Baroness Jones of Whitchurch (Lab)
My Lords, I am sure that the Minister will acknowledge that increasing the number of affordable rural homes is vital to enabling new entrants to come into the farming sector. However, the housing Minister revealed to me recently that the Government do not keep data on the number of existing affordable homes that are lost through sale or inflated rents. When are the Government going to address the haemorrhaging of cheap homes for rent in rural areas so that young families can afford to live and play their part in the rural economy?
Lord Gardiner of Kimble (Con)
The noble Baroness is absolutely right that affordable rural housing is key to ensuring that we have a vibrant agricultural industry. That is why in 2018 the Government launched the revised National Planning Policy Framework. The rural housing chapter gives strong support to rural exception sites and includes new policies to support the building of homes in isolated locations where that supports, for instance, farm succession. In addition, the Government have amended the permitted development rights to support rural housing and agricultural productivity by enabling up to five new homes to be created from existing agricultural buildings, an increase from a maximum of three.
Lord Fox (LD)
My Lords, more than 50 years ago, my mum and dad got their first foot in farming through the tenancy of a county council holding. A survey by Who Owns Britain? shows that up to 2017, the acreage of county farms halved. Only yesterday, Staffordshire had eight farms for sale. The Minister has said warm things about county farms, and we welcome that, but unless the Government put up money now, that haemorrhaging of county farms will continue. What are the Government going to do now in order to encourage councils to do what they want them to do?
Lord Gardiner of Kimble (Con)
My Lords, we are working on a co-design with councils, landowners and others so that the new entrant scheme works precisely with county farms and local authorities. That is because, as I have said, we want that to be retained. This work is under way and will be co-designed in 2021, and we hope to roll out the programme in 2022. Not only are there county farms, but a third of the land in this country is tenanted and there are obviously opportunities in the tenant farming sector as well.
Baroness Ritchie of Downpatrick (Non-Afl) [V]
My Lords, will the Minister keep in mind the land mobility scheme in Northern Ireland? It has been in operation for three years and facilitates the transfer of land from older retired people to new young entrants. Will he discuss these matters with the Minister responsible for agriculture in Northern Ireland in order to ensure the implementation of best practice?
Lord Gardiner of Kimble (Con)
My Lords, I shall certainly do that. Our proposals on lump sum and delinking are to facilitate retirement. That is an issue on which we are consulting, and I am most grateful to the noble Baroness.
The Earl of Caithness (Con)
My Lords, in order to turn opportunities into reality, farming has got to be profitable or the Government must subsidise farmers. Is my noble friend any clearer on what the costs of implementing ELMs properly will be, and if he is, does he know whether the Treasury will fund them in the current economic situation?
Lord Gardiner of Kimble (Con)
My Lords, it is fair to say that arrangements on agriculture and finance will be announced shortly.
The Lord Speaker (Lord Fowler)
My Lords, the time allowed for this Question has elapsed and we now come to the third Oral Question.
Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020
Lord Gardiner of Kimble Excerpts(5 years, 8 months ago)
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Lord Gardiner of Kimble
That the Grand Committee do consider the Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020.
Relevant document: 33rd Report from the Secondary Legislation Scrutiny Committee
Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020
Lord Gardiner of Kimble Excerpts(5 years, 8 months ago)
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Lord Gardiner of Kimble
That the Grand Committee do consider the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020.
Relevant document: 31st Report from the Secondary Legislation Scrutiny Committee
Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020
Lord Gardiner of Kimble Excerpts(5 years, 8 months ago)
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Lord Gardiner of Kimble
That the Grand Committee do consider the Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020.
Relevant document: 31st Report from the Secondary Legislation Scrutiny Committee
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.
These instruments are closely related as they apply to regulations relating to the common agricultural policy, or CAP. I emphasise that these instruments are minor and technical in nature. They do not make new policy or change existing policy. Instead, they will make existing policy and legislation operable at the end of the transition period.
The Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020 update exit SIs made in 2019, minimising ambiguity about legacy CAP schemes by removing the direct payments provisions from previous exit SIs and clarifying that those SIs relate only to the common organisation of agricultural markets—CMO—and rural development. Amendments to direct payments provisions had already been made on exit day under the Direct Payments to Farmers (Legislative Continuity) Act 2020. There are also Northern Ireland protocol-related technical amendments, such as changing “United Kingdom” to “Great Britain”.
