Upland Farming

Debate between Lord Gardiner of Kimble and Baroness Byford

Thursday 4th April 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, as a Government, we entirely accept that the uplands have an important connection to us all. After all, they provide 70% of our water. They have an enormous environmental benefit. Through the environmental land management system, which will replace the CAP, we are looking for ways to support and encourage the next generations to do this vital work on our behalf.

[Baroness Byford (Con)]

My Lords, will my noble friend confirm the need for the 6,500 upland farmers to continue to receive public financial support? Without that, they will not succeed. Some 70 million people visit the uplands each year and that sort of payment is essential. In addition, I note the important role that small and medium-sized enterprises play in those local communities. Without that interaction, those communities will die.

Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019

Debate between Lord Gardiner of Kimble and Baroness Byford

Wednesday 3rd April 2019 Lords Chamber

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

My Lords, as the Government have made clear, we intend to incorporate on to our statute book and make operable all relevant aspects of EU law from the point of exit to ensure that we have fully operable arrangements which protect our biosecurity and minimise trade disruption. This instrument covers animal health, plant health, seed marketing and seed potatoes and primarily makes technical amendments to ensure that recent EU decisions will be operable on exit day. I would like to make it clear from the outset that our biosecurity controls on animals and plants are paramount, and this instrument contributes towards ensuring that we will have the most robust arrangements in place to protect public health and the environment.

The amendments made by Regulation 2 concern recent updates on animal health control measures relating to African swine fever in certain member states. This instrument amends Commission implementing decision 2014/709, ensuring that recent updates relating to the two ongoing earlier requirements applicable to all member states are transferred to the appropriate Minister in the United Kingdom.

Appropriate Ministers are required to prohibit movement of live feral pigs and to erect advisory signage alerting the public to the ways in which the disease can inadvertently be spread by people who travel to and from affected areas. I assure noble Lords that this amendment supplements our existing powers in the Diseases of Swine Regulations 2014 to prevent and control African swine fever, including powers to cull infected animals and establish protection zones, surveillance zones and feral pig control zones in the event of any such outbreak.

Regulation 3 amends retained EU law to ensure that TSE functions operate correctly by replacing a reference to production and manufacturing processes approved by “the EU Commission” to processes approved by “the Secretary of State”.

Part 3 of the statutory instrument covers plant health. Regulation 4 applies to England only, and Regulation 5 applies to England, Wales and Northern Ireland. The instrument amends the Plant Health (Amendment) (England) (EU Exit) Regulations 2019 and the Plant Health (EU Exit) Regulations 2019 to deal with new EU plant health decisions introduced and to recognise arrangements with the Crown dependencies.

Planned meetings with the Crown dependencies concluded early in 2019 and Regulations 4 and 5 recognise the outcome of broader government agreements with them. The Crown dependencies, which include Jersey, Guernsey and the Isle of Man, are currently treated as part of the United Kingdom for the purposes of EU plant health legislation, so plants and plant products move between the Crown dependencies, the United Kingdom and the rest of the EU under the same EU plant health rules. Outside the EU, these arrangements will no longer apply, and there have been discussions with the jurisdictions concerned to agree future arrangements for the trade in regulated plant material. The Crown dependencies have agreed to adopt controls similar to those of the UK in order to continue to facilitate this trade. The changes made by this instrument give effect to those arrangements, specifically in relation to the import and movement of regulated material from the Crown dependencies.

The amendments made by Regulation 5 also deal with new EU plant health decisions recently introduced, supplementing the lists of regulated pests and plant material and controls in the regulations. Regulation 5 prescribes in full on our statute book the detailed requirements in recently introduced EU legislation preventing the introduction and spread of the damaging plant pest, the red-necked longhorn beetle. This pest is a threat to a range of fruit and ornamental species in the United Kingdom, including cherry, peach and plum. It has been present in Italy since at least 2010, where it is established in the Naples area. The specific measures that we are introducing will help protect against its introduction through, for instance, wood-packaging material and nursery plants.

Regulation 5 also amends recent EU decisions to provide for imports of ash wood from the United States and Canada to continue under the same stringent derogation provisions after exit, ensuring continuity of supply for UK businesses without compromising our biosecurity. This follows a prolongation of the EU decisions concerned, which have been proven to provide effective protection regarding this trade and which we wish to retain.

The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 are also being amended to enable UK plant passports to contain specific details such as the origin, identity and quantity of the plants concerned. These are required in relation to the marketing of fruit plant propagating material and fruit plants to avoid the need for dual labelling. This follows an update of business-as-usual legislation, which has recently allowed this change to be made.

Part 4 of the statutory instrument covers seed marketing and seed potatoes, and it applies to England, as this is a devolved matter. Regulation 6 amends the Seed Marketing Regulations 2011 to allow a two-year interim period to recognise authorisations granted by EU member states for marketing the seed of new vegetable varieties that have not yet completed testing for official registration. This pragmatic approach maintains trade and will give growers in England continued access to new varieties at the earliest possible stage.

