Draft Food and Feed (Chernobyl and Fukushima Restrictions) (EU Exit) Regulations 2019 Draft Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019

Steve Brine Excerpts

Thursday 14th March 2019 General Committees

[The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)]

I beg to move,

That the Committee has considered the draft Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019.

[The Chair]

With this it will be convenient to consider the draft Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019.

[Steve Brine]

It is nice to see you in the Chair, Mr Wilson. These instruments, which concern food and feed law, are made under the powers in the European Union (Withdrawal) Act 2018 to make the necessary amendments to UK regulations. This is the third bundle of such regulations that we have debated in these fun sessions.

The Government’s priority is to ensure that the high standard of food and feed safety and consumer protection we enjoy in this country is maintained when the UK leaves the European Union. These statutory instruments correct deficiencies in regulations to ensure that the UK is prepared in the event that it leaves the EU without an agreement. They are limited to necessary technical amendments to ensure the legislation is operative on EU exit day; they make no policy changes.

Leaving the EU with a deal remains the Government’s policy. That is what the public want and expect us to do, and it is most certainly what I as a Minister expect us to do. We are working hard to get to a position where we do that. As the House made clear last night, it does not wish to leave without a withdrawal agreement at the end of March. Regardless, we have to make necessary preparations, and that is what this Committee sitting is about. The primary purpose of these instruments is to ensure that legislation that allows for the protection of the public from radioactive contamination of food resulting from past and any future nuclear accidents is operative on EU exit day. I do not think I have introduced many regulations that we so much hoped would not be needed.

The draft Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019 cover the importation of food from areas affected by historical nuclear accidents at Chernobyl in present-day Ukraine and at Fukushima in Japan. The instrument makes alterations to the legislation governing imports of food from the areas affected by the Chernobyl accident, which, believe it or not, was in 1986, when I was still at school—the shadow Minister was yet to get there. The Chernobyl accident resulted in widespread radioactive contamination, which affected food production in many countries. Thirty-three years after the accident, levels of contamination have fallen, and now only certain products, including wild game, wild mushrooms and berries——

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

rose—

[Steve Brine]

I just want to cover the berries, which are very important; those products and berries, such as blueberries and cranberries, show high levels of contamination. On berries, I give way.

[Mr Dhesi]

Sadly, my intervention does not relate to berries. Will the Minister confirm that standards and safeguards will not be watered down as a result of these statutory instruments? We enjoy very high standards and safeguards for permitted levels of radioactive contamination. Can he reassure us that that will continue to be the case post Brexit?

[Steve Brine]

I can absolutely assure the hon. Gentleman that that is the case. The draft regulations are an import from EU regulations. The European Union (Withdrawal) Act 2018, which I referred to, is a housekeeping piece of legislation, not a changing piece of legislation. If we wished to make changes either way—to strengthen or to weaken such regulations—they would come through the House and be examined by it. I am sure the hon. Gentleman and the good people of Slough would rightly take an interest and have something to say about them—as, indeed, would I.

[Ruth George (High Peak) (Lab)]

My constituency hosts children coming over from Chernobyl and Ukraine. Children as young as three are already getting cancers, so although levels of radioactivity in foodstuffs may have declined, we are still seeing a much larger prevalence of cancers in that area, particularly among children. Does the Minister agree that it is important not only to encourage such exchanges, so that children can come and eat uncontaminated food and breathe fresh air in this country, but to ensure we keep our country protected from such levels of radioactivity?

[Steve Brine]

The hon. Lady has put that point very well; I could not disagree with a syllable of that.

This instrument also makes alterations to similar European legislation, regulation 2016/6, which imposes special conditions on the imports of food from areas of Japan that were affected by the Fukushima accident, which was in 2011. In this case, eight years after the accident, higher levels of radioactive contamination are limited to only certain areas of Japan, and affected products include—believe it or not—wild mushrooms again, and other wild vegetables. Wild game may also show high levels of contamination, but those products are not eligible for import into the UK under food safety measures that are not related to these regulations.

As the regulations relate to specific contamination incidents, as radioactivity naturally decays, and since natural and human activities remove contamination from the environment, it is right that the regulations are regularly reviewed to ensure that controls are fit for purpose. The legislation relating to the Chernobyl accident has an expiry date of 31 March 2020—next year—while the legislation relating to the Fukushima accident must be reviewed before 30 June 2019. That is what is stated in the regulations that we are importing.

I raise this point because I want to be clear with the Committee that we will be bringing over those review dates into UK legislation. It is the same point that I made when I responded to the hon. Member for Slough about standards: we are not going to drop the ball in any way on their being reviewed. It is important for those two communities and those two countries that we do that as well as that we ensure that we review the safety risk in this country.

The second statutory instrument in this bundle, the Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019, ensures that regulation 2016/52, the legislation covering the application of maximum permitted levels of radioactivity in food and feed following a nuclear emergency, continues to function effectively after exit. The first statutory instrument is about Chernobyl and Fukushima; the second looks ahead to what we hope will never happen—possible future incidents.

EU law in this area establishes maximum permitted levels of radioactive contamination in food and feed that would come into effect following a nuclear accident or any other case of radiological emergency, which could be an accident involving a medical use, a domestic power incident or, indeed, an aggressive act that led to some form of nuclear accident—although that would not be an accident. The regulation therefore acts as a framework that can be enacted promptly to apply emergency levels of radioactive contamination in food and feed to protect consumers.

If those levels were exceeded, it would have a detrimental effect on human health from the consumption of food contaminated by radioactivity. Applying the levels would assist the response to a radiological incident. Currently, the European Commission holds a range of powers under European legislation that enable it to respond in the event of such an accident or another radiological emergency. Those powers allow the Commission to put in place measures in the form of emergency implementation regulations that apply the maximum permitted levels set out in regulation 2016/52, and so prevent potentially contaminated food from getting on to the marketplace.

Let me emphasise again that there are no changes to policy in these instruments beyond making the minimal changes necessary to rectify the deficiencies in what will be retained EU legislation. I am confident in saying that consumers in the UK will benefit from high standards of food and feed safety. We are committed, as I said to the hon. Member for Slough, to maintaining those.

The instruments will transfer responsibilities from the European Commission to Ministers in England, Wales, Scotland and the devolved authority in Northern Ireland. In addition, the instruments will change references regarding import into the European Union import into the European Union to references regarding import into the United Kingdom—perfectly logical.

To be clear, the draft instruments will not introduce any changes in how food businesses are regulated or run, unlike previous SIs we have discussed in this sequence, nor will they introduce any extra burdens. The instruments provide continuity for businesses, protect consumer interests and ensure that enforcement of the regulations continue in the same way. They will ensure a robust system of control, which will underpin UK businesses’ ability to trade domestically and internationally.

It should be noted that the draft regulations will apply only following a nuclear accident or other radiological emergency, as I have mentioned. They are not intended for routine activities, which are governed through regimes such as those under the domestic Ionising Radiation Regulations 2017 or the Environmental Permitting (England and Wales) Regulations 2016, which the Health and Safety Executive owns.

It is important to note that the devolved Administrations have provided consent for the draft instruments. We have engaged positively with the DAs throughout the development of the regulations, and the engagement is warmly welcomed—as before, I place that on the record.

The regulations therefore constitute a necessary measure to ensure that our food legislation relating to food and feed safety and radiological protection continue to operate effectively after EU exit day. That is the case both for the historical Chornobyl and Fukushima regime and for the future. I urge hon. Members to support both sets of regulations.

--- Later in debate ---

[Steve Brine]

Let me start by saying that the hon. Member for Poplar and Limehouse always speaks so well. As a former firefighter, he put his comments very well, and they do not require me to add to them.

The shadow Minister, the hon. Member for Washington and Sunderland West, is right that this is an important week for the country. It is the most important week since the last most important week. The House expressed its will last night that it did not want to leave with no withdrawal agreement at the end of March or thereafter, but the House expressing its will is not enough to change the law of the land, which is why the Government said yesterday that they will bring forward measures to do that if necessary. That is why today’s motion is very clear that we will seek a short extension to deal with the necessary EU exit legislation if the House supports a withdrawal agreement before 20 March, with the Council being the next day. If it does not, there will be an extension—for how long?—on or before 20 March.

The point is that it is easy to put a tweet out or to write a headline about what did or did not happen in this place last night, but the bottom line remains unchanged: there are only two ways to stop us leaving without a withdrawal agreement. One is to revoke article 50, which I do not see any remote majority for in the House. The other is to agree a deal. Yes, we have not agreed a deal in January or this week, but just because we have not does not mean that we can’t or shouldn’t. Whether or not we agree one before 20 March, we still at some point have to agree a deal with our friends and closest trading partners in the EU. That is my position and the position of the Government. I think that is pretty clear.

I acknowledge the hon. Lady’s work in this space. I am very fortunate to be surrounded by very clever people who work tirelessly in the FSA and my Department to provide me with all this information. I know it is hard to believe that I do not have all that buried up here in my head, but the hon. Lady has to wade through it pretty much on her own, with a small amount of staff. I know that there is a lot of it, and I acknowledge that work, because the work that the Opposition do and are meant to do never gets noticed in this place. It is an important part of our constitution.

The hon. Lady’s question about levels staying the same is a good one. My point is that just because we are changing our constitutional arrangements does not mean that the science changes—the science is still the science. She asked whether the maximum permitted levels are set appropriately. They are for now. They are recommended and reviewed by the group of experts formed under article 31 of the Euratom treaty and independent scientific advisers to the European Commission. The UK radiological experts in the FSA, Food Standards Scotland and Public Health England agree that the current maximum permitted levels are within safe limits and are appropriate to provide public health protection. When the regulation was presented for consideration by the European Council, EU member states unanimously agreed that the levels were appropriate to deal with these issues. The levels will be kept under review by UK radiological experts in the FSA, FSS and PHE, as indeed they should be.

I made a point about reviewing the regulations, specifically with regards to Japan and Fukushima, because obviously that date is coming up. This is a routine annual review. I said that it will be carried over, and it jolly well should be. The European Commission started the review in January 2019, and the UK has been represented at those sessions by the FSA, in conjunction with the devolved Administrations and FSS. They are already reviewing the data and the measures in place and will continue to engage with the Commission’s review until exit day. The FSA will then assess future measures implemented by the EU and advise Ministers on appropriate controls for the UK. Any SI made would be subject to the usual parliamentary scrutiny. Until then, the current instrument, as ported over into UK law, will apply.