The regulations allow the UK to comply with Article 138 of the withdrawal agreement, which provides that EU law will continue to apply after 31 December to ongoing rural development programmes and CMO operational programmes implemented by producer organisations until those programmes end.
The regulations amend provisions concerning public intervention and private storage aid schemes, which offer financial support when market prices for agricultural products fall below thresholds laid down in legislation. Currently, the schemes allow the European Commission to buy commodities then publish its decisions using implementing Acts. This instrument allows Defra and the devolved Administrations to make these decisions, which will then be published on GOV.UK.
The instrument makes amendments to retained EU law relating to devolved aspects of producer organisations in the Fruit and Vegetables Aid Scheme to ensure that the scheme continues to operate in the UK post the transition period. This scheme provides funding to producers to encourage collaboration, increase competitiveness and improve the quality and quantity of produce grown.
The instrument makes other amendments to retained EU law to ensure that Defra and the devolved Administrations can continue to obtain certain production and price data from those in the supply chain, as they do currently. This information is used for market monitoring purposes.
Finally, this instrument also tidies up aspects of other retained EU law; for example, it changes “Exit Day” to “IP completion day” or reflects updates to EU law.
I turn to the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020. This instrument amends provisions of retained EU CMO legislation in the reserved areas of regulating anti-competitive practices and agreements; international relations; import/export controls; and the regulation of intellectual property. It ensures that, post transition period, these functions can be carried out by the Secretary of State. It also amends retained EU law concerning reserved provisions of producer organisations in the fruit and vegetables sector and ensures that functions relating to the recognition of producer organisations in this sector can continue to be exercised by the Secretary of State. It will also omit references to transnational POs within retained EU law, as they are no longer relevant in a domestic context, and updates a reference in relation to contractual negotiations in the milk sector.
On wine, the instrument ensures that protection of designations of origin, geographical indications and traditional terms in the wine sector operate effectively and that Great Britain is able to process domestic and third-country applications for such matters. It will also ensure that the UK is compliant with the rules of the WTO. It will give the Secretary of State the power to approve or revoke protected wine names and terms on the domestic GI register and approve or deny applications already made to the EU. It will also enable the Secretary of State to make administrative decisions involved in processing applications for protected wine names or terms, amending those protections and the use of those terms on the label of the product. It also revokes EU-implementing Acts that duplicate information in the protected designations of origin and protected geographical indications register.
I turn to the Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 and the Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020. The majority of the amendments made by these instruments relate to the implementation of the Northern Ireland protocol and references to Northern Ireland as it will remain aligned to the EU under the protocol. Amendments are also being made to a small number of the transitional provisions, either to align with the Government’s border operating model, which introduces new border controls for the movement of goods between Great Britain and the EU in three stages until July 2021, or because they were introduced on the basis that the UK would leave without a deal and are no longer required.
The Secondary Legislation Scrutiny Committee drew the attention of the House to the department’s explanation for why poultry meat imports from the EU would not require an optional indications certificate for a period of 12 months. Optional indications refer to the use of labelling terms concerning farming or chilling methods. I would like to apologise as the department’s explanation did not provide sufficient context on checks relating to poultry meat marketing standards and this may have caused concern, but it has since been clarified with the committee and the department has asked for a correction to be issued.
I reassure your Lordships that, although the specific matters are not covered by these regulations, the Government remain committed to high environmental protection, animal welfare and food safety standards.
These statutory instruments, which are predominantly technical in nature, provide clarity in the context of continuity. For those reasons, I beg to move.
The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
My Lords, the noble Lord, Lord Loomba and Lord Dodds of Duncairn, and the noble Baroness, Lady McIntosh of Pickering, have withdrawn from the debate. I call the next speaker, the noble Baroness, Lady Bakewell of Hardington Mandeville.
Baroness Jones of Whitchurch (Lab)
My Lords, I thank the Minister for his introduction and the helpful briefing that he organised beforehand. When we agreed to take all these SIs in one go, I do not think I realised just what a complicated task we were setting ourselves, because there is an enormous amount of detail in them and they all seem to be connected and to overlap. I therefore have a number of questions, but I fear that I may be referred to other SIs to find the answer.
