Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019
Debate between Baroness Walmsley and Baroness Manzoor
Baroness Manzoor (Con)
My Lords, I will speak to all four Motions in my name. Consumers in the UK benefit from a high standard of food and feed safety and quality. The Government are committed to ensuring that that high standard is maintained when the UK leaves the European Union. These instruments are crucial to meeting our objective to continue to protect public health from risks that may arise in connection with the consumption of food.
These instruments, which all concern food and feed safety, relate to those substances collectively known as regulated products as well as to animal feed hygiene and marketing and are made under the powers in the European Union (Withdrawal) Act 2018 to make necessary amendments to UK regulations. The Government’s priority is to ensure that the high standard of food and feed safety and consumer protection we enjoy in this country is maintained when the UK leaves the European Union. These instruments will correct deficiencies in those regulations to ensure that the UK is prepared in the event that the UK leaves the EU without a deal on exit day. They are limited to necessary technical amendments to ensure that the legislation is operative on exit day. No policy changes are made through these instruments, and we do not intend to make any at this point.
The primary purpose of these instruments on regulated products used in food and animal feed is to ensure that UK domestic legislation that implements directly applicable EU regulations continues to function effectively after exit day. The proposed amendments are critical to ensure that there is minimal disruption to novel foods, feed additives and other regulated products collectively if we do not reach a deal with the EU. These instruments, which lay down fundamental principles underpinning the law on regulated products and basic food business requirements as well as describing certain functions carried out by EU institutions, will function effectively at exit day.
The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019 include all items intended to come into contact with food, directly and indirectly. Also known as food contact materials, they include processing line machinery, transport containers, kitchen equipment, packaging, containers, cutlery, dishes and utensils and can be made from a variety of materials including metal, paper, plastic, wood, ceramics and rubber. Any material that comes into contact with food must be safe and fit for purpose. The regulations lay down that materials and articles intended to come into contact with food should be manufactured in line with good manufacturing practice, so that under normal and foreseeable conditions of use they do not transfer their constituents to food in quantities that could endanger human health, bring about an unacceptable change or have an adverse impact on the composition, taste or texture of the food.
The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 lay down that all GM food and feed must undergo pre-market authorisation before being placed on the market. I emphasise that this instrument is not about changing any policy on GM foods, allowing more or less on the market; it is simply about transferring the functions and powers currently held by European bodies back to the UK. GM protein feed is essential for our livestock industry and there are no viable alternatives at present. We will continue to take a robust approach to assessing GM products and only those that we deem safe will be made available for those who wish to use them.
The Novel Food (Amendment) (EU Exit) Regulations 2019 require that novel foods must be assessed for safety before they are introduced into the market to ensure that they do not present a risk to public health. This includes foods that are relatively new or those that do not have a significant history of consumption in the EU and are referred to as novel foods.
The Animal Feed (Amendment) (EU Exit) Regulations 2019 will ensure that the retained EU legislation relating to feed additives, feed hygiene, sampling and marketing is operable after exit day. The retained EU law will be the legislative cornerstone for feed safety in the UK after EU exit and will underpin all other feed safety legislation in the UK. What farmers feed their livestock will vary for a variety of reasons but, whether it is grass, cereals, compound feedstuffs or by-products from the brewing industries, ensuring that the feed we provide to our animals is wholesome and safe is a pre-requisite to food safety.
As I have said, there are no changes to policy in these instruments beyond making the minimal changes necessary to rectify deficiencies in the retained EU legislation. For food and feed businesses, there will be no change in how they are regulated or in how they are run. All existing regulated products permitted for use within the UK prior to exit day will continue to be permitted immediately after exit and all conditions and requirements attached to their use will be preserved. This will ensure continuity and clarity for UK food and feed businesses and those exporting their food and feed products to the UK. Thus, consumers in the UK will benefit from high standards of food and feed safety and quality. The Government are committed to ensuring that these standards are maintained.
These instruments introduce a proposed transfer of powers to UK entities to support a UK-centric regulatory regime for regulated products. Currently, the European Commission holds a range of powers and functions under EU law which enables new products to be placed on to the market, amends conditions of use and purity criteria and removes products from the permitted lists when required. These instruments transfer these powers from the Commission to Ministers in England, Scotland and Wales and to the devolved authority in Northern Ireland. They also transfer responsibility for risk assessment from the European Food Safety Authority to the food safety authorities FSA and FSS, which will continue to deliver independent, open, transparent, science and evidence-based advice.
