Draft Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021

Victoria Prentis Excerpts

Thursday 11th February 2021 General Committees

[The Chair]

Before we begin, I remind Members to observe social distancing and to sit only in places that are clearly marked. Mr Speaker has stated that masks should be worn in Committee, except when Members are speaking. Hansard colleagues would be most grateful if Members will send their speaking notes to [e-mail].

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

I beg to move,

That the Committee has considered the draft Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021.

It is a pleasure to serve once again under your chairmanship, Mr Robertson.

The draft statutory instrument, which was laid before the House on 9 December 2020, has two main purposes. First, it will make technical amendments to the Fertilisers and Ammonium Nitrate Material (EU Exit) Regulations 2019, to correct certain inconsistencies that have arisen in the light of the Northern Ireland protocol. Secondly, it will apply the provisions of the retained EU law version of regulation 2003/2003 to Northern Ireland, subject to modifications. That will enable the marketing of UK fertilisers in Northern Ireland, which was the intention of the original exit SI before the Northern Ireland protocol was agreed.

The previous SI was made in 2019. It replaced the “EC fertiliser” label with a new “UK fertiliser” label, which was to function in the same way. That “UK fertiliser” regime would have operated across the whole of the UK from the end of the transition period. However, we agreed the Northern Ireland Protocol and, as a consequence, the SI needs to be updated. This draft instrument will apply the provisions of the retained EU law version of regulation 2003/2003 in Great Britain to Northern Ireland, subject to modifications, in order to enable UK fertilisers to continue to be marketed in Northern Ireland.

By way of context, the regulatory framework for the manufacture and sale of fertilisers is unusual compared with that of other agricultural products, as fertilisers are partially harmonised at EU level. That means that member states may operate their own domestic regulatory regimes alongside the European regulation of the EC fertiliser regime, which is provided for in EU regulation. Accordingly, alongside the EC fertiliser regime, Great Britain and Northern Ireland have historically operated separate domestic regulatory regimes under the Fertilisers Regulations 1991 and the Fertilisers Regulations (Northern Ireland) 1992, respectively.

Manufacturers in both GB and NI, therefore, have several routes to market and are free to choose which framework to use, although they must of course comply with the requirements of whichever regime is chosen. For example, they would need to be established within the EU or NI to sell EC fertilisers in Northern Ireland. The key provision of the draft instrument is to ensure the retained GB version of EU regulation 2003/2003, which allows products to be marketed as a UK fertiliser, applies in Northern Ireland, as was originally intended in the 2019 exit SI.

Given the partial harmonisation of fertiliser legislation, making the UK fertiliser regime applicable in Northern Ireland does not affect the continued application of the EU version of regulation 2003/2003, which will continue to apply in Northern Ireland by virtue of the protocol.

The draft SI is important, as a common route to market across the UK for fertilisers is required, so that a manufacturer in Great Britain who only trades in the UK may market products across Great Britain and Northern Ireland and use one label to do so. Although there are several routes to market for UK producers, there are particular concerns that, without this SI, the supply of certain products that are regulated under this regime—for example DMPSA, a nitrification inhibitor—would be reduced and that in turn could impact on the sustainability of UK food production.

We worked with the devolved Administrations on this SI, and they have given consent. The draft instrument is necessary, as I have explained, because it makes technical amendments in the light of the Northern Ireland protocol and will ensure that we can continue to operate a unified fertiliser regime across the UK. It will make life easier for manufacturers because they will be able to use one label. I commend the draft regulations to the House.

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[Victoria Prentis]

I am pleased that the hon. Gentleman has been in touch with the Agricultural Industries Confederation, which is of course the body that is most involved in this area. We work with it very closely as a Department. I will deal first with the detonation resistance test issue. We have passed legislation that allows the DRTs to be accepted, if they originate in the EU, until December 2022. That should give us time to conduct our reviews, and I will briefly set out a bit about where we intend policy to go.

We feel that the existing domestic regulatory regime for fertilisers in both GB and NI is outdated and in need of some modernisation. Leaving the EU and the current modernisation of regulation that the EU is conducting at the moment, which I think is due to be published in July 2022, gives us an opportunity to undertake a full review of our domestic framework. I would enjoy talking further to the hon. Gentleman about that outside the Committee.

Although I do not speak with the elegance of the Minister in the Lords, I do not think we will necessarily be following the American model or the EU model. We will go for the UK model in future. As I said in my opening speech, fertiliser regulation is quite unusual, because there has always been both a domestic set of regulations and an EU set of regulations. In many ways, perhaps it can provide a model for other types of regulations that are open to us in the future, so I do not think there is any need to take either one path. What is important is that we work with the Agricultural Industries Confederation, farmers and growers, and that we make the best regime for us in the future.

New powers relating to fertilisers in the Agriculture Act 2020 mean that we are now well placed to take forward the new work. We are starting the process of engagement with growers at the moment. We will of course undertake a public consultation to inform our views of where the legislation should go.

We began the process of review by considering how to use the provisions of the fertilising products regulation that became retained EU law to put in place a conformity assessment framework for fertiliser manufacture in the UK going forward. New policy will be informed by the findings of the nutrient management expert group, which has been tasked with identifying evidence-based options for reducing diffuse pollution by fertilisers, for example. We aim to have done a full consultation on the options by the end of this year. The final framework should become fully operational in the next few years.

I was asked about divergence specifically. I have dealt with that partially, but I will say that we will work with growers and other stakeholders and then consult on our new regulations. That will take into account any potential risks and impacts of divergence from EU rules. Any potential divergence is likely to be connected to some of the very detailed and technical requirements around fertiliser content and guidance on usage. As I said right at the beginning, there has always been a level of what I call divergence, for want of a better of word—a level of difference—in the regulatory regimes in this area.

[Daniel Zeichner]

I accept that point, but surely the difference will be that, should we end up with a different set of rules in future, that will create a different regime for Northern Ireland, inevitably. Will that not inevitably lead to additional cost—not immediately, but after 2022?

[Victoria Prentis]

I do not feel that our trade and future relationship with the EU should be affected by the extension of the “UK fertiliser” terminology to Northern Ireland. The EU fertilisers regulation will continue to apply directly to Northern Ireland by virtue of the NIP, so trade in EC fertilisers will continue in Northern Ireland. I think that is without prejudice to the EU’s fertilisers regime.

We will look at all such matters closely. Fertilisers are quite special in the way that they have been regulated in the past. It is important that we work with the industry to make our new regulatory framework, and I have no doubt that we will be able to do that in a perfectly satisfactory way.

With that, I commend the draft regulations to the Committee.

Question put and agreed to.

Covid-19: Zoos and Aquariums

Victoria Prentis Excerpts

Monday 8th February 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

I thank the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy) for securing this important debate. She is right to be proud of The Deep. It is the largest aquarium in the UK and an international player in marine conservation. It was lovely to hear more about some of the animals and other creatures for which it cares so well, and to hear the passion with which the hon. Lady spoke about them.

I also thank hon. Members from across the House for their extensive engagement with the Department for Environment, Food and Rural Affairs on zoos and aquariums since the outbreak of the pandemic. The hon. Lady will remember—as may you, Mr Deputy Speaker —that the last Adjournment debate on this subject went on for some three hours. I do not know that this one will, but I single out two hon. Members who would like to be with us: my hon. Friend the Member for Romford (Andrew Rosindell), already referred to, who chairs the all-party parliamentary group; and my hon. Friend the Member for South West Bedfordshire (Andrew Selous), who has the honour to represent Whipsnade and has made a lot of the running in this area.

I thank the zoos, aquariums and wildlife sanctuaries that have worked so hard to ensure the welfare of the animals in their care. Zoos, as we have heard, contribute to conservation and education, helping both to sustain endangered species and to teach us all about animals’ natural habitats. We know, too, how hard zoos have worked to provide well managed covid-secure spaces, when they have been permitted to open. We ensured that the outdoor areas of zoos could open after the first lockdown, and we allowed those areas to remain open in tier 4 before Christmas.

We will continue to press the case for zoos to be allowed to open as it is safe to do so. A great deal of work on the procedure for reopening is under way, and our officials are working very closely with the sector on safe guidance for that. We understand the particular issues of indoor areas, to which the hon. Member for Kingston upon Hull West and Hessle referred.

