Brexit: Plant and Animal Biosecurity

Baroness Barran Excerpts

Wednesday 15th May 2019 Lords Chamber

[Baroness Sheehan (LD)]

My Lords, I draw attention to my interests as recorded in the register.

In rereading this excellent report, it is clear that what is at issue is the scale of damage to our nation if there were to be a serious lapse in biosecurity. My noble friend Lord Teverson and other noble Lords have already mentioned foot and mouth. Who can forget the terrible scenes as farmers and emergency services battled to rid the country of it, or the nostalgia with which we still regret the absence of the majestic elm from our countryside?

The briefing from the Woodland Trust tells us that, during the UK’s membership of the EU, global biosecurity threats—particularly in plant biosecurity—have increased significantly and that the UK’s response has sadly been less than exemplary. The report is therefore timely and very well put together, and I take this opportunity to put on record my thanks to the clerks of the Lords EU Energy and Environment Sub-Committee for their skill in helping members of the committee, of which I am one, to access the material to produce such an informative report. I also extend my appreciation to my noble friend Lord Teverson for his excellent chairmanship and masterful introduction to this debate. I will concentrate on two aspects: food safety risk management, which has already been covered by the noble Lord, Lord Krebs—although perhaps I can offer something a little different—and compliance and monitoring.

First, what happens to food safety risk management if we do not have a seamless transition from being an integral partner in the EU’s disease notification systems to not having a seat at the table? Just to recap, the four main notification systems are: the animal disease notification system; RASFF, the rapid alert system for food and feed; the European alien species notification system; and the European Union notification system for plant health interceptions. The importance of these early alert agencies has been recognised by the Government, who have stated their intention to retain access to these systems. It is good that the Government recognise that it is important to be part of the discussion that leads to decisions about what information will be put in the public domain and what will not. As the chemists among us will know, after filtration, both the filtrate and the substrate are of interest. However, as things currently stand, the fact is that the only third countries that take part in any of these organisations are those in the animal disease notification system, and they are either candidate or potential candidate countries, or members of EFTA. For the other three bodies, full participation is restricted to member states only.

Can the Minister say how matters stand with respect to gaining access to these important early alert systems? I know that other noble Lords have asked the same question of the Minister, which goes to illustrate how important we think it is that this matter is addressed and that we have clarification. Does he agree that relying solely on public websites will not substitute for the wealth of information and insight that we currently enjoy, nor the influence we currently exercise—and that that applies even if we take part in international information exchange networks like the Food Industry Intelligence Network and the WHO’s International Food Safety Authorities Network? The plan may be for the FSA to step into the breach, but it is not clear when it will be up and running and firing on all cylinders. The noble Lord, Lord Krebs, has given us a fairly comprehensive run-through of why concerns about the FSA’s role remain. As has been mentioned, it is not clear either that any shadow body that is set up in the interim, until the FSA is up and ready, will be independent of government interference and at a safe distance from the food lobby. I therefore echo the same concerns as the noble Lord, Lord Krebs.

It is frightening to think that the Government were once seriously peddling a no-deal Brexit in the knowledge that alternative arrangements for biosecurity, such as they are, were not yet in place and that the UK’s protection from animal pests and disease would have been substandard. It is also concerning that there remain on the Government Benches—and, it has to be said, the Opposition Benches—those who still extol the virtues of a no-deal Brexit. A poorer-quality early alert system, coupled with the proposal for laxer controls on borders, is a recipe for disaster and criminally negligent. Maybe it was merely political posturing and never in serious contention; one can only hope. However, the worry is that the snake-oil proponents of a no-deal Brexit are doing rather well in the polls for the Euro elections next week—a consequence of the failure of the Government and the Opposition to tackle the myth that we can have our cake and eat it, forgetting to mention the listeria or the E. coli lurking within.

The role of monitoring and enforcement is currently filled by the European Commission and the EU’s Food and Veterinary Office, which I am sure the noble Lord, Lord Trees, will cover in detail. The FVO carries out regular missions to member states to check practices and compliance with animal health, animal welfare and food safety regulations. It is a valuable independent assessor of risk management. In paragraph 38 of the report, the Agriculture and Horticulture Development Board asks who will perform this function if the UK leaves. The Welsh Government Minister, Lesley Griffiths AM, said in written evidence:

“There will … need to be a body to replicate the audit and advisory support, post EU exit, currently delivered through the FVO”.