I reiterate the point I made last week, which I also made to the Lords EU Energy and Environment Sub-Committee last week. Just because we are leaving certain structures, that does not mean that relationships will change. The European Food Standards Authority grew out of the Food Standards Agency; it came from us, not the other way around. Those relationships are incredibly strong, and they are to our benefit, as well as the EU’s.

On Euratom, the UK equivalent and who the domestic risk manager will be, Ministers will ultimately manage the risk on advice from the FSA, and FSS north of the border. Their advice to us is always, and will always be, publicly available. We will have continuing dialogue with the Euratom authorities for the reasons I set out, including the historical reasons.

The hon. Member for Washington and Sunderland West asked how we can justify the cost to businesses. This is a similar point to one we have previously covered. The law in this area is not changing, so we consider the costs to this area to be minimal, if anything at all, as businesses are already very familiar with how the law operates. As I said earlier this week, a business starting from scratch would take longer to familiarise itself with the law, but I am not unduly concerned about that.

Finally, the hon. Member for Lanark and Hamilton East, who speaks for the Scottish National party, asked about funding. An extra £14 million last year and £16 million this year has been given to the FSA for its EU exit preparations. About 140 staff—give or take, as things move around—have been recruited, including to its expert bodies. The FSA received a £2 million grant for 2018-19 and for 2019-20 to support food activities related to EU exit pressures within local government and within the port authorities, which is important. I have rightly been asked that question quite a lot throughout this process. Their lordships are interested in this particular point, not least because some of them set up the FSA, and one is its former chairman. I believe—I ask the FSA this question and it is not shy in giving me an answer—and can assure Members that the FSA is appropriately resourced to be the lead agency in this matter. Without further ado, I rest, Mr Wilson.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019.

Draft Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019

Resolved,

That the Committee has considered the draft Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019.—(Steve Brine.)

Draft Food and Feed Imports (Amendment) (EU Exit) Regulations 2019 Draft Official Controls for Feed, Food and Animal Health and Welfare (Amendment Etc.) (EU Exit) Regulations 2019

Steve Brine Excerpts

Tuesday 12th March 2019 General Committees

[The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)]

I beg to move,

That the Committee has considered the draft Food and Feed Imports (Amendment) (EU Exit) Regulations 2019.

[The Chair]

With this it will be convenient to consider the draft Official Controls for Feed, Food and Animal Health and Welfare (Amendment etc.) (EU Exit) Regulations 2019.

[Steve Brine]

It is good to see you in the Chair again, Ms McDonagh. This makes it two in a row; you obviously enjoyed last week, so welcome back.

There are only two statutory instruments before the Committee today. The Government are committed to ensuring, as I have said before, that our world-class—as they certainly are—enforcement agencies and regulators can continue protecting the UK’s public health and biosecurity when we leave the European Union. That includes ensuring that imported food and feed that pose a risk to human or animal health continue to undergo border checks and controls. The measures will ensure that bodies such as the Food Standards Agency, for which I am responsible, and the Animal and Plant Health Agency, which is a Department for Environment, Food and Rural Affairs agency, are suitably empowered to continue working to ensure that the law is followed across the food chain.

Although the Government’s priority is to secure a deal—and I believe that there may have been some developments in that respect overnight—to ensure an orderly departure from the European Union, the role of any responsible Government involves preparing for all possible outcomes. To continue protecting consumers, our food and feed safety legislation, including that relating to imported food and feed, must be able to function effectively in the event that no withdrawal agreement is in place. That will also ensure that there is minimal disruption at UK sea ports and airports. It is for those reasons that the SIs have been made under the powers in the European Union (Withdrawal) Act 2018, which, I reiterate, is a housekeeping Act that allows us to transpose European Union legislation and regulation on to the UK statute book.

As to the purpose of the instruments, official controls verify business compliance with food and feed law across the agri-food chain. In the United Kingdom, responsibility for delivering official controls is divided between central competent authorities, such as the Food Standards Agency and Food Standards Scotland north of the border, and local authorities.

The draft Official Controls for Feed, Food and Animal Health and Welfare (Amendment etc.) (EU Exit) Regulations 2019 are designed to ensure that the official controls system delivered by the authorities operates at a high standard of integrity, impartiality and proficiency. They are quite general and set the rules of the game on how we will operate in that space. Similarly, the draft Food and Feed Imports (Amendment) (EU Exit) Regulations 2019 will ensure the continuation of existing controls at the UK border, to ensure that imported food and feed of non-animal origin remains safe. DEFRA handles products of animal origin.

[Thangam Debbonaire (Bristol West) (Lab)]

Will the Minister give way?

[Steve Brine]

Unusually, yes.

[Thangam Debbonaire]

With the permission of the shadow Minister, my hon. Friend the Member for Washington and Sunderland West, I will mention that it has occurred to me that the Minister has now made three references to borders. He also referred to progress last night on the deal. Has he had time to digest the changes announced last night and to consider whether there will be any implications on the border on the island of Ireland for the movement of food?

[Steve Brine]

I heard the statement in the House last night and I have read a little bit of it this morning, but I wanted to give every attention to the Committee, as the Opposition Whip will understand. I shall listen closely to the advice of the Attorney General, which I believe is imminent, and to any statements made in the House today.

The imports that I was referring to can contain contaminants, such as salmonella in sesame seeds and pesticide residues in peppers—and in lemons, believe it or not. Imports of those goods from specified countries are currently controlled by Commission regulation 669/2009. Notification about those products must be given in advance of their arrival and they must be subject to official controls ranging from documentary checks to identity and physical examinations, including sampling. To give another example, if I may, Commission regulation 884/2014 lays down controls governing the import of nuts, nut products and some spices from listed countries. Examples of listed countries could be India—I cannot read my own writing—Indonesia or Ethiopia. There is a full list. It is important that these controls and the others listed in the instruments function properly once we leave the EU.

Fundamentally, the amendments specified in these instruments address technical deficiencies in key pieces of European legislation with application to the entire UK and three pieces of domestic legislation that apply in England only. The amendments have been bundled together because they all address law designed to ensure the effectiveness and standards of our official controls system, including for food and feed imports.

Hon. Members will notice that the instruments concern the protection not just of public health, but of animal health and welfare. In particular, the draft Official Controls for Feed, Food and Animal Health and Welfare (Amendment etc.) (EU Exit) Regulations 2019 have been jointly prepared by officials from the Food Standards Agency and DEFRA. However, it was agreed that ultimate responsibility for the instruments would lie with the FSA.

The instruments are intended solely to address inoperabilities in domestic legislation and retained EU law. However, as a result of the way the law is constructed, that results in some changes to the way our legal framework for official controls would work. As some of the amendments address retained EU law, it was necessary to remove references to EU terminology, such as “member states”—that is perfectly logical—and to systems such as the European reference laboratories network. Ultimately, UK competent authorities will no longer participate in European programmes regarding official controls, such as the European Commission’s international audit body, SANTE. That fact is addressed by the amendments and DEFRA is preparing a domestic audit body of its own.

Furthermore, the powers that are currently provided to the European Commission to make legislation are either repatriated to the appropriate UK authority, amended to become administrative functions or removed altogether as a result of their inapplicability—[Interruption.] Yes, exactly—inapplicability. It is my age. I was going to say “as a result of their inapplicability in a UK-only context”. We will edit that bit out. Powers have been transferred strictly where necessary for the UK to maintain a controls system responsive to emerging risks to public health and animal health and welfare.

That is particularly the case in the area of import controls. Although the existing rules governing official controls do not create detailed rules for the performance of controls on imported food and feed, they do set standards and powers for competent authorities controlling trade in such goods. In practice, in the short term this will only mean an increase in the need for more controls on high-risk food and feed, such as the sesame seeds contaminated with salmonella that I referred to earlier, entering the UK from third countries via the European Union. EU regulation 669/2009, which I mentioned, contains the list of those countries, and I can give some examples if hon. Members are interested.

[Martin Whitfield (East Lothian) (Lab)]

I want to pose a question about the principles for goods that have been placed on our market before departure day and the same goods returning post departure day. Where in the two statutory instruments that are before us is the confirmation that the essential make-up has to stay the same to be recognised post departure, and how will we ensure that that takes place as we remove ourselves from the European Union structures?

[Steve Brine]

I can expand on this in my response, but the point is that all we are doing here is transposing the very strict and world-class enforcement rules that operate at the moment for us as a member state. Anything that is within the chain at that time will be exactly in line with everything we have signed up to as a member state. Because we are talking about complete convergence in the immediate future after exit, I have no concern about that. I have asked officials about it.

Any checking to ensure that there is no divergence will be the responsibility of the agencies I have listed— the Food Standards Agency, Food Standards Scotland and local authorities. The regulations do not make any changes to that, and anything that came on to the market—whether into this country, into this country to go into the European Union, or into the European Union to enter this country—would be subject to all the same rules that it currently is. I think hon. Members should have confidence, as I do, that this is a continuation or a bridge between our membership and, hopefully, our transition period.

I will touch on the impact on local and public authorities, which I know there was some interest in last week. As the primary purpose of the existing legislation is to ensure the effective enforcement of food and feed law by competent authorities in EU member states, the amendments will be of interest to public bodies responsible for delivering those controls in the UK, such as local authorities and port health authorities. As I mentioned, there will be some impact on the way that certain high-risk food and feed is controlled when entering the UK as a result of our leaving the European Union. However, for authorities delivering official controls in the UK, the primary impact of the instruments will be familiarisation costs.

With regard to the point that the hon. Member for East Lothian alluded to, it is not foreseen that the day-to-day delivery of official controls, which are performed predominantly by local authorities, will be otherwise impacted by these changes. The UK will maintain its world-class operational standards in this area, regardless of the way in which we leave the EU. I have been crystal clear on that for all the SIs I have dealt with in this space, such as when I spoke to the EU Energy and Environment Sub-Committee in the Lords last week.

Public authorities will be impacted by the effects of leaving the framework for the performance of official controls created by this legislation. For example, we will no longer be legally bound to provide administrative assistance to other European countries upon request. That does not mean that co-operation with other countries’ enforcement agencies will cease—I stress that important point. We are developing new ways of working with our international delivery partners to ensure that we can continue to tackle complex international food safety incidents once we leave the European Union. It is important to note that the European Food Safety Authority grew out of the Food Standards Agency; in many ways, we were the rock upon which the EU built its church, not the other way around. Despite all the legal changes that will take place when we leave the European Union, the relationship changes will be minimal or non-existent, and our relationships are absolutely first class. I stress that point regularly, such as when I spoke to the FSA chair last week.