I reassure the House that Government support schemes remain in place and available for zoos to access. Zoos can apply, and are applying heavily, for furlough, VAT deferral, business rates relief, the business interruption loan schemes, the option to reclaim the costs of statutory sick pay, and ordinary hospitality and leisure grant funding.

In addition, as we heard, we set up the zoo animals fund to help zoos at immediate risk and to prevent the unnecessary euthanasia of animals. The priority of the fund is to ensure that animal welfare is maintained. This fund, together with its predecessor, the zoo support fund, has supported a wide variety of zoos, both large and small. We are continually keeping the fund under review, and it is fair to say that we have already made significant changes to it. We now allow claims not just for feeding livestock but for maintenance and repair, for example, and we have extended the fund to run until the end of the month to allow for the impacts of the latest lockdown. We now also allow zoos to claim when they have reached their last 12 weeks of reserves, and they can start the application at any point in the run-up to that period. I would strongly encourage zoos to apply to the fund .

I am aware that The Deep is in conversation with my officials, and I know that it has furloughed staff and tried hard to reduce its running costs. I am also aware that it has received a substantial loan from the coronavirus business interruption loan scheme. I have talked to Lord Goldsmith, who leads on this policy area, about this again today, and we will continue to monitor the effectiveness of the fund with a view to ensuring that it is meeting its aims. We have already made changes to the zoos fund in order to move flexibly and adapt to the changing circumstances of the pandemic. I know that Lord Goldsmith will be following this debate with interest, and he has asked me to reassure the hon. Lady and the House that the fund is very much being kept under active review. I can assure the House that the Government fully appreciate the value of well-managed zoos to society, and I am very much looking forward to the day when they are able to open again and we can all visit them.

[Mr Deputy Speaker (Mr Nigel Evans)]

Me included.

Question put and agreed to.

Animal Welfare (Sentencing) Bill (First sitting)

Victoria Prentis Excerpts

Committee stage & Committee Debate: 1st sitting: House of Commons
Wednesday 3rd February 2021 Public Bill Committees

[Daniel Zeichner (Cambridge) (Lab)]

It is a pleasure to serve with you in the Chair, Dame Angela, particularly given your long record of fighting for animal welfare.

I want briefly to echo many of the comments made by my hon. Friend the Member for Plymouth, Sutton and Devonport. Labour entirely supports the Bill and would like it to have reached the statute book years ago, when the previous Member for Redcar introduced its first iteration to the House in 2016. It is disappointing and frustrating that it has taken so long to get to this stage, and that the Bill is the second of its nature to be considered in Committee. I congratulate the hon. Member for West Dorset on his perseverance and wish him luck in getting the Bill on the statute book. We are concerned about time running out and, as my hon. Friend has said, we are looking for guidance from the Minister and want to hear that the Government will get behind the measure. We urge her to be clear about the timetable.

We fully back the Bill. It is imperative that those who perpetrate cruelty against animals should be subject to a penalty that matches the seriousness of their crime. It is clear that the maximum penalty in England and Wales of six months in prison, an unlimited fine and being banned from keeping animals is inadequate. Many of us were present on Second Reading and heard numerous examples of sentences whose severity simply did not match awfulness of the crimes.

There is already a five-year maximum sentence in Northern Ireland, and Scotland matched that in July. It seems to us that we need parity of sentencing across the UK and an end to the bewildering state of affairs whereby England and Wales are left with some of the lowest maximum sentences in the world.

As my hon. Friend has said, there are concerns that we want briefly to explore through our amendments. We very much agree with the previous MP for Redcar, who introduced the first Bill, that the filming of cruelty against animals should be considered an aggravating factor by courts in considering the offence. It is already listed as one in the sentencing guidelines to the 2006 Act, but we think it is important that that should be in the Bill.

We have heard that one of the overwhelming issues in the deeply distressing case of Baby the bulldog was the fact that those involved filmed themselves. People not only abusing animals, but recording it and, nowadays, sharing it on social media, with the intention of glorifying and amplifying the abuse, should be taken into account.

We are in a changing world. The Internet Watch Foundation is close to the Cambridge and frequently tells me about its work, which is an ongoing struggle in the online world. Exactly as my hon. Friend said, I hope the Minister will have a word with her colleagues in DCMS about making sure that that aspect of the matter is taken into account in any future legislation.

As the available technology changes, the law must keep up. To abuse innocent animals and, not only that, to record the abuse for entertainment shows, I am afraid, a malicious intent that should be considered an aggravating factor in sentencing.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

It is a great pleasure to serve with you in the Chair, Dame Angela.

The very unfortunate delay in the passage of the Bill was caused, as hon. Members across the House will understand, by the need to find an appropriate parliamentary slot in what has been a stretched timetable in the past few years. We have had to deal with Brexit and then, of course, we were hit, just as every workplace has been, by the covid pandemic. That naturally reduced the number of hours we could sit, and severely curtailed what we could do, but I reassure Members that the Government are absolutely committed to increasing custodial penalties in sentencing for animal cruelty. We will do all we can to support the Bill’s swift passage through both the Commons and the other place.

Perhaps I may have a useful conversation with Opposition Members about how we all work together to manage that. This morning, I had a very useful conversation with Mr Speaker about the Bill, and he is a big supporter of animal welfare. We all wish the Bill—and its champion, my hon. Friend the Member for West Dorset—well during the next stages of consideration. The more we can do to work together, the better.

Both hon. Gentlemen who have spoken mentioned the great deal of consensus across the House on the passage of the Bill. Sadly, we have also heard once again about Baby the bulldog. That tale gets no easier in the retelling. I thank both hon. Gentlemen, who set the scene well. I am, I am afraid, going to resist the amendment, not because I do not agree with their sentiments, but because I am not sure that it is the best way in which to deal with the issue.

Aggravating factors are most often dealt with in the sentencing guidelines for an offence, not within the statute. A select number of offences relating to terrorism and domestic violence are exempt from that general rule. For most offences, normal practice is for other aggravating factors to be included in the sentencing guidelines. Those are not unimportant documents. From my experience as a lawyer, I know that the courts are required to follow those guidelines when determining the appropriate sentence in any particular case.

The sentencing guidelines on animal cruelty were drawn up by the Sentencing Council and were last reviewed in April 2017, following public consultation. Those include guidelines on

“the use of technology to publicise or promote cruelty”,

which is already considered an aggravating factor. The Department for Environment, Food and Rural Affairs has been in contact with the Sentencing Council about the Bill and, if we park the Bill, the council will need to reassess its guidelines. It will conduct another review. It will also consult publicly on the new guidelines.

I have been looking at other examples of guidelines relating to filming. Perhaps the best, and the one that I suspect I would suggest to the Sentencing Council, is found in the sentencing guidelines for robbery when sentencing children and young people, which includes the aggravating factor of

“the filming of the offence… or circulating details/photos/videos etc of the offence on social media or within peer groups”.

That is to be considered specifically by the court when sentencing the offender.

[Tom Hunt (Ipswich) (Con)]

I realise the importance of the Sentencing Council, but there have been examples of it being resistant to moves in the right direction. For example, on pet theft recently, it has not listened to the sentiments of many Members and the public. What is the Minister’s view of those occasions when the Sentencing Council is resistant to moving in the right direction?

[Victoria Prentis]

My hon. Friend has campaigned hard on pet theft, and he and I have enjoyed debating it on many occasions. He knows that we feel as one on the issue. I should emphasise that the Sentencing Council is of course independent of the Government, but it is only right for the Government to make suggestions. I am outlining the suggestion that I feel would be the best-practice sentencing guideline, which I hope the council will make if we pass the Bill—I very much hope we will. I suggest a guideline similar to the one for the robbery offence that I outlined.

In addition to the sentencing guidelines, legislation —one piece specifically—provides an offence that could cover filming animal cruelty. Section 127(1) of the Communications Act 2003 creates a specific offence of sending grossly offensive, indecent, obscene or menacing messages over a public electronic communications network. It is a matter for the Crown Prosecution Service to decide which charge to bring, but it is possible that someone filming an act of animal cruelty or sharing it could be charged with an offence under that section. That would result in a maximum sentence of six months for the offence of posting the offensive message. I am happy to speak to DCMS colleagues further about this, and I will do so as the Bill progresses.

