Plant Protection Products (Miscellaneous Amendments) Regulations 2023

Baroness Hayman of Ullock Excerpts

Monday 4th December 2023 Lords Chamber

[Baroness Walmsley (LD)]

My Lords, I thank the Minister for introducing these regulations. They seem to me to be another last-minute sticking plaster to protect farmers and our food security from the damage done by the UK’s botched exit from the European Union.

As we have heard, the instrument allows seeds treated with plant protection products, which have been authorised in at least one EEA member state before 31 December 2020, to continue to be used in the UK for an additional three and a half years to 1 July 2027; otherwise, the authorisation will end at the end of this month. Can the Minister tell us why these products have not been authorised for use in the UK in the three years since the end of the Brexit implementation period? Why has it taken so long for nothing to be done?

The regulations also allow those who hold a valid parallel trade permit to apply for it to be continued for another two years. As we heard from the noble Baroness, Lady McIntosh of Pickering, the NFU tells us in its briefing that it needs five years rather than two to source equivalent products and that, without that, UK farmers will be at a disadvantage compared to EU farmers and will incur extra cost. Can the Minister say why the Government are allowing only two years? Defra says that the provisions will allow manufacturers sufficient time to apply for parallel product authorisation and PPP users to source alternative pest management solutions. I am still wondering what the hold-up is.

I always look forward to the arrival in my inbox of the Secondary Legislation Scrutiny Committee’s regular excellent reports. Its latest report shows that it shares my concerns that even further extensions may be needed on top of the ones we are discussing today if the sector does not get on with applying for authorisations or if the process of authorisation continues to be as tardy as it has been for the past three years. Have the manufacturers not bothered to make applications since 2020 or has the system failed to process them? Which is it?

In reply to the committee, Defra denied that there was a problem with the Health and Safety Executive’s capacity to process the documentation. However, it commented that

“the preparation, submission and assessment of new GB applications is a multi-year process”.

It went on:

“One application has already reached the assessment stage”.


One? After three years? These are important products to farmers. Defra has offered to consider streamlining the guidance to encourage industry applications. Perhaps there we have the answer to the mystery of why it has taken so long. Is this unclear guidance or gold-plating? Or has the whole thing fallen foul of the massive amount of work that the Civil Service and other organisations have had to do as a result of Brexit?

Defra’s reply to the committee emphasised the Government’s commitment to integrated pest management, which the Minister has repeated today. I applaud that approach, as do farmers who do not want to waste money on excessive spraying. However, I point out that the national action plan on pesticides, mentioned by the noble Baroness, Lady McIntosh of Pickering, was expected in spring 2022. How do I know this? It is on the Defra website; the consultation ended in February 2021. So, finally, can the Minister say when farmers and horticulturalists can expect this delayed national plan, because it will affect their ability to plan their cropping and land use, and the profitability of their businesses? I hope that the Minister can answer my questions.

[Baroness Hayman of Ullock (Lab)]

My Lords, clearly we are all aware that farmers and growers have had to deal with some pretty formidable challenges over recent years, including the rising costs of fertiliser, feed and energy. It is really important that we do everything we can to support farmers going forward.

I absolutely understand the concerns that have been raised about any prospect of further crop loss due to disease or insect infestation, as well as the anxiety around the kinds of tools that farmers can use to protect their crops and to prevent any problems and the financial consequences that come from them.

The noble Baroness, Lady Walmsley, just mentioned the national pesticide action plan, as did the noble Baroness, Lady McIntosh. I note that, when this was debated in the Commons at the end of last month—only last week, in fact—the Minister said that it would come “soon”. We have been hearing that for quite some time. If the Minister is unable to give any more detail on that today, it would be good if he could press his department to come up with a more concrete date so that we all know when we are likely to see the plan.

I have a few questions about certain things. First, I am sure that noble Lords who have heard me speak before know that I am particularly interested in consultation. The Explanatory Memorandum says that feedback from informal stakeholder engagement was strongly supportive of the proposed extension. I would like to understand better what is meant by informal stakeholder consultation. Who did the Government consult? How is that managed? I ask out of interest.

I want to make the point that we support the extension. However, it is not clear how the time limit of three and a half years was arrived at for the provisions. Other noble Baronesses have mentioned the fact that the NFU is concerned about that date. Again, more understanding of how the date was arrived at and whether it had anything to do with the informal consultation that took place would be helpful.

