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

Baroness McIntosh of Pickering Excerpts

Thursday 15th April 2021 Grand Committee

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow the noble Baroness, Lady Ritchie, who was such an effective and distinguished member of the Environment, Food and Rural Affairs Committee in the other place. I thank my noble friend the Minister for introducing the regulations before us today and being so clear about how they will apply. I assume that this is a direct consequence of our leaving the European Union, as we are now being treated as a third country.

I am also grateful to the Agricultural Industries Confederation for its briefing and I have a number of questions—harmless, friendly questions, I hope—for my noble friend in this regard. How does the department expect to work with EU counterparts, both through the European Union and directly with member states, to balance the priorities of removing non-tariff barriers going forward, wherever possible, while minimising biosecurity and plant health risks? I entirely endorse the basis that he set out as to why the regulations are required.

As this is a new regulation, and following the concerns raised in the 50th report of the Secondary Legislation Scrutiny Committee, why did the department decide not to conduct an impact assessment in this case? I am led to believe by the Agricultural Industries Confederation, a trade association representing a UK agrisupply industry that has a farm-gate value of more than £8 billion, that most of the seeds, presumably for agricultural purposes, actually come from the European Union. So the fees to which my noble friend referred, some applying from June this year and some from March next year, will apply for the first time, as they have not been importing in any great measure from the rest of the world. As the noble Baroness, Lady Ritchie, asked, does my noble friend have a ballpark figure as to what the size of the fees, the scale and percentage of the fees on their costs, will be?

I notice that the Explanatory Memorandum clearly states that there was a consultation with the relevant trade bodies, including the National Farmers’ Union, the Horticultural Trades Association and the Fresh Produce Consortium. Was the Agricultural Industries Confederation consulted as part of the preparation for the regulations before us today?

I thank my noble friend and the department for delaying the introduction of the fees, in particular those on imports from the EU, because that indicates that my noble friend and the Government are aware that there will be an impact on the agricultural businesses concerned. I ask those few questions about how wide the consultation was and about the reasons for not undertaking an impact assessment. There is, in fact, quite a major change in that most of the seeds, as I indicated, are imported from the EU and so will not previously have incurred a fee, as not many seeds were imported from the rest of the world. How will my noble friend and his department seek to remove and minimise other potential non-tariff barriers wherever possible?

I also ask, from a personal interest, whether FERA, which was in my constituency for the last five years I was in the other place, has done any work on the consignments that have been identified as having a potential issue. I am full of admiration for the work it does. I realise that its status has changed and that it does some private sector work as well, but it would be good to know that it is still assisting the Government in this regard. With those few remarks, I bid the regulations well.