Plant Health (Amendment) (England) (EU Exit) Regulations 2019

Lord Deben Excerpts

Monday 25th March 2019 Grand Committee

[Lord Gardiner of Kimble]

My Lords, I thank all noble Baronesses who have contributed to this debate. I suspect that we are united in every particular of the essentials. I stress again that as the Minister with biosecurity in his remit, I could not place a higher importance on keeping our country safe from pests, disease and invasive non-native species, all of which cause immense damage to our natural ecosystems.

As a farmer in the Vale of Aylesbury I was very scarred myself, as a boy, by the loss of all the elm trees on the farm. Now, having planted ash trees over the years and seeing them depleted, no one could be unhappier about that situation. However, in 2012, when it materialised that all sorts of extraordinary things were happening, whereby ash seeds—I think it was even small saplings as well—were going to other parts of the EU to come back and bring Chalara with them, that precipitated a change in Defra and an understanding that, while animal health had rightly been given a very considerable priority, plant health needed to buck up and become as rigorous and as sharp. I could mention many names, but the appointment of the chief plant health officer, Professor Nicola Spence, was one repercussion of an understanding that we needed to do a lot better.

On the issue of bonding and sealed, or whatever word may be used, I say to the noble Baroness, Lady Young, that I was absolutely clear in the early stages of this situation that I too wanted reassurances. I am well aware that pests may arrive at a port and we may find them going all around the country because we have done something utterly stupid. I was assured, and I will go into further detail on the assessments, about why this was a sound and sensible thing for us to do.

I will go through the points in no particular order. My noble friend Lady Byford asked about existing fees and any changes. Existing fees will apply to these import inspections at inland premises, so we will follow the existing fee arrangements.

The noble Baroness, Lady Parminter, asked about the estimated number of consignments and inspections. I want to be clear that by inspection we would mean physical inspection of a consignment of plant material, rather than simply checks of the documents associated with it. In a no-deal scenario the majority of plants and plant products imported from the EU, including fruit, vegetables and cut flowers, will continue to enter the UK freely without physical inspections, as currently. Those goods managed under the EU plant passport regime, such as certain species for planting and shrubs, will require an internationally recognised phytosanitary certificate. There will be no physical inspection of the goods at the border, although our risk-based inland surveillance system will continue. A documentary and identity check will take place remotely, without requiring that goods are stopped either at the border or inland awaiting checks. The importer will be required to pre-notify the Animal and Plant Health Agency about details of a consignment of regulated plant material. At this stage we are, in a sense, keeping what we have for certain regulated plants from within the EU—in other words, the phytosanitary certificate.

The important area—if the Committee does not mind my setting this out, because it is terribly important to establish the sequence—is that material originating in third countries that enters the UK via the EU without being checked in the EU will require a physical inspection in the UK, in the same way as we currently physically inspect material coming directly from third countries. So whether or not the material enters the UK at the ro-ro ports, we will inspect the goods at trade premises inland that have been authorised in line with biosecurity requirements. At this stage we do not have data on the current number of plants and plant products entering the UK from third countries via the EU which will require an inspection, but we estimate that there will be around 14,500 consignments per year.

My noble friend Lady Byford asked about the location of inland premises. They are located across the United Kingdom. We do not have to hand the exact locations of the 33 premises currently being organised but I can provide that information in due course. I should say, and this issue arose in another connection, that a lot of the current facilities are around Heathrow because obviously a lot of the plants from third countries come in there. I know that there have previously been considerations about the fact that it is London-centric; that is because often the bulk of plant material from third countries has come in that way. I have been to the excellent inspection unit alongside Heathrow, where so much of the biosecurity protection takes place with imports directly from third countries.

