Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts

Wednesday 13th March 2019 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, these regulations group elements of six policy regimes: natural mineral waters, spirit drinks, food labelling, wines, genetically modified organisms and animal imports. The purpose of this statutory instrument is to make purely technical or operability corrections to ensure that these regimes continue to function as intended. These corrections deal with removing or amending references to EU directives, removing or amending EU references, converting EU procedures to UK procedures and transferring EU functions to the UK.

This instrument allows the recognition of existing natural mineral waters from the EU, Iceland and Norway to continue on a transitional provision for at least six months, thereby maintaining the status quo immediately before exit day. This instrument also provides power to the Secretary of State to withdraw recognition of existing EU natural mineral waters after a period of notice if the EU was not to reciprocate and recognise UK natural mineral waters. Of course, we hope that the EU will recognise our mineral waters in good faith, as indeed we are doing.

With the exception of the Secretary of State’s powers over recognition of natural mineral waters, this instrument makes no further substantive changes. Without this provision, existing natural mineral waters which obtained recognition in or by a member state in the EEA would not have the right to be legally sold in England, irrespective of the Secretary of State’s powers to regulate this field. That would lead to restricted consumer choice in the UK, where one in three bottles of natural mineral water are of EU origin, and changes to product prices due to market forces. We have therefore taken a pragmatic view on that matter, and it is necessary that we do so.

The statutory instrument will also ensure that we have a fully functioning scheme for spirit drinks’ geographical indications, allowing us to register and amend applications. This is particularly important for Scotch whisky, which in 2018 had a record £4.7 billion-worth of exports. Although these exports would not directly be put in jeopardy without this SI, the industry would lose the ability to amend the Scotch whisky technical file to better reflect industry practice. The technical file is the document which provides the technical specifications for products using the Scotch whisky GI name: for example, production process, geographical area, specific labelling rules and so forth. This SI amends the applicable regulation to transfer functions from the European Commission to the Secretary of State.

On food labelling, this SI transfers a series of legislative functions which are currently conferred upon the European Commission so that they will instead be exercisable here in the UK. Transferring the functions means that we can make important changes concerning how certain pieces of information can be presented to the consumer. These powers currently sit with the EU Commission and ensure that we would not require new primary legislation to, for example, update the list of allergens that must be labelled on prepacked food or change the way that nutritional values are presented.

The SI also transfers the power to make rules for the production processes used to make aromatised wines, as well as rules on methods of analysis and administrative and physical checks, and transfers powers on wine relating to GI applications from the EU to the Secretary of State. It allows us to update laws in relation to the production and analysis arrangements for aromatised wine by means of regulations. It will also enable us to consider applications for new wine GIs and deal with applications to amend and cancel wine GIs on the UK wines GI register. Without doing so, key aspects of our wine quality policy would become inoperative, which would put us in breach of the WTO provisions. It also rolls over the framework for how producers protect geographical indications for aromatised wines, as well as the mechanisms to control the production and use of those geographical indications.

For genetically modified organisms, the SI makes purely technical changes to keep legislation operable on exit. I emphasise that there are no policy changes. It makes operability changes to transfer existing powers from the EU to the Secretary of State, thereby allowing the Secretary of State to develop technical statutory guidance on sampling and testing for the presence of GMOs, to amend the threshold above which products must comply with traceability and labelling requirements, and to apply unique identifying codes to GMOs. This will ensure that we can continue to enforce the rigorous rules governing genetically modified organisms.

Finally, this SI amends animal health provisions. It makes operable provisions relating to the import of cattle semen, pig semen and horse semen, ova and embryos. These amendments are purely technical, and preserve the current regime for imports and for protecting the UK’s biosecurity. The SI also makes minor operability amendments to two other animal health provisions, one laying down a health certificate used to ensure the health status of certain imports of live animals and products of animal origin, and the other making provision for the appropriate UK authority to publish approved lists of border inspection posts relating to the movement of animals and animal products. In both cases, the amendments are minor and technical and do not introduce any new policy.

Defra has consulted the devolved Administrations on the amendments in this instrument and they have consented to its coming into force. The instrument concerns changes for the United Kingdom except as regards natural mineral waters—those apply only to England—and decisions on GMOs, which are a devolved matter for Wales, Scotland, and Northern Ireland. As the natural mineral waters amendments apply only to England, each devolved Administration would have to provide their own equivalent amendments to their respective natural mineral waters regulations. We expect the devolved Administrations to mirror the same policy position, but they have yet to lay their respective provisions in legislation.

Amendments made to Regulation (EC) No. 1830/2003 on the traceability and labelling of genetically modified organisms will apply to the UK. They respect that decisions on GMOs are a devolved matter.

The natural mineral water policy decisions were subject to a public consultation, which ran from 16 October to 13 November last year. Defra engaged all major stakeholders in the process throughout 2018, from individual companies to industry bodies. We have also written to the main stakeholders to explain the implications of the instrument.

These measures will ensure that the policy regimes for natural mineral waters, spirit drinks, food labelling, wine, aromatised wine, GMOs and animal imports remain able to operate. With the exception of natural mineral waters, where we have consulted extensively, this instrument makes technical or operability corrections ensuring that these regimes continue to function as intended. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome the regulations, and given my heritage—born in Edinburgh—find particularly pleasing those concerning Scotch whisky exports, which obviously boost trade for the whole country.

From my Question earlier this week, the Minister will be aware of my interest in traceability and labelling. Unfortunately, we did not have time to explore it then. I am grateful to him for setting out the thrust of the statutory instrument. He went to some length to explain that this instrument is technical in nature and makes no public policy changes, but he will be aware of the fact that the 19th report of Sub-Committee B of the Secondary Legislation Scrutiny Committee states very clearly that the regulations give rise to issues of public policy likely to be of interest to the House. Therefore I am grateful that we are having the opportunity to debate them today.

