Draft Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023

Mark Spencer Excerpts

Wednesday 6th December 2023 General Committees

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

I beg to move,

That the Committee has considered the draft Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023.

These draft regulations were laid before the House on 7 November. I will start by drawing attention to my entry in the register of Members’ financial interests.

This instrument is part of England’s transition from the common agricultural policy to our environmental land management schemes. The instrument introduces delinked payments in 2024, which will take the place of the direct payments of the basic payment scheme in England. Delinked payments are similar. However, unlike the basic payment scheme, delinked payments will not be based on the amount of land someone has. Instead, they will be based on the basic payment scheme payments made in a reference period. That will reduce administrative burden as we phase the payments out by the end of 2027.

There will be no need for an annual application form, as the Rural Payments Agency will already hold the data needed to check eligibility for those payments. That will mean farmers having to spend less time filling in forms than under the current scheme, and that will provide flexibility for farmers. We are allowing reference amounts to be transferred between businesses during a transfer window from February to May next year. That will be particularly helpful for businesses that have changed in structure since the start of the reference period; for example, if two or more businesses have merged, a reference amount could be transferred from the original business to the current business. Special rules will apply in cases of inheritance.

The Government intend to reduce the payments each year by applying percentage reductions to gradually phase them out, which will continue to free up money to be reinvested in our new farming schemes. The reduction percentages will be set out in secondary legislation, which will be debated in this House. We intend to make the payments in two instalments each year to continue to help with cash flow and ending the basic payment scheme also means ending the associated cross-compliance system. When cross compliance ends, farm standards will be maintained through domestic regulations that protect the environment, the public, animal and plant health, and animal welfare.

Those regulations will be enforced in a fair, consistent and proportionate way by our existing regulatory authorities. The cross-compliance rules that are not in underlying domestic legislation will have cover through current and forthcoming guidance, regulation or incentives. We will deliver a fair, clear and effective system to regulate agriculture. The Department for Environment, Food and Rural Affairs is working with regulators to implement a more preventive, advice-led approach to monitoring and enforcement. The introduction of delinked payments is an important step in our transition to payments that deliver better environmental outcomes.

[Nigel Mills (Amber Valley) (Con)]

The explanatory memorandum states that a recipient will not actually need to have any land to continue to receive payments. Could the Minister explain the logic behind giving a farm payment to someone who has no farm? Would we expect the payment to then be transferred to the person had come into ownership of the land, or could they just keep receiving it for a number of years?

[Mark Spencer]

To be clear, that is not the case. An individual will have to have control of the land parcels associated with that business. If those entitlements are transferred to another business, that will be the case. It should not be possible for someone to retain the payments without having ownership or control of that land parcel. They would have to pass it to another person who was operating and farming or being in control of that land parcel. I am happy to come back to my hon. Friend later in the debate.

We will deliver a fair and effective system to regulate. For example, we have used the money that has been freed up from direct payments already to establish the slurry infrastructure grant to help livestock farmers tackle pollution from slurry. That includes committing to spend over £200 million on ongoing grant support for equipment and infrastructure. We are also funding our sustainable farming incentive, which rewards farmers for farming practices that help to produce food sustainably and protect the environment. Our expanded 2023 offer has already attracted more than 4,000 applications in the two months since the application window opened. That, of course, builds on the success of our countryside stewardship scheme, which now funds more than 32,000 agreements, which is a 94% increase since 2020.

Those are just some of the ways in which we are reinvesting the money from direct payments to deliver improved environmental outcomes and to support sustainable food production. As delinked payments are in place of the basic payment scheme, this instrument revokes the law governing the basic payment scheme as it applies in England. It also makes minor changes to other domestic and retained EU legislation that applies in relation to England. Those changes ensure that the legislation continues to work effectively once the basic payment scheme ends.

In conclusion, by introducing delinked payments, this instrument enables us to pay former basic payment scheme recipients for the rest of the agricultural transition, but without the bureaucracy associated with the current scheme.

--- Later in debate ---

[Mark Spencer]

May I start by clarifying the question asked by my hon. Friend the Member for Amber Valley. Delinked payments will only be made to farmers who claimed in the previous schemes in 2023. In the basic repayment scheme, there is not the necessity to hold that land in future, but in practice, if people take on lots of land from neighbours, those rights could be transferred if businesses are amalgamated and changed. Technically, it is possible for someone to receive payments without farming that land, but these payments are very much on a diminishing scale and will evaporate very soon, which is the whole purpose of this transition. This transition is to move away from that basic payment scheme to improve our environmental footprint, and to help farmers on that journey of improving our biodiversity and our environment as we move forward.

The hon. Member for Cambridge again asked me about the budgets, and as I have told him in the past, the budget is clear—it is ringfenced. It is £2.4 billion-worth of cash, and it is there to be invested in UK farming to get the outcomes that we want to achieve. If there is an underspend, such as if we spend £2.3 billion this year, we could spend £2.5 billion next year. That is agreed with the Treasury and we can roll that money forward and it will be invested. That is why we have been able to do some of the great schemes that we have been able to roll out to allow farmers to invest in slurry.

[Daniel Zeichner]

The Secretary of State confirmed only the other day at the Country Land and Business Association conference that only 800 sustainable farming incentive schemes are currently being paid out—that is compared to 80,000 basic payment agreements. There is a gap, and I wonder if the Minister would agree to write to me to explain where in the accounts that money is located.

[Mark Spencer]

Of course, I am more than happy to write the hon. Gentleman, but he fails to mention the doubling in the number of people that are receiving countryside stewardship agreements—a 93% increase. We now have slurry infrastructure grants, calf housing grants, beef housing grants, and investment in robotics and new technology. All of those were not available under the basic payment scheme, but farmers are now eligible to apply for those capital sums to invest in their own productivity going forward. Of course, I will write to the hon. Gentleman and try to reassure him again, but I fear that he may not want to be reassured, but instead wants to try to frustrate.

That leads me to the hon. Gentleman’s distrust of UK farmers and his worry that UK farmers are going to wreck our beautiful landscape following the loss of cross-compliance. I have to say that that is the environment and the landscapes that they created over generations. Let us just look at the landowners up and down the country who do not receive basic payments and who are not under obligations to meet these rules. Why is he not worried about local authorities that may cut hedgerows in May or June? Why is he not worried about the Coal Authority, which owns vast amounts of property and may go and commit those crimes, as he has indicated? Why is he not worried about golf courses, which may well go and cut their hedgerows in May and June? Why is he only worried about farmers—the people who have protected those landscapes and created them over generations? I trust those farmers. I believe in those landowners and farmers to do the right thing. They have done it for generations, and they will continue to. We are going to help and support them on that journey by investing in them and ensuring that they can do the right thing to improve biodiversity and their environmental footprint.

Question put and agreed to.

Draft Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2023

Mark Spencer Excerpts

Tuesday 5th December 2023 General Committees

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

I beg to move,

That the Committee has considered the draft Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2023.

It is a pleasure to serve under your chairmanship, Mr Davies.

The regulations were laid before the House on 26 October. They amend the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 and the Plant Health etc. (Fees) (England) Regulations 2018 to extend an exemption, in certain circumstances, from the payment of fees in connection with applications for a phytosanitary certificate. The 2015 regulations and the 2018 regulations set fees for the delivery of plant health services in England by the Forestry Commission and the Department for Environment, Food and Rural Affairs respectively, including fees for phytosanitary certification services required to comply with entry requirements relating to plant health controlled material. All businesses that use the services are charged a fee to recover the cost of delivery.

Earlier this year, the UK Government and the European Union announced the Windsor framework, which fundamentally amends the old Northern Ireland protocol to restore the smooth flow of trade within the UK internal market, and safeguard Northern Ireland’s place in the Union. Under the Windsor framework, the new schemes allow for the smooth movement of retail agrifood goods, plants and seeds for planting, seed potatoes, and used agricultural and forestry machinery and vehicles from Great Britain to Northern Ireland. Where goods do not move within the new NI plant health label or via the new NI retail movement scheme, they must meet different requirements—including, in the case of plants and plant products, being accompanied by a phytosanitary certificate. Such goods move through what is sometimes referred to as the red lane, where fees and certification requirements apply.

