Wild Animals in Circuses (No. 2) Bill

Baroness Parminter Excerpts

Committee: 1st sitting (Hansard): House of Lords
Wednesday 3rd July 2019 Grand Committee

[Lord Mancroft (Con)]

My Lords, I apologise for the fact these three short amendments are starred, which I know is very unhelpful to the Committee. One of the people assisting me with them was unwell over the weekend, so I tabled them as early as I could. They are not hugely complicated, so I do not think that that will inhibit us too much. I want to record my apologies for that. I am also very sorry that I was unable to speak at Second Reading. I was detained elsewhere, but I heard two or three of the speeches. I hope your Lordships can forgive me on that too.

I do not have a great deal of interest to declare in circuses. I do not think that I have visited one for a very long time. I used to go to Bertram Mills Circus in London when I was a small boy. I secretly admit—and I know that no one will let it be known outside this Room—that I always hoped that a lion would eat the lion tamer, but one never did, obviously, as it never happened. That is my only interest.

If this Bill is to become law, like all Bills it needs to be as clear and unambiguous as possible to ensure that those who will no longer be able to trade in England by virtue of it are under no illusion or misconception that they will not be prosecuted for continuing with their hitherto lawful livelihoods. This is despite the fact that no one has really explained why what is a perfectly lawful business today will suddenly become criminal following the passage of the Bill into law, apart from the rather dubious ethical argument, which the noble Lord, Lord Trees, who I do not think is in the Committee, told your Lordships at Second Reading,

“leads us on to very contentious ground”.—[Official Report, 19/6/19; col. 796.]

He was right. In my experience, when the Government rely on ethics as the basis for legislation, what they really mean is that they cannot come up with a sound reason that can withstand any close examination. That may be slightly cynical of me, but I think it is true.

As the Bill is specifically targeted at the business of a “travelling circus”, it therefore needs to be clear what is meant by that term. The idea that a common meaning is to be used for the term on the basis that to define what a travelling circus is in law risks the eventual Act reaching further than originally intended or allowing the travelling circuses to modify their businesses to avoid being caught under the law is, frankly, nonsense. It is an argument that my noble friend the Minister advanced at Second Reading. If it had a shred of truth to it, your Lordships would not devote the hours that we do to putting definitions of terms in practically every Bill that passes through this House. It just gives credence to those who might suggest that the Bill has been drafted with expediency, rather than thought.

The definition I seek to include in the Bill is taken from the current regulations. If it was good enough then, surely it is good enough for the Bill. It is a clear and precise definition and there is no evidence that it has not worked for the purposes of the regulations or that the two travelling circuses in England today have sought to remodel themselves in some way to avoid having to comply. It should be noted that the Wild Animals in Travelling Circuses (Scotland) Act 2018 contains a similar, if arguably broader, definition. This provides absolute clarity in life and in law as to what is meant by a “travelling circus”. I beg to move.

[Baroness Parminter (LD)]

My Lords, I heard what the noble Lord, Lord Mancroft, had to say about why this is a starred manuscript amendment, but given that it is exactly the same as the amendment that was tabled in the Commons by Philip Davies MP, I find it somewhat surprising. I stand here representing the Liberal Democrat Benches. My noble friend Lady Bakewell is undergoing an operation today, so I am afraid noble Lords will have to put up with me for a short while on Defra matters.

We support the reasons why the amendment was turned down in the Commons, where the Minister made it clear that there would be guidance on these matters. We support that guidance, which will allow courts the flexibility to determine these matters in a manner they see fit. On that basis, I wish not to support the amendment and I hope that we can get through these amendments as quickly as possible.

[The Earl of Caithness (Con)]

My Lords, I too apologise to the Committee for missing Second Reading, as I was abroad at the time. In that debate my noble friend Lord Gardiner said,

“I think that wild animals in circuses, whether they are trained well or not, are trained for our entertainment and amusement”.—[Official Report, 19/6/19; col. 806.]


When I looked at the Bill, I fully understood what he was driving at. But I am concerned about the unintended consequences of this, as the noble Lord, Lord Trees, was when he mentioned them at Second Reading, so I decided that I would look up what “circus” meant. My vision of a circus is not necessarily what the definition of it is. A circus is defined as,

“a travelling company of entertainers such as acrobats, clowns, trapeze artistes, and trained animals”,

or,

“a public performance given by such a company”,

or,

“an oval or circular arena, usually tented and surrounded by tiers of seats, in which such a performance is held”.

Given the advice I have received, that definition covers showgrounds. A showground moves from place to place; it has tiers; it is an oval; and wild animals are in it. When my noble friend the Minister deals with his guidance, can he make it clear that falconry, county shows and such things are excluded from this provision? I hope he will be able to confirm this now because I think it was queried at Second Reading, but he never gave the answer. For me, it is a question of the definition. I had not seen it, other than in the advice I was given, but it seems that this point needs to be clarified so that we do not stray into territory that I know my noble friend does not want to get into.

--- Later in debate ---

[Lord Mancroft]

My Lords, in moving Amendment 2 I will speak to Amendment 3, if it is convenient for the Committee.

The current definition of “wild animal” is unnecessary and unclear. The Bill seeks to replace a licensing regime that affords safeguards for and the protection of animals in travelling circuses with an outright ban on the use of certain species. This is not a proportionate response to interfering with a business’s right to trade.