North Yorkshire is still smarting from the fact that Shepherds Purse Cheeses used to produce a very popular cheese called Yorkshire Feta, which, not being produced in Greece, fell foul of the GI, and so for a time was called Yorkshire Fettle. To my embarrassment, I am unsure how it is marketed now.

Can the Minister provide an assurance that we will continue to follow the Cocoa and Chocolate Products (England) Regulations 2003? I do not necessarily blame the Government for the volatility of the pound, but we have seen changes to the pound since the result of the referendum was known, and, over the last two weeks, increasingly volatility. This has huge implications for cocoa and chocolate products. The Minister will be aware, for example—without naming a producer, because other products are available—that we tend to introduce milk chocolate here with a lower cocoa content and a higher oil vegetable fat content. I am seeking an assurance that we will continue to be aligned with the European Union rules regarding cocoa and chocolate products, and in particular, their content, insofar as these regulations relate to that.

[Baroness Byford (Con)]

I thank the Minister for introducing the first of these amendments. I have two issues that I should like to follow up on. The first is about geographical indication. I see from the brief that the UK has some 86 product names already in being; it cites Scotch whisky, Welsh lamb and Cornish pasties. I would love to have had Stilton cheese and Melton Mowbray pork pies in there, coming as I do from the Leicestershire end. Can the Minister clarify that this will in no way restrict new products from becoming listed?

Secondly, I am grateful for what he said on the GMOs, and accept the importance of labelling. But again, looking to the future with the same rigour, I trust that new developments will not be precluded. Again, I should like some clarification, but I welcome this amendment.

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[Lord Gardiner of Kimble]

My Lords, I am most grateful for all the comments that have been made. I agree that they cover issues beyond the statutory instrument, which, as I said, enables regimes to be operable. The subject matters are very important. I can say immediately to my noble friend Lady McIntosh and the noble Baroness, Lady Jones of Whitchurch, that, yes, we will continue to follow the Cocoa and Chocolate Products (England) Regulations 2003. Of course, the whole proposal for beyond this afternoon’s debate is that we are not seeking, with these SIs coming through the withdrawal Act, to have any policy changes at all. We will continue with that.

On the question of geographical indications, on which a number of points were made, I entirely agree with my noble friend Lady Byford that, perhaps of the 86, Stilton was definitely most worthy of comment. However, I think that all of us, and beyond, recognise that we have some extraordinarily wonderful produce from all parts of the United Kingdom. We should celebrate them. I assure your Lordships that the GI schemes that will come into force in the UK on the day that we leave the EU will guarantee that UK GIs will remain fully protected in the UK. There is absolutely no question that suddenly these extraordinarily important products would have to share their centuries-old heritage with others.

The forthcoming GI legislation will also ensure that the UK continues to comply with these obligations as a member of the World Trade Organization, including under the TRIPS agreement on intellectual property. That is vital in empowering the UK to strike new trade deals with other countries, a number of which are due to come into force on exit day. Yes, we wish to cherish the GIs that we have, but we also see every merit—I am sure that this is the case around the world—in ensuring that there is scope for new produce to be a celebration of wherever it comes, as in this country.

A number of points were raised on GMOs. Although this is about operability, a number of your Lordships raised the issue more generally. An important point was made about the ability to make changes to allow the UK to keep pace with technological advances and labelling requirements in the international arena. It is important that we are in a position, through this SI and beyond, to ensure that we can attend to any necessary changes. The devolved Administrations may make their own amendments or, as we have often seen with these SIs—I think that this will continue—the Secretary of State may do so on DAs’ behalf with their agreement.

The noble Baroness, Lady Jones of Whitchurch, asked about expertise in this area, as did the noble Lord, Lord Trees, my noble friend Lady Byford and the noble Baroness, Lady Bakewell. The current situation is that the European Food Safety Authority issues an opinion on an application. For the UK, the EFSA opinion is considered by the Advisory Committee on Releases to the Environment. ACRE is a statutory body of experts providing independent scientific advice to UK Ministers on potential risk to the environment caused by any GMO.

To emphasise the importance of the scientists involved, I can report that ACRE comprises nine independent scientists with expertise in a range of disciplines, including ecology, microbiology, entomology, soil biology and biochemistry, plant pathology, genetics and plant biochemistry, medical microbiology and human infection, molecular biology, genomics and systems biology and synthetic biology. The Food Standards Agency considers the application in terms of safety as food and feed. ACRE’s advice informs the UK’s vote from the environmental perspective. That is how it has been, with that statutory body of experts.

Going forward, EFSA’s opinions are publicly available, so we will continue to have access to them, and ACRE will continue to advise the UK Government on the environmental aspects of applications made for, for example, any GM crop. The final decision will now be made, as I say, in the United Kingdom, but I emphasise that the Government place the greatest importance on environmental protection, all of it based on independent scientific expertise of the range that I outlined—I am sorry that it took a little time, but I wanted your Lordships to know that the range of expertise covers almost every area that could be interconnected with these matters.

The noble Lord, Lord Trees, raised the question of inspections. On imports from the EU, we have decided that the risk will not change on day one. There may not be reciprocity but we will not change our arrangements, because we do not believe that there are any new risks to UK biosecurity. The only additional inspections that we will have for imports will apply to live animals, animal products and high-risk food and feed not of animal origin that originates from a third country and travels through the EU before arriving in the UK. We are considering options to minimise regulatory duplication for transits entering the UK via the EU, and I confirm that there will be no change to the level of expertise required at UK BIPs. We are conscious of the flow of trade, but we need to base all our judgments on biosecurity risk as well. The Chief Veterinary Office, who constantly advises me and the Government on such matters, is absolutely clear that there is no risk.

The noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Trees, raised a number of other points. I absolutely understand the sensitivities of the Northern Ireland issue. I emphasise that we remain focused on securing a deal that will guarantee no hard border. We have always been clear that the unique social, political and economic circumstances of Northern Ireland must be reflected in any arrangements that could apply in a no-deal scenario. In the event of no deal, we will do everything possible to avoid a hard border between the north and the Republic and to uphold the Good Friday agreement. Therefore, today we confirm a unilateral approach to checks, processes and tariffs. That approach will of course be temporary, but if there is no deal we will not introduce any new checks or controls on goods crossing from Ireland to Northern Ireland, including any new customs declarations for goods.

I obviously hope very much that the same will be reflected by the EU and the Republic but, as I said during Questions earlier this week, a deal involves two parties. In making that pragmatic decision, we have behaved correctly. We have been told that there will not be reciprocity on natural mineral water, but we took the view that we would continue to accept it from the EU. Yes, that recognises consumer choice but it is important to recognise our pragmatic approach. There is absolutely no intention to see some trade war or dispute emerge. We are clear that the Secretary of State has the ability to withdraw recognition but, in practical terms, with this SI and beyond we have seen a collaborative approach between all home countries. That is the point rightly raised by the noble Baroness, Lady Jones of Whitchurch. After the guaranteed first six months of rolled-over recognition, all the home countries would need to agree—I hope that it will not be the case, but this is the provision—that there might be a time to give notice, as stated in the instrument, and how long that notice would be. Again, I say that the UK has been pragmatic and certainly does not seek anything other than a meaningful and strong relationship in this case, the drinking of natural mineral water. I absolutely endorse what the noble Baroness said: I find it curious how much water we import. Think of the imported water miles, when we have Buxton, Highland Spring and Welsh water—

[Baroness McIntosh of Pickering]

And Harrogate Spring Water.

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[Baroness Jones of Whitchurch]

I am sorry to interrupt the Minister as he gathers his final thoughts, but it was remiss of me, since we strayed into the science of GMOs, not to have declared as interest as the chair of Rothamsted Centre for Research and Enterprise, part of Rothamsted Research, which does research into GMOs.

[Baroness McIntosh of Pickering]

I am a member of the All-Party Group on whisky and food, do receive hospitality, and had dinner with a chocolate company, which was not concerned by what we have discussed today.

Brexit: Food Labelling and Food Safety

Baroness McIntosh of Pickering Excerpts

Monday 11th March 2019 Lords Chamber

Asked by

[Baroness McIntosh of Pickering]

To ask Her Majesty’s Government what plans they have to ensure that food labelling enables traceability and for the United Kingdom to participate in the Rapid Alert System for Food and Feed following the United Kingdom’s withdrawal from the European Union.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, food traceability is required by law and enabled by accurate record-keeping at all stages of the food supply chain, supported by mandatory on-label requirements. Existing traceability and supporting labelling requirements will be carried over into UK law through the European Union (Withdrawal) Act, ensuring continued high levels of safety. While comprehensive contingency plans are in place, the Government remain committed to negotiating full access to RASFF, recognising that continued data sharing will be mutually beneficial.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful for that Answer. My noble friend will be aware that every 10 years or so, there is a potential food scare—I am thinking of BSE, foot-and-mouth and the fraud scandal of horse-gate. At the moment, there are 10 food alerts each day and Britain is one of the major beneficiaries from the European rapid alert system. Will my noble friend ensure that our remaining part of that scheme is concluded at the earliest possible time and if we crash out of the EU without a deal, we will take precautions? This is not the time for the UK to go UK-centric. We need to keep our food as safe as possible for both human and animal consumption.

[Lord Gardiner of Kimble]

My Lords, I entirely agree with my noble friend. It is absently paramount that there is confidence in our food and I believe that the FSA is well equipped to provide that. It has been upscaling to increase its capacity and capability. Of course, the optimum is that we should remain part of RASFF and in point of fact it is mutually beneficial because we are one of the most active contributors to it. However, we are also strengthening our links through the WHO’s INFOSAN network, enhancing stakeholder engagement and improving through the FSA’s strategic surveillance programme. I absolutely take the point that it is paramount that our food remains safe, and we are ensuring that.

Animal Welfare (Service Animals) Bill

Baroness McIntosh of Pickering Excerpts

2nd reading (Hansard): House of Lords
Friday 1st March 2019 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate my noble friend Lord Trenchard and my right honourable friend Sir Oliver Heald for bringing forward a very timely Bill. It is also a delight to see PC Wardell and Finn in the Chamber. That gives us an opportunity to thank police officers and their heroic hounds for all the work they do. I welcome the Minister, my noble friend Lord Gardiner, to his position at the end of what has been a particularly busy week for his department in the House of Lords.

This Bill is especially welcome because it will close a loophole, but I would like to press my noble friend on a number of details to ensure that it is not only small and perfectly formed, but that it will cover all current and future circumstances that may arise. What the case of Finn has demonstrated is that while such attacks are not a frequent occurrence, they create a wave of public revulsion and we need to respond to that in a timely way.

I associate myself with the changes that were brought to the Dangerous Dogs Act 1991 in the Anti-social Behaviour, Crime and Policing Act 2014. The Dangerous Dogs Act itself showed that when all parties subscribe to a particular piece of legislation without proper scrutiny, sometimes we have to revisit it. That Act is very much a case in point.

I pay tribute to the work of Defra and the Environment, Food and Rural Affairs Committee, on which I have served. We looked closely at preventing attacks and creating a stronger offence and penalty for attacks on guide dogs and assistance dogs, as has been referred to so eloquently by my noble friend Lord Holmes. I will spare his blushes, but while it is fair to say that my noble friend and the noble Lord, Lord Blunkett, are particularly popular Members of your Lordships’ House, they cannot compete with the popularity of Lottie and Barney as their companions.

