Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019

Duke of Montrose Excerpts

Wednesday 30th October 2019 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, this instrument makes technical amendments to ensure that retained EU law is effective and enforceable while also providing continuity to businesses and protection for the environment. No policy changes are being made and no change is expected in the way that the fishing industry conducts its activities as a result of this instrument.

The principal purpose of these regulations is to amend EU legislation that has come into effect since the previous fisheries EU exit SIs were made. This instrument will ensure that existing technical conservation measures continue to apply as part of UK law and will maintain the effective operation in UK waters of long-term plans for the sustainable management of fish stocks in the North Sea and the western waters. Where provisions confer powers to exercise legislative functions on the EU Commission or member states, those references are, generally speaking, changed to “a fisheries administration”.

The SI before your Lordships makes a number of adjustments to three pieces of retained EU legislation, but they make no changes to policy. First, it makes updates to the technical conservation regulation, which outlines technical rules that fishing vessels must adhere to for conservation purposes. This regulation is essential for the management of the fisheries activities of UK vessels wherever they are, and non-UK vessels in UK waters. The technical conservation regulation was previously made operable in retained UK law through an EU exit statutory instrument made in March 2019. However, the EU subsequently introduced revisions to that regulation in July. The UK was fully engaged in the process of revising the regulation which makes important changes, such as introducing a ban on pulse fishing from July 2021 and measures to support implementation of the landing obligation. UK fishermen are currently bound by the EU regulation, which is important to protect the marine environment, and the changes we are discussing today will ensure that they continue to fish to the latest standards by making the regulation operate in UK law.

Secondly, this SI completes the transfer of the North Sea multiannual plan into retained EU law. This establishes long-term plans for the recovery and sustainable management of mixed fisheries in the North Sea. The bulk of the legislation has previously been made operable in UK law. This SI completes the process by bringing across legislative powers necessary to introduce or amend the details of the plan. These powers to make legislation were previously conferred upon the European Commission, whereas they will now be exercisable by UK Administrations, and parliamentarians will be able to scrutinise them in a way that has not been possible hitherto.

Thirdly, this SI makes necessary amendments to the western waters multiannual plan. Almost identical to the North Sea multiannual plan, this establishes a long-term plan for the recovery and sustainable management of mixed fisheries in the western waters, of which UK waters form a part. The instrument makes minor technical changes such as amending references from “Union waters” to “United Kingdom waters” and removing references to “common fisheries policy” or “the Council” to ensure that the legislation operates correctly as part of retained EU law. We are making these amendments to this plan now as it was published only in March 2019, and we were therefore unable to include it in previous instruments.

This instrument also amends previous marine and fisheries EU exit statutory instruments—the Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019, the Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 and the Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019—as a consequence of changes made to the EU regulations since those previous instruments were passed by this House. Such minor changes include: the revocation of certain regulations relating to regional fisheries management organisations and a Community Fisheries Control Agency, which have been revoked at EU level and which will therefore no longer form part of retained EU law, and a minor change to the amendments to the North Sea discard plan, which has since been amended by the Commission. This ensures that our amendments to retained EU law are up to date with the legislation which will be transferred on to the UK statute book by the European Union (Withdrawal) Act 2018 on exit day.

I am afraid that there were a number of typographical errors in these previous instruments which we have taken the opportunity to correct: for instance, replacing a reference to the singular “member state” with the plural, “member states”. We have also changed a handful of amendments to the annual EU TAC and quotas regulation, made by a previous instrument. In particular, we have amended provisions relating to commercial and recreational bass fishing to ensure continuity of approach after we leave the EU.

Finally, we have taken the opportunity to amend the Animals (Legislative Functions) (EU Exit) Regulations 2019 to prevent duplicate amendments to the retained EU law version of Council Regulation (EC) No. 1/2005 on the protection of animals during transport and related operations. In particular, it removes an unnecessary power to make regulations about animals not covered by the regulation’s annexes. This power, which was originally conferred on member states, is not necessary because we are rolling forward a power—originally conferred on the European Council—to amend the annexes themselves. Similarly, a second amendment to a technical rule for transporting horses has been removed because it duplicated an amendment made by a different instrument: the Animal Welfare (Amendment) (EU Exit) Regulations 2019. Both of these minor changes ensure that we have the tidiest—the word used here—possible statute book before exit.

I reiterate that, although I have raised some substantial matters, particularly on fisheries, these are purely technical changes that are intended to simplify the statute book. They will in no way dilute or alter the ability of the Government to maintain current standards of protection, for instance of animals.

While there is no statutory duty to consult on this instrument, as is customary we have liaised with stakeholders about future fisheries policy as well as the approach taken by this instrument and other instruments made under the EU withdrawal Act. We have worked to ensure that stakeholders understand that this SI makes necessary technical amendments to retained EU law, which will ensure that we maintain a fully functioning and up-to-date statute book. Indeed, stakeholders have expressed gratitude for our engagement with them on this and earlier instruments.

Given that this instrument relates to devolved matters, all four Administrations have given their consent to Defra laying it on their behalf. This means that the powers will be made operable for England, Wales, Scotland, and Northern Ireland after exit. As with our approach to previous fisheries instruments made under the withdrawal Act, we have worked to develop and draft the instrument in close co-operation with each Administration.

This instrument makes retained EU law effective as part of UK law in these important areas. I beg to move.