The FSA has strengthened its capability and recruited 140 extra policy and science experts to support the risk assessment and risk management processes that apply to these products. I am saying this now because the noble Baroness, Lady Walmsley, asked me about this last week. The FSA has received an extra £14 million to deal with EU exit and a further £16 million will be provided this year. In turn, the FSA provided a grant fund of £2 million last year to local authorities to support food safety activity in relation to EU exit pressures and a further £2 million will be made available this year.
Let me be clear that these instruments will have no impact on the food industry and that there are no changes to the controls on the use of already authorised products. There are no changes to the technical data and studies that will need to be provided for new authorisation applications. We will continue to take a robust science-based approach to what we permit on to our market.
It is important to note that the devolved Administrations have provided consent for these instruments. Furthermore, we have engaged positively with the devolved Administrations throughout the development of the instrument, and this ongoing engagement has been welcomed.
These instruments constitute a necessary measure to ensure that our food legislation relating to novel foods, feed additives and other regulated products collectively continues to work effectively after exit day. With the assurances I have given, I hope noble Lords are able to support these important regulations. I beg to move.
Baroness Walmsley (LD)
My Lords, I thank the Minister for her introduction and assurances about resources for the FSA. I had not intended to ask her about that again, but I am grateful anyway. It is vital for the future health of our country to ensure that the correct legal infrastructure for food safety is in place if we exit the European Union. Therefore, it is important that these statutory instruments are passed. Yet it is also our duty to give these pieces of legislation adequate scrutiny to ensure that the high food standards and safety regulations our EU membership has provided for so many years are maintained.
On the matter of scrutiny, we depend on the views of those affected by this legislation—the people in the industry. However, the same consultation has been used for a number of these regulations, and I question whether it is allowing sufficient public consultation without confusing several issues in the same document. Does the Minister accept that using the same consultation for SIs with completely different purposes means that this legislation has not received adequate public scrutiny, and has restricted the capacity of experts to respond adequately?
There are also concerns, as with many other SIs, about the powers being transferred to Ministers. If we leave the EU with a deal, there will be a transition period during which our new relationship with the EU will be negotiated. However, during that time, the Government intend also to try to secure trade deals with other countries. I and many of the respondents are concerned that our high standards should not be used as a lever to achieve trade deals, resulting in lower standards for consumers. The Government have promised that this will not happen, but they also promised that we would leave on 29 March and it does not look as though we will. With the best will in the world, there will be pressure on Ministers to secure a trade deal they can brag about, and many are concerned that they will offer whatever comes to hand to achieve it. The trouble is that these SIs give them the power to do that. What reassurance can the Minister give that this will not happen?
We are being reminded that we will start out in line with EU regulations when we leave. That is true; however, these EU regulations are not static and will change over time. Can the Minister say what work is being done to prepare the UK to introduce speedily matching changes as they happen? If they do not do that, our exporting food producers will be in trouble. Also, how do the Government plan to communicate with those who work with animal feed or human food to ensure that they are kept up to date with future changes in the EU that we will also adopt in the UK, especially if we should diverge at some future date? Have the Government tested systems for taking on duties that were previously done by EU organisations, such applications for authorisation to put new animal feed additives on to the market?
Then there is the issue of risk. We hear that risk management functions will be split across the devolved Administrations, particularly between the FSA and the FSS. It is therefore possible that different approaches to risk management on food safety could be taken in, say, England and Scotland. This would be confusing enough at home, but could also undermine confidence in our food export market.
Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019
Debate between Baroness Walmsley and Baroness Manzoor
Baroness Manzoor (Con)
My Lords, I will speak also to the second Motion in my name. Consumers in the UK benefit from a high standard of food and feed safety and quality. The Government are committed to ensuring that this high standard is maintained when the UK leaves the European Union. The instruments are crucial to meeting our objective of continuing to protect public health from risks that may arise in connection with the consumption of food.
The instruments, which concern food and feed law, are made under the powers in the European Union (Withdrawal) Act 2018 to make necessary amendments to UK regulations. The Government’s priority is to ensure that the high standard of food and feed safety and consumer protection we enjoy in this country is maintained when the UK leaves the European Union. The instruments will correct deficiencies in regulations to ensure that the UK is prepared in the event that the UK leaves the EU without a deal. They are limited and technical amendments to ensure that the legislation is operative on EU exit day.
No policy changes are made through these instruments and we have no intention of making any at this point. Leaving the EU with a deal remains the Government’s top priority. That is what the public want, so we are working hard to get the reassurances that Parliament needs on the backstop. At the same time, as a responsible Government, we have been preparing for all possible scenarios, including the potential outcome of leaving the EU without a deal. We are committed to ensuring that our legislation and policies function effectively in the event of no deal, ensuring that public health continues to be protected. It is for this scenario that the instruments have been laid.