As my colleague Daniel Zeichner pointed out in the Commons, the Explanatory Memorandum says that Defra does not intend to consolidate the relevant legislation at this time. All I would say is: “Good luck” to the person who eventually takes that task on because of the complications that we can all see before us.
We also face once more our old enemy the correction of previous drafting errors. This is an ongoing saga. Can I suggest to the Minister in all good faith that we need some kind of standing procedure to deal with all the errors that are coming to light and may well come to light in the coming months, rather than having to revisit SIs one by one as we are at the moment?
Turning to the individual SIs, I have a few questions. The first SI makes provision for public intervention, private storage and aid to continue at times of market failure. The proposal is that this should be done administratively, rather than by political decisions. The Minister has clarified that this administrative decision will be published on the Government website. However, given our recent experience of market failure in the collapse of dairy prices, which was a hugely political event, can the Minister explain whether that would be the sort of thing that would be decided as an administrative decision and whether there would be any parliamentary oversight of decisions such as that? Would Parliament have any say on that at all?
This SI also changes the provisions for fruit and vegetable producer organisations. The Minister clarified in the other place that there were 34 in total and four are believed to be transnational. Am I right in understanding that those transnational producer organisations will not be able to apply for support, even if the majority of their production takes place in the UK? Have those affected producer organisations been informed of this change, and are they content with it?
The second SI proposes changes to EU retained law to enable the Secretary of State to approve or cancel protected designations of origin and protected geographical indications for wine. This SI only deals with wine, so I presume that other protected designations are dealt with in other SIs. The SI says that there is not expected to be any significant impact on business. Given the UK’s growing wine industry, which I think we would all accept has been curtailed by EU regulations in the past, will it give our wine producers more flexibility in the descriptions of the wines that they are able to market? Is it envisaged that we would have the UK equivalent of appellation contrôlée as a UK quality standard in future?
What UK body will replace the Commission in registering PDOs and PGIs? Will it be British only or include Northern Ireland? Will UK products such as wine remain registered in the EU or will they have to be re-registered to access the market at the end of transition?
The third and fourth SIs address issues arising from the transition from EU import certificates of conformity to those aligned with the border delivery model. It seems strange that the dates for ending the transition period for these certificates for beef and veal labelling is different from that of hops, hatching eggs and chicks. I refer to the excellent note from the Secondary Legislation Scrutiny Committee on this issue. When it asked Defra about this, it was told that some provisions were made to align with the border delivery model, while other timescales meant that there would be a delay for a two-year transition,
“in order to allow policy teams to deliver the necessary IT system changes and recruit additional HMI inspectors”.
Three obvious questions arise from that. First, are some of the border issues so complicated that they need a two-year IT project to complete? Is there any danger of further delays, as we have known in the past, with the IT system not being up and running by that date? Secondly, are the HMI inspectors referred to specialist border inspectors, or is it envisaged that there will suddenly be a huge extra volume of work when the transnational arrangements end—which is why it is being staged, to enable those extra recruitments to take place? Thirdly, has sufficient thought been given to the extra burden on businesses importing across the border which might import mixed cargos with different deadlines for the forms and certificates?
The Secondary Legislation Scrutiny Committee also drew our attention to the fact that the UK does not currently enforce poultrymeat marketing standards. I am very grateful that the Minister has clarified, after our pre-meeting with officials, that that is not so much the case and that a clarification has been issued. I thank him for that. However, if poultrymeat is imported from a third country, does that mean it could still say that it was free-range or organic, and that would not be checked? Could it claim not to be chlorine-washed when it has been? I understand from our pre-meeting that little or no poultrymeat is currently imported using these optional descriptions. Can the Minister clarify whether that might be expected to change in the future? These seem to be quite common terms so it is surprising that there are no imports using these labels now. Could unregulated poultrymeat be mixed with other products and given a misleading description? Can the Minister explain what is meant by that explanation? The SI also refers to the organic certificators’ group having been consulted. Is it now content with the proposals?
On a slightly different issue, perhaps I may ask a follow-up question on the application of the Northern Ireland protocol. In a recent SI debate, the noble Lord, Lord Goldsmith of Richmond Park, revealed that 72 border posts were proposed between Northern Ireland and Britain. Is there a list now of where those posts will be based? Are they fully staffed—with trained staff—and ready to be operational at the end of the transition period? Do those trained staff include the specialist inspectors who would have to deal with the checks on the imported fresh food produce that the SIs specifically relate to? I look forward to the Minister’s response.