My noble friend and the noble Baroness, Lady Young, asked about the costs. It is the Government’s policy to charge fees for many publicly-provided goods and services. The standard approach is to set fees to recover the full cost of service delivery. This relieves the general taxpayer of the costs so that they are properly borne by users who benefit from the service. Charging for plant health services is consistent with the principle that businesses using these services should bear the cost. The costs incurred in any 12-month period are recovered by fees levied in the following 12 months. For example, fees for 2019-20 will be based on the costs incurred in providing services for the period from April 2018 to March 2019.

My noble friend Lady Byford and, I think, the noble Baroness, Lady Parminter, raised transporting, moving inland and the biosecurity risk. As I have said, experts both from the APHA and within Defra have made it clear that in their assessment, under the containerised, sealed and bonded arrangements, these materials will be secure until they are inspected.

The noble Baroness, Lady Parminter, asked about the volume of the imports from the EU that would be subject to the new process. We estimate that around 0.75 million tonnes of regulated plant products from the EU, out of around 7 million tonnes of total annual imports, will require a phytosanitary certificate. On the question that she also raised on concerns about blockages at points of entry, we are seeking to do this because the paramount concern is that we keep the country biosecure. Clearly, though, where inland premises have been inspected and are both suitable to the inspectors and secure, we have been advised that there is no biosecurity risk from that.

I want to respond to another point raised by the noble Baroness, Lady Parminter. She asked about the dangers of spreading pests. It is clear that we must ensure that that does not happen; that is the whole point of our carrying on with the EU system of requiring pre-notification with phytosanitary certificates for certain EU plant products. That is an important pre-notification system to enable APHA to be aware of arrivals. Moreover, part of the regime is that random checks are made of plant materials. We place the greatest importance on this area.

My noble friend Lady McIntosh asked about the risks. She talked about ash dieback; the outbreak has precipitated an enormous amount of research—here I am moving away slightly from the statutory instrument before us. Research now being undertaken into tree health is remarkable for both its public and private funding, through universities. The John Innes Centre has undertaken research into the genome of the ash tree which gives us hope that perhaps 15% to 20% of the trees may have some tolerance. We can ensure the future of the ash tree from them. This is an important area and we will work with evidence to develop a risk-based, proportionate approach to plant health measures.

In the past we have introduced precautionary national measures to protect the UK against threats. For example, the UK produced stronger national legislation against xylella in response to the situation elsewhere in the EU. We have also introduced national legislation to protect against oak processionary moth. In fact, during my early months in this post I am afraid that I made myself unpopular with our very nice Spanish friends when dealing with the Epitrix potato pest by requiring further washing because we were concerned about the arrival of unwashed new potatoes at certain times. Moreover, of course we will work with the devolved Administrations to ensure there is protection across the United Kingdom.

I turn to the question of Northern Ireland. As we have discussed in a number of debates, the island of Ireland is an epidemiological entity for obvious reasons. In fact, when we looked at aquaculture, we found that there are fewer fish pests in the island of Ireland than there are in Great Britain. It is terribly important that the all-Ireland concept is seen in that context because pests and diseases are not respecters of borders. It is intended that a similar SI will be made for Northern Ireland. The specific legislation will align with our own legislation to ensure a consistent approach to plant health. It will be laid before day one.

[Lord Deben (Con)]

Can my noble friend explain how we will keep that legislation in line with what happens in the south?

[Lord Gardiner of Kimble]

As I said to my noble friend, the whole point in raising the single entity is that is why it is so important that there is close co-operation. If my noble friend had seen our earlier consideration of Northern Ireland matters, he would have heard about the very strong relationship between bodies in the north and the south on almost the whole of the natural ecosystem area. That is tremendously important.

My noble friend Lady McIntosh asked about changes to the list of regulated pests. A plant health risk register is publicly available and I am afraid to say that currently we have 1,000 pests recorded on it. That somewhat bears out what the noble Baroness, Lady Young, said. I have regular meetings with Grown in Britain, and which side of the argument on the European Union one might be on is, frankly, irrelevant. We need to be more biosecure within the United Kingdom. We all need to be more biosecure around the world because our laxity in these matters has already caused enormous problems around the world and we need to attend to it.