The primary purpose of the Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019 is to ensure that legislation covering the importation of food from areas affected by historic nuclear accidents, at Chernobyl in present-day Ukraine and Fukushima in Japan, is retained. This instrument makes alterations to the legislation governing imports of food affected by the Chernobyl nuclear accident in 1986. The Chernobyl accident resulted in widespread radioactive contamination that affected food production in many countries. Thirty-three years after the accident, levels have fallen. Now only certain products—such as wild game, wild mushrooms and berries such as blueberries and cranberries—show higher levels of contamination.
The instrument also makes alterations to similar legislation—Regulation 2016/6—that imposes special conditions on the importing of food from Japan from areas affected by the Fukushima nuclear accident in 2011. In this case, eight years after the accident, higher levels of radioactive contamination are limited to certain areas of Japan and include wild mushrooms and other wild vegetables. Wild game may also show higher levels of contamination, but these products are not eligible for import into the UK.
As these regulations relate to specific contamination incidents where radioactivity naturally decays, as well as natural and human activities that remove contamination from the environment, it is right that it is regularly reviewed to ensure that the controls are fit for purpose. Therefore, the legislation relating to the Chernobyl accident has an expiry date of 31 March 2020, while the legislation relating to the Fukushima nuclear accident must be reviewed before 30 June 2019. We will bring over these review dates into the UK legislation.
The Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019 will ensure that Council Regulation (Euratom) 2016/52, covering the application of maximum permitted levels of radioactivity in food and feed following a nuclear emergency, continues to function effectively after exit day.
The EU law established maximum permitted levels of radioactive contamination in food and feed, which would come into effect following a nuclear accident or any other case of radiological emergency. This regulation acts as a framework that can be enacted to promptly apply emergency levels of radioactive contamination in food and feed to protect consumers. If exceeded, these levels would have a detrimental effect on human health from the consumption of food that has been contaminated by radioactivity and would assist the response to a radiological incident.
Currently, the Commission holds a range of powers under European legislation which can enable it to respond in the event of a nuclear accident or other radiological emergency. These powers allow the Commission to put in place measures in the form of emergency implementing regulations that will apply the maximum permitted levels set out in Regulation 2016/52 and so prevent potentially contaminated food being placed on the market. Any measures put in place by this instrument must be as short as possible and in the first instance must not exceed three months. When preparing or reviewing these measures, Ministers must take into account the basic standards of radiological protection, including the justification and optimisation principles. There are no changes to policy in these instruments, beyond making the minimal changes necessary to rectify deficiencies in the retained EU legislation. For food businesses, there will be no changes in how they are regulated and how they are run. Consumers in the UK will benefit from a high standard of food and feed safety and quality. The Government are committed to ensuring that these standards are maintained.
The instruments will transfer responsibilities incumbent on the European Commission to Ministers in England, Wales, Scotland and the devolved authority in Northern Ireland. In addition, the instruments will change references to importing into the EU to references to importing into the United Kingdom. Let me be clear that these instruments do not introduce any changes for food businesses in how they are regulated and how they are run, and nor do they introduce extra burdens. They provide continuity for businesses and protection for consumers’ interests, and ensure that enforcement of the regulations can continue in the same way.
The changes will ensure a robust system of controls that will underpin the ability of UK businesses to trade both domestically and internationally. It should be noted, however, that these regulations apply only after a nuclear accident or other radiological emergency and are not intended for routine activities that are governed by other regimes such as the Ionising Radiation Regulations 2017 and the Environmental Permitting (England and Wales) Regulations 2016. It is also important to note that the devolved Administrations have given their consent to these instruments. Furthermore, we have engaged positively with them throughout their development. This ongoing engagement has been warmly welcomed.
To conclude, these instruments constitute necessary measures to ensure that our legislation relating to food and feed safety and radiological protection continues to work effectively after exit day. The amendments proposed in the instruments ensure the continuation of effective food and feed safety and public health controls. I beg to move.
Baroness Walmsley (LD)
My Lords, I thank the Minister for her introduction. Although these SIs are relatively non-contentious, I have some general and then some specific comments and questions. Of course, our main concern in all of this is the safety of consumers and of the food that we eat.
