Shellfish Aquaculture

George Eustice Excerpts

Wednesday 15th March 2023 Westminster Hall

[Anthony Mangnall]

The Chair of the International Trade Committee is more than welcome to come as well. On the basis of cross-party co-operation I am happy to invite the shadow Minister, the hon. Member for Cambridge (Daniel Zeichner), as well. However, this lunch, which is rapidly becoming more expensive for me, is conditional on addressing the problems facing the mighty Pacific oyster. For over 100 years, the Pacific oyster has existed in our coastal waters. In fact, in the 1960s, to mitigate the inability to farm many native species in certain parts of the United Kingdom, the Government reintroduced Pacific oysters to help expand and cultivate the aquaculture sector, so that we could grow a proper aquaculture industry.

The lack of clarity around the status of the Pacific oyster has held back the ability to farm it and benefit from its presence in our waters. The Department for Environment, Food and Rural Affairs has been absolutely clear in correspondence to me and the chairman of the shellfish aquaculture all-party group, my hon. Friend the Member for Barrow and Furness (Simon Fell), that there is no doubt that Pacific oysters are a non-native species. We do not disagree with that point. However, given the prevalence of Pacific oysters, and the almost indisputable presumption that we will not be able to rid them from our waters, it is surely time for DEFRA to recognise that the Pacific oyster has become naturalised to the UK environment.

It is worth pointing out, but I am happy to be corrected on this, that in the guidance on section 14 of the Wildlife and Countryside Act 1981, paragraph 18 states:

“A species would be considered to be ‘in a wild state’ where the population lives and fends for itself in the wild.”

If we were not farming them, those Pacific oysters would continue to exist in our waterways. Why not take advantage of what we have?

As the Minister knows, DEFRA has moved positively for those farming Pacific oysters south of the 52nd parallel. However, for those north of the line of latitude, the future looks desperate if not deathly. One only needs to consider the issues with Lindisfarne Oysters, which has been restricted from expanding by Natural England. North or south, east or west, the future of the industry is still in jeopardy because we are failing to be clear about the status of Pacific oysters in our waters.

The knock-on impact of the issue is that shoreline owners stop supporting the sector. I will give the very specific example of the Duchy of Cornwall, which has decided to phase out all Pacific oyster farms over the next two to three years on sites where they exist. It says the reason is that Pacific oysters remain classified as non-native and invasive. That decision alone will close three to four businesses in my constituency, and impact hundreds more across the country. It will also provide an example for other shoreline owners.

To compound the problem, Natural England has already issued advice to Natura 2000 sites, saying that it believes that,

“there should be no new pacific oyster farms and no expansion of existing ones should be allowed”.

Stopping the farming of Pacific oysters will not reduce or eradicate their presence in our waters, so why are we not taking advantage of the chance to build up the sector? To use comparative figures, the UK produces in the region of 3,000 tonnes of oysters while France produces 145,000—95% of which are Pacific oysters.

An hon. Lady from Cornwall—whose constituency I have totally forgotten—cannot be here but would make the point that in parts of Cornwall they do not want Pacific oysters to be introduced. It is important to put on record that the oyster farmers of Cornwall take a different approach.

[George Eustice (Camborne and Redruth) (Con)]

As a neighbouring MP to Truro and Falmouth, which is the constituency my hon. Friend was seeking, I know that there is a wild native oyster fishery in that area. When it comes to the Pacific oyster, my understanding from my dealings while I was Secretary of State and Minister in this area is that there is an acceptance of triploid oysters, which are sterile and thus less likely to spread and have an impact. Is my hon. Friend aware that his constituents and businesses could use triploid oysters?

[Anthony Mangnall]

I am, and I am also particularly grateful for the work my right hon. Friend did during his time as Secretary of State for DEFRA. I thank him for reminding me about the constituency of my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory), and for putting on the record what his oyster community is talking about.

My right hon. Friend is absolutely right, but in parts of south Devon triploids do not work as well as Pacific oysters, and farmers there have a tried and tested method. That is where we have to be careful about the language we use. At the moment the language used by DEFRA is holding back the sector. It is not about saying that Pacific oysters are right for everywhere, but recognising that, where they already exist, there is a chance for us to create a community and an industry that could grow, develop and rival the size of France’s industry.