[The Duke of Montrose (Con)]

My Lords, I have a couple of questions for the Minister, whom I thank for the extensive explanation of this fairly long bit of modification to an existing statutory instrument. As the Minister mentioned, fishing is all devolved, and this will take care of converting EU legislation so that it can be used by the various Administrations. Is any consideration required, or has any taken place, on having a framework for fishing in the UK? So many of the EU powers that are being devolved could do with a UK framework as a background to allowing all these things. However, the various devolved Administrations are very protective of their powers and I realise that it must be difficult to find a framework that will fit. When my noble friend the Minister mentions tidying up the statute book, I wonder whether the Government are relying on individual businesses that are interested in this legislation to correct their own copies. There is a massive amount of alteration in this instrument and if the Government could produce an amalgamated version, that would help.

Plant Health (Amendment etc.) (EU Exit) Regulations 2019

Duke of Montrose Excerpts

Wednesday 23rd October 2019 Lords Chamber

For the reasons I have outlined and because of some of the examples of the pests we are contending with, I beg to move.

[The Duke of Montrose (Con)]

My Lords, I welcome this measure by the Government, because we all find plant health extremely important in this country. As somebody with some small woodlands and gardens, I am conscious of diseases and things that have affected the country.

Presumably the plant health regulation was initially to do with diseases that were not in the EU. I was glad to hear my noble friend the Minister outlining that his department has picked up on diseases already in the EU. We need our own protection to prevent them being brought into this country.

I have just had a quick glance through the paper. The range of plants included is amazing: prunus, apples, roses and oak trees. I see, from the list of diseases the Minister is on the lookout for, that we need very good protection, and I am glad to think that the department is putting in place all this detail.

Most of these are things which we wish to keep out of this country. I just noticed in tidying up the legislation the restated phytophthora ramorum, which we already have in this country and which is causing a bit of damage, although not as much as some of the other diseases going about. We have had a lot of trouble with the other one—phytophthora lateralis—which is attacking ash trees across Scotland. I gather that the Government’s approach is to leave it to work and see whether we have any ash trees that will resist it, which is a fairly low-key, not very active approach. Let us hope that it has some success.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his comprehensive introduction to this very important matter for the UK. I am grateful to him and his officials for their time in providing a very helpful briefing.

Some of the language in this extensive SI is unfathomable to anyone not steeped in the science. As just one example, Regulation 4(6)(b)(ii) in Part 3 refers to,

“an official statement that it has been squared to entirely remove the natural rounded surface”.

This seemed an absurd statement to me and I am extremely grateful for the explanation that squaring a tree trunk removes the bark, which harbours many pests and diseases. This bark is then chipped or made into sawdust. The SI sets out regulations for how that by-product is to be treated, dependent on the country of origin, before importation, thus avoiding the transfer of disease.

The biosecurity of our native trees, shrubs and plants against pests and diseases is one of the most important aspects of ensuring that our countryside and way of life are preserved into the future. When and if we leave the EU, being confident that imported pot-grown oak trees are free from oak tree moth is vital. The oak tree is such a national icon that it would be devastating if it were to suffer the fate brought by Dutch elm disease and ash dieback. There appear to be a number of processionary moths attacking our trees, as the Minister has said, from oaks through to pines. It will be important to try to ensure that imports come only from areas and countries which are declared protected zones and to import at the time of year when the pests are known to have died off due to temperature or are dormant.

I turn now to cut flowers and pot-grown plants, some of which are seasonal. We are currently approaching the season when hundreds of thousands of poinsettias will appear in nurseries, florists and supermarkets. Some of us may even be given them as gifts. Poinsettias are grown under glass in cold climates, but in the open in warmer areas such as the southern states of the USA. Plants grown under glass are susceptible, as the Minister has said, to tobacco whitefly, which is undetectable to the naked eye. This pest spreads a virus which, if imported, could get into our salad crops, which are also grown in glass-houses. In an age where climate change is high on everyone’s agenda and in which we should be moving towards more self-sufficient, homegrown food production, the protection of salad crops is extremely important.

Another flower import is the cut rose. Most of these come from EU countries or east African countries such as Kenya. All come from protected zones, free from the rose rosette virus, which causes leaf curl and flowers to drop. India and the Americas are not protected zones and have the virus. It is obvious that importing cut flowers from across the world by air is not sustainable and doing little to help with climate change, but buying flowers only in season is a difficult message to get across to the public.

On 14 February and Mother’s Day, vast quantities of roses will be imported, especially long-stemmed red roses. Those coming from protected zones will be flown to airports close to our flower markets, such as the one in Bristol, in my own area. Can the Minister say how many flower markets there are in the UK and whether they receive roses and flowers imported from rose rosette-free zones? I regret that I can envisage a scenario where unscrupulous flower sellers and importers looking to make a quick buck will see the opportunity, especially around 14 February, to buy and import roses from unprotected zones such as Canada, America or India. This could be devastating for one of our country’s national treasures: the English rose. Will the Minister give assurances that there will be measures in place to prevent this happening? Will licences for importation be scrupulously checked around these sensitive dates in our calendar?

While it is very touching to receive a bouquet of red roses on Valentine’s Day, personally I would much rather have a bunch of UK-grown daffodils and tulips. These flowers bring such colour and hope to us all when they start to emerge in the spring, heralding the passing of winter.

Lastly, I understand that in the UK we have 24 protected zones. Will the Minister say where the protected zones are around the country?

This is an extremely important SI which will help protect our trees and plants. I fully support the measures we are debating this afternoon.