In brief, there are existing options to ensure that the offenders who film and upload or distribute footage of their animal cruelty are met with an appropriate response. This is an horrific crime, and filming it to share with others is beyond comprehension. We will discuss this matter further with the Sentencing Council, and when it reviews the guidelines we will ensure that this point is raised during the public consultation. On that basis, I ask the hon. Gentleman not to press the amendment.

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[Luke Pollard]

I support the comments from the hon. Gentleman, who has done a good job in building cross-party support in his usual way. Clauses 1 and 2 are good and we will not oppose them.

I want to pose a question to the Minister about clause 1 and disqualification. The proposal to increase maximum sentences from six months to five years is welcome. It will of course be up to the court to decide the point on that scale for any offence. The Dogs Trust has raised the point about issuing disqualification orders where the court has imposed the maximum penalty, to ensure that those convicted of the most extreme animal cruelty and receiving the maximum penalty face mandatory disqualification.

The courts are able to issue disqualifications. It is important to note that at the moment disqualifications are regarded not as part of the punishment but as part of measures to prevent future abuse of animals. However, the Dogs Trust makes a strong case for mandatory disqualification in the event of maximum penalties being imposed, as provided for by the Bill.

There certainly have been recent examples, such as that reported yesterday in Plymouth’s local paper, The Herald, of poor Riot, an American pocket bully-type dog in Plymouth, who had her ears cropped. She was seized by the RSPCA and, thankfully, rehomed. The courts chose not to issue a disqualification order on the owner. That would be one of those points that the public does not understand: how someone can be convicted of severe animal cruelty but not be automatically disqualified. I appreciate that that point sits complementary to clause 1, but I would be grateful if the Minister addressed it in her response.

[Victoria Prentis]

I congratulate my hon. Friend the Member for West Dorset, whose family has farmed in west Dorset for four generations. I know that they have all been committed to the care of their animals and that he feels very strongly about the subject matter of the Bill.

As we have heard, the Bill would make a significant change to the way in which people who commit serious offences against animals will be dealt with by the courts. By increasing the maximum custodial penalty from six months to five years, it enables cases to be heard when necessary in the Crown court. That will largely depend on the seriousness of the case, but the defendants will also have a say in that matter, on whether they would like their case to heard in a higher court and in front of a jury. The legal system is well placed to make those decisions.

I am glad that the Welsh Government have confirmed that the proposed new maximum penalty should also apply in Wales. Scotland and Northern Ireland have already set the maximum penalty for such offences at five years. We do not take increasing maximum penalties for offences lightly. There must be a proven need to do so. As my hon. Friend said earlier, in some cases magistrates have commented in open court that they would have passed longer sentences had that been available to them.

The increase in maximum penalties follows from an amendment made in 2019, known as Finn’s law, which provided better protection for service animals. I am sure that hon. Members will remember that Finn is a police dog who was stabbed by an assailant he had restrained. Despite incurring serious wounds, Finn ensured that the attacker was caught. He recovered from his injuries and returned to duty before eventually retiring from the service. I was pleased to meet him on one of his trips to Parliament. When this Bill is enacted, it will ensure not only that offenders who have caused harm to service animals are brought to justice, but that they will face stiffer penalties.

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[Luke Pollard]

I rise in support of my hon. Friend’s remarks on extending the provisions to include wild animals. I take this from a simple perspective: how would we explain to a member of the public, or to a child, that one rabbit will be treated differently from another rabbit, depending on whether it is in a cage or in a field? How do we instil the same sense of value for both those animals if one is treated differently by the law from the other? There is a case here for including wild animals; I appreciate that the opportunity to include them in this Bill may not be immediately forthcoming, but I believe that is a clear and important part of ensuring that wild animals do matter—that all animals matter.

The second part of the new clause, which is worthy of being adopted by the Minister, is the two-year review of this legislation to see how it is working. One area in particular that needs to be looked at is the effects of the restrictions around coronavirus and covid-19 on animal cruelty. I mentioned in my earlier remarks that we have seen an increase in the number of cases of animal cruelty during these restrictions. It would be useful to policy makers and to those seeking to enforce this legislation if there was an assessment about its impacts on animal cruelty, at a time when we know animal cruelty is increasing, to see whether the deterrent effect is working.

In particular, it would be useful to assess how the provisions of the Bill can be better communicated to people, to ensure that they make better decisions before committing cruelty to an animal, recognising that there are now stronger and tougher penalties that equally are being used by the courts as a form of deterrence as well as a form of punishment. That is an element that could also be looked at.

[Victoria Prentis]

I note that the Animal Welfare Act 2006 was subject to review through the Environment, Food and Rural Affairs Committee some time ago in 2010 and again, informally, through the EFRA inquiry “Animal welfare in England: domestic pets” in 2016. A broad consensus arose from that inquiry that the Animal Welfare Act had had a genuinely positive effect on animal welfare. The 2006 Act, of course, relates to animals within the control of humans, and indeed the 2016 inquiry encouraged the bringing forward of this Bill, which is partly why we are all here today.

Subsection (3)(a) of new clause 1 would commit the Government to including an assessment of wildlife. As we have heard, wildlife legislation is not within the scope of the Animal Welfare Act; only animals within the control of man are within scope. There are some exceptions, which I gently point out to the hon. Member for Cambridge: animals that are normally domesticated, such as cats and dogs, are within the scope of that Act, so even a feral cat would be covered. If a wild animal is trapped, it too would be considered to be within the control of man and would be covered by the Act.

There are, of course, separate pieces of legislation that deal with wild animals. We have already had a review of wildlife legislation at DEFRA’s request by the Law Commission, which undertook the wildlife law project. It published its recommendations in November 2015, and recommended that the existing pieces of wildlife legislation be replaced by a single statute. It did not recommend that we bring in the Animal Welfare Act 2006, which is, by broad consensus, operating quite efficiently. For those who are interested, the Ministry of Justice regularly publishes data on prosecutions, some of which we heard earlier, and on convictions and sentencing under the Animal Welfare Act 2006.

Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 Organic Production (Organic Indications) (Amendment) (EU Exit) Regulations 2020

Victoria Prentis Excerpts

Monday 25th January 2021 General Committees

[The Chair]

Before we begin, I remind Members to observe social distancing and to sit only in the places that are clearly marked. I also remind Members that Mr Speaker has stated that masks should be worn in Committee, unless speaking. Hansard colleagues would be most grateful if Members could send their speaking notes to [e-mail]. In a moment I will call the Minister to move the first motion and speak to both instruments. At the end of the debate I will put the question on the first motion and then ask the Minister to move the remaining motion formally.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

I beg to move,

That the Committee has considered the Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020, No. 1661).

[The Chair]

With this it will be convenient to consider the Organic Production (Organic Indications) (Amendment) (EU Exit) Regulations 2020.

[Victoria Prentis]

It is good to serve with you in the Chair again, Mr Robertson. I will deal first with the food and drink regulations.

This instrument was made using the powers in the European Union (Withdrawal) Act 2018 principally to make operability amendments to retained EU law. It is technical and does not introduce new policy. It was made using the made affirmative procedure under the Act to ensure that provisions were in place at the end of the transition period. The provisions could be confirmed only within the timeframe that required an urgent procedure because of the ongoing negotiations with the EU and third countries. The amendments made by this instrument primarily concern geographical indications. This includes transitioning obligations in EU wines and spirits agreements. It also extends to trade between the United Kingdom and the EU of wine and organic products.

GIs, as I am sure the Committee is aware, are a form of intellectual property protection for the names of food, drink and agricultural products that have qualities attributable to the place that they are produced in, or the traditional method by which they are made. They are highly valued in the communities that produce them, and as examples of the range of quality British products that are enjoyed around the world. They are also produced around the world and are an important part of the international trading landscape. The UK has signed a number of trade agreements that ensure continued protection for GIs, such as those that were previously protected under EU trade agreements. In some cases, trade deals were agreed but could not be ratified until the end of the transition period, so this SI concerns the bridging arrangements that were introduced to continue the effects of the previous agreements until ratification. It allows us to continue to protect GIs where bridging arrangements are in place. This ensures that the GIs that are already protected in the UK do not lose their protection because of a long ratification process elsewhere.

