Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Monday 7th October 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the Regulations laid before the House on 5 September be approved.

Relevant documents: 56th and 61st Reports from the Secondary Legislation Scrutiny Committee

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

My Lords, both statutory instruments before your Lordships serve three purposes. They make a number of technical operability changes to existing instruments to ensure that retained EU law continues to operate effectively after the UK leaves; they ensure that our statute book is closely aligned with the EU to support our application for third-country listing for live animals and animal products; and they make minor corrections to earlier EU exit SIs. These technical amendments will have no effect on existing policy, and bring over only those powers that already reside with the European Commission.

Both SIs were made under the urgent, made-affirmative procedure. This is because both instruments support the UK’s application to the EU Commission for third-country listed status for animal and public health purposes for consideration at a meeting due to take place this Friday, 11 October. While we are working hard to secure a deal with the EU, we should prepare for all scenarios—including, for instance, that the EU will not accept a request for an extension.

The European Commission considered the UK’s third-country listing application at a meeting of the relevant committee, SCoPAFF, on 9 April, based on the relevant animal health legislation in place on that date. The United Kingdom was able to assure the Commission that all relevant legislation had been made, and member states voted unanimously to list the UK as a third country. Following the Article 50 extension, another vote is due to be held this Friday. To ensure that we are fully prepared for this listing, both these SIs must already be on the statute book to provide the necessary reassurances of our readiness. These instruments support that requirement, and the Government’s commitment to ensuring that we have a fully operable statute book for day one, whatever.

The Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019 serve three broad purposes. First, they make technical changes to existing instruments to ensure that retained EU law continues to operate effectively after the UK leaves the EU. This includes, for example, changing “Community” to “United Kingdom” or “an official language of a Member State” to “English”.

Secondly, they transfer legislative powers that give the Secretary of State, with the consent of the Ministers from the devolved Administrations, power to amend, vary or add to the list of third countries that can export animals and animal products into the United Kingdom. This will ensure that we can act swiftly to prevent any imports from a certain country should the biosecurity risk change. This will support our existing ability to apply import controls and add to our robust armoury of biosecurity measures.

In practice, the Secretary of State would look to the UK’s Chief Veterinary Officers, supported by expert advice from the Animal and Plant Health Agency, to make any recommendations for changing the lists. These decisions would be based on the most expert scientific and veterinary advice, in the same way as they are currently with the Commission. Similarly, they amend previously made EU-exit SIs regarding animal and animal product imports. This allows the Secretary of State, with the consent of appropriate devolved authorities, to publish lists of animals and products that require border veterinary checks. Both these measures are intended to support the UK’s biosecurity. These powers currently reside with the Commission and we are simply making them operable in the UK context. They will further support our application for third-country listing by aligning our statute book with the EU.

Thirdly, the SI changes the previously laid Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019, by correcting a reference to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 to enable certain EU, EEA and Swiss veterinary surgeons to register with the Royal College of Veterinary Surgeons. A paragraph had been wrongly labelled “43” when it should have been “44”. It is very important to get these things right. I assure your Lordships that being a person of detail is irritating, but it is important that we get these things right.

The other statutory instrument, the Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019, makes technical operability changes to existing instruments. These ensure that regulations for animal by-products, ABPs, transmissible spongiform encephalopathies, TSEs, and genetically modified organisms, GMOs, are operable. These amendments are of a purely technical nature and make no changes to existing policy. They include recent changes to ABP and TSE legislation that were published in the EU’s Official Journal too late to be included in earlier EU-exit SIs. As with the other instrument, this will enable our statute book to be up to date and accurate, which is a requirement of our third-country listing by the EU.

These changes include, for example, substituting “appropriate authority” for “Commission”. Similarly, they amend references to the EU’s import and export system, TRACES, by adding the wording “or any replacement system in operation in the United Kingdom”. The UK is launching a new system called the import of products, animals, food and feed system, IPAFFS, to ensure that imports of live animals, products of animal origin, animal by-products, germplasm, and high-risk food and feed not of animal origin can continue should there be a no-deal exit. This became available to the public at a beta stage of development only on 30 September. It is important to note that this system has proved popular with stakeholders, and we think we would look to it in the long term, regardless of a deal for access to TRACES, as a way forward. This SI also makes minor corrections as recommended by the JCSI. Again, I apologise for these, and will explain their nature in more detail.

There are three highly technical changes to EU law being made operable by this instrument. These include: changing recently introduced law, as mentioned, so that TRACES or any replacement system could alter certain lists; making operable provisions to permit the export of products containing processed animal protein derived from ruminants and non-ruminants; and making operable provisions that add Egypt to the list of third countries from which gelatine, flavouring innards and rendered fats can be imported.

The final purpose of this instrument is to make minor corrections to previous instruments which were, as I said, helpfully picked up by the JCSI. I am most grateful to the committee for drawing our attention to these. For instance, one correction will change the style of the paragraph numbering from (a) to (d) to (1) to (4) which is intended to help the reader to identify changes. I should also say that both instruments apply to the whole of the United Kingdom and that the devolved Administrations were closely engaged in their development and have given their consent for them to be laid.

