Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020

Baroness Hayman of Ullock Excerpts

Tuesday 10th November 2020 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the Minister for introducing these SIs this afternoon and for organising the very helpful briefing beforehand. I also welcome the noble Lord, Lord Mendoza, and congratulate him on his excellent maiden speech. I welcome the informed contributions of your Lordships and will concentrate specifically on the instruments themselves. As we have heard, neither instrument introduces substantive policy change, although I understand that the reassignment of certain functions from the European Commission to UK bodies can occasionally mean a slight difference in how those functions will be carried out.

First, I come to the Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020; I have some areas where I will ask the Minister for clarification. Paragraph 2.7 of the Explanatory Memorandum notes:

“Marketing consents granted at the EU level do not require further, national-level authorisations.”


Clearly, this situation will change going forward. Further information is set out in Paragraph 2.12, which states:

“existing processes … will continue as now.”

Can the Minister confirm that this means no change to the criteria being applied on 1 January? Does the department intend to review the criteria going forward? If that is the case, when would that work take place, and would it be carried out alongside the devolved Administrations?

As a de facto member of the EU single market, Northern Ireland will continue to adhere to a portion of the EU’s body of law. These obligations relate to many of these areas, including genetically modified organisms. Divergence has been mentioned by a number of noble Lords, so does the Minister envisage any practical difficulties arising from the different regulatory regimes in Great Britain and Northern Ireland? For example, if the UK were to grant a GMO authorisation to a product that did not enjoy similar accreditation at the EU level, would there be any implications for the UK’s internal market? Will the Government maintain equivalent regulations to the EU on GMOs? If not, how will that affect our ability to export agricultural products to the EU, not to mention any possible effects on the environment?

I now turn to the SI on organic products. On these Benches, we wish to see a smooth transfer into UK law and welcome this SI, which is essential for the continuity of trade in organic products. We particularly welcome the commitment in paragraph 2.11 of the Explanatory Memorandum that:

“The current organic standards will be maintained at the end of the Transition Period.”


The organic sector may still be considered a fairly small one, but it is important, leading the way on sustainability in agriculture—recognising, for example, the value of soils and issues around pesticides. As such, it is good to see that paragraphs 7.2 and 7.3 in the Explanatory Memorandum—and the Minister, in his introduction—recognise its value to the UK economy. The continuation of this trade is hugely important.

I also welcome the fact that the 6,000 organic operators are mentioned and that many of these are small and medium-sized businesses, which would be particularly vulnerable if the retained EU organic legislation were not updated.

There is one particular area where I ask the Minister for further clarification. He referenced Part 2 of the regulations and that it extends an existing derogation for porcine and poultry feed into 2021 and 2022. However, there is no mention of what will happen after this date. Could the Minister clarify the Government’s intentions beyond 2022? For example, will the provision just continually roll over, or will the matter be put under review?

Finally, I stress how important it is for the UK to achieve equivalence with the EU. This has been mentioned by the noble Baronesses, Lady McIntosh of Pickering and Lady Parminter. Can the Minister assure us that future access to the EU market for our UK organic exporters is a priority? If we end up in a no-deal scenario and do not have mutual recognition of one another’s organic standards, the EU market will likely be closed to UK organic-certified produce. I look forward to the Minister’s response.