Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019

Lord Adonis Excerpts

Tuesday 22nd January 2019 Lords Chamber

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

My Lords, this instrument will ensure that legislation preventing and managing the introduction and spread of invasive non-native species will continue to function when the UK has left the EU. The cost of threats from invasive species has been estimated at around £1.8 billion per annum. Since 2008, a GB-wide strategy has been in place to deliver action to address the threats posed by these species.

The instrument is being introduced under the correcting powers set out in Section 8 of the European Union (Withdrawal) Act 2018. Principally, it makes amendments to the directly applicable EU regulation on invasive non-native species to address technical operability issues as a consequence of EU exit. This statutory instrument applies to England, Wales and Northern Ireland. It also extends to Scotland in respect of imports and exports, and to the offshore marine area. Devolved Administrations were closely engaged in developing this statutory instrument.

The instrument maintains existing safeguards. It does not create new or change existing policy. It does not therefore put any new or greater administrative or economic burdens on business or other stakeholders. While there was no statutory requirement to consult publicly on this instrument, officials have held informal discussions with key stakeholders from different sectors in the development of the statutory instrument. Stakeholders had the opportunity to view the instrument before it was laid in Parliament and did not raise any concerns.

Some of the amendments made by this instrument are purely textual: for example, removing references in the EU legislation to the UK as an EU member state. Others make devolved Ministers responsible for a range of measures necessary to operate the existing system, such as the obligations to establish action plans or to undertake official controls.

The instrument also makes a small amendment to Section 11 of the Destructive Imported Animals Act 1932. This amendment ensures we treat EU member states in the same way as other countries with regard to the restrictions on imports of species to which this Act applies. The existing EU list of species which currently prevents and manages the spread and introduction of invasive species will continue to apply across all parts of the UK on exit day. In England, Wales and Northern Ireland, this EU list will become the list of species of special concern.

We will retain the requirement to review this list at least every six years. Any change to the list will be informed by robust scientific advice provided by the UK replacement for the Commission’s scientific forum, and the underpinning risk analysis will be based on the same criteria and principles set out in the EU regulation. A decision to amend the list can only be made by the Secretary of State by regulation with the consent of the Ministers in the other parts of the UK.

The instrument also retains the obligation for Ministers to be supported by a committee and to be advised by a scientific forum. We intend to draw on the extensive knowledge and experience of the existing programme board on non-native species to support Ministers and the non-native risk analysis panel to provide scientific advice. These GB bodies will be extended to include Northern Ireland. The UK has significant expertise in invasive non-native species—including in the area of risk analysis, in which we are among the leaders in Europe. The non-native risk analysis panel will continue to draw on the expertise of highly respected scientists from the UK and overseas.

Invasive non-native species are no respecters of boundaries or borders. The UK is committed to ongoing co-operation with the EU member states and other countries after exit. This instrument retains the obligation under the EU regulation for Ministers to make every effort to ensure close co-ordination with other countries including, where appropriate, under regional and international agreements.

With regard to ensuring transparency and accountability of environmental performance, the instrument will require Ministers to report by June 2019, and every six years thereafter, on the implementation of the regulation as well as retain the duty to review and report by June 2021 on how the regulation has operated.

More broadly, of course, just before Christmas the Government published draft clauses on environmental principles and governance, to be included in an ambitious and broader environment Bill that is set for introduction next year. These clauses provide for the office for environmental protection—the OEP—as an independent, statutory environmental body. The OEP will provide independent scrutiny and advice and will hold government to account on the implementation of environmental law once we leave the EU, replacing the current oversight of the European Commission.

The Government were strongly supportive of the strict measures in the EU invasive alien species regulation when it came into force in 2015. These measures remain essential to tackle the significant threats that these species pose to our native plants and animals. This instrument will ensure operability so that the strict protections that are in place for these species are maintained when we leave the European Union. I beg to move.

[Lord Adonis (Lab)]

My Lords, the House is grateful to the Minister for his introduction. First, since this is his department, I will raise with him an issue I raised earlier about the Order Paper. On the original Order Paper for today’s business, published on 16 January, we were told that the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 and the Conservation (Natural Habitats, etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 would also be debated today, but then they mysteriously vanished from the Order Paper. I understand that there is some controversy surrounding those two regulations. Can the Minister tell us why they vanished and what has happened to them?

[Lord Gardiner of Kimble]

It is very straightforward to bat that away. They had not come out of the JCSI, and we thought that it was important that we had the benefit of the committee’s view. Of course, we will need to bring them forward for your Lordships’ scrutiny.

[Lord Adonis]

I see. Is the Minister saying that they had not completed the earlier sifting process?

[Lord Gardiner of Kimble]

My understanding is that they had not come out of the JCSI, and I think we would all find it helpful in our deliberations—I certainly have on these two matters—to hear what the scrutiny bodies of the House had come forward with on these instruments. It is therefore constructive that, wherever possible, we bring forward instruments which have gone through the scrutiny that we would all like.

[Lord Adonis]

My Lords, the Minister has made a good point, but that raises the issue as to why the regulations were put on the Order Paper at all if they had not gone through those processes. Some noble Lords had gone to the effort of preparing for today’s debates, thinking that they were coming forward. There seems to be a certain chaos in the proceedings in respect of these no-deal regulations. Every time we come to discuss them, some come on to the Order Paper at short notice, while others vanish from it. I assume that it was not unknown to the Government that they were going through this scrutiny process. Since we have many hundreds more of these regulations to come, to have some good order in how they are considered may be for the convenience of the House.

My only comment on the consultation—again, the House is concerned about who has been consulted and what advice they have given on the basis of the consultation—is that peculiar language is used in respect of it. We have another regulation today where the language is peculiar. Paragraph 10.1 in the Exploratory Memorandum on this regulation says:

“No formal public consultation has been undertaken”,


in respect of this order. But it continues:

“Policy officials have held limited informal discussions with key stakeholders from different sectors, including the Invasive Non-Native Species Working Group of Wildlife and Countryside Link”,


and then it lists other such organisations. Can the Minister tell the House what constitutes “limited informal discussions”? The words “limited” and “informal” are highly peculiar. Were they limited in the sense that only part of the regulations were disclosed to these august bodies, or limited in the sense that people were limited in what comments they were allowed to express in these consultations? In what respect were they “informal”? Does that mean that they were expected to keep these conversations secret, or that they were held in a pub? What does that word mean in this context?