For businesses that move goods from Great Britain to Northern Ireland outside the new scheme but where the goods remain in the United Kingdom, in December 2020 the UK Government introduced the movement assistance scheme, which waives the cost of inspections and certification for businesses moving agrifood goods from Great Britain to Northern Ireland. This underlines our ongoing support for the agrifood and horticultural sectors in the UK, as well as to consumers in Northern Ireland.

In September, as part of a financial package provided to support the industry with the implementation of the Windsor framework, we confirmed that the scheme would be extended. The regulations make an amendment to extend an exemption from the payment of fees for certification services where goods move from England to a business or private individual in Northern Ireland. The exemption also applies to movements of goods by private individuals in their passenger baggage. Although this statutory instrument applies in England, as this is a devolved matter, both the Scottish and Welsh Governments are currently taking forward their own parallel legislation.

The regulations will ensure that trade from England to Northern Ireland is not subject to additional plant health costs until 1 July 2025, giving businesses time to adapt to the new movement routes now available thanks to the Windsor framework. I commend them to the Committee.

--- Later in debate ---

[Mark Spencer]

I thank the shadow Minister for his engagement and his support on these matters. This is one of those rare occasions where the Government did consult and 100% of respondents were supportive of the proposed extension. It is quite rare in government to have a consultation on a proposal that 100% of people agree with, but that is what happened in this case.

We have not done a full impact assessment, because we are simply extending the existing measure, but it is worth bearing in mind that when we were members of the EU, the island of Ireland was already a phytosanitary unit, so there were costs of getting an EU certificate to transport goods of this nature to Northern Ireland—just as if someone were sending a tree, for example, to Paris, they would have needed certification.

When it comes to extending again—the question of what we will do in 2025—of course we will continue to work with and listen to the sector. We are very proud to be part of Great Britain and Northern Ireland as a United Kingdom, and we want Northern Ireland to remain part of the United Kingdom. We will always work with our colleagues and friends in Northern Ireland to help and protect their economy, and ensure that they remain part of a United Kingdom. I think we will reflect in 2025 on whether we want to extend again; we will consider that at that moment, but at this moment in time this seems the right thing to do to support nursery and horticultural businesses to access goods, and to make sure that the island of Ireland remains a safe phytosanitary environment.

I commend the regulations to the Committee and I hope Members will support them.

Question put and agreed to.

Draft Wine (Revocation and Consequential Provision) Regulations 2023

Mark Spencer Excerpts

Monday 4th December 2023 General Committees

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

I beg to move,

That the Committee has considered the draft Wine (Revocation and Consequential Provision) Regulations 2023.

It is a pleasure to serve under your chairmanship, Mr Stringer. The regulations were laid before the House on 25 October. I am proud to support our thriving wine market, which is one of the largest in the world and which had a total value of over £11 billion in 2022. The Government want to provide a regulatory landscape that enables the wine industry to be as innovative and productive as possible.

With this statutory instrument, the Government seek to take advantage of leaving the European Union. For the first time in decades, we can set our own wine regulations. We are therefore delighted to take the first historic step in providing flexibility for our wine industry. This instrument brings welcome flexibilities on how wine can be produced and labelled. These reforms are pragmatic and respond to calls for change from the wine industry.

First, the instrument will amend importer labelling requirements by removing the requirement that imported wine must show the prefix “importer” or “imported by” before the address of the business responsible for importing the wine to England. Doing so will apply general food law to wine labelling, and the intention is that the change will reduce the need for winemakers and bottlers to have separate labels for the UK and EU markets. That will reduce costs and remove administrative burdens.

The second change removes a restriction on new applications for wines with a protected designation of origin. That will enable new wines with a protected designation of origin to be produced from any permitted grape variety or hybrid variety, rather than just from the species Vitis vinifera. The change will ensure that our domestic wine sector increases resilience in the face of climate change and diseases.

Thirdly, the instrument will allow producers in England the scope to produce and sell piquette—a beverage produced by adding water to grape pomace, which is then fermented. That is an exciting and interesting opportunity, which the Government wish to offer our wine producers.

The Government will continue to support the already thriving wine industry by enabling the blending of imported wine in England. That will enable the wine industry to blend different varieties of wine from the same or different origins, including wines from third countries, to achieve greater consistency in its products and to create entirely new products that respond to consumer tastes. The Government are delighted that the measure also offers the prospect of more British jobs in English wineries and bottling plants.

The instrument will remove the mandatory requirements for foil caps and mushroom-shaped stoppers to be used in marketing sparkling wine. It will also remove the wine certification scheme in GB. The Government opposed the policy as a European Union member. Now that we have left, we can seize the opportunity to remove that pointless burden.

[Grahame Morris (Easington) (Lab)]

I thank the Minister for that explanation. There is general acceptance that this is a positive measure. I was just reading the briefing note from the Wine and Spirit Trade Association, and I did not realise that we are the second biggest importer of wine in terms of quantity—we import 1.3 billion litres—and the 12th largest exporter. I looked through the impact assessment, but what impact will the bottling of blended wines have on employment? Will it be a positive as a result of this legislation?

[Mark Spencer]

We are really hopeful that it will be a significant positive and give flexibility to wine blenders here in the UK. It will also allow them to improve the quality of what they sell in UK markets and around the world. We very much hope that it will give the industry the freedom to be flexible and to respond to consumers’ changing tastes at the same time.

[Jeremy Quin (Horsham) (Con)]

Sussex is very proud of its wine industry, which is growing year by year. There is a huge amount to be proud of—

[Jeremy Quin]

My hon. Friend the Member for Eastbourne concurs from a sedentary position.

To pick up on the point made by the hon. Member for Easington, the growth of the wine industry brings benefits not only to the industry itself but to tourism. I very much welcome these proposals, and we see a lot of potential in Sussex for us to grow not only the industry itself but, more broadly, its positive impact on tourism.

[Mark Spencer]

My right hon. Friend is a great advocate and consumer of wine. He will be aware that Sussex is quite unique: it has its own geographical indicator and protections for its English wine and its English sparkling wine. I am grateful for his support and that of his constituents.

[Jeremy Quin]

I thank my right hon. Friend for what I believe is a compliment.

[Mark Spencer]

To get back to the matters at hand, the majority of these reforms will apply only in England. However, the Welsh Government and the Department for Environment, Food and Rural Affairs have agreed to pursue future reforms together, allowing the benefits to flow to the wine industry across both nations, and we continue to encourage Scotland to make similar reforms.

Together, these changes will liberalise the growing wine industry and address issues faced by our wine businesses. I hope I have said enough to assure members of the Committee of the need for this instrument. It is the first part of a broader package of reforms that will give our thriving wine and alcoholic drinks sectors greater flexibility and support in the future.

--- Later in debate ---

[Mark Spencer]

I am grateful for the support of the shadow team, and I will address some of the points made by the hon. Member for Cambridge.

Of course, it would be much better to do these things across the whole UK. It is a question of ensuring that we take our friends in Scotland and Wales with us. The hon. Gentleman slightly pressed me on why we are bringing the regulations forward so close to the deadline. We have been engaged in many conversations with our friends in Wales and Scotland, cajoling them along the same route. To be clear, they have not said that they will not do this; they are still considering what they would like to do. We are helping and supporting them in that decision-making process and to come on board and do some of these things in Scotland and Wales. Those conversations are ongoing, and we will continue them.

We are doing this SI first, and we will do the other two when we get to them, but more detailed work is needed with the industry to ensure that we get the legislation right.

[Daniel Zeichner]

May I press the Minister slightly? In a few weeks’ time, will we not end up with produce being regulated differently in different parts of Great Britain?

[Mark Spencer]

To be clear, absolutely not. We will not have products that are regulated differently, but we will have an industry that is regulated differently in terms of blending. It will be possible for a winemaker in Cambridge to blend a wine in Cambridge and to sell it throughout the United Kingdom—it will still be possible to sell Cambridgeshire wine in Cardiff and Edinburgh—but it will not be possible for someone to blend a wine in Cardiff and to sell it in Cambridge. However, we hope our friends in Wales and Scotland will catch up.

The hon. Gentleman asked some specific questions about labelling, and it is important to get across that it is fundamental to these changes that the consumer is not misled, and nothing in them will mislead consumers. People will have to be absolutely clear. It will not be possible for me to buy in some Australian wine, blend it with three grapes from Sussex, bottle it in Nottinghamshire and call it Nottinghamshire wine. Clearly, that would be misleading, which is not permitted under these regulations. We must be clear about the percentages, the blends of grapes being used and the origin of the wines.

