Brexit: Food Prices and Availability (EUC Report)

Lord Rooker Excerpts

Thursday 25th April 2019 Lords Chamber

[Lord Rooker (Lab)]

My Lords, this has been an incredibly interesting debate. I had better declare an interest first in being a member of the EU sub-committee. The only relevant interest that I have to declare is that I recently chaired an egg summit for the country’s largest retailer. This is only a guest appearance: my noble friend Lady Jones of Whitchurch cannot be present this afternoon and I said that I would be happy to fill in. There is no way that I intend to wind up, although the noble Earl, who is not now in his place—I do not complain about that—made a remarkable maiden speech. At one point, when he was giving us an incredible practical history lesson, I wrote, “Nothing has changed”. That is the way it seemed to me. But he raised an issue that I will come to in a moment in some detail and for that I am grateful.

On the complaints, the Minister should be able to answer the question about the Agriculture Bill delay. There is no good reason for it. There is also the Fisheries Bill. Everyone is mystified by the inability of his department to progress this matter in the other place.

I want to raise three issues. On the issue of tariffs, which is not unimportant, in relation to Northern Ireland and Ireland, the Government announced on 13 March that 87% of goods were tariff-free and then said that they would not apply tariffs to Northern Ireland for goods coming from the Republic. But there was no explanation about how goods would be treated that came into Northern Ireland and to Great Britain that originated in the Republic of Ireland. This is not a clear-cut matter. It is not black and white. The milk in Bailey’s Irish Cream crosses the border four times during production, so this is a constant flow. It is an integrated system on the island of Ireland. How would goods going from Northern Ireland to Ireland be treated? Would they have to be covered by EU tariffs—yes or no? There is a massive lack of clarity on some basic issues relating to Ireland and Northern Ireland in respect of contact with Great Britain.

I do not think that Defra has had much of a grip on this. I realise that it is a small player. I am not complaining about the department. It is a small part of government and usually gets forgotten until the end of negotiations. People start to think about fishing almost last, and before the very last comes agriculture. All the great issues of state are dealt with and carved up, and the department gets short shrift at the end. But some clarity now about the situation between the north of Ireland and the Republic regarding the Government’s announcement about what they plan to do about tariffs would not be amiss.

I have two other issues to raise with the Minister. Both drop from the report, without going over the history of the fact that we have had to wait a year for it to be debated. The first concerns food prices. It has been raised by more than one noble Lord. There are arguments about what the effect would be on food prices and, like the report, I am not for one minute saying that the increase in tariffs would go straight through to the checkout. It would not. The 22% increase in the average tariff on food would not be anywhere like that. Indeed, senior members inside the Government have said it could be 10% on some products. Others have suggested that World Trade Organization trading would increase consumer prices for food by about 4%. In paragraph 9 of the Government’s response to this report the Minister is quoted. I have forgotten who it was; I think it was George Eustice, but I think the Secretary of State said the same thing:

“The Minister set out in his appearance at the committee”,


that World Trade Organization trading,

“is an extreme scenario … it shows that food prices might go up by about 4%. It is pretty marginal”.

That is the Minister’s attitude. Is it marginal for the poor, those on the lowest incomes?

Defra is a good publication ministry and it is always worth looking at Food Statistics in Your Pocket: Prices and Expenditure. The latest edition I have is dated 26 February this year. Under table 2.1 it states:

“A rise in food prices is more difficult for low income households to cope with because those on low incomes spend a greater proportion of their income on food—a rise in food prices has a disproportionately large impact on money available to spend elsewhere”.


Table 2.2 is very interesting. It shows that, on average, in 2017 households spent 10.6% of income on food. Households in the lowest 20% of equalised income spent 50% more. They spent 15.2% of income on food in 2017, so the relative affordability of food is definitely not good for the poorest. The table clearly shows that gap.

Table 2.3 shows that income after housing costs fell by 10.7% between 2002-03 and 2016-17 for low-income households. The same table shows that over the same period food prices increased 4.3% in real terms, so for households with the lowest 20% of incomes, incomes fell by 10% over the same period as food prices went up by 4%. We already know that such households spent 50% more of their total income on food than the average, and the Minister says 4% is pretty marginal. That is a really “do not care” attitude as far as the poor are concerned.