Regulation 7 addresses technical operability issues by removing from the seed potatoes regulations references to the European Commission, Community and member states, replacing references to “third countries” and removing reporting obligations to the EU.

Regulation 7 also assures continuity in supplies of seed potatoes by amending the Seed Potatoes Regulations 2015 to provide for a one-year interim period during which EU varieties and seed can continue to be marketed in England. In addition, it avoids financial loss by permitting a one-year period for existing stocks of pre-printed official EU certification labels to be used.

Regulation 8 amends the Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 to exclude the marketing in England of vegetable seed produced in Switzerland. The regulations had been amended to allow seed from Switzerland, but vegetable seed is outside the scope of the EU’s trade agreement with Switzerland—hence this change.

This instrument is required to attend to a number of elements of retained direct EU legislation to ensure its operability and appropriate functioning after exit. I beg to move.

[Baroness Byford (Con)]

My Lords, I thank my noble friend the Minister for introducing this statutory instrument, which is hugely important for the protection of both animal and plant health. I welcome the steps that are being taken within the statutory instrument. Most of the sections refer to transposing EU law into UK law, but I have one or two questions for the Minister. In Part B, on page 34 on infested zones, it says that the conclusions will be,

“based on sound scientific principles”,

and gives powers to,

“the appropriate UK plant health authority”,

to amend the buffer zones where required. Can the Minister tell us whether this power is literally transposed across or is a new initiative? If it is a new initiative, it makes good sense; if it was already there, I am glad.

On the same area of infested zones, the statutory instrument says that the demarcation can be lifted,

“if the plant pest is not detected in the area over a period of four consecutive years”.

Again, I ask the Minister: is that current practice or a new introduction within the statutory instrument?

I now move on to the marketing of seed potatoes from the EU and Switzerland, to which the Minister has just referred. On page 43, paragraph (8) refers to “GMO regulations”. Again, I wonder whether that is within the current restriction and whether it will have any bearing on any new varieties that might be worked on or introduced.

On page 3 of the Explanatory Memorandum, paragraph 2.10 refers to,

“UK plant passports to contain … information in relation to fruit plant propagating material and fruit plants”.

It states that the Plant Health (England) Order 2015 is out of date—the Minister referred to this earlier. Will it be updated or does the statutory instrument that we are debating at the moment do that?

Moving on again, I am glad to see that people travelling from the EU will be subject to the same rules as in the past when bringing plants and plant products into the UK, particularly those with their own packaging. One of the big risks we run is introducing disease from incoming plants, however well-intentioned the person was who brought them in.

The Explanatory Memorandum also refers to the European Statutory Instruments Committee’s comments that this SI has, “political and legal importance”, making “extensive amendments” to the two EU exit SIs. I wondered what these were, because when I read through it I did not pick them up. I hope that my noble friend the Minister will be able to comment on that when he winds up.

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

Debate between Lord Gardiner of Kimble and Baroness Byford

Monday 25th March 2019 Grand Committee

[Baroness Byford]

I thank my noble friend for clarifying the extra money that has been allocated. Will that money be clawed back from importers and people who are buying the products, or will the Government put the money up and make no attempt to get recompense? I thought from the conversations we had earlier that there would be a charge.

[Lord Gardiner of Kimble]

The fees are for the costs of inspection or whatever. The additional costs for people will partly be borne by the Exchequer. I think I had better have complete clarification on that. As far as I am concerned, the fees cover the cost of inspections and we will have to upscale them. It might be helpful if that £7.4 million is allocated in a way that my noble friend and other noble Lords can appreciate, so that we get it right and I get it on the record right.

The noble Baronesses, Lady Young and Lady Parminter, mentioned the 33 premises. There are obviously other businesses. Officials are engaging with export businesses and encouraging applications. We look forward to being helpful because it is important that these premises are inspected, secure and fit for purpose. Then we can help to ensure that these products come to the inland premises as swiftly as possible.

The noble Baroness, Lady Young, asked about future plans. The policies in regulations are risk-based and proportionate, and will apply temporarily from day one until we develop our future plant health regime. This will include consideration of the extent to which we implement aspects of revived arrangements to be introduced in the EU from December 2019 through its new regulations on plant health and official controls, given their significant influence in shaping these new arrangements. Clearly what we in this country want to do is to have the highest possible standards of biosecurity. We will be looking at the advantage of available technologies to facilitate trade that is as frictionless as possible, but the paramount importance is to have high standards of biosecurity. Defra and the Food Standards Agency are working closely together to develop proposals for this and plan to consult on them this year.