The Government have committed to introducing legislation to increase the maximum penalty for animal cruelty from six months’ to five years’ imprisonment. I understand that as recently as 8 February, the Government stated in the other place that they will introduce legislation to this effect when the parliamentary agenda and timetable allow. Is this not that moment? Does the parliamentary timetable on a Friday morning not allow for a small amendment to incorporate that sentence? It would send out shockwaves and give teeth—if you will pardon the expression—to this Bill. Will my noble friend consider whether this is the opportunity to increase the maximum penalty for the offence from three years’ imprisonment—under the Animal Welfare Act 2006, as I understand it—to five years? That would complete the work of my noble friend Lord Trenchard and Sir Oliver.

Also, as my noble friend mentioned, can the Minister confirm that all military service dogs will be included, as appropriate? I was MP for the Vale of York for five years, and a number of animals policed the RAF establishment. They do a fantastic job of work, often in the background. Will they be covered by this law? If not, could we amend the Bill, ideally by the Government bringing forward an amendment that we could all support to extend this provision to all military service dogs, as my noble friend suggested.

Does this Bill covers police horses? Finn suffered horrendous injuries, but horses have also been injured. Those injuries may not have been fatal or life-threatening, but there is the potential for that. Can we close that loophole as well, before we need to introduce another law after a future tragic incident? Will my noble friend look favourably at bringing forward a government amendment to extend this provision to horses—unless he can confirm that horses are covered? The point is not made clear in his department’s Explanatory Notes or in the excellent notes prepared by the House of Lords Library, for which I am grateful. I am sure that we would all support such an amendment.

I conclude by adding my congratulations to my right honourable friend Sir Oliver, whose work is being carried forward today by my noble friend Lord Trenchard. I enthusiastically support the Bill because it recognises the work of heroic hounds such as Finn, and their heroic handlers like PC Wardell.

Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment etc.) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts

Wednesday 27th February 2019 Grand Committee

[Lord Trees (CB)]

My Lords, I thank the Minister for his explicit and clear explanation of these regulations. I have very little quibble with them, but just a few points. As he emphasised, a significant change is to require the holders of market authorisations to be registered in the UK. This will impose a small burden. About £100 was estimated in the Explanatory Memorandum, which seems extremely reasonable and justified, because this measure is required to bring the market authorisation holders under UK legal jurisdiction. That is clearly extremely important to protect animal health and public safety.

The monitoring of residues, to which the Minister referred, is extremely important. As he mentioned, it is devolved. Can he tell us which processes are, or will be, in place between the devolved authorities in the UK to ensure that we maintain consistent levels and standards, so as not unduly to interfere with internal trade within the UK? I was going to ask the Minister about the concerns raised by your Lordships’ Secondary Legislation Scrutiny Committee in relation to the lowering of standards, but I accept his assurance that those concerns are unfounded.

Finally, I make a plea to the Minister, which I am sure he will fully understand. These regulations will significantly increase workload for the regulatory departments in our pharmaceutical companies, which form an important industry in the UK. I ask him to ensure that at least some degree of understanding and flexibility applies to the government agencies responsible for interacting with those companies. All in all, however, this is a very satisfactory SI.

[Baroness McIntosh of Pickering (Con)]

I congratulate my noble friend the Minister on introducing this SI. I am not a vet but an associate fellow of the British Veterinary Association, and I am grateful for the briefing it has given me for today’s purposes. I want to press the Minister on the question of the potential cost. Historic and current approvals will obviously remain in place, but can he put my mind at rest on what the future cost will be? Can he also assure the Committee that the SI before us this afternoon will not potentially raise a barrier to trade?

In particular, I understand that the previous harmonisation and mutual recognition of products will not necessarily go forward. It is good that we are being nice about products coming this way, but will the Minister ensure that those going the other way will be equally assured? I understand that reciprocity will not be guaranteed in the event of no deal. I do not disapprove of the SI; I understand the absolute need for it, and welcome it. But what is happening to ensure reciprocity going forward?

Can my noble friend also give a hint to the Committee—this could be in the SI; I might have missed it—of what the cost would be of placing a veterinary product from the UK across the EU? That would be most helpful to know, as I understand that there will potentially be additional costs going forward. Could this lead to some companies, which might otherwise have chosen to establish themselves in the UK, choosing not to do so? This is one of the concerns that was expressed by the Secondary Legislation Scrutiny Committee Sub-Committee A, as it could mean a reduction in the number of veterinary medicines being available after exit. I assume this is something that the SI deals with. There are two sides to the coin. One is that a new product is going to cost more to be placed in another EU member state, or potentially an EEA country, even in spite of this. The flip side is that a company that may have wished to place itself in the UK may have second thoughts about doing so. Will this cover the situation if there is no deal, as the statutory instrument before us will presumably replace what would have been a transition period?

--- Later in debate ---

[Baroness Masham of Ilton]

I had 2019.

[Baroness McIntosh of Pickering]

They are all 2019.

[Lord Deben (Con)]

Just to make it easy.

Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts

Wednesday 27th February 2019 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome these two sets of regulations, one of which is clearly more substantive than the other. I would note that the value of exports of animals and animal products is currently running at £6.7 billion, so this is not an insignificant trade. I have some questions for my noble friend.

Concern has been expressed by the British Veterinary Association and others—this is also mentioned by Sub-Committee B of the House of Lords Secondary Legislation Scrutiny Committee—that there could be a hurdle. My first question is this: if we pass this statutory instrument today, will it take immediate effect, thus ensuring that there will not be any form of hiccup? I have read that it could take six months for Britain to be listed as a third country. Does this statutory instrument prevent any hiatus occurring? I hope that my noble friend can reassure the Committee today that our exports will continue. It has been put in terms that the UK may not be permitted to make the application to become a third country until after 11 pm on 29 March—if that deadline is upheld. The briefing from the BVA goes on to state that the process can take several months, while according to the National Farmers’ Union, Defra itself has indicated that the process could take up to six months. It would be reassuring to know that that is not the case.