I was going to use the Trussell Trust’s information for last year—2017-18—when it distributed 1,332,952 three- day emergency food supplies, which was a 13% increase on 2016. Today it has produced figures showing that last year it distributed 1.6 million food packs, a 19% increase on the previous year, so food prices are crucial for the low paid. As someone said, it probably does not bother many people in this House, but no one in government appears to care. Benefits are being cut, and universal credit is an absolute disaster, as I know from my work on the Secondary Legislation Scrutiny Committee, and nothing seems to be being done there. There is a major crisis here. Teachers are spending their salaries on buying food for children. The graphs are all going the wrong way. The income of the lowest paid is going down and food prices are going up. It does not matter whether it is 4% or 10%, I do not call it pretty marginal for that section of society. It would be really nice if the Minister, for whom I have tremendous respect, showed he cared about it. Of course, whether he can do anything about it is a different kettle of fish.

My second and final point involves the Minister. At one time, I kept a list of all the comments he had made about food standards and Brexit. He has hung himself out at the Dispatch Box on probably a dozen occasions in the past couple of years. I draw his attention to the Government’s response to this report. Paragraph 48 states:

“Any new products wishing to enter the UK market must comply with our rigorous legislation and standards—we will not compromise on animal welfare and food safety”.


The second sentence of paragraph 50 states:

“We have no reason to believe that other third countries”—


“other” because we will be a third country when we are out—

“cannot meet our high standards, and this will be a condition for any market access granted as part of future trade agreements”.

Incidents happen at Question Time. A very convoluted exchange at Oral Questions in this House on 19 March started with a Question from the noble Baroness, Lady McIntosh of Pickering. The Minister was questioned by my noble friend Lord Cunningham and one or two others in relation to tariffs that the Government have produced in relation to eggs. Because of the convoluted nature of the exchange and what looked like a contradiction, I tabled a Written Question to the Government, and the Minister answered it. I asked about the apparent contradiction in the announcement of farming tariffs and the operation of Council Regulation 5/2001 from December 2000 relating to marketing standards for eggs. When I came back to the House on Tuesday, I saw the Answer from the Minister on my desk. I have not tracked it down in the printed Hansard, but I have here the one with his signature on it, so it will do. It is House of Lords Question 14741. The Minister answered:

“The Government remains committed to high standards of animal welfare and food safety. In the event of no deal, existing UK import standards will still apply and the level of tariff applied does not change what can and cannot be imported. Furthermore, existing EU egg marketing standards will be retained in UK law once we leave the EU. Where the UK cannot sufficiently guarantee that imported eggs are equivalent to these Regulations, the eggs must be clearly labelled as not meeting the UK standard. This will provide the necessary clarity to enable consumers to make informed purchasing choices”.


Frankly, I think the Minister should start to regret ever signing that Answer because he has actually admitted that following Brexit the Government are prepared to allow food products into this country that do not meet our standards, and that they would be put on sale with a notice saying that they did not meet our standards. One thing is a cast-iron cert: they will be cheaper than home-produced products and people will buy on price. That is the point of the supermarket. When you are in the lowest 20%, you will buy on price. I do not understand how the Minister could have signed that Answer, which contradicts every statement he has ever made about us not allowing food into this country that does not meet our standards. What he has effectively said is that such food does not meet our standards or our regulations, but we will allow it in and we will label it saying it does not meet UK standards. I do not deny that it would not be on sale if it was not safe. I am not arguing the safety argument; I am arguing the standards argument because it contradicts everything he has ever said. How can a government Minister at this stage in Brexit, with all the debates that we have had, knowingly sign off an Answer like that? It is bad enough that he was presented with the Answer in the first place, but he signed it off when he must know that it contradicts every speech he has ever made here about maintaining our standards. I look forward to his response when he has further advice.

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

My Lords, I always think that it is very important to have further advice when something is technical. However, I open by declaring my farming interests as set out in the register.

I am of course most grateful to the noble Lord, Lord Teverson, and all the committee members for this Select Committee report on food prices and availability post EU exit. I do not think that the delay to this debate has diminished the quality of our considerations or the subject matter of the report, in that it has provided a long fuse and has helped the department.