The current definition fails to recognise that animals in travelling circuses cannot genuinely be considered “wild” on the basis of generations of captive breeding and close, intimate contact with humans. Some of these animals can be said to be no more wild than a captive-bred working dog, yet because the current definition stipulates that a wild animal is one not commonly domesticated in Britain, they are caught by it. That goes against current wildlife law, which makes it clear that as soon as an animal, however wild in reality, becomes captive in some way, it immediately benefits from the welfare provisions accorded to domestic animals, rather than those reserved for wild animals, which are very different. This confusion is clearly undesirable.

Indeed, it also fails to recognise the domestication of some animals in countries outside the UK, some of which are clearly utilised in other entertainment and educational industries. For example, camels are considered domesticated outside the UK and yet are still offered for camel rides, polo-playing, trekking and racing in the UK—and not by travelling circuses. Llamas and alpacas would be in a similar position.

A better definition to recognise these issues and enable legitimate businesses to continue to trade using their existing animal stock is to modify and include the definition in the Wildlife and Countryside Act 1981, which principally provides for offences concerning damage to wildlife. It is a tried and tested definition; I have advanced a modified version of it in the amendment. For clarification, the modification removes any reference to “dead” animals, making it concerned only with protecting live animals.

Turning to Amendment 3, given that some existing travelling circuses may and do display exotic bird species, some of which are non-native to the UK, there is a clear need to comply with existing legislation, both domestic and European, to ensure the protection of wild birds, which is not currently the case in this rather shoddily drafted little measure. The current definition of “animal” in the Bill refers back to the Animal Welfare Act 2006. However, given the need to make sure that a balance is struck between ensuring the protection of animals and allowing travelling circuses to continue trading, my amendment is aimed at ensuring that captive-bred birds are afforded the same protection as that given to them under the Wildlife and Countryside Act 1981—protection afforded to them while they are still in the egg. The aim of this is to ensure that any birds hatched from eggs taken from the wild are not exempted from the prohibition in the Bill. Travelling circuses will need to ensure that any birds they display, as with any other areas of the captive wild bird trade, are born and bred in captivity. I beg to move.

[Baroness Parminter]

My Lords, I am concerned that the amendments proposed by the noble Lord, Lord Mancroft, are dangerous and seek to drive a coach and horses—or a zebra and a transport box—through very welcome proposed legislation.

Both amendments would change the definition of “wild animals” from a list of species that are not domesticated to solely animals born in the wild. The current list is drawn from the Zoo Licensing Act, which has worked very well for the past 30 years. I would contend that that is the tried and tested legislation we should look to, not that proposed by the noble Lord.

So far as I know, none of the 19 remaining wild animals in circuses covered by this legislation were born in the wild but, of course, they are still wild as they are not domesticated. The zebra or the snake does not suddenly become a domesticated animal just because it was born in captivity. Again, this ploy is very similar to the one proposed by Philip Davies MP in the other place. I hope that the Committee will reject it again in the same manner.

[Baroness Anelay of St Johns]

My Lords, yet again, I find myself agreeing with the noble Baroness, Lady Tyler —a habit that I must try to break, but not just yet.

It is important that the Bill—it was not drafted shoddily, as my noble friend Lord Mancroft mischievously proposed—reflects previous discussions here and in another place to reconcile the definition of the animals to be covered with the fact that they are not domesticated. By any stretch of the imagination, being born to a wild animal that has been trained and tamed in a circus does not mean that an animal will be domesticated. It is something that happens genetically over not just generations but thousands of years. My noble friend’s sudden view that the Bill is poorly drafted neglects the fact that it has been on the books for a long time. My hair has changed colour during that period. I know that the Bill has benefited from contributions from around the House over a period of about 15 years, during not just this Administration or the coalition Government before but the Labour Government before that. As the noble Baroness, Lady Tyler, said, the definition is consistent with the Zoo Licensing Act 1981; I hope that the Minister can reconfirm that and give us further assurance.

Ash Dieback

Baroness Parminter Excerpts

Tuesday 25th June 2019 Lords Chamber

[Lord Framlingham (Con)]

My Lords—

[Baroness Parminter (LD)]

My Lords—

[Lord Taylor of Holbeach (Con)]

We will hear from the Lib Dems.

[Baroness Parminter]

I thank the Chief Whip. The Minister mentioned local authorities. What are the Government doing to support cash-strapped local authorities, which face huge bills for felling dangerous trees alongside roads and railways and in our towns and cities?

[Lord Gardiner of Kimble]

My Lords, that is precisely why we funded, and the Tree Council has published, a toolkit that helps local authorities to manage the effects of ash dieback; it contains guidance and case studies. I congratulate the authorities in Norfolk, Devon, Kent, Suffolk and Leicestershire, which are all working collaboratively. One of the key points is that, as part of the process, they are replanting, particularly in Devon. We are working closely with local authorities and other agencies.

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

Baroness Parminter Excerpts

Monday 13th May 2019 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I have just one question for my noble friend. In referring to the trade in animals and related products regulations, he mentioned that the tripartite agreement will cease, which is absolutely true. He also mentioned that this first statutory instrument will refer to the movement of horses between Northern Ireland and southern Ireland. That begs the question of the status of the tripartite agreement. Are we expecting a statutory instrument that will replace it as regards movement of racehorses and other horses between France, Britain and Ireland? This is obviously a matter of great concern among the racing community, and we now have the time to negotiate an agreement. What form will it take? Will it come before the House?