One of the enduring reservations in the responses to the consultation, especially by the National Farmers’ Union, was about the lack of clarity on the relationship that the Food Standards Agency and Food Standards Scotland will have with the European Food Safety Authority. A common approach is necessary to harmonise trade and maintain continuity, but the UK Government have given no convincing assurances yet as to how the EU and the UK will work together on this. The feasibility of a complementary EU-UK framework is doubtful, as third-country participation is possible only if the third country applies all EU-related legislation. It also relies on good will on both sides and, given how much we have messed the EU about recently, it could be forgiven for being somewhat less than co-operative.
Neither has the UK framework yet been set up for harmonisation across our devolved authorities—although I understand that the FSA and FSS are working on proposals. This is deeply unhelpful for business as exit day draws closer. Can the Minister say what arrangements are in place now? The NFU has also noted the impact on the FSA and FSS workforces, and, although the chair of the FSA reassured the EU Environment and Energy Committee about its readiness, the chair of the committee, my noble friend Lord Teverson, warned that,
“the UK Government has no idea whether we will have full access to EU risk assessments, or any access to their surveillance and information sharing mechanisms. This is deeply concerning”.
We rely heavily on and contribute heavily to the European Rapid Alert System for Food and Feed. It helps to save lives. The public portal allows consumers to look for warnings about allergens in imported foods that are not labelled as containing them on the packaging. Will we lose access to that portal when we leave and will we be immediately setting up our own—not some time during the implementation period but right away? This is a serious issue.
I have a few specific comments about the two SIs. On the first one about prohibiting food imports from areas affected by the Chernobyl and Fukushima nuclear accidents, currently there is a moratorium on imports. The Chernobyl restrictions are due to be reviewed in 2020 and the Fukushima restrictions in 2019. The SI will enshrine these dates in UK law and does not amend them. I accept that and we support these measures. However, once the UK is no longer a member of the EU or Euratom, the FSA, the FSS and local authorities will have the responsibility of checking that standards are being maintained. This is likely to lead to regulatory divergence. In addition, given how cash strapped local authorities are, how confident is the Minister that they will have enough trained staff to do this? Some local authorities no longer have a full-time food and feed officer.
On the SI that regulates the amount of radioactive contamination in food, we learn that when it is “scientifically justified”, the Government can amend the permitted levels of radioactive substances through statutory instruments, following an alert from the FSA about any nuclear incidents that may affect food. The Secretary of State then decides what steps to take. Why is this additional power for the Secretary of State necessary when the head of the FSA has said that those powers will be conferred on the FSA anyway at a later, unspecified date? But why not straightaway? Why do we have to give it to the Secretary of State?
Baroness Manzoor
My Lords, I thank both the noble Baroness, Lady Walmsley, and the noble Lord, Lord Dubs, for their support and constructive comments. I reiterate that these regulations make no changes to policy or to how food and businesses are regulated and run. That is really important. They are limited to the necessary technical amendments to ensure that regulatory controls for food and feed continue to function effectively after exit day if the UK leaves the EU without a deal and that public health is protected.
Both noble Lords asked a number of questions. The noble Baroness, Lady Walmsley, asked about the framework for working across the UK. I assure her that discussions are taking place now across the devolved landscape and there is a memorandum of understanding between the FSA and the FSS. She also asked about local authority resources. Local authorities and the trading standards officers and environmental health officers who work for them perform vital work to protect the health and well-being of consumers up and down the country. However, the day-to-day delivery of official controls by local authorities should remain unchanged as a result of this legislation passing. There will be no changes in responsibility for specific official controls or changes in delegation to or designation of the relevant authorities for the performance of these controls.
The noble Baroness, Lady Walmsley, also asked about loss of access to RASFF. This is very important. We want to work closely with RASFF. To mitigate the loss of full RASFF access, the FSA has strengthened its capability and capacity by building on proven mechanisms such as monitoring key data sources and a new strategic surveillance programme to enhance the capability and capacity to respond effectively to any food-borne contamination or outbreak incident that occurs in the UK.
The noble Baroness, Lady Walmsley, also asked if the FSA will be able to respond and detect effectively and very quickly. Once again, I assure her that should any food-borne contamination or outbreak incident occur in the UK, we will ensure that there is effective protection for UK consumers.
Baroness Walmsley
I was not referring just to things that happen in the UK. We need rapid information about things that happen in the European Union that can so easily come over here.
Baroness Manzoor
Of course, that does not change, even if we leave the EU. Even with the UK as a third country, if there is any contamination the EU has a responsibility to third countries. It is in law that it will report those incidences, so of course they will be reported accordingly to the UK.
