Exiting the European Union (Consumer Protection)

Matthew Offord Excerpts

Monday 25th February 2019 Commons Chamber

[Dr Coffey]

The costs are still going to be significant for administering our own chemicals system in future, but I can assure my right hon. Friend that the safety standards will be consistent and, indeed, we will continue to learn from ECHA in future. As he will be aware, in the future economic relationship that has been put forward through the political declaration, and in ongoing statements by my right hon. Friend the Prime Minister, we would seek to become an associate member of ECHA in future to share these things in order to try to reduce or mitigate some of the challenges that people like Rolls-Royce are anticipating. But that is not yet an agreed matter, and it is important that the Government set before the House appropriate regulations to make sure that we have that continued safety of chemicals.

Before I explain the provisions further set out in the SI, I want to emphasise that we are absolutely keeping the fundamental approach of REACH, with its aims of ensuring a high level of protection of human health and the environment, as well as enhancing innovation and competitiveness. The building blocks of REACH will all remain: industry’s primary duty to understand the hazards and risks of chemicals and to ensure safe use, all tied to the principle of no data, no market; registration by industry of the chemicals it produces and places on the market; dossier evaluation by the regulator of at least 5% of registration dossiers to check compliance and quality, exactly as ECHA is expected to do today; and substance evaluation, which is investigation by the regulator of outstanding concerns about a chemical often leading to a requirement on industry to fill the knowledge gaps. The UK has been responsible, through ECHA, for making sure that there have been 24 evaluations—for example, of the chemical climbazole, which is used in anti-dandruff shampoos but is suspected of causing feminisation in fish. Then there is the authorisation process that forces industry to apply for and justify continued use of substances of very high concern. Finally, there is restriction of the most dangerous chemicals where unacceptable risks remain.

On the definition of duty holders, article 3 of schedule 1 of the statutory instrument changes the definitions of the various industry duty holders so that they refer to the United Kingdom rather than the European Union. Obviously, this is a simple change, but essential. Without it, UK industry would have no duty to ensure the safe use of the chemicals it produces and uses.

UK REACH will continue with an independent regulatory agency to carry out a central role with a range of technical, scientific and administrative functions—the role that is currently carried out by ECHA. The statutory instrument allocates this role to the Health and Safety Executive under article 2A of schedule 1. The HSE will receive industry’s registrations of chemicals. It will make many technical decisions itself—for example, in dossier and substance evaluations, as well as in scrutinising authorisation applications and making scientific recommendations on restrictions. This builds on the HSE’s existing activities as the UK competent authority for REACH. At the same time, the Environment Agency and the devolved environmental regulators will have the role of providing the advice that the HSE will need on environmental matters, as set out in article 2B of schedule 1.

The HSE, as the UK agency, must also draw on independent expert scientific advice when developing its opinions on restrictions and authorisations. This will add to the robust evidence and analysis underpinning its opinions. We expect the HSE to obtain external advice, but there may sometimes be reasons why it does not feel it needs to do so, such as where ECHA has already published a robust opinion on a chemical. In such cases, where the HSE decides not to take further scientific advice, it must publish its justification, as set out in article 77. Finally, appeals against the HSE’s decisions will be heard by an independent body, the first-tier tribunal, as set out in article 91.

[Dr Matthew Offord (Hendon) (Con)]

The Minister will be aware that I have some concern about the REACH regulations after we leave the European Union, but I am aware that we are talking about the statutory instrument and how it affects the United Kingdom leaving the European Union. She said in response to one of my written parliamentary questions that she wishes to have associate membership of REACH. Although I am not convinced that can actually happen, can she provide me with some kind of reassurance that the Environment Agency currently has the capability to ensure that compliance will continue after we leave the European Union?

[Dr Coffey]

I am conscious of my hon. Friend’s desire to have an ongoing relationship with ECHA. As I have already set out, that is the Government’s desire, too. The Environment Agency is recruiting an extra 10 staff, and the HSE will be taking on an extra 35 to 40 people to help fulfil the functions it already undertakes today. My understanding is that we have estimated the future cost of running UK REACH to be about £13 million a year. By way of comparison, ECHA itself costs about £80 million a year to look after 28 member states. That is why we believe that we are putting in the necessary resource to make sure that the HSE, the EA and, indeed, other regulators are able to play their part.

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[Dr Coffey]

No, I do not need to give way on that point.

One way or another, the Government will have the information they need to ensure that we have a safe system.