Lord Gardiner of Kimble (Con)
My Lords, I thank the noble Baronesses for their contributions and important questions on some of these matters. I agree with the noble Baroness, Lady Jones of Whitchurch, that although the regulations are detailed they are intended, as I have explained, not to change policy but to ensure that there is operability in this area as we move forward.
On the point about consolidation, I am very grateful that I am not a specialist in parliamentary drafting, because this would be a mammoth task. I very much take on board the noble Baroness’s point about errors. We all regret when there is an error. Having worked with officials, I think they would apologise to the noble Baroness and to us all, but the pressure is sometimes very intense and these things happen. I regret any error that is made, but the most important thing is to be open about it and correct it as soon as we can. The opportunity that arises now, given that we must attend to these SIs, is to be very straightforward and say that there were a number of errors which we are attending to with these SIs. We should not say that the SIs have been brought forward only to deal with errors because they have not.
The noble Baroness, Lady Bakewell, referred to the length of time of rural development programmes. Some long-term agri-environment and forestry agreements will still be live after the closure of the current Rural Development Programme for England because of the time taken to deliver the environmental benefits from the programme. She also referred more generally to the protected designations of origins and the protected geographical indications after the transition period. These regulations, along with other instruments, will allow Great Britain to administer and enforce the GI schemes and to ensure that the United Kingdom meets its WTO obligations.
On some other points raised about the relationship to our exports, it is important to say that there are GIs for our exports also. Once awarded GI status, a product name is added to the relevant public GI register, thereby providing a basis for protection against any misuse of the name. I reassure the noble Baronesses that this level of protection will apply to all UK GIs. The register will also contain GIs protected through the withdrawal agreement and trade agreements. This domestic protection will enable us to secure reciprocal levels of protection for our wine products on export markets.
Domestic wine production is a growth sector in England and Wales. The noble Baroness, Lady Jones of Whitchurch, referred to domestic wines. These regulations maintain the operability of retained EU law, which is the status quo. Our aim is to ensure that imports of third-country wines continue unaffected while continuing to increase domestic wine production. Existing EU GIs, such as Champagne, will continue to be protected in GB through the withdrawal agreement. We cannot use that name for UK sparkling wines. However, our producers are carving out a strong niche for high-quality sparkling wines and I observe, for example, that two Champagne houses are investing in English vineyards.
The noble Baroness, Lady Jones, asked about the ramifications for transnational groups in the UK. There are four such groups, three in England and one in Northern Ireland. We have kept DAERA fully informed and are working with affected producer organisations to ensure that they are aware of the impact on their business and to help them plan for the future. Transnational POs can still come together, but EU-based members will no longer be able to claim under the aid scheme after the end of the current programme.
The noble Baroness, Lady Jones, raised an important point, which we have discussed, about the definition of administrative decisions and ensuring that what might be described as political decisions are not made under the auspices of administrative decisions. Those decisions have limited scope and do not choose the recipients of the intervention or which sectors to intervene in. They are decisions that, following a tendering process, set rates for buying in commodities under public intervention and for private storage aid, and then allow publication of the rates to be offered. Those decisions are made according to clearly prescribed criteria in the CMO regulations. For example, the tendering procedure is clearly laid down in regulations and the quantities, periods and prices involved are subject to overall limits. The amendments in this instrument would allow the tendering procedure to open and the decision on the maximum price to be published, without requiring legislation to open the procedure and publish the price. It is important to emphasise the narrowness of the scope because I agree with the instincts that the noble Baroness outlined. Changes to these rules and amounts would require legislation and parliamentary oversight. The amendments in the instrument do not introduce new processes or powers, or enable the relevant authorities to do anything new. Instead, they ensure that the relevant authorities will be able to continue operating those clearly prescribed mechanisms, as they do currently, and in a timely fashion, after the transition period.