The noble Baroness asked about Scotland. By chance, I met Mairi Gougeon, the Scottish Biosecurity Minister, along with Lesley Griffiths from Wales only about three hours ago as they were in for other meetings at Defra. I requested that the three of us meet, perhaps when this particular hiatus is over, so that we can work positively together. For Scotland, the Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 were laid in draft on 13 March and were debated and passed scrutiny unchallenged on 14 March, while similar regulations for Wales were laid in draft on 19 February.

I am going to have a close look at Hansard regarding other points. My noble friend Lady Byford mentioned climate change. Obviously, this is an area where we all need to work collaboratively across the world. Because of climate change, plant diseases and pests have, in my view, become much more alarming. The issue of physical and windborne is absolutely the case. I am afraid that we would have got Chalara even if we had not done the unwise things that we did because, as my noble friend Lord Deben and others will know, Essex, Suffolk, Norfolk and such eastern counties are suffering because of it being airborne. That leads to a much wider issue: whatever our arrangements with our friends in the EU 27, this is an area where we all have to collaborate. I am afraid the challenge that I would put back to Europe in this area is that a lot of things are coming here because when they arrived in Europe, there has not been zero tolerance. I mention the oak processionary moth and the Asian hornet as examples of where arrivals in Europe have not been dealt with, so we are having to seek to deal with them here. We do not have enough sea to match the ambition of New Zealand or Australia; it is only 22 miles wide. We all need to do very much more.

On the question from the noble Baroness, Lady Young, about the maximum penalty, I might not have a note from the Box but I think the fine is limitless. All I can say is that if someone transgresses, I hope the fine is substantial because the disasters that can befall our country due to these pests and diseases is very grave. I will study Hansard. I will write if there are embellishments or further details that I can supply.

Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019

Debate between Lord Gardiner of Kimble and Baroness Byford

Wednesday 20th March 2019 Grand Committee

[Baroness Byford]

Reading through the instrument, I found that odd. I could not think of the context that it was referring to.

[Lord Gardiner of Kimble]

I can understand that. In signing the EM, Ministers have to declare that we have had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited under the Equality Act 2010.

I turn to the point raised by the noble Lords, Lord Beith and Lord Grantchester, about the red meat levy exemption. In continuing the existing exemption for imports from the EU, we were advised that we need to be in line with WTO rules, as I advised. I also advise that we expect this change to be minimal or nil. We believe that very few animals are imported into the UK live for slaughter. On average over the last five years, fewer than 500 cattle, sheep or bovines have been imported each year from beyond the EU into the UK. Their average values have been relatively high and our understanding is that they are imported mainly for breeding purposes. We believe that few, if any, are slaughtered in England soon after being imported—hence our belief that the impact of this change would be minimal.

The noble Lord, Lord Beith, raised a question relating to three of the instruments and concerning the legal wording coming into force on a date later than exit day. He asked why that is the case. The legislation is worded as it is because it was not clear whether the instruments would be debated, approved and made before exit day. The wording providing for the instruments to come into force on the latter of exit day or the day after making was a prudent contingency to account for this eventuality and to ensure that we did not purport to bring into force an instrument before it was made. I might need to think about that myself, but I wanted to put the position on the record. However, it is an interesting construct.

--- Later in debate ---

[Lord Gardiner of Kimble]

Would it help if the noble Lord and I had a conversation after this debate on the statutory instrument? I am interested in hearing his point.

With your Lordships’ permission, I will conclude my point. In a no-deal scenario, the SI will take effect on exit day; in the case of a withdrawal agreement, it will come into force after the implementation period.

On the noble Lord’s question about Ireland, these regulations will ensure that the same state aid regime applies in the UK and Ireland, because obviously it is bringing back the same arrangements.

My noble friend Lady Byford asked how many farmers fell within the schemes. My memory is that for direct payments, it is about 85,000 farmers, but of course with countryside stewardship and environmental stewardships it is a much smaller sum.

[Baroness Byford]

My Lords, I know I got a bit confused when we went over the various instruments. My question was actually in reference to small farmers, as my noble friend will be able to see when he has a chance to look at Hansard—there is no definition. I agree with him about the total numbers, but my query was about the number of small farmers and whether they are in a small farmers’ scheme.

Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019

Debate between Lord Gardiner of Kimble and Baroness Byford

Wednesday 20th February 2019 Grand Committee

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

My Lords, it is probably appropriate that I declare an interest as a member of the British Horse Society, although, sadly, at the moment I do not own any horses.

The purpose of this statutory instrument is to ensure that EU law regarding equine identification, which will be retained following withdrawal, has the necessary technical amendments made to it so that equine legislation remains operable. This will ensure that the human food chain can continue to be protected and that equines can continue to be traded and moved into and through the EU, while maintaining robust standards of equine health. The current system of equine identification is set out in EU legislation, primarily by Commission Implementing Regulation (EU) 2015/262 —the equine passport regulation.

