Exiting the European Union (Agriculture)

Justin Madders Excerpts

Tuesday 10th November 2020 Commons Chamber

[Justin Madders (Ellesmere Port and Neston) (Lab)]

I thank the Minister for his brief but informative introduction —I would like to say it was entertaining, but that might be pushing the boat out a bit, because it is a very technical piece of legislation, as he outlined. The instrument is primarily being made to reflect the Northern Ireland protocol in the field of food safety and hygiene.

As we know, the instrument amends or revokes 16 of the 17 EU exit statutory instruments that were hurried through in the weeks ahead of the original 29 March 2019 Brexit deadline. As the Minister said, the intention is to avoid disruption to food controls, which is critical for the approximately 220,000 businesses active in the agrifood sector. As such, we will not be opposing the regulations today. We have a number of questions, however, because we have been clear that any future changes to regulatory controls after the UK leaves the EU should provide at least the same, or even an improved, level of consumer protection. That applies to food hygiene and safety standards as much as anything else.

As the Minister briefly outlined, there was a public consultation. The explanatory memorandum sets out that that was completed by the Food Standards Agency in respect of the amendments made to this instrument, which is welcome. I note, however, that the initial consultation, which was carried out in September and October 2018, received 50 responses from interested parties across a wide range of sectors. The consultation that we are talking about today, which was carried out in August and September of this year, received only seven responses. That is a concerning drop-off, even though many other issues have clearly been occupying people’s attention this year. Will he confirm that the recent consultation was as widely publicised and drawn to the attention of stakeholders as the previous one? Does he have a view on why there was such a drop-off in responses?

Although we can view the consultation document itself, a summary of the responses has not yet been published, so is not available for proper scrutiny. That is especially concerning as the explanatory memorandum states that 29% of replies had “mixed comments” and that further analysis of them will be undertaken. The phrase “mixed comments” could, of course, be classic civil service speak for major concerns being flagged, or equally, those concerns could have been addressed in the regulations. We do not know because we have not seen them. Although 29% amounts to only two responses in this consultation, that does not make them any less valid, given the small number of responses that we had.

The Minister knows that I am keen on transparency and full disclosure, so I hope that he will be able to shed some light on the nature of those mixed comments, the concerns that were raised, and what further analysis of the instrument was undertaken following that response. Given the low level of response, I wonder whether he can be confident that the consultation process was sufficiently robust.

Will the Minister update us on the progress of the provisional framework on food and feed safety and hygiene that will create a joint risk analysis process across the UK from the end of the transition period? I note that the chief executive of the Food Standards Agency gave a written response to some questions raised by the Common Frameworks Scrutiny Committee last week, which indicated that the provisional framework will continue to be reviewed into early December.

As that is a matter of public safety, it is imperative that any changes are communicated clearly and in a timely manner to ensure that the industry can remain in line with current legislation. Can the Minister assure us that it will be possible to do that within those timescales? What assessment has been undertaken of the readiness and capability of the FSA and Food Standards Scotland to take on those responsibilities from day one?

Finally, the explanatory memorandum states that guidance is not required for this instrument as it generally maintains existing regulations and does not introduce new requirements. Given that this regulation was spread across 17 instruments previously, it presumably covered 17 different sets of guidelines. This concern was raised by the Local Government Association in the initial consultation, which suggested that the FSA or other organisations, such as relevant professional bodies, may wish to consider how clear guidance and assurance for councils on the new regulations could be provided.

The Proprietary Association of Great Britain has also expressed concerns about the FSA’s assertion that there would only be minimal, one-off familiarisation costs to local authorities and port health authorities, stating that cuts to local authority funding are such that some authorities do not have any full-time food and feed officers and that the time required for officers to read and understand the proposed regulations will impact on the already limited time that trading standards, environmental health and port health authority officers have to undertake enforcement activity. We know local authorities are already under intense pressure due to the covid-19 response, so will the Minister confirm whether he has spoken with colleagues in the Ministry of Housing, Communities and Local Government about whether councils do have sufficient capacity to carry out their duties in this important area? On that note, I will end my speech.