I am particularly delighted that the noble Earl, Lord Devon, has chosen this debate to make his wide-ranging, powerful and historic maiden speech. I join your Lordships in very much looking forward to further contributions from him, when his experiences of rural Devon and beyond will be of much interest and value. I do not propose to engage in a discussion about Cornish and Devon cream interests, but I noted that exchange.

At the time of publication, the Government welcomed the report and the issues it raised, such as tariffs and animal welfare. A number of them have helped shape, and continue to help shape, the work of my department.

The report’s first recommendations refer to the need to negotiate new free trade agreements that allow the continuation of tariff-free imports of food from the EU and to roll over existing agreements. I say to the noble Lord, Lord Bilimoria, that we agree: the Government want us to leave the EU with a deal. Clearly, as most of your Lordships have understood, we have, as all individual departments have prudently done, prepared for any outcome, and that has involved considerable work with business and stakeholders. That is why the Government announced on 13 March a temporary tariff regime that would apply if the UK were to leave the EU without a deal—a point referred to by the noble Viscount, Lord Hanworth.

In developing that temporary—I emphasise, temporary—tariff regime, we were deeply mindful of the risk of increases to consumer food prices that the committee highlighted in its report. The noble Lord, Lord Rooker, and other noble Lords are absolutely right: food prices are of critical importance to us all but they have a dramatic impact on the most vulnerable in our country. The Government brought forward this regime for a no-deal scenario with the aim of mitigating any price increases that consumers might face from tariffs by setting tariffs to zero on 87% of total current imports by value. I say to the noble Lord, Lord Teverson, that that point, highlighted in the report, was immensely valuable. The report was published some time ago but this temporary tariff regime was designed, and will continue to be designed, to ensure that we look to the interests of the consumer.

A number of historically protected agricultural sectors—beef, sheepmeat, chicken and other poultry, pigmeat, milled rice, butter and some cheese products—would have their tariffs maintained under this temporary tariff regime. I say to the noble Earl, Lord Devon, that we have sought to find the right balance on the question of clotted cream, liberalising tariffs to maintain current supply chains and avoiding an increase in consumer prices. Cornish clotted cream will, however, continue to receive the protection of a geographical indication in the event of no deal, although I say in particular to the noble Lord, Lord Bilimoria, that we are all working for a deal.

I say to the noble Viscount, Lord Hanworth, that we have sought a policy that strikes the right balance. He referred to farming interests. As I said, we have sought the right balance between exposing sectors to an unreasonable level of disruption and liberalising tariffs to maintain the supply chains and avoid consumer price increases.

The question of Northern Ireland was raised and there are a number of considerations here. Diverting goods through Ireland solely to avoid tariffs would of course be unlawful. Although the vast majority of taxpayers are compliant, we recognise that there remains a minority who may well seek to breach the rules. HMRC remains committed to promoting compliance and tackling avoidance, and it will take steps to ensure that, should there be a temporary arrangement, this is not abused.

Regarding the questions raised by the noble Lord, Lord Rooker, I will look at Hansard because, given the time, I need to give a more detailed reply. However, in terms of Northern Ireland goods going to the Republic of Ireland, the UK Government would be able to take unilateral measures, although we could guarantee only those steps under the control of the UK Government. Although we do not wish this to happen, if at any point we are in a no-deal situation, we are committed to entering into urgent discussions with the European Commission and the Irish Government to agree jointly long-term measures to avoid the hard border—something that we must surely seek to do.

On the continuity of existing trade agreements, the committee also expressed concern about the potential impacts that failing to roll over EU free trade agreements could have on the price and availability of food in the UK. In the event of the UK leaving the EU with a deal, the EU has agreed to notify partners with which it has a free trade agreement that the UK should continue to be treated as though it were still a member state during the implementation period. Similarly, during the implementation period the UK would continue to apply the EU’s common external tariff, including the preferential tariffs and quotas applied to imports from the EU’s FTA partners. This would mean that imports of food from these countries would be able to continue on current terms.

I say to the noble Lord, Lord Bilimoria, that we have signed agreements with countries accounting for more than half of the UK’s total trade with EU FTA partners, and we continue to progress remaining outstanding agreements. Discussions with many other countries are at an advanced stage and we are still working to secure as many continuity FTAs as possible. We will of course inform Parliament and businesses as soon as we conclude agreements with partner countries. As the UK will charge no tariffs on imports of many goods, even where no free trade agreement is in place, the impact on UK food prices of not rolling over agreements will be smaller than it otherwise might be.