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[Lord Gardiner of Kimble]

My Lords, I should have declared my farming interests as set out in the register. That was remiss of me.

The noble and learned Lord, Lord Hope of Craighead, took your Lordships to Greenland and asked who is to be satisfied. Unless I get precise detail on that point, I assure the noble and learned Lord that I will write to him with an explanation and place a copy in the Library. We are seeking to bring forward and put on to our statute book that which has gone through the Commission in the agreement. We are not suddenly deciding that we, out of some whim, will add trade with Greenland. We are adopting, refining and getting on to our statute book what has already gone through that rigour.

I will get chapter and verse on who is to be satisfied, but we are not adopting anything new in these instruments. I agree that this is one of the nightmares of having the statutory instrument alongside the Explanatory Memorandum. Statutory instruments sometimes become a source of considerable confusion to me. I am very grateful for a proper Explanatory Memorandum. Of course, what we want to do is to ensure that we have the top biosecurity and that consumers and the people of this country are safe with all products, whether from home or abroad—including, indeed, from Greenland. The whole basis of what we are seeking to do is to ensure that we have those very strong measures in place.

On the points made by the noble Baroness about the recent legislation, the Government will abide by the law. However, our task, and my task, which I alluded to in my opening remarks, is to prepare for any eventualities. We think we might get an extension if one is ever required; I cannot guarantee that today. I am sorry to be so punctilious, but our task—I am looking particularly at the noble Baronesses, Lady Jones of Whitchurch, Lady Parminter, and Lady Bakewell of Hardington Mandeville—has been to be able to say, in all sorts of scenarios, that we have done everything possible. My noble friend the Duke of Montrose rightly said that if we did not get our listing on Friday, many farmers up and down the land would say, “You mean you didn’t even try? You didn’t even take the precaution of seeking a listing?” We did.

I understand the thrust of what the noble Baronesses have said and the comments made about the amendment to the motion. However, I want to make it clear that this is about ensuring that Defra does everything it can to ensure that the Commission sees our bona fides in adopting all the law which it has adopted since we went through the exercise of seeking a listing earlier in the year.

As I have said, the majority of the Brexit SIs are needed whether we leave with or without a deal. If they are no longer needed on exit day, they will be deferred until the end of a transition period. There have been many hundreds, and a lot of our work has been about getting the statute book to where we need it to be. We do not see the affirmative route as being used anything other than extremely sparingly. It is not a desirable route unless, with the buffer of timing, we think it in the best interests of the United Kingdom. Obviously, it is not something I would ever want to deploy unnecessarily or wantonly.

The noble Baroness, Lady Jones of Whitchurch, made a number of points. On the scrutiny of the variation and the Secretary of State’s powers, having met Ministers from the devolved Administrations, it is important to say that the Secretary of State could vary the list of third countries or alter the import requirements only with the consent of all the devolved Administrations, so it would need to be deemed in the interests of all the Administrations. As I explained, those decisions, and the decisions that Ministers would be required to make, which currently reside with the Commission, will be informed by the four UK Chief Veterinary Officers, who are our top veterinary experts on animal health, and the Food Standards Agency, which is our expert on the public health aspects. The Chief Veterinary Officers would, in turn, be supported by the scientific analysis of the Animal and Plant Health Agency. Given the international respect with which both the FSA and the APHA are regarded, I feel confident that these decisions would be in the appropriate hands. Also, Regulation 18.4 makes it clear that to change these lists, the Secretary of State must bring forward a negative SI, which, if anyone is concerned that this is not a step in the right direction, enables us to scrutinise it.

Noble Lords will understand that the line is that we do not comment on leaked documents. However, I say to the noble Baroness, Lady Jones of Whitchurch—and as I have said very often—that the UK is a world leader on animal welfare and environmental standards. We will not water down our standards as part of trade negotiations. We have a reputation for quality that is built on those standards and on the dedication of farmers and growers to meeting UK consumers’ expectations. With what is already on the statute book, the current UK import requirements—

[Lord Purvis of Tweed (LD)]

I have been listening carefully to this debate. Given what the Government have submitted to Brussels at the moment, might the Minister reflect on his terminology? He has referred to the UK on a number of occasions, most recently in his last few comments. The Government’s policy is that it would no longer be the UK, as Northern Ireland would operate under one regulatory regime and Great Britain under another. Can the Minister be clear what the legislative relationship would be with this instrument because, for the first time since the 1920s, one part of the United Kingdom would not have the same approach as the rest of it? Will he reflect that these commitments no longer refer to the UK as a whole?

With regard to the point from the noble Baroness, Lady Jones, about Northern Ireland, can the Minister explain what might happen if there is a no-deal scenario—which he says he has to prepare for—when it comes to some of the checks that would be required in Northern Ireland, given its relationship to the Republic of Ireland? The temporary measures that the Government published in March indicated checkpoints. These would be off the border, but nevertheless those taking and receiving goods would have to go to designated hard areas. Are those temporary measures still planned by the Government if there is a no-deal Brexit? If we are faced with that on 31 October, are the Government indicating that from 1 November there would be hard areas in the United Kingdom to check goods covered by this statutory instrument?