The noble Baroness, Lady Walmsley, asked why we have to give powers to Ministers now. Effectively, Ministers are keeping the role of the FSA under review and may grant decision-making powers to it in future if Parliament agrees. That will come back in due course if it is the way forward.
The noble Lord, Lord Dubs, asked whether 60 minutes is long enough to go through various pieces of legislation. I assure the noble Lord that the law does not change. Business is already familiar with the issues.
The noble Lord, Lord Dubs, and the noble Baroness, Lady Walmsley, asked whether an impact assessment was carried out for this SI. The impact has been assessed according to government guidance. A full impact assessment has not been produced for these regulations, which the FSA has certified as being below the de minimis threshold of minus £5 million equivalent annual net direct cost to business. The regulations are designed only to fix the inoperability of retained EU law and to ensure the continued safety of food and feed after the UK leaves the EU.
The noble Lord also asked what the devolved authorities are doing to take the changes through their legislation. Again, to reassure him, these SIs fix retained EU law for the whole of the UK. The devolved authorities are making some changes to their legislation locally.
The noble Lord, Lord Dubs, also asked about the review in relation to Chernobyl and Fukushima. The Chernobyl regulations are being amended now. As he correctly said, they are due to expire on 31 March 2020. The regulations are being amended to ensure that we continue to apply the same food safety standards after the UK exits the EU. This will provide continuity to food businesses and members of the public. I assure him that the Government’s intention is to review these controls before 30 March. Ministers will make a decision on future controls based on the advice of the Food Standards Agency in England, Wales and Northern Ireland and of Food Standards Scotland in Scotland.
The European Commission started the review on the Fukushima accident in January 2019. It is due by 30 June. The UK, represented by the FSA, is already reviewing recent data and the current measures and will continue to engage with the Commission’s review until exit day. The FSA will assess future measures implemented by the EU and advise Ministers on appropriate controls for the UK. Any new SI will be made subject to the usual parliamentary scrutiny. Until then, the current instrument will continue to apply.
The noble Lord, Lord Dubs, asked whether all consultation responses been taken into account. They have, and they support the approach taken. I understand that the response to the consultation will be published shortly by the FSA. The noble Lord also asked when there might be deviation from maximum permitted levels. Any deviations will be based on scientific evidence. The FSA and FSS have built-in capacity to provide risk assessments and all advice from the FSA and the FSS will be made public.
These instruments will ensure that safety measures are in place, including maximum permitted levels of radioactive contamination in food and feed. A framework to apply emergency levels promptly following a nuclear accident will be in place to protect consumers. I hope I have said enough to reassure noble Lords.
Motion agreed.
Food and Feed Imports (Amendment) (EU Exit) Regulations 2019
Debate between Baroness Walmsley and Baroness Manzoor
Baroness Manzoor (Con)
My Lords, I shall speak to the two remaining Motions standing in my name on the Order Paper. The Government’s priority is to ensure that the high standard of food safety and consumer protection we enjoy in this country is maintained when the UK leaves the European Union. I shall first address the instrument regarding imports of food and feed of non-animal origin, where the Food Standards Agency has lead responsibility. Legislation covering imports of products of animal origin is being taken forward by Defra in a separate statutory instrument. The FSA and Defra have worked collaboratively on areas of shared interest.
The UK imports food and feed from across the world, not just from the EU. Although much of it poses little risk to health, food and feed of non-animal origin is subject to an increased level of control where it is deemed likely to constitute a serious risk to human or animal health or where there are known or emerging risks associated with it. This specified higher risk food and feed is subject to official controls at authorised entry points. These controls ensure that the food and feed is safe for consumption. The Government remain committed to ensuring that it remains so after we leave the European Union. The import controls currently in place will continue once the UK leaves the EU. They will remain unchanged until the Government decide, based on evidence and surveillance, that there has been a change in risk. The instrument will ensure that legislation relating to imports of food and feed products that is in place to control contaminants such as Salmonella, aflatoxins and pesticide residues continues to function effectively after the UK leaves the EU. It also ensures that there is minimum disruption at UK seaports and airports if we do not reach a deal with the EU.
Systems are in place to monitor food and feed imports arriving in the UK. The EU rapid alert system for food and feed, which we discussed when considering the earlier Motions and to which the UK is a major contributor, facilitates vital food safety data sharing. Continued access to the RASFF system is a key priority and the FSA continues to press for full access to this system in negotiations with the EU. To mitigate risks in this area, the FSA is building on proven mechanisms to enhance its capability and its capacity to respond effectively to any food-borne contamination incidents or outbreaks. This includes engaging with other international food authorities, including the International Network of Food Safety Authorities—INFOSAN—which is managed jointly by the Food and Agricultural Organization of the United Nations and the World Health Organization.