[Baroness Parminter (LD)]

My Lords, I thank the Minister for his introduction. As he said, we have discussed a number of these issues on previous SIs, looking at them in the context of our whole country, but there are obviously particular issues here given the land border between Northern Ireland and the Republic of Ireland. I thank the Northern Ireland civil servants for their assistance on this as I tried to grapple with some of the issues of operability, particularly the resource implications of some of these changes should we be in the unfortunate situation of either leaving the European Union or ending up with a no-deal exit.

First, can the Minister confirm my understanding that there will be a significant increase and strain on the number of inspectors that the Northern Irish team will need? I understand it will need more than double the number of horticultural inspectors, which is a significant number in terms of both cost and finding them in a short time. That gives an indication of the scale of the challenge that the Northern Ireland plant health team will have to face.

Furthermore, as the Minister rightly said, plants and plant products coming into Northern Ireland from non-EU countries will need to be checked at an authorised trade premise or designated point of entry. The most likely route for that would be arriving on a roll-on, roll-off at Dublin and then travelling overland to Northern Ireland, yet I understand that currently no businesses have registered as authorised trade premises, so the only designated point of entry for those checks would be Belfast port.

In an earlier debate on this SI, we had a fairly full and frank discussion on this, when the noble Baroness, Lady Young of Old Scone, who is not in her place, talked about our fear of “trailing pestilence” across our country. There is an issue for those of us who worry about transporting unchecked consignments to designated premises outside individual ports for checking. Having said that, at the moment there are no designated points of entry for checks in Northern Ireland other than Belfast port. Are the Government seeking to encourage stakeholders to become authorised trade premises to relieve the burden on Belfast port, and if no business premises are approved, is the Minister confident that Belfast port can deal with all the checks likely to be needed?

I have concerns, too, for Northern Ireland farmers in the event of no deal. It is clear from discussions on the SI on trade in animals and related products that if we leave without a deal, farmers will be obliged to have any livestock they are sending to the EU enter via an EU border inspection post. If the Government fail to reach an agreement with the EU, we could see Northern Ireland farmers and their livestock having to be transported greater distances, with all the risks to their welfare that that entails, because they have to go first to an EU border inspection post before onward transportation. What indications has the Minister had from the EU of where those EU border inspection posts might be in the event of no deal?

As the Minister rightly said, an issue of social concern in Northern Ireland is the movement of pet animals because of its land border with the EU member state of the Republic. I will not repeat our exploration in previous SI debates of the additional costs, delays and administrative burdens for owners wishing to take their pets into the EU should the Government fail to secure listed status in the event of no deal, but clearly this will be a big concern for Northern Ireland given its land border. Can the Minister give any update on discussions with the EU on this issue which might mitigate the considerable extra burdens that Northern Ireland pet owners would face in the event of no deal?

[Lord Browne of Belmont (DUP)]

My Lords, I thank the Minister for all the additional work he has had to undertake with regard to Northern Ireland. Unfortunately, this has come about because, as we know, there is no Northern Ireland Assembly or Executive to discuss and pass these Motions. However, I think all of us here hope that the ongoing talks taking place in Stormont will prove successful, and that might relieve the Minister. It is vital, however, that these Motions are agreed to protect animals and plants in Northern Ireland from disease, which can be imported from other countries, so I very much welcome the regulations. Northern Ireland has some of the best policies that defend animals and plants from imported disease. When the European Union certificate is replaced by the phytosanitary certificate, it will obviously involve additional administration. Can the Minister say who will bear the additional cost: the importer or the exporter, or will it be passed on to the public? Once again, I thank the Minister for all his work and for keeping the Northern Ireland Peers so well informed about these matters.

Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019

Baroness Parminter Excerpts

Wednesday 8th May 2019 Lords Chamber

[Baroness Parminter (LD)]

My Lords, we on these Benches support the comments of the noble Baroness, Lady McIntosh of Pickering, who has reflected on the errors to the three statutory instruments on CAP which have already come. It would be churlish to make more political capital out of that, given the huge number of statutory instruments that the department has had to deal with. As she rightly says, there has been a huge human cost, so we do not wish to make any political capital out of those drafting errors.

Equally, the Minister in his opening remarks reflected on the need for this statutory instrument to ensure that the discretion remains to enable flexibility between Pillar 1 and Pillar 2. Again, we support the discretion to move money from Pillar 1 to Pillar 2 to encourage further expansion of rural development schemes.

Plant Health (Amendment) (England) (EU Exit) Regulations 2019

Baroness Parminter Excerpts

Monday 25th March 2019 Grand Committee

[Baroness Byford (Con)]

My Lords, I thank my noble friend for taking these two statutory instruments together. Although they are huge, they are complementary. I am also grateful to him for his explanation. As he said, it is a matter of making sure that we have an operable legal framework when we leave the EU. I have one or two questions.

I am grateful for the detailed Explanatory Memorandum on the first instrument. Paragraph 2.5 talks about “existing fees”. Will we continue with those fees until at some future time they might be changed if that needs to be done? At the moment it just states that the existing fees will continue.

Paragraph 2.7 talks about the new certificates,

“issued in the country of export in accordance with International Plant Protection Convention obligations”.