On the impact on industry, businesses will be interested in the amendments to the rules concerning charging for official controls. Official controls legislation creates minimum charges for the performance of official controls on the domestic production and import of certain imported food and feed. Amendments in this area centre on the use of Her Majesty’s Treasury and the Department for Exiting the European Union’s recommended conversion rate for references to euros in retained EU law. In practice, that will have minimal impact on businesses: the Food Standards Agency has a methodology for calculating the charges levied on businesses slaughtering and cutting meat that is not affected by the changes to the minimum rate set out in this legislation. Equally, DEFRA’s approach to controls on imports of EU-derived products of animal origin means that no new chargeable import controls are projected. As with public authorities, there may be one-off familiarisation costs. All told, we do not anticipate a great financial or administrative impact on businesses as a result of the technical nature of the amendments.

Food and feed safety, as well as animal health and welfare, are devolved policy areas. As such, the instruments have been drafted to reflect the distribution of responsibility for delivery of official controls in the UK. In some instances, that means powers flowing back from Brussels to the appropriate UK authorities, which include Ministers in Scotland and Wales and the relevant Departments in Northern Ireland. The devolved Administrations have provided their consent to these instruments, and officials from all parts of the UK have been working together well and constructively in this field. I place on record my thanks to them.

As with previous SIs, we have respected the full flow-through of powers; in fact, if the devolved Governments decide that they want to diverge in their treatment of high-risk imports, they will have increased devolved powers with which to do so. I would not expect too much divergence to take place within the UK, because with all the disruption that leaving the EU will inevitably bring, given the 40-odd years of culture involved, the last thing we want to do is create disruption and internal market issues within the UK. That would not be in the interests of Scotland, Wales or Northern Ireland any more than it would be in England’s interests.

The amendments only go as far as necessary to ensure that we have a fully functioning UK statute book; indeed, the legislation only allows us to go as far as necessary to ensure that our statute book equips our authorities with the necessary powers to continue to protect public and animal health after exit day. The successful resolution of the instruments is necessary to ensure that we can maintain the high standard of food and feed safety, biosecurity and consumer protection that is offered by this country’s excellent enforcement agencies and competent authorities. I place on the record my thanks for the hard work that those organisations have done and will do in preparation for exit day. I urge hon. Members to agree to the amendments that are proposed in the instruments, and I commend the regulations to the Committee.

--- Later in debate ---

[Steve Brine]

Well, where to start? Let me start with the hon. Member for Edinburgh North and Leith, who speaks for the SNP. I thank her for her comments and note her points about full flowing and passing competences to the devolved Administrations. We have always said that that would be the case where it was the right and sensible thing to do, and I am true to my word in these instruments.

I do not know where to start. I do not think the hon. Lady asked many questions. There was a referendum and we tend to respect the result of referendums in the UK. If the SNP can find me a referendum it does respect the result of, I am all ears. Yes, we are leaving and that has an implication for statute and regulation. We are therefore transposing these regulations under the European Union (Withdrawal) Act 2018 on to the UK statute book to make sure that food and feed are safe for our constituents and for human and animal health. That is the responsible thing for any Government to do. I do not apologise in any way, shape or form for doing that. It is absolutely the right thing to do.

I turn to the hon. Member for Washington and Sunderland West, who started where she usually starts. Will enough have changed overnight when we hear the Attorney General’s advice? For me, yes, but it was enough for me in January. If she wants to avoid any change or disruption, she knows what she has to do today. I look forward to having a chat with her in the Aye Lobby. She will be very welcome there and will be among friends—I have a funny feeling that quite few of her hon. Friends will be there too.

I will write to the hon. Lady with more detail in response to her question about the important issue of Chinese plastic. It is dealt with in the draft food and feed imports regulations because they are the most relevant place to do so. Only the terminology is corrected—there is no legal change. I do not think that there is any substantive change to the issues around Chinese plastic. However, it is always useful to be updated on what is in the hon. Lady’s kitchen.

The hon. Lady asked which bodies will perform the risk assessments. Risk assessment will be performed by the FSA and Food Standards Scotland, which are independent scientific risk assessors. Risk management decisions, which are different, will be taken by Ministers based on public advice from the FSA. The hon. Lady asked who will advise the Secretary of State and, therefore, me. Ultimately, risk management decisions in this space come to me, or to whoever holds this brief. The advice comes from the Food Standards Agency in England and from Food Standards Scotland to Scottish Ministers. In fact, to digress, I am meeting my opposite number, the Scottish Minister, on Friday because I want to talk to him about child obesity and dental issues—I give the Committee that exclusive.

The hon. Lady asked about continuity for business and what conversations have been had on that. I covered a fair bit of that in my speech. Businesses have been fully involved in the consultation process. We ran a six-week consultation, which is longer than for some other SIs. The responses were generally content. There was some concern about the timing and making sure that everything is in place by exit day. If the Committee agrees to the regulations today, it will be.

The hon. Member for East Lothian asked a question that the shadow Minister would have raised if he had not about the arbitrary assessment of the prep time, which is one hour. I responded to the hon. Member for Washington and Sunderland West on this point last week. The law does not change. From a cold start, downloading and reading the regulations would take more than 30 minutes or even more than an hour—there is no question about that. However, for someone who works in this space and is up to speed, as these organisations and public authorities already are, familiarisation will be minimal. Business is familiar with them already.

The hon. Member for Washington and Sunderland West asked whether I am confident, and whether the Department and its agencies are offering support to those organisations. I am absolutely confident, and I am sure that we are providing enough support.

The hon. Lady also asked about the resources going into the Food Standards Agency. The Food Standards Agency has increased its resources, thanks to support from Her Majesty’s Treasury. It has increased the number of scientific advisers and it has set up the new advisory body, which will advise it on many of these issues. I think that the FSA is well resourced. The chair of the FSA, Heather Hancock, who gave evidence to the Lords Committee with me last week, is a very competent person, and she is not shy in coming forwards when she feels that she needs more resources from the UK Government. She has argued effectively for that, and has received the response that I think she wanted.

The hon. Lady asked about conversations with colleagues in DEFRA. I said at the start of this Committee that this area is covered by the Department of Health and Social Care and DEFRA. That split has to be there, because I am interested in human health and DEFRA is interested in animal health, but of course there will be cross-over. I work closely with DEFRA colleagues in the House and I work closely with DEFRA officials, as do my officials who are here from the Foods Standards Agency, as is necessary on these SIs. That will continue as we leave the EU. The Department of Health and Social Care and DEFRA own these SIs in many ways, but contact between policy and legal officials at the FSA and DEFRA are strong, and will remain so.

The hon. Lady asked about discussions with the devolved Administrations. As I mentioned, they have consented to the SIs. I place on the record my thanks to them for that. I look forward to talking to my opposite number in Scotland about them when I see him on Friday. I mentioned the fragmentation across the nations, not in my speech, but in my ad-lib remarks, when I said that, with all the changes that there will be as a result of our exit from the European Union, the last thing our United Kingdom needs is disruption within the internal market of the UK right now.

It is absolutely right that we transmit those powers from the European Commission through England and to the devolved Administrations. They absolutely have the right, through consultation and democratic engagement with the Scottish Parliament, for instance, to diverge, if that is what they want to do. That would be done in consultation with the UK Government, as is right.

We are, whether everybody likes it or not, one United Kingdom. When we leave the European Union, we will leave as one United Kingdom, with one united, world-class, world-leading food and feed safety environment. That is what these instruments seek to achieve and I commend them to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Food and Feed Imports (Amendment) (EU Exit) Regulations 2019.

Draft Official Controls for Feed, Food and Animal Health and Welfare (Amendment etc.) (EU Exit) Regulations 2019

Resolved,

That the Committee has considered the draft Official Controls for Feed, Food and Animal Health and Welfare (Amendment etc.) (EU Exit) Regulations 2019.—(Steve Brine.)

Dental Charges

Steve Brine Excerpts

Monday 11th March 2019 Written Statements

[The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)]

Dental charges remain an important contribution to the overall cost of the NHS budget. We have taken the decision to uplift dental charges for those who can afford it, through a 5% increase this year.

This means that the dental charge payable for a band 1 course of treatment will rise by £1.10 in 2019-20, from £21.60 to £22.70. The dental charge for a band 2 course of treatment will increase by £3.00 in 2019-20, from £59.10 to £62.10. The charge for a band 3 course of treatment will increase by £12.80 in 2019-20, from £256.50 to £269.30.

The uplift continues with the aim of finding an appropriate balance between the costs paid by service users and those met by the NHS through the contributions of taxpayers.

Those who qualify for free dental treatment will remain entirely exempt from charges. Those under the age of 18, those under the age of 19 and in full-time education, pregnant women or those who have had a baby in the previous 12 months, and those on qualifying low income benefits will not be impacted by these changes.

Even those not entitled to exemption from dental charges, but who are on low incomes, are eligible to receive full or partial help with dental charges through the NHS low income scheme.

This policy will allow us to continue to protect the most vulnerable through exemptions and the NHS low income scheme. We therefore consider that the proposed uplifts in charges are fair and proportionate and will support NHS front-line services.

Details of the revised charges for 2019-20 can be found in the table below;

DRAFT GENERAL FOOD HYGIENE (AMENDMENT) (EU EXIT) REGULATIONS 2019 DRAFT CONTAMINANTS IN FOOD (AMENDMENT) (EU EXIT) REGULATIONS 2019 DRAFT SPECIFIC FOOD HYGIENE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT GENERAL FOOD LAW (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019

Steve Brine Excerpts

Tuesday 5th March 2019 General Committees

[The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)]

I beg to move,

That the Committee has considered the draft General Food Hygiene (Amendment) (EU Exit) Regulations 2019.

[The Chair]

With this it will be convenient to discuss the draft Contaminants in Food (Amendment) (EU Exit) Regulations 2019, the draft Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019 and the draft General Food Law (Amendment etc.) (EU Exit) Regulations 2019.

[Steve Brine]

If one has to be in a Delegated Legislation Committee at 8.55 on a Tuesday morning, this room is a good result. Happy Tuesday.