As my right hon. Friend the Member for Wokingham (John Redwood) set out, REACH places a registration duty on importers of chemicals. This will be new for companies that import from the EU or the European economic area, as they are currently covered by their supplier’s registration. That is why we are giving them a two-year grace period, which will give them time to adapt and will protect supply chains. In the meantime, they must send information to the agency within 180 days to provide assurance that they know how to manage the chemicals safely—that is set out in proposed new article 127E in schedule 2. We will keep both two-year deadlines, for grandfathering and for downstream user registrations, under review.

[Dr Offord]

rose—

[Mary Creagh]

rose—

[Dr Coffey]

I would like to bring this to a close fairly soon, because I am conscious that some Members have put in to speak, as would normally be the case rather than the Minister taking interventions.

[Dr Offord]

I am grateful to the Minister for taking interventions, which we are seeking to make because we have specific questions on which she can provide us with advice. Is it the Government’s intention, post-Brexit, to update regulations in compliance with REACH to ensure that the two systems work side by side?

[Dr Coffey]

In effect it will be for the HSE, as the regulator, to make decisions on each level of the process. I have no reason to doubt that the HSE and ECHA will have similar principles in how they go about this. We are not seeking a change in any policy to move away from the REACH process.

It is fair to say that the UK has been trying to get some chemicals restricted much more quickly than ECHA and other EU member states have sought, so there may be opportunities to move more quickly on some of these matters. Again, it will be a judgment call for the HSE on whether to make that recommendation to the Secretary of State.

As for stakeholders, we held a series of informal briefings last summer at which we outlined the proposed regulatory approach, and representatives from the chemicals sector and beyond and other stakeholders, including non-governmental organisations and scientific societies, came to those briefings. Since then, we published a technical notice in September and additional guidance in December and continued with more stakeholder engagement to explain in detail what UK REACH is and what it means for industry. The House will also be aware that I invited MPs, particularly those with chemicals companies in their constituency, to attend briefings.

I recognise the concerns about why businesses have to submit data to the HSE when they have previously registered with ECHA and the potential costs involved. Such concerns were also expressed in the report by the Secondary Legislation Scrutiny Committee in the other place. As the Government said in the White Paper, we want a strong deal under which the UK will continue to participate fully in EU REACH and the work of the ECHA. The impact assessment considered the question of data in detail, and the Regulatory Policy Committee stated that the assessment used a proportionate level of evidence to support estimates of the impacts, including impacts on business. We should not expect a repeat of the costs of complying with EU REACH. For example, businesses that have already invested in putting together the EU registration dossier will not face administration costs again.

To be clear about the importance of information. The “no data, no market” principle is fundamental to REACH, and we will not weaken that in any way. It underpins effective chemicals management by both industry and the regulator. We cannot rely on the fact that such data has already been sent to ECHA. It is simply not correct to say that a chemical is deemed to be safe once it has been registered under EU REACH. Registration is how a company shows its understanding of the hazards and how to control the risks, but it does not mean that ECHA and other regulators have approved that chemical or endorsed it as safe.

ECHA will not evaluate the UK dossiers that it received for the June 2018 deadline. ECHA has also stated that, in the majority of dossiers it opens for evaluation, it needs to follow up with requests for important safety information on chemicals, meaning that the company’s safety measures may also not be adequate. Only the UK agency will be able to provide the assurance that chemicals are safely managed in the UK. To give a sense of scale, we will be grandfathering over 12,000 registrations into UK REACH—35% of them from 2018—representing 5,700 chemicals. Looking forward, we would then expect 50 to 100 new chemicals to be registered each year. We have much less understanding of how many notifications there will be for chemicals imported from the EU, because there is currently no duty to report that information in most cases. That emphasises the importance of the notification process so that we know what chemicals are being used in the UK.

REACH is one of the largest and most complex pieces of EU legislation and Members and others have rightly wondered how we would transfer it into UK law. I am confident that the provisions in these regulations mean that we will continue to ensure the highest levels of protection for human health and the environment, based on robust evidence and strong scientific analysis.

Fisheries Bill

Matthew Offord Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Ways and Means resolution: House of Commons
Wednesday 21st November 2018 Commons Chamber

[Michael Gove]

My hon. Friend is absolutely right: we adhere to the principles behind the maximum sustainable yield. The early clauses in this Bill set out clear principles by which any Secretary of State must be bound in order to put the environment and sustainability first. More than that, as we all know, under the CFP we have not had policies that put the environment first. Now, as an independent coastal state, we can work with organisations ranging from Greenpeace to Charles Clover’s Blue Marine Foundation to ensure that we have a policy that is right environmentally and right economically.

