Agriculture Bill (Eleventh sitting)

Kerry McCarthy Excerpts

Committee stage & Committee Debate: 11th sitting: House of Commons
Thursday 5th March 2020 Public Bill Committees

[Kerry McCarthy (Bristol East) (Lab)]

I rise to support everything that my hon. Friend the Member for Cambridge has said on new clause 1. I shall also speak to new clause 4, which was tabled by the hon. Member for North Dorset (Simon Hoare), with the support of many of his Conservative colleagues. At the moment, I am the only Labour Member whose name has been added to it, but I am sure that many others would join me on Report.

Some of us sat on the Committee that considered the first draft of the Agriculture Bill in the last Parliament. I was also on the Environmental Audit Committee and the Environment, Food and Rural Affairs Committee, as well as part of as various all-party parliamentary groups, and there were also debates on these matters in the Chamber and at oral questions. Ministers, including the then Secretary of State for the Department of Environment, Food and Rural Affairs, the Farming Minister and, at various points, the International Trade Secretary, gave us verbal reassurances.

There was a bit of a trajectory, because in the early days, we could get Ministers to say only that UK standards would be protected. Eventually, after lots of prompting on our part, some of them—although certainly not on the International Trade side—said that that also applied to imported goods. The Minister needs to reflect on why it is very clear, as my hon. Friend the Member for Cambridge said, that those assurances are not believed. The absolute fact of the situation is that everyone, from the NFU to environmental and consumer groups, wants those things enshrined in law, as do the Conservative Members who have signed the new clause.

The Minister has talked about including those assurances in a trade Bill, but when the Trade Bill was introduced to Parliament, we were fobbed off. We tried to get something in there, but were told that it applied only to current trade agreements and not to future ones, although some legal opinion said that it did. When we tried to discuss that during the passage of the European Union (Withdrawal) Bill and all the discussions about Brexit, we were told that it would pop up somewhere else. That game of musical chairs just does not wash with people. We want to see this measure in the Agriculture Bill because it specifically relates to food standards and animal welfare, as we have heard in detail.

I remember trying to bring the matter up during arguments about the Transatlantic Trade and Investment Partnership, way before Brexit. The then Member for Streatham, who was our shadow Business Secretary, made great play about the NHS being at risk under TTIP. When I started trying to talk to him about chickens, he looked at me as if to say, “What on earth is she on about now?” Now, the chickens have come home to roost—metaphorical chickens—and everyone knows about the issue, but nobody is convinced that the Government are willing to support preventive measures.

We spoke earlier about articles in the Daily Mail and The Guardian. I will quote a Guardian article from 6 March—hon. Members are probably ready to sneer at it—which said:

“Agriculture in the US remains quite backward in many respects. It retains a position of resisting more information on labels to limit consumer knowledge and engagement.”

The vested interests involved in the US food sector are absolutely immense, with huge lobbying efforts and huge amounts of disinformation and press work. The article continues:

“Its livestock sectors often suffer from poor husbandry, which leads to more prevalence of disease and a greater reliance on antibiotics”,

which we know is an issue.

“Whereas we have a ‘farm to fork’ approach to managing disease and contamination risk throughout the supply chain through good husbandry, the US is more inclined to simply treat contamination of its meat at the end with a chlorine or similar wash.”

The article continues:

“In the US, legislation on animal welfare is woefully deficient.”

That article was penned by the now Secretary of State at the Department for Environment, Food and Rural Affairs, during the brief hiatus after he left the Government in February 2019. He immediately turned to The Guardian to make known his views on just how worried he was about US animal welfare.

[Mr Goodwill]

Does the hon. Lady understand that the US actually consumes most of its own beef? Only about 13.5% of its beef is exported, mainly to Japan and the far east. There is not a great stockpile of American beef looking for a market, either in the UK or the EU.

[Kerry McCarthy]

I am not sure that that is particularly relevant. At the moment there is a ban on hormone-pumped beef entering our markets. The UK is the third biggest market in the world for food imports. It is clear that if the doors were open, there would be a potential market here and the US would be very keen to get into it. Most of the discussion on trade deals so far has not been about the beef sector anyway.

As my hon. Friend the Member for Cambridge has already said, at about the time that the now Secretary of State wrote that article, he also tabled what are now new clauses 33, 34 and 35 to the then Agriculture Bill. Why would he do that? He had made the arguments in public. He did a sterling job trying to defend the Government’s position during the first sitting of the Agriculture Bill. He came across as reasonably sincere, but the moment he had the freedom to say what he really thought, he went to the press and wrote an article in The Guardian outlining clearly and eloquently what his concerns were. He did not seek verbal reassurances from the Government; he sought legislative reassurances. So if it is good enough for the Secretary of State when he is allowed free rein to say what he feels, I am sure the Minister can understand why many of her colleagues on the Conservative Back Benches and Opposition Members also agree with him.

