European Union: Trade Barriers

Lord Purvis of Tweed Excerpts

Tuesday 4th July 2023 Lords Chamber

[Lord Benyon (Con)]

We are making great progress. I can assure my noble friend that we are on the point of publishing more details on a system being brought in from October this year whereby products of animal origin will require an export health certificate. From January, they will be checked at border control points we have constructed. We are minimising the burden on business through risk categorisation, a trusted trader system and simplifying and digitising our network.

[Lord Purvis of Tweed (LD)]

My Lords, the operating model the Minister referred to stated that we will have the world’s best border by 2025 but it will not be fully operational until 2027—so good luck with that. Since 2017, we have seen a net decline and we have the biggest agrifood trade deficit with the EU we have ever had. At the same time, we have seen an enormous rise in imports of agrifood from China as part of an astonishing £42 billion trade deficit with China. Why is it government policy to make it harder to trade with Europe and easier to import from China? It makes no sense whatever.

[Lord Benyon (Con)]

You have to slice and dice the different products that are exported to China. We had a very good pork meat export, which was stopped because of issues relating to Hong Kong. We want a system that is focused not just on imports and exports from our closest neighbours, vital though that market is. We want to make sure we are trading fairly with the rest of the world, which is why we will have a sanitary and phytosanitary border system in place that is understood right across the world and that facilitates safe trade.

Environmental Principles Policy Statement

Lord Purvis of Tweed Excerpts

Monday 9th January 2023 Lords Chamber

[Lord Benyon (Con)]

I think the noble Baroness is referring to a recommendation by the Environmental Audit Committee. I understand the urgency, but three months is too short. I do not think that much longer than that is necessary. We have considerable experience in putting in other duties across government and trying to assist departments in the creation of policies that take into account the five principles. It is really important that we get that right. I do not expect it to take much longer than three months. It will certainly be up and running across government towards the end of this year.

[Lord Purvis of Tweed (LD)]

Further to the question asked by the noble Baroness, Lady McIntosh, the Government have negotiated a trade agreement with Australia, where the previous Secretary of State warned the House of Commons on 14 November that products that the UK had banned for pesticides or hormone-produced animals would be able to be imported into the UK. Why has the Minister’s answer to the noble Baroness, Lady McIntosh, today been so roundly contradicted by his former Secretary of State?

Fishing: France

Lord Purvis of Tweed Excerpts

Monday 1st November 2021 Lords Chamber

[Lord Benyon (Con)]

I am lucky to have been out with the Fishery Protection Squadron when I was at Defra. It is the oldest squadron in the Royal Navy, and I have huge admiration for the job that the Royal Navy has done. However, it is only part of our measures to protect our fisheries, which include using aerial assets and satellite information. If the noble Lord were to go to the ops room of the Marine Management Organisation in Newcastle, he would see a real-time policing operation using state-of-the-art data collection, which is also very important to resolving this issue.

[Lord Purvis of Tweed (LD)]

My Lords, on 17 August Jacob Rees-Mogg was interviewed about the consequences of Brexit and the Government’s TCA with the EU for the fishing communities. The interviewer said:

“The fishermen are angry, really angry, and if you drove from your constituency an hour and a half, two hours, south-west to Brixham market—I recommend you don’t at the moment—they really are jolly angry about the way it’s worked out.”


The interviewer was a certain Nigel Farage. Fishing communities north, south, east and west have already felt let down because of the Government’s negotiated deal with the EU.

Last week the Minister said that the Government were seeking urgent clarification from Marine Scotland regarding whether or not fishing vessels had the appropriate licences to be fishing within those waters. Can he update the House on where the fault may lie: with Marine Scotland, the UK Government, the European Commission or the French Government?

[Lord Benyon (Con)]

As I said, this matter could involve a judicial process and I do not want to prejudice that. It is being dealt through very close working between my department, the Marine Management Organisation and Marine Scotland. Discussions are ongoing—indeed, they are happening today—with the commission to try to resolve this issue.

Agriculture Bill

Lord Purvis of Tweed Excerpts

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 22nd September 2020 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, it is a pleasure to follow the noble Lord. I am glad that he gave his speech because, with all the either deliberate or inadvertent diversions of the debate on the internal market Bill, the reality remains that only three of our four nations will be covered by elements of this Bill. For the first time in our nation’s history, one of our home nations will be governed by a set of regulations and laws for which there will be no elected parliamentarians with the authority to make any decisions or to hold to account those making the regulations.

