Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019

Lord Knight of Weymouth Excerpts

Wednesday 27th February 2019 Grand Committee

[Baroness Parminter (LD)]

My Lords, given the plethora of issues raised by colleagues around the Committee, I am just going to focus on one additional matter that has not been raised either here or in the Commons. It relates to the welcome introduction from the Minister, who made it clear that this is a technical statutory instrument; my disappointment is that it is not more substantial. My question, which I will expand on a bit, is: if the Government are really serious about banning circuses with wild animals, why did they not take the opportunity in this statutory instrument to ban the importation of circuses that do just that?

The Minister made it clear—and the EM made it absolutely clear—that we are not under any legal obligation to adhere to the EU rules for trade following exit. This is a unilateral decision. The Secondary Legislation Scrutiny Committee also made it clear that it hoped that this Committee would scrutinise the department’s choice of unilateral recognition of current import arrangements. As other Members have made clear, our own animals may not be able to be exported if we are not accepted as a third country, and even if we are accepted as a third country, it may take some time. The noble Baroness, Lady McIntosh of Pickering, has heard six months; newspapers at the weekend suggested nine months. There could be a considerable time lag and administrative burden on pet owners and commercial exporters of equines and dogs, and yet we are unilaterally saying that anybody who has a circus with wild animals can happily bring them in.

The Minister made clear in his opening remarks that this is all about making it easy for business to trade with the UK post Brexit. However, we know that circuses with wild animals are cruel. The majority of the population oppose them; in Defra’s own recent consultation on the matter, 95% of the consultees said they wanted them banned; and Scotland and Wales have banned such circuses. I appreciate that this statutory instrument is only about circuses with wild animals coming into the country, and to be fair, none has done so in the past few years. However, acts and trainers may move around, and resident UK circuses can bring them in. The somewhat inappropriately named Great British Circus brought in some elephants just a few years back. That is elephants, lions, tigers and bears cooped up in small mobile cages, travelling around Europe, coming with the consent of this SI to the UK.

The Secretary of State, Michael Gove, has said that he will ban circuses with wild animals:

“as soon as parliamentary time allows”.

My question, therefore, is: why was this SI not looked at as a possible vehicle? On page 19, Regulation 18 sets out quite clearly the conditions that have to be met by circuses bringing animals into the United Kingdom. Paragraph 3(b), which Regulation 18 inserts into Article 4 of the EU regulation, requires:

“a register of animals in the circus in accordance with the model laid down in Annex I”.

I have looked at Annex I, which is a one-page document, and in box 2.4 you have to identify the “Species” that you are bringing in. I am no lawyer, but a little asterisk about not allowing wild animals might have been something that the Government could at least have thought about.

The Minister will say, I suspect, that any such amendment goes beyond what is required to maintain the operation of the law after EU exit. However, the Government have made changes in other statutory instruments. The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 proposed removing,

“unnecessary legal burdens on industry”.

So, we can take out burdens on industry but we cannot protect animal welfare. Will the Minister tell us whether Defra discussed the potential for using this statutory instrument to halt the importation of circuses with wild animals? Specifically, did it take any legal advice before it laid the instrument to achieve just that?

Unless there are overwhelming legal reasons why this has not happened, we will be forced to believe that, when the Government have to choose between supporting trade and supporting animal welfare, we know where they will go. It gives us little confidence that, in future deals, animal welfare, which we all hold so dear, will be upheld.

[Lord Knight of Weymouth (Lab)]

My Lords, in harmony with our commitment on the Labour Front Bench to recycling, I am speaking for my party in a guest slot. These regulations are complex and somewhat impenetrable—I think I drew the short straw—so I am afraid they raise many questions, some of which may be related to, but not directly affected by, these regulations. I hope the Minister will forgive me for that. Personally, I very much support the points just made by the noble Baroness, Lady Parminter, on circus animals.

According to figures that I have seen, products of animal origin and live animals imported to the UK are valued at over £19.3 billion each year. Of this, 80%—about £15 billion, which is twice the amount suggested by the noble Baroness, Lady McIntosh—comes from trade with the EU. This covers an area of huge significance to our agricultural economy and the economy as a whole; given its effects, it also risks a further nudge for the nation in the direction of veganism should the trade be too much disrupted.

As we have heard, the UK will be treated by the EU as a third country if we leave without a deal. The SLSC recommended that the SIs be subject to the affirmative procedure, and I welcome the Government’s decision to accept this recommendation.

Without listed status, no exports to the EU can take place. Defra’s no-deal technical notice confirmed that,

“The EU would require the UK to be a listed third country”,


and it could not,

“be certain of the EU response or its timing”,

for an application. Without this,

“no exports … could take place”.

Can the Minister tell us what the usual timeframes are for dealing with third country applications? As we have heard, there are concerns that this could take up to nine months.

In order to be prepared for all possible outcomes, we understand that the UK submitted its application for listing as a third country in November. Can the Minister assure the Committee that the UK’s application will be granted? Have the Government formally requested that the UK’s application be expedited? Is the Minister 100% confident that, in the event that we leave the EU on 29 March with no deal, the approval for the export of live animals and animal products will have been granted in time for day one? If not 100% confident, what level of confidence does he have, and how will that change if there is a delay—to, say, June—for a no-deal exit?