I turn to some of the remarks relating to the Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations and the No.2 regulations of the same name. The noble Baroness, Lady Bakewell of Hardington Mandeville, asked about beef and veal. My understanding is that in 2019, 6.8% of the beef and veal imported into the UK came from the following non-EU countries: Uruguay, Australia, Namibia, Brazil, Argentina, Japan, New Zealand, Chile, United States of America, UAE, Botswana and Paraguay. The remainder of our imports came from the EU. While the regulations cover only technical requirements for age on slaughter labelling, and when the terms “beef” or “veal” should be used, I reassure both noble Baronesses that separate legislation concerning high production and animal health standards will continue to apply to beef and veal imported into Great Britain after the transition period.
As I have said before, in all our trade negotiations we will maintain our high environmental protection, animal welfare and food safety standards. These will not change.
The noble Baroness, Lady Bakewell, also asked about importing hatching eggs and chicks and the welfare standards of the country of origin. For hatching eggs and day-old chicks, 85% of our imports come from the EU and we remain committed to high standards of animal welfare and food safety in the future, as we do now.
The noble Baroness, Lady Bakewell, asked about a percentage in relation to hops. I am afraid the detail I have is that we were a net importer of hops and hop products to the worth of £60 million in 2018, while producing £14.1 million-worth ourselves. When I looked into this, one issue was the fact that hops have distinct flavours. We are therefore keen to ensure that there is a continuing ability for production of beer in this country which uses that variety of hop products, although when I studied those figures I thought that there might be some scope for further domestic production. Having looked into that, it is important to ensure that we have that range of hops for our beer production.
The noble Baroness, Lady Jones of Whitchurch, asked about transitional provisions. Funnily enough, in discussing these matters I am obviously seized of the fact that there is this range of dates. I queried this strongly and what we have done—I think this is right—is to have reviewed this on a sector-by-sector basis, to see where it would be practical and possible to align with the border operating model. In doing so, this has resulted in a varying number of end dates. The noble Baroness made a point about having confusion for businesses being the last thing we would want to do. I reassure her that we have actively engaged with businesses ahead of laying these instruments and have updated the relevant guidance on GOV.UK. In fact, representatives from all the sectors have welcomed the provisions, as they allow for appropriate adjustment.
For instance, with regard to the two-year transitional provision concerning EU certificates for fruit and vegetables, I understand we will be using this time to implement upgraded computer systems, as was alluded to, while bolstering our Horticultural Marketing Inspectorate numbers and working with the EU to implement an improved inspection service procedure for member states. After 31 December, the free movement of goods from the EU will end; inevitably, additional checks on imports and additional inspectors will be required. We are working with the APHA to ensure that we have the right calibre of inspectors. That will clearly be important.
The noble Baroness, Lady Jones of Whitchurch, asked about organics. I understand that the UK organics certifying groups are content with the provisions we have brought forward.
In relation to poultry meat marketing standards, I have drawn attention to the correction we made. I reiterate my apologies for it not being sufficiently in context in an earlier version. Although food safety regulations are not covered under these instruments, I reiterate that the Government remain committed to promoting robust food standards and existing food safety provisions, which will of course be retained in the retained EU law. No products other than potable water have been approved to decontaminate poultry carcasses, and this will remain so.
I am mindful of the time so I will be quick in addressing a number of other points. On the Northern Ireland protocol, I am sure that there will be other statutory instruments where, in part, the protocol and the changes following it will need to be applied to other statutory instruments that I bring forward.
I should say, as an aside, that I inquired whether we should have a Northern Ireland protocol SI so that all these matters could be wrapped in it. There was a suggestion that it was rather better to deal with them according to subject matter rather than in that way. If that might have been a suggestion of the noble Baroness, it was one with which I had sympathy, but it was then suggested that it would be more consistent to deal with the whole area of points of concern.
There are one or two further detailed points to cover. On impact, we have worked strongly with businesses because we are conscious that, because of the changes, we need to work with them. We are doing so—that is very important—so that they are aware of the changes and understand why we have a different range of dates to ensure that there are adjustments that work constructively.
If there are any other points, I might receive some information and will write to the noble Baronesses. At this juncture, and mindful that I have already taken a little too long, I commend the regulations.
Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020
Lord Gardiner of Kimble Excerpts(5 years, 8 months ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Gardiner of Kimble
That the Grand Committee do consider the Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020.
Relevant document: 33rd Report from the Secondary Legislation Scrutiny Committee