The RSPB raised an important issue about enforcement. I refer noble Lords to paragraph 39, where it said that the text of the invasive alien species regulation,

“requires Member States to report to The European Commission on a 6-yearly basis on actions taken to implement the IAS Regulation”.

The Commission therefore has the power to ensure that member states are implementing the IAS regulation and it can take enforcement action if necessary, along with the European Court of Justice. The result is that we currently have a monitoring and risk assessment agency and a Commission that has a record of taking meaningful action against transgressors.

The Minister’s response to the committee when asked about how enforcement would be dealt with post Brexit, was, if I may say so, rather lackadaisical, given the dire consequences should there be a material lapse in vigilance. The Minister in question is the same Minister who is responding on behalf of the Government today, who said to the committee:

“If we need to look at either remits or additional powers to retain our reputation and our requirements, we will look at that … We will take every opportunity, if necessary, to bolster any existing organisations”.

[Baroness Barran (Con)]

I remind the noble Baroness that the advisory speaking time is seven minutes.

[Baroness Sheehan]

I am sorry—I am just about to finish.

It sounds very much like we would be willing to shut the stable door once the horse has bolted. I hope that the Minister is now of a more proactive frame of mind. It is much more cost effective to address and manage the risks before catastrophe strikes and farm animals, lives and livelihoods are lost. I hope, if nothing else, that the Government will now take heed of that message from this report.

--- Later in debate ---

[Lord Grantchester (Lab)]

My Lords, I also thank the noble Lord, Lord Teverson, and his committee for this excellent report on biosecurity in the context of the Brexit challenge. The report is part of a series of reports on different environmental, agricultural and trade aspects of Brexit that it is important to debate and consider together. I congratulate the committee on its work and the noble Lord, Lord Teverson, on his introductory remarks. This has been an excellent debate and I declare my interest as noted in the register.

The report highlights four strands to the inquiry: the biosecurity implications of leaving the EU in relation to animals and animal products, plants, food safety, and invasive non-native species. I thank the Minister and his department for the Government’s extensive 15-page response. I think this shows that the Government are by and large aware of all the issues and have covered the implications under a no-deal exit scenario through the immense number of statutory instruments brought before your Lordships’ House over recent weeks.

From recent experiences, Defra could be said to be well equipped to deal with the import and export of animals and animal products. I refer to the lessons learned from BSE, FMD, avian flu and potential zoonosis diseases. While the report highlights the dependence on EU systems, the UK in many regards shares and reciprocates the data and monitoring necessary. The debate has also shown that complacency must be guarded against. Veterinary scanning surveillance enables early detection and investigation of new or re-emerging animal diseases. The diagnostic service is the cornerstone of the scanning surveillance system. In England and Wales it is delivered by APHA’s network of VI centres and partner providers contracted by APHA. It will be important to ensure that the capacity and capability of the domestic surveillance system, which has been under financial pressure for many years, continues to work effectively. Can the Minister inform the House how many VI centres remain in the UK and whether they are still adequately positioned within an hour’s travel from farms, to ensure relevance for disease monitoring to be able to be fed into the national surveillance system and to improve detection and animal management on farms?

The Government state that UK laboratories that lose EU reference laboratory status have already been provided additional funding, and that this will ensure a strong level of expertise and research resource. However, the Government have no immediate plans to introduce an independent body to replicate the audit and advisory support of, for example, DG SANTE in Brussels to ensure biosecurity standards in non-EU countries. This new entity could reduce biosecurity risks posed by trade. Will the Government commit to review the situation in the light of any final outcome, not only to EU negotiations but to future international trade agreements?

Quite distinct from reference laboratories, biosecurity facilities will need to be developed further at entry points to the UK. What is the Government’s intention regarding entry and exit points for trade—ports and airports? Is it the Government’s intention that all ports for trade will be facilitated equally for inspections, certifications and monitoring, or will the Government concentrate on specific reference status points for enhanced protocols, such as may be required of the UK to abide by the new biosecurity phytosanitary certificates necessary following the UK’s change of status to that of a third country?

The Government are correct to recognise the importance of a balance between rights and responsibilities in international trade, underpinned by biosecurity being the definitive requirement that will not be compromised by any future trade deal.