I was delighted to see that any imports will not be stopped at the border but will be examined and looked at in great detail at the centres to which they eventually go. I understand that physical checks will not be carried out on anything that has come through existing EU member states, and that that will continue into the future—I hope I am correct and that we get clarification on that—but anything coming in from a third country that does not come through the EU will be dealt with in a totally different way. It is hugely important that we control anything coming into this country. We have seen with great sadness ash and oak trees being lost through infections and diseases. These are really important steps we are taking. Are the premises that will need to be authorised by Defra to provide those inspection facilities all over the UK or based around the London area? It is not clear where they will be based.

We have a new offence in relation to non-compliance with import requirements in this statutory instrument; I welcome the opportunity for us to prosecute serious cases. Do the Government anticipate that there might be set fees for anything coming in that fails to live up to the expected standards, or will they come later?

I turn now to the statutory instrument itself. On page 23, Article 22A(3) states:

“The conditions are that—(a) the packaging in which the relevant material is transported and any vehicle which is used to transport the material is free from soil and plant debris and any relevant tree pest”.


I do not know how one can fully guarantee that, even if the material is wrapped and fully secure, there will not be some leakage or mishap during transition. Has thought been given to that? Then on page 29, in Part D of Schedule 13A, paragraph 11(a)(vii)(cc) refers to,

“controls for the disposal of waste, soil and water, as appropriate”.

The two do not seem to sit terribly well together. Why is there different wording in different areas? It may be that I have missed something, but I am not quite clear and I would be grateful for clarification.

Basically I very much welcome these regulations, because—like other noble Lords who will take part in this debate—I have for many years been very conscious of the risks we run. The more plants and shrubs we import, the greater the risk to our native species. Also, the climate is warming here, and therefore we may well, as we are seeing, be able to grow more vines and things, but as we import additional shrubs and other habitats into this country, the risk is even greater than before. It is just a matter of trying to make sure that the system we are establishing here is strong enough and has enough powers. Hence my questions on the way fees will be dealt with and on what regulations there will be about the charges when people do not live up to the standards we are setting in these instruments. They are hugely important. I would not normally speak at such great length, but I am very aware that while we cannot control certain things, such as wind-borne diseases, we certainly can control physical things coming into our country. I want to make sure we have taken enough precautions in these two statutory instruments.

[Baroness Parminter (LD)]

My Lords, I thank the Minister for so clearly outlining the changes. If we enter a no-deal Brexit scenario, we will lose a fully-functioning system that regulates the very important trade in fruit, vegetables, freshly-cut flowers and timber that, as the noble Baroness, Lady Byford, said, is critical to ensuring our continuing biosecurity.

I have three points. First, I struggled to get a sense from the Explanatory Memorandum of what increase in the inspection rates will be necessary as a result of this new scenario in the event of no deal. As the Minister rightly said at the beginning, the majority of plants and fresh fruit will not have any more inspection, but all the plants and produce coming in by virtue of the EU plant passport regime, which are not subject to inspection now, will be subject to inspection in future. I was grateful for the responses that I had from the staff when I asked them that question: they made it clear that we are looking at a 30% increase in the number of inspections necessary in plants, fruit and cut flowers, and a 50% increase in timber. We are not talking about small numbers here. The figures that they gave me are that at the moment we have about 100,000 consignments per year of regulated goods, so a 30% increase on those figures is not going to be small. There will therefore be considerable on-costs to the public purse as the Animal and Plant Health Agency and the Forestry Commission will have to undertake those inspections.

The staff helpfully made it clear that at the moment the Forestry Commission has 10 inspectors who undertake inspections but, if we have to go forward with this SI because of a no-deal Brexit, it will have to have increase its inspectors by 50%, which means another five. In real terms that does not sound like a very large number, but it is still of 50% more inspectors, not in the London area, as the noble Baroness, Lady Byford, rightly highlighted, but geographically spread out, so it will not just be a question of staff costs; it will mean resources to get them out and about in the country. There will be significant on-costs to the public purse as a result of the necessary increase in inspections if we leave the EU.

Secondly, I would like to tease out a bit more on the inspections that are going to take place at authorised premises in order to ensure that there are no backlogs at the RORO points. The Explanatory Memorandum is quite clear that the Government want to avoid that, and I think we all wish that. The Minister just said, if I heard him correctly, that 35 businesses have applied to have authorised premises so that these inspections can take place at their facilities around the country. My understanding from the Explanatory Memorandum is that 900 businesses that are presently engaged in this arena. So 35 business have have applied to have their premises authorised and there are potentially 900 businesses that are already within this arena. Again, I am grateful to the staff because when I asked them how many of those 900 businesses had premises that they thought would be suitable—not everyone is going to have premises that are—they very kindly indicated that they thought between 75 to 100 businesses would have suitable premises. So up to 100 of those 900 businesses are potentially able to get their premises licensed, and only 35, so far, have done so. Will the Minister say a bit more about exactly how we will ensure that we do not get delays at the ports? I applaud the desire to have no backlog at the ports but, at the moment, the figures do not quite seem to stack up.

Insect Population

Baroness Parminter Excerpts

Tuesday 19th March 2019 Lords Chamber

[Lord Gardiner of Kimble]

Yes. One of the extremely important things in the agri-environmental packages is to make it easier for farmers to provide flowers on fields to support wild pollinating insects. Of course, in improving things for wild pollinating insects, we are also improving things for insects that may not be pollinating. It is important that we get this diversity, because that is the way our ecosystem survives.

[Baroness Parminter (LD)]

My Lords, the overuse of pesticides is a major contributor to the serious decline in our bees. Therefore, why are the Government not supporting pre-approval tests for bee safety in the pesticide approval process, unlike France and Germany?