The instrument also adds an additional category of GI to ensure that a Japanese GI, Kumamoto Rush, remains protected in the UK. It was previously protected in an EU-Japan trade agreement, but it did not fit with any of the new GI product categories that we inherited from the EU. The addition of this category provides a clear basis on which to continue to protect the GI under our own agreement with Japan.

Turning to spirit drinks, the instrument provides for the continued protection of US product names in the UK to reflect the transitioned US spirit agreement. It does the same for Mexican product names once the agreement has come into force. It also enables the retained spirit drinks regulations for GIs to function correctly with regard to procedure and enforcement. As with the spirits amendments, with respect to the transitioned US wine agreement, this instrument makes retained regulations operable.

There are also a number of non-GI provisions. On wine, the regulations provide for a six-month easement on the new requirement for EU wines imported into the UK to be accompanied by a VI-1 certificate, which provides information on the type and analytical composition of a wine. The easement should minimise the potential for disruption to the UK market by allowing EU imports to arrive on the same commercial documents that were used while the UK was a member state. New, simplified certification arrangements are set out in the UK-EU trade and co-operation agreement, which should cover movements of EU and UK-origin wines.

On organics, we have extended our recognition of the EU and EEA states as equivalent, and we have updated their list of control bodies. We have also ensured that organic products from the EU, EEA and Switzerland are allowed to continue to flow smoothly by providing a six-month easement on the requirement for certificates of inspection for such products.

I turn now to the second SI before us, which amends the legislation that applies to organic product labelling in order to ensure that it was operable at the end of the transition period and continues to be so. More specifically, the SI removes the mandatory requirement for the EU organic logo to be featured on organic products sold in Great Britain, and it provides the legal framework for our organic logo, which I have shared before with previous Committees and with the hon. Member for Cambridge, when we have finished developing it. It is still in discussion, as the Committee knows.

The SI also amends the requirement to include a statement of agricultural origin on packaging, so that it refers to the UK rather than to the EU. Where a product has been only partly farmed in the UK, organic operators should use labelling to show whether it is UK or non-UK agriculture. Failure to approve the SI would put our organic operators at risk of regulatory disruption, which could really affect their ability to trade.

In conclusion, the SIs are essential for smooth transition. Without them, we could not meet some of our international obligations. Retained legislation would not be operable, and vital transitional provisions would not be in place. I urge the Committee to approve the SIs.

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[Victoria Prentis]

I will do my best. This is not the time or the place for a discussion of the rights and wrongs of Brexit, or indeed the rights and wrongs of the TCA. I am extremely pleased that we were able to agree a tariff-free arrangement for trading with our friends and neighbours in the EU.

The UK GIs are already on the EU register and, as such, they remain protected. We have agreed a review clause in the TCA, so that we can agree the rules with the Commission in future on how we protect GIs. I think that is a perfectly satisfactory arrangement. I have discussed with the hon. Gentleman before how ambitious the Government are in the GI space, and I feel that this system will work well for both sides.

I turn to some specifics. VI-1s are already established for imports from other non-EU sources of wine, of which there are many, as we all know. We have a competitive market for wine in the UK, and we decided that the existing rules should be retained for imports from the EU, rather than establishing a new and specific EU policy. The policy was decided in the interests of treating the wine industry as a whole. Nevertheless, this instrument provides an easement to give traders time to get used to the new arrangements until 1 July. That will allow EU wine to continue to be imported using commercial documentation, as it was when the UK was subject to the previous EU rules.

The hon. Gentleman pressed me about the future. It is true that leaving the EU gives us the ability to look critically at the laws we have inherited from the EU, to ensure that they remain fit for purpose. In a world where we drink wine from all around the world—including from on our own shores—we will consider in due course whether there is a case for revisiting the requirements of the VI-1 certification.

The hon. Gentleman asked about organics. We are committed to the highest organic standards and will carefully consider any enhancements to them. This is the beginning of a new chapter for the UK. We will use the Agriculture Act 2020 to set an ambitious new course for the organic sector. We are working to ensure that organic goods can continue to move freely between Great Britain and Northern Ireland. In terms of movement into Northern Ireland, through the Joint Committee agreement and the UK-EU TCA, we have secured easements to allow time for adjustments to take place. The easement on the requirement of certificates of inspection will ensure the smooth flow of the majority of organic products at the border for three months. During that time, we are engaging heavily with the organics sector, the Northern Ireland Executive, port authorities and others, to help them to prepare for the end of the easement in April. In the light of that, I ask that the Committee approve these statutory instruments.

Question put and agreed to.

ORGANIC PRODUCTION (ORGANIC INDICATIONS) (AMENDMENT) (EU EXIT) REGULATIONS 2020

Resolved,

That the Committee has considered the Organic Production (Organic Indications) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020, No. 1669.)—(Victoria Prentis.)

Oral Answers to Questions

Victoria Prentis Excerpts

Thursday 21st January 2021 Commons Chamber

[Virginia Crosbie (Ynys Môn) (Con)]

What steps he is taking to support agriculture as direct payments are phased out.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

The Government made a manifesto commitment to maintain the current annual budget to farmers. In England, we will be offering both transitional and productivity support from this year. Now we have left the EU, Wales, too, can shape its own agricultural policies.

[Virginia Crosbie [V]]

I thank the Minister for her answer. This week is Farmers’ Union Wales Farmhouse Breakfast Week. This morning my family tucked into a hearty breakfast of local produce from the butchers at Anglesey Fine Foods in Valley. Farmers in my constituency, such as Gerald Thomas and Brian Bown, grow and rear some of the finest foods in the UK. What discussions has the Minister had with the Welsh Government to ensure they receive the same levels of support as English farmers now that they have left the EU? Does she also agree with me that Welsh farm sausage is the finest addition to any good breakfast?

[Mr Speaker]

A good challenge for you there, Minister!

[Victoria Prentis]

Well, a Welsh sausage is hard to beat, and I congratulate the Farmers’ Union of Wales on its excellent farmhouse breakfast campaign and my hon. Friend on sourcing and enjoying local produce with her family this morning. DEFRA works closely with the Welsh Government, and we have a shared commitment to promoting Welsh food.

[Mr Speaker]

Greg Smith, follow that one!

--- Later in debate ---

[Dr Luke Evans (Bosworth) (Con)]

What steps he is taking to ensure the UK is a global leader in animal welfare.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

The Government are committed to the animal welfare agenda. Currently, we are working on proposals to ban live exports for slaughter or fattening, banning primates as pets and introducing compulsory microchipping for cats. We will increase sentences for animal cruelty, enhance the welfare standards of farmed animals and bring forward proposals relating to animal sentience.

[Dr Evans [V]]

I thank the Minister for her answer, and I am grateful for all she is doing, but both the demand for puppies in the UK and their price have skyrocketed over lockdown. I declare an interest: I bought two of the same breed several months apart and saw a doubling in the price. I have been speaking to reputable breeders, and they are choosing not to breed their dogs because of concerns about welfare. What are the Government doing to ensure puppy welfare, clamp down on puppy farms and stop puppy profiteering?

[Victoria Prentis]

My hon. Friend raises an important question, which I know he has campaigned on before. Regulations in England require anyone in the business of breeding and selling dogs to be licensed. Last year, we banned commercial third-party sales of puppies and kittens, and also launched our national Petfished campaign to educate the public on how to source pets responsibly.

[Andrew Gwynne (Denton and Reddish) (Lab)]

What steps he is taking to stop recently born puppies being brought into the UK illegally.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

DEFRA takes the trade in puppy smuggling seriously. We operate a rigorous checking regime, and the Animal and Plant Health Agency works collaboratively to share intelligence, disrupt illegal imports and seize animals where that is necessary. The end of the transition period has created new opportunities for cracking down on puppy smuggling, and we are considering a range of options to help with this.

[Andrew Gwynne [V]]

Every year thousands of puppies are still illegally smuggled across eastern Europe to be mis-sold to British dog lovers. Many suffer significant health problems and behavioural challenges and some do not survive. The Dogs Trust wants the Government to raise the minimum age for puppies to enter the UK to six months and to significantly increase penalties for smugglers. The Minister talked about the opportunities of the end of the transition period, so when are we going to get on with it?