It is a pleasure to see you in the Chair, Ms McDonagh. The instruments, which all concern food and feed safety, food hygiene and food contaminants, are made under the powers in the European Union (Withdrawal) Act 2018. They make necessary amendments to the overarching food regulations so that we can continue to protect public health from risks that may arise in connection with the consumption of food. The instruments correct deficiencies in the regulations to ensure that the UK is prepared to leave the EU without a deal on exit day. The instruments are limited to necessary technical amendments—the legislation does not allow for anything else—to ensure that the regulations are operative on EU exit day. No policy changes are made through the instruments.

As Members know, the Government have negotiated a deal with the EU and are in the process of taking it through Parliament. The deal is designed to ensure a smooth and orderly exit from the EU. As a responsible Government, we have been preparing for all scenarios, including the outcome that we leave the EU without a withdrawal agreement. We are committed to ensuring that our regulatory controls function effectively after exit day in the event of no deal, ensuring that public health continues to be protected, which is my priority. It is for that scenario that the instruments have been laid before the House.

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

I am grateful for the opportunity to intervene on the Minister, and it is a pleasure to see under you in the Chair this morning, Ms McDonagh. Can the Minister reinforce and clarify what he is saying? Is he saying that if there is a deal next week, the regulations will not be necessary, and that if there is no deal next week, and in the event of no deal, the regulations will be necessary for the protection of public safety?

[Steve Brine]

Yes. The regulations transpose into domestic law the good public health requirements that we are part of as a member state. If we agree a deal or a withdrawal agreement next week that is subsequently legislated for, everything that we currently enjoy as a member state will roll over during the transition period. If we then negotiate a future trade deal that incorporates all those undertakings, the regulations will not be necessary, but it is about putting the necessary regulations in place to ensure a seamless bridge between membership and being a third country to protect public health, which is what I am interested in.

The instruments will ensure that UK domestic legislation that directly implements applicable EU regulations continues to function effectively after exit day. The proposed amendments are critical to ensuring minimal disruption to general food and feed law, food hygiene and controls on contaminants if we do not reach a deal. The regulations on general food and feed law, food hygiene and controls on contaminants are key to ensuring the safety of food and thereby public health. Consumers in the UK will benefit from a high standard of food and feed safety and quality. The Government are committed to ensuring that the high standards are maintained.

The main changes are that the instruments will transfer responsibilities incumbent on the European Commission to Ministers in England, Wales, Scotland, and the devolved authority in Northern Ireland. They also transfer to the relevant food safety authority the responsibilities currently incumbent on the European Food Safety Authority, the body that provides scientific advice on food safety to the European Commission, the European Parliament and EU member states. That authority will be the Food Standards Agency in England, Wales and Northern Ireland, and Food Standards Scotland north of the border.

Let me take the regulations in turn, because they start very general and get more specific. The General Food Law (Amendment etc.) (EU Exit) Regulations 2019 ensure that Regulation (EC) 178/2002, which lays down fundamental principles underpinning food law, basic food and feed business requirements, as well as describing certain functions carried out by EU institutions, will function effectively on exit day. The regulation states that food placed on the market must be safe to eat, and it provides for other fundamental food and feed safety and hygiene requirements, including presentation, traceability—we must be able to look one step back and one step forward in the supply chain—the enforcement of regulations, and open and transparent public consultation during the preparation, evaluation and revision of food law. I used the word “presentation”, which is to ensure that we do not mislead consumers. Members may remember that a few years ago there were a lot of concerned constituents because of press coverage about horse meat being sold as certain other meats, and these regulations will ensure that food is what it says on the tin.

The General Food Hygiene (Amendment) (EU Exit) Regulations 2019 ensure that Regulation (EC) 852/2004, which contains basic food hygiene requirements for all food businesses, will function effectively on exit day. It sets out the general requirements for the hygienic production of foodstuffs by all food business operators, through the provision of effective and proportionate controls throughout the food chain to the final consumer. Its farm-to-fork scope covers basic hygiene requirements for food businesses, as well as hygiene requirements relevant for the primary production sector.

[Caroline Flint (Don Valley) (Lab)]

It is a pleasure to serve under your chairmanship, Ms McDonagh. As a former public health Minister, I am interested to hear what the Minister says about this issue, and I feel reassured that as we leave the European Union there is no question of the UK falling behind on food safety standards. In many respects, while being a member of the EU we have been at the forefront of pushing higher standards—in fact, we probably have higher standards than a number of EU member states. Will the Minister say a little more to reassure the public? There have been some wild scare stories out there about how Sodom and Gomorrah will somehow arrive if we leave the EU, and that there will be lightning bolts from the sky, earthquakes, and we will fall off a cliff edge and no longer be able to buy a portion of fish and chips without worrying about our public health.

[Steve Brine]

I thank one of my esteemed predecessors for that point. When we had a referendum on our membership of the EU, we heard talk of “take back control”. Ultimately, that was about many things—it was about sovereignty, the economy and trade, but I do not think it was about weakening the public food standards that our constituents expect. When I delved into this area of policy as part of my portfolio for these statutory instruments, I realised how much heavy lifting goes on in the European Commission to protect that food security, which we benefited from as a member state. I also realised—the right hon. Lady made the point well—how much we have shaped that. The idea that when we are a third country we will want to diverge from those standards is for the birds. If anything, I want us to increase food safety standards, and the idea that leaving the European Union will leave us as a country, and our constituents and the public exposed, is indeed “Project Fear”, and people should be more responsible in the way they use such language. I thank the right hon. Lady for her point.

Regulation (EC) 852/2004 contains a key requirement that food businesses—except primary producers—must put in place food safety procedures based on the principles of the internationally recognized hazard analysis critical control point procedures. That means that each food business must assess hazards to food safety, and put in place steps to ensure they are controlled, thus ensuring the high level of consumer protection that we all expect.

The Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019 relate to Regulation (EC) 853/2004, which covers specific hygiene rules for products of animal origin, and Regulation (EC) 854/2004, which relates to the organisation of official controls for products of animal origin. Let me unpack that. We are talking about meat, fish, dairy and eggs. Regulation (EC) 853/2004, for instance, is the regulation by which we determine what kind of wash we might use on certain products. Our standards, as a member state, say—just to give an example that somebody might be interested in—how we wash chicken after it has been killed. Currently, we wash with drink-water. We will continue to wash with drink-water and the standards that we transpose protect that safety standard, which exists for a reason, and long may that continue. That regulation is about the processing stage—cutting plant standards and standards relating to the wash, for instance.

Regulation (EC) 854/2004, which relates to the specific food hygiene regulations, concerns vet involvement. When I have been to cutting plants, I have seen vets’ involvement at the pre-kill stage, to ensure that the animals have no sign of disease, and at the post-kill phase—which is not to be done after breakfast, I would suggest—to check the carcasses and ensure that there are no signs of ill health. These specific hygiene rules set out the requirements and the specific health standards for establishments on land, or at sea, for the slaughtering process, as I have said, and for the storing or transporting of products of animal origin.

The fourth and final set of regulations in this esteemed grouping, the Contaminants in Food (Amendment) (EU Exit) Regulations 2019, will ensure that the provisions in the three main pieces of EU contaminants legislation continue to function effectively after exit day. These are Council Regulation (EEC) No. 315/93 and Commission Regulation (EC) No. 1881/2006, which is the main one, which sets maximum levels for certain contaminants in foodstuffs. For instance, lead in offal is a possible concern, and that regulation ensures that the maximum level of certain contaminants in that foodstuff is not exceeded.

Finally, Commission Regulation (EC) No. 124/2009 sets maximum levels for the presence of coccidiostats or histomonostats—easy for me to say—in food resulting from the unavoidable carryover of those substances in non-target feed, while associated regulations relate to appropriate methods of sampling and analysis.

The three contaminants regulations protect consumers by ensuring that they are safeguarded from the adverse effects of exposure to contaminants that may be present in food. Chemical contaminants may be present in food from the environment or as a result of growing conditions, which is perfectly natural; it is part of the natural evolution and the natural supply chain. The legislation sets out maximum limits for those certain contaminants in food and provides a clear legal basis on which enforcement action—by local authorities, by trading standards officers or by ports’ health officers—may be taken, where necessary, to protect consumers by facilitating the removal of unsafe food from the food chain.

There are a couple of other points to make. The first is about the impact on industry. I am clear that these instruments do not introduce any changes for food businesses in how they are regulated and how they are run, nor do they introduce extra burdens. These instruments just provide continuity for businesses and the protection of consumers’ interests, and ensure that enforcement of the regulations can continue in the same way—I gave three examples of that. These changes will ensure that a robust system of controls will underpin UK businesses’ ability to trade both domestically and internationally.

It is also important to note that, as with many of the statutory instruments that I have been involved with—in fact, as with all of them—the devolved Administrations have provided their consent for these SIs. We have engaged positively with the devolved Administrations throughout the development of these instruments. That ongoing engagement has been very warmly welcomed, and I place on the record my thanks to all the officials and Ministers who we have worked with.

In conclusion, these instruments are necessary to ensure that our food safety and hygiene legislation continues to work effectively after exit day. I urge right hon. and hon. Members to support the amendments proposed in these four instruments, to ensure the continuation of effective food and feed safety, and public health controls, which our constituents rightly expect. I commend the regulations to the Committee.

--- Later in debate ---

[Steve Brine]

I shall work in reverse and begin with the comments of the hon. Member for Poplar and Limehouse, who is a good man. He may not have been a public health Minister, but if he had been, he would have been a very good one. We have engaged with certain issues many times in Westminster Hall and I know exactly where he would place his focus if he were in my job. Hey, he might be one day—who knows?

To begin with the point about transposition, the simple answers is yes. As I said, the European Union (Withdrawal) Act 2018 allows us only to do the housekeeping. That is effectively what these constant fun Tuesday mornings about. They are about the housekeeping and transposing regulations into domestic law. I cannot imagine why anyone would oppose them, because it would be to oppose the status quo, which, I think everyone agrees, keeps the public safe.

There were lots of questions from my dear friend and shadow, the hon. Member for Washington and Sunderland West. She started where she always does, and I shall start where I always do, with the withdrawal agreement. Let us remember, we are not discussing a deal, or a future trade deal, but a withdrawal agreement—a divorce, if you like. Yes, there is no withdrawal agreement yet, and there are 24 days, but the hon. Lady knows what I am going to say. She has a golden chance next week, on or before next Wednesday, to change that.