The well-argued speeches of the noble Baronesses, Lady McIntosh of Pickering and Lady Henig, reminded the House that we have debated this before. I rehearsed an argument in Committee about the merits of why it was necessary. I do not want to repeat that, but I want to highlight elements and remind the House of the debate we have already had and the cross-party consensus that was secured. There is merit in doing so. If the Government had had their way and the Trade Bill 2017-19 had passed, none of these amendments, or this debate, would be necessary, because that Bill had been amended. I do not recall the noble Baroness, Lady Noakes, arguing strongly against a government amendment that was in that Bill. I may have forgotten, but I do not recall her making that case.

Agriculture Bill

Lord Purvis of Tweed Excerpts

Committee stage & Committee: 7th sitting (Hansard) & Committee: 7th sitting (Hansard): House of Lords
Tuesday 28th July 2020 Lords Chamber

[The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)]

I have received one request to speak after the Minister from the noble Lord, Lord Purvis of Tweed.

[Lord Purvis of Tweed (LD)]

My Lords, I am grateful for the Minister’s fulsome response, which is characteristic of him, as well as for the good news that the talks are progressing well. No doubt we will have an opportunity during the remaining stages of the Bill after the Recess to see how well they have gone.

I wanted to come back after the Minister. I hear what he said and we have heard, not only on this piece of legislation but previously on the Trade Bill—which we will come back to—Ministers saying from the Dispatch Box that they have good intentions of consultation with devolved Ministers. However, we have seen that they have had to apologise for not carrying out consultation, including on the continuity agreement on the Faroe Islands, which was so obviously an issue which linked with Scottish Ministers, and which was not carried out. That is why this House is right to continue to press this case.

I have two questions, which arise from the Minister’s full response. The first relates to the fact that the determination for these regulations will still be made by a UK department, which means, in effect, an English department. Are the Government closed to there being a distinct process, separate from a UK government department, which would look at WTO and state aid compliance? The noble Lord, Lord Grantchester, was correct to say that these issues are linked with state aid issues. I know there is an ongoing question as to whether this should be dealt with by a UK government department or a separate body that looks at compliance. Is the Government’s mind closed on that?

The second question relates to the WTO. As Clause 40(5) states, this is about compliance with

“’the Agreement on Agriculture’ … (as modified from time to time).”

The noble Lord, Lord Grantchester, indicated that there are live discussions at the moment, especially with those developing countries that seek both changes to the Agreement on Agriculture and potentially a new agriculture agreement. With regard to the Trade and Agriculture Commission which is launching today, can the Minister indicate whether, as part of its remit to report to the Government, it will consider the ongoing discussions at the WTO about either a successor to the Agreement on Agriculture part of the WTO agreement or significant modifications to it? If there are modifications to it, there will have to be a new set of regulations to ensure that the UK is also compliant.

[Lord Gardiner of Kimble]

My Lords, I hope I have been very clear that we are dealing with a situation where ensuring WTO compliance is a function reserved not to the English Parliament but to the UK Parliament. I have also said, and demonstrated by the active discussions already ongoing within the four nations, that this is a matter on which we place great importance and on which we are working together. However, I emphasise that this is a function reserved to the UK Parliament. That will continue to be the case as we collaborate with the devolved Administrations. We have come to a bilateral agreement with the Welsh Government, and we await the Scottish Government and DAERA Ministers—our work has been successful and collaborative.

On any future development of the Agreement on Agriculture and the WTO agreement, we would all of course have to be mindful of what any such changes would be. At the moment, there are three distinct pillars of the Agreement on Agriculture, and I cannot crystal-ball-gaze as to what may happen in the future. The bottom line always is that the UK Government would have to be compliant and have to work to ensure compliance, as is their responsibility. The point that I have always made is that this is done, and should be done, working with all parts of the United Kingdom, so that this is of benefit to all parts of the United Kingdom. That is of course one of the strengths of having a United Kingdom.

--- Later in debate ---

In conclusion, the danger is that if we do not address this issue, wittingly and unwittingly much will get traded away. The trade deals will be third party but, if we are not careful, they will have a significantly detrimental impact on our farmers, agriculturalists and horticulturalists. It will be a case of not just third party but third-party fire and theft of those businesses.

