Draft Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021

Daniel Zeichner Excerpts

Monday 14th June 2021 General Committees

[Daniel Zeichner (Cambridge) (Lab)]

It is a pleasure to serve once again with you in the Chair, Mr Hollobone.

When this statutory instrument came up, I immediately thought that there was something familiar about it. Not only were the words in a slightly different order, but it struck me that we have discussed much of this before—and of course, we did, with you in the Chair, Mr Hollobone, back on 2 November 2020. That led me to search my office to find my notes and accompanying speech from that time. I was delighted to find that the previous debate was largely about the errors that were being corrected in the measure that we were debating then. So we are now correcting the errors that were made in correcting the original errors. On one level, that is slightly amusing, but of course it is serious as well.

I noted that in the Minister’s typically very clear account, her speechwriter delicately suggested that there was an ambiguity. Actually, the person who wrote the explanatory memorandum was slightly less generous, because that says:

“this instrument fixes an error”.

It does not just correct but “fixes an error”.

In the debate in November, I remember gently teasing the Minister because it seemed to me that there were layers and layers of meaning being uncovered; I even suggested that it was a bit like a detective novel, although it was not clear who the villain was. Well, this time it is all too clear, and the Minister is named in the explanatory memorandum. Paragraph 3.1 clearly details the previous instrument, which the Minister agreed, but goes on to say:

“Due to an error in the commencement provision relating to Part 4 of the Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020, there is doubt as to whether Part 4 of that instrument, purporting”—

“purporting” indeed—

“to amend retained EU legislation, took effect.”

Quite clearly, something went badly wrong and we are here today to correct it.

You will be delighted to know, Mr Hollobone, that we will not oppose this correction, because we want things to work, but there are some questions to ask. It would appear that since our discussion last year, there has been a fault in the legislation, so it is not unreasonable to ask what have the Government been unable to do between now and then as a consequence of that fault? I ask because these instruments give the Government powers to do things, so what has been the impact of the fault?

I have never got the sense that the Government are particularly keen on many of these programmes anyway, but have fruit and vegetable organisations been disadvantaged? Have checks been carried out to ensure that the payments have been made correctly? If they have been, without the correct legal basis, what is the consequence? I recall the discussion last time. I think that the Minister told us that there are 33 such schemes. I assume that the problem would really have come out if there were new schemes to be established. I suspect that that probably has not been the case; otherwise, we might have heard complaints.

Given that this does seem to be a slightly hypothetical legal argument, I wonder why we get to spend time on this measure, which does not appear to have much real-world impact, but—I think the Minister knows where I am going—we have spent more than a year trying to get a satisfactory answer about how things such as suspending and restoring competition law in the food chain came and went. I imagine that, in the end, it is because the Government do not really want us to talk about it and the Government have control of the procedures.

As the Minister said, and as is explained in paragraph 2.9 of the explanatory memorandum, this SI also allows export tariff quotas to be opened up and administered. The Minister gave some extra detail—I was listening closely—but what has been happening in the first six months of this year? Have we had that ability, or have we not? What have been the consequences?

I have to reflect, perhaps slightly cheekily on the cusp of a rumoured Australian trade agreement, on what has been given away in return; perhaps we will come back to that later in the week. Finally, in paragraph 7.7 of the explanatory memorandum, there is talk of transnational producer organisations. Last time in discussion, we established that there might be four of them. Do we know the impact of the changes on them?

In conclusion, I do not think that we need to take the full hour and a half to discuss the draft regulations. We agree that these are sensible changes, but I will be grateful for the ministerial response to the few questions I have asked.