The NFU says it has been told informally that, although Britain is in complete regulatory alignment with the EU, if there is no deal the same health checks that countries such as China and the US undergo will apply to UK suppliers. This would mean that 6,000 meat processing plants that export to the EU would have to undergo individual audits by British authorities. These would be checked by EU officials and then put to a standing veterinary committee for approval, a process that the NFU has calculated will take six months, “at a conservative reading”. These checks will also be conducted on any other companies supplying food and drink to the EU, including those exporting bottled water, honey, jam, dairy and other fresh foods. Does the Minister agree with this projection by the National Farmers’ Union? What is his assessment of the impact on the viability of food and drink businesses in the UK in the short and long term if that is the case?

I turn now to model certificates. Paragraph 7.2 of the Explanatory Memorandum states that the instrument,

“has provision to allow existing forms of model certificates to continue to be used for transitional purposes for such period as is published by the appropriate authority”.

I would love it if the Minister could expand a little on this. Is it dependent on the transition period following a deal, or can this also apply in the event of no deal? The use of the word “transitional” is quite confusing in that respect.

Then there are border checks. Under EU law, all animal and agri-food, including animal feed and plant produce, has to go through health checks. However, the necessary border inspection posts do not exist at, for example, Calais. This is because those checks have not been needed for anyone trading within the single market. The nearest border inspection posts are in Zeebrugge and Rotterdam, which have historically acted as the gateway for non-EU traffic, or Liverpool on the route to Ireland. Does the Minister envisage placing UK officers in Rotterdam, or will we reply on post-import checks within the UK?

--- Later in debate ---

The noble Lord, Lord Knight, also referred to BIPs. Consignments originating in the EU will not initially be required to enter the UK through a border inspection post. For this reason, we do not anticipate a significant increase in demand for BIPs at UK ports receiving ferries coming from the EU. This is based on our assessment that, as there were requirements within the EU for food safety and so forth when we were a member, this is a sensible and pragmatic approach.

[Lord Knight of Weymouth]

Before the Minister moves off border inspection posts, can he comment on the role of BIPS in terms of exports, whether we have sufficient capacity and whether the scenario I painted in respect of Northern Ireland is accurate?

[Lord Gardiner of Kimble]

On the particular points about exports, my understanding is that, from the point of view of port authorities and others such as port health authorities, the ports feel that they have sufficient resources to handle imports and exports. However, I think it would be helpful, particularly given my noble friend Lady McIntosh’s points about exports and imports, if after this debate I produced one page on imports and one on exports as to how the geography looked.

On the noble Lord’s question about import notification systems, with us no longer being part of EU TRACES, the noble Lord is right that we will introduce our own system for import notifications and controls: the Import of Products, Animals, Food and Feed System. IPAFFS will allow importers, or agents acting on their behalf, to create an import notification and legal declaration of consignments bound for the UK before arrival. The notifications will be received by the port health authorities, which can then recall checks on the system. IPAFFS is being released in phases, with testing already under way, and will be available for those importing from outside the EU from day one.

However, as the noble Lord has said, UK importers importing from the EU will need to use a separate electronic process until the summer of this year. My note here says, “Why the delay?”, so I should say that the highest-risk goods such as live animals, germplasm and certain animal by-products currently require an ITAHC validated by an official vet in the EU member country on TRACES. The UK is then notified of the movement and required health assurances to follow risk-based post-import checks. To ensure certainty for businesses, and to ensure IPAFFS’ delivery for non-EU imports from day one, Defra has decided to remove EU imports from the system until the full functionality is available in the summer. As a result, UK importers importing from the EU will need to use separate electronic system processes, as I have said.

Detailed guidance is to be published very shortly. This process is expected to involve importers downloading forms from GOV.UK and emailing them to the APHA to process ahead of any import arriving in the UK. The rules on the documentation required for travel are unchanged. The APHA will continue to arrange post-import checks on high-risk consignments and sample checks on low-risk consignments, as it currently does. In other words, the same arrangements on checking would continue. I sense that the noble Lord has another question.

[Lord Knight of Weymouth]

I am terribly grateful. I understand that there is a need for the new system to be fully functional—I guess, to be able to have the right integration with TRACES. The question then is: if it is just an interim system, is it already in existence? Is it being tested? Can we have some assurance that it will work smoothly? The new one is not fully functional yet there is some magical interim solution that is going to work, which seems a little odd to me.

[Lord Gardiner of Kimble]

Again, the best thing I can do is to ensure that I get this absolutely right. We are undertaking this in the phase I described to ensure that importers know which system they should use and have a guarantee that the system works. The system we are bringing in—IPAFFS—is being tested and is working. Dialogue and engagement with importers is under way. We thought it pragmatic to ensure a straightforward interim system for importers from the EU, until I can give your Lordships an absolute assurance that IPAFFS will work for the full range of them. Most importantly, this ensures that the level of checks will not change, so high-risk consignments will benefit from the clarity of checks and low-risk consignments will face the same arrangements.

[Lord Knight of Weymouth]

What is the interim system?

[Lord Gardiner of Kimble]

It will be pulled off GOV.UK and sent to the APHA, in the same way as it would be checked in arrangements from the EU where the EU standards will be the same as ours from day one.

My noble friend Lady McIntosh mentioned EFSA. Obviously, these decisions will relate to negotiations. The FSA undertakes robust risk assessment and provides evidence-based risk management advice and recommendations for future food and feed safety issues. The FSA has built its capacity for risk assessment and risk management. The independent scientific advisory committees are being strengthened by recruiting new experts to establish three expert groups. The FSA has already expanded its access to scientific experts providing advice and other scientific services to inform our work. However, again, it is not in my gift to talk about EFSA. It is a matter for negotiations at a later stage.