My noble friend will be aware of my concern especially about racehorses. He mentioned that the statutory instruments before the Committee relate to imports. That begs the question: what is the position as regards exports? We have the tripartite agreement which relates to racehorses, presumably covering racing, breeding and so on. What is the position as regards exports under this instrument? Are we going to have a separate SI to cover that aspect, or have I missed something here? Can my noble friend assure me that our racehorses will be able to go to Ireland and France to compete in races on 30 March and beyond?

I turn to passports for pets. What reciprocal arrangements are in place? Again, my noble friend has reassured the Committee adequately on the position of dogs and other animals coming into this country, but if someone wishes to take their pet to an EU country on 30 March, will that still be the case? Where are we as regards reciprocal arrangements for pet passports?

I would like to put down a marker. I know that my noble friend and the department are coming under great pressure to ban the trade in live animals. I would like to be first out of the stalls—to use a racing analogy—that we do not want to see an end to the trade in live animals. I presume that these two statutory instruments should put my mind at rest in that regard.

In introducing the two sets of regulations, in particular as regards the plethora of regulations that they are amending, my noble friend has said that we want to ensure the safety of food and animal products coming into this country. What progress has been made on our remaining within the European Food Safety Authority and signing up to the rapid alert system for food and feed scheme? My noble friend will be aware of my interest since I followed the “horsegate” scenario in 2013 very closely. Obviously, we want to make sure that there is no possibility of that arising again after March this year.

With those comments, I thank my noble friend once again for introducing these two important sets of regulations.

[Lord Rooker (Lab)]

My Lords, I had not intended to visit the Grand Committee on these SIs today because, as the Minister said, there are no major policy changes. I declare an interest—it is not an interest, really—because I am a member of sifting committee B, helping the world go by with statutory instruments.

We published a brief note on these two SIs in our 15th report and I wish to raise a couple of points which I did not know about until earlier this morning. It is not without significance that the medicine SI we debated earlier and this SI started life as negative instruments from Defra, which did not want them debated. That was the view and that is what it is all about. These two SIs were upgraded following the sifting process.

Defra has about 10% of the instruments we have seen and recommended for sifting. It has agreed all the recommendations—I am not complaining about that—but I wish to address a point which was raised with me this morning by Friends of the Earth. While I have been sitting in the Room, I have realised that exchanges have taken place between Defra and Secondary Legislation Scrutiny Committee officials. I want to put on record that Friends of the Earth have sent a note about several matters, including incoherent amendments and drafting errors.

In relation to the Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019, the Friends of the Earth note states:

“Regulation 50 … amends the Commission Regulation 2018/659. Regulation 50(13) of the 2019 Regulations omits Article 12(2) of the 2018 Commission Regulation which requires that when checks on live horses coming into the UK return inconclusive, they should be subject to a definitive testing for African Horse Sickness and a list of other diseases listed in Article 11(1) which is retained”.


To cut a long story short, Article 12(2) is omitted and not replaced and there is no mention of it in the Explanatory Memorandum. Is this the case?

While the lawyers from Defra were not available earlier today, I understand that the policy lead believes it has fully copied across into the SI the provision from the EU regulation that requires that when checks on live horses coming into the UK return inconclusive they need to be retested. That is the point I want the Minister put on the record. There should be no weakening of testing arrangements, but if Defra has not copied across something then it will be somewhere else. I found this enormously complicated instrument as I tried to go through the aspects raised by Friends of the Earth.

I shall not go through the details of what Friends of the Earth has said—I am quite happy—and I presume it has sent a copy of the note to the Minister. However, there are references to changes in regulations which do not exist. Regulations 7, 26 and 32 all refer to amendments and points which do not exist; they modify something which does not exist. I am quite happy to leave the note for the Minister and his officials. I do not want to go over issues that would not be suitable here.

The central issue is that some people have looked at this and thought, “Hang on a minute, we have not fully copied across but policy lead thinks we have”. I thought it worth while to raise the point because, if it gets out there, you cannot pull it back if it is wrong. If it can be satisfactorily dealt with here, it would be for everyone’s convenience.

Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts

Wednesday 20th February 2019 Grand Committee

[Lord Trees (CB)]

My Lords, I am grateful to the Minister for his clear exposition. Notwithstanding his assurances, I would like to seek further assurance on two points. First, will this instrument adequately maintain the biosecurity of the UK horse population, particularly regarding African horse sickness and the movement of horses into the UK? My second point was touched on by the noble Baroness, Lady Byford. In view of the fact that the welfare of horses in the UK might be hindered by the difficulty and costs of enabling humane slaughter of unwanted horses, can the Minister assure us that this SI places no additional impediment on the humane slaughter of horses in approved equine abattoirs, which in some cases might be abroad?

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome the statutory instrument’s purpose and I thank my noble friend for introducing it. We should not take equine health for granted, given the latest incident of equine flu and the devastating effect it could have on the racing community. I should declare that I am a member of the APPG on racing, and I live on what was a stud farm in North Yorkshire.

What is the relationship between the statutory instrument and the tripartite agreement? When the tripartite agreement was created it was outwith the European Union. It obviously continues to function extremely well and it is slightly confusing that it should have been brought in the EU’s remit when it refers only to horses travelling between the UK, Ireland and France. I know there is great concern that this agreement should continue. I hope the statutory instrument will allow that—it could be one of its benefits—but given that we now have almost less than a month to go, what will the status of the tripartite agreement be and what is the specific relationship between the statutory instrument and that agreement?

Most of the reasons why horses and ponies travel are for racing, breeding and the purposes of riding but, as my noble friend Lady Byford pointed out, there is quite a thriving trade on the continent for edible horsemeat. I confess that I did so once as a student in Denmark, when a trick was played on me and I did not quite realise what I was eating. Having grown up with a little pony, I was absolutely devastated afterwards. There was a sinister development in, I think, 2012 with the horsegate scandal. It showed that there is the potential for, or has been, an animal health issue almost every 10 years: we had BSE in the early 1990s, foot and mouth in the early 2000s, and then what was thankfully only a passing off, not a human or animal health food scandal. But it was totally unacceptable that we never really got to the bottom of the chain. The Select Committee that I chaired tried to invite witnesses who could have proved beyond doubt that there were Irish connections involved, which we were unable to do because we could not subpoena witnesses from outside the United Kingdom.