That is all clear for those who are doing it, but the regulations do give importers flexibility to blend different varieties and types of wine to maintain a standard product throughout different seasons, because wines can change, and they can also change in transport.

[Grahame Morris]

I am grateful for that explanation, but I support the points made by my hon. Friend the Member for Cambridge on the Labour Front Bench. It would be in everyone’s interests to have a clear system of labelling, particularly when half the wines we import are bulk wines that are subsequently blended. Is there a particular point of contention with the Scottish Parliament and the Welsh Assembly? Is there a particular issue that is concerning them?

[Mark Spencer]

I am not aware of any specific concerns; I think it is more a question of timing. I do not want to imply any criticism of the Scottish or Welsh devolved Administrations, because positive conversations are taking place, and I am sure Scotland and Wales will get to these regulations in time. There is a much more established wine sector in England—certainly on the south coast—so it is probably a higher priority for the UK Government to facilitate these changes in England. That said, there is quite an established wine sector in Wales, which I am sure the Welsh Government will want to support as we move forward. However, the conversations remain positive and constructive, and I am sure any issues will be resolved in due course.

With that in mind, Mr Stringer, I ask the Committee to support the regulations, and I shall cease to speak.

Question put and agreed to.

Draft Plant Protection Products (Miscellaneous Amendments) Regulations 2023

Mark Spencer Excerpts

Tuesday 28th November 2023 General Committees

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

I beg to move,

That the Committee has considered the draft Plant Protection Products (Miscellaneous Amendments) Regulations 2023.

The regulations were laid before the House on 23 October. The judicious use of pesticides is an important part of a farmer’s toolbox to manage pests, weeds and diseases. This instrument amends legislation in order to temporarily extend and reinstate EU exit transitional arrangements, to maintain availability and choice of pesticide products in Great Britain. Transitional arrangements allow farmers to buy and use certain seeds treated with a pesticide authorised for that use in an EU country, but not in Great Britain. That arrangement is due to end this year on 31 December.

Treated seeds are crucial for good crop establishment and yield. In Great Britain, £550 million worth of maize is grown annually and 99% of that is protected with a pesticide authorised in the EU. As maize is the main crop for animal feed and a key biogas fuel, the loss of those treated seeds could be devastating for the dairy industry and for energy costs.

The regulations will extend the arrangement for three and a half years, until July 2027. The pesticide used to treat the seeds must have been authorised in an EU country before the end of the implementation period and must remain authorised, to ensure that it has passed through a strict regulatory regime comparable to ours. Although the Government have recently granted emergency authorisations for several maize seed treatments, that is only a short-term solution—it does not provide the certainty that farmers need for the future across a range of seed treatments. That is why the regulations are so important.

The instrument also aims to reinstate access to pesticide parallel products; through the use of parallel permits, transitional arrangements allowed a pesticide authorised in an EU country to be imported until December 2022, as long as it was identical to an authorised product in Great Britain. Farmers have until June 2024 to use the remaining products that they have in store. Due to global events, the cost of pesticide products has increased. The end of this measure could lead to some sectors spending on average almost 20% more for certain products. This is why this measure is needed.

The instrument will allow previous permit holders to reapply for a parallel trade permit, for a maximum of two years. Grace periods may also be granted when a permit expires, allowing existing stocks to be sold for another six months and used for up to a year after that. The period stipulated in the regulations has been carefully considered to support farmers now and to maintain regulatory oversight.

As with treated seeds, we must maintain high standards for public health and environmental protection. All parallel products must be identical to a reference product authorised for use in GB, and will continue to be subject to the Health and Safety Executive’s monitoring and enforcement regime. Through sampling and intelligence-led investigations, our regulator can identify products that are not up to these standards and will remove the permit if that is the case.

To introduce these measures to support our farmers, we are using powers in the Retained EU Law (Revocation and Reform) Act 2023 to revoke and replace key components of secondary retained EU law. Although the measures are temporary, they will help pave the way for long-term solutions by allowing manufacturers time to submit full applications for GB authorisations and pesticide users time to integrate alternative solutions to pest management, which we will continue to support. I hope that hon. Members will support the regulations, which I commend to the Committee.

--- Later in debate ---

[Mark Spencer]

I am grateful to the shadow Minister for his contribution and to hon. Members for their attendance today. I hope that colleagues will recognise that the regulations are crucial to ensure that farmers continue to have the tools that they need to protect their crops. I shall address some of the shadow Minister’s questions.

The national action plan on pesticides is coming soon; we have been liaising with colleagues from the devolved Administrations about it for some time. Those discussions have reached a fruitful conclusion and I hope that we will be able to launch the plan very soon.

Why have there been no new applcations? Obviously, these chemicals and new technologies take a lot of developing. It takes a long time for chemical companies to come forward with products to the marketplace. There is actually a biopesticide that is very close to being rolled out, but the authorisations have not been gone through so far. We need to make sure that we have all the data available to make a credible assessment of whether it is safe for the environment and the operator. We will not shirk away from going through that rigorously. The Health and Safety Executive does an excellent job in giving us that data and knowledge.

I think we pitched the period of two and a half years about right. We think that is a window of opportunity to engage with the sector and make sure that those coming forward with products that they want to register will have ample opportunity to do it within that window. Eighteen months would have been quite tight; it might have been achievable but we want to give a credible time for those applications to come forward and be properly considered.

[Daniel Zeichner]

I understand the point that the Minister is making, but what does he expect to happen at the end of those three and a half years?

[Mark Spencer]

I hope that by that time the sector will have had the opportunity to come forward with its own applications to the Health and Safety Executive and for us to have looked at that data and granted UK authorisations. We are committed to working with the sector and we have a good working relationship with it.

The shadow Minister commented about how our friends in the EU had withdrawn some products. We are keen to help our food sector to have the tools available to continue to produce great food. We need to balance that, of course, with the impact on the environment and the safety of operators who use the chemicals. By their very nature, these chemicals are designed to be harmful to some organisms—that is the purpose of their existence. We will make sure that all those health and safety criteria are put in place and that those operating with the chemicals are legally obliged to use the correct equipment.

I hope that colleagues will support the regulations and extend and reinstate the current arrangements. We can do that safely for the benefit of our food producers and the environment. I commend the regulations to the Committee.

Question put and agreed to.

Legislation on Dangerous Dogs

Mark Spencer Excerpts

Monday 27th November 2023 Westminster Hall

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

It is a pleasure to serve under your chairmanship, Mr Gray. I am responding on behalf of Lord Benyon, the Minister responsible, who sits in another place.

We have seen the House at its very best today. We have had an informed debate in which a series of Members have wrestled with the challenge the Government faces of keeping people safe in our communities while at the same time making sure we do not affect people’s much loved pets. The debate was informed and enriched, not least by the former Secretary of State for Environment, Food and Rural Affairs, my right hon. Friend the Member for Suffolk Coastal (Dr Coffey), who added a great deal to the debate with her presence, and by the Chairman of the Environment, Food and Rural Affairs Committee, my right hon. Friend the Member for Scarborough and Whitby (Sir Robert Goodwill), who has done a lot of work in this area. I knew when I saw my hon. Friend the Member for Southend West (Anna Firth) that I was about to be challenged on dog-on-dog attacks, as she is a tenacious campaigner. I know her constituent Michael will be very pleased to see her in her place representing poor old Millie, who suffered terribly in a dog-on-dog attack. I pay tribute to her for the work she does. We have had some great contributions.

We should stop and pause, as my hon. Friend the Member for Don Valley (Nick Fletcher) did at the start of the debate, to recognise that dog attacks can have horrific consequences. The Government take that very seriously indeed. Sadly, we have seen an increase in serious and fatal dog attacks in recent years. The XL bully breed-type appears to have been disproportionately involved in that rise in attacks. That is why we have taken decisive action to ban the XL bully breed-type, to attempt to keep our communities safe. From 1 February 2024, it will be illegal for someone to be in possession of an XL bully breed-type unless they have a certificate of exemption.

We recognise the strength of feeling on breed-specific legislation, and that some people are opposed to the prohibition of specific breed-types. However, the Government must balance those views with our responsibility to protect public safety. We remain concerned that lifting any restrictions may result in more dog attacks. Therefore, there are no plans to repeal the breed-specific provisions in the Dangerous Dogs Act 1991.