As to scrutiny, we have spent quite a lot of time in Committee sittings scrutinising SIs together, and in some ways it has been an interesting spring cleaning process, has it not? We have delved into some regulations that I suspect have not been discussed in this place for a long time. The hon. Lady rightly says that we cannot get this wrong, because we have to bear in mind consumer confidence always. That is why we are so keen to get things right.

The hon. Lady raised the issue of relaxation, but that would not happen under the present process, because, as I said to the hon. Member for Poplar and Limehouse, this is a process of transposition. Any relaxation—or indeed increase—of rules in the area in question would be subject to discussion, consultation and approval by this place. That is when we finally find out what “take back control” means.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

This follows on a little from what the Minister has been saying, but I understand that rates of food poisoning in the US are 10 times those of the UK, and the death rates from food poisoning are also much higher. Whatever happens next week, will the Minister assure us that any trade deals negotiated with the US and elsewhere will involve the same standards of food safety that we require now?

[Steve Brine]

What I can do is repeat the words of the Prime Minister and the Secretary of State for Environment, Food and Rural Affairs, who have said that there will be no diminution of food safety standards in pursuit of trade deals with the US or anywhere else; and even if such changes were proposed, Parliament would have the final say. Hon. Members can read the paper that was set out last week, on how the Government would conduct future trade negotiations and engage with Parliament. I think we know where Parliament would stand on the matter of diminution of food standards.

[Debbie Abrahams]

rose—

[Steve Brine]

I am happy to give way to the hon. Lady a second time, but then I must make progress.

[Debbie Abrahams]

The Minister is always very kind. Can I assume, then, that he and his Secretary of State have sent a letter to the US ambassador, giving short shrift about our agricultural farming methods?

[Steve Brine]

I do not think that we have sent a letter. I am not sure that it would be my place to do so anyway, but the British Government have been crystal clear that we do not expect any degradation of food standards in pursuit of a future trade deal. That has been said by the Prime Minister, down to those at my lowly rank.

To go back to what the hon. Member for Washington and Sunderland West said about maintaining high standards of food safety, leaving the EU does not change our top priority, which is to ensure that UK food remains safe, and that the label says what it is. The Food Standards Agency is working very hard to ensure that high standards of food safety are maintained. We are committed to having a robust regulatory regime in place from day one that will mean that businesses can continue as normal. That is why we are transposing the legislation word for word.

The hon. Lady talked about RASFF, the rapid alert system for food and feed, to which the UK is a major contributor. RASFF facilitates vital food and feed safety data sharing. It is clearly of mutual benefit to the UK and our EU partners to share food and feed safety information quickly, so securing continued access to, and participation in, the system after leaving the EU is one of our top food safety priorities. We continue to press for full access to that vital data-sharing system in our negotiations with the EU. Even as a third country, the UK will continue to receive information from the EU as required by EU law—it is worth putting that on the record—where a food or feed subject to notification under the rapid alert system has been dispatched from the EU to the UK. However, not having full RASFF access would mean less data than is currently available, which may affect UK timely communications on food safety issues.

With regard to actions that we will take to mitigate the loss of full access, the FSA has been building on proven mechanisms, such as the monitoring of key data sources and a new strategic surveillance programme, to enhance its capability and capacity to respond effectively to any food-borne contamination or outbreak incident that occurs in the UK, for the protection of our consumers. In terms of other international engagement, the FSA is implementing an enhanced programme of bilateral engagement and surveillance that focuses on the exchange of information on risks to the food chain. It is engaging with competent food safety authorities across Europe and worldwide, building on its strong reputation and established contacts to develop a mutually supportive approach to information sharing on food safety incidents.

There is no getting away from the fact that we have decided to leave, and are leaving, the EU. We therefore will leave some of its processes, one of which is the RASFF. However, as I have said, we will do our utmost to secure continued access to it—we were, of course, a huge contributor to establishing it in the first place. If we cannot, some of the mitigations that I have outlined will be important.

The hon. Member for Washington and Sunderland West asked about the FSA. Her Majesty’s Treasury has made significant extra funding available to the FSA to increase staff, for instance, some of whom are in the room. The FSA’s resource has expanded to ensure that it can undertake the assessment and the risk exercise, to ensure food safety. In answer to a direct question, I am satisfied that it has the new resources that it needs.

The hon. Lady asked about the additional burden on industry for enforcement. We do not expect any additional enforcement burdens. The law and the regulations remain exactly the same, which is why I addressed the transposition point first in my response. She also mentioned the need for clarity on the transition period for businesses to implement any changes. As I have said, the transition period will involve the continuation of the existing standards, so businesses will not need to adapt to any extensive changes.

I was asked whether we will fund local authorities for additional burdens. We are providing support to enforcement officers in local authorities to allow them to continue to enforce the legislation. However, no policy changes are being made in practice. For labelling changes domestically, the transition period will be considered. We may talk about such statutory instruments in future happy moments, but today’s legislation is not about the labelling of products. Of course, we will have a whole new freedom once we leave the European Union in terms of labelling. I have talked about that in other policy areas—around obesity, for instance, with traffic light labelling.

The hon. Lady talked about 60 minutes of familiarisation not being realistic. Were there substantial changes, I suppose that that would not be realistic, no matter how fast one reads. However, businesses will need little familiarisation time, for the reasons that I have said.

Finally, the spokesperson for the Scottish National party, the hon. Member for Motherwell and Wishaw, talked about the importance of Scottish food exports. They are indeed very important to the country, including within the UK single market. That is why there is some level of consistency, and why we expect to have convergence across the four nations of the UK. That is very important for the internal market, and for Scottish food exports to the EU. I know what I would do if I represented a seat in Scotland and the Scottish food industry: I would ensure that we have a smooth and safe transition out of the EU at the end of March. There will be a golden opportunity for the hon. Lady to do that next week.

Resolved,

That the Committee has considered the draft General Food Hygiene (Amendment) (EU Exit) Regulations 2019.

Draft Contaminants in Food (amendment) (EU Exit) regulations 2019

Resolved,

That the Committee has considered the draft Contaminants in Food (Amendment) (EU Exit) Regulations 2019.—(Steve Brine.)

Draft specific Food Hygiene (amendment Etc.) (EU Exit) regulations 2019

Resolved,

That the Committee has considered the draft Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019.—(Steve Brine.)

Draft General Food Law (amendment Etc.) (EU Exit) regulations 2019

Resolved,

That the Committee has considered the draft General Food Law (Amendment etc.) (EU Exit) Regulations 2019.—(Steve Brine.)

Draft Nutrition (Amendment etc.) (EU Exit) Regulations 2019

Steve Brine Excerpts

Thursday 28th February 2019 General Committees

[The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)]

I beg to move,

That the Committee has considered the draft Nutrition (Amendment etc.) (EU Exit) Regulations 2019.

It is a pleasure to see you in the Chair, Mr Evans. I hope we can get through this Committee without talk of avocado—that will seem so random in Hansard, but I enjoyed it.

The people of the United Kingdom currently benefit from world-leading standards of safety and quality for nutrition and the regulation thereof. Our intention is that those high standards be retained and built upon following our exit from the European Union. The Department of Health and Social Care has prepared this statutory instrument to ensure that those high standards are maintained and that the UK possesses a functioning body of nutrition-related legislation that will uphold consumer protection standards and continue to safeguard our public health.

The SI covers a discrete aspect of nutrition legislation that is currently governed by EU law. It includes, first, the health and nutrition claims that food manufacturers can make for the foods they produce and sell to our constituents; secondly, the vitamin and mineral substances permitted for use in the food supplements that so many of our constituents take; thirdly, the vitamins and minerals that can voluntarily be added to fortify foods, such as breakfast cereals or soft drinks; and fourthly, the content of foods for specific groups such as young children, foods that are used for special medical purposes such as by people recovering from an illness, and total diet replacement foods for weight control purposes.

[Chris Stephens (Glasgow South West) (SNP)]

Can the Minister confirm that infant formula will be covered by the statutory instrument? How would he respond to the concern that many of us have about the fact that standards are currently set by the European Food Safety Authority, whereas other places, such as the US, have lower standards?

[Steve Brine]

I will come on to directly address the hon. Gentleman’s point about the replacement for the European Food Safety Authority; I thank him for raising that point. I mentioned foods for young children, which obviously addresses the other point that he made.

The instrument deals with an important area of legislation. Many thriving businesses operate in this space and employ many of our citizens. I reassure those citizens that our overarching aim is that businesses and other interested stakeholders seeking to submit applications, scientific dossiers, relevant files or notifications currently governed by the nutrition legislation amended by this instrument are not burdened with additional regulations or significant changes to the processes. Overall, our policy intention is to mirror the existing regulatory system and processes already in place as closely as possible, and the SI makes all the provisions necessary to do exactly that.

The amendments made by these regulations are primarily technical in nature. They include changing EU-specific references to ensure that they are effective in the UK after EU exit day, and transferring legislative functions from the European Commission to the appropriate UK authority. The amendments also ensure that all relevant EU lists, registers and annexes apply effectively from exit day, enabling continuity for businesses and maintaining the high standards already in place at EU level. Following exit day, any changes made at EU level will not apply in the UK, because clearly we will then be a third country.

One important change made by the SI is the transfer of functions from the European Food Safety Authority, which has already been referred to, to an appropriate expert committee in the UK. For nutrition and health claims, a new UK nutrition and health claims committee would assume responsibility for providing scientific advice to the four UK Administrations on any new claims made about products marketed within the UK’s borders. That committee would operate in a similar way and to similar timescales as the current EFSA process, providing further continuity to business. I am pleased to confirm to the Committee that the process for recruiting specialist members is well under way: high-calibre applications were received, interviews took place earlier this month, and the committee is ready to come into effect if required. We will announce its members shortly.

Regarding the devolved Administrations, the SI allows for the relevant Commission powers to be transferred to the Secretary of State here in England, Scottish Ministers, Welsh Ministers and, in Northern Ireland, the Department of Health in Stormont, thereby making provision for each of the Administrations to make their own legislation. In addition, if consent is provided by the devolved Administrations, the SI gives the Secretary of State the power to make legislation for the whole of the UK where that is appropriate and agreed to.

The devolved Administrations have been involved with the drafting of the regulations at every stage. I want to state on record that I am grateful for their continued collaborative approach in this area, helping to make sure that this policy continues to operate at the same high standards after our exit from the EU as it does now, as expected by Members of this House, by me and, most importantly, by the British public.