This is an extremely important instrument for biosecurity, animal health and potentially passing off. I hope my noble friend will put my mind at rest that that is its basis. I have a Question coming up next month, so I will have the opportunity to pursue that further.

My noble friend Lady Byford mentioned the Explanatory Memorandum, in which paragraph 3.2 on page 2 refers to the Lords sifting committee recommendation that this instrument should use the affirmative procedure. It also mentions the “potential costs”. In the disclaimer—for want of a better word—at the end, it is recorded as saying that,

“the total cost … falls below the £5 million”,

but the committee must have been concerned. Will the Minister repeat the actual cost for the benefit of the Committee this afternoon? It is obviously below £5 million, but I will be interested to know what the actual cost will be. I welcome that the department, through this instrument, will continue to allow free movement with a minimum of disruption. That begs the question of potential checks in the event of no deal at ports of entry to the continent. I hope that can be resolved by carrying over the tripartite agreement. If it was initially outwith the European Union, I see no reason why we cannot reach an agreement between the UK, Ireland and France that it should continue.

[Baroness Parminter (LD)]

My Lords, I too thank the Minister and his officials for the helpful way in which they have outlined the impact of this statutory instrument and answered questions from those of us who brought them to their attention. I am particularly glad that we can reassure the general public. I feel that very few of them will read the statutory instrument, but it makes it clear that the status quo will be maintained with regard to equine passports. We do not want horse owners thinking that there will be changes in when they need to get their horses identified or in the status for selling feral ponies because although the SI removes those requirements, they are found elsewhere in domestic legislation. If you read the SI, you would not know that, but it was very reassuring to hear from the Minister that the status quo is maintained with regard to equine passports.

I add my voice to the voices of those who raised the issue of horsemeat entering the food chain. I understand from officials that the regulations with regard to the waiting time before that meat can enter the food chain are carried over in their entirety. Going on from what the noble Baroness, Lady Byford, said, it is not just horses going abroad. Horses are slaughtered in the UK. We have four registered slaughterhouses in the UK. I was amazed to find out that 2,800 animals a year are slaughtered in the UK for the food chain.

I do not oppose this statutory instrument but it highlights a number of concerns about what will happen to the trade in and moving of horses if there is no deal. As the noble Baroness, Lady McIntosh, said, this mainly concerns racing, competition and breeding, but individual horse owners take their horses to the continent, including younger people who might go to train to be great jockeys in the future, which would be fantastic. It is estimated that 42,000 such journeys are made every year, so if there is no deal, the impact will be great.

I have one question for the Minister. As the noble Baroness, Lady McIntosh, has noted, the Government’s technical note makes clear that the UK will need to be listed as a third country by 29 March. If we are not listed, we cannot move horses to Europe. Can the Minister confirm whether I am correct that if we are not listed by the EU as a third-party country, no horses will be able to move? That would have an incredibly big impact. The noble Baroness, Lady McIntosh, said that the impact assessment, such as it is, refers only to the impact of this tiny SI, which is less than £5 million, but if there is no deal and horses cannot move, that will have a massive impact on the industry and on individual horse owners. Have the Government made any estimation of the cost of that devastating outcome?

The second area I want to touch on is that if there is no deal but we are listed, there will be a need for the new ID document, as the Minister rightly identified. As he said, this should be for non-industry equines only. However, having listened to the debate in the Commons, it seems that there is the possibility that the Commission may not recognise our stud books; that is my understanding of the Commons debate. I would be interested to know whether there is a possibility of the Commission not recognising our stud books. In that case, all equines, including industry equines, would be required to have ID documentation. I know that the Minister has made it clear that the documentation, both the export certificate and the ID documentation, would be available at a minimal cost, but they will require extra blood tests which cost hundreds of pounds. As the noble Lord, Lord Trees, mentioned in the debate on an earlier SI, this will require vets. However, if we do not get a deal, we will not have the 50% of our vets who come from other parts of Europe. We could be under real pressure in terms of the number of vets we have. Again, that would put an extra burden on horse owners and it is possible that the industry might have to wait longer to enable the veterinary profession to undertake these extra requirements. All of that comes on top of the extra border inspections which may be required at ports. I believe that most horse owners are very caring and considerate; they do not want to see their horses stuck at borders, which would be the result of no deal.

This SI points to the fact that, at the very minimum, there will be extra costs, extra administrative requirements and undoubtedly extra time for horse owners if we have no deal. If we have no deal and we do not get listed as a third party, there will be no movement at all, which will have a massive impact. This is another statutory instrument which demonstrates the huge loss that this country will bear if we leave the European Union on 29 March.

Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts

Wednesday 20th February 2019 Grand Committee

[Lord Trees (CB)]

My Lords, again I thank the Minister for his very clear and extensive exposition. I have one or two queries regarding the animals legislative functions regulations, particularly concerning regulation EC 999/2001, which concerns the prevention, control and eradication of transmissible spongiform encephalopathies—TSEs. Certain substitutions have been made under article 4—“Safeguard Measures”—on which I seek the Minister’s assurance. Specifically, in article 6, the appropriate authority is given any power to disapply the requirement for the annual monitoring programme under certain circumstances—a monitoring programme is required under current EU regulations—and in article 7, the appropriate authority can prescribe tolerated levels of “insignificant” amounts of animal protein in feeding stuffs.

Without seeing the original material, these sound a little concerning. Can the Minister assure us that they do not represent departures from the original legislation and would not leave us unaligned with current EU 27 regulations? That might create a prejudice against our livestock exports.