We are at odds with European countries, many of which have long since stopped trying to eradicate Pacific oysters and have accepted that they are fully resident and compatible. To avoid choking the industry out of existence, we need to look at how we can support and grow the Pacific oyster sector. That can be achieved in three rather quick ways.

The first is to create a new national policy that takes a realistic, pragmatic and holistic approach to the species and the benefits it can bring not just to biodiversity, but through a social and economic impact on coastal communities. We must question, even push back, against the all-too-often precautionary approach of Natural England. DEFRA, through the Minister, should use this new era—dawn, start, beginning, whatever we want to call it—to create an environment that returns the sector to its previous size, and to develop it.

Pacific oysters are only part of the aquaculture jigsaw. The export of live bivalve molluscs is also of the utmost importance. The changing relationship with the European Union has meant that the export of shellfish from class B waters has become far more complicated. Before we go into the weeds on that, I want to pay tribute to the Food Standards Agency for its work and co-operation with the sector in helping to prioritise and implement improvements to UK classification protocols. Since 2021, in England and Wales, class A areas of water have increased from 26 to 40, and seasonal class areas from 19 to 27. That is a significant improvement that should be welcomed.

I want to put on record my thanks to the Food Standards Agency, which has done so much to co-operate and engage with the APPG and my shellfish community, but significant improvement does not mean job done. Our attention must be directed towards creating stability and as much certainty as possible. Within the trade and co-operation agreement there are 18 specialised committees. Two of those, on sanitary and phytosanitary measures and on fisheries, are the conduit—the mechanism—for both sides to address grievances and technical issues, as well as to find solutions and harness improved trade and agreement between parties.

However, like most EU structures, they can be cumbersome and bureaucratic. The SC on fisheries has met only five times since 2020, and the committee on sanitary and phytosanitary measures has met only twice. Progress through those committees can be sped up. I politely ask the Minister to put his weight behind that request, and to raise the matter with his EU counterparts. Resolving trade frictions can be achieved through expedited measures. Although the SCs are a valuable avenue, they are by no means the only route to take.

Sort out the trade flows and we can reach new markets, and grow our oyster, mussel, scallop and clam markets far beyond their current levels. Engagement with our friends and neighbours can be only part of the strategy. We also need to look closer to home for what we can do. As already mentioned, the changing relationship with our neighbours has had an impact on trade flows, but our domestic legislation plays a significant role in holding back the growth of the sector, particularly the classification of harvesting waters.

The Minister will be aware of the Seafish report, “Review of the application of the Official Control Regulations for shellfish production as they relate to microbial contamination”. Once we are past that rather tricky title, it is a fascinating report comparing UK and European standards. The purpose of the report was to review the

“application of official controls across different EU member states and to identify the areas of deviation and flexibility that may exist.”

Bearing in mind that the United Kingdom wrote the rules when we were in the European Union, it should be a cause of concern to see other countries take a more flexible and agile approach to those rules. The report goes into forensic detail. In a response to a letter from me and my hon. Friend the Member for Barrow and Furness, the Food Standards Agency said, in relation to that Seafish report, that it had

“prioritised working on improvements based on several proposals from the report such as: application of different tasting methods for classification results; use of industry sampling as part of official sampling records; reviewing the timeframe for reopening sites after high results; reviewing the relationship between investigative sampling results and the classification record.”

What correspondence has the Minister had with the FSA about the Seafish report? Is he able to share that with the House or put it in the House of Commons Library? Is there an update on the FSA’s progress on those points? It is fantastically good to hear that it is willing to look at the report and act on the recommendations, but we need an update, because many businesses have been waiting far too long.

All businesses in the sector—and all businesses generally—need certainty and stability. The comparisons and recommendations put forward by Seafish would go a long way to creating an environment of stability, thereby attracting investment and opportunities for the sector. The four proposals would not put us out of line or in contention with other countries in Europe. Indeed, they might see us become more aligned with many of their practices. Given that we now sit outside the EU and can act on a unilateral basis, I ask the Minister to push through the proposals as quickly as possible. Implementing the measures will not put at risk our harvest or humans consuming live bivalve molluscs, but will at least make the sector more flexible and able to respond to circumstances that are often beyond its control.