[Martin Whitfield (East Lothian) (Lab)]

The regulations specifically require the consent of the devolved authorities for the regulations to be made across the UK by the Secretary of State. As MP for East Lothian, may I welcome that explicit statement, which is perhaps lacking in some other instruments?

[Steve Brine]

Yes, you may.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

The Minister has not referred specifically to kava kava, a foodstuff that can have similar effects to alcohol and that was banned by the United Kingdom in 2003 because of the effects it can have on the liver. Under EU regulations, we could not ban the transit of kava kava. Once we have left the EU can we actually ban its transit? Many people are worried that these goods can be bought online and the transit of kava kava may be intercepted as it passes through the UK.

[Steve Brine]

I cannot say that I am familiar with kava kava, but because we are closely aligning in this area, everything that we have agreed to thus far would be transferred. After exit day, as I said, nothing new would be transferred, but it would then be for the body I mentioned that is being set up and members appointed to it, through accountability to me, to the Secretary of State and to this sovereign Parliament, to make any changes that it deemed were appropriate. I have a funny feeling that my right hon. Friend might return to this subject after exit day, and he would be entitled to do that. I dare say it would be one of the benefits of taking back control.

As the statutory instrument proposes no significant changes to the current regulatory regime, we estimate that there will be no significant impact on the public sector. Regarding the impact on industry, we have consulted with industry and other interested groups through our public consultation, which ran in December. Our analysis of the consultation showed that overall respondents were supportive of the proposals, but more detail was sought on how they might work in practice. We published our consultation response on Monday 25 February. We are confident that the guidance, which my Department is due to publish shortly, will provide all the additional details that respondents requested. I will ensure that, after publication, it is copied to members of the Committee, who I am sure will retain an interest in this matter after we leave Committee Room 9 today. Respondents should be reassured that our guidance is currently being tested with stakeholders to ensure that it is fit for purpose, and exposes industry and other affected parties to minimal procedural changes.

The British public and food manufacturers will not lose out in any way from the amendments contained in this statutory instrument as a result of Britain leaving the European Union. I believe it is important to stress again that the amendments will provide continuity for businesses and ensure that the exceptional standards of safety and quality for nutrition regulation already in place will continue long after our exit from the EU. I have said time and again publicly and before the Select Committee, and I will repeat again now, that there is nothing about us leaving the European Union that in our view will degrade our capability or responsibility to the British public in this area. I am not sure I can be clearer about that. I commend the regulations to the Committee.

--- Later in debate ---

[Steve Brine]

I am sorry to hear the hon. Member for Glasgow South West say that he will vote against the instrument. I do not think it is a terrible piece of legislation at all. It is sensible legislation that aligns us with the European Union after exit day, as is our intention.

The hon. Member for Washington and Sunderland West said that it is disturbing that we are still preparing for no deal. Well, it would be more disturbing if we were not. Bluntly, the House has an opportunity on or before 12 March to see that no deal does not happen. If it decides to decline that opportunity, it has another opportunity after 12 March to see that it does not happen. Last night’s votes in the House may have given an indication as to what that would be, but I could not possibly comment. The hon. Lady probably has the votes app on her phone as much as I do. In terms of who started this, well—

[The Chair]

Order. Can I say that I am finishing it?

[Steve Brine]

Maybe it is set in stone. Members can work out what I mean by that.

The hon. Lady asked lots of different questions. About the impact on business, we appreciate that there may be an additional administrative burden on companies that would have to submit claims to the UK and the EU if they wish to make the claim in both areas, but our intention is that procedures for submitting claims in the UK will closely follow those already in place for the EU. We have been in that family for some 40 plus years.

Leaving the European Union is a complex process, to put it mildly. It is not just about trade deals, reciprocal healthcare and citizens’ rights. It is about complex supply chains at every level of business, and there is a complex supply chain around nutrition regulation. It would be an act of foolishness on our part to diverge too far and we do not intend to do that. We estimate that the application paperwork should take only 30 minutes to complete, and rightly so.

In terms of future divergence with the EU, we will make sure that we continue to review the situation to make sure we stick to regulatory alignment with the EU, as deemed appropriate by the Government and ultimately by this House, which holds the Government to account. I am content, as is the Government, that the SI maintains regulatory standards and nutrition policy in a no-deal scenario, and therefore an impact assessment is not required. I have already said that businesses will have to spend a short time on administration.

We completed an equalities impact assessment. We found that the measures set out in the instrument do not have an impact on any of the protected characteristics as defined in the Equality Act 2010.

The hon. Lady asked why the consultation period was just 10 days. To be factual, it was not. It was 11 days—[Laughter.] That is #factualnews. A consultation’s duration is generally determined by the proposals it contains, and in this case we are proposing to mirror the existing regulatory regime as closely as possible, ensuring minimal disruption to business. With that in mind, we consider the consultation period to be entirely appropriate and in line with Cabinet Office consultation principles.

We received 31 responses to the consultation—a case of quality over quantity. We are pleased that they included responses from a broad spectrum of groups, including manufacturers, trade bodies, members of public and one local authority. The response was supportive of the proposals to mirror the existing regulatory framework, as I have already said. We are working with the Department for Business, Energy and Industrial Strategy’s business insight group—now there is a catchy title—to sight the industry on proposed guidance and to obtain its feedback.

Infants are deliberately not mentioned in the SI, because the issue does not apply on exit day. Our current policy intention is to make domestic legislation that is consistent with regulation 609/2013. That includes requirements for foods for special medical purposes developed to satisfy the nutritional needs of infants and for infant and follow-on formula, which are important. The Department will issue further advice on that once the EU exit position is clarified, which clearly is yet to happen.

I was asked whether the UK will continue to be a member of EFSA after we leave the EU. I have said no. The nature of our future relationship with EFSA will be subject to negotiation with the EU, and that is not just in terms of the withdrawal agreement. The SI provides for the appropriate expert committee—I appreciate that the acronym is not ideal—to assume EFSA’s functions in a no-deal scenario, which will guarantee certainty.

The hon. Member for Glasgow South West asked what will happen in relation to products banned in the EU after exit day. As I said in my opening remarks, products that EFSA approves after exit day will be for it to approve for the remaining member states. In terms of the relationship between our new committee and EFSA, we have a long tradition of close scientific collaboration with EFSA in this country. We value it greatly and very much hope and intend that to continue in the future. If EFSA makes a decision on a product, it would be most unlikely that our new committee, whatever it is called, would not take notice of that. We want to continue close regulatory alignment in this policy area so that the public have confidence and so that, returning to my first point, businesses do not face an undue burden in getting products covered in both areas.

Public Health England is in the process of recruiting specialist members for the UKNHCC, including the chair. The recruitment was open and transparent: it was advertised on gov.uk from 8 November to new year’s eve; high-calibre applications were received and the shortlisted candidates were interviewed last week. The committee is ready to come into effect if required. I do not have the names here, but I know that recommendations for appointments to the committee have been shared with the devolved Administrations. They have confirmed that they are content with the calibre and experience of the recommended individuals. Appointment letters will be issued shortly; once accepted, they will be published. I have already said I will publish that to members of the Committee.

Finally, guidance is being developed and tested with industry to ensure that it is fit for purpose, is closely aligned and clearly communicates to business any changes in the process that would occur in a no-deal scenario. That guidance will be published shortly—certainly before exit day, which we still hope will be 29 March.

[Mrs Hodgson]

On a point of clarity on the lack of mention of infants, I heard what the Minister said, but there is a lack of clarity on whether there will be a gap between the situation in the EU and the regulations here. Will that gap exist? Will there still be a difference? I know he is sort of saying that he cannot say what the position will be at the moment, but will he seek to ensure that there is no gap?

[Steve Brine]

Not only will I seek to ensure that there is no gap, but I will very much take that as feedback from Her Majesty’s Opposition on the regulations and ensure that it is fed through to the new committee as it is formed. I understand the concerns expressed by the hon. Lady and the Scottish National party spokesman in that regard.

Question put.

Dental Health: Older People

Steve Brine Excerpts

Wednesday 27th February 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)]

I realise that a debate on older people’s dental health is merely of passing interest to you, Mr Deputy Speaker, as you are many years from it being of direct interest, but I hope you enjoy my response.

I congratulate my good friend, my hon. Friend the Member for South West Bedfordshire (Andrew Selous), on securing time for this debate and on setting out his case so clearly. I will do my best to answer his points in the time available. As he knows, I will write to him on anything I do not answer.

Oral health has improved significantly over the 40 years that I have been alive. At the start of the NHS—it is worth noting this incredible statistic—40% of the population had no natural teeth. The figure is now—answers on a postcard—6%. These massive improvements are to be celebrated but, of course, with improvements come new challenges.

As we are all aware, older people—we categorise those aged over 65 as older people for the purpose of this conversation—make up an increasingly large proportion of the population. By 2032, we project there will be 13.5 million people aged 65 and over in our country. Older people are retaining far more teeth, often heavily filled, than previous generations. As people age, so do their fillings and all the other bits of their bodies, and ongoing restorative work is needed.

Many older people live independently and are in full charge of their oral health, as are working-age adults, but we recognise that frail older people—those with additional needs, often living in care homes or supported to remain at home, as my hon. Friend set out—can face real barriers to accessing the appropriate care and support they need to maintain good oral and dental health.

My hon. Friend set out some of the reasons why good oral health is an essential part of active ageing. We know that poor oral health can affect an individual’s ability to eat, which can lead to an acute episode and an encounter with the tertiary sector, or even to speak and socialise. Obviously, poor oral health hits their confidence and then it spirals. For older adults who are frail, good oral health is particularly important to maintaining hydration and the ability to eat comfortably and easily, which helps them to stay healthy and independent for as long as possible, and even to stay well in a care home setting.

As we set out in our 2017 manifesto, we are committed to improving the nation’s oral health, from children right the way through to older people. The NHS long-term plan, published last month, set out our plans specifically to ensure that individuals in care homes are supported to have good oral health. My hon. Friend raised that point.

The long-term plan national implementation framework, due to be published later this spring, and the national implementation plan, due to be published this autumn, will provide further information on how the LTP will be implemented, but I will now turn to the five specific issues raised by my hon. Friend.

[Andrew Selous]

The Royal College of Surgeons obviously raised concerns about people who use domiciliary care agencies. While there is still time, will it be possible for the NHS long-term plan to address that issue, too, so that we look after all older people whatever type of care they receive, not just those in care homes?