Ensuring the safety of imported food remains a priority for the Government. If the statutory instrument is approved, the controls currently in place will continue once the UK leaves the EU. These will remain unchanged until the Government, based on evidence and surveillance, decide that there has been a change in risk. I make it clear that no policy changes are made by this instrument beyond the minimal changes necessary to rectify deficiencies in the retained EU legislation.
Secondly, I shall address the instrument amending legislation on official controls. Official controls are performed by competent authorities such as the Food Standards Agency to verify the compliance of business with food and feed law. Legislation in this area sets out operational standards for the performance of official controls by competent authorities—for example, audit and training requirements.
The legislation addresses a broad variety of areas required to underpin our world-class system for consumer protection and biosecurity, ranging from import controls to the capacity of laboratories analysing food samples. This instrument will ensure that the competent authorities of the United Kingdom retain sufficient powers to act to counter emerging threats to public health, animal health or animal welfare. Both instruments propose a transfer of responsibilities to UK entities to support a UK-specific regulatory regime. Responsibilities incumbent on the European Commission are designated to Ministers in England, Wales, Scotland and the devolved authority in Northern Ireland. It is also important to note that the devolved Administrations have provided their consent for these instruments and have been involved throughout with their development. If the UK reaches a deal with the EU, Ministers will invite Parliament to revoke or amend these instruments to reflect that deal.
In conclusion, the instruments constitute necessary measures to ensure that the high standard of food and feed safety that we enjoy in this country is maintained after exit day. I hope that, with the reassurances I have given, noble Lords can support these regulations. I beg to move.
Baroness Walmsley (LD)
My Lords, I thank the Minister for her introduction. The general comments that I made about the first pair of SIs will apply to this second group, which concerns the relationship of the FSA and the FSS with the EFSA after Brexit. I agree with the noble Lord, Lord Dubs, on his point about the very short time that it is estimated businesses will require to familiarise themselves with and disseminate these regulations. I raised exactly the same point last week in the Moses Room on another group of SIs. I remain suspicious that this staggeringly small estimate was made to avoid the need for an impact assessment.
I accept the Minister’s statement that these SIs involve no policy change, but they alter who has the power to change them in the future and who will carry them out. For example, the food and feed imports regulations give quite a bit of power directly to the Secretary of State—in this case, Mr Gove, I think—amounting to the sort of power grab we have become used to in recent government proposals. Despite assurances from government that animal welfare and public health concerning food and feed controls will not be at the mercy of upcoming trade deals, it is possible to argue that the powers conferred on the Secretary of State could allow for that. Can the Minister assure us that this will not happen? If it does happen at a later stage, she should be assured that I will come back to haunt her.
If the EFSA and FSA/FSS do not align, regulatory divergence will create difficulties for our importers and exporters, but nothing has yet been clarified. We might start with aligned regulations but the Government have always claimed that leaving the EU will allow us to be free as air to improve our regulations in the future. However, does the Minister accept that, if we do so, we will no longer be aligned, and that could cause problems for our food exporters, who may already be being hit by increased tariffs, and limit what importers can bring in? I would be very interested in her comments on that.
I turn to the second SI—the official controls for feed, food and animal health and welfare regulations—which refers to the movement of animals and goods between countries in the single market and to what can enter the market. Again, I accept that this package of regulations does not amend general hygiene laws; it just amends the methods used to verify compliance with them. However, in that respect, is the Minister confident that we have enough staff in the right places to verify compliance, and how will it be done if the Irish border remains open, as we all hope it will?
Baroness Manzoor
My Lords, I start by thanking both noble Lords for their valuable contributions and saying clearly that the Government have no intention of lowering food standards in the UK, irrespective of any trade agreements there may or may not be around the world. The two issues are not interlinked; each trade negotiation will be considered on its individual merits.
As I said in my opening remarks, these instruments will ensure that the regulatory controls for food and feed continue to function effectively after exit day, and that public health is protected; that is their purpose. They will correct deficiencies in the retained EU regulations as well as references and terminology relating to European institutions such as the Commission, the European Food Safety Authority and member states. EU legislation has been amended to reflect UK institutions to ensure that the current arrangements will continue to be operable in the event that the UK leaves the EU without a deal on 29 March 2019. That is the purpose of these regulations.