[Victoria Prentis]

The Government are actively considering a range of opportunities to crack down on this abhorrent trade, as the hon. Gentleman says. We are listening to the views of a large number of stakeholders, including the Dogs Trust and the Select Committee on Environment, Food and Rural Affairs, which have made useful comments in this space. I look forward to working with him and Members from across this House to take these proposals forward.

Topical Questions

[Alex Davies-Jones (Pontypridd) (Lab)]

If he will make a statement on his departmental responsibilities.

Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 Draft Plant Health (Amendment) Regulations 2020

Victoria Prentis Excerpts

Wednesday 20th January 2021 General Committees

[The Chair]

Colleagues, will you make sure that you let Hansard have a copy of your speech at the end of proceedings?

I will now call the Minister to move the motion and to speak to both statutory instruments. At the end of the debate, I will put the Question on the first motion and then ask the Minister to move the second motion.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

I beg to move,

That the Committee has considered the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I., 2020, No. 1631).

[The Chair]

With this it will be convenient to consider the draft Plant Health (Amendment) (EU Exit) Regulations 2020.

[Victoria Prentis]

It is a great pleasure to serve under your chairmanship, Sir David.

The regulations and the draft regulations were laid before this House on 22 December and 9 December last year, respectively.

The regulations complete the suite of European Union exit amendments set out in the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020, which were debated unopposed in the House on 30 November 2020, and came into force shortly before midnight on 31 December. As with the first SI, the second one—the regulations before us —amends EU retained regulations governing official controls on imports to Great Britain of animals and animal products, and plants and plant products, including food and other imports relevant to the agrifood chain, collectively known as sanitary and phytosanitary or SPS checks.

The EU regulatory structure being retained and made operable by the amendments is extensive and complex. Owing to the intricacy of the amendments required, we took the decision to divide the necessary legislation into two instruments. That is why we are debating this second one today. The first focused on operability amendments to the main body of EU official controls regulations. This one makes similar operability amendments to more than 30 separate tertiary regulations, covering procedural aspects of the official controls regime, including regulation of model certificates, transits and transhipments, operation of border control posts and specific requirements for certain categories of animal and plant import control. The SI ensures that we can continue to deliver robust, effective controls and checks on all food, animal and plant imports.

We have now started to phase in border controls on imports from the European economic area. That prioritises flow at the border and gives business and industry longer to prepare for the full controls regime. It is a temporary, pragmatic step to support international trade and mitigate disruption, made necessary partly by the impact of the pandemic. From July this year, we will have controls in place for all imports of EU SPS goods.

Moving on, the draft plant health regulations will help us to achieve unfettered market access for Northern Irish businesses moving goods into Great Britain, which is a key commitment of the Northern Ireland protocol and of the UK internal market. The draft regulations specify the mechanism to allow regulated plants and plant materials to move from Northern Ireland into Great Britain. The instrument will not introduce any policy changes, and the devolved Administrations have given their consent.

The draft regulations will protect biosecurity and support trade by amending retained EU law to allow movements of qualifying goods into Great Britain under an EU plant passport. For Northern Irish businesses trading with Great Britain, nothing will change compared with the situation at the end of last year. It makes amendments to the format of UK plant passports, to allow identification of qualifying goods on the GB market, which should ensure traceability in the event of a biosecurity issues arising.

Once in Great Britain, an EU plant passport can continue to accompany the qualifying goods—it will look simply like a label. Authorised operators will also have the option to replace the EU plant passport with a UK plant passport, should they, for example, want to split a consignment where each trade unit is not already covered by an individual plant passport.

The draft regulations also provide for goods to be assessed against GB plant health standards where those differ from those of the EU, and there is an option for the authorised operator to issue a UK plant passport where goods are assessed as meeting GB plant health requirements. Under the terms of the protocol, Northern Ireland will maintain alignment with the EU plant health regime rather than that of Great Britain. Finally, the regulations make consequential amendments to domestic legislation.

The regulations and draft regulations will ensure that legislation to maintain UK biosecurity will continue to function in Great Britain and that we shall continue to deliver an effective imports system that guarantees our high standards of food and animal safety, while ensuring frictionless trading and movements.

--- Later in debate ---

[Victoria Prentis]

I will, as ever, try to answer all of the hon. Gentleman’s questions. If I miss one, it is inadvertent. I know that the Lords Minister will be writing a substantial letter, so I will ensure that reaches the hon. Gentleman. I am sure that my noble Friend Lord Gardiner of Kimble will pick up on some of the points that have been made in both Houses in the last two days.

On the general point, I will not get involved in the discussion about whether we should be here, but I heard what the hon. Gentleman said to you, Sir David. Negative SIs are published and are fully available for parliamentary scrutiny and debate, so I will not get involved in that debate either.

On why this SI was not debated at the time of the first official controls instrument, we laid that at the start of November and debated and published it by mid-December, because that was a condition of the Commission for us to be listed as a third country, which was critical for the movement of some goods that are imported into the UK. Given the complexity of the legislative amendments made to the whole body of retained EU legislation, we decided to deliver the amendments through two separate statutory instruments. There was no secrecy or peculiarity about that; it was merely a practical step and it is why we are here today. Both SIs were laid before the House in December—one on 9 December, and the other on 22 December—so they have been available to be scrutinised openly. That was what they were there for and the explanatory note makes that clear, so I do not think there has been any secrecy about the position.

I have read the Friends of the Earth queries, which are technical. The Minister in the other place made it clear that they required a detailed response, so I will leave those for the substantive letter from the Department. On border control posts and infrastructure, I have not read the Lords debate, but I suspect the other place was told that DEFRA had approved expressions of interests for 29 new BCPs from providers in England and Wales. The Animal and Plant Health Agency tells us that the building is progressing and it is confident that they can be ready by July. Two further applications are under consideration and further expressions of interest are expected in Scotland. That work is under way, and the teams working on it are hopeful—indeed, they expect—that it will be completed in time.

DEFRA is working with port health authorities, APHA and the Food Standards Agency to recruit and train the additional staff required for each stage of the import regime. We have recruited 176 plant health and seed inspectors who are in post now, and we expect their number to increase to up to 300 by July. For animals and animal products, we expect to employ 200 inspectors by April and a further 80 by July, together with 360 administrative staff. Recruitment has been ongoing since at least November and training is happening. A great deal of work is being done to get ready for our sensible, pragmatic and phased approach to bringing in the border checks. The EU reference laboratories are not covered in the official controls regulations, but I will write separately to the hon. Gentleman on that matter.

Continuing to try answer the questions in order, we are confident that we have enough trained vets. We made surge capacity of vets available over this period but not much has been used, so there is still spare surge capacity. I would never say that the situation is not challenging for exporters; I know it is, but we are confident that there is enough capacity at the moment and surge capacity is there if individuals need it.

I ask the hon. Gentleman to refer specific cases to me and my officials, who are working hand in hand to support companies that are trying to export. We will willingly take them up. I also encourage anybody trying to export to make full use of our training programmes, webinars and individual support. There is a great deal of support to get businesses ready for the new checks.

[Daniel Zeichner]

That was not quite the question I was asking, although we are all concerned about the availability of vets. The suggestion from Friends of the Earth is that within these changes Minsters may have given themselves the ability to reduce veterinary oversight, which is another way of dealing with the problem but not one that many would be happy with.

[Victoria Prentis]

Certainly, the intention behind the statutory instruments is to have a robust system in place for protecting our biosecurity. I remember debating last year with the hon. Gentleman how to tailor our approach so that biosecurity in this country could be done better than over an entire continent. I will make sure that the my noble Friend Lord Gardiner answers the point made by Friends of the Earth, because I am not absolutely certain what point it is worried about, but I will look into it and make sure that the hon. Gentleman is copied into that letter.