[Lord Gardiner of Kimble]

My Lords, as I have said, we will always support the advice of our experts. That is why we have the Health and Safety Executive and the UK Expert Committee on Pesticides. We act on their advice.

Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019

Baroness Parminter Excerpts

Wednesday 6th March 2019 Grand Committee

[Baroness Parminter (LD)]

My Lords, I thank the Minister for his introduction. This statutory instrument brings over legislation from the nature directives, which have been the bedrock of nature protection in Europe and the UK for many years. We know that species resident on sites protected by the habitats directive are recovering more strongly than species on sites that are not covered by it. The nature directives are the bedrock of protection and are important for species such as the bittern, which has recovered far more strongly by virtue of the habitats directive.

I shall give credit where credit is due. As the Minister rightly said, this statutory instrument was removed and relaid after concerns were raised by the RSPB and other environmental stakeholders. That is a model of how such matters should be treated. I commend the department on that, and I will not be opposing this statutory instrument.

I shall touch on a particular issue the Minister raised. He did not quite address it to my satisfaction, so I shall press him a little further. It is about reporting under these regulations. The Explanatory Memorandum makes it clear that the reporting requirements will be carried across, and I pay tribute to the Secondary Legislation Scrutiny Committee which teased out a bit more from the department on that matter to make sure that there was greater clarity about the format of those reports. The formats for reporting are very clear under the directives, but they are not clear in the statutory instrument or the Explanatory Memorandum. The Secondary Legislation Scrutiny Committee got the department to put on record that the formats for reporting will be agreed with statutory agencies and the devolved Administrations. That is to be welcomed. However, there is no clarity on the provision for reviewing those reports and highlighting any failures for action. The Government say that they will meet their international obligations, which is welcome, but there is no guarantee that that reporting will be timely or at a pace that will allow failures to be rectified speedily. At the moment, the EU has the power to enforce action for failures. Is there any sufficient capacity to enforce, including by fines for breaches of the regulations?

When he sums up, will the Minister say a bit more about how the Government see these vital reporting requirements being reviewed and how we can be sure that transgressions against them are speedily rectified? I am sure the Minister will talk about the office for environmental protection, which we hope will be forthcoming in due course, but it will not be truly independent since the Government will appoint its board and will be responsible for its budget. Discussion so far suggests that there will be insufficient enforcement mechanisms. For example, there is no power to call the Government to hearings or, as a last resort, to levy fines. We do not have the office for environmental protection yet, so what will happen to reporting in the meantime? If the Minister could offer us some reassurances on how reporting will be reviewed and how we will rectify any failures, I would appreciate it.

[Lord Krebs (CB)]

I welcome and appreciate the Minister’s introduction. Overall, what he said is reassuring. In addition to the point that has already been made, I want to pick up on scientific input, which was mentioned in the Minister’s introduction. Will he clarify in a little more detail the point that changes will be allowed only due to “technical and scientific progress”? The statutory instrument does not specify where the expert input will come from and whether it will involve the statutory nature conservation advisers. Will the Minister elaborate a little on the nature of the scientific input, how it will be taken into account, the degree of transparency in the publication of any scientific advice and how it will work across the four nations of the United Kingdom?

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

Baroness Parminter Excerpts

Wednesday 27th February 2019 Grand Committee

[Lord Trees (CB)]

As the Minister said, this is a very large instrument, and, as the noble Lord, Lord Rooker, said, particularly complex and pretty hard reading. I am grateful to the noble Lord for his explanation. I did not have that briefing. The matter is quite significant and I hope it might be addressed.

I will say a few words about the pet travel scheme and one or two other things. I understand that additional rabies controls will be required for the movement of domestic pets, particularly dogs. There will not only be vaccination but post-vaccination blood testing for dogs leaving this country to confirm satisfactory antibody responses. Can the Minister confirm that this will apply to all imported dogs coming to Britain, including those originating in the EU 27 and coming to the UK for the first time, as well as travelling dogs leaving here and going to continental Europe for short periods? In other words, is there reciprocity in that respect?

Also, can the Minister confirm that travelling dogs will require a veterinary health check and an export health certificate before travel? That would impose cost burdens on the owners and substantial workforce burdens. If travelling dogs require export health certificates, are Her Majesty’s Government satisfied that there are sufficient designated official veterinarians based in small animal practices to carry this out with hundreds of thousands of dogs potentially moving out of and back to Britain? There are currently a number of countries outwith the EU included in the pet travel scheme. What rabies measures will we require from those countries post-Brexit? Will dogs imported to the UK from those countries require vaccination and testing as required for movement between the UK and continental Europe?

There is one matter not included here—it is not fair to include it—but there are concerns about the importation of ticks and tick-borne disease. I urge that we take every opportunity to impose controls to minimise the risk of ticks being imported when dogs come back to Britain. I hope that Defra will consider and legislate for this at some stage in the future.

This SI refers to the non-commercial movement of dogs. What plans are there, if any, to transfer the regulations on commercial movement of dogs covered by the Balai directive? Will that be dealt with in a different SI?

I have a couple of small final points. Commission Decision 2001/812/EC refers to the expertise of personnel required at border inspection ports. Can the Minister assure us that there will be no change at all in the level of expertise—the numbers as well as the quality—of personnel required at border inspection posts?