[Deidre Brock]

I agree with much of what the previous speakers have said. New clauses 1 and 4 are grand in their way and I will support them, but we have to go further. I want to see the standards of the EU maintained, but perhaps that is for a different debate. However, it is possible to write it into domestic law that imports have to match the sanitary and phytosanitary standards of the WTO.

The WTO agreement on the application of sanitary and phytosanitary measures is clear that science has to underpin the standards to protect human, animal or plant health. The agreement allows states to protect their food supplies and the imports of supporting products to the benefit of citizens. I know the argument will be that Ministers seek to protect citizens, but we do not know that that will always be the case. We should seek to ensure that citizens have the confidence to believe in this measure and in future Governments, and in the commitment to protecting foods and health. Citizens should also have the right to understand how Governments intend to do that and should have the ability to challenge them if necessary.

The SPS agreement allows standards to be set, so we should have them set. That would have allowed Ministers to assure the public that animal welfare and plant health would be maintained, and that imported food would be of a standard that we could rely on for health and the protection of life. As NFU Scotland recently pointed out, assurances around priorities in negotiations work only if the US upholds its side of the bargain. It stated:

“After all, there’s no point having a level playing field if the two sides are playing to different rules.”

I therefore support new clause 7.

[Victoria Prentis]

I thank hon. Members for tabling these new clauses. I genuinely appreciate the opportunity to talk once again about the importance of food standards. The hon. Member for Bristol East will never find me sneering at or questioning the importance of food standards. This is an important debate, and it is right that we have it here, and while considering other Bills, as we move to a new world where we have left the EU and hopefully have free trade agreements with many other countries.

I welcome the opportunity to reiterate the Government’s commitment to not lowering our standards as we negotiate new trade deals. The Prime Minister has consistently stated that we will not compromise our high environmental, food safety or animal welfare standards now that we have left the EU. We made that commitment in our manifesto, and my right hon. Friend the Secretary of State for International Trade reaffirmed that commitment to the House earlier this week in respect of a US trade deal.

[Kerry McCarthy]

rose—

[Victoria Prentis]

I will give way, but I have a long speech and a lot to cover.

--- Later in debate ---

[Kerry McCarthy]

I am sure the Minister does, but the problem is that I suspect I know what she will say. To cut to the chase, given that it would make everybody so much happier if that commitment was in the Bill, what is the reason for its not being?

[Victoria Prentis]

I will set out the Government’s position on that. The hon. Member for Cambridge was kind enough to say that I was an esteemed lawyer. I do not know whether that is true, but I am certainly a very experienced Government lawyer, and I gently say that the purpose of primary legislation is not about making people happy, although the purpose of the policy behind it might well be that. We come at this from the same place: we all like high standards in British agriculture and want to support our farmers. However, I will set out why the Government have come to this conclusion, which will take some time, I am afraid, and I will deal with the point made by the hon. Member for Bristol East.

To deal with the point made by the hon. Member for Bristol West, we are retaining existing UK legislation, and at the end of the transition period, the European Union (Withdrawal) Act 2018 will convert on to the UK statute book all EU food safety, animal welfare and environmental standards. That will ensure that our high standards, including import requirements, continue to apply.

The hon. Member for Cambridge said I was an esteemed lawyer—who knows?—and also that he was waiting for a letter from the Department. I am certainly an experienced enough lawyer not to wish to interfere in that process. If a letter is being drafted, I will make sure to look at it. However, he asked specifically about hormone-treated beef and washed chicken. I will give him the directives and the way they are transposed into British law as I see it. The top line is that all EU law on food safety standards was carried over by the 2018 Act.

EU Council directive 96/22/EC, as amended, which bans the import and production of hormone-treated beef, was transposed into UK law through national legislation. It is found in various regulations, including the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015; Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019; and the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016. I will write to the hon. Gentleman on that, because I do not expect him to take a note of all those, or the Secretary of State will write to the shadow Secretary of State. I do not want to interfere in that letter-writing process.

On the washing of poultry, European Union controls on the surface decontamination of poultry—regulation 853 /2004—will be retained through the 2018 Act, and have been made ready to be carried over into UK law immediately after the transition period through the Specific Food Hygiene (Regulation (EC) No. 853/2004) (Amendment) (EU Exit) Regulations 2019, which will maintain the status quo that no product other than drinking water is currently approved in the EU to decontaminate poultry carcases. That will remain the same in the UK. I will write to the hon. Gentleman properly about that, so that he has the details. It is complicated, as he says.

The regulations I have mentioned include artificial growth hormones for domestic production and imported products, and we would require legislation to change those regulations. Both hormone-treated beef and washing of poultry are covered. The Government have said that any future deals must respect our regulatory autonomy, which means that we will not sign agreements that threaten our ability to set our own high standards, of which we are proud. Our standards are driven by consumer and retailer demand and frequently go above current regulatory standards; most of us would welcome that. The Agriculture Bill will help to ensure that we continue to maintain those high standards in line with the needs of our farmers, retailers and consumers.