Police and local authorities already have a range of powers available to them to tackle dangerous dogs and irresponsible dog ownership across all breeds of dog. Those powers range from lower level community protection notices, which require dog owners to take appropriate action to address behaviour, to more serious offences under the 1991 Act, whereby people can be put in prison for up to 14 years or disqualified from ownership, or dangerous dogs can be euthanised. We are working closely with enforcers to make sure that the full force of the law is applied to incidents involving all breeds of dog.

Of course, we know that dog attacks are complex and that there is no single silver bullet. That is why, alongside the ban, we are taking a multi-factoral approach to reducing dog attacks through our responsible dog ownership taskforce. The taskforce is considering the role of education and training for both dogs and their owners, and how we can improve data collection, recording and enforcement practices. We expect the taskforce to make its final recommendations very soon. In the meantime, DEFRA officials have been collaborating with the police and local authorities to deliver sessions to share best practice in preventive dog control enforcement and to encourage multi-agency working. We have been co-ordinating communications—for example, we can co-ordinate communication pushes with key partners, so that families are equipped with practical tips about how to enjoy spending time safely with dogs. This messaging has been widely disseminated to parents, health visitors, school nurses, safeguarding professionals, police forces and local authorities.

More widely, we are actively considering whether action is required to further protect dogs in breeding settings. As part of that work, we are reviewing the regulations for anyone in the business of breeding and selling dogs, and we have commissioned a report from the Animal Welfare Committee on the welfare implications of specialised canine reproductive practices.

I hope that colleagues are reassured that the Government are taking this issue very seriously and that this wide-ranging action is necessary to ensure continued public safety. I look forward to discussing the conclusions of the responsible dog ownership taskforce in due course. I wish to put on the record my thanks to everyone who has contributed to the debate today.

[Sir Christopher Chope]

Will my right hon. Friend the Minister facilitate a debate on the statutory instrument, which is obviously of great concern to many Members of Parliament and even more so to our constituents, before it comes into force on 31 December?

--- Later in debate ---

[Mark Spencer]

I thank my hon. Friend for that intervention. Of course he will be fully aware that it is for parliamentary business managers to arrange such debates, but I will certainly have a conversation with those business managers following this debate. However, I think the House is now more informed, thanks to this debate, and I thank Members from all parties for their constructive contributions to it.

Oral Answers to Questions

Mark Spencer Excerpts

Thursday 19th October 2023 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

4. What steps she is taking to support a healthy and sustainable food system.

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

The Government’s food strategy set out longer-term measures to support a resilient, healthier and more sustainable food and farming system. In May, the Prime Minister’s farm to fork summit built on that with a focus on how we can work together to support a thriving UK food and farming industry. The summit focused on innovation, skills and labour, and on rolling out the new farming schemes to ensure fairness across the supply chain to boost exports and support energy and water security, as well as to reduce red tape.

[Kerry McCarthy]

Every year, post-farm gate, 9.5 million tonnes of food that could have provided more than 15 billion perfectly edible meals is wasted. That also has a massive carbon footprint. Given that DEFRA’s impact assessment concluded that mandatory food waste reporting would result in

“financial benefits to business and significant environmental benefits”

and is backed by many retailers, including Tesco, why have the Government dropped their plans?

[Mark Spencer]

We are working closely with retailers to try to reduce food waste and will continue to do that. The hon. Member will recognise that a vast amount of food waste occurs within the domestic home, and we can do more to help and support consumers to make the most of the food they purchase. We will continue to work with primary producers, retailers and consumers to reduce food waste wherever we can.

[Sir Desmond Swayne (New Forest West) (Con)]

Sustainability is top of our agenda in the New Forest, and the national park authority is keen to discuss opportunities for it with the Minister. I have sent him an invitation—will he come?

[Mark Spencer]

I am excited to have an opportunity to visit the New Forest. As soon as my diary allows, I will hot-foot it down there to meet my right hon. Friend.

[Mr Speaker]

I call the shadow Minister.

[Mark Spencer]

The gentleman at the top of Government —the Prime Minister—has been absolutely clear and explicit that we will not accept hormone-produced beef at any point in the future, nor will we accept chlorinated chicken. He has the backing and support of British farmers, and he will do everything he can to help and support them.

[Tom Randall (Gedling) (Con)]

5. What steps her Department is taking to require water companies to help reduce water pollution and unsatisfactory overflows.

--- Later in debate ---

[Sally-Ann Hart (Hastings and Rye) (Con)]

6. What steps she is taking to support fishing communities.

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

The Government are supporting communities by opening new fisheries for spurdog and bluefin tuna, accelerating action to protect valuable non-quota stocks through the first fisheries management plans, and protecting stocks by better controlling fly-seiners, and we have brought about increased benefit through reform of the economic link.

[Sally-Ann Hart]

Off the coast of beautiful Hastings and Rye, fishermen are suffering the impact on their fishing of a growing seal colony. Due to the nature of the fishing—small boats leave their nets in the water—sound systems to deter seals are not appropriate. What steps is the Minister taking to ensure that the presence of seals does not result in the decimation of our fishing communities, let alone the fish?

[Mark Spencer]

I pay tribute to my hon. Friend, who is a tenacious campaigner for her fishing community. We are working alongside the Marine Management Organisation to assess non-lethal seal deterrent options to keep seals away from fishing catches, and we will publish an evidenced report on targeted acoustic startle technology later this year. We are also considering the next steps, including for net fisheries, under our Clean Catch programme. The special committee on seals provides formal scientific advice to the Government on behalf of the Natural Environment Research Council on the management of seal populations under the Conservation of Seals Act 1970 and the Marine (Scotland) Act 2010. Its reports include seal population data based on extensive regional surveys and form the foundation for monitoring our UK marine strategy.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I wonder whether the Minister has seen the video footage that is doing the rounds of the recent incident involving the Spanish longliner Antonio Maria trying to ram the Shetland whitefish boat Defiant; in fact, it put out a rope to foul its propeller. The footage is truly shocking, but the real scandal is that this is not the first time it has happened; it is at least the third documented incident in recent times. This will keep happening unless something is done to stop it, so will the Minister speak to his colleagues in the Department for Transport and the Foreign Office to make sure that France, as the flag state with enforcement powers in this case, takes its responsibility seriously?

[Mark Spencer]

I have seen that footage. It is truly shocking. This was a deliberate act to try to sabotage a UK fishing boat. It was outrageous behaviour. As the right hon. Gentleman identifies, enforcement is difficult, because the incident involved a Spanish boat under a French flag, but given the seriousness of the event I will most certainly raise it with my ministerial colleagues.

[Christine Jardine (Edinburgh West) (LD)]

7. What steps her Department is taking to support community farming projects.

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

We welcome community farms in England, because they give local communities a chance to become involved in the countryside. Like any other farm, they may be eligible for a variety of grants enabling smaller farms to be supported more fairly. We have introduced a sustainable farming incentive management payment, and we have also extended the farming in protected landscapes fund until March 2025. The fund is open to farmers in national parks and areas of outstanding natural beauty, allowing them to deliver projects to support nature, climate, people and places.

[Christine Jardine]

Figures from a social return on investment study show that every £1 invested in a community farm is worth £9 of community benefits through food production, new skills and community resources. In my constituency, for instance, Lauriston Farm is investing in a community orchard and gardens, outdoor learning and a community kitchen to help people pick up new skills and produce affordable food. Does the Minister agree that in a cost of living crisis it is critically important for people to have access to such facilities, and that more needs to be done to help small community projects to maximise their potential?

[Mark Spencer]

I pay tribute to those who are involved in that community project. As the hon. Lady will know, agriculture is devolved to the Scottish Government, and I hope they will use some of the £620 million a year that they are given to support Scottish farmers. I am sure she will be a tenacious campaigner in holding the SNP Government to account.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

8. What steps her Department is taking to protect rural communities in flood-risk areas.

--- Later in debate ---

[Hannah Bardell (Livingston) (SNP)]

11. What recent assessment she has made of the impact of inflation on the affordability of food.

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

In September 2023, the consumer price index was at 12.2%, down from 14.8% in July. Industry analysis expects that food price inflation will continue to decrease over the remainder of 2023. The Government are providing an average of £3,300 per household to support them with the cost of living this year and next.