The noble Lord, Lord Teverson, asked about the WTO and the splitting of TRQs. WTO members which disagreed with the way that the TRQs had been split have had an opportunity to lodge their objections. There will now follow a formal process of negotiation with those countries.

On non-tariff barriers, the report covers the need for the frictionless import of food to continue. Defra is, and remains, actively engaged with the cross-government Border Delivery Group on the different activities. These include, for example, ensuring flows across the border of passengers and their pets, food, live animals, fish, animal products and endangered species, as well as the movement of parcels and freight. Working with the Border Delivery Group, our objectives for the border reflect the Government’s objectives in all scenarios—an efficient border facilitating food supply that protects the nation from biosecurity risks and enables our food and farming industry to flourish through trade internationally.

Upon the UK’s exit from the EU, for animal, animal product and high-risk food and feed imports no new border checks will be introduced except for certain goods that come from third countries and travel through the EU before they arrive in the UK. This is a continuation of the pre-EU exit arrangements, which we know manage disease risk effectively. I am glad that the noble Lord, Lord Teverson, raised biosecurity. As the Minister with responsibility for biosecurity, I would certainly not accept any diminution in our biosecurity standards.

To minimise disruption for users, allow the continued movement of goods and help maintain our biosecurity and food safety, Defra has developed a new system for imports: the import of products, animals, food and feed system—IPAFFS. This system is ready to be launched as required. In order to facilitate the continuous flow of trade at all UK ports, we have been working to ensure that the border is sufficiently resourced in any scenario. Defra officials have visited and maintained contact with all the major ports and airports. We have carried out detailed discussions with these ports and other stakeholders to ensure that they are prepared. Our preparations mean that we are confident that processes for dealing with imports of food will not impede the flow of goods through UK points of entry after exit.

The noble Lords, Lord Teverson and Lord Carrington, asked about the national food strategy. The Government are committed to publishing a national food strategy once we leave the EU. This work is still in a scoping stage and I cannot prejudge its focus, but we expect it to cover the entire food system from farm to fork.

The noble Lords, Lord Rooker and Lord Carrington, and the noble Earl, Lord Devon, asked about the Agriculture Bill. I am looking forward to debating the intricacies of that Bill with your Lordships. I hope that we will bring the Bill to your Lordships’ House as soon as possible. We certainly want this legislation. It will help our farming, horticultural and forestry sectors become more profitable, and help sustain our precious natural environment.

I was pleased that the noble Lord, Lord Teverson, raised the issue of self-sufficiency in today’s debate as well as in the report. This country is certainly capable of producing more of its own food. Indeed, the noble Lord, Lord Carrington, raised this. Our country has a high level of food security built on a diverse range of sources including strong domestic production, where we are entirely self-sufficient in oats, barley, milk, sheep and lamb. I say to the noble Viscount, Lord Hanworth, that I cannot see any scenario in which we would seek no imports from any other country. We realise that we are not in a position to grow and rear certain products in this country which we know that British consumers want to continue to enjoy. The noble Earl, Lord Devon, also raised the issue of our domestic produce. I say categorically that we have the best agricultural and horticultural products in the world. We want to encourage our domestic producers to continue to produce high-quality homegrown food.

The noble Lord, Lord Carrington, raised another important point, about how we use science and put the latest scientific discoveries into practice. Historically, this country has been renowned for some of its agricultural innovation; that is why I am pleased that the Government committed £160 million to the five-year agri-tech strategy in 2013. We will also continue to support British food and agricultural innovation through the £90 million Transforming Food Production initiative. It is also important that we have committed to maintain the level of farm support until the end of this Parliament.

On the issue raised by the noble Lord, Lord Carrington, about the Agriculture Bill and productivity—self-sufficiency in particular—the Agriculture Bill contains specific provisions targeted at supporting farmers and growers to improve their productivity by helping them access new equipment and technology. Farmers will be able to benefit from the latest agricultural practices and techniques to aid in the production of food.