Even though the second SI is clearly about NI to GB, a question was posed about what progress has been made on equivalence, and although that issue is not specifically in scope, I think it is only fair that I answer it briefly. If I may summarise, the question is what progress has been made in UK-EU equivalence negotiations. DEFRA submitted applications for third-country equivalence on a number of occasions, as I outlined many times last year. In late December, the EU formally confirmed that it would grant equivalence for seed and other propagating material and would lift prohibitions on ware potatoes, for example. The EU has published an equivalence decision for fruit and vegetable propagating material, which also included lifting the prohibition on ware potatoes, and we are currently waiting for it to reach a Council decision on forest reproductive material and agricultural seed. We are pushing the EU very hard for a timeline for that decision. We continue to push on a regular basis for the lifting of the prohibition, and we are pursuing an application under article 44 of the plant health regulation on the equivalence of plant health measures generally.

I hope that that deals with the substance of the questions, and I commend these two instruments to the Committee.

Question put and agreed to.

DRAFT PLANT HEALTH (AMENDMENT) (EU EXIT) REGULATIONS 2020

Resolved,

That the Committee has considered the draft Plant Health (Amendment) (EU Exit) Regulations 2020.—(Victoria Prentis.)

Animal Charities: Covid-19

Victoria Prentis Excerpts

Tuesday 19th January 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

It is a great pleasure to take part in this excellent debate, called by my hon. Friend the Member for Southend West (Sir David Amess). There is only one issue about which he feels more strongly than Southend becoming a city: animals and their welfare. Madam Deputy Speaker, if you were to read his excellent book, “Ayes and Ears”— probably available in all good bookshops—you would be aware that he is the proud patron of the Conservative Animal Welfare Foundation and has devoted much of his life to campaigning on behalf of our furry friends.

Like my hon. Friend, the Government greatly appreciate the work that animal welfare organisations do, often on a voluntary basis. They protect animals against cruelty and ensure that unwanted animals are offered a loving home. We have heard some great examples this evening, not least the Dogs Trust, which was mentioned by my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois).

The good news is that we have all appreciated animals in a new and different way over lockdown. There has been increased interest from people wanting to rehome pets, which has helped to alleviate pressure on the sector. Far fewer pets have been abandoned during lockdown. In fact, it is estimated that about 50% fewer were abandoned in 2020 than in 2019 or 2018. The latest data from the RSPCA—although we must read this with the caveats that my hon. Friend the Member for Southend West mentioned—shows that there has been a reduction in animal cruelty, with fewer calls about cruelty and fewer complaints needing to be investigated. But of course my hon. Friend is right to highlight fears about people adopting pets when they are not suitable or do not have the ability to train those pets, and we will continue to work closely with the sector on those issues.

The less good news is, of course, that many charities have suffered income shortfalls during this difficult time, because charity shops cannot open and it is difficult to fundraise. Charitable providers of veterinary care have also found it challenging to deliver a full service during lockdown, and have just done emergency care. The Government are very keen to support the animal welfare sector and have made sure that in the covid restrictions, the welfare needs of animals are considered and protected. We have tried to ensure that we can continue to allow animal charities that concentrate on rehoming to continue to carry out their business as best they possibly can within the restrictions.

The Minister responsible for animal welfare, who sits in the other place, meets the sector very frequently, and I know that he will be watching tonight’s debate with interest and will take forward the ideas that have been raised. I particularly want to mention a meeting that he had in September with the chief executive officers of leading equine welfare charities, to discuss their specific worries about the winter horse problem, which happens annually; they were particularly worried about people who care for horses not having enough money to care for them properly this year. We feel that that is going well so far, but we are keeping a close eye on it.

The sector is a really useful source of information to my Department—for example, on rehoming rates and animal cruelty investigations. We have kept up a useful dialogue with the pet industry, local authorities and vets, who are also useful sources of information. It has been really encouraging to see the sector working together collaboratively to safeguard animals in its care, and it has organised emergency grant schemes itself specifically to support smaller organisations.

As my hon. Friend mentioned, these charities can apply for the full range of Government support measures. The furlough scheme has made a significant difference to between 50% and 60% of animal welfare charities, although of course a certain number of staff have to be kept in place to care for the animals that are still in the home. The Charity Commission has issued really useful guidance on running a charity during covid, including advice for trustees on managing reserves in restricted funds and on provisions to help charities through this difficult period.

On animal welfare generally—I think it is fair to say that my hon. Friend mentioned a wide range of issues during his speech—I would like to say that the Government, despite the pandemic, have been working hard not to take our foot off the accelerator in our agenda in this space. In March last year, I was very pleased, as a former pig keeper, to oversee the new code of practice for the welfare of pigs. In April last year, we introduced the ban on third-party commercial sales of puppies and kittens, which tied in with the earlier pet fish campaign to help people make informed choices when looking for a pet.

In November last year, we launched a new agricultural policy, more details of which will come out in the following weeks and months. An integral part of this is the animal health and welfare pathway, which is there to promote the production of animals at a level beyond compliance with current regulations. This is a way of reaching a large number of animals, and of protecting and improving the way we care for them.

On 3 December, we launched a consultation on plans to ban exports for slaughter and fattening, alongside wider proposals on animal welfare during transport. I would encourage all those with an interest in this sector to reply to that consultation by 28 January. On 6 December, we launched a call for evidence on the shark fin trade. On 12 December, we launched the primates as pets consultation. On 23 December, we launched the consultation on the compulsory microchipping of cats, which follows on from the earlier decision several years ago to make the microchipping of dogs compulsory.

We are also very keen as a Government to support the Bill to increase custodial sentences for animal cruelty. This Bill, the Animal Welfare (Sentencing) Bill, as you know, Madam Deputy Speaker, is currently awaiting its Committee stage in this place.

Among the other points raised briefly by my hon. Friends was the issue of boarding kennels, raised by my hon. Friend the Member for North Norfolk (Duncan Baker). That is primarily a matter for local authorities, but I will pass on his words to the Ministry of Housing, Communities and Local Government.

My hon. Friend the Member for Dudley North (Marco Longhi) raised the difficulties that Dudley zoo has been having. He has raised them many times, and most forcibly, with the Department, and I was glad to hear that he feels the zoo animals fund is more acceptable than the zoo support fund, the previous fund, which was mentioned by my hon. Friend the Member for Southend West. We feel that this package is working well with the sector at the moment, but we continue to keep the matter under review.

In brief, this Government are committed to animal welfare, as is my hon. Friend, and I look forward to continuing to work together with him in this area.

Question put and agreed to.

Welsh Food: Protected Status

Victoria Prentis Excerpts

Tuesday 15th December 2020 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

It is a great pleasure to serve under your chairmanship, for the first time, Ms Ghani, and an enormous pleasure to speak in this very important debate. I congratulate my hon. Friend the Member for Ynys Môn (Virginia Crosbie) on securing this debate on a fascinating topic. Everybody in the Room feels passionately about it and has spoken with such enthusiasm, both in the Room and outside while we were waiting.

I was not surprised to hear all Members talk about great Welsh food. Wales is home to the UK’s highest concentration of protected food and drink products, with a total of 16 protected products. I was brought up partially by my grandmother, who is 97 and avidly waiting for her covid vaccine in a care home on the Gower. She is somebody who believes that food is only good if it comes from Wales. She routinely used to turn up at our house when I was a small child,—and still would if she were able to travel at the moment—with a ham and a leg of lamb under her arm.

This became slightly more difficult when my aunt moved from South Wales to Sierra Leone. Granny set off to visit, as she was wont to do, with the leg of lamb in her suitcase. The leg of lamb sadly got lost in Sierra Leone airport and travelled around five African countries that we know of—it had stamps from them all—before reaching my aunt’s house, where, sadly, it was only fit for burial in the garden. My cousins, however, were equally excited—they were little girls as well, this is all over 40 years ago, I am sorry, but I think it is relevant to the debate today—

[Ms Nusrat Ghani (in the Chair)]

“Relevant” is getting closer and closer.

[Victoria Prentis]

They were waiting for the chocolate biscuits, which were packed with the leg of lamb and had also travelled around Africa. Needless to say, they got eaten. I was brought up clearly knowing that Welsh lamb was far and away the best in the world and that other Welsh products, including laver bread, to which I know the hon. Member for Ceredigion (Ben Lake) is partial, are pretty good too. The Denbigh plum is of enormous interest to my own family, as plum growers for many years. I am pleased to confirm to the House that the Government will launch the UK GI schemes on 1 January. The new schemes will ensure that all existing UK and EU GI products will continue to receive protection under the schemes.