[Lord Purvis of Tweed]

I know that the Minister will be relieved that I am in the last chunk of speakers on this group. The degree of consensus across the Chamber in support of Amendments 270 and 271, in particular, has been quite remarkable, and those are the amendments that I wish to address.

With regard to Amendment 270, much of what I was going to say has been said, so, perhaps untraditionally in the House of Lords, I will not say it. However, I have two questions which I do not think have been raised. First, when I helped to scrutinise the Trade Bill, with great fanfare the Government announced the UK strategic trade advisory group. It was designed to be permanent, have regular meetings and support the consideration of standards. I would be interested to know how that will interact with the Trade and Agriculture Commission. There is a standing group. Is the expectation that the commission will be absorbed into that group?

Secondly, we have a network—again, launched with great fanfare—of international trade commissioners around the world, but I am still unsure what their role will be when other trade commissioners are appointed by the Secretary of State. Will they have any interaction with this issue? I suspect not, but if that can be clarified, I will be grateful.

As the noble Baroness, Lady Henig, and others have mentioned, these issues were raised in our debates on the Trade Bill. However, when they were, the Minister said that that Bill was not the appropriate place for them. As we have heard, when they have been raised in debates on the Agriculture Bill, it has been said that this Bill is not the appropriate place for them either. At some stage, we will have to find an appropriate place for these issues, as has been made clear in the Committee. I suspect that this Bill is that place.

This House expressed its opinion and passed an amendment on standards during discussions on the Trade Bill. I wrote to the Trade Minister, the noble Lord, Lord Grimstone, when he was appointed, asking why the Government had reintroduced the Trade Bill stripping out the amendments that the Lords had made to it. He said in his reply to me that the amendments that the Lords had passed were “otiose”. After looking up that word—I confess to the Committee—I was disappointed to hear what the Minister had said, but this is now the time and place, and I do not think that this issue is otiose.

I am grateful to the noble Lord, Lord Lilley, who is not in his place, and the noble Viscount, Lord Trenchard, who is, for their contributions. I suspect they are more in tune with the feelings of Conservative Back-Benchers in the other place than here. It is worth listening to what they say because I suspect that they speak for the authentic view of the Conservative Party this year in many respects when it comes to trade. I am sorry to disappoint the noble Baroness, Lady McIntosh of Pickering; I wish that hers was the authentic voice but, because we cannot guarantee that, we must have some protections in place in this legislation.

What struck me was that both the noble Viscount and the noble Lord tried to say, in the false narrative that they perpetuate, that there are now clear distinctions and indeed contradictions between producer interest, consumer interest, environmental interest and animal welfare interest. They are all now combined and cannot be easily separated, as in the past. The noble Lord, Lord Lilley, reminded us of the establishment of the WTO in 1990. He did not mention another piece of pioneering development in 1990, when he was Trade and Industry Secretary: the Food Safety Act. He felt no contradiction at the time between putting enhanced standards for food safety for our consumers on the statute book and being the Secretary of State for Trade and Industry. Perhaps he has forgotten about that—but he is not here to intervene, even if that was allowed under the rules. We now need a system where we have strict enforcement of high standards for our market, we stop illegal activity and avoid those illegitimate goods coming in and we do not diminish and devalue market access, which is a cherished commercial benefit for our country.

There is still the narrative of differential—you can buy premium products for food if you pay extra because they have that extra bit of safety added to them—but we should have got rid of that concept a long time ago. If you go to Tesco and buy any good egg there—and surely they should all be good—the chances are that it was laid in my former constituency in the Scottish Borders just outside Peebles. If you visit the website of the farm company that produces most of Tesco’s eggs across the whole of the United Kingdom, the very first thing that comes up on the home page is that it adheres to the British Lion quality standard, the award assured by the British Retail Consortium and the RSPCA. They are not necessarily statutory but they are industry standards that add reassurance for the consumer.

There has been a lot of reference to the United States and I want to say a couple of things about the relationship with the United States. In the US, as we have seen, many states have lower labour rights, and therefore cheaper labour costs, than we have. That may be regretted by the noble Lord, Lord Lilley, and others, but it is the case. Feed is cheaper, they can reuse their litter and they use massively cross-subsidised soy and grain production for feed, so they have cheaper inputs and they would already be uncompetitive for us for those reasons. However, the US, in its negotiating mandate with its UK, seeks

“comprehensive market access for U.S. agricultural goods in the UK”,

including by eliminating

“Non-tariff barriers that discriminate against U.S. agricultural goods”.