There is also the issue of food as a public good. Public goods are defined in economics as having specific characteristics in terms of the operation of the market. Food does not have these characteristics and is not a public good; it is a market good. It is bought and sold by producers and consumers, and consumers are able to make choices about the food they buy. As Defra Ministers have previously stated, we are giving serious thought to how we might address concern around food production and security when the Agriculture Bill progresses.

The noble Lord, Lord Teverson, raised the issue of sufficient labour. Defra has put in place a number of processes to ensure that seasonal employment numbers are not adversely affected. For example, up to 2,500 non- EEA workers will be able to come to the UK this year and next for seasonal employment in the edible horticultural sector under a new pilot scheme.

The noble Lords, Lord Rooker and Lord Teverson, and the noble Earl, Lord Devon, raised the subject of food prices. The truth is that prices are affected by weather, transport logistics, exchange rates and fuel prices. While of course the Government do not control these factors—indeed, noble Lords may recall, for instance, that just last week the press reported on the impact of last year’s weather on food prices—we work closely with industry to provide transparency for consumers. As I have already detailed, the Government are doing what they can to reduce non-tariff barriers, support our farmers and transition trade deals to control prices.

I am conscious of time, but I turn to the question of standards. I will reiterate to the noble Lord, Lord Rooker, what I have said, although I might want to offer a more detailed reply on eggs—in fact, I have one here. Almost all our domestic egg production is from domestic egg producers. We think they are well placed to continue to meet that production. Existing EU egg marketing standards will be retained in UK law once we leave the EU. Where the UK cannot sufficiently guarantee that imported eggs in shell for consumption are equivalent to these regulations, these eggs must be clearly labelled as not meeting the UK standard. This will provide the necessary clarity to enable consumers to make informed purchasing choices. EU egg marketing standards relate to methods of production such as free range or barn; they do not relate to hygiene standards.

I will look at what I have said in my Answer because I want to place on record that I do not make the point about standards lightly. It is precisely, and I am happy to say—

[Lord Rooker]

I would like to give the Minister an opportunity. It would be quite acceptable to me and, I am sure, the rest of the House if he withdrew that Answer and gave a more considered one. One way or another, that Answer makes it quite clear that unregulated food products that do not meet our regulations—once the doors open others will try it—will come into this country. That is something that we have said we will not put up with.

[Lord Gardiner of Kimble]

I am certainly prepared to engage in close scrutiny with officials to ensure that the words in my reply to the noble Lord are as I would require: that we are clear that we will not have trade arrangements with countries that would be contrary to our own requirements and standards. As I have said, all the EU legislation, through the work your Lordships did in the withdrawal Bill, will be coming on to our statute book when we leave. I am most grateful for the noble Lord’s generosity in taking me to task, perhaps, but giving me the opportunity of a reprieve.

I want to emphasise welfare and environmental standards, while allowing for the shortness of time. A number of noble Lords have mentioned climate change. It is absolutely clear that we need to multi-task. We are a country that has been recognised—I had at one time the climate change adaptation brief—as one of the most successful in terms of reduction of carbon among the G7, as a sophisticated economy. We have a very strong record on that. We need to build on it. I fully recognise that we need to ensure that we tackle these areas as well as the weighty matters of the Fisheries Bill, the Agriculture Bill and the forthcoming environment Bill. The environment Bill is clearly part of what we need to do, not only for the UK and our overseas territories but in terms of the contribution we make globally.

The noble Lords, Lord Palmer and Lord Rooker, raised the point that the average UK household spends 10.6% of its income on food. Again, I want to place on record that food banks are inspirational and deserve all the recognition they receive. That response from civil society and, often, from faith groups to support vulnerable people is one of the extraordinary elements of this country, where we do so much volunteering. With £95 billion a year being spent on welfare benefits, we have to get this right; that is a lot of money. We need to make sure that it gets to the right people, and fast. Wherever possible, we need to continue the work of the food banks. I find those figures impressive in one sense, but immensely worrying and depressing in another.

We have had a fascinating debate. I have gone over my time, but surely the subject matter was worthy of that. This is not a timed debate, so all I have to do is apologise to my excellent Whip. I am most grateful to the noble Lord, Lord Teverson, particularly for his patience and that of the committee, in that we are having what has been a very interesting debate—including an outstanding maiden speech—at a time when there is a lot more work to do. This report raises subjects that will be of continuing relevance and importance.