The regulations before us do not make any changes to current policy or enforcement already in force, but I would like to set out the principal changes that they make. Part 2 sets out the technical amendments to the text of the retained EU equine passport regulation to ensure continued operability. Part 3 makes similar technical amendments to certain directly retained Commission decisions relating to equines—namely, on the collection of data for competitions, the recognition of stud books and the co-ordination of information exchange between those stud books. Part 4 makes amendments to the EEA agreement, as retained in UK law under the EU withdrawal Act.

These necessary technical amendments to ensure operability involve changing references to the Union in the current EU regulation to refer, instead, to the UK or, where the admission of equines with appropriate ID documents from the EU is concerned, to equines from both the EU and the UK. References to authorities in member states are amended to refer to the appropriate authorities in the UK, which in relation to England will be the Secretary of State, in relation to Scotland will be Scottish Ministers, in relation to Wales will be Welsh Ministers, and in relation to Northern Ireland will be the Department of Agriculture, Environment and Rural Affairs.

In Parts 2 and 3 of the regulations, certain articles of the Commission regulation and Commission decisions are omitted by this legislation. For clarification, this is because they contain provisions that will no longer have relevance once Section 2(2) of the European Communities Act is repealed. The omitted articles will therefore become redundant. For example, a requirement to provide for enforcement, or an ability to derogate from the legislation, can no longer be given effect because there will be no legislative power to do so once Section 2(2) is repealed. However, where relevant, necessary provisions have already been given effect by domestic legislation and they will be preserved and continue to have effect by virtue of the EU withdrawal Act.

I draw your Lordships’ attention to one addition that the regulations make, which is the insertion of a new article 15A. This is because, in the event of a no-deal exit, it will be necessary to have the facility to generate a supplementary travel document to accompany some equine movements. Such a document is a standard requirement for certain types of movement originating from a third country. Equine IDs issued by passport-issuing organisations in the UK will not be sufficient for this purpose because the ID must be issued by the competent authority.

This travel document will be necessary only for unregistered equines. These are equines that are not registered on an EU approved stud book or by an international organisation that manages the competition or racing of horses, including ponies. The Animal and Plant Health Agency has drawn up a simple single-page document which will satisfy the requirements of the legislation. It can be printed off and signed by the vet at the same time as other travel documentation is issued. The Animal and Plant Health Agency has taken on additional staff and undertaken training to ensure day-one readiness. In Northern Ireland, the role will be performed by the Department of Agriculture, Environment and Rural Affairs, which has similarly indicated appropriate readiness.

The House of Lords sifting committee raised the cost of blood tests for equines moving into or through the European Union. To be clear, European rules require that third countries must be assigned a disease risk status. There are seven possible categories which are based on the geographic region of the third country and the level of associated equine health risk. Blood testing is a mandatory requirement for all equines from third countries. The number of tests required reflects the disease risk category assigned to the third country. Given the UK’s high health status and high welfare standards, of which we should be rightly proud, we would expect to be assessed as low risk and therefore subject to the minimum of such tests, which should limit the cost implications on the sector.

The UK has already submitted an application to the EU for the third-country listing of equines as a contingency, as part of a wider application covering other live animals and animal products. The Commission has since indicated its desire to list the UK “swiftly”, if necessary. I should stress that these testing requirements, as with the need for a supplementary travel document, are not in any way due to this legislation. Both requirements are a consequence of the UK becoming a third country; thus we would be subject to existing laws set down for third countries. The equine sector is very familiar with blood tests and it is already the industry norm for current UK to third-country movements.

For the avoidance of doubt, while all equines will require blood tests prior to movement, the supplementary travel document will be necessary, as I have said, only with respect to the movement of “unregistered” equines into the EU. My department has been working closely with key members of the equine industry to ensure that the new processes are as simple as possible. We are communicating the detail of the necessary changes to equine owners and all involved in horse movement. The extent of these regulations is the UK. All the devolved Administrations have been consulted and involved in the preparation of this legislation; indeed, they have consented to it coming into force. I beg to move.

[Baroness Byford (Con)]

My Lords, I thank my noble friend for introducing this statutory instrument. I have one or two observations, but I am grateful to him for explaining why the Lords sifting committee has recommended that it should be an affirmative instrument. Clearly, the blood testing will be new for some people who are going to be exporting. I am also glad that the single lifetime document will continue as it is.

I want to ask my noble friend about an aspect that has always worried me and continues to do so: the export of ponies or horses, which on the whole are supposed to be going for riding or other purposes but often go into the human health chain. I am glad that the SI refers to this because it clearly mentions the potential harmful substances which could be in those animals when they are exported. Can he tell me a little more about the Government’s thinking on that aspect rather than the stud, breeding and horseracing side that we automatically think about? However, I think that hundreds of animals are still being shipped abroad for whatever purpose—in the end, we are not quite sure about that.

I turn to the Explanatory Memorandum. Paragraph 13.2 on page 4 refers to “retrospective microchipping” for older horses,

“which will apply from 1 October 2020”.