What are these areas? Not all of them are statutory. Yes, we have inherited elements from the EU, such as the EU broiler welfare directive on stock density, and we monitor welfare and environmental outcomes such as CO₂ levels. There is no equivalent of those in any part of the United States. We have non-legislative standards that have no US equivalent, which they see as barriers but we see as something to be protected—and, I say to the noble Earl, Lord Devon, promoted—such as on the welfare of farmed animals and on the condition of animals. We have salmonella control for food safety; we have antibiotic stewardship, where we collect data for good practice not required by law; and we have a farm assurance scheme that 90% of our chickens, turkeys and ducks are reared to.

Finally, I will turn to an element that still puzzles me greatly about negotiations with the EU. This is where I think we get to the nub of some of the concerns. The US is asking of us what it is asking of the EU, which effectively is to remove some of these barriers, which are protections for standards, thus enabling American producers to be more competitive with us—in effect, making their products cheaper. However, in our negotiations with the EU, the draft text that the Government published states that they are not seeking mutual recognition for testing and certification for foodstuffs. In practice, that means a great burden for our food exporters, who will have to provide prior approval with the supplier along with compliant testing certificates, which are linked to the comments of my noble friend Lord Bruce. We do not seek mutual recognition of this testing and compliance regime. Could it possibly be that Dominic Cummings thinks that if we did do this, it would reduce our scope to agree a trade deal with China or with America, where our standards framework, our testing and our certification are seen as less of a barrier? I hope the Minister will state that that is not the case.

Simply repeating that we would not see legislative reductions is not sufficient. We have to have the protections that the amendments would put in the Bill. This is not an otiose issue. The time is now and the time is right under this Bill to amend it.

[The Deputy Chairman of Committee (Lord Duncan of Springbank) (Con)]

The House will be pleased to know that we are returning to the noble Lord, Lord Flight.

Agriculture Bill

Lord Purvis of Tweed Excerpts

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Thursday 23rd July 2020 Lords Chamber

[Lord Wigley [V]]

My Lords, it is a delight, even at this late hour of the night, to follow the noble Baroness, Lady McIntosh. I very much agree with the points made by the noble Lord, Lord Foulkes, and particularly, of course, with the points made by the noble Lord, Lord Hain, on Amendment 269, which also carries my name.

There are many threats facing agriculture in Wales and in the other parts of the United Kingdom at this time, but there are also opportunities, and to grasp those opportunities to the full we have to build on the reality and the understanding of the standard of food we produce. Therefore, we need whatever co-operation mechanisms that have to be brought forward to ensure that agriculture in Wales, as in other parts of the United Kingdom, is working to that agenda, and that the world knows that we are working to that agenda, and that food and food products from Wales and the UK will be seen in that light, and equally that those food products coming into the UK from agricultural regimes that are of a lower standard will be seen as unacceptable.

This is relevant not only in terms of the food itself—the content and the way it is manufactured—but also in terms of the impact that the process has on the environment. That will be an increasing consideration in all parts of the world when people come to judge the products of these islands. The policies we have in Wales, putting an emphasis on the needs of future generations, is particularly relevant in this context, and this group of amendments gives the Government the opportunity to respond on this issue and to give some certainty as to how they see these important elements being safeguarded.

[Lord Purvis of Tweed (LD) [V]]

My Lords, it is a pleasure to follow the noble Lord and to agree with his remarks, and to agree with the noble Lord, Lord Foulkes. I support the need for consultation, for the good reasons outlined at the very beginning of today’s proceedings by my noble and learned friend Lord Wallace and the noble and learned Lord, Lord Hope, who is also taking part in this group.

Can the Minister clarify the status of the legislative consent Motion from the Scottish Parliament with regard to this part of the Bill? If he can give information about that, I would be grateful. Formal consultations are vital in this part of the Bill, given that the regulations made under this clause could have significant impacts on the design and implementation of support schemes in Wales and Scotland. What is the policy framework for the limits on the regulations?