I was asked a number of questions; I shall endeavour to answer them all. The noble Baroness, Lady Walmsley, asked about the relationship between the FSA, FSS, and IFSA after exit. I agree with the noble Baroness that securing a strong partnership is important. It is a matter for further discussion but we recognise its importance and are endeavouring to work together closely with that aim in mind. She also asked about RASFF with respect to the Food Standards Agency. I reassure her again that we want to secure a strong and effective partnership with EFSA. That is one of the Government’s top food safety priorities and we will continue to work with EFSA as we continue our negotiations with the EU.
The agreement that we have reached for the implementation period allows the UK to participate in some EU bodies and agencies, including EFSA. It is acknowledged that this is in the best interests of both sides, particularly as UK contributions to EFSA through expert participation and the sharing of data and information are well recognised. The exact arrangements for UK participation in EFSA are a matter for the next phase of the negotiations, and part of wider discussions on co-operation between UK authorities and EU agencies. I cannot provide more details at this stage because I do not have them; they are a matter for negotiation.
Baroness Walmsley
Given the importance of these issues—this is life-saving information—the Government have had two and a half years to do this and we are told that it has been a top priority. We know that, even if we leave the EU at the end of March or May, or whenever, there will be years of negotiations from that point. There is no certainty on exit day; we get certainty only at the end of this very long period of renegotiation of trade deals, relationships with institutions and so on. In the meantime, we are all concerned about the safety of our food. Telling us that we are working very hard and all want a close relationship is encouraging and helpful, but it is not what we need.
Baroness Manzoor
My Lords, I recognise the frustrations but they are part of the negotiations. These SIs do not address the wider implications of what the noble Baroness is seeking, but I can assure her that food safety is the highest priority for the Government and that we are world leaders in ensuring the highest food standards. Those standards in food safety and quality will not be diminished. But I understand and recognise the frustration. If I had the answers or an understanding of where we are going—I do not think anybody has that at the moment—I would do my best to provide those answers.
The noble Baroness, Lady Walmsley, also asked about food and feeding ports and what she called the power grab by Ministers. The powers conferred on Ministers, as the noble Baroness will know, are subject to normal controls associated with SIs and must be informed by published, independent advice from the FSA and FSS. That will not change. The noble Baroness, and the noble Lord, Lord Dubs, asked whether the FSA has suitable resources. Some £40 million of extra funding last year and £16 million this year have been made available. It is also intended to recruit 140 new staff, who will boost the capabilities of the National Food Crime Unit. This SI programme will ensure that that is in place.
The noble Lord and the noble Baroness asked whether 60 minutes for consultations is enough. That is what we have at the moment; the law is not changing and businesses know the law already. So we are not doing anything different. Both noble Lords raised the issue that local authority capacity may be under stress. I recognise that there are challenges in local authority funding, but no major changes are intended, as I said in relation to the previous two SIs. All powers will remain in place for performance and control. The FSA has had £2 million this year and last year to support local authorities.
The noble Lord, Lord Dubs, asked about the devolved Administrations. We are of course consulting and working very closely with them; that will not change. I understand his wider points about Northern Ireland but that is not the subject of these SIs. He also asked what arrangements are in place for data security. I assure the noble Lord that the FSA has an extensive surveillance mechanism and is a very transparent organisation. As a public body it has to be audited and is responsible to Parliament. He asked which bodies will take over the various duties. Ministers will take risk-management decisions and will have adequate capacity. The FSA and FSS will take on risk assessments and we are happy that they are adequately resourced to do so.
I have already responded ON the border issues raised by the noble Baroness, Lady Walmsley. As I said, the Government will continue to uphold its commitments under the Belfast agreement, including the avoidance of a hard border. In the event of no deal, the priorities are to keep trade as frictionless as possible to minimise new borders.
The noble Lord, Lord Dubs, asked whether we have enough staff to verify complaints and how this would be done if the Irish border is left open. I have already indicated that additional resources have been made available. There is dialogue between the Republic of Ireland and the UK, and that will be maintained to protect the interests of the island of Ireland as a whole.
Finally, on the cost to business, this is a similar question to the one asked by the noble Baroness, Lady Walmsley, and I tell both Members that the answer is the same. Businesses know the current law and no impact assessment was needed because this is under the threshold of £5 million.
I hope I have reassured noble Lords that the whole purpose of these SIs is not to minimise food and feed standards in the UK, but to maintain the highest standards that we currently enjoy, and will continue to enjoy. With that, I hope noble Lords will agree to these statutory instruments.
