Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020

Lord Bourne of Aberystwyth Excerpts

Tuesday 1st December 2020 Grand Committee

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, I thank my noble friend the Minister for setting out the regulations so clearly. As she says, they are technical in nature. Their purpose, as I understand it, is essentially twofold. The first is to provide in regard to a range of food and feed hygiene regulations for the implementation of the Northern Ireland protocol, which I understand and support, and to address a range of deficiencies in retained EU law in this area. The second purpose is largely to take account, as my noble friend said, of changes made in the law after withdrawal from the EU and during the implementation period.

I have some general comments to make and a few questions to ask, rather than raising a specific issue on any of the deficiencies which the regulations seek to address. I am conscious that the noble Lord, Lord Rooker, is speaking in the debate. He will doubtless have some telling points to make about areas where he certainly knows a thing or two.

I have two questions, if I may, on the implementation of the Northern Ireland protocol. The first relates to future divergence, which I assume is to happen at some stage. What is anticipated for our future law in this area and, if we diverge, what frictional pressure points will arise as a result of Northern Ireland continuing to follow the EU position while Great Britain ploughs its own furrow, if I may risk mixing the metaphor?

My second question relates to the protocol and paragraph 7.8 of the Explanatory Memorandum, on allowing

“the words ‘United Kingdom’ or the abbreviation ‘UK’ to be used on health and identification marks.

It also allows, according to the memorandum, for a continuation of the abbreviation “GB” as this is the International Organization for Standardization’s two-letter code for the United Kingdom—so “GB” and “UK” are to be used for the United Kingdom. This might appear curious and quaint and would perhaps not be a serious issue if Northern Ireland were going to be treated like the rest of the United Kingdom, but it is not. I understand why and, as I said, support that but it is a recipe for confusion if labelling is to be used in this way. It means that “UK” can be used for England, Wales and Scotland and “GB” can be used for the United Kingdom, while Northern Ireland, as a part of the United Kingdom, is to be treated as if it were a part of the EU. It smacks very much of one of those brilliantly funny episodes of “Yes, Minister”, but I suggest that it could cause confusion here. Is the Minister able to unravel this confusion a little?

I have further questions about the consultation, or should I say consultations, conducted in relation to these regulations and the impact statement—I do not think that it is an impact assessment—in the Explanatory Memorandum. I think my noble friend referred to the consultations. To the first consultation, which was made between 4 September and 14 October 2018, there were 50 responses. It is noted in the Explanatory Memorandum that 82% either

“supported or did not disagree with the … approach”.

I wonder if we can break that down a little, because there seems to be a very real difference between supporting and not disagreeing. In the second consultation, conducted more recently, between 20 August and 16 September this year, there were far fewer responses—only seven—but 71% supported it. It does not suggest that they “supported or did not disagree”. The approach in the latter consultation seems far more sensible, as it says how many people supported it and what percentage they were.

The memorandum went on to say that 29% of replies to the second consultation—the balance of them—“had mixed comments”, but there is no further elucidation of what they were. Presumably, those mixed comments involve some criticisms, if those people are not supporting the regulations for some reason or another. I wonder what those mixed comments are and I would be grateful if my noble friend could clear up some doubt on those points.

With regard to the impact statement, it is suggested that the impact on 200,000-plus agri-food businesses is that it will take each one an hour to read, digest and disseminate the information. I would suggest that that stretches credulity a little; there is far more meat in these regulations than an hour’s work. Does my noble friend have any comment on that, as it would seem to be greater than that? It also talks about the impact of familiarisation on the 419 local authorities and 22 port authorities affected. It does not say how minimal that impact is, unlike in relation to agri-food businesses. Has any assessment been made of the impact it will have on our local authorities and port authorities? I would be grateful if my noble friend could cast aside some doubt on that.

I do welcome the regulations in a couple of respects. The 21-month buffer period for the use of labels seems a common-sense approach. I also very much welcome the involvement of the devolved authorities. I hope that that approach will be followed in other regulations and orders where it has a considerable impact. That is a fundamental concern of the devolved Administrations, and I am relieved and pleased to note their involvement. With that, noting the concerns I have raised, I certainly support the regulations.