[Hannah Bardell]

The West Lothian food bank in my Livingston constituency does an incredible job, just like food banks across the UK, but the reality is that it should not even have to exist. Folk are struggling more than ever, which is why the SNP has called on the UK Government to control supermarket price gouging, amid record profiteering, by introducing a price cap on staples such as bread and milk. Will the Minister help all our constituents by getting on with doing that?

[Mark Spencer]

If the hon. Lady compares the price of a shopping basket around Europe with the price here in the UK, she will see that the free market is doing a lot of work to suppress food inflation. We have a cheaper food basket than they have in France and Germany. She is, in effect, advocating communism. She should look at how that works around the world. Controlling those markets does not work.

[Mr Speaker]

I call the SNP spokesperson.

[Steven Bonnar (Coatbridge, Chryston and Bellshill) (SNP)]

Prior to the Westminster crisis that has been inflicted on us all by the Tory party, a loaf of wholemeal bread cost £1.01. Even after a slight drop in food prices, the price is now 20% higher. We know the farmers are not benefiting from these price increases. The price of milk in supermarkets today is almost twice what we pay the farmers for their product. Why will the Government and the Secretary of State not consider price caps to stop the supermarkets profiteering and to help ensure that basic essentials are not beyond the reach of many people?

[Mark Spencer]

We have done an enormous amount of work in this area to help to support primary producers and farmers. We will legislate in the dairy sector to help to make sure those contracts are fair, and to make sure we have fairness across the supply chain. The hon. Gentleman is advocating the control of market prices, which would have exactly the opposite effect of what he wants to achieve. It would drive up prices across the country, and we would end up in a far worse place.

[Mr Philip Hollobone (Kettering) (Con)]

T1. If she will make a statement on her departmental responsibilities.

--- Later in debate ---

[Dan Jarvis (Barnsley Central) (Lab)]

Will the Minister give an update on work that is taking place to alleviate the impact of avian influenza?

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

Work is ongoing on avian influenza. The hon. Gentleman will be aware that we have suffered two years of catastrophic effects of that disease. Animal and Plant Health Agency vets are working round the clock with primary producers to protect their flocks. I do not want to jinx myself, but at the moment we are making good progress. We will continue to work hard with the sector to protect it and ourselves from that terrible disease.

[Kit Malthouse (North West Hampshire) (Con)]

As the Secretary of State knows, my constituency is chalk stream central, with the headwaters of the celebrated River Test, the Bourne rivulet and the River Anton, which runs through Andover. What can the Government tell me to reassure my constituents that the unique ecology of chalk streams is uppermost in their mind as they work to enhance our rivers across the country?

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

Some of the finest seed potatoes are grown in the north of Scotland. Right now, the seed potato farmers are worried sick, because a lot of their crop is below water. That also poses a question mark over the supply of seed for next year. I know that this matter is devolved, but as the Minister is a farmer will he put the maximum encouragement in the direction of the Scottish Government to please help the farmers?

[Mark Spencer]

The hon. Gentleman has done that with his question. I do not diminish the effect that the rain is having on the seed potato crop; once seed potato is under water for more than a week it will probably be destroyed. Scottish seed potatoes are some of the finest seed produced anywhere in the world and I encourage him to seek contact with the Scottish Government to get them to help.

[Mark Eastwood (Dewsbury) (Con)]

Kirklees Council is looking to invest in its food waste recycling strategy, in line with the Environment Act 2021, but it is still waiting for full clarification and details that support that legislation. Will the Minister advise as to when that will be sent to councils?

Border Target Operating Model: Food and Biosecurity

Mark Spencer Excerpts

Wednesday 13th September 2023 Westminster Hall

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

It is a pleasure to serve under your chairmanship, Mr Davies. I thank my hon. Friend the Member for Dover (Mrs Elphicke) for securing a debate on this important topic, and I thank all colleagues who have come along. I join her in paying tribute to the team at Dover, who do so much to protect our borders and who work hard on our behalf.

The recently published border target operating model is a very important milestone for the UK, reflecting a long period of intense work across Government, and I am pleased to have the opportunity to speak about it today. Introducing biosecurity controls on imports is not optional. They are critical to protecting us from harmful diseases such as African swine fever, but they are also essential to protect our international trading interests; our trading partners want to be reassured that we maintain the highest biosecurity standards. The overall ambition of the BTOM is to introduce robust controls that protect biosecurity while reducing administrative and cost burdens for importers.

Following our departure from the EU, it was for us to establish a controls regime that worked for us. That is set out in the BTOM, published on 29 August. We issued a draft BTOM in April 2023 for the purposes of consultation with stakeholders. During that period, we had about 10,000 participants at multiple stakeholder events, received over 200 written responses through our online portal, and had over 650 detailed responses at focused sessions with food retailers, producers, the logistics sector and many others. We have listened to that feedback and have adapted the model accordingly. To give businesses more time to prepare, which their feedback made clear was important for them, we have moved back by three months the phased introduction of controls.

The new controls will be introduced as follows: on 31 January 2024, health certification will be introduced for imports of medium-risk animal products, plants, plant products, and high-risk food and feed of non-animal origin from the EU.

[Carla Lockhart (Upper Bann) (DUP)]

I would like some clarity. Let us imagine I have had a career change and am bringing a lorryload of qualifying Northern Ireland goods from Northern Ireland to GB. Under the new model, will I be free to drive off the ferry and proceed on my onward journey without being stopped?

[Mark Spencer]

Being stopped in Northern Ireland, as you are crossing the Irish sea?

[Carla Lockhart]

Going from Northern Ireland to GB.

[Mark Spencer]

The Windsor framework sets out the criteria for trade between GB and Northern Ireland. We are keen to facilitate that border and to work with businesses in Northern Ireland. We want Northern Ireland to feel very much part of the United Kingdom, as I know the hon. Lady does, which is why we are trying to make sure that that trading operation flows as freely as possible.

[Sammy Wilson (East Antrim) (DUP)]

I think the Minister may have misunderstood the question. It is not about GB to Northern Ireland. Now that the border control model is going to refer to goods going into GB, will there be any checks on Northern Ireland qualifying goods going from Northern Ireland into GB—or, as my hon. Friend the Member for Upper Bann (Carla Lockhart) asked, will people be free to drive through without any checks at all?

[Mark Spencer]

I am not quite sure that I fully understand. Is the right hon. Gentleman talking about trade coming from Northern Ireland to the European Union?

[Sammy Wilson]

No, to GB.

--- Later in debate ---

[Mark Spencer]

Let me take another intervention and let the right hon. Gentleman try to explain the question again.

[Sammy Wilson]

We are talking about trade from Northern Ireland into GB—trade that the Government have said will be totally unfettered. Since the border operating model will require goods going into GB to have checks, the question is: will Northern Ireland goods then be subject to checks going into GB?

[Mark Spencer]

My apologies; I now understand the question that the right hon. Gentleman is asking. The TOM does not change controls on qualifying Northern Ireland goods. They will still benefit from completely unfettered access. It should not affect that at all.

Let me just return to what we are doing on the new controls.

[Sammy Wilson]

Will the Minister give way?

[Mark Spencer]

I will take another intervention, but I do want to respond to my hon. Friend the Member for Dover.

[Sammy Wilson]

There will be goods travelling from the Irish Republic via Northern Ireland—through the port of Larne or through Belfast—into Cairnryan. How will a distinction be made between loads of Northern Ireland qualifying goods and goods coming, for example, from the Irish Republic, which is part of the EU, through Northern Ireland and into GB? What criteria will be put in place to ensure that those goods are checked but Northern Ireland ones are not?

[Mark Spencer]

I am very conscious that this is a debate about the Dover straits, and I do not want to be diverted into a debate about the Windsor framework, but I understand the right hon. Gentleman’s passion on the topic. We are setting out how the Windsor framework will operate in the future; as I have said to him, we are very keen to ensure that trade is as free as possible between Northern Ireland and the rest of GB.