The report highlights the staff requirements and underlines the reliance on vets from overseas. Can the Minister update the House on the shortage occupation list in the new immigration policy proposals? The reliance on EU veterinary surgeons is particularly acute in the meat hygiene sector, where 95% of the veterinary workforce graduated overseas. This inspection work is crucial to food standards and labelling, necessary to minimise the risks of food fraud in the international food chain, to promote animal welfare and to provide public health reassurance to consumers at home and overseas.

All biological trade is accompanied by documentation under TRACES. The Government’s preferred option is to retain access while developing a UK notification equivalent. It must be recognised that this applies only to commercial activities, and the protocols around the pet travel scheme appear to have been abused through the option to trade as non-commercial rather than under TRACES. Will the Minister commit to review the pet travel scheme of 2012 in the light of the undercover investigations by the Dogs Trust and others that reveal serious loopholes in biosecurity measures, highlighting ineffective border controls and negligible sharing of evidence, the falsification of data and treatments, and a lack of sufficient penalties?

Following ash dieback, first identified as resulting from imported nursery stocks in 2012, the Government have moved quickly to bring about plant biosecurity under a more robust system, commensurate with the standards pertaining in the animal sector. The spread of the disease in the UK, through the planting of infected nursery stock and wood, can also be enhanced by the wind-borne distribution of fungal spores, such that the disease could well have been in the country much longer.

I thank the Woodland Trust for its briefing on the report, and for its proposal to the Government that a wide assurance scheme be introduced for all plants on sale in the UK. The Woodland Trust created its UK-sourced and grown assurance scheme to ensure that all native tree stock is healthy and pest free. Assurance schemes are well understood and recognised in the animal sector, and I ask the Minister to take this idea back to his department and consider extending it to plants, alongside developing and providing best practice guidance on how to deal with affected trees and broader messages to the public.

The need for symmetry of controls for biosecurity across both plant and animal risks and threats needs to be recognised. The Government have committed to implement the new EU plant health law in the UK. The report also highlights the importance of similar clarity on the EU animal health law which is under development.

The last of the four strands concerns invasive non-native species, or invasive alien species. This is intrinsically a cross-border undertaking, given that organisms do not respect national boundaries and can enter the UK via land, sea or air. The UK will continue to need the benefits of EU data sharing, collaboration and cross-border liaison to keep indigenous flora and fauna safe in the future. The report urged the Government to ensure ongoing access to the EU IAS information system. The Government’s response did not answer this point. Will the Minister confirm that the Government intend to negotiate continued participation in as many of the EU’s notification and intelligence-sharing networks as possible, including continued access to the EU IAS information system?

The EU IAS regulation provides some preventive, reactive and management measures for tackling IAS, and includes the responsibility of restoring damaged and destroyed ecosystems based on the “polluter pays” principle. An amendment to the withdrawal Bill to enact this measure was not accepted by the Government. This measure, together with the creation of the environmental protection office, is due under the future environment Bill, as the UK faces a governance gap because there is no independent authority to which reports on actions on invasive species can be made or by which any UK biosecurity failings can be held to account. Will the Minister explain how the governance gap will be filled in the interim? Will a new biosecurity Bill be brought forward to prevent the introduction of unwanted invasive species with additional unknown pests and diseases? The Government’s response under paragraphs 43 to 186 of the report suggests that proposals are being developed to provide further clarification on this and on the land border on the island of Ireland being treated as a single epidemiological unit. That would be extremely timely.

The report also highlights the challenge to the UK framework from the devolution settlements and the various differences in approach. The need for a close working relationship between all parts of the United Kingdom is recognised, so that all parts can play a full role in developing a UK-wide biosecurity framework, where ecological and geographical differences that give rise to different solutions do not create either internal borders, vulnerabilities or trade distortions. While the Government’s response does not comment on this, I am sure the Minister may wish to underline its relevance in the debate.

With the backcloth of the Chatham House report on the threats to biosecurity against the imperative action needed on climate change, this report is timely in the consideration of threats to the UK ecology and recognised way of life.

[Baroness Barran]

Perhaps I may remind the noble Lord of the timings.

[Lord Grantchester]

I am well aware of the timings. I thank the noble Baroness and I am drawing my remarks to a conclusion.

As the future trading relationships behind the glib phrase “global Britain” still need to be agreed and reconciled, this report has underlined the most important relationship of all—how the UK interacts with its nearest neighbours. The Minister has a long list of questions to address on a wide-ranging report with many serious risk management issues.