Exiting the European Union (Consumer Protection)

Debate between Baroness Hayman of Ullock and Mary Creagh

Monday 25th February 2019 Commons Chamber

[Sue Hayman]

I am afraid that that is not the information I have been given. As I said, the Minister did not rule that out to the Lords Committee, and when I went to Brussels to visit the REACH team, they confirmed that they believed this would be the case. Will the Minister categorically confirm whether these proposals have the potential to lead to further animal testing?

[Mary Creagh]

My hon. Friend has triggered a memory that I thought I had buried. On the animal testing point, when our Committee held an update hearing in December, one concern raised was about where the intellectual property that UK companies have submitted into the REACH database lives. There was a great deal of concern that the Minister’s reassurances that companies could just go and get that intellectual property, which they have paid for and registered, out of the database is problematic, because it is now owned by REACH, and once the UK leaves, we ironically will not have access to our own intellectual property. Does that not show the complete misunderstanding of the right hon. Member for Wokingham (John Redwood) of how the world trades in chemicals, on which REACH sets the global standard?

[Sue Hayman]

I thank my hon. Friend for making that important point, and I will be interested to hear the Minister’s response.

If we voted to pass this SI, we would be voting for legislation that is likely to increase animal suffering through duplicate testing. It would also mean that critical decisions on chemicals were made by a body with little experience and layers of accountability and scientific expertise stripped away. Greener UK has said:

“As currently drafted, the chemicals SI significantly weakens the regulation of chemicals, including those with links to cancer and hormone disruption.”

How can we responsibly let this secondary legislation pass, in the light of these serious and grave reservations? Does the Minister recognise those risks, and can she guarantee that British people will continue to receive the same health and safety and environmental benefits that we currently do as a member of REACH?

In a no-deal Brexit scenario, we would become a third party to REACH on 29 March, with all existing REACH registrations and authorisations held by UK companies becoming immediately invalid. Companies wanting to continue to export into the EU would need to transfer their registrations to EU-based companies or rely on their customers making importer registrations.

[Sue Hayman]

I completely agree. In fact, representatives of trade unions have made exactly that point to me, and they have deep concerns about this.

Companies wanting to transfer their registrations would potentially need customers to make importer registrations. That could lead to serious ramifications down the supply chain and interruptions to the many billions of pounds’ worth of trade between the UK and EU.

[Mary Creagh]

I thank my hon. Friend for giving way; she is making an excellent speech and being very generous with her time. I wanted to intervene on the Minister on the issue of grandfathering rights. Is not the truth that British companies are now in an invidious position where, if they want to keep trading with the EU after exit day, whenever that may come—goodness knows what will happen in the next 48 hours, let alone the next five weeks—they will have to transfer their registrations to an affiliate in the EU? How can they then grandfather those rights into the UK’s chemical regulation system when they have given them away in the European Union?

[Sue Hayman]

Once again, my hon. Friend makes an extremely important point. Of course, we also need to look at the huge costs to companies of these actions. The problems and difficulties that will be caused are not short-term but long-term.

Does the Minister acknowledge that a no-deal outcome brings with it huge risks to industry, jobs and our environment? Due to the numerous deficits and risks posed, we will be voting against this SI and would encourage Members across the House to do the same in good conscience.