Let me return to the controls that we are introducing. On 31 January, we are introducing health certification on imports of medium-risk animal products, plants, plant products, and high-risk food and feed of non-animal origin from the EU. On 30 April 2024, we will introduce the documentary and risk-based identity and physical checks on medium-risk animal products, plants, plant products, and high-risk food and feed of non-animal origin from the EU. We will also begin to simplify imports from non-EU countries. On 31 October 2024, the requirement for safety and security declarations for imports into Great Britain from the EU or from other territories will come into force. Alongside that, we will introduce a reduced dataset for imports, and use of the UK single trade window will remove duplication.

In response to the feedback on the draft TOM, we have also improved the trusted trader offer for animal products, designed a new certification logistics pilot to support movements of goods from hubs in the EU, and provided further information on how we will support importers using groupage models to move sanitary and phytosanitary goods into the UK.

We are confident that the decision to move controls back by three months achieves the right balance between supporting business readiness ahead of the introduction of the controls and mitigating biosecurity risk to the UK. In the meantime, DEFRA has implemented controls on the highest-risk imports of live animals and plants from the EU. We will continue to support and fund port health authorities to manage UK biosecurity, including controls to protect against African swine fever.

As was promised when we published the UK 2025 border strategy in 2020, the TOM introduces a range of technological advances to ensure a fully 21st-century border that facilitates UK trade. The development of a single trade window will make the process for importing to the UK simpler and more streamlined, enabling importers to meet their border obligations by submitting information only once.

Let me turn to the facilities in Kent. To implement the SPS controls regime, we need the right infrastructure, particularly in Kent, where the port of Dover and the Eurotunnel are the main points of entry for the majority of EU SPS imports. Further to the publication of the TOM, and based on data gathered, the Government are reviewing our BCP needs in Kent and reviewing whether two inland BCPs—one at Sevington and one at Bastion Point—are needed to serve the volume of SPS goods transiting the port of Dover and the Eurotunnel. As the infrastructure was constructed for a previous border model, which required more intensive checks, it is only right that the Government review the operating arrangements to ensure that they are proportionate to our needs and are cost-effective for traders using the short straits.

I am grateful to my hon. Friend the Member for Dover for sharing her views on the matter in such a forceful way. She is a passionate advocate for her constituency, which is important to the UK’s security. As she knows, we will be in touch shortly with a decision on this important matter. I thank her again for securing the debate, and I thank all colleagues who have participated.

[Dominic Raab]

My right hon. Friend is making an important speech about the new regime, and much of it is welcome. He has made the point that pests and disease do enormous harm to crops. Maize crops can suffer losses of up to a fifth from any outbreak of pests or disease. I would be interested to know a bit more about what the Government will do on surveillance, because that is the most important way of preventing diseases from coming into the UK in the first place.

[Mark Spencer]

My right hon. Friend raises an important point: we need to make sure that we are using surveillance. As he will be aware, it is often best not to talk too publicly about the methods we use to protect our borders and detect diseases, but I can give him an assurance that we take the issue very seriously. We use intelligence to detect where the risks will be, but we also have robust regimes in place to make sure that we can pick things up as they come into the country.

As my hon. Friend the Member for Penrith and The Border (Dr Hudson) mentioned, African swine fever is moving across Europe. It is vital for our pig sector that we protect ourselves from the disease entering the UK, which is why we are introducing robust regimes to make sure that we protect our border, back our farmers and back our food production system. Working together, that is what we will do, moving forward.

[Dr Hudson]

Does the Minister agree that if we get a fully operational border target model, it will not only protect the nation’s biosecurity, but help to unearth the illicit movement of animals in and out of the country? That includes puppy smuggling, the smuggling of heavily pregnant dogs and those that have had their ears horrifically cropped, and horses being illegally exported to Europe for slaughter. Can he reassure me that the new model will help to stamp out some of those practices?

[Mark Spencer]

Those are all things that we want to achieve. The way to do so is by having a very efficient border point where we can check things, deter criminal activity—let us be clear that some of this stuff is criminal activity—and prevent inadvertent infection through diseases and pests at the same time.

We have had a really productive debate. Once again, I put on the record my thanks to the team at Dover for keeping us secure, and to my hon. Friend the Member for Dover for her support.

Question put and agreed to.

Draft Windsor Framework (Enforcement etc.) Regulations 2023

Mark Spencer Excerpts

Monday 11th September 2023 General Committees

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

I beg to move,

That the Committee has considered the draft Windsor Framework (Enforcement etc.) Regulations 2023.

The draft regulations were laid before the House on 4 September. Their purpose is to implement arrangements agreed under the Windsor framework, which, as hon. Members will be aware, was announced by the Government in February this year.

The prospect of full implementation of the original Northern Ireland protocol met with some challenge from businesses and communities in Northern Ireland. Despite a range of grace periods being in place, the protocol has already led to significant disruption in the links between Great Britain and Northern Ireland. The central purpose of the draft regulations is to put in place essential arrangements that were agreed in the Windsor framework to address that.

The measures fundamentally recast the old Northern Ireland protocol to restore the smooth flow of trade in the UK internal market, safeguard Northern Ireland’s place in the Union and address any concerns over any democratic deficit. Importantly, the draft regulations do not establish those arrangements themselves, but provide Northern Irish authorities with powers required as a consequence of those arrangements. That will ensure their proper functioning and guarantee protection for Northern Irish consumers, in line with that in the rest of the United Kingdom.

To enable the flow of trade once again, we are introducing new regimes for the movement of goods between Great Britain and Northern Ireland. First, the Northern Ireland retail movement scheme establishes a new, sustainable, long-term legal framework for trade in retail agrifood goods between Great Britain and Northern Ireland. The new scheme will allow traders moving agrifood goods destined for the final consumer in Northern Ireland to benefit from a unique set of arrangements.

The arrangements enable consignments to move on the basis of a single certificate, without routine physical checks, and on the basis of Great British—not EU—public health, marketing and organic standards, as well as catch documentation requirements for certain species of fish. Indeed, the Windsor framework secures the disaggregation of over 60 EU regulations on goods moving to Northern Ireland via the scheme. The application of GB standards to those goods ensures a common approach across the United Kingdom. The scheme will be available to all such traders, including retailers, wholesalers, caterers and those providing food to public institutions such as schools and hospitals.

Secondly, the Northern Ireland plant health label regime will remove the requirement on plants for planting and used farming or forestry machinery to be accompanied by expensive phytosanitary certificates, which cost businesses around £150 per movement. Instead, operators will be able to register and become authorised to issue an attachable Northern Ireland plant health label for goods moving from Great Britain to Northern Ireland. That will help to significantly reduce the cost for businesses that move such goods to Northern Ireland. The Northern Ireland plant health label is based on the existing UK plant passport regime, which controls plant health in the rest of the UK and ensures freedom from pests. Previously banned seed potatoes will once again be available in Northern Ireland from other parts of the UK. They will also move under the Northern Ireland plant health label scheme.

The draft regulations will allow for the significant, pragmatic and proportionate enforcement of key elements in these new schemes. First, as agrifoods entering Northern Ireland under the Northern Ireland retail movement scheme can now meet the same public health, marketing and organic standards that apply elsewhere in the UK, relevant bodies in Northern Ireland need the powers to ensure compliance with those standards. The draft regulations ensure that existing Northern Ireland powers can be used in respect of goods that move under the scheme, including the ability to remove non-compliant goods from sale and act against non-compliant businesses. Such powers are already in place in Northern Ireland in respect of EU standards; as such, the regulations do not represent a widening of enforcement powers or additional responsibility for business. Importantly, though, they will ensure the continued protection of public health, consumers’ interests and food safety in Northern Ireland, guaranteeing that consumers in Northern Ireland will benefit from the same high food safety standards and equivalent protections as consumers in the rest of the UK.

Secondly, the draft regulations provide the necessary enforcement powers to ensure compliance with the Northern Ireland plant health label regime, in line with what already exists for the UK plant passport regime in the rest of the UK. They affect only businesses that make use of the regime and are no more burdensome than they are for British businesses operating within the plant passport regime. They will ensure that authorities in Great Britain and Northern Ireland will be able to manage non-compliance with the Northern Ireland plant health label regime proportionately, using the existing domestic plant health enforcement regime.

The measures are intended not to burden lawful traders but to create an equitable ground for business and protect the interests of consumers in Great Britain and Northern Ireland. As we would expect, the measures will have no impact on traders who abide by the relevant Great British standards for agrifood and the terms and conditions of the Northern Ireland plant health label scheme.