What will happen between now and then or is something already in place that I have missed? That is quite likely because these statutory instruments are complex.

As far as I am concerned, I welcome the instrument. It is really a matter of transferring EU laws to make it possible for us to continue in the same way. However, we must bear in mind that becoming a third country brings with it additional requirements for those involved in the sector. However, I am much more at ease with those that are registered than perhaps I am with the unregistered. I am not sure how this statutory instrument deals with that aspect of animal welfare and, in fact, in the end of human health welfare too.

Environment (Amendment etc.) (EU Exit) Regulations 2019

Debate between Lord Gardiner of Kimble and Baroness Byford

Tuesday 12th February 2019 Lords Chamber

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

My Lords, in line with the European Union (Withdrawal) Act 2018, these regulations make technical, legal amendments to maintain the effectiveness and continuity of UK legislation that would otherwise be left partially inoperable. The regulations will also, where appropriate, prevent the otherwise automatic incorporation of EU legislation into our national law. The SI presents no changes of policy.

The regulations consist of three main components. The first set of amendments, in Part 2, are to three environmental Acts: the Environmental Protection Act 1990, the Environment Act 1995 and the Pollution Prevention and Control Act 1999. Because these regulations amend primary legislation, they have undergone additional legal scrutiny by the Office of the Parliamentary Counsel.

Regulation 2 amends the Environmental Protection Act 1990. This Act contains references to the UK’s obligations under EU law, which will no longer work legally after exit, and we are replacing them with references to “retained EU law” and “retained EU obligations”.

Regulation 3 amends the Environment Act 1995 and makes similar amendments to those in Regulation 2. It also includes adjustments to powers in the Act to make directions and regulations for the purposes of implementing EU law, so that they can instead be made for the purposes of retained EU obligations following exit. There are also amendments to the power for appropriate agencies—for instance, the Environment Agency, the Natural Resources Body for Wales or the Scottish Environment Protection Agency—to impose charges in relation to retained EU law.

Regulation 4 amends the Pollution Prevention and Control Act 1999 and makes similar amendments to those in Regulation 2. It also adjusts the power in the Act to make regulations under Section 2 of the Act for the purposes set out in Schedule 1 to the Act. That power can currently be used in relation to EU directives, which Ministers designate from time to time. Regulation 4(3) removes this power to designate but lists the directives which have already been designated, preserving our existing ability to change and improve the relevant environmental regulations. If we did not do so, the reduction in the scope of the power could mean that we would have to use primary legislation to make the necessary changes to maintain and update environmental standards.

Part 4 of these regulations addresses existing directions and regulations made using powers under the Environment Act 1995. We are providing for them to continue for what will be domestic purposes. This will ensure, for example, that the recent air quality directions to English local authorities, requiring them to prepare local air quality plans, remain in force.

Part 3 of these regulations makes amendments to three cross-cutting environmental statutory instruments: the Contaminated Land (England) Regulations 2006, the Environmental Noise (England) Regulations 2006 and the Environmental Damage (Prevention and Remediation) (England) Regulations 2015. These instruments make similar references to EU law to those made in the Acts I have already mentioned, and for the same reason need to be amended. The instruments apply to England only; devolved Administrations are addressing separately any similar issues in devolved legislation. The amendments in these regulations make no changes to policy and these instruments will continue to operate substantively as they do now.

There is a type of EU legislation that is directly applicable. This is law that applies in the UK without any further legislation by our Parliaments, and includes EU regulations and decisions. These will automatically be brought into national law by the European Union (Withdrawal) Act, as part of retained EU law. In some cases, however, that is not appropriate. When we are no longer a member state, the UK will no longer be allowed to authorise participation in the EU’s Eco-Management and Audit Scheme—EMAS—or the EU’s Ecolabel scheme. Existing EMAS and Ecolabel registrations with UK bodies will no longer be valid. These regulations do not bring about this change: it is a result of our leaving the EU. These regulations make appropriate legal amendments to reflect the situation.

The EU EMAS regulation establishes the Eco-Management and Audit Scheme. Participation in this scheme is entirely voluntary, and there are only 17 UK-registered organisations. ISO 14001, a similar scheme established by the International Organization for Standardization, has more than 16,000 UK-registered participants. The EU Ecolabel regulation establishes another entirely voluntary scheme, under which producers, importers and retailers can apply for the EU Ecolabel for their products. Again, uptake in the UK has been low. In fact, a European Commission fitness check of EMAS and Ecolabel across member states in 2017 found that the schemes were substantially limited by levels of uptake.

The Government nevertheless attach importance to voluntary schemes that encourage businesses to improve their environmental performance. In our resources and waste strategy, we recognise that providing transparency of information can help those consumers or organisations that want to make environmentally friendly choices to do so. Guidance is also provided on how to look after their products and dispose of them at end of life. We will develop options for domestic eco-labelling before consulting more widely.

