Draft Nutrition (Amendment etc.) (EU Exit) Regulations 2019

Chris Stephens Excerpts

Thursday 28th February 2019 General Committees

[The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)]

I beg to move,

That the Committee has considered the draft Nutrition (Amendment etc.) (EU Exit) Regulations 2019.

It is a pleasure to see you in the Chair, Mr Evans. I hope we can get through this Committee without talk of avocado—that will seem so random in Hansard, but I enjoyed it.

The people of the United Kingdom currently benefit from world-leading standards of safety and quality for nutrition and the regulation thereof. Our intention is that those high standards be retained and built upon following our exit from the European Union. The Department of Health and Social Care has prepared this statutory instrument to ensure that those high standards are maintained and that the UK possesses a functioning body of nutrition-related legislation that will uphold consumer protection standards and continue to safeguard our public health.

The SI covers a discrete aspect of nutrition legislation that is currently governed by EU law. It includes, first, the health and nutrition claims that food manufacturers can make for the foods they produce and sell to our constituents; secondly, the vitamin and mineral substances permitted for use in the food supplements that so many of our constituents take; thirdly, the vitamins and minerals that can voluntarily be added to fortify foods, such as breakfast cereals or soft drinks; and fourthly, the content of foods for specific groups such as young children, foods that are used for special medical purposes such as by people recovering from an illness, and total diet replacement foods for weight control purposes.

[Chris Stephens (Glasgow South West) (SNP)]

Can the Minister confirm that infant formula will be covered by the statutory instrument? How would he respond to the concern that many of us have about the fact that standards are currently set by the European Food Safety Authority, whereas other places, such as the US, have lower standards?

[Steve Brine]

I will come on to directly address the hon. Gentleman’s point about the replacement for the European Food Safety Authority; I thank him for raising that point. I mentioned foods for young children, which obviously addresses the other point that he made.

The instrument deals with an important area of legislation. Many thriving businesses operate in this space and employ many of our citizens. I reassure those citizens that our overarching aim is that businesses and other interested stakeholders seeking to submit applications, scientific dossiers, relevant files or notifications currently governed by the nutrition legislation amended by this instrument are not burdened with additional regulations or significant changes to the processes. Overall, our policy intention is to mirror the existing regulatory system and processes already in place as closely as possible, and the SI makes all the provisions necessary to do exactly that.

The amendments made by these regulations are primarily technical in nature. They include changing EU-specific references to ensure that they are effective in the UK after EU exit day, and transferring legislative functions from the European Commission to the appropriate UK authority. The amendments also ensure that all relevant EU lists, registers and annexes apply effectively from exit day, enabling continuity for businesses and maintaining the high standards already in place at EU level. Following exit day, any changes made at EU level will not apply in the UK, because clearly we will then be a third country.

One important change made by the SI is the transfer of functions from the European Food Safety Authority, which has already been referred to, to an appropriate expert committee in the UK. For nutrition and health claims, a new UK nutrition and health claims committee would assume responsibility for providing scientific advice to the four UK Administrations on any new claims made about products marketed within the UK’s borders. That committee would operate in a similar way and to similar timescales as the current EFSA process, providing further continuity to business. I am pleased to confirm to the Committee that the process for recruiting specialist members is well under way: high-calibre applications were received, interviews took place earlier this month, and the committee is ready to come into effect if required. We will announce its members shortly.

Regarding the devolved Administrations, the SI allows for the relevant Commission powers to be transferred to the Secretary of State here in England, Scottish Ministers, Welsh Ministers and, in Northern Ireland, the Department of Health in Stormont, thereby making provision for each of the Administrations to make their own legislation. In addition, if consent is provided by the devolved Administrations, the SI gives the Secretary of State the power to make legislation for the whole of the UK where that is appropriate and agreed to.

The devolved Administrations have been involved with the drafting of the regulations at every stage. I want to state on record that I am grateful for their continued collaborative approach in this area, helping to make sure that this policy continues to operate at the same high standards after our exit from the EU as it does now, as expected by Members of this House, by me and, most importantly, by the British public.

--- Later in debate ---

[Chris Stephens (Glasgow South West) (SNP)]

It a pleasure to see you in the Chair of yet another Delegated Legislation Committee, Mr Evans. Like many of the other statutory instruments that we have considered in the last few weeks, this one looks like yet another example of entirely ill-thought-out no-deal planning legislation that gives next to no guarantees of protections in the event of no deal.

Although it is right that current lists are preserved in UK law, the falling away of the EU frameworks that we have come to rely on will mean that if the EU decides to ban or strictly regulate items, those decisions will not automatically be applied here. That worries us, as it creates different playing fields between the European Union and the UK, and could mean that a weaker regulatory regime and weaker standards develop in the UK. As I asked the Minister, if we were to implement lower standards than those of the EFSA, is there any real concern with respect to infant formula? There does not seem to be a clear plan, so perhaps he could clarify the position on infant formula.

Paragraph 7.18 of the explanatory memorandum states that a number of pieces of legislation enshrined in UK law by the European Union (Withdrawal Act) 2018 will be revoked because they

“are inappropriate to retain in their current form, and will be established in future guidance.”

That means that EU regulations—binding legislative instruments—will be transferred into “guidance” at UK level. That is gross irresponsibility and sets an incredibly dangerous precedent. Also, where is that guidance and when will it be established? Will it be ready in time for a potential no-deal scenario to replace those EU regulations and decisions immediately? How can we guarantee that the Department will not use the opportunity to water down or make substantive changes to the spirit of the EU regulations and decisions?

The mass transfer of EU Commission and EU agency regulatory functions to UK bodies is another huge concern, as the instrument does not specify who would be responsible. It gives no assurance about which UK bodies are involved, apart from “appropriate UK Committees”, “relevant authorities” or Ministers. That is a quite extraordinary transfer of responsibilities and functions, set out in paragraphs 7.24, 7.25 and 7.26 of the explanatory memorandum. What resources have been made available and what preparations are taking place for that transfer of responsibilities? It is hard to believe that any infrastructure has been put in place when there is not even any detail about exactly which bodies will take on those roles and responsibilities. Will all that be ready in the event of a no-deal Brexit? Only by some miracle perhaps.

On consultation and guidance, the explanatory memorandum states that

“A full consultation report will be published in March 2019.”

Given that the Committee is considering the draft regulations in February, what exactly is the use of that? What if the consultation response indicates grave concern about much or any part of the draft legislation? It appears to be an utterly ridiculous situation. On top of that, it is stated that guidance documents for the industry will be available only in March 2019. That would be utterly laughable were it not so serious.

Our real concern is that this is a terrible piece of legislation. It is ludicrous that the Government are forcing MPs to debate it when we have seen neither the implementation guidance nor the full consultation response. Therefore, I will be voting against the statutory instrument today.