The fabulous APPG for geographically protected foods, which is so well led by its joint chairs, are working hard on this, and I understand that they are very keen—when covid restrictions permit—to have a launch event in the House for a new GI scheme. I would be very excited to attend and to try all the great produce that I hope will be available. I am happy to reassure hon. Members that, in addition to receiving protection under the UK schemes, all current UK GIs, including all Welsh products, will continue to receive protection in the EU and through future international trade agreements.

When the new UK GI schemes are launched in the new year, the Department for Environment, Food and Rural Affairs will seek to work with producers across the four nations, including, of course, in Wales, to use GIs as a tool to showcase our great British products, both in the UK and overseas. I really hope that logo will have sales value abroad; we are working closely with the Department for International Trade on that.

Welsh exports will be essential to our efforts to grow our collective reputation for quality food and drink around the world. Overall, the UK’s GI products represent about 25% of UK food and drink export value, which was about £6 billion last year, and we hope that will grow exponentially. I would also like to take this opportunity to thank Welsh producers, including the Anglesey Sea Salt Company in the hon. Lady’s constituency, for their contribution in helping us to develop those smart new logos. I am sure hon. Members from across the House will be as delighted as I am to see the new logos on our products in the future.

I would like to thank everybody who has taken part in this debate. As we launch our new GI schemes in the new year, I encourage hon. Members from across the House to engage with DEFRA to help us to identify new opportunities for food and drink producers in Wales, and beyond.

Question put and agreed to

Draft Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020

Victoria Prentis Excerpts

Wednesday 9th December 2020 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

I beg to move,

That the Committee has considered the draft Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020.

It is a pleasure to serve for the first time under your chairmanship, Ms Elliott. The draft regulations, laid under the European Union (Withdrawal) Act 2018, cover all four nations of the UK. We have worked closely with the devolved Administrations, who have given their consent. The idea is to ensure an approach consistent with both the devolution settlements and the existing systems of fisheries management.

The draft regulations will make technical changes to UK law to reflect the EU common fisheries policy legislation that is directly applicable in Northern Ireland by virtue of the Northern Ireland protocol. That is required to enable the enforcement of EU law, where that is directly applicable, to enable the UK to play its part in ensuring sustainable and traceable fishing practices and to meet obligations under the withdrawal agreement and several other international agreements to which we are—or will become—independent contacting parties. The draft regulations do not make amendments that will change our fisheries management policy.

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

Is the Minister confirming that the Factortame case will continue to enforced in respect of fisheries in Northern Ireland?

[Victoria Prentis]

As the right hon. Gentleman knows, the Factortame case was the bane of my life as a young lawyer. We are not quite clear yet of the precise implications of yesterday’s announcement from the Joint Committee. I will go to a briefing immediately after the Committee, and the Chancellor of the Duchy of Lancaster will make a statement to the House at, I believe, 12.30 today. Following that, I am sure we will have much greater clarity. I know I am to meet the right hon. Gentleman next week to discuss another fisheries matter and I would be delighted if he wanted to go into the details of what we will hear this afternoon at any point between now and our meeting next week or at that meeting.

[Mr Carmichael]

For the avoidance of doubt, if I never have to talk about Factortame again in my life, that will still be too soon for me.

[Victoria Prentis]

Me too.

[Mr Carmichael]

But the Minister will know as well as I do that there is that wonderful bit in the Factortame judgment where it speaks about the indirect effect of non-directly affected directors. It seems to me that, in respect of fisheries in Northern Ireland, that is exactly what the Minister has just described.

[Victoria Prentis]

I absolutely refuse to confirm or deny that because I know no more than the right hon. Gentleman at this point. It is important that we listen to what the CDL has to say at, I think, 12.30—the Whip will confirm—and then, I hope, we will have much greater clarity. I am really pleased that the Joint Committee came to the agreement that it did and I am really looking forward to learning the details.

I turn to the changes on enforcement. First, the draft regulations will amend the 2019 fisheries regulations, updating the wording in relation to the amendment to section 30 of the Fisheries Act 1981 to ensure that, after the end of the transition period, criminal prosecutions can continue to be brought in Great Britain and Northern Ireland for breaches of EU fisheries rules that are directly applicable in Northern Ireland by virtue of the protocol. That does not represent a change in practice since prosecutions can currently be brought relying on section 30 of the 1981 Act for breaches of directly applicable EU fisheries rules.

Secondly, the draft regulations will amend regulations concerning sustainable and traceable fishing, correcting deficiencies and reflecting the direct application of EU law in Northern Ireland under the protocol. That will allow the UK to fulfil its obligations under ICAT, the International Commission for the Conservation of Atlantic Tunas, and CCAMLR—that may be less familiar to hon. Members, and is the Commission for the Conservation of Antarctic Marine Living Resources—to which the UK is an independent contracting party. The UK, rather than the European Commission, will be responsible for the submission of information to the relevant secretariat as required by the obligations of each regional fisheries management organisation. To clarify, the UK will continue to submit the same level of information to ICCAT and CCAMLR, which is required by these international agreements, to which we will be an independent contracting party.

Thirdly, the draft regulations apply certain aspects of retained EU law relating to illegal, unreported or unregulated fishing to Northern Ireland. This is necessary to ensure that the UK is able to comply with its obligations under the port states measures agreement—the PSMA—once it accedes to that agreement at the end of the transition period. The PSMA requires the UK to apply controls to all non-UK vessels, including requiring them to land into designated ports. The draft regulations serve to implement that requirement in relation to EU vessels landing in Northern Ireland by applying the retained version of the illegal, unreported and unregulated fishing regulation to Northern Ireland, supplementing the direct application of the EU’s IUU regulation under the protocol.

The port state measures agreement does not require the UK to apply controls to vessels that are registered in the UK. Once the draft regulations are in force, all non-UK fishing vessels will be subject to PSMA-related controls when landing anywhere in the United Kingdom, thus meeting the UK’s obligations under the agreement.

The draft regulations do not impose significant changes to what the public sector or businesses will have to do. They will ensure UK vessels are subject to largely the same rules as they are subject to at the moment. Accordingly, a full impact assessment has not been prepared. I commend the draft regulations to the Committee.

--- Later in debate ---

[Victoria Prentis]

I thank everyone who has contributed to this morning’s debate. I am glad that there is broad agreement on the new fisheries regulations, and I am genuinely grateful to the DAs for their co-operation in getting this secondary legislation through.

I will set the mind of the hon. Member for Barnsley East at rest on the issues that she raised. We will of course continue to abide by international regulations, which is the purpose, really, of what we are doing today. ClientEarth raised some concerns that DEFRA answered in full in a letter to the Committee in the other place. In brief, the UK will continue to submit the same level of data to CCAMLR. The EU Commission currently does that, but we will now do it directly. The obligation in question, which simply requires member states to communicate the data to the Commission, has been omitted because we will no longer need to use it as a middleman and will go directly to the CCAMLR secretariat, which I understand is in Tasmania. The delegated powers that concern the hon. Lady, which were previously held by the EU, have not been transferred because they were never used by the EU. We plan to use other powers that we already have to implement the international obligations regarding Antarctic and Patagonian toothfish. I think that deals with the hon. Lady’s points.

Turning to the hon. Member for Angus, this statutory instrument will not affect Northern Ireland vessels landing into Northern Ireland. However, referring to what I said earlier, we will have to see what happens when the CDL speaks to the House this afternoon, and I am very much looking forward to listening to him. Under the agreement on port state measures, to which this instrument refers, the UK is required to impose controls and landing requirements on foreign vessels only, including vessels from EU member states. Imposing controls on UK vessels landing into UK ports is not required. We have been clear that there should be no unacceptable new requirements for vessels registered in Northern Ireland.

I say to both the right hon. Member for Orkney and Shetland and the hon. Member for Angus that I very much hope that there will be a deal. That will be in the interests of all British fishermen, and there is not a great deal of purpose in going into further detail at the moment, because we are about to hear much more detail.

[Mr Carmichael]

I am grateful to the Minister, because she has been generous in giving way. However, the point made by the hon. Member for Angus is a good one. If, for example, the Minister were the skipper of inshore boat on Islay, where I was born and brought up— just 12 miles to the north-east of Northern Ireland—she could register that boat in Northern Ireland while continuing to fish the same waters around Islay. However, she could land in Northern Ireland, rather than in mainland Scotland, because doing so in Northern Ireland would avoid any tariffs. Would the Minister not do that? If she did, what would be the consequences for processors on mainland Scotland?