In the meantime, businesses holding existing EMAS registrations and Ecolabels will still be able to sell their products in EU member states, and they can apply to rejoin these schemes through other member states offering the service. We have published and circulated information notes on EMAS and Ecolabels to affected businesses. If we do not act, the European Union (Withdrawal) Act will bring EMAS and Ecolabel regulations into our national law. For the purposes of good public administration, and to avoid any confusion for businesses wanting to join such schemes in the future, these regulations stop that happening.

Finally, there are further EU decisions included in the schedule to these regulations, which refer to EU environmental action programmes. These EU decisions are either already out of date or will serve no ongoing purpose after we leave the EU. We will be making these amendments for the same reasons as with EMAS and Ecolabels.

These provisions apply to the whole of the UK and have been agreed between all four nations. The amendments in these regulations will ensure that UK law continues to operate smoothly when we leave. They represent no change in policy and the regulatory impact experienced by businesses and the public will not change as a result of these regulations. I beg to move.

[Baroness Byford (Con)]

My Lords, I thank my noble friend for introducing this section of statutory instruments and have listened carefully to what he said: there is no change in policy. Indeed, it is important that we pass these statutory instruments to maintain the existing regulations that we have been connected with.

My noble friend also talked about sustainability in the long term but recognised that the current audit and labelling schemes will no longer be valid. Perhaps I might press him a little more on that because clearly we will have to introduce a scheme to replace the existing ones. Is he able to tell us a little more about that and how the department will approach it? Also on that issue, I think he said that we were going to be consulting more widely. Again, it is a matter of timeframe: how soon that will happen? Clearly, that would help us in dealing with this statutory instrument.

Lastly, my noble friend mentioned that some aspects of existing EU law have become out of date and we would need to transfer powers to a new set of regulations. Can he give us any indication of how many of the changes taking place are to regulations that are considered out of date?

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[Baroness Byford]

I wonder if my noble friend might give way. Is it possible to find out what body or who will be responsible before the new environmental body is set up? The difficulty is that it could be many weeks or months; we really do not know how soon that will come in. Therefore, the natural question is: after 29 March, if things are not going as we hope, where does the buck stop? Who is responsible in the meantime? It may well be that his own department takes that on, but I did not think it was clear in the statutory instruments we have just been debating. I would be grateful for some clarification.

[Lord Gardiner of Kimble]

I have to say that that area is not what this statutory instrument is about. I can say that we will bring forward measures so that there is no gap in environmental governance in the event of a no-deal Brexit. We fully realise that the independent environmental body will not be complete; we have to have primary legislation for that. But I can say—I hope it provides some reassurance—that once the office comes into effect it will have the power to review and take action on any breaches that occur from the day of us leaving. There will therefore be no period of time during which government actions cannot be held to account by an enforcement agency. I hope that is an assurance that the Government’s bona fides on this are very strong and that we do not want there to be an environmental governance gap. I am not sure that I can add anything further, but I look forward to the noble Baroness’s intervention.

Farming: Carbon Emissions

Debate between Lord Gardiner of Kimble and Baroness Byford

Tuesday 12th February 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the right reverend Prelate is absolutely right about our impressive productivity. For example, in pork, there are 36% fewer emissions; in dairy, 7% fewer. We will continue to work with industry on breeding programmes to improve the efficiency of feed conversion in beef. Clearly, all that and the £90 million investment in the transforming food production challenge is about finding better techniques to ensure that we have great products at home and abroad.

[Baroness Byford (Con)]

My Lords, going back to the original Question, what strategies are the Government using to move this issue forward? Will it go out to consultation? If so, what is the timetable for that? Secondly, I remind the Minister of the great benefit of grass-grazing animals in this country. There is a double bonus there.

[Lord Gardiner of Kimble]

My Lords, that is undoubtedly true. I have already declared my interest as a farmer. Having grass on the farm is a great way to have diversity in our countryside and produce food. As I said, we need to work with the farming industry to ensure that we can achieve the low emissions we all need and that farms continue producing food. For instance, under the farming ammonia reduction grant scheme, the funding of slurry store covers will reduce emissions during storage by up to 80%, so there is a lot we want to do with farmers.

Food Labelling

Debate between Lord Gardiner of Kimble and Baroness Byford

Tuesday 9th October 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, that is imperative and, as I said, we are working with all those involved. I should say that the FSA has responsibility for allergen labelling; that is precisely why it is an essential part of the review. The noble Baroness rightly refers to training of staff. Again, businesses are in all circumstances under a duty. We must ensure—this is one of the key areas of enforcement—that all businesses are mindful of their responsibilities. All producers of food and food products should be mindful of cross-contamination. That concerns food safety more generally, but these are all areas which we take very seriously.