[Baroness McIntosh of Pickering (Con)]

My Lords, these regulations are very technical and I congratulate my noble friend on moving them. I have a question that relates solely to the Animals (Legislative Functions) (EU Exit) Regulations 2019, in particular to paragraph 7.9 on page 4 of the Explanatory Memorandum covering Regulation 9. This is the animal slaughter regulation which will transfer, as my noble friend has explained, the legislative functions from regulation EC 1007/ 2009. I notice that we are transferring the power specifically and allowing Defra, presumably, to,

“define the maximum numbers of poultry, hares and rabbits to be processed by low throughput slaughterhouses; and publish guidance”.

What is the average throughput of these animals at the moment? Is my noble friend minded to specify other categories as well?

Perhaps the Committee will permit me to make a general comment. I was in the European Parliament as a directly elected Member when we passed the original abattoir directive, as I think it was known. I argue that it was not the fault of MEPs that we applied that very restrictively in the UK. That led to a number of slaughterhouses closing. A point of principle has been established—I am sure my noble friend is wedded to it, as am I—that animals for human consumption should be slaughtered as close to the point of production as possible, yet we now find ourselves in a situation where we have a greatly reduced number of slaughterhouses. I had the privilege of representing two different areas, but for 18 years I represented next door to the joint largest livestock production area in the north of England. I believe that animals being transported further, because of the reduced number of slaughterhouses, was a factor in the foot and mouth disease epidemic. I hope that my noble friend will take this opportunity to say that we will draw the line and that we have no intention of reducing the number of slaughterhouses through this or any other regulation.

[The Duke of Montrose (Con)]

My Lords, I thank the Minister for his detailed exposition of the extent of this legislation. It sounds as though the existing regime will transfer without too much of a hiccup in order to enforce the regulations. However, in declaring my interest as a livestock rearer and a farmer, I cannot resist pointing out that the existing system is not totally foolproof. This is really for another day, but we need to realise that certain diseases seem to slip in not just by midges being blown across from Europe. Two that affect sheep in particular which have come in are maedi visna and ovine pulmonary adenocarcinoma—OPA. These diseases are now hidden in our own flocks and are very difficult to determine.

Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts

Wednesday 20th February 2019 Grand Committee

[Lord Adonis (Lab)]

My Lords, we are expected to consider these statutory instruments in Grand Committee this afternoon about no deal, but imminently the Chamber will consider another string of statutory instruments regarding no deal at the same time. Incapable as I am of being in two places at once, I want to put on record that I think that situation is totally unacceptable. The more important business is of course in the Chamber, because it can actually approve the regulations rather than simply debating them. I think this is now the fourth time that this has happened. Last time, I made representations to the Government Chief Whip and the Opposition Chief Whip, but clearly those representations have not been effective—otherwise we would not be in this situation again today.

I do not intend to take any further part in the Grand Committee this afternoon, because I need to be in the Chamber, but I intend to speak on these regulations when they come to the Chamber, not least because there is very sparse attendance in the Grand Committee this afternoon, and I think other noble Lords would have wished to be here if they did not have to attend to their duties in the Chamber. I regard this debate as essentially unreasonable, in that it has been scheduled alongside the debates taking place in the Chamber. I do not think they will be able to substitute for the debate in the Chamber because they are happening at the same time.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend for bringing this statutory instrument forward. He will be pleased to know that I do not oppose it; I just have a couple of questions. I remind the Committee that I chaired the Environment, Food and Rural Affairs Select Committee next door for one term of five years.

My noble friend set out very clearly the importance of aquatic health to the whole of the island of Ireland. My question goes to the heart of this. I presume this is a no-deal statutory instrument; is that correct, or is it something that will continue in the event of a deal? I read with great interest of the trade deal that has been made with the Faroe Islands. I have visited those islands. I am very proud of my Danish heritage and that the Faroe Islands used to be a part of Denmark. I was intrigued to see that the United Kingdom is selling £6 million-worth of goods to the Faroe Islands, but importing £200 million of goods from them, most of which is fish, particularly shellfish. I understand that a lot of this is crabs. Will this pose a problem for Northern Ireland? Specifically, is the MSC the body that will continue to check all imports from what will effectively be third countries, including other European Union countries—the remaining 27 members of the European Union—at the point of entry? I should know the answer to this, but making the analogy with the Food Standards Agency in England, I want to ask what the relevant body will be and whether my noble friend shares my concern about ensuring that we maintain the excellent aquatic health that Northern Ireland currently has.

In paragraph 7.5 on page 5 of the Explanatory Memorandum—I think this is repeated in the next statutory instrument as well—I was delighted to see that the Government have very wisely chosen to maintain the equivalent or higher standards set by the World Organisation for Animal Health; I will not say it in French, even though I am quite proud of my French accent. I hope that is something that the Government intend to do going forward; I am sure we will discuss this. I am sure my noble friend agrees that it is absolutely vital that we maintain regulations regarding aquatic health in the EU. This is relevant because these will be third-country imports from the date of our leaving, if we leave with no deal.

[Lord Teverson (LD)]

My Lords, it is always with some sadness that we deal with a Northern Ireland issue, a part of this country that voted remain quite decisively yet is completely unrepresented in the other place. In fact, it is represented by a very extreme party of Brexit. However, we are where we are.

I say to the noble Baroness, Lady McIntosh, that in my Select Committee this morning we looked at the Faroe Isles FTA and have brought it to the special attention of the House. It would be quite useful to debate it on the Floor of the House, even though it is only our 144th trading partner worldwide.

Brexit: Food Imports

Baroness McIntosh of Pickering Excerpts

Thursday 7th February 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, we have been working closely with the Food Standards Agency on all these matters. Careful consideration has been done with the APHA, the Food Standards Agency and HMRC precisely to ascertain whether the ports and their health authorities have the appropriate facilities to accommodate the 6,000 additional checks that we think would be required because of those transit goods, but—

[Baroness McIntosh of Pickering (Con)]

My Lords—

[Lord Gardiner of Kimble]

I had better stop now.