Rural Economy (Rural Economy Committee Report)

Duke of Montrose Excerpts

Tuesday 8th October 2019 Lords Chamber

[The Duke of Montrose (Con)]

My Lords, it is a great pleasure to be asked to follow my noble kinsman, as I am conscious of the amount of time that he has dedicated to the subject of the rural economy. Today, with the aid of this exemplary report, we are being asked to consider a strategy for the whole rural environment, and the committee has done a good job of assessing all the elements needed for people to function with full access to all that technology has to offer. At the same time, I think we are all conscious of the Countryside Alliance briefing providing us with a full report on the part it played in amassing all this information.

From reading the Government’s response, which we have all received, my understanding is that it argues that they have got most of the issues raised covered, but it is hard to see that it produces anything that the rest of us can understand as a strategy. A strategy still needs to come. The element that most interests me, as I have always declared on the record, is agriculture. I am very grateful that my noble friend the Minister is here today to answer our questions, because he is largely responsible in government for that issue. The most encouraging thing going on that I have come across is that, since July, the Government have been conducting an independent review to develop a national food strategy. It is perhaps too early to know what that will come up with, but it is bound to be a key kernel of any rural strategy. Can my noble friend offer any comment on how it is progressing?

If I may, I shall reflect on some of the history of the sector. Noble Lords present may well be acquainted with a marvellously descriptive book about farming at the time of the First World War by a well-known agricultural correspondent called AG Street. The book was called Farmer’s Glory. The last chapter gives the farmer’s perspective on the scene in 1931, reflecting on what he terms,

“the last seven years of depression”.

That takes us back quite a long way, but it has many parallels with what is faced by the agricultural industry today. I quote a few lines he wrote at the time. He said:

“Probably one of the hardest things for farmers to realize to-day is that they are considered unimportant people by the majority of the community … to-day the consuming public are being fed by foreign countries very cheaply”.


Is that the way we are heading? His other comment of the farmer was that,

“he is engaged in an occupation for which his country has neither use nor interest”.

I hope we have not gone that far. That is only the beginning. Agricultural memories are full of the crash in agricultural activity that followed, which continued up until the Second World War. Strangely, the only way ahead he saw in those days was diversification and grassland farming. My Lords, have we not heard of that formula once again?

Now we are coming around to the same story. A no-deal Brexit sounds like it will just repeat that scene. I know, having talked to farmers in Northern Ireland, that they are watching all the different proposals that the Government are producing for their southern border with some trepidation. Half the lamb crop there has to be exported live to the Republic for slaughter and processing. None of us knows whether the EU will wish to reciprocate our tariff-free approach, which, so far as I can understand from the Government’s announcement, will be only for one year anyway.

We have heard reassuring noises from the Government about how they undertake to devote the same finance to the rural economy as has been customary for the next two years. That is far from a rural strategy for the industry, where a significant proportion of production is tied into a three-year process. It is easy for Governments to be critical of the money put into farming. We have been offered as a starting point the statistic that 20% of farmers produce 80% of goods. It would then be easy for the economists to say, “We will cut out a large part of all the inefficient farmers”. What remains to be seen is whether the present Government’s new green approach will recognise that some of what we might call industrial production methods offer the least in terms of the green criteria. Perhaps any strategy for food will have to allow for some element of the less productive farming enterprises to be maintained.

Looking at the issue more widely, I know that the Scottish Government have opted to turn a much bigger area of the country over to forestry. Can my noble friend tell us what is the approach nearer to where we are now? Will that be part of a rural strategy for the rest of the country, and will the Government be looking at a strategy as they go forward?

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

Duke of Montrose Excerpts

Monday 7th October 2019 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I do not wish to speak directly to the amendment moved by the noble Baroness, Lady Jones, but it provides a context for a point that I would like to raise for the consideration of the Minister about the trade in animals and animal products regulations. I do so against the background of what is said in paragraphs 10 and 11 of the Explanatory Memorandum. We are told that the amendments in this measure are “technical in nature” with “no policy changes”, so no public consultation has been undertaken. According to paragraph 11.1:

“As no policy changes are included in the instrument no guidance specifically related to this instrument is required”.


The point I want to raise arises under Regulation 19(3)(d). It deals with an amendment introduced in light of Council Decision 2011/408/EC, which lays down simplified rules and procedures on sanitary controls for certain fishery products. The regulation states that the following new paragraph is to be substituted for paragraph (2) of the legislation:

“Products listed in paragraph 1 that originate from Greenland and enter the United Kingdom are not subject to veterinary checks that would otherwise apply to products originating from countries that are not EEA States, provided that the following conditions are satisfied”.


Noble Lords can see what these conditions are in new paragraph (2)(a), (b) and (c). I am particularly concerned about who is to be satisfied that these conditions are indeed satisfied, because there is no explanation of who will consider whether these various tests are met.

The point arises particularly in relation to new paragraph (2)(c), which refers to,

“consignments of such products dispatched to the United Kingdom from Greenland”.

which should,

“conform with the requirements of EU legislation concerning animal health and food safety relating to the products”.

This is a context in which there are to be no veterinary checks, so in the interests of biosecurity and eliminating biosecurity risks, it is very important to know who, other than a veterinary expert, is going to be satisfied that these consignments conform to the requirements of the EU legislation. I know I am putting a question to the Minister which is very difficult to answer now, but the point really arises in relation to paragraph 11.1 of the Explanatory Memorandum. This is perhaps something about which guidance could be given so that everybody knows who will undertake the responsibility of checking that these consignments conform to the regulations. At first sight, without broader context to put it into perspective, it seems very strange that products from Greenland—much though one respects their quality—should be exempt from these veterinary checks by some other means when there is no clarification about exactly how anybody will be satisfied that these other means are actually being met. Had there been more consultation, somebody else might have raised this point and it would have been more thoroughly investigated. At the moment, it looks as though there is a gap that needs to be addressed. If the Minister cannot do so now, it could be done through guidance at some later stage. It would be very helpful if he would undertake that the matter will be examined and addressed in guidance if it is thought appropriate.