As we move forward with the Windsor framework, let us not forget its profound implications for trade and the economy. The framework is an innovative solution that removes the Irish sea border for goods remaining in the UK and provides a stable legal foundation for trade, allowing everyday goods to move easily while adhering to the highest standards and protecting biosecurity on the island of Ireland. The new arrangements will ensure that consumers in Northern Ireland can access goods available across all parts of the UK and that they are protected by the same high standards as consumers elsewhere in the UK.

I hope I have assured all Committee members about the purposes and aims of this statutory instrument. It is a crucial part of the Windsor framework, which the Government announced earlier this year. I am sure that we all agree that this is a positive step for business and consumers. As we take this positive step forward, let us remember that the framework is about not just trade, but securing a brighter future for all. I am grateful for Committee members’ attention. I look forward to a short debate and then moving forward.

--- Later in debate ---

[Mark Spencer]

I am conscious that this is quite a specific debate about the enforcement of the regulations in Northern Ireland. It is tempting to wade into reliving the debate with the EU and the Brexit debate, and to get into topics that are much wider than the SI we are debating . I will resist temptation and try to stick to the SI.

I will try to address the specific questions asked by the right hon. Member for Leeds Central. On his first question, about paragraph 7.4 in the explanatory memorandum, he was quite specific about wording that may appear in legalese to be somewhat confusing. I will try to clarify that as best I can. The first sentence refers to the effect of the EU regulation; the second refers to the situation after the SI steps in to ensure that GB standards can be applied in Northern Ireland to goods that move under the retail movement scheme—if that makes sense. I am more than happy to correspond with him afterwards to try to clarify the position.

The enforcement in Northern Ireland of the retail movement scheme is set out in the Windsor Framework (Retail Movement Scheme) Regulations 2023. The enforcement tools available include suspension or removal from the scheme. However, the relevant competent authorities will take a pragmatic approach to enforcement in the first instance as we work towards maximising compliance with similar domestic schemes. I hope that we will see the compliance and flexibility requested by the right hon. Gentleman.

I did not have time to write down all those trees that the right hon. Gentleman listed, but I will try to deal with his concern. The EU’s risk assessment process for the movement of so-called high-risk trees will also be expedited. Once approved, they will move from GB to Northern Ireland with the Northern Ireland plant label. The 11 most commercially important GB-native and other industry-prioritised trees will be expedited so that they can move in time for the main 2023 planting season. That includes important GB-native trees such as English oak, sycamore, beech and the many others that he mentioned.

[Hilary Benn]

The Minister has made an extremely helpful point, but did he also say that the trees would be ready in time for the 2023 planting season?

[Mark Spencer]

Yes.

[Hilary Benn]

We are in 2023, so can I take it that the expediting process for the assessment will happen in very, very short order?

[Mark Spencer]

We are very keen to expedite this as quickly as possible. Obviously, no one will be planting a tree at this moment in time and we will then move into winter. I will clarify in writing exactly when we hope to have this in place, but we are conscious that we do not want barriers. We want to allow free market movement of goods wherever possible.

I turn to my friend from Northern Ireland, the right hon. Member for East Antrim. I understand his passion and his commitment to Northern Ireland, and we share many of his ambitions. Of course we want Northern Ireland to remain part of the United Kingdom, but in creating the Windsor framework, we are trying to address the challenges that were brought forward through the protocol. He criticises us for not consulting Northern Ireland and those who are affected, but of course there is huge pressure to try to solve this challenge. I know that he would be one of those voices—indeed he was—saying, “Let’s try and overcome the challenges that we face in the protocol.” These are the solutions that we have brought forward and we are trying to expedite those solutions as quickly as possible.

The Windsor framework achieves a long-standing UK Government objective of restoring the smooth flow in trade within the UK internal market. By pursuing a green lane for the movement of goods from GB to Northern Ireland, supporting Northern Ireland’s place in the UK, it restores that smooth flow of trade within the internal market by removing some of those unnecessary burdens that disrupted east-west trade.

[Sammy Wilson]

When one thinks of smooth trade, one thinks of a lorry leaving here in London and going up to Scotland or Wales: it does not get stopped; it does not need to have labels on the goods; the final destination of the goods does not need to be known; it does not need a trusted trader arrangement for the people involved; and it does not need export papers. How can the Minister claim, when all that has to be in place for goods going to Northern Ireland that are purely for consumption in Northern Ireland, that that can be regarded as smooth trade? It would not be regarded as smooth trade if people had to do it in GB.

[Mark Spencer]

Again, I hesitate to wade in, because such matters are often way above my pay grade. However, we have to recognise that there are a number of challenges, not least of which are that we have to respect the Good Friday agreement and we have to respect the phytosanitary integrity of the island of Ireland. That is why we are devising these processes to try to expedite and ease that trade as much as possible while respecting all those other challenges that we face as a Government. We need the regulations so that we continue trade with Northern Ireland.

[Sammy Wilson]

I appreciate the Minister’s point about safeguarding the Northern Ireland market and making sure that goods are compliant, including with UK law. However, he was the one who emphasised this point in his speech, and it is also emphasised in the explanatory memorandum, so could he explain to me what dangers the UK Government see in goods going from GB into Northern Ireland that could harm Northern Ireland consumers? Is there a volume of goods, and what sectors of the economy are those goods coming from, that require these kinds of checks because he and his explanatory memorandum have emphasised that this is one of the main reasons for the checks?

[Mark Spencer]

I am grateful for the right hon. Gentleman’s intervention, but this is about the phytosanitary protection of the island of Ireland. Of course, we have obligations to try to mitigate the spread of any diseases in the United Kingdom. For example, we have measures in place with the Welsh Government, and we have operations that will restrict movement of plants across the United Kingdom to protect other parts of the UK from the spread of disease. It will be similar to moving an infected tree from London to Edinburgh, or from London to Shropshire. We need measures in place to ensure that we do not unwittingly spread disease around the United Kingdom.

The right hon. Member for Leeds Central asked a specific question about titanium dioxide. I will do my best to answer him, but I am more than happy to write to him if he does not feel my answer is adequate. The regulations mean that food items containing titanium dioxide, which is now banned in the EU, can lawfully be sent for sale to consumers in Northern Ireland. Under the Windsor framework, more 60 pieces of EU legislation have been disapplied on retail agrifood goods moving from Great Britain to Northern Ireland under the Northern Ireland retail movement scheme. GB standards will apply instead. That food additive remains authorised for use in Great Britain, so prepacked agrifood goods with this additive may be moved from GB to Northern Ireland under the Northern Ireland retail movement scheme for supply to Northern Ireland consumers. That is consistent with a UK market.

[Hilary Benn]

I am grateful for that clarification—I understood that that was the case—but does it not illustrate a point that the right hon. Member for East Antrim made? I would have thought that he would welcome what is in the regulations because under the Northern Ireland protocol—this was why I raised the example—cake and ice cream containing titanium dioxide would not have been able to move from Great Britain to Northern Ireland. It would have been banned because EU regulations applied. Now, because GB standards apply, which are GB-UK standards, it can move. Does that not demonstrate how this position represents an improvement on the mess with which we grappled previously?

[Mark Spencer]

I agree with the right hon. Gentleman: it protects the UK internal market, which we are very keen to do. I know that the right hon. Member for East Antrim is also keen to protect that. This is a good example of how things are working.

We have taken a lot of time this afternoon, so I would like to remind members of the Committee of the two critical components of the Windsor framework in the regulations. They will implement the Northern Ireland retail movement scheme, which will establish the new sustainable long-term solution for the movement of agrifood goods from Great Britain to Northern Ireland to the final consumer. Secondly, the Northern Ireland plant health label regime will significantly reduce costs for businesses moving plants to Northern Ireland, putting the process in line with the rest of the UK under the UK plant passport regime. Previously banned seed potatoes will once again be available in Northern Ireland, which is good news for our farms in Northern Ireland and for our Scottish farmers who export top-quality seed potatoes around the UK. This is a big step forward.

Let us not lose sight of the greater narrative. The statutory instrument is part of a wider framework that echoes our resolve to shape a brighter future for Northern Ireland and stands firmly on the pillars of economic prosperity and democratic values. I thank hon. Members for their engagement and questions.

Question put.