The Government have said that the regulations are concerned with maintaining WTO compliance under the agriculture agreement; however, they can also allow for regulations made by a Minister serving in a capacity as an English Minister, but impacting Scottish and Welsh schemes for the benefit of English farmers. Given the need for a resolution of disputes between the appropriate authorities regarding the classification of domestic support, with the Secretary of State in effect acting as a final arbiter, clarification from the Minister on this point will be important.

As well as proposing individual limits on the amount of domestic support that may be given in England, Wales, Scotland and Northern Ireland, the Government will set the effective aggregate ceiling, which is more in line with the relevant national budget, to meet the AMS ceiling under the agriculture agreement.

I understand that the EU has successfully transformed its agricultural support under the CAP from the amber box to the green box under the agreement. It has been argued that this change has not been challenged by other WTO members to date because of the scale of the EU. We may not necessarily have that in future as a stand- alone, individual country, so what is the Government’s policy intent? How will we engage in negotiations with other countries, which may take a different view from the one they took with regard to classification and interpretation while we were a member of the EU?

Given that this could be very relevant in our trade negotiations, can the Minister confirm that these regulations will not be used as part of any trade deal with the US? Given that the US has a more relaxed interpretation of the schemes under the WTO box classifications, there is not a level playing field between the UK and the US. That provides the US with a competitive advantage. We operate a number of quality schemes that it does not, but the US insists that the WTO agreement is the ceiling; we do not. Under its recent agreement with China on poultry, for example, neither country will go beyond what the WTO has agreed. We do not take that position. Will the Government allay some concerns and state that we would not reduce any of the support schemes with regard to the viability, standards and quality of our markets—not necessarily changing primary legislation but the support schemes that ensure our market is of the highest standard? I would like reassurances from the Minister in that regard.

The Minister is a sincere man. We have had these discussions during the Trade Bill and no doubt we will in September. He has said there will be no changes to primary legislation. When I asked the Trade Minister recently whether any trade agreements going forward—not continuity agreements but new trade agreements—will not change any of the support schemes or statutory instruments regarding standards, he could not give that assurance. I would be grateful if the Minister could allay my concerns and state that these regulations will not be used to make a meaningful change to any of the existing standards and qualities that the Americans might see as uncompetitive.

[Lord Hope of Craighead [V]]

My Lords, I support Amendment 264, moved by the noble Lord, Lord Foulkes of Cumnock. By a curious chance, I spoke to Amendment 267, a mirror image of this one, shortly before midnight on Tuesday evening. I do not need to repeat what I said then, because I am sure that the Minister knows very well the points that I wanted to make. The amendment moved this evening is almost exactly the same, except that in my case, instead of using the phrase, “the relevant stakeholders”, I set out who the relevant stakeholders were. For the reasons I mentioned at about this time two days ago, I absolutely support the amendment moved by the noble Lord, Lord Foulkes.

Food Supply and Security

Lord Purvis of Tweed Excerpts

Thursday 14th May 2020 Lords Chamber

[Lord Purvis of Tweed (LD)]

I also thank the noble Baroness, Lady Boycott, for introducing the debate. My admirable Lib Dem colleagues will cover the whole breadth of the topic. The broader issue in one part of the UK which is perhaps greater than any other is the fact that two-thirds of total Northern Ireland imports and exports are in bilateral agri-food and intermediate trade, so the pressure of the Covid-19 impacts are major. However, added to what the Government propose from January 2021, it should make us pause. For the first time in our nation’s history, United Kingdom businesses in Northern Ireland will operate under foreign laws, regulations and standards set by a body that we are not a member of and over which they have no say. Also for the first time in our history, one UK business buying from or selling to another UK business will have to do so through a customs border control post, with foreign tariffs applied as a default and checks decided by the EU being carried out. Animals and animal products going into Northern Ireland from Great Britain will be treated as if they have come from a foreign country.

We found this out through details in letters going to Brussels which have been disclosed to the Northern Ireland Assembly, not through information given to us here. Last November, Boris Johnson said that of course there will never be checks. That was repeated by the noble Lord, Lord Bates, during consideration last year of the Trade Bill, and the fact that that was still the position was repeated to me directly on two occasions by the noble Lord, Lord Callanan. Moreover, in a feat of redefining the words “unfettered access”, the noble Lord, Lord True, said in a rather sleekit way in the same paragraph during a debate last Tuesday that there would be “administrative measures”, while today the Prime Minister’s official spokesman said, without a hint of a blush, “There were always going to be checks.”