[The Duke of Montrose (Con)]

My Lords, I declare an interest as a farmer. As somebody who has lived a long time in the farming industry and who was a spokesman for the sheep industry, I am glad that the two opposition spokespeople raised the question of this great uncertainty and the agricultural industry’s reliance on imports and exports. We want to have everything right.

I think most of us find it very difficult to follow exactly what is likely to go on in the weeks ahead. Focusing on the Benn Act is not the full story, because presumably there could be a settlement before we get to the end, or the EU might offer some changes, and we would like to be sure that our legislation is fully up to date. So the farming industry will be extremely grateful to the Government for taking all precautions. Churning out this legislation in the event that something might happen is becoming a bit of a habit. At the same time, the farming industry would be very unhappy if a loophole were left that might surprise us.

I am very interested that we have up-to-date legislation on spongiform encephalopathies, because we are very much bound by what the EU has said on that. At the same time, the sheep industry is being rather hamstrung, in that it has its own encephalopathy, which has caused the fact that all sheep exported have to be split down the middle and the spinal cord removed. This is putting quite a lot of extra cost on to exports at the moment. The EU is moving towards removing this requirement and we would like to be kept fully up to date on that element. So I support the Government in their efforts on this matter.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank the Minister and the department for bringing forward these statutory instruments. I also thank the House of Lords Secondary Legislation Scrutiny Committee for its work in preparing for today’s debate. As regards the amendment, I think the whole House will accept that it is not the wish of the farming industry, any rural business, or any business or individual or family, that we crash out of the European Union without a deal. However, I do not think this is the occasion when we should be pressing this forward, and I hope it will not come to that.

I have three or four specific questions. A number of noble Lords have spoken today about the ban on free movement and alternative arrangements to TRACES. When this was raised in the House of Lords Secondary Legislation Scrutiny Committee, the department said that,

“a pre-final version of the UK’s new ‘Import of products, animals, food and feed system’ went live on 30 September”.

When will the final version be introduced and when will it be operational and trialled to make sure that it works seamlessly on 1 November, if required?

Under the new procedures which require the issuing of certificates, as I understand it, I have a particular question in the context of Northern Ireland’s exports to southern Ireland. In the absence of the Stormont Assembly, which bodies have been consulted by the department to make sure that Northern Ireland industry and Northern Ireland-equivalent producers are satisfied that the requirements are in place? According to the Northern Ireland DAERA office, 18,000 certificates a year are issued, which potentially could rise to 1.9 million or more. Can the Minister assure the House today that there will be the capacity to issue the increased number of certificates that will be required in view of the fact that we will be listed as a third country—or will we be covered by any arrangements? Obviously, we do not know what the final arrangements will be.

My particular question to the Minister is whether there will be a sufficient number of vets or alternative qualified officials to process and issue these certificates. Reading the Irish press last Thursday, it appeared to me that there was grave concern that there are not enough vets, not just in the whole of the UK but particularly to address the issue in Northern Ireland.

Will the Minister outline the arrangements that were announced in a consultation for ending the transport of live animals when the United Kingdom leaves the European Union? I accept that the Secretary of State, representing Chipping Barnet, as she does, will not have been exposed to many suckler cows or spring lambs. However, she must be aware, as the department alludes to in these two statutory instruments, that many of these movements of live animals are for purposes other than for slaughter, such as breeding, showing et cetera. Even when spring lambs are exported from the north of England, Scotland, Wales and, I imagine, Northern Ireland as well, for example, to France, this is a very limited trade. For every live animal that is transported, it used to be said that there were seven in carcass form—I have been unable to get the up-to-date figures.

Animal Welfare (Licensing of Activities Involving Animals) (England) (Amendment) Regulations 2019

Duke of Montrose Excerpts

Tuesday 25th June 2019 Lords Chamber

I welcome these regulations but, as others have said, they must be part of a larger suite of measures involving carrot as well as stick to enable an appropriate and legal supply of animals of high welfare and health status that will provide wonderful pets.

[The Duke of Montrose (Con)]

My Lords, I declare my interests as an honorary associate of the British Veterinary Association and as someone who has been breeding animals—and every now and again a dog.

I take it that this legislation will prevent anyone other than a breeder from selling an animal under six months. That will tidy up many of the pet shop problems which we all regard as serious.

I hope my noble friend the Minister will be able to clear up a couple of matters. He and the Secondary Legislation Committee have said that local authorities will have to enforce these regulations, and my noble friend Lady Byford asked whether they would get any financial assistance to do so. The BVA is asking that anyone using a dog for breeding should be registered with the local authority. What is the Government’s view of this proposal? Will it be left to local authorities to enforce?

The 2018 regulations are to do with animals as pets. Can my noble friend clarify whether this could also include working dogs? We have had to go through the question of the docking of dogs’ tails, and in Scotland it has been allowed that working dogs do not have to have their tails docked. I am thinking particularly of working dogs—shepherding dogs, and possibly shooting dogs too, but I am more familiar with shepherding dogs. They are often bred by a working shepherd who does not want the job of rearing them. Some people are well known as good-quality rearers and will take the young dogs and bring them on. The dogs will be outside the scope of the regulations because they will be over six months old, and at that stage they will go to somebody who will train them. It is possible that someone could be hired to do that job but at present there is a turnover of animals in this area. I would be interested to hear whether there is any possibility of the regulations covering working dogs.