[Dr Matthew Offord (Hendon) (Con)]

I am pleased that we are now starting to put the environment first, but almost 80% of the UK fishing fleet is small-scale and it lands only 11% of the fish by value. Given that this fleet is not only more profitable to local economies, but employs more local fishermen and uses more sustainable fishing practices, will the Bill allow larger quotas to independent vessels under 10 metres?

[Michael Gove]

Absolutely, the Bill explicitly allows us to ensure that new quota can be allocated to the under- 10 metre fleet, which exhibits all the virtues that my hon. Friend outlined. As I mentioned in response to the question from the hon. Member for Harrow West (Gareth Thomas), it would be inappropriate to transfer some aspects of quota, but it has been the case, not least under the leadership of my right hon. Friend the Member for Newbury (Richard Benyon), that we have already been transferring quota to the under-10 metre fleet, for the reasons that my hon. Friend mentions.

--- Later in debate ---

[Sue Hayman]

I thank the hon. Gentleman for that very well-made point. Yes, I support exactly what he is saying. We know that the Secretary of State also recognised in his speech the importance of recreational angling. If we are to achieve the goals that we are talking about, can the Secretary of State confirm that he intends to bring forward future measures to support recreational sea angling? If so, can he provide us with some details on those plans today?

Ministers, when questioned about their support for our smaller-scale fishing communities, often point to the coastal communities fund. Members may be interested to know that, in response to a parliamentary question asked by my hon. Friend the Member for Halifax (Holly Lynch), it was revealed that only about 6% of the fund has been awarded to the fishing sector to date. If the Government really think that fishing is the lifeblood of coastal communities, why do they not back this up with the funding that the industry so desperately needs?

[Dr Matthew Offord (Hendon) (Con)]

I am listening to the hon. Lady with great interest, but I am finding it very difficult to reconcile the issue of fishing generally with the demise of coastal communities. Does she not agree that, just as in rural areas, it is not just the issues surrounding agriculture and fishing that contribute to a decline in coastal communities; it is tourism, lack of a manufacturing base and the brain drain? When we look in her own constituency, for example, any increase in the fishing industry will not help the village of Flimby, as it needs a greater package than just additional resources for the fishing industry, which she seems to be advocating.

[Sue Hayman]

Well, of course, any kind of regeneration needs to cover a number of different areas, but we know that fishing would regenerate many, many coastal communities if we were able to land more fish into British ports and if we were able to change quotas. The Secretary of State has said that we have a huge opportunity here to regenerate our coastal communities through investing in fishing, but, obviously, we must have other funding as well, which is why I mentioned earlier the importance of tourism.

Let me turn now to trade. I understand that around 80% of what we catch, we export, and that 70% of the fish that we eat, we import, yet in the Bill there is no mention of trade, customs or tariffs. Labour’s commitment to membership of a customs union would reassure both processors and catchers that they could invest in their industry safe in the knowledge that they would have tariff-free access to the European markets.

I want to talk briefly about the marine environment. Labour welcomes the language in the Bill about reducing the environmental impacts of fishing, but the Bill provides only a vague future framework and does little to explain exactly what this would look like.

Uncontrolled Shark Fishing in the Atlantic

Matthew Offord Excerpts

Tuesday 3rd July 2018 Westminster Hall

[Ross Thomson]

I am grateful to my hon. Friend for that intervention, and I wholeheartedly agree. Sharks are not just vulnerable; as I have tried to articulate, they face an existential threat. From the movies we watch, the programmes we see and popular culture, we have a misplaced fear of sharks, but it has been clear over the decades that sharks have more to fear from us than we do from them. It is the same story all over the world.

The protections that are in place are inadequate, poorly enforced and nowhere near what is needed to guarantee sustainability. ICCAT’s ban on shark finning, for example, which is based on a fin-to-carcass ratio limit, is weak and difficult to enforce. Its replacement with a wider ban on removing shark fins at sea, which was supported by the vast majority of ICCAT parties in attendance in 2016, would be more than welcome. I therefore hope that the UK Government will redouble their efforts to promote sustainable fisheries at an international level and make the conservation of shark species a key priority. I am thankful that the UK Government were a strong advocate of prohibiting shortfin mako landings ahead of the annual ICCAT meeting in 2017, for example. I hope that they keep the pressure up in that area.

As the UK becomes an independent coastal nation with a large exclusive economic zone, we have a great opportunity to become a global voice for a precautionary approach to international fisheries regulations. We have seen the devastating effects of overfishing on ecosystems and human communities. It should be clear that the risks of more robust regulations are greatly outweighed by the risks of allowing overfishing, especially of sharks, to continue unabated.