My question to the Minister, who is an honourable man, is this. When will we see the legislative proposals for these new checks and the burdensome procedures at the new customs and regulatory border within the UK, so that we can scrutinise them fully and give them proper accountability, which so far these proposals have lacked?

Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019

Lord Purvis of Tweed Excerpts

Monday 7th October 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I should have declared my farming interests as set out in the register. That was remiss of me.

The noble and learned Lord, Lord Hope of Craighead, took your Lordships to Greenland and asked who is to be satisfied. Unless I get precise detail on that point, I assure the noble and learned Lord that I will write to him with an explanation and place a copy in the Library. We are seeking to bring forward and put on to our statute book that which has gone through the Commission in the agreement. We are not suddenly deciding that we, out of some whim, will add trade with Greenland. We are adopting, refining and getting on to our statute book what has already gone through that rigour.

I will get chapter and verse on who is to be satisfied, but we are not adopting anything new in these instruments. I agree that this is one of the nightmares of having the statutory instrument alongside the Explanatory Memorandum. Statutory instruments sometimes become a source of considerable confusion to me. I am very grateful for a proper Explanatory Memorandum. Of course, what we want to do is to ensure that we have the top biosecurity and that consumers and the people of this country are safe with all products, whether from home or abroad—including, indeed, from Greenland. The whole basis of what we are seeking to do is to ensure that we have those very strong measures in place.

On the points made by the noble Baroness about the recent legislation, the Government will abide by the law. However, our task, and my task, which I alluded to in my opening remarks, is to prepare for any eventualities. We think we might get an extension if one is ever required; I cannot guarantee that today. I am sorry to be so punctilious, but our task—I am looking particularly at the noble Baronesses, Lady Jones of Whitchurch, Lady Parminter, and Lady Bakewell of Hardington Mandeville—has been to be able to say, in all sorts of scenarios, that we have done everything possible. My noble friend the Duke of Montrose rightly said that if we did not get our listing on Friday, many farmers up and down the land would say, “You mean you didn’t even try? You didn’t even take the precaution of seeking a listing?” We did.

I understand the thrust of what the noble Baronesses have said and the comments made about the amendment to the motion. However, I want to make it clear that this is about ensuring that Defra does everything it can to ensure that the Commission sees our bona fides in adopting all the law which it has adopted since we went through the exercise of seeking a listing earlier in the year.

As I have said, the majority of the Brexit SIs are needed whether we leave with or without a deal. If they are no longer needed on exit day, they will be deferred until the end of a transition period. There have been many hundreds, and a lot of our work has been about getting the statute book to where we need it to be. We do not see the affirmative route as being used anything other than extremely sparingly. It is not a desirable route unless, with the buffer of timing, we think it in the best interests of the United Kingdom. Obviously, it is not something I would ever want to deploy unnecessarily or wantonly.

The noble Baroness, Lady Jones of Whitchurch, made a number of points. On the scrutiny of the variation and the Secretary of State’s powers, having met Ministers from the devolved Administrations, it is important to say that the Secretary of State could vary the list of third countries or alter the import requirements only with the consent of all the devolved Administrations, so it would need to be deemed in the interests of all the Administrations. As I explained, those decisions, and the decisions that Ministers would be required to make, which currently reside with the Commission, will be informed by the four UK Chief Veterinary Officers, who are our top veterinary experts on animal health, and the Food Standards Agency, which is our expert on the public health aspects. The Chief Veterinary Officers would, in turn, be supported by the scientific analysis of the Animal and Plant Health Agency. Given the international respect with which both the FSA and the APHA are regarded, I feel confident that these decisions would be in the appropriate hands. Also, Regulation 18.4 makes it clear that to change these lists, the Secretary of State must bring forward a negative SI, which, if anyone is concerned that this is not a step in the right direction, enables us to scrutinise it.