[The Countess of Mar (CB)]

My Lords, what is the position regarding inspectors? I ask that because I was approached by a young man in our local authority who has birds of prey and various wild animals that he takes to shows. He applied for a licence and was told that it would cost him nearly £1,000, but friends of his in neighbouring local authority areas are being charged between £150 and £400. I inquired of the chief executive of our local authority why this was and he told me that it was because it had no inspectors up to level 3 and that a veterinary inspection would be required. I then checked and was told that there were very few training facilities taking inspectors up to level 3—in fact, there is only one—and the courses are fully booked months ahead. In addition, they cost £900, according to the chief executive. Will the same thing apply to people who want a licence for puppies and kittens? Will they be charged for a veterinary inspection because there are no level 3 inspectors? If not, what will happen?

Brexit: Plant and Animal Biosecurity

Duke of Montrose Excerpts

Wednesday 15th May 2019 Lords Chamber

[The Duke of Montrose (Con)]

My Lords, I have considered it a privilege to serve on the Energy and Environment Sub-Committee as it has dealt with these matters. I offer my congratulations to our chairman on persevering to secure the debate and to the committee staff on producing such a comprehensive report, the measure of which can be seen in the thorough and detailed response from the Government. I think that we sharpened up their approach very considerably.

On Monday, as part of Invasive Species Week, my noble friend the Minister mentioned that he and his colleagues had successfully obtained approval for the UK to have approved third-country status in case of Brexit. I for one feel that he and his colleagues should be congratulated on that because a great threat was hanging over the farming industry.

I declare my interests as detailed in the register as a farmer and landowner in Scotland. Quite a lot of the policy in this area is a matter of devolved competence but the question of Brexit and protection from invasive alien species is bound to be of common interest across the UK. In my small, immediate area of the UK, I have experienced a great deal of the breakdown of biosecurity. We have seen invasive plant species such as giant hogweed, Japanese knotweed and Himalayan balsam, to mention a few. Then there are the current invasive plant diseases, in addition to those whose effects have been mentioned by noble Lords. We have seen it in shrubs, rhododendrons and cypresses; these diseases will affect a great raft of areas.

On animal species, my experience goes back as far as grey squirrels and mink but there are other things nowadays, of course. Now, noble Lords concentrate rather more on the topic of animal diseases. We even had an invasive fish wipe out a particularly unique native fish population in Loch Lomond. There are many more such diseases under all these different headings that we watch for and fear.

All of these things involve production and financial losses or expenses for anyone involved in making an income from the land, and much of it has occurred in my lifetime. If the Government’s policy is that we must learn to be more efficient and productive in agriculture, they will have to be much more rigorous in maintaining a true species and sanitary barrier around our shores.

On financial support for agriculture, we are constantly being told that we should try to emulate New Zealand. The noble Lord, Lord Teverson, mentioned this subject. Anyone who has visited New Zealand will know that border security, even for a passenger, is strict. You are put through a rigorous procedure if there is any suggestion that you may have been on a farm in another country, yet here we allow overseas animals to be delivered to a purchaser and only then subject them to testing.

The committee raised the question, as have other noble Lords in this debate, of whether the UK has sufficient powers to enforce compliance. The Government’s reply suggests that biosecurity is an area where the relevant department probably has sufficient powers to ensure that the full rigour of the legislation is enforced. We hope that that is true because we simply do not want invasive species.

In certain other environmental matters, the EU has operated to a different pattern of discipline in order to deal with 24 different countries. The EU likes to set aspirational targets and regulate with fines. Noble Lords will almost certainly remember that it was a considerable novelty when we passed the Climate Change Act and introduced the target mechanism into UK law. The ordinary citizen now knows what was considered appropriate at that time and can urge the politicians on. The difference between us and the EU is that it was never considered desirable, and we still do not know who will be held accountable if and when the country misses that target. Can the Minister say if in his view it has provided a pretty good incentive which we all have to watch for? What other mechanism would he suggest?

The noble Lord, Lord Teverson, considered the variations in the EU list of invasive alien species. He asked what system the Government propose to put in its place. I notice that the Minister gave some consideration to the question in his reply to the report. We all know that variations will occur. The first issue for us will be, as always, whether we feel compelled to act in compliance with what the EU does for the sake of trade. Should we immediately follow suit? But if change is needed, the suggestion is that the Secretary of State will be able to make the changes by order. Can my noble friend the Minister say whether this order will be in the form of a statutory instrument, and if of contentious nature, could it be subject to the affirmative procedure?

Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019

Duke of Montrose Excerpts

Wednesday 20th February 2019 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, these regulations are very technical and I congratulate my noble friend on moving them. I have a question that relates solely to the Animals (Legislative Functions) (EU Exit) Regulations 2019, in particular to paragraph 7.9 on page 4 of the Explanatory Memorandum covering Regulation 9. This is the animal slaughter regulation which will transfer, as my noble friend has explained, the legislative functions from regulation EC 1007/ 2009. I notice that we are transferring the power specifically and allowing Defra, presumably, to,

“define the maximum numbers of poultry, hares and rabbits to be processed by low throughput slaughterhouses; and publish guidance”.

What is the average throughput of these animals at the moment? Is my noble friend minded to specify other categories as well?