[Victoria Prentis]

I know that I have a very good note, which I temporarily cannot lay my hands on, about the concerns that were rightly raised about the registration of vessels. We have good, robust rules on where vessels should be registered, and reasons must be given for that registration. We do not anticipate that there will be either multiple breaches of the rules or attempts to try to get around them following the end of the transition period. However, we need to look at what the rules are, and we will know much more at lunchtime. I encourage the right hon. Gentleman to welcome the good news that came from the Joint Committee yesterday and then wait to find out what it means in some detail. Can we park the rest of this discussion till after we know where we are?

The amendments in this SI, which is what we should be discussing, are essential to ensure that retained fisheries law is effective and enforceable. I think the Committee is broadly in agreement that that is a good thing. The SI enables compliance with our obligations under international agreements. It is a key part of our preparation for the end of the transition period, and it will help us to meet our commitment to deliver a prosperous and sustainable fishing industry for future generations. I commend the draft regulations to the Committee.

Question put and agreed to.

Draft Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations

Victoria Prentis Excerpts

Wednesday 9th December 2020 General Committees

[The Chair]

Before we begin, I remind Members to observe social distancing and to sit only in the places clearly marked. Hansard colleagues would be grateful if Members could send their speaking notes to [e-mail].

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

I beg to move,

That the Committee has considered the draft Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations.

It is a pleasure to serve under your chairmanship, Mrs Cummins. This statutory instrument amends earlier EU exit regulations in three areas: animal welfare, leghold traps and pelt imports, and invasive non-native species. The amendments ensure that retained EU law continues to remain effective and operable at the end of the transition period and in accordance with the Northern Ireland protocol.

The SI amends the regulations relating to the welfare of animals during transport, at control posts and at slaughter, to ensure that they remain operable in accordance with the Northern Ireland protocol. It will end recognition in Great Britain of transporter authorisations, driver and attendant certificates of competence, vehicle approvals and journey logs that are issued by an EU member state. From the end of the transition period, EU transporters will have to apply to a competent authority for those documents in order to be able to continue to transport animals in and through GB. That will allow for better enforcement, create a level playing field and ensure that GB transporters are not commercially disadvantaged, because the EU is applying similar rules. Transport documents issued in Northern Ireland will continue to be acceptable for use in Great Britain.

Additionally, the SI ensures that we meet obligations under the UK-Ireland common travel area by making provision for training that is carried out in the Republic of Ireland to be recognised as equivalent to that in GB for the purpose of giving a driver or attendant certificate of competence in GB. It makes amendments to regulations protecting animals at slaughter and will ensure that slaughterers’ certificates of competence issued in any part of the UK will continue to be recognised across GB.

Without the SI, EU transporters could continue to move animals into and through the UK, but we would lack the ability to take enforcement action if they breached the rules on the welfare of animals in transport. Following an animal welfare incident, the ability to suspend or revoke a certificate of competence or a transporter authorisation until that transporter has been retrained is an important enforcement mechanism. Live animal movements should be carefully planned, based on predicted journey times. Long journeys must be approved by the competent authority, as any delay could result in significant welfare issues. The SI will ensure that from the start of the year, EU transporters will need to apply to the GB competent authority to gain approval for their planned journeys.

The existing exit instruments amend the retained EU leghold trap regulation. The regulations that prohibit the use of leghold traps and the import of pelts and manufactured goods from certain wild animal species make the retained legislation compatible with the Northern Ireland protocol, and they ensure that the import of pelts and pelt products from the EU will be treated in the same way as imports from any other third country. The regulations will continue to prohibit the use of leghold traps in Great Britain and to ensure that only pelts sourced from captive-bred animals, or pelts from approved countries that abide by humane trapping standards, are imported. They will maintain the high standards and controls that are currently in place for pelt imports.

On invasive non-native species, the SI makes technical amendments to ensure the proper working of retained EU law and the management of the Northern Ireland protocol. The changes make provision for the devolved Administrations to be consulted properly about species listing and decisions on reserved matters. That is particularly important in relation to grey squirrels in Scotland, for example, where they have particularly strong views as they are working hard to promote red squirrels. The changes also allow traders in Northern Ireland to continue to use established rules on the sale of commercial stocks after a species has been listed.

The regulations ensure that specimens seized at the UK border do not have to be transported to England or Wales: border officials in Northern Ireland and Scotland, for example, may send seized animals to local facilities instead of having to ship them to England or Wales. They also make a minor change relating to civil sanctions to bring clarity on the procedure and appeal rights for non-compliance. Furthermore, the changes allow for temporary emergency restrictions on previously unlisted species to be introduced and enforced promptly where that is necessary.

The draft regulations will ensure that the Northern Ireland protocol is upheld and that, in line with Government policy, we can enhance and continue to enforce our high animal welfare standards and protect the UK’s biosecurity at the end of the transition period. I commend them to the Committee.

--- Later in debate ---

[Victoria Prentis]

It is always a pleasure to follow the hon. Gentleman. I will do my best to answer the many questions he raised. On the impact assessment on live animal exports, we have not done a formal public consultation, but we have engaged directly with industry representatives on the issue. The SI relates to the maintenance of an existing regulation. We would not anticipate an enormous amount of impact as a result. There are, as the hon. Gentleman said, limited impacts on European business, but there is no effect on GB public services, for example. The EU has made it quite clear that the provision is reciprocal. We are quite clear that we have extra staff in APHA to process any new EU business applications, so we feel that we have done what is necessary there.

On the Chancellor of the Duchy of Lancaster’s statement, I was pleased to be in the Chamber and hear what he had to say. He announced a really useful grace period for supermarkets and those in their supply chains. We have not yet got all the details of what the Joint Committee has agreed, but I look forward to engaging with them fully in the coming days as they become available. It is a welcome statement and I am pleased that we came to that level of agreement.

On live animal exports, I heard what the Member had to say on the consultation. It is an eight-week consultation and I look forward to the hon. Gentleman joining in with it. We will also be consulting on transport for animals more generally, for example on maximum journey times, the amount of space available for animals while they are being transported, stricter temperature controls and the specific rules for sea transport. It is important that we view this as about not just live animal exports, but the whole conglomeration of issues about animals being moved. On that note, on small and local abattoirs, I noticed that the all-party parliamentary group for animal welfare has produced a useful report on the role of the small abattoir, which is something that I personally have long been interested in, and indeed the role of the mobile slaughterer.

[Daniel Zeichner]

I, too, was very impressed by that report. Going back to those journey times, there is genuine puzzlement—it was not simply a criticism—as to why those long times have been proposed. It might help some of the people responding to understand the thinking behind that.

[Victoria Prentis]

I will not go into the ins and outs of the consultation, but I encourage those responding to be forthright and frank and to make their views clearly felt, and the evidence behind them. Of course, the Government acknowledge the important role of small abattoirs. The decline in their numbers is due to a combination of factors including, for example, consolidation in the retail sector and the drive for greater efficiency, which has led to consolidation in a small number of large abattoirs. Officials in DEFRA and the Food Standards Agency are working with the Sustainable Food Trust to understand why that has happened and to see whether steps can be taken to reduce regulatory burdens, which might help small abattoirs to survive.

I come to the INNS part of this SI, on non-native species. The policy change, which is not related to EU exit, relates to a sensible provision that means that enforcement officers in Scotland and Northern Ireland who seize a cargo of live animals that should not be there will not have to transport them a long distance to England or Wales to be processed. This is not something that will be often used, we very much hope, but it is a completely sensible and practical provision to reduce the stress and burden on those live animals. That is why we feel an impact assessment is not necessary. The whole point is to improve animal welfare and prevent the associated costs and bureaucracy caused by sending the animals on a long journey to where they have to go at the moment to be correctly processed—that is the purpose of that.

I reiterate that these regulations will not amend any current animal welfare standards. They make operability changes to ensure that existing EU law works appropriately at the end of the transition period. With that in mind, I commend them to the Committee.

Question put and agreed to.