While changing the regulation and testing methodology can help, there is no substitute for simply improving our water quality. Despite some Opposition mischief and misdirection, I am hugely proud to have voted in support of the Government’s landmark policies to help clean up our rivers and coastal waters. Our Victorian-era network is creaking under ever more pressure from development and age, but our new laws have pushed water companies to invest a further £56 billion over the next 27 years and have set actionable targets that are punishable with hefty fines if not met. Those measures, without raising the costs on households, are set to bring our water network up to speed and ensure that waste water and sewage management plans are adhered to and delivered so that the public can have faith in our water companies to do what is right.

Through not just the Environment Act 2021 but the Agriculture Act 2020 and environmental land management schemes, we can help change habits to improve the quality of our waterways. If we bring farmers and fishermen together, they can help one another understand how what happens on land can have a huge impact on water quality far off the coast, impacting many aquaculture farms. Joining land and sea-based businesses in common cause and understanding will help improve biodiversity and protect our landscape and seascape for future generations.

I have several businesses in Totnes and south Devon in the aquaculture space, but the reality is I should have hundreds more. Perhaps the most effective case study is Offshore Shellfish—the largest mussel farm in the UK and, soon, Europe. Based out of Brixham and operating in Lyme Bay, it is an extraordinary success, despite immeasurable challenging circumstances facing the sector. In succeeding, it demonstrates just how much potential there is in the aquaculture sector. Offshore Shellfish has pioneered blue offshore food production and, in doing so, has been recognised internationally as being technically, scientifically and commercially 10 years ahead of any competitor in Europe. Indeed, it has already been contacted by the Dutch, the French, the Germans and the Irish to run trials and pilot schemes, showing just how viable and brilliant its model is and how brilliant British innovation in the sector can be. However, to attract long-term investors, the Holmyard family, who run that extraordinary company, need to be able to reassure investors about stable access to markets, strong and comparable testing regimes, good trade flows and clean waters.

My asks are perfectly simple. They are those of the APPG for shellfish aquaculture, so they are not new, but they come with a warning: failure to act now will condemn the sector. The Minister has the powers, ability and understanding to make the necessary changes. At the end of this not quite Chancellor-esque lengthy speech, I hope he will take the opportunity to take advantage of our new-found freedoms, use the agility of not having to consult 27 other countries and change our rules and regulations to unlock the huge potential of the sector. If he does, not only will he be a champion of the aquaculture sector—I know flattery gets you everywhere in this place—but he will effectively and meaningfully go a long way to help coastal communities level up, without having to use Government resources. The potential is there. The opportunity is there. I know how hard the Minister works on the issue, so I look forward to working with him.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

Thank you for calling me, Ms Elliott. I am pleased to be able briefly to highlight a few issues. I congratulate the hon. Member for Totnes (Anthony Mangnall) on his knowledgeable contribution. His delivery was almost as rapid as mine—although his abbreviations are much easier to understand. I thank him very much. I found out only this morning that the debate had changed, but when I saw it was on shellfish, I recognised right away—representing Strangford, as I do—that I could make a contribution on the subject.

DEFRA’s figures indicate that wee Northern Ireland, as I call it, produced more oysters than even England did in 2020, so it is important that we have an input in this debate. It is clear that this is yet another UK-wide fishing industry that needs improvement to balance the key goals of conservation and production.

Of course, the Minister knows that fishing and shellfish aquaculture is a devolved matter, but in Strangford we have a very active, thriving and economically viable industry, with Cuan Oysters. We have had it for a number of years—I cannot remember not having it in Strangford lough, to be truthful. I recognise the work that it does, the contribution it makes to the economy and the jobs that it creates.

I understand that the Department feels that it is inappropriate to develop a policy for a non-native species. However, I agree with the Shellfish Association of Great Britain, to which the hon. Member for Totnes referred, that Pacific oysters are not harmful, that they in fact increase biodiversity and that they can benefit native oyster populations by acting as a settlement surface. Why should anyone want to change that? The hon. Gentleman was right in his request to the Minister to seek to have the position overturned.

Worldwide, oyster reefs are generally considered highly desirable habitats, and there are many projects under way to create or restore them. Whether native or non-native, the fact remains that all oysters are equally good for the environment; they clear waters of algae, remove carbon and nitrogen, and increase biodiversity. Again, why would we want to change that successful process? Indeed, oyster farmers control the accessible wild stocks in their areas, making use of the resource and reducing the visible population. There is a strong argument to be made that, if we continue to restrict the UK industry, it will not stop the spread of Pacific oysters.