Noble Lords will understand that the line is that we do not comment on leaked documents. However, I say to the noble Baroness, Lady Jones of Whitchurch—and as I have said very often—that the UK is a world leader on animal welfare and environmental standards. We will not water down our standards as part of trade negotiations. We have a reputation for quality that is built on those standards and on the dedication of farmers and growers to meeting UK consumers’ expectations. With what is already on the statute book, the current UK import requirements—

[Lord Purvis of Tweed (LD)]

I have been listening carefully to this debate. Given what the Government have submitted to Brussels at the moment, might the Minister reflect on his terminology? He has referred to the UK on a number of occasions, most recently in his last few comments. The Government’s policy is that it would no longer be the UK, as Northern Ireland would operate under one regulatory regime and Great Britain under another. Can the Minister be clear what the legislative relationship would be with this instrument because, for the first time since the 1920s, one part of the United Kingdom would not have the same approach as the rest of it? Will he reflect that these commitments no longer refer to the UK as a whole?

With regard to the point from the noble Baroness, Lady Jones, about Northern Ireland, can the Minister explain what might happen if there is a no-deal scenario—which he says he has to prepare for—when it comes to some of the checks that would be required in Northern Ireland, given its relationship to the Republic of Ireland? The temporary measures that the Government published in March indicated checkpoints. These would be off the border, but nevertheless those taking and receiving goods would have to go to designated hard areas. Are those temporary measures still planned by the Government if there is a no-deal Brexit? If we are faced with that on 31 October, are the Government indicating that from 1 November there would be hard areas in the United Kingdom to check goods covered by this statutory instrument?

--- Later in debate ---

[Lord Gardiner of Kimble]

The Republic of Ireland remains in the EU. As I said, we will not be inspecting, because we believe that the EU’s standards are high. We are addressing this matter in these statutory instruments precisely because imports from the EU will not require additional inspection as they are of a suitable standard.

[Lord Purvis of Tweed]

My Lords—

[Lord Gardiner of Kimble]

No. I am going to make progress, if the noble Lord will forgive me. I have had a lot of interventions and I will address his point.

My noble friend Lady McIntosh also raised the issue of veterinary surgeons. We are offering free training for official vets to sign EHCs for food products. Some 736 have been registered with the APHA to assess free training, of which 564 enrolled on the course for this qualification; 152 have since qualified. The total number of official veterinarians who can sign EHCs for food products has increased by 200 to 835 since 8 February. We have also created a new certification support officer role to assist official vets and are offering free training. To date, 170 have registered and 47 have qualified. We have published a list of official veterinary services on GOV.UK to help businesses find official veterinarians. I am absolutely clear that vets are vital in this. That is why the statutory instrument tidies up the position in relation to veterinary surgeons, as I have said.

My noble friend Lady McIntosh asked about animal welfare and transport. There is considerable concern about the welfare of animals in transport and we will continue to recognise EU transport welfare authorisations for an interim period, to mitigate the risk of friction at the border from EU consignments arriving. This is an area where the Government will look in future to see how we can enhance animal welfare. We have been clear that we understand the issues about transport and the Scottish islands, but we think that there is considerable room for improvement, and this is a work in progress. I understand the point my noble friend makes about farming interests as well, but we need to be mindful, clearly, that our standards of animal welfare are clearly understood.

The noble Lord, Lord Purvis of Tweed, spoke about the legislative relationship if there were different regulatory regimes in Northern Ireland and Great Britain. The Prime Minister recently highlighted that there are ongoing negotiations, and it would not be appropriate to pre-empt those at this stage—I suspect that the noble Lord expected me to say that. The statutory instruments deal with third-country listing and, specifically, operability amendments.

To answer the point of the noble Baroness, Lady Masham, we are absolutely clear on this and it is central to our border delivery group work. We absolutely understand it, which is why I mentioned animal welfare to my noble friend Lady McIntosh. We are very conscious of the importance of planning to ensure that we have the facilities in place and do not have animals held up. There must be alternative ways, including by using other ports, because we all understand that the straits between Calais and Dover, in particular, are going to be pressure points. It is important that we work to make sure we have capacity in place at other ports, including rerouting to EU ports and airports that have the appropriate border inspection facilities. We are very mindful of the importance of our animals coming from this country, where we want them to be well looked after, and moving to other parts of Europe. I know that there will be some details that I have not adequately addressed. Some are detailed and I want to make sure that I get the absolute chapter and verse, so that in no way have I verged into my own personal view, but instead given a distinct expression of view.