Lastly, there are several references in the SI to the “EU Exit Day 1” project, which will affect movements of dogs, which is being worked on by Defra. Can the Minister outline what that project will address?

[Baroness Parminter (LD)]

My Lords, given the plethora of issues raised by colleagues around the Committee, I am just going to focus on one additional matter that has not been raised either here or in the Commons. It relates to the welcome introduction from the Minister, who made it clear that this is a technical statutory instrument; my disappointment is that it is not more substantial. My question, which I will expand on a bit, is: if the Government are really serious about banning circuses with wild animals, why did they not take the opportunity in this statutory instrument to ban the importation of circuses that do just that?

The Minister made it clear—and the EM made it absolutely clear—that we are not under any legal obligation to adhere to the EU rules for trade following exit. This is a unilateral decision. The Secondary Legislation Scrutiny Committee also made it clear that it hoped that this Committee would scrutinise the department’s choice of unilateral recognition of current import arrangements. As other Members have made clear, our own animals may not be able to be exported if we are not accepted as a third country, and even if we are accepted as a third country, it may take some time. The noble Baroness, Lady McIntosh of Pickering, has heard six months; newspapers at the weekend suggested nine months. There could be a considerable time lag and administrative burden on pet owners and commercial exporters of equines and dogs, and yet we are unilaterally saying that anybody who has a circus with wild animals can happily bring them in.

The Minister made clear in his opening remarks that this is all about making it easy for business to trade with the UK post Brexit. However, we know that circuses with wild animals are cruel. The majority of the population oppose them; in Defra’s own recent consultation on the matter, 95% of the consultees said they wanted them banned; and Scotland and Wales have banned such circuses. I appreciate that this statutory instrument is only about circuses with wild animals coming into the country, and to be fair, none has done so in the past few years. However, acts and trainers may move around, and resident UK circuses can bring them in. The somewhat inappropriately named Great British Circus brought in some elephants just a few years back. That is elephants, lions, tigers and bears cooped up in small mobile cages, travelling around Europe, coming with the consent of this SI to the UK.

The Secretary of State, Michael Gove, has said that he will ban circuses with wild animals:

“as soon as parliamentary time allows”.

My question, therefore, is: why was this SI not looked at as a possible vehicle? On page 19, Regulation 18 sets out quite clearly the conditions that have to be met by circuses bringing animals into the United Kingdom. Paragraph 3(b), which Regulation 18 inserts into Article 4 of the EU regulation, requires:

“a register of animals in the circus in accordance with the model laid down in Annex I”.

I have looked at Annex I, which is a one-page document, and in box 2.4 you have to identify the “Species” that you are bringing in. I am no lawyer, but a little asterisk about not allowing wild animals might have been something that the Government could at least have thought about.

The Minister will say, I suspect, that any such amendment goes beyond what is required to maintain the operation of the law after EU exit. However, the Government have made changes in other statutory instruments. The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 proposed removing,

“unnecessary legal burdens on industry”.

So, we can take out burdens on industry but we cannot protect animal welfare. Will the Minister tell us whether Defra discussed the potential for using this statutory instrument to halt the importation of circuses with wild animals? Specifically, did it take any legal advice before it laid the instrument to achieve just that?

Unless there are overwhelming legal reasons why this has not happened, we will be forced to believe that, when the Government have to choose between supporting trade and supporting animal welfare, we know where they will go. It gives us little confidence that, in future deals, animal welfare, which we all hold so dear, will be upheld.

[Lord Knight of Weymouth (Lab)]

My Lords, in harmony with our commitment on the Labour Front Bench to recycling, I am speaking for my party in a guest slot. These regulations are complex and somewhat impenetrable—I think I drew the short straw—so I am afraid they raise many questions, some of which may be related to, but not directly affected by, these regulations. I hope the Minister will forgive me for that. Personally, I very much support the points just made by the noble Baroness, Lady Parminter, on circus animals.

According to figures that I have seen, products of animal origin and live animals imported to the UK are valued at over £19.3 billion each year. Of this, 80%—about £15 billion, which is twice the amount suggested by the noble Baroness, Lady McIntosh—comes from trade with the EU. This covers an area of huge significance to our agricultural economy and the economy as a whole; given its effects, it also risks a further nudge for the nation in the direction of veganism should the trade be too much disrupted.

As we have heard, the UK will be treated by the EU as a third country if we leave without a deal. The SLSC recommended that the SIs be subject to the affirmative procedure, and I welcome the Government’s decision to accept this recommendation.

Without listed status, no exports to the EU can take place. Defra’s no-deal technical notice confirmed that,

“The EU would require the UK to be a listed third country”,


and it could not,

“be certain of the EU response or its timing”,

for an application. Without this,

“no exports … could take place”.

Can the Minister tell us what the usual timeframes are for dealing with third country applications? As we have heard, there are concerns that this could take up to nine months.

In order to be prepared for all possible outcomes, we understand that the UK submitted its application for listing as a third country in November. Can the Minister assure the Committee that the UK’s application will be granted? Have the Government formally requested that the UK’s application be expedited? Is the Minister 100% confident that, in the event that we leave the EU on 29 March with no deal, the approval for the export of live animals and animal products will have been granted in time for day one? If not 100% confident, what level of confidence does he have, and how will that change if there is a delay—to, say, June—for a no-deal exit?