The popularity of Pacific oysters is growing in the UK, as evidenced by the demand for them, and that cannot be ignored. There are areas where oyster festivals attract tourism and economic growth. Many things come off the back of what the hon. Member for Totnes said. I agree with the APPG that we need a national policy that is realistic and pragmatic and that takes a holistic approach to the species. We need a better understanding of what is before us.

Another issue that I wish briefly to touch on is—this will not surprise anybody—the dreaded EU bureaucracy. My goodness! We never get away from it, do we? I know that we do not in Northern Ireland—I will not get into the Northern Ireland thing at the minute; that is a matter for the future. It is necessary to purify shellfish after harvesting in UK waters, as many of the waters around our coast are not deemed clean enough for shellfish to be consumed directly after harvesting. However, following Brexit, the EU will only accept shellfish that are already safe to eat, so the UK industry can no longer export produce for purification, even though the waters are the same.

I cannot understand what the difference is. It is a bit like it was for us in Northern Ireland when the EU said that we could not bring in plants and seeds, when the soil was the same on 31 December as it was 24 hours later. That policy has meant a dramatic fall in shellfish exports, with many businesses unable to operate at all.

[George Eustice]

The hon. Gentleman makes a very important point. The EU reversed its earlier position when it came to the export of depurated live bivalve molluscs, which is really quite outrageous. It told the Government, in the latter part of 2020, that that trade could continue and that it would just draft a new certificate, and then it just changed its position, inexplicably, in February.

[Jim Shannon]

I thank the right hon. Gentleman for his intervention; as always, he brings knowledge to the debate. That is part of the debate, and it is part of the evidence base that backs up the very point that the hon. Member for Totnes and others are making.

As with so many issues, that barrier to trade is not logical, but then when did anything logical come out of the EU? I say that maybe a wee bit cynically, Ms Elliott. There may be a few others here who agree, and there may be some who would say, “No, that’s not entirely correct.”

--- Later in debate ---

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

It is a pleasure to serve under your chairmanship, Ms Elliott. We have had a wide-ranging debate, from Brexit to car tyres to pop stars. I fear that I cannot compete with some of the connections my colleagues have in that sector, although I have to put on record my connections to both Michael Jackson and George Michael, which go right back to the 1980s, when I first bought their records. I congratulate my hon. Friend the Member for Totnes (Anthony Mangnall) on securing the debate. His efforts and those of other members of the APPG for shellfish aquaculture are very much appreciated, and I thank all those who have made valuable contributions to the debate.

Aquaculture is a vital part of the United Kingdom’s seafood industry, and shellfish aquaculture in particular holds an important place in our coastal communities. It supports local economies and provides sustainable, healthy, low-carbon food. The Government support the sustainable, industry-led growth of shellfish aquaculture. However, as Members have noted, there are challenges facing the sector.

Let me start by looking at export issues. The Government continue to challenge the restrictions imposed by the European Union on the import of live bivalve molluscs. It is my belief that the EU’s decision only to import live bivalve molluscs that are already fit for human consumption is unjustified. It does not align with the terms of the trade and co-operation agreement. DEFRA continues to push the EU on this issue. We do not expect the EU to change its position any time soon, but we will continue to push it as robustly as we can.

[George Eustice]

My recollection is that the EU basically used an animal health certificate and just changed the wording to preclude live bivalve molluscs, so it probably does not require a legal change from the EU; it simply needs the EU to draft a particular type of export health certificate that would accommodate live bivalve molluscs. Given that there has been a slight thawing in relations with the EU following the discussions on Northern Ireland, does the Minister think this is something the chief veterinary officer could broach again?

[Mark Spencer]

I am grateful to my right hon. Friend for all the work he did as Secretary of State. I do not want to over-promise—I would rather over-deliver—but I recognise what he says about the changing relationship with the EU. Now that we have resolved the challenges with Northern Ireland, we are into a new phase of co-operation and working with our friends in the EU, and I hope we can continue to raise the matter with them and find a suitable conclusion that will help businesses up and down our coastline to export great-quality products to the EU as soon as possible.