Although we support the extension, we believe that it needs to be temporary. During this time, growers, farmers and researchers need to be effectively and productively looking for alternative crop protection solutions. We urge Defra, the Minister and his department to look at how they can encourage the development of alternatives and outline any measures that the Government are taking to facilitate and accelerate the development of alternative systems for crop protection.

I do not know whether the Minister has seen the very good report that was published in January this year and produced by the Pesticide Collaboration, Designing Pesticide Reduction Targets for the UK. It looks at what is happening in other European countries, such as Denmark and Germany, that have set pesticide reduction targets. One thing that the report does, which I draw to the Minister’s attention, is to highlight the inadequacies of existing pesticide usage data as a major barrier to both setting and measuring progress towards the UK’s pesticide reduction targets. What are the Government doing around this? When we get the national action plan, will it have those reduction targets in place? Will it have a plan for how to get there and how we will invest in new methodologies?

I have a couple of final questions. Looking at how we will move forward, where, if at all, does the gene editing Act fit in with this? In particular, how will that Act fit in with the pesticide national action plan when we see it? While we were debating that Act in this House, all the briefings and a lot of the information that came from the Government and noble Lords at the Dispatch Box related to how researchers and industries were expected to move quickly, for example to reduce reliance purely on chemicals. Answers to those questions would be very helpful.

Finally, I ask about the level of information that the new system will require for any future authorisations to be given. The reason for asking this is because, previously, the Government have admitted that they intend to ask for less safety information for registration of chemicals in the UK. My question is really to find out if this will extend to seed treatments. If so, we could see things authorised in the UK that would not be used in other jurisdictions. Some clarification would be most helpful.

[Lord Harlech (Con)]

I thank all noble Lords for their valuable contributions to this short but important debate.

On the issue of consultation, I believe that stakeholder engagement was conducted with Minister Spencer, listening to farmers, manufacturers and industry bodies. Noble Lords asked why we are looking at these issues now and why this was not introduced sooner. After EU exit, we put arrangements in place until the end of 2023 to continue the import and use of seeds treated in the EU; this gave the GB industry three years to adjust. The Health and Safety Executive has been working with manufacturers and seed users over the past three years to prepare them for these changes, demonstrating the Government’s continued commitment to the area. This extension recognises that the process of making an authorisation is multi-year, and longer for any new products. We will support manufacturers to deliver on these requirements.

The arrangements put in place at the point of EU exit aimed to smooth the transition to a GB regime without parallel trade. However, global events have led to price increases across a range of important sectors. This means that the need to access cost-effective plant protection products has become more acute. We recognise this pressure and are taking action to address these issues. The measures are indeed temporary, but we have now set our sights firmly on delivering more enduring solutions. We are committed to working with stakeholders in both farming and industry to ensure that these solutions work on the ground. We are already delivering solutions to increase farmers’ toolboxes to counter pests, weeds and diseases with the introduction of new paid integrated pest management actions within the SFI scheme. We are also supporting research into integrated pest management, including £270 million through the farming innovation programme. This will help farmers to access the most effective pest management tools available and ensure that we understand changing trends in pest threats across the UK.

My noble friend Lady McIntosh asked whether two years is too short to be of any use. We believe that the reinstatement of this time length will allow parallel imports to continue, and grace periods may be granted to allow stocks to be used for a further one and a half years after that. This means that pesticide users may have access to these products for three and a half years in total. For many in the sector, the extension will be sufficient, and parallel trade trends tend to be short term and dynamic, as traders respond to different price differentials in the market. The length of extension has been carefully balanced to support farmers now and to maintain regulatory oversight, as a shorter extension minimises the risk of counterfeit and non-compliant products entering our market. However, in the long term we will work with industry to increase the supply of alternative products, and bolster the choice and competitiveness of the market for all pesticide users.

For seed treatment, we are extending by 3.5 years. Again, this is a multi-year process, and this extension allows manufacturers to gather the appropriate data and submit applications for both new and existing products before these measures end, therefore supporting farmers’ access to the tools that they need. The length of the extension was considered carefully to allow farmers time to adjust and to increase their use of integrated pest management alongside current products. This will support flexibility and resilience in the face of the pressures they are having to deal with.