Plant Health etc. (Fees) (England) (Amendment) Regulations 2021

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 15th April 2021 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister and his officials for their time in providing a briefing yesterday morning, and for his introduction this afternoon. This is a fairly straightforward SI, which attempts to level up the playing field around importation of plant and plant products into the UK from across a wide spectrum of countries. It uses the same fee-charging basis to countries inside the EU, Switzerland and Liechtenstein, as currently applies to the rest of the world. As I understand it the fees may change slightly, but the methodology of calculating the fees will remain the same across GB and be based on the full recovery cost.

The fees in the schedules are extensive, ranging from £205 down to £6.40 for some seeds, per consignment. Yesterday morning, after the briefing with the Minister, I attended the launch of the Woodland Trust’s report, State of the UK’s Woods and Trees 2021. This provided some very stark detail about the state of our ancient woodlands and the wildlife that currently lives in them. Only 7% of our woodlands are in good condition, a devastating statistic given the role of woodlands in carbon stores and carbon sequestration. Many of our native trees have been lost through the importation of pests and diseases carried on imported plants and plant products.

Although woodland cover has increased, woodland biodiversity has decreased. Bird numbers are down by 29% since 1970, butterflies by 41% since 1990, and plants by 18% since 2015. Since 1990, 19 pests and diseases have been introduced into the country, threatening our biodiversity, compared with only four prior to 1990. The certification of trees, plants and plant products that come into the country is essential. Ash dieback arrived with us from the Netherlands. Xylella is also an extremely dangerous disease, which we must ensure we keep under control and prevent further importation, especially of oak saplings.

The gradual introduction of fees for health checks is to be welcomed to enable businesses to plan ahead and prosper. However, the various dates are confusing. The checks for high-risk products began on 1 January. This includes 1,200 entries on the plant risk register, including tree species. Lower-risk plant checking will begin in June 2021. However, fees will not be implemented until March 2022. I am slightly less concerned about low-risk plants, but I am very concerned about high-risk plants and trees.

At paragraph 3.3 of the Explanatory Memorandum there is mention of the devolved Administrations, and paragraph 7.7 indicates:

“Similar changes are to be introduced by the Scottish and Welsh governments.”


Can the Minister tell us whether the devolved Administrations have similarly been checking high-risk plant products since January or whether they are lagging behind? If no checks are currently taking place, a product could enter the country via Scotland or Wales without checking and then be transported into England, especially if the fees being charged are cheaper in the devolved Administrations than those being administered in England. I understand that some imports come through the island of Ireland and then into Wales. There is a possibility of some checking being avoided. Can the Minister provide reassurance?

I am concerned about the impact of costs to horticulture and other businesses of these additional fees. The noble Baroness, Lady McIntosh of Pickering, raised this as well. Although no fees will be applied until March 2022, the fees will be refreshed in October 2022, with an assessment being made of the full-cost recovery figures. At this stage there could be an uplift, which the importers, especially of seeds, might not be expecting. This could be excessive for them. Can the Minister comment on this?

This is a vital piece of legislation that should ensure the protection of our native-grown plants and trees. It should be rigorously enforced, and I fully support it.