[Dr Matthew Offord (Hendon) (Con)]

I am delighted that my hon. Friend has brought forward this issue for discussion, particularly as someone who has swum with sharks around the world, including off the Minister’s coast in Cornwall, where I have swum with larger sharks. Is my hon. Friend aware that 86% of all the sharks landed in the EU are landed in the Atlantic? Brexit offers us a great opportunity not only to ensure that the species continue to survive, but to create an environment in which they will prosper.

[Ross Thomson]

I am grateful to my hon. Friend for that important intervention. I am hugely jealous of his having been able to swim with sharks off the coast of Cornwall—it is still on my bucket list to go cage diving with a great white. I know that many campaigners, including the Shark Trust, have been actively trying to engage with the European Union, often to no avail. He is right that when we take back those powers we will be able to do things on our own terms, and do more for conservation, not less.

I hope that the UK Government will press for common-sense reforms that eliminate the loopholes and, most importantly, make the regulations enforceable. On paper, a regulation can be as strict as we want it to be, but the important thing is putting it into practice. It is a matter of regulating smarter as much as regulating harder. I hope that after we leave the common fisheries policy and take back control of our waters, the UK Government will practise what they preach and act to preserve shark populations around the British coastline. We know that the EU’s record in this area has been less than stellar on occasion. After all, Spain and Portugal account for around three fifths of all shortfin mako catches, and Spain, Portugal and France are all among the top 20 shark fishing nations. We should take Brexit as a chance to examine what we can do better.

Overfishing might be the largest threat to shark populations, but it is not the only threat. Sharks need a healthy habitat to thrive in, so ocean pollution and habitat destruction are also significant contributors to the decline in shark populations. Microplastics, for example, are especially dangerous to sharks that are filter feeders, such as whale sharks, megamouth sharks and basking sharks. I am therefore really glad that the UK Government have introduced a ban on the manufacture of products containing microbeads, and I hope that will set an example to the rest of the world to follow as soon as possible.

The need for the UK Government not only to legislate domestically but to use their diplomatic voice for action on microplastics and ocean pollution in general cannot be overstated. Our ocean environments are interconnected all over the world, and plastic waste does not respect borders. The same goes for action to curb climate change and preserve the temperature of our ocean waters from damaging, radical change. Both the UK and Scottish Governments have been world leaders on reducing emissions, but more global action is needed if we are to see real progress in conserving shark populations, even here in our own waters.

I hope that I have helped to generate some more sympathy for sharks today. I hope that I have demonstrated their vital role in the marine environment, both in British waters and in all the world’s oceans, and have explained why we are all invested in securing their future. “Blue Planet II” has contributed greatly to putting marine conservation at the top of the agenda in this country. I hope that the UK Government will now act to ensure that it is at the top of the agenda all around the world, and that that leads to positive and lasting change for the planet’s many endangered shark species.

Oral Answers to Questions

Matthew Offord Excerpts

Thursday 25th January 2018 Commons Chamber

[Dame Caroline Spelman]

The leadership of the Church of England could not be clearer on this point. Archbishop Justin managed to secure a commitment to stamp out homophobia throughout the Anglican communion, when all the bishops were convened here in London. It has been established unequivocally, from the top of the Church all the way down, that homophobia has no place in the Anglian communion.

[Dr Matthew Offord (Hendon) (Con)]

6. To ask the right hon. Member for Meriden, representing the Church Commissioners, what support the Church of England is giving to Christian communities in the middle east as a result of attacks on those communities during Christmas 2017.

[The Second Church Estates Commissioner (Dame Caroline Spelman)]

The Church of England is in regular contact with the diocese of Jerusalem and the diocese of Egypt with North Africa and the Horn of Africa. I am pleased to report that the news from the region was comparatively positive over Christmas, especially when compared with that of only a few months ago.

[Dr Offord]

Yesterday, I had a not only interesting but humbling experience when I visited the Holocaust Survivors Centre in my constituency. Many of the people there were actually survivors of the holocaust—the Shoah. Does my right hon. Friend accept that those people are not only concerned about attacks in other countries on the basis of religion, but feel that we need to do more to help the Egyptian Government to prevent such attacks, which are, effectively, a form of genocide?

[Dame Caroline Spelman]

The proximity of Holocaust Memorial Day reminds all of us that, sadly, such atrocities are ongoing in our world, and that people are persecuted for their faith. Egypt was relatively quiet over Christmas—quieter than in recent months—but it is the ancient Coptic Church in that country for which we, as fellow Christians, fear. It is a fact that Egypt has moved from 21st to 17th on the world watch list of countries about which we should be concerned, not least because of the rise of Daesh there.