[Baroness Byford (Con)]

My Lords, I follow the two noble Baronesses in extending my condolences to the families, because this is a great tragedy that could have been avoided had the information been available. My sister suffers, although not to that degree, from a problem with nuts, and it is extremely difficult to find out whether nuts have been involved somewhere along the line in the production of any food.

Perhaps, when the review comes to a conclusion, it will set national standards so that we do not fall into the gap of when it was “best before” to sell food by or recommended by a date to be sold. It should be clearly set out what is or is not included in that food. My slight, perhaps personal, fear is that different manufacturers or food producers will put a different aspect on the labelling. We need clearly identifiable labelling that everybody will be able to understand.

[Lord Gardiner of Kimble]

My Lords, nuts are one of the 14 allergens; the labelling law as set out in the EU’s food information to consumers legislation includes nuts, and is therefore considered to be mandatory information that must be available to consumers. As one of the 14 allergens, nuts must be included in information.

Sustainable Fisheries for Future Generations

Debate between Lord Gardiner of Kimble and Baroness Byford

Wednesday 4th July 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, many noble Lords will know that the noble Lord and I went to see the MMO in Newcastle and had a very interesting day looking at some of the technology for detecting whether a vessel is aping some other activity but is really fishing. I agree that the Royal Navy plays an important part in enforcement, and it will continue to do so. I am afraid that it is not within my gift to comment on longer-term deployment and the number of vessels, but we are absolutely clear that other third countries are well able to enforce their fisheries policy, and we need to work on a system that works for us.

[Baroness Byford (Con)]

My Lords, I too welcome the Statement. For years we have been talking about the crisis of overfishing and the way that our stocks have been plagued. Does my noble friend agree that sustainability is at the heart of this and that we must protect our marine environment? I want to draw two things to his attention; perhaps he could respond to them. One is the proposal to end discarding, which I am sure will be welcomed. The second is the review that I believe will be undertaken of the under-10 metre category for low-impact inshore vessels. Again, that will help many of our areas that fish but do not do so in such a wide range as others.

[Lord Gardiner of Kimble]

I entirely agree with my noble friend. As I have said before, if we do not have sustainability and adhere to maximum sustainable yields, the ecosystem of our waters—as a whole and not just for consumption—will be put in peril. Sustainability is absolutely key. Obviously, we have all been very concerned about discard and the complete waste that it has caused. As part of that, we will consider the vexed issue of choke and choke species and look for solutions. Clearly, these issues are quite difficult and technical. We need to ensure that we do not overfish but fish sustainably. Therefore, the issues of discard and choke are a key element of seeking to keep our stocks in good order.

Legislative Reform (Constitution of the Council of the Royal College of Veterinary Surgeons) Order 2018

Debate between Lord Gardiner of Kimble and Baroness Byford

Tuesday 1st May 2018 Lords Chamber

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

My Lords, the veterinary profession plays a vital role in protecting animal health and welfare, maintaining food safety and public health and enabling trade in animals and animal products. I am pleased, therefore, to introduce this draft legislative reform order, which seeks to make changes to what the profession and others view as the outdated constitution of the council of the Royal College of Veterinary Surgeons.

The RCVS is the statutory regulatory body in the United Kingdom and is therefore responsible for the registration and regulation of the profession in this country. The changes proposed in this order are strongly supported by the college and by the range of stakeholders and interested parties who responded to consultation by both the RCVS and Defra. They will be widely welcomed. As a department, we have worked closely with the college to take these proposals forward and to get the drafting right. I pay tribute to the college in particular for its willingness to address issues raised during the process and to find solutions which, through this draft order, will strengthen its governance arrangements.

I am pleased to say that our Delegated Powers and Regulatory Reform Committee has approved of the proposals described in the explanatory document laid before this House and agreed that the use of the affirmative resolution procedure is appropriate. The committee commended the department on,

“a well-presented and informative Explanatory Document, and on its inclusion of helpful Keeling Schedules”.

I am therefore very grateful to my officials for their work in producing these documents and for the constructive responses we received to the consultation, which helped shape the final proposals.

At present the college is required to have a governing council with 42 members. There are 24 elected members, all veterinary surgeons; two members appointed by each university with a current veterinary school—Bristol, Cambridge, Edinburgh, Glasgow, Liverpool, London and Nottingham; and four appointed by the Privy Council—currently, the UK Chief Veterinary Officer and three lay members. This is not in line with modern regulatory best practice, and issues surrounding the governance arrangements at the RCVS have been raised on a number of occasions in recent years. In May 2008, the report on the Veterinary Surgeons Act 1966 published by the Environment, Food and Rural Affairs Committee of the other House included a recommendation for the restructuring of the council, especially concerning lay membership, suggesting that the proportion of lay members should be increased. A consultation exercise undertaken by the college in 2009 reached similar conclusions about the need for reform.