[Steve Brine]

I will touch on that, but I take my hon. Friend’s point. I will make sure it is flagged up in writing as a note from me, the Minister, to the relevant officials as a response to this debate.

In 2016, the National Institute for Health and Care Excellence published its “Oral health in care homes” report, which was an important piece of work. As we know, it set out a number of recommendations for care homes to help maintain and improve oral health and ensure timely access to dental treatment for their residents. In dental health, as in every other part of health, prevention is better than cure.

I completely agree that we expect care homes to follow NICE guidance and NICE recommendations in this area, as in every other. Alongside the importance of appropriately trained staff, my hon. Friend makes an important point about the role regulators can play in this area.

The Care Quality Commission is responsible for this area, as it is for many other areas of policy, and it is currently looking in depth at oral health for older people in residential care settings, and much needed that is, too. So last autumn, the CQC’s dental inspection teams joined adult social care inspectors on visits to about 100 care homes to gain a better understanding of the oral health care support for residents. I know that the CQC intends to publish the findings later this year. I have asked to be kept updated on the progress of this work and to have early sight of its findings. I will update the House and my hon. Friend in particular on this, given his interest and the fact he is a member of the Health and Social Care Committee. I will make sure the rest of the Committee are aware of this as well.

We should also recognise and highlight the ongoing work of NHS England and Public Health England, which I sponsor within my portfolio, to improve the oral health of vulnerable older people. As is referred to in the long-term plan, NHS England considers oral health for older people, particularly those in care homes who may be vulnerable, an important issue. I have asked also to be kept updated on progress as NHS England takes forward action on this and other areas highlighted in the plan.

Public Health England has published “Commissioning better oral health for vulnerable older people”—a snappy title—which is designed to support commissioners of services to improve the oral health of vulnerable older adults so that they can lead a healthy, long and meaningful life outside the acute sector. My hon. Friend highlighted the Mouth Care Matters programme, which, as he says, is a local training initiative from Health Education England offering support and training in oral healthcare for the elderly and for hospital staff looking after patients who may need help with mouth care. I know the programme has been very successful locally in Kent, Surrey and Sussex. Decisions on whether to extend the training more widely are for HEE, but I would hope the success of the programme to date means that HEE is able to take it forward to new areas in the longer term, including to his county. I cannot give the nationwide answer that he asked for in his speech, but I suggest that the early signs are positive.

On access to dental services currently, NHS England is legally responsible for commissioning services to meet local identified need, and that includes the commissioning of domiciliary care services, where appropriate. However, it is important to say that where residents can, the care home and the local NHS work together, often very successfully, to ensure that dental services are provided in the most appropriate setting for those residents, whether that is within the care home itself or in a dental practice, or provided by the community dental service. Often people in care home settings will enjoy the trip out to the dentist; it is part of their socialisation and their routine, and we should not overlook that.

I note my hon. Friend’s concerns about the availability of oral health data, particularly for the older age groups. I agree that the adult dental health survey is an important tool for understanding oral health changes over time. I can reassure him that although there is not yet a date set for the next survey, no decision has been taken to discontinue this important source of information. I take this debate as a bit of a nudge to ask more questions about this. If my hon. Friend looks at my track record, for example, on the cancer patient experience survey, which I was clear was an important tool to give me information about cancer patients’ experience, he will see that I place value on such patient health surveys. In the shorter term, I agree that the regularly published NHS dental statistics on numbers of people seeing an NHS dentist could provide more helpful information by analysing the data by age. I am going to ask my officials to work with NHS England and NHS Digital to pursue this further, and I will ensure that my hon. Friend is kept informed on that point.

My hon. Friend made a point about the social care Green Paper, which remains very much a priority but is not yet in reach. The Green Paper will cover a range of issues that are common to all adults with care and support needs, and will bring forward proposals to ensure that we have a social care system in which people know that the care they receive will help them to maintain their independence and wellbeing, and that we have a social care system that we can be proud of. We will publish the document shortly, and it will set out proposals to reform the adult care system. I take the points made by my hon. Friend about the importance of including dental and oral health in the Green Paper. I will make sure that a copy of this remarks is sent to the Minister for Care, my hon. Friend the Member for Gosport (Caroline Dinenage).

In the remaining few minutes, I wish to touch on the prevention Green Paper. We set out our prevention strategy last year, and it is one of the Secretary of State’s three priorities. We are now in the process of developing the prevention Green Paper, which is an exciting piece of work with which to be involved. It will be called “Prevention is better than cure” and will do exactly what it says on the tin. I will engage with key dental stakeholders—including the British Dental Association, Mr Deputy Speaker, so there is no need to tweet me—in the coming weeks. I look forward to those engagements.

In conclusion, although I am disappointed not to have heard from the hon. Member for Strangford (Jim Shannon) during my speech, I know he has already intervened, and I am pleased that we have had the opportunity to discuss these issues. I think this is the first time I have responded to an Adjournment debate on this subject, and I have responded to quite a few. I hope I have been able to demonstrate the Government’s commitment to improving oral health. Of course there is more to do, and that commitment absolutely includes work on the oral health of older people in care homes, as set out in the long-term plan, and in domiciliary care settings. Our plans to engage in the coming weeks with key dental stakeholders on the development of the prevention Green Paper are honest and sincerely meant. I will continue to watch the work of the CQC and the outputs of its report with interest, and I will follow up on the dental survey so that we have the key data we need to improve services for the people we are here for—our constituents.

Question put and agreed to.

Foods Standards Agency: Contingencies Fund Cash Advance

Steve Brine Excerpts

Monday 25th February 2019 Written Statements

[The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)]

The Food Standards Agency (FSA) is seeking an advance from the Contingencies Fund to meet its cash funding obligations relating to preparation work for EU exit. This work has been ongoing throughout this financial year to ensure day one readiness ensuring food safety, supply and security.

Parliamentary approval for additional resources of £11,000,000 and capital of £3,000,000 will be sought in a supplementary estimate for the Food Standards Agency. Pending that approval, urgent expenditure estimated at £10,000,000 will be met by repayable cash advances from the Contingencies Fund.

The advance will be repaid upon Royal Assent of the Supply and Appropriation (Anticipation and Adjustments) Bill.

[HCWS1354]

NHS Prescription Charges

Steve Brine Excerpts

Thursday 21st February 2019 Written Statements

[The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)]

My right hon. Friend the Parliamentary Under-Secretary of State (Baroness Blackwood) has made the following written statement:

Regulations will shortly be laid before Parliament to increase certain national health service charges in England from 1 April 2019.

In the 2015 spending review, the Government committed to support the five year forward view with £10 billion investment in real terms by 2020-21 to fund frontline NHS services. Alongside this, the Government expect the NHS to deliver £22 billion of efficiency savings to secure the best value from NHS resources and primary care must play its part.

This year therefore, we have increased the prescription charge by 20 pence from £8.80 to £9 for each medicine or appliance dispensed. To ensure that those with the greatest need, and who are not already exempt from the charge, are protected, we have frozen the cost of the prescription pre-payment certificates (PPC) for another year. The 3 month PPC remains at £29.10 and the cost of the annual PPC will stay at £104. Taken together, this means prescription charge income is expected to rise broadly in line with inflation. Charges for wigs and fabric supports will also be increased in line with inflation. Details of the revised charges for 2019-20 can be found in the table below:

Sunbed Use: Health Implications

Steve Brine Excerpts

Wednesday 13th February 2019 Westminster Hall

[The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)]

It is a pleasure to see you in the Chair, Mr Hosie. I thank my hon. Friend the Member for Mid Derbyshire (Mrs Latham) very much. We use the term “hon. Friend” a lot in this place, but she knows that she is my very good friend as well as my hon. Friend. Well done to her for securing the debate.

I was interested to hear the word search statistic from my shadow, the hon. Member for Washington and Sunderland West (Mrs Hodgson). It was very interesting, but not at all surprising. The hon. Lady and I spend a lot of time in Westminster Hall, but this is not an issue that we have covered before, although we have obviously covered cancer a lot. This issue affects so many people’s lives. We heard from my good and hon. Friend about how it has impacted on her family and, as the hon. Member for Washington and Sunderland West said, it was very good to hear that she herself has managed to deal with it successfully.

I do not know about other hon. Members, but sunbeds feel very 1980s to me. As someone who was at secondary school in the 1980s, I thought that they had been left behind there, because we do not hear much about them these days, but it occurs to me that there is a large sunbed salon in my constituency of Winchester. There is a reason why the 1980s came into my mind. Hon. Members may remember an episode of “Only Fools and Horses” called “Tea for Three”. The infamous character Trigger has a niece whom Del and Rodney remember from her much younger years and who comes to stay with Trigger for a period. The niece, Lisa, is now 25 and—well, let’s just say that she has matured into a very attractive young lady. Del and Rodney set out to impress her, both thinking that they have a chance. I remember the episode well, and the reason why it is relevant to the debate is that Rodney decides to lie on the sunbed in the flat at Nelson Mandela House to improve his look for young Lisa and falls asleep. Del then turns up the dial, and Rodney spends the rest of the episode with a bright red face—in many ways. It is interesting that tanning was portrayed in that sitcom as a technique to attract the ladies. It backfired, as everything seemed to, on poor Rodney, but it was interesting how it was used and it explains why I connect sunbeds with the 1980s. As we have heard today, however, sunbeds and their impact are very much current phenomena.

As my hon. Friend is keenly aware, there are huge health consequences from exposure to both natural and artificial ultraviolet radiation. The most significant is of course skin cancer, which we have talked about, but there are other impacts, such as sunburn, which is very unpleasant and uncomfortable, accelerated skin ageing—the “prune” factor that we have discussed—eye inflammation, which my hon. Friend the Member for Ayr, Carrick and Cumnock (Bill Grant) mentioned, and temporary immunosuppression. Importantly, though, there are measures that we all know we can take to reduce the impact of exposure to UV radiation from the sun, such as using sunscreen and seeking shade. Equally, there are many precautions that should be taken when using sunbeds, such as only using a staffed facility that provides guidance to users and limiting regular use of a sunbed. I will come on to those two points. Younger people who use sunbeds are at greater risk, which is why in 2011, regulations were introduced banning the use of sunbeds by under-18s in England and Wales, as we have heard.