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[Lord Gardiner of Kimble]

My Lords, I will return to that because I want to make sure that I have on the record precisely the point that the noble Lord has asked. I will wait for some strong advice to get the form of words right to satisfy your Lordships. The instruments relate to all parts of the United Kingdom. That is precisely why in all cases—particularly the issue I referred to—it would be the chief veterinary officers from all parts of the country who would take a view about the variation of lists.

Quite rightly, there was also some consideration of IPAFFS and TRACES. If there is a deal and an implementation period, we will continue as currently. In the event of no deal, the UK would replace TRACES with IPAFFS, which will be operational for all third-country imports on the day we leave the EU. The noble Baroness, Lady Parminter, asked about public beta—quite rightly, as I have asked the question myself. IPAFFS is in public beta and users can register for the system and check their log-in details if they have registered previously. As it is in public beta, IPAFFS is monitored to assess performance and to investigate any issues raised by users. There have been no downtime events or high-severity incidents since public beta commenced.

So far, in terms of feedback on IPAFFS and the status, 155 users have participated in business readiness sessions. Importers and their agents, the FSA and the port health authorities are taking part in sessions around the country. Users were asked to express as a mark out of 10 how confident they would be in using IPAFFS from day one. After the readiness session, the average confidence score was nine. Since launching public beta on 30 September, we have seen a further 127 registrations, bringing our total to 1,198 users registered for IPAFFS. We think that engagement so far has gone well, as has the rate at which users have registered.

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[Lord Gardiner of Kimble]

The Republic of Ireland remains in the EU. As I said, we will not be inspecting, because we believe that the EU’s standards are high. We are addressing this matter in these statutory instruments precisely because imports from the EU will not require additional inspection as they are of a suitable standard.

[Lord Purvis of Tweed]

My Lords—

[Lord Gardiner of Kimble]

No. I am going to make progress, if the noble Lord will forgive me. I have had a lot of interventions and I will address his point.

My noble friend Lady McIntosh also raised the issue of veterinary surgeons. We are offering free training for official vets to sign EHCs for food products. Some 736 have been registered with the APHA to assess free training, of which 564 enrolled on the course for this qualification; 152 have since qualified. The total number of official veterinarians who can sign EHCs for food products has increased by 200 to 835 since 8 February. We have also created a new certification support officer role to assist official vets and are offering free training. To date, 170 have registered and 47 have qualified. We have published a list of official veterinary services on GOV.UK to help businesses find official veterinarians. I am absolutely clear that vets are vital in this. That is why the statutory instrument tidies up the position in relation to veterinary surgeons, as I have said.

My noble friend Lady McIntosh asked about animal welfare and transport. There is considerable concern about the welfare of animals in transport and we will continue to recognise EU transport welfare authorisations for an interim period, to mitigate the risk of friction at the border from EU consignments arriving. This is an area where the Government will look in future to see how we can enhance animal welfare. We have been clear that we understand the issues about transport and the Scottish islands, but we think that there is considerable room for improvement, and this is a work in progress. I understand the point my noble friend makes about farming interests as well, but we need to be mindful, clearly, that our standards of animal welfare are clearly understood.

The noble Lord, Lord Purvis of Tweed, spoke about the legislative relationship if there were different regulatory regimes in Northern Ireland and Great Britain. The Prime Minister recently highlighted that there are ongoing negotiations, and it would not be appropriate to pre-empt those at this stage—I suspect that the noble Lord expected me to say that. The statutory instruments deal with third-country listing and, specifically, operability amendments.

To answer the point of the noble Baroness, Lady Masham, we are absolutely clear on this and it is central to our border delivery group work. We absolutely understand it, which is why I mentioned animal welfare to my noble friend Lady McIntosh. We are very conscious of the importance of planning to ensure that we have the facilities in place and do not have animals held up. There must be alternative ways, including by using other ports, because we all understand that the straits between Calais and Dover, in particular, are going to be pressure points. It is important that we work to make sure we have capacity in place at other ports, including rerouting to EU ports and airports that have the appropriate border inspection facilities. We are very mindful of the importance of our animals coming from this country, where we want them to be well looked after, and moving to other parts of Europe. I know that there will be some details that I have not adequately addressed. Some are detailed and I want to make sure that I get the absolute chapter and verse, so that in no way have I verged into my own personal view, but instead given a distinct expression of view.

I understand everything that the noble Baroness, Lady Jones of Whitchurch, said, but I do not believe that, in bringing forward the statutory instruments, I have done anything other than the best I can to ensure, in whatever circumstances we are presented with, that we are in a position to say clearly to the Commission that we have done everything possible to secure its consent for a listing if there were a circumstance in which that was necessary. I entirely back up my noble friend the Duke of Montrose. I think I know farmers quite well, coming from that stock, and if we had not bothered to do this, with its nearly £5 billion consequence, and had not put this forward in the way we have, there would have been very considerable alarm and disquiet that we had not done everything possible, for any scenario. One thing about these times is that nothing is particularly certain, and therefore we have to cover all eventualities. So, I understand the noble Baroness’s amendment, but I hope she will feel able to withdraw it.