The NFU says it has been told informally that, although Britain is in complete regulatory alignment with the EU, if there is no deal the same health checks that countries such as China and the US undergo will apply to UK suppliers. This would mean that 6,000 meat processing plants that export to the EU would have to undergo individual audits by British authorities. These would be checked by EU officials and then put to a standing veterinary committee for approval, a process that the NFU has calculated will take six months, “at a conservative reading”. These checks will also be conducted on any other companies supplying food and drink to the EU, including those exporting bottled water, honey, jam, dairy and other fresh foods. Does the Minister agree with this projection by the National Farmers’ Union? What is his assessment of the impact on the viability of food and drink businesses in the UK in the short and long term if that is the case?

I turn now to model certificates. Paragraph 7.2 of the Explanatory Memorandum states that the instrument,

“has provision to allow existing forms of model certificates to continue to be used for transitional purposes for such period as is published by the appropriate authority”.

I would love it if the Minister could expand a little on this. Is it dependent on the transition period following a deal, or can this also apply in the event of no deal? The use of the word “transitional” is quite confusing in that respect.

Then there are border checks. Under EU law, all animal and agri-food, including animal feed and plant produce, has to go through health checks. However, the necessary border inspection posts do not exist at, for example, Calais. This is because those checks have not been needed for anyone trading within the single market. The nearest border inspection posts are in Zeebrugge and Rotterdam, which have historically acted as the gateway for non-EU traffic, or Liverpool on the route to Ireland. Does the Minister envisage placing UK officers in Rotterdam, or will we reply on post-import checks within the UK?

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords—[Interruption.] Do I need to look at that? This is very novel for me. The Government continue to negotiate full access to the rapid alert system as it will be mutually beneficial for the EU and the UK. I am rather looking forward to an Oral Question from the noble Baroness, Lady McIntosh, on the matter too so noble Lords will get all the bites of the cherry.

The noble Lord, Lord Knight, referred to Northern Ireland. Although it is desirable for the four nations of the UK to co-operate in respect in powers returning from the EU, the SIs do not extend across the entire UK. The UK Government will co-operate with the devolved Administrations so that, for example, powers can be exercised concurrently and collaboratively where appropriate. Continuing close co-operation between the UK Government and the devolved Administrations remains essential to ensuring that an exit works for all parts of the kingdom. These instruments involve joint decision making. We are working with other administrations to agree the detail of the process for delivering joint decision making, as set out in the SI.

I will come back quickly to the tripartite agreement but I have not finished with all the questions asked by the noble Lord, Lord Knight. There is no current intention to increase fees for import checks. I can assure your Lordships that the normal consultation procedures with affected sectors would apply if they were to be increased.

[Baroness Parminter]

We still have not got an answer about Northern Ireland. It is a really specific question. The Minister’s point about co-operation with devolved Administrations is fine, but my understanding is that things are not going that well over there at the moment. What is the position with regard to animals? Are they having to go to an airport and back again? Can we have some clarity on that point?

[Lord Gardiner of Kimble]

That is an interesting Box note. I think the most important thing is to say that I will write to your Lordships in respect of all those matters. As I have said, this particular SI is absolutely not about exports, but I have ended up answering a lot of questions about them. If I was going to start to get tetchy, I would say, “This instrument is about imports, my Lords”. If one wants to spend five hours talking about the whole architecture, we will lose the thread of having proper briefings and discussions on matters so that I can give your Lordships proper answers. I am not a magician. I do not know all the answers about exports at this stage. Noble Lords will get them when I am in that position, and I will write to them on those matters.

Regarding the tripartite agreement, all these matters are for negotiation. We understand fully that this has worked very well for the UK, Ireland and France, and have issued technical notices on equine movements. It is clear that the UK would no longer have access to the tripartite agreement if we were to leave with no deal. The equine sector, with which we have worked extremely strongly, understands the position. Technical notices have been circulated and are widely put across in the equine sector. I will ensure that that element of the points is put in the note that I will send—as I said, it will include exports, although those are way out of scope with the technical instrument about operability on imports before your Lordships this afternoon.

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

Baroness Parminter Excerpts

Wednesday 20th February 2019 Grand Committee

[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.

[Lord Grantchester (Lab)]

I add my name to other noble Lords who have spoken today and thank the Minister for his explanation of the regulations. I declare my interests as set out in the register, but hasten to add that I have no connections with anything to do with horses. The Minister is correct to make clear that these regulations are being made in the event of a no deal outcome to the UK leaving the EU and it would be redundant should the UK leave with a deal. I thank the Minister once again for facilitating discussions earlier in the week on the SI.

While EU law is supported by UK domestic enforcement legislation after exit day with a deal, as EU legislation will then be retained under the withdrawal Act, the UK must still have an effective, operable statute book should the UK leave the EU without an agreement, as the Minister has explained. Labour recognises that the regulations largely make no changes to the current policy or enforcement, although there are one or two points I shall come to, and therefore does not oppose them. That is not to say that there are no significant concerns about the considerable impact that a no deal outcome will have on the equine industry as well as nearly every other industry. For this reason, the sifting committee of your Lordships’ House has recommended that the regulations be made under the affirmative procedure.