Draft Agriculture and Horticulture Development Board (Amendment) Order 2023

Mark Spencer Excerpts

Wednesday 19th July 2023 General Committees

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

I beg to move,

That the Committee has considered the draft Agriculture and Horticulture Development Board (Amendment) Order 2023.

It is a pleasure to serve under your chairmanship, Sir Robert. I will start by declaring my farming interests as set out in the Register of Members’ Financial Interests.

The draft statutory instrument delivers a package of modernising financial and operational improvements to the Agriculture and Horticulture Development Board. I will highlight some of the fantastic work that the AHDB does: it invests about £42 million each year in a range of levy-funded services for farmers and others in the agrifood chain, including applied research, knowledge exchange, market intelligence and analysis, marketing and consumer education, and working with the industry and Government to establish new export markets.

The draft instrument modernises the Agriculture and Horticulture Development Board Order 2008 so that it can continue to deliver those important services efficiently and effectively. It will allow more agricultural services to access the AHDB’s services in future. It will deliver flexibility for sectors including poultry, wine and related agrifood chain industries such as supermarkets to work with the AHDB where they wish to. Any activities that the AHDB undertakes through this expanded scope will be funded by those industries in accordance with article 8 of the AHDB order, which enables the AHDB to charge for services. That will not involve a statutory levy.

The draft instrument delivers changes to help the AHDB reduce administration costs and to operate more efficiently. It will put in place a more efficient process for ministerial approval of levy rates, so that in future approval must be sought when changes are being proposed, rather than bureaucratic annual approval by default when nothing is changing. It will also enable the AHDB to deliver a temporary zero-rated levy if there is financial pressure within the sector due to exceptional circumstances such as a disease outbreak or a market crash.

The draft instrument will also deliver important modernising changes to outdated levy deduction provisions. Those provisions enable third-party levy collectors to deduct a percentage of the levy that they collect to cover any admin costs. However, Members will be aware that modern automated financial systems have significantly reduced the admin costs of collecting such a levy, so we want a more flexible provision to be implemented. The instrument leaves the levy deduction rate open to be reviewed and agreed between third-party levy collectors and the AHDB, rather than being set in statute at a specific rate. It can be much more flexible moving forward. This will deliver better value for money for levy payers, and more of the levy income collected will be returned to the AHDB to invest in delivering the services that we spoke about previously.

A further important update to the AHDB order concerns the maximum levy rate allowed for the sheep sector. The levy rate for the sheep sector has been at the maximum allowable rate for more than 10 years—we are going to raise the maximum ceiling for each sheep category by 25% to provide headroom within the AHDB to consult the industry further on the appropriate levy rate to maintain the services that they receive from the AHDB in the future. The new ceiling per head of sheep will be 75p for producers, and 25p for slaughterers and exporters. The Government consultation on that reform showed that key industry organisations such as the National Sheep Association and the National Farmers Union are supportive of raising the sheep levy ceiling. The AHDB will undertake further consultations with the industry on future options for changing those levy rates.

Finally, the draft instrument delivers some smaller changes to modernise the AHDB order so that it is up to date with current practices on invoicing, reflects consolidation of the pig sector, and is in line with Cabinet Office guidance on public appointments of board members.

[Hilary Benn (Leeds Central) (Lab)]

On the amendment of article 12, which deals with who can vote, the measure will replace

“Any person who keeps pigs in England”

with

“Any person who pays the producer levy related to pigs”

I assume that that means that the number of people who will be able to vote is reduced, as there are some people who keep pigs who do not pay the producer levy. Is that correct?

[Mark Spencer]

That is correct, but we are talking about people who have pet pigs in their garden. They will pay a levy if they choose to slaughter their pet pig, but I would think that that is quite unlikely.

In conclusion, these modernising updates to the AHDB regulations will ensure that the AHDB can continue to deliver important services to farmers and others in the agrifood chains efficiently and effectively.

--- Later in debate ---

[Mark Spencer]

I thank the shadow Minister for his comments. I join him in thanking Nick Saphir, as well as Tim Rycroft, who is stepping down as chief exec after two years in the role.

The answer to a lot of the shadow Minister’s questions is transparency; as long as we all know what is happening and can scrutinise what is happening, that will be the answer to a lot of the challenges. Yes, the AHDB will set out governing principles for the new activities. Those principles will be set out in a new AHDB framework document, which will give us the chance to scrutinise them.

I hear the shadow Minister’s valid comments about smaller producers. I declare an interest as a potato farmer who voted not to pay the levy. The motivation behind that, for a lot of smaller producers, was that they did not feel as if they were getting value for money from the levy. I think that that point has been recognised, certainly under Nick Saphir, and the AHDB has learned the lessons of that vote, which is why it is now engaged with levy payers to ensure that it offers good value for money and that levy payers understand what they are getting for their contribution.

I am happy to have a debate about our support for farmers, but I think we have already rehearsed the matter several times at the Dispatch Box. I would be delighted to spend the next hour going over it, but we will probably leave that for another occasion.

I hear the shadow Minister’s comments about ensuring that we link up research sites across the country. We are privileged to have some of the best research organisations anywhere in the world, never mind in Europe. We have to make sure that we join them up so that they are all pulling in the same direction. That may well require co-operation internationally as well as across the UK; as we are all aware, there are massive challenges coming for the world. The National Institute of Agricultural Botany, which is very close to the shadow Minister’s constituency, is a great research institute. Let us make sure that all such organisations are pulling in the same direction and building a great future for us, to keep us all well fed, to protect the environment and to improve biodiversity. That is our shared aim.

Question put and agreed to.

Fisheries Management

Mark Spencer Excerpts

Monday 17th July 2023 Written Statements

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

Today the UK Government are publishing a number of consultations and consultation responses, and announcing funding to use post-Brexit freedoms to support a thriving fishing sector.

Seizing the opportunities of being an independent coastal state, the UK is introducing a world class system of fisheries management which draws on the best available science and the expertise of our fishermen and anglers to ensure that our fish stocks are healthy and sustainable long into the future.

The UK has some of the finest fish stocks in the world. Healthy fish stocks are a vital resource, providing livelihoods, enjoyment, and prosperity to our coastal communities. Since we left the EU, the UK Government have taken important steps for our fishing industry, anglers and marine environment.

As an independent coastal state, we negotiated significant uplifts in fishing opportunities for UK vessels, valued at around £101 million this year. We are investing in the long-term future of the UK fisheries sector through our £100 million UK Seafood Fund, to drive innovation, support job creation, and boost seafood exports to new markets. We introduced the first Fisheries Act for nearly thirty years and published the Joint Fisheries Statement.

In replacing the Common Fisheries Policy with our own domestic policy, we aim to maximise our newfound freedoms to introduce a world class fisheries management system.

Today we take another step in that journey, unveiling proposals for a reform package that will transform how we manage our fisheries. Ensuring a thriving, sustainable industry and healthy marine environment for future generations. These reforms play a crucial role in achieving the goals in our Environmental Improvement Plan and the UK Government Food Strategy as well as levelling up some of our much-loved coastal towns and communities.

This new system will be underpinned by Fisheries Management Plans—blueprints for how best to manage fish stocks—with the first six published today, including bass, king scallops, crab and lobster.

Based on the best available science and experience from fishermen and anglers, FMPs assess the fish stocks, and set out actions to manage them sustainably. The first six draft FMPs and associated environmental reports are being published today for consultation.

We are also consulting on a range of other important changes. These include:

Expanding the use of remote electronic monitoring (REM) in English waters.

Introducing a new approach to managing discards in England.

Establishing a licensed recreational bluefin tuna fishery.

Permanently lifting the quota cap on licences for small vessels in English waters.

We are also awarding £45.6 million to modernise and improve infrastructure across the seafood sector, helping to support around 1,500 jobs and ensure we are using the best science, research, and technology in fisheries management as part of our £100 million UK Seafood Fund.

Finally, we are publishing a response to our consultation on flyseining measures in English waters, noting we will change legislation to make squid fishing more sustainable and will take forward other measures through the FMPs. We will also publish the summary of responses to our consultation on spatial management measures for sandeels. A clear majority of respondents supported a proposal of a full closure of sandeel fishing in English waters of the North Sea.

This package marks a clear departure from the Common Fisheries Policy and will deliver our ambition to build a modern, resilient and profitable fishing industry underpinned by sustainable fish stocks and a healthy marine environment.

[HCWS951]