NHS: Workforce Implementation Plan
Debate between Baroness Walmsley and Baroness Manzoor
Baroness Manzoor
My Lords, this Government are committed to an NHS and social care that work for everyone. In 2018, we committed to increasing NHS funding by an average of 3.4% year on year, meaning that by 2023-24 the NHS will receive £20.5 billion a year more than it currently does, giving the around 1 million NHS staff a well-deserved pay rise with all staff receiving at least a 3% pay increase by the end of 2018-19. We are increasing the number of training places for doctors, nurses and midwives, with more GPs than ever starting training in the NHS this year. We are delivering an additional 1,500 undergraduate medical places as part of the extension, opening five new medical schools across England.
However, I take on board the point that the noble Lord is making. We also have short-term strategies in place, which means that we are looking at increasing the workforce even further.
Baroness Walmsley (LD)
My Lords, is the Minister aware that the planned rollout of the new, more sensitive screening test for bowel cancer has been delayed because of a shortage of appropriate staff to undertake the follow-ups? That is life-saving work. What is the Government’s plan to correct the situation?
Baroness Manzoor
My Lords, as I have said, we have already put in place significant actions to boost the supply of nurses, ranging from training more nurses to offering new routes into the profession and enhancing reward and pay packages to make nursing more attractive, improve retention and encourage those who have left to return to nursing. There are almost 13,400 more nurses on our wards since 2010. However, we are certainly not complacent.
National Health Service: Missed Appointments
Debate between Baroness Walmsley and Baroness Manzoor(5 years, 9 months ago)
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Baroness Manzoor
My Lords, I agree that it is a very important issue, and the NHS is looking at it. If you miss an appointment with a consultant or GP, the costs of that service are stated very clearly. We take this issue seriously and are tackling it.
Baroness Walmsley (LD)
My Lords, this morning I had an appointment at a hospital in Wales, for which I had two reminders on my mobile phone, yet because I live in Wales I do not have access to the NHS app to make appointments with my GP. First, as the app develops, would it not make sense to add reminder functionality to it to remind people of their GP appointments? Secondly, what discussions have taken place with the Government of Wales to allow patients in Wales the same advantage from digital health management as patients in England?
Baroness Manzoor
My Lords, of course the NHS is a devolved service, so that is a matter for Wales. It is important to have technology, and in fact some GPs send reminders by text to let people know that they have a forthcoming appointment.
Brexit: Insulin Supplies
Debate between Baroness Walmsley and Baroness Manzoor
Baroness Manzoor
My Lords, I could not have put it better myself. I entirely agree.
Baroness Walmsley (LD)
My Lords, there is already evidence that some insulin is going on restricted supply, which means that a pharmacist, once she has used up her allowance, will have to spend valuable time going direct to the manufacturer to prove that she has the prescription. Pharmacists tell me that this is a nightmare and takes up a lot of time that they could otherwise spend advising patients. What advice will the Minister give to pharmacists in this situation?
Baroness Manzoor
My Lords, the department is certainly not aware of the kind of issues that the noble Baroness has raised. We are working closely with the regulator, with pharmacists and indeed with the Pharmaceutical Services Negotiating Committee. We are keeping everything under review. As I have said, we have in place both a shortage protocol and clear contingency plans. We have facilities that will enable stockpiling for companies. We are working very closely and constructively with pharmaceutical companies and the supply chain to ensure that there are no shortages of insulin to the UK and that, when it does arrive in the UK, it will move as freely as it does currently.
Breast Cancer: Women Over 73
Debate between Baroness Walmsley and Baroness Manzoor
Baroness Manzoor
On the NICE review, NHS England has asked Sir Mike Richards to lead a review of the current cancer screening programmes and diagnostic capacity. He will make initial recommendations by Easter this year and the review should be finalised in the summer of 2019. The review aims to further improve the delivery of the screening programmes, increase uptake and learn lessons from the review and recent issues. I cannot say any more until the review has completed its work.
Baroness Walmsley (LD)
My Lords, has the department carried out any research—and if not, will it do so—into the number of women, like me, who were diagnosed with breast cancer on the final routine mammogram for which they were called? If the number is substantial, surely that indicates that the age range for the routine screening service should be extended, particularly in the light of the fact that we are all getting older.
Baroness Manzoor
My Lords, I can only refer the noble Baroness to the answer that I gave previously, but I am delighted that her issue was picked up and dealt with effectively in routine screening—I am pleased to hear that. However, as I said, once we know the results of the AgeX trial we can consider any other issues that may emerge.
Long-term Plan for the NHS
Debate between Baroness Walmsley and Baroness Manzoor(6 years, 5 months ago)
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