EU law requires equines to be identified by way of a passport. In most cases, equines born after 2009 must also be uniquely identifiable with a microchip. It is recognised and emphasised that this passport will contain important identity information and pertinent details of veterinary medicines administered to the animal and will define the animal’s current food chain status eligibility. The identification regulations have also been recently updated. The UK’s database was launched on 8 March 2018 and contains data about virtually every equine in the UK except those registered and listed as belonging to semi-wild and wild populations. It is to these populations that my attention has been drawn by World Horse Welfare and I thank that organisation for raising these issues. In his opening remarks, the Minister explained that the technicalities under the legislation withdrawing the UK from the EU might explain some of the anomalies the charity has raised. I thank him for that and I also thank the noble Baroness, Lady Parminter, who underlined this point. Some of the points that I am about to raise might be redundant, although, as World Horse Welfare has specifically asked these questions and I have given the Minister notice of them, perhaps I may outline them so that he can deal with them appropriately.

Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019

Baroness Parminter Excerpts

Tuesday 12th February 2019 Lords Chamber

The amendments in these regulations ensure that UK law will continue to operate smoothly. They are the minimum required to achieve their objective and make no changes in substantive policy content. To the extent that they affect devolved matters, the devolved Administrations have given their consent to both the policy and wording of the regulations. I beg to move.

[Baroness Parminter (LD)]

My Lords, this SI introduces to us a number of important protections which we are presently receiving from the European Union. It is very encouraging that the Government are maintaining parliamentary scrutiny through the majority of SIs. However, I would like just to pick up on the issue of leghold traps.

Can the Minister be a bit clearer, and give a bit more detail, about why we will not be going down the route of parliamentary scrutiny on this issue, which is quite controversial? I appreciate that there may be administrative reasons, but if you look at all the pieces of legislation where it is being suggested that we will be maintaining parliamentary scrutiny, leghold traps are an issue that I think that the public would have a particular interest in. They may know very little about mercury or POPs, important though they are, but quite a few people have a view on leghold traps. They might want to know in a little more detail why they will not be getting the treatment of parliamentary scrutiny through secondary legislation.

The other point I wish to make on this SI, which seems entirely proportionate, is that it brings to the fore the issue of how we are going to align our policies with our partners in future. I particularly cite the issue of CITES—the Convention on International Trade in Endangered Species—where it is critical that we have an alignment of regulation, given the huge issue of wildlife crime, to which I know the Government have made some very welcome commitments. I am sure there is nothing in this SI in terms of changing the regulations about how the Government wish to manage that, but it affords me the opportunity to raise the issue of how the Government are going to maintain a very clear alignment with our colleagues in Europe on particularly important issues around wildlife crime.

[Baroness Young of Old Scone (Lab)]

My Lords, these regulations will allow UK authorities to exercise legislative functions in the UK after exit day in a range of areas, including, as has already been outlined, persistent organic pollutants, importation of timber products and derogations from certain CITES provisions.

The Explanatory Memorandum says that this statutory instrument does not make any substantive policy changes, but the UK public authorities exercising these newly transferred functions could immediately make changes that would have significant environmental impacts. So these regulations open up the way for significant policy changes. In view of the scale and importance of the powers being transferred to the appropriate public authority, can the Minister give assurances on the following concerns?

Will these powers remain with the Secretary of State and the equivalent in the devolved Administrations and not be delegated further? Bearing in mind the comments made during the debate on a previous SI, on the governance gap and the lack of an oversight and sanctioning body, how will these public authorities be held accountable? How will complaints against their operation of these new powers be handled?

The SI does not include mechanisms for enabling access to the necessary expert and technical advice. Do the appropriate public authorities have access to sufficient expert or technical input, and will that be sought and published on every change proposed? How do the Government intend to access the wealth of scientific and technical expertise and data available across the EU which might not be replicable within the UK? What access will the UK have, during the implementation period and after EU exit, to the EU’s systems for tracking and sharing relevant data?

Turning to the issue of consultation, what commitment will the Government make for consultation on the future exercise of these powers and proposals for changes by the appropriate public authority? The statutory instrument lays out, at Regulation 9(10), limited consultation arrangements in one specific area under the powers to make decisions on best available technique—BAT—but not on any other powers. Can the Minister assure the House that wide consultation will be the norm, with stakeholders, NGOs and the public?

I now turn to devolution. These amending regulations, as the Minister has explained, cover legislation in areas where all four nations are currently bound by the same EU requirements. The Minister very kindly at his briefing session assured us that the regulations have been discussed and agreed with the devolved Administrations, and the degree of devolution in transferring the powers to an appropriate public body has been designed on the basis of whether the matters are reserved matters. That was fine where the policy framework and the standards were EU-wide while implementation was devolved to the four nations. In the future, when policy and implementation are devolved to the nations, divergence in standards could happen quite quickly. This would have an impact on businesses operating across the four nations and on their ability to trade with our EU neighbours.

Let me give an example from Part 3 of the statutory instrument. BAT—best available technique—is one of the foundations of environmental regulation covering industrial emissions and is the basis of the regulation of things such as cement plants, steel works, power stations and chemical works that create emissions. If we have four different versions, potentially, of best available technique across the four nations, how would UK-wide regulated companies cope? How would they trade their technologies to our European neighbours, which might be regulating against a fifth version of best available technology? This cannot be sensible. That is only one example of how diverging standards across the four nations would not be good for British business and possibly not good for the environment as well.

I welcome the confirmation from the Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs on 28 January in the other place of the Government’s,

“intention to work towards a common framework for a number of different regulations”.—[Official Report, Commons, First Delegated Legislation Committee, 28/1/19; cols. 7-8.].

Can the Minister tell the House when this common framework will be published and when it will come into effect? What regulations will it cover?