As a first step towards restructuring, a draft legislative reform order was brought before Parliament in 2013 to make changes to the governance of the two college committees that deal with disciplinary proceedings: namely, the disciplinary committee and the preliminary investigations committee. In parallel, in 2012, with the aim of becoming a first-rate regulator, the RCVS commissioned research to understand better how it is seen by others and where opportunities for change might lie. The RCVS was found by the report, published in April 2013, to be significantly out of step with the arrangements in place at other professional regulators and royal colleges. The report also identified that the council was seen as less efficient than it could be, mainly because of its size but also because of its membership structure, and could be modified to operate more efficiently and in the better interests of public and profession.

The research report included advice from the Professional Standards Authority on the efficiency and effectiveness of health professional regulators. This advised parity of membership between lay and professional members is,

“to ensure that purely professional concerns are not thought to dominate council’s work’.

It also suggested that smaller boards were associated with better effectiveness.

The RCVS embraced the need for change in order to achieve the stated aim of becoming a first-rate regulator and demonstrating a better fit with the five principles of better regulation, by being proportionate, consistent, accountable, transparent and targeted. As current council arrangements are laid down in an Act of Parliament—the Veterinary Surgeons Act 1966—the RCVS again turned to the Government with a view to making a further legislative reform order. The college recognises that it must be accountable to the profession it regulates and the overall aim of the proposed reforms is therefore to modernise the structure and composition of its governing council.

On matters of detail, the Veterinary Surgeons Act does not currently include a statutory requirement for lay persons to be included on council. The current arrangement of appointing lay members to council via the Privy Council, or by the veterinary schools, is not sufficiently robust. It is proposed, therefore, that in future there should be statutory provision for independently appointed lay representation on council—six places in all. Secondly, now that the RCVS is the regulator of the veterinary nursing profession through the provisions of the supplemental charter of February 2015, it is appropriate that the law should provide for veterinary nurses to be represented. Two places on the council are proposed.

As noble Lords will appreciate, the size of the council is also inextricably linked to its composition. In order to provide places for lay and veterinary nurse members without further increasing an already unworkably large council, reductions in the representation of other member categories are therefore proposed. Over a period of three years, the number of veterinary surgeons elected to council would reduce from the current 24 to 13, though at all times they will have a majority. While it is considered essential that the council continues to benefit from the academic expertise of the UK universities with accredited veterinary degrees, a reduction in the number of places allocated to them is also proposed—from two per university to three members in total, appointed collectively. UK veterinary schools are content with the proposal for collective representation on council. Finally, the UK Government’s Chief Veterinary Officer will continue to be fully engaged with the council as now, but with observer status rather than as a Privy Council appointee.

Having a council of 42 members is an obstacle to its efficiency. The cost of each meeting—around £24,000 through reimbursement of expenses and loss of earnings —and the difficulty of ensuring that 42 members are available, restricts how often it can meet and therefore impacts on its ability to take timely decisions. As council cannot meet often enough to take time-pressured decisions, it has been necessary to delegate some of its work to an operational board. Decision-making is currently divided between council and the board, with a potential for lack of accountability in those decisions. At present, veterinary surgeons, veterinary nurses and the animal-owning public are at risk of being affected by delays and difficulties arising from decision-making under the current governance arrangements. If the council’s size were reduced overall, it could meet more frequently and reach and communicate decisions more effectively.

The proposed changes therefore reduce the size of the council and revise the balance of membership between vets and non-vets, including veterinary nurses and lay persons. They will bring the RCVS in line with many other modern-day regulatory bodies and allow for greater efficiency, transparency and accountability to both members and the general public. For all the reasons I have outlined today, I commend the use of the legislative reform order to make changes that will benefit the veterinary profession. I beg to move.

[Baroness Byford (Con)]

My Lords, I very much welcome the order before us today. I declare my interest as an honorary associate member of the Royal College of Veterinary Surgeons. For many years, we have had regular discussions with members of the royal college about the unwieldiness and the way in which they have had to work in recent years. The Minister referred to the importance of the health and welfare of animals of all sizes. It really does give me great pleasure to support this order today. I was particularly pleased to read the report from the Delegated Powers and Regulatory Reform Committee. It was a well presented and helpful report that had come forward following the various consultations that had taken place.

Any of us who are involved in public life would view a council of 42 with great fear. It was something that was fairly common in those days. I belong to the Worshipful Company of Farmers, and we would look at our constitution, which would be a very similar size in the old days, and we had to say, “In this day and age, is it relevant? Can it do the job it is supposed to do? Would it not do it better with a slightly smaller and more receptive constitution?”. Today we are looking at a very important section of the profession, and I am really glad that the profession has great support. We want to make sure that we have good governance and better regulation. That would then free up the council to meet more often and to be able to do what it wants to do in a more timely fashion.

I still believe that vets have a vital role to play, not just for the welfare of the animals that they look after, but for members of the general public, who rely totally on their expertise. In this way, the royal college and the members of it are an important link. I welcome the extension of council membership to lay members and veterinary nurses.