Melanoma skin cancer is one of the most common cancers in the UK today. About 15,500 new cases of melanoma are diagnosed each year and more than 2,000 people die every year in the UK from melanoma. In recent years, skin cancer has become much more common in the UK, which is thought to be the result of increased exposure to intense sunlight on holidays abroad. Many people these days can afford foreign holidays, which come with much fun but also many dangers. It is worth noting that more than one quarter of skin cancer cases are diagnosed in people under 50, which is unusually early compared with most other types of cancer. Cancer Research UK estimates that 86% of skin cancers are preventable. I often say in Westminster Hall debates—my shadow will have heard me say this many times—that two thirds of cancers are down to bad luck and one third of cancers are preventable. When we consider the high percentage of skin cancers that are preventable, we realise that this is an area where we can move the dial in the prevention space. That is why I am interested in today’s debate and so grateful to my hon. Friend the Member for Mid Derbyshire for initiating it.

My hon. Friend referred to the many people who would not have skin cancer if they had not used sunbeds. It is difficult to be certain about how many cases of skin cancer are due to sunbed use, as most people will also have had natural exposure to UV from the sun. Obviously, there are a few people who have skin conditions that mean that they must remain 100% covered up or who do not go outside, for other health reasons. It is vital—my hon. Friend made this point very well, as did others—that the public are fully aware of the risk from their overall exposure to UV and how to minimise the risks.

We have not mentioned vitamin D much in this debate. Vitamin D is a hormone that is very important in musculoskeletal health, and vitamin D synthesis is triggered in the skin through exposure to UVB, including from sunbeds. However, we do not advise people to use sunbeds to enhance vitamin D levels, because any beneficial effect of increased vitamin D synthesis is outweighed by the adverse effects that we have heard about in the debate. We recommend alternative sources of vitamin D, such as dietary supplements.

Public Health England, for which I am responsible, discourages the use of sunbeds for cosmetic tanning, and rightly so. Those individuals who have very fair skin, who burn easily in the sun—I think of the hon. Member for Linlithgow and East Falkirk (Martyn Day) when I say that, and it certainly applies to me—or who have had skin cancer previously would be at increased risk and obviously are advised not to use a sunbed. This is the point that the hon. Member for Rhondda (Chris Bryant) made about the race that we are and the part of the world in which we live.

The Be Clear on Cancer campaigns, which Public Health England leads on behalf of the Government, are designed to raise the public’s awareness of specific cancer symptoms, encourage people with those symptoms to go to the doctor, and promote the diagnosis of cancer at an early stage. We are about to roll out the next iteration of the Be Clear on Cancer campaign, about cervical cancer, on which there was a big debate in this Chamber last month, and we have had the campaign on breast cancer in the past. It is fair to say that there is no shortage of applications for the next iteration of Be Clear on Cancer. And often we are limited in what we can do in those campaigns in relation to the impact that people would then be driven into the health service. However, one of the things that I will take away from this debate is that it would be well worth my placing on the radar of the Be Clear on Cancer team melanoma and skin cancers generally for the campaign as we roll it forward. That will hopefully be one positive outcome from the debate.

It is critical—it is important that Health Ministers say this at the Dispatch Box—that people are aware of their skin. They need to be skin aware—in the same way as so many women have, hopefully, been trained to be breast aware—and to seek advice from their GP if they notice any changes, particularly in terms of moles that itch, bleed or change shape. I remember being taught that as a youngster and I wonder whether the younger generation are still as aware of that health message, but Be Clear on Cancer is something that we can look to with hope.

Let me touch on regulation. The Sunbeds (Regulation) Act 2010 came into force in April 2011 in England and Wales, as has been mentioned, to prohibit under-18s from using sunbeds. Restrictions on sunbed use by under-18s also apply in Scotland and in Northern Ireland. Guidance has been provided to support local authorities’ authorised officers in successfully implementing the Act, by providing information on the duties of businesses and how to carry out inspections. The local environmental health departments in England are responsible for monitoring and inspecting sunbed salons everywhere, except those situated in local authority leisure centres, which are regulated by the Health and Safety Executive. It is worth making that distinction.

My hon. Friend the Member for Mid Derbyshire talked about banning sunbeds. Should they be banned? A range of options to minimise the adverse effects of sunbeds has been considered. Public Health England has contributed to the most recent World Health Organisation review, published in 2017, on the public health interventions to manage sunbeds. Banning sunbeds was one option under consideration, but the adverse impacts need to be considered carefully to avoid unintended consequences, such as increased use of home machines—like Del and Rodney had—with more harmful impacts.

We have to be aware of the unintended consequences. One of the unintended consequences of banning the use of commercial sunbeds by under-18s was the opening of a market for home hire of second-hand sunbed equipment and sunbed parties—believe it or not. I have been to many parties in my time, but I have yet to be invited to a sunbed party. The mind boggles—it is probably best to leave it there. My swimming trunks have not had an outing for years, but that is probably for the best. It is vital to equip people with the information to avoid the risks of over-exposure to UV radiation. In this way, we empower individuals to protect themselves from UV sources.

Before I address prevention, diagnosis and treatment, I will respond directly to my hon. Friend’s suggestion that sunbeds should be banned. I think we need to look at the regulations again, as the shadow Minister mentioned. They have not been changed for a number of years. My hon. Friend has brought this issue to this Chamber with great force, intelligence and evidence. Now is a good time because we have published the prevention strategy and we are working on a Green Paper on prevention. I am interested in any and every idea that is related to prevention.

As a Minister, I am often given papers by officials, and stuff to look at and sign off. However, in this process of preparing the Green Paper on prevention I can say to my officials, “I want real blue-sky thinking here. I want you to look out into academia, to see where the really interesting and cutting-edge work is going on around prevention and future prevention.” This Green Paper process is really open-minded and based on open-source planning. If we look at the evidence and think that banning the commercial use of sunbeds, while taking into account the possible unintended consequences, could be part of prevention, I will not rule it out. I absolutely do not rule that out.

Wherever possible, the aim is to prevent skin cancer from developing in the first place. I met Melanoma UK at the Britain Against Cancer conference just before Christmas. It has a fantastic team, who I am sure have been very helpful to my hon. Friend ahead of today’s debate. I am proud to say that Public Health England and Melanoma UK have had great success in raising awareness of the risks, and the actions to take to reduce the risk of exposure to the sun and the use of sunbeds. The Health and Safety Executive plays a vital role in raising awareness through leaflets and posters, reflecting its guidance for tanning salons and their customers about the safe operation of sunbeds. My hon. Friend used many quotes from people who are engaged in this issue. One interesting quote was from the lady who runs a salon and said that she wants people to feel good about coming into her business, and that sending people away with a potentially life-threatening condition is not a good look for any business. That was an important point.

A tan may give you a so-called healthy glow. The hon. Member for Ayr, Carrick and Cumnock pointed to the magazines and the media image: people always have that healthy glow. However, I have never thought of a good tan as a healthy glow. The National Institute for Health and Care Excellence guidance, published in February 2016, is clear that there is no healthy way to tan. The idea that there is such a thing as a healthy tan, as my hon. Friend said in her opening remarks, is a myth. Any tan can increase your risk of developing skin cancer, whether through natural or artificial UV, and getting a tan does very little to protect your skin from the harmful effects of the sun, which is my hon. Friend’s fundamental point.

NICE, NHS England and cancer charities, including Cancer Research UK and Macmillan, are all clear that if you want browner-looking skin, fake tan is the way to go. It is much safer to use a fake tan product on your skin than to sunbathe or use a sunbed. As the expression goes, “Fake it, don’t bake it”. I think that is what they say in the Department of Health and Social Care these days. I do not know whether you are aware of that, Mr Hosie.

I hope that I have covered a lot of the points that have been raised. I hope that I have demonstrated the Government’s commitment—my commitment—to improving outcomes for people in this country living with skin cancer, and the many more who are at real risk of developing this disease. The Government’s ambitions outlined in the long-term plan for the NHS, the Secretary of State’s prevention strategy, and the Green Paper will ensure that we strive to do even better over the next decade. In conclusion, I agree completely with the hon. Member for Linlithgow and East Falkirk that, while we learn a lot in this place, there is a lot of repetition in many of the debates, but that this debate has not been one of those.

Mental Capacity (Amendment) Bill [Lords]

Steve Brine Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 12th February 2019 Commons Chamber

[Chris Bryant]

Yes. The Government have effectively already said that, but to be really nasty, we should have had the code before today, in all honesty, even if it was only in draft form, so that we would be able to see what we are really talking about, and I would then not have been talking about these amendments.

I want to bring my remarks to a close as soon as I can. We need to build in an incentive to make sure that there is proper neurorehabilitation provision for people with acquired brain injuries. All too often, patients and carers in this field feel as though they are being processed. That is not because health clinicians are nastily minded, but because people sometimes end up having to deal with so many different departments that they feel as though they are being pushed from pillar to post. That is why it is really important that the Government strike the right note when it comes to the next stage of introducing the code.

Amendment 1 simply says that

“the Secretary of State must lay before Parliament a report on”

the “likely effects” of the Bill on ABI before it comes into effect. Amendment 2 requires the “relevant person”, who could be somebody managing a care home, to consider

“the effects of any treatment undergone by the cared-for person, including prescription brain injury rehabilitation therapy”

in addition to the length of time since the assessment was originally made. Amendment 3 would mean that an authorisation that was not renewed would lapse after 12 months, after a time specified in the original authorisation, or, as I would like it to be,

“at the end of a period of prescription brain injury rehabilitation therapy”.

I think that is key to making sure that there is an incentive to ensure that therapy is provided. Amendment 4 refers to the renewal of an authorisation and requires the responsible body to take into account

“any treatment to be undergone by the cared-for person, including prescription brain injury rehabilitation therapy”.

I do not think that any of those amendments would do the Bill any harm—no harm at all—and I am feeling a bit more grumpy with the Minister than I was yesterday when I met her, so who knows? We might end up voting on them.

[The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)]

It is good to see the hon. Gentleman on his feet, but I hate to see him grumpy. He will have my response to his all-party group next week. I promised him a recommendation by recommendation response to his report, the launch of which I attended, and he will have it next week.

[Chris Bryant]

I am very happy with this Minister, but the other Minister—

[Steve Brine]

She’s nicer than me.

[Chris Bryant]

That is true, but she has to prove her mettle on this. I do not mean that in a nasty way; I simply mean that we want some changes.