Perhaps the Committee will permit me to make a general comment. I was in the European Parliament as a directly elected Member when we passed the original abattoir directive, as I think it was known. I argue that it was not the fault of MEPs that we applied that very restrictively in the UK. That led to a number of slaughterhouses closing. A point of principle has been established—I am sure my noble friend is wedded to it, as am I—that animals for human consumption should be slaughtered as close to the point of production as possible, yet we now find ourselves in a situation where we have a greatly reduced number of slaughterhouses. I had the privilege of representing two different areas, but for 18 years I represented next door to the joint largest livestock production area in the north of England. I believe that animals being transported further, because of the reduced number of slaughterhouses, was a factor in the foot and mouth disease epidemic. I hope that my noble friend will take this opportunity to say that we will draw the line and that we have no intention of reducing the number of slaughterhouses through this or any other regulation.

[The Duke of Montrose (Con)]

My Lords, I thank the Minister for his detailed exposition of the extent of this legislation. It sounds as though the existing regime will transfer without too much of a hiccup in order to enforce the regulations. However, in declaring my interest as a livestock rearer and a farmer, I cannot resist pointing out that the existing system is not totally foolproof. This is really for another day, but we need to realise that certain diseases seem to slip in not just by midges being blown across from Europe. Two that affect sheep in particular which have come in are maedi visna and ovine pulmonary adenocarcinoma—OPA. These diseases are now hidden in our own flocks and are very difficult to determine.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his very helpful introduction, and for his time and that of his officials in producing the very helpful briefings we received prior to debating these statutory instruments. But yet again no impact assessment has been produced for them, as the Government believe there is no significant impact. This is not acceptable, since insufficient time is being allocated to allow proper scrutiny of the raft of Defra SIs in particular that are required to be passed before 29 March. Had the Government started this process earlier there would have been sufficient time for such impact assessments to have taken place, and for the public and politicians to be suitably reassured that no harm would occur. However, I do not agree with the noble Lord, Lord Adonis, that all our consideration of SIs should take place on the Floor of the House. That would be a very poor use of parliamentary time.

Although the first SI on aquatic animal health and plant health does not make changes to substantive policy content, there is always a risk of new disease and pest risks. The SI gives the Secretary of State powers to manage and prevent diseases and pests in aquatic plants and animals. It also allows the Secretary of State to amend lists of possible diseases and pests on the basis of evidence and bring about restrictions to stop imports if they are believed to be infected with these diseases and pests. However, there is little to say what the evidence base will be for amending lists of diseases and pests, or how this will impact on businesses and the voluntary sector. What type of evidence will be required and where that will come from?

As we are becoming somewhat used to, there are a whole host of delegated powers in this SI that allow the Secretary of State to amend lists of diseases as well as other things listed in Regulation 7 in Part 2. These powers are currently exercised by the Commission as delegated powers. However, the Government do not appear to be drawing back powers that should be held by Parliament. If the Government essentially intend to mirror the EU’s list of diseases and pests, could the Minister say what the point is in claiming back these functions? Surely this is the point of pooled sovereignty.

The list of diseases is transferred, with appropriate modifications, to the Secretary of State, Welsh Ministers, Scottish Ministers and Defra in the case of Northern Ireland to exercise in their respective areas. Could the Minister say what these appropriate modifications will be? The Secretary of State may also exercise the functions on behalf of a devolved Administration with their consent. There are several other powers under this directive that are not transferred via this instrument as they are not thought to be critical for day-one readiness and may be transferred in due course. Again, could the Minister say what these functions are and when they might be transferred?

The animals legislative functions SI covers the provision of a lot of animal regulation currently managed by the Commission to be given, again, to the Secretary of State, who may make amendments with the permission of the “appropriate Minister”. New article 2a as inserted by the SI gives a definition of the appropriate Minister, which includes the Welsh Ministers, the Scottish Ministers and Defra for Northern Ireland, as I said. However, the appropriate Minister has to give consent to the Secretary of State before changes can be made. Could the Minister say what contingencies are in place should such consent not be forthcoming from the Welsh and Scottish devolved Administrations? I presume is it expected that Defra, on behalf of Northern Ireland, will automatically give consent.

I am concerned that the transfer of these powers to the Secretary of State on animal welfare could lead to a watering down of our animal welfare regulations, which are currently some of the best in the world. They include the transportation requirements of animals, the level of checks carried out on livestock, limiting the amount of seal hunt products arriving on the market, and the maximum number of poultry, hares and rabbits to be processed by low-throughput slaughterhouses. As the noble Lord, Lord Trees, has said, it is extremely important to maintain the strictest regulations for TSE.

As the noble Baroness, Lady McIntosh, flagged up, could the Minister say just how many hares and rabbits—particularly hares—are slaughtered through slaughterhouses? I am by no means an expert, but I have never heard of hares or rabbits being killed by slaughterhouses in this country. Our hare population, although recovering in some areas, is seriously under threat. The thought that these wild creatures will somehow be subject to a slaughterhouse production line is extremely concerning.

The Government continue to make encouraging noises about their commitment to animal welfare, but appear not to ensure that our current standards are enshrined in our law; they are subject to alteration by the Secretary of State. While the current incumbent is committed to animal welfare, we all know that Secretaries of State can come and go. It is a dangerous policy to allow these commitments to be the subject of individual personnel, as opposed to committed to law.

Infrastructure Planning (Water Resources) (England) Order 2018

Duke of Montrose Excerpts

Wednesday 21st November 2018 Grand Committee

[Baroness Byford (Con)]

I follow the noble Lord, Lord Campbell-Savours, and sympathise with the situation in which people find themselves in Keswick. The Minister has already referred the noble Lord to the previous Act and said that there are restrictions in it. If they are not being observed or things are not being done, that is a slightly different issue from what is before us today. However, I well understand the vehemence with which he has—“used” is the wrong expression—taken the opportunity to raise the whole issue of having a development in not the right area and not protected in the same way. I suspect that other Members of the Committee will come back on the issue of flooding.

