Fisheries (Amendment) (EU Exit) Regulations 2019

Debate between Lord Hope of Craighead and Baroness Parminter

Wednesday 6th February 2019 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I am grateful to the noble Lord for the way he has introduced these regulations. I confess that I came here puzzled by the way Part 2—the amendments of primary legislation—sets out the respective amendments to, on the one hand, the Sea Fish (Conservation) Act 1967 and, on the other hand, the Fisheries Act 1981 and the Marine and Coastal Access Act 2009. You have only to look at Part 1 to see that, so far as the Sea Fish (Conservation) Act 1967 is concerned, the amendment is extremely sparse. We are provided with two adjectives—one adjective is changed for another—without indicating what the altered phrase is in its extended form. In the cases of the 1981 and 2009 Acts, the draftsman has provided us with the complete phrases. For example, Section 3(4)(b) of the Fisheries Act 1981 contains an extended phrase “enforceable Community restriction” and “enforceable EU obligations”. This is being substituted with “retained EU restrictions” and “retained EU obligations”. I found it very difficult, looking at the two lines of the 1967 Act, to know what it was really dealing with because all we have are the two adjectives.

I am grateful to the noble Lord for drawing our attention to Annexe B where the language is expanded—the noun is attached to the adjective—and which explains the situation very well. For those who are interested in parliamentary draftsmanship, it is very interesting to see how the 1967 Act amendment—drafted, no doubt, with the guidance of the Scottish Government’s draftsmen—is able to achieve so much with so few words, whereas the other two statutes have very extended amendments which require quite a lot of reading but are much more intelligible.

I offer these comments to thank the noble Lord for having explained it to me in his introduction, but also by a way of comment on two unusually differing methods of draftsmanship.

[Baroness Parminter (LD)]

My Lords, I thank the noble and learned Lord, Lord Hope, for that point. Like him, I echo my thanks to the Minister and the team for the explanations in Annexe B, which were provided at the request of the Secondary Legislation Scrutiny Committee. It has aided all of us to get a clearer understanding of exactly how these changes to the very discrete area of enforcement powers will accrue if we leave the European Union.

I make no substantive comment on the statutory instrument—it was to the satisfaction of the House’s committees. Last week, in the other place, Minister George Eustice made it clear that there will be just shy of 100 Defra statutory instruments. This statutory instrument deals with a very discrete area of enforcement powers; I know the Minister is well aware of this issue, but there is a much bigger statutory instrument which deals with the policy issues around the many changes to policy which will happen to fisheries should we leave the common fisheries policy. It struck me and other Members as a cart before the horse situation. This is a very discrete element and it would have been helpful to discuss the two statutory instruments together.

Given that there will be some good nature required on both sides of the House to deal with this large number of statutory instruments, it would, at this stage, be wise to inform the department that it would be helpful in future—if possible—for issues which have common policy areas to be debated together.

Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019

Debate between Lord Hope of Craighead and Baroness Parminter

Wednesday 6th February 2019 Lords Chamber

[Lord Hope of Craighead]

The noble Baroness reminds me that I probably should have declared an interest. My wife, who owns horses, benefits greatly from the services of veterinary surgeons and farriers.

[Baroness Parminter (LD)]

My Lords, I am grateful to be able to participate in this debate. I agree with the comments of the noble Lord, Lord Trees, that we all wish our veterinary surgeons to be of the highest standard and it is incumbent on us in this House to ensure that the public have the highest confidence in them. However, I disagree most strongly with his position that Brexit will be good for animal welfare and the veterinary profession.

We need to reflect on the very real challenge posed by Brexit about how we will get the number of vets that we will need in future. I will come on to the specific issue of no deal, where there are particular issues about how we will get the number of vets, but I echo the comments from the noble Lord, Lord Trees, that it would be wonderful if the Government could confirm tonight that vets will be added to the shortage occupation list. This would allay some of those concerns. Given that 50% of normal vets and 95% of vets in slaughterhouses come from Europe at the moment, how we ensure that we get qualified vets in the UK in future is absolutely critical. Although the Minister and the noble Lord, Lord Trees, mentioned that, at the moment, only 13% of applicants come from colleges and veterinary schools around Europe which are not accredited, that is still a significant number and these regulations will create more barriers and fees. On top of that, if the Government keep to their stated immigration limits, there is a real risk that we will not have enough vets post Brexit.

That is particularly the case if we have a no-deal scenario. It was sobering to read the comments of the former Chief Veterinary Officer, Nigel Gibbens, who said that if we have a no-deal scenario, we will need an increase of 325% in veterinary certifications, to deal with the certification of animals and animal products at our ports. That is a major issue, which is relevant to this statutory instrument, as confirmed by the Secondary Legislation Scrutiny Committee. It asked the department how we will ensure we can get more vets should we face a no-deal scenario, with that requirement for 325% more veterinary certifications. The answer the committee received was about this new para-professional job, called a “certification support officer”. This was news to me, and I have to say that, having read the information from the department, I am not really that much clearer about what these officers will do to address the huge shortfall in access to veterinary services if we leave the European Union without a deal. Defra has told the committee that it will not undertake veterinary duties, which begs the question: if these jobs are currently undertaken by vets, what administrative tasks will the new post of certification support officer be undertaking?

Is the Minister confident that these new postholders will be able to do the job? I for one am not clear what it is, but they will have to understand veterinary legislation and all the requirements for giving those certifications. Yet all they will receive is six hours of online training with an exam at the end. I understand that when the RCVS first discussed this with the department and with other departments, they were talking about post-training induction and a probationary period which would be under the direct supervision of a qualified vet. Having read some information online about the certification support officer, I can no longer find any indication of post-training induction or any probation under supervision. These certification support officers will be getting just six hours of online training, yet they will effectively be on the front line at a very important point, as the noble Lord, Lord Trees, says, where we have to assure the public that they can have confidence in public health and animal welfare.

In the supporting material the department makes it clear that it has made no estimation of how many certification support officers might be needed. Yet we know from the former Chief Veterinary Officer that there is an expected 325% increase in the need for veterinary certificates. So why has the department not done any estimation of how many new postholders we will need? Why is there not an impact assessment for this statutory instrument? That seems quite a necessary piece of information for Members of this House to have.

How many of these certification support officers do we now have in place? If we do leave in March, we are going to need these certification support officers, because we do not have enough vets to assure the public that their health, the health of people on the continent and the health of our animals are safe. That is an important point.

The noble Lord, Lord Trees, was right to raise the point about ensuring that our vets have the highest standards. I have been really proud that our country has in recent years been able to send our vets out to parts of Europe which have needed our expertise and our training to ensure that animals’ lives are bettered. We are talking here tonight about how we are going to register vets from other European countries in the UK. What is unclear is how the Government are going to get EU countries to register UK vets. Our vets do wonderful animal welfare work. I remember when I was at the RSPCA—many years ago now—we regularly sent vets out to countries outside Europe but also to places such as Greece, to deal with some of their equine and canine problems. If we cannot get our vets registered, how are our UK animal welfare organisations going to be able to send out our vets to carry on their work supporting animal welfare charities in Europe? It is possible that we will have to set up 27 bilateral agreements with all the other member states, and some of those countries may not be willing to have our vets going over there.