Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019

Baroness Parminter Excerpts

Monday 7th October 2019 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the noble Lord for introducing these two SIs. However, as he said, we have tabled a regret amendment and I would like to explain why. The trade in animals and animal products regulations transfer widespread legislative functions from the EU to the Secretary of State, and have been laid under the affirmative procedure to be in place before exit day. Indeed, the Secondary Legislation Scrutiny Committee considered that they were sufficiently important that they should be upgraded to the affirmative procedure.

However, the SI and the accompanying Explanatory Memorandum take no account of the subsequent passing of the Benn Act, which was overwhelmingly supported in this House and which, as noble Lords know, requires the Prime Minister to seek an extension of Article 50 if he fails to secure a deal by 19 October. In contradiction to that, paragraph 2.2 of the Explanatory Memorandum states explicitly:

“Given the change in exit day to 31st October 2019, we are using this opportunity to ensure we are as prepared as we can be to support all possible requirements of listing”.


Unless the Prime Minister is going to ignore the will of Parliament or somehow seek to subvert it, we are not exiting with no deal on 31 October.

This SI could therefore have been tabled in the normal manner, with proper scrutiny, rather than being rushed through. I say that because this really matters. As the farmers and food manufacturers have all made clear, leaving the EU without a deal would be disastrous for their businesses.

The Minister says the urgency is because the EU is considering our request for third-country listing on 11 October, but this meeting was clearly set up to consider the animal trade protections if we were to leave on 31 October, which we are not now going to do. The Minister has said that the EU already approved third-country listing in preparation for the April exit date—a decision that then became obsolete. It seems that this rushed SI is going to suffer a similar fate.

Given that there seems to be a growing political consensus that, if we leave, it should be based on a negotiated settlement, with a transition period, we may find ourselves back here all too soon with another version of this SI, with new terms of trade and a new start date. Can the Minister confirm that it is the Government’s intention to abide by the terms of the Benn Act in letter and spirit, in keeping with the wish of Parliament? Does he accept that the Benn Act, if implemented, would take a no-deal scenario off the table and make this SI obsolete? Can he clarify whether the request for third-country listing being considered by the EU later this week is specifically aimed at a start date of 1 November, or does it have flexibility for an alternative date if the negotiations continue? Does he accept that, even with third-country listing, a no-deal Brexit could have catastrophic impacts on food and farming, as British exports will still face significant barriers and the imposition of high tariffs as outlined in the Government’s own Yellowhammer paper?

As I said, this SI matters because it represents the transfer of wide-ranging legislative functions relating to biosecurity, giving the Secretary of State powers to make substantial changes to policies after exit day. In fact, it deals not just with the basics necessary to achieve EU listing; it goes further. For example, paragraph 2.9 of the Explanatory Memorandum explains that the Secretary of State will have the power to vary our listing of third countries to ensure that,

“we can adapt in the longer-term should we assess that biosecurity risks presented by third countries have fundamentally changed after we leave the EU”.

This would allow us to deviate from the third countries recognised by the EU.

Clearly, the trade in animals and animal products is of significant importance to the UK’s food security and economy, as well as being highly politically controversial. We have seen once again in the papers today details of a leaked Defra briefing detailing the consequences of a rushed trade deal with the US, which Liz Truss is promoting but which could irreparably damage the environment and public health. The leaked paper states that weakening our sanitary and phytosanitary standards to accommodate the US would damage our trade with the EU. Does the Minister accept that if the Secretary of State amends UK standards using the powers set out in this SI, it could jeopardise our third-country listing with the EU? Can he explain the circumstances in which we might deviate from the accepted EU listings in the longer term?

I move now to the detail of these two SIs. As I said, the trade in animals and animal products and veterinary surgeons SI gives the Secretary of State far-reaching powers to amend the list of third countries with which we will trade in future, but the only consultation that seems to be necessary is with the devolved Ministers in relation to trade in their own countries. Unlike many other Brexit SIs we have considered over the last 18 months, there is no requirement written into the SI to consult expert bodies or seek scientific advice, so there is real concern that the pressure to secure new trade deals will lead the Secretary of State to water down their assessment of third-country animal welfare and public health protections. For example, Chapter 5, which deals with future poultry imports, refers in paragraph (2) to,

“taking into account … the assurances which the third country can give with regard to compliance with poultry health requirements”.

It is vital that we rely not simply on the assurances from would-be trading partners but on the facts.

The Minister said that advice would be taken from independent and scientific bodies. That guarantee is not spelled out in this SI in the way that has been done in many SIs before us. There is therefore a question mark about whether the UK public can be properly assured that our future imports will be safe and continue to meet our high welfare standards.

These regulations also include a sub-delegated power that enables the Secretary of State to publish and amend lists of animals and products that require or are exempt from border veterinary checks. Can the Minister clarify the circumstances in which the lists of animals requiring veterinary checks might be amended? There does not seem to be any need for it, but will he commit to a prior consultation with the industry, particularly veterinary professionals, before this step is taken?

The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations update the rules regarding TRACES, the EU’s TRAde Control and Expert System, which notifies member states of the movements of animals and animal products through their territories to ensure compliance with animal health and public health obligations, as the Minister described. Last month, Defra requested that the EU give limited continued access to TRACES for imports. Can he advise whether this request was granted?

Meanwhile, as the Minister said, the Government have been trialling the alternative system, the Import of Products, Animals, Food and Feed System. He advised that this went live on 30 September. Is he confident that this system is robust and fully operable? How can it be fully tested when not all businesses have yet signed up? How many businesses have signed up? Are they currently expected to use both TRACES and IPAFFS? At what date will businesses be expected to transfer completely to IPAFFS? How will this be communicated to them?

Notwithstanding the detailed concerns that I have just outlined with these proposals, we believe that businesses are overwhelmingly against a no-deal exit—with all the chaos that will ensue. The Benn Act gives the Government a route out of no deal and will provide the continuity that food and farming businesses crave.

I hope that the Minister will heed this message and concede that these SIs should not have been laid in this manner and within this timescale in contravention of the Benn Act. I therefore beg to move.

[Baroness Parminter (LD)]

My Lords, I associate myself with the comprehensive remarks of my colleague on the Labour Front Bench and support the intention behind the amendment. It is absolutely clear that businesses in the farming and agribusiness community are extremely concerned about the potential impact of a no-deal Brexit on their businesses. Bringing these SIs forward under the affirmative procedure seems to fly in the face of the proposals agreed in the other place and supported broadly here—the Benn proposals—which would not enable Brexit to take place on 31 October.

I do not want to reiterate the detailed points made by the noble Baroness, Lady Jones of Whitchurch. However, I want to add a couple of extra detailed points about the Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019.

I am grateful to the Joint Committee on Statutory Instruments, which pointed out that we have these regulations because of defective drafting. Clearly, with the number of SIs that Defra has had, those things are bound to happen. I was grateful to hear the Minister’s apology—in a sense—for having to bring this forward, but I query whether this SI is just about defective drafting. If we look at one of the paragraphs that is changing, it removes an existing requirement in EU legislation for companies that deliberately release GMOs into the environment.