I support and welcome the measure before us. The question asked earlier by the noble Lord, Lord Campbell-Savours, was: “Who is driving it and why are we having it?”. From my very amateur point of view, it is looking to the future. There are going to be more people and we are going to need more water, so the ability to have four or six newer, larger innovations that will enable us to use water in a better and more sustainable way has to be the right approach. Still, I say to the noble Lord that it is not that I do not sympathise; it has been a terrible experience for people who have been troubled by flooding.

I welcome this statutory instrument. We need to plan for the long term. We cannot suddenly find ourselves short of water with nothing to fall back on. As someone who comes from the farming community, I am only too aware of the many demands there are for growing more food. The one crucial thing that we need is water. For those who live on the west side of the country, water is not an issue—it is there all the while—but for those of us who farm on the eastern side it is a huge problem. So being able to enlarge a reservoir or have desalination as a backstop has to be a welcome new initiative.

The Minister mentioned climate change. I agree with him, whatever the way in which it is changing. I think this last year will have reinforced the fact of climate change for all of us: it was a very cold winter, then we had a lot of rain and then in East Anglia we had three months of no rain at all. So we need the ability to be able to drain off water in order to supply crops. Those in rural areas who were not able to do so lost crops and could not get them off the fields because there was no water to enable it to happen. So we face big challenges.

I gather we have more consultation coming in a draft towards the end of the year. Perhaps when that draft comes through, it could include some of the concerns that the noble Lord, Lord Campbell-Savours, has indicated today. We need to ensure that where new reservoirs or desalination plants are being built, they are in a suitable place and not likely to reproduce the experience that they have had up in Keswick. There have been various consultations, and as far as I understand it they have on the whole been supportive.

I have one query for the Minister about the Explanatory Memorandum. There was one part of that I picked up on and did not quite understand because it struck me as slightly odd. I refer the Committee to paragraph 6.4:

“The development also cannot relate to the transfer of drinking water”.


I thought: why not? I am sure the Minister will be able to tell me why, but it seemed odd that we are dealing with different things. However, I suspect from listening to the earlier debate with the noble Lord, Lord Campbell-Savours, that it will go back to a previous Act, where something will be written in to define what it is. Again, I think it should be slightly clearer in the memorandum because I do not understand why.

I am happy to support the statutory instrument, but I should like the Minister to bear in mind some of the comments that have already been made on the question of where such developments are positioned. This is a key issue. In some areas, I am sure that people will accept that they need to be there. They may be rural areas—I do not know quite how they would be defined, but in future years we will need to balance flood protection with water conservation and using water to the best of our ability.

[The Duke of Montrose (Con)]

My Lords, my experience of water retention on this scale is that I was involved in the transformation of Loch Lomond into a reservoir capable of supplying 450 million litres of water a day.

On the volume of water held back by a dam being increased from 10 million to 30 million cubic litres, perhaps the Minister can say whether the noble Lord, Lord Campbell-Savours, can take some comfort from the fact that the smaller reservoirs would still be subject to all the regulations in the 1975 Act. I have just come from a meeting where we were addressed by an executive from Anglian Water. He said that it was under severe pressure this summer and that, if it has to extract any more water from ground sources, it feels that it will be moving into an area where damage might be caused. This must be quite a worry.

[Baroness Redfern (Con)]

My Lords, I too welcome the SI and agree with many of the comments of my noble friend Lady Byford. We have droughts in the eastern part of the UK, so I welcome looking at our reservoirs and desalination plants.

I have a query about the impact on costs to local authorities. In paragraph 12.3 of the Explanatory Memorandum, it says that,

“there will be a slight increase in costs to Local Authorities … as more resource will be required in order to advise on applications”.

Is that for central government or for local authorities? Budgets are tight and I should like some clarification, particularly on that explanatory note.

Mandatory Use of Closed Circuit Television in Slaughterhouses (England) Regulations 2018

Duke of Montrose Excerpts

Tuesday 27th March 2018 Grand Committee

[Lord Gardiner of Kimble]

I understand that. It is why CCTV will cover all areas, and that will provide the extra scrutiny. The FSA and the official veterinarian will be able to enhance animal welfare and, if necessary, identify people in slaughterhouses who are not behaving properly. Obviously the CCTV will need to cover all areas of the operation and the official veterinarian will need to look at the footage. The whole purpose of this is to enable the official veterinarian to see when any elements of the operation are not being undertaken properly.

I think some of this will unfold in a way that I hope will satisfy the noble Lord that we are really keen to get this one properly sorted. As I say, the FSA will be viewing the tapes. The noble Baroness, Lady Jones of Whitchurch, and, I think, my noble friend Lord Cathcart may have raised this in terms of viewing the tapes. The FSA inspectors will include the OVs, meat hygiene inspectors and FSA auditors from the health and welfare angle. In addition, I will be mentioning random visits; it is somewhere in my papers.

The noble Lord, Lord Curry, asked whether it is an offence not to retain footage for 90 days. This is indeed an offence under Regulation 9(1)(b). The penalty for a breach is a fine of unlimited amount. I say to the noble Lords, Lord Curry and Lord Campbell-Savours, and a number of your Lordships who have raised this, official veterinarians must be on the premises at all times, but the FSA also undertakes random inspections and risk-based audit visits of slaughterhouses. So with the requirement of the official veterinarian being in place at all times, the random visits, the arrival of this new regulation and the work we will need to undertake in that respect, I believe this advances these points.