I understand everything that the noble Baroness, Lady Jones of Whitchurch, said, but I do not believe that, in bringing forward the statutory instruments, I have done anything other than the best I can to ensure, in whatever circumstances we are presented with, that we are in a position to say clearly to the Commission that we have done everything possible to secure its consent for a listing if there were a circumstance in which that was necessary. I entirely back up my noble friend the Duke of Montrose. I think I know farmers quite well, coming from that stock, and if we had not bothered to do this, with its nearly £5 billion consequence, and had not put this forward in the way we have, there would have been very considerable alarm and disquiet that we had not done everything possible, for any scenario. One thing about these times is that nothing is particularly certain, and therefore we have to cover all eventualities. So, I understand the noble Baroness’s amendment, but I hope she will feel able to withdraw it.

US-imposed Trade Tariffs

Lord Purvis of Tweed Excerpts

Monday 7th October 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I repeat what I said before to the noble Lord and I declare my interest in the register of a shareholding in the drinks industry.

Resorting to tariffs is not in the interests of this country, the EU or the United States if we are to have the productive economic relationship with the United States which we are working on and want to have. It is already our largest trading partner outside the EU. It is clear that we need to have a positive, mutually beneficial relationship with the United States. We believe that that is the way forward because the United States is an important market for our produce.

Geographical indicators is not my specialist subject, I am afraid, but it seems to me that Scotch whisky comes from Scotland and Bushmills comes from Northern Ireland. We should cherish our produce and I am grateful to the noble Lord for his remarks.

[Lord Purvis of Tweed (LD)]

My Lords, given the indicators under WTO rules that these products are unique, they will become even more vulnerable to a tariff regime that the United States may play across the European Union. This industry is uniquely Scottish and British. As with distinct elements of our cashmere industry, which was referenced in the Answer to the Statement—I represented many mills in my former constituency—the industry has been able to flourish in the past, certainly within textiles, because when it has been a victim of international trade disputes, European structural funds have supported it. What are the Government’s contingency arrangements for rural businesses and the whisky industry?

The noble Lord gave figures for the Scotch whisky industry showing that single malts account for one-third of the £1 billion in whisky exports. There are 7,000 rural jobs in that sector, and the cashmere and textile industry is particularly vulnerable. Will the Government give a commitment that whatever the European Union decides, we will be in lock-step with it? If so, the tariff proposals we have just been questioning the noble Lord, Lord Callanan, on will have to be amended to be in lock-step with the EU response to the United States. I hope that Ministers have given that commitment to our interlocuters from the United States. It would be helpful if the Minister could clarify that that commitment has been given.

[Lord Gardiner of Kimble]

My Lords, as I have said, we are working with the EU. This issue concerns tariffs imposed on the EU, and we are part of the Airbus quad that I have been learning about. We are working very strongly with our EU friends and partners, in working with our American friends and partners, on something that we in this country do not think is beneficial for American trading interests or our own. Whatever our status—whether a member of the EU or not—we are clear that we do not believe that this is right or beneficial. If we have left, we will also be saying that this is not a basis on which we should be working. These tariffs are not beneficial to the EU, the UK or the third party in this, the United States.

Food Safety Standards: Brexit

Lord Purvis of Tweed Excerpts

Thursday 11th January 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, all the agencies, including the Food Standards Agency, play a hugely important role in terms of consumer confidence. It is important that we ensure that the resources are put in place—as we are doing in Defra, with additional resources to deal with many of these things—so that we can continue to have the confidence that we should have. I want to be clear again: we will not compromise on the standards that will be on the statute book. Those are the requirements that we will adhere to in any trade deals.

[Lord Purvis of Tweed (LD)]

My Lords, if these standards had been established under existing EU trade arrangements, a mandate would have been sought and secured by the Commission from the Council and then published for the Parliament. The Government have not done that with this Parliament. A public scoping exercise would have been carried out and published, and this Parliament through our MPs would have been able to consider that, too. That also is not happening. Why are the Government proposing under this working group fewer opportunities for this Parliament to intervene and less transparency even at this stage of the discussions? In respect of the trade Bill, the mechanism that Parliament would have as a result of this exercise is an unamendable single statutory instrument. Why are the Government proposing less transparency and fewer opportunities for parliamentary accountability than we currently have by virtue of our membership of the European Union?

[Lord Gardiner of Kimble]

My Lords, I shall take the opportunity to take that question away and look at it so that I give a proper and detailed reply, of which I shall put a copy in the Library, because it is important. This Government are absolutely clear that we want trade deals. They will be reputable for all sorts of reasons that I have outlined, and we certainly want transparency.