[Baroness McIntosh of Pickering]

My Lords, I apologise. Will my noble friend satisfy those of us in this place and food inspectors that the regulations required to be in place will be passed before 29 March? What is the timetable for bringing them forward?

[Lord Gardiner of Kimble]

My Lords, obviously, we need to be ready in this case for transit goods— which I take it is the subject of the Question—and the 6,000 additional checks. Imports will have to be pre-notified. Work is well advanced with importers and agents. It is clear that those items that would not be inspected within the EU must be inspected and checked at UK points of entry. That is precisely what we have been working on and the Border Delivery Group has insisted on it.

Floods and Water (Amendment etc.) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts

Tuesday 22nd January 2019 Lords Chamber

Having taken your Lordships through each element of the regulations, I hope that you will understand why I want to emphasise that they are about fixing technical deficiencies in the floods and water legislation to ensure that it continues to operate effectively. I emphasise again that this instrument does not introduce new policy and preserves the current regime for protecting and improving the water environment. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend for introducing so eloquently and thoroughly the statutory instrument before us. Probably the most relevant of my interests is that I work with the Water Industry Commission for Scotland, which is the Scottish water regulator. I have a number of questions that I would be grateful if my noble friend could address in summing up.

Article 20 of the water framework directive says that any change to standards, values, substantive lists and best environment practice should be made only in light of technical and scientific progress. While we have been members of the European Union, we have benefited from scientific and technical expertise being subject to control and review to make sure that we comply with the water framework directive, which was the mother of all directives, with daughter directives under it—I should declare an interest also in that I was an MEP when the nitrates directive was passed, and I do not think that anyone imagined that setting the level of nitrates in water in the way that we did would be quite so prohibitive in areas such as East Anglia, where nitrates already exist in high levels. What will be the procedure if such changes are made, and how will they be tested against the best scientific and technical advice? I share the concern expressed in our debate on the previous statutory instrument that we have not had the environment Bill setting up the office for environmental protection. There is further concern that it will not come into effect until 2020.

I therefore have two concerns. First, what scientific and technical expertise will be in place to make sure that any changes are monitored against the best possible scientific advice? I refer back to the terrible reputation we had in the 1980s as the sick man or dirty man of Europe. We all have to accept that not just water companies but all of us, as water customers, have paid huge amounts to actually have some of the cleanest rivers and bathing waters in Europe. Obviously, we do not want to jeopardise that.

My noble friend may have addressed my second concern, which relates to Regulation 14, which he said has had cross-border agreement—certainly, the provision relating to the Northumbria river basin has been agreed by the Scottish Government. But it has been put to me that, by doing what the statutory instrument seeks to do, it is reducing the level of compliance with the water framework directive, and I would like to be satisfied that that is not the case. I want to make sure that we are not reducing the level of compliance in relation to the Solway Tweed river basin and the Northumbria river basin. I should declare another interest in that I think I might be a customer of Northumbrian Water during my holidays. Obviously, we want to get that right.

I welcome the specific reporting requirements, which the Minister set out, in relation to the results and grading of assessments and description of measures taken or proposed to be taken. These relate to Regulation 7(3), which amends the urban waste water treatment regulations 1994, Regulation 15, which amends the Bathing Water Regulations in respect of annual reports, and Regulation 16, which amends the Nitrate Pollution Prevention Regulations 2015. So some very good reporting systems are being made public. However, although these reports are being made public, the draft statutory instrument makes no provision for these reports to be reviewed if any failures emerge from them. Such failures would currently be addressed by the European Commission. My question is: what body will deal with any future potential failures? If the reports are made public, would it be a scrutiny committee such as that chaired by the noble Lord, Lord Teverson? What mechanism will there be to make sure that these are reviewed?

An example that might be helpful to the House and to the Minister is that, if the UK can grant derogations under the directives, as we can, the statutory instrument provides that these can be decided and granted by the Secretary of State. Currently, these decisions are also reviewed by the Commission to determine whether they are valid derogations and meet the requirements of derogations. The statutory instrument is silent as to what the review of derogations will be in future. I would like to have the satisfaction of knowing that there is going to be a review in place and what that review will be.

My final concern relates to a comment that the Minister made. He will be aware of my concern, because I have raised it before, that there is no requirement on the Government to transpose future European directives after exit day. We understood—I think it was when the European Union (Withdrawal) Act was going through its scrutiny before it was enacted—that it is open to the Government to apply, for example, any future modifications or revisions to the water framework directive, the urban waste water directive, the nitrates directive or any of the daughter directives of the water framework directive. I would like confirmation that the Government remain open to that, and that we would wish to meet the highest possible standards—provided that the cost is not prohibitive obviously, because we are all water customers as well. If that is the case, what mechanism will the Government seek to use to implement future revisions of the directives which are the subject of the statutory instrument before us today? What would that instrument be?

[Baroness Parminter (LD)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady McIntosh of Pickering; I echo, but shall not repeat, all her comments. I have two further supplementary questions that I hope the Minister might address in his summing up.

First, in the previous statutory instrument the Minister was able to outline to the House an indication of some of the bodies which will be replicating some of the scientific expertise and processes which are at present undertaken by the European Union. That was extremely helpful, and I hope that he might be able to do that for this incredibly important SI as well, given the implications not just for environmental protection but for human health.

My second point follows on from the comments about who will monitor the delivery of the regulations. There is a change from the original EU regulation. In the original, the EU stipulates the format in which people have to report to the Commission, whereas in the regulation that has just been transposed into domestic regulation for us to approve, it is only up to the Secretary of State to indicate what he or she deems appropriate forms of reporting. This arguably leads to the charge that, by not stipulating the format for reporting, it could lead to a less effective means of monitoring the regulations, which I am sure none of us wants. I hope the Minister responds to that point.