[The Duke of Montrose (Con)]

Excuse me for coming in at this point. When you were talking about the official veterinarian being there at all times, I presume that means all times when the slaughterhouse is operating officially. Will the cameras run at other times or will the cameras switch off when the official veterinarian leaves?

[Lord Gardiner of Kimble]

Again, I may look slightly sideways. The whole purpose of these regulations is so that at all times that the slaughterhouse is in operation—I stress “at all times”—whether at the arrival or at the end, the CCTV has to be on. If no animals are present or if everyone has gone home, the CCTV camera would not be in operation. But when any animal is present, at all the stages that I have outlined, there will be a requirement for CCTV to be in operation so that it can be viewed by the range of people that I have outlined. I think that is very much a positive.

A number of your Lordships, including my noble friend Lady Byford, have raised the level of the fine. The level of fine that can be imposed under these regulations is unlimited. By way of background, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 removed the cap on level 5 fines, allowing them to be unlimited in amount.

My noble friend Lord Cathcart raised the question of costs. I can only, in this honest venture, set out what I know from the impact assessment. The impact assessment published with the consultation last summer estimated the average cost—I underline “average”—to be £2,500 for installation. The cost of installation in slaughterhouses will clearly be proportionate to the size of premises and whether CCTV is already installed. The costs would be incurred only to cover live animal operations not previously covered. This is estimated to be about £500 per area. Again, in the figures I have, total one-off costs to the English slaughter industry for the installation of CCTV were estimated at £670,000. Ongoing costs, to include staff, maintenance, replacement and electricity, were £250,000, with a view that the cost to the regulator was considered to be minimal. I am going to go on to talk about small slaughterhouses. One knows the benefit of these regulations for animals, but what they mean for the provenance and reputation of British food is also very strong.

The noble Lord, Lord Trees, mentioned the issue of standstill periods. Animals which are subject to religious slaughter and which are not stunned must not be moved after the neck has been cut until the animal is unconscious—that is at least 20 seconds for sheep and goats and 30 seconds for cattle. We are very clear on that.

Brexit: Agriculture and Farm Animal Welfare (European Union Committee Report)

Duke of Montrose Excerpts

Tuesday 17th October 2017 Lords Chamber

[The Duke of Montrose (Con)]

My Lords, I join those who wish to congratulate the noble Lord, Lord Teverson, on securing this debate. I must declare my interests as set out in the register, in particular as the recently retired president of the National Sheep Association of the United Kingdom, 50 years as a hill livestock farmer and member of the Scottish NFU.

I consider it a privilege to have been able to participate in this committee inquiry, and the rate at which our committee staff summed up the evidence put before us I found quite breath-taking. We received evidence from 20 witnesses representing every aspect of the industry, from academics to production and marketing. We also received 56 written submissions, all of which must have a direct interest in this subject, including from the Minister.

For the livestock side of the industry, it hardly needs me to emphasise what many other Peers have been saying. In fact, most of the points I would like to make have already been introduced into the debate, but I want to nail down one or two aspects. Anything less than tariff-free access to Europe will cause immense disruption to the livestock industry. The noble Lords, Lord Whitty and Lord Wigley, have drawn the attention of your Lordships to the Agriculture and Horticulture Development Board report which came out just last week. It reiterates that the Government have said that they will guarantee the same level of funding at £3.1 billion for food production from the date of Brexit to the end of this Parliament. Some farmers feel that they can operate without any of that, but what there is has provided a lifeline for much of our beef and sheep production, as many noble Lords have pointed out. Can the Minister tell the House how much, if any, of that sum was required for the administration of the current scheme or what additional costs were incurred under this heading? It would be a great triumph if the Government could come up with a support system that cost less, and I hope that they will strive to achieve that.

Most noble Lords will also understand how agriculture presents a stumbling block to the dedicated free trade enthusiast, a point made by the noble Lord, Lord Whitty, as it continues to develop tariffs and subsidies in spite of various international agreements. That is so much so that it has been the undoing of much that was hoped for in the most recent Doha development agenda. However, it has always proved hard to see how there cannot be some assistance in certain critical situations. The Government are obviously looking at the minimum that can be worked with as well as where we will stand if no deals are available. The noble Lord, Lord Teverson, told us that there has been some discussion about the allocation of European tariff-rate quotas for agricultural goods. Inevitably, this has produced a negative response from the third-party nations which at present are the beneficiaries of this policy, and that highlights how there is nothing straightforward about the whole negotiation. Because of the third parties involved, it looks as though no meaningful agreements can be reached until the UK lays out its attitude to basic WTO rules and publishes a proposal for its tariff rate schedule. Can the Minister tell the House if there is a target date for finalising this proposal and what that date might be?

The report I referred to earlier emphasises that the number of farms in England has fallen by 20% in the past decade, but we are familiar with the fact that that is only part of the story. Some consideration should be given to the manning required to keep the skills and experience needed to make the countryside run well. Until now, farmers have prided themselves on being open to innovation. The innovation they have welcomed has largely been in relation to efficient and economic food production. What illustrates that well is that according to World Bank figures, the total numbers working in UK farming just after the Second World War came to around 10% of the working population. Today the figure is less than 0.9%, which is a fall of around 99%. For other countries in Europe the equivalent figures are 20% at the end of the Second World War reducing to a current figure of around 2.8%. How much lower can we afford to go? Proposals now come with a heavy element of what we like to think will be beneficial environmental measures. There is no doubt that as we understand more about the science of what surrounds us, they are something that we have to try, but their history is fairly short and it will take some time to tell how many of them will turn out to be merely passing fads. We are still faced with an escalating world population and the need to double food production efficiently.