Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020

Lord Walney Excerpts

Monday 30th November 2020 Grand Committee

[Lord Walney (Non-Afl)]

It is a pleasure to follow the excellent and apposite questions from the noble Baroness. I will add a few questions of my own, and give the Minister the chance in his summation to update us on various issues, many of which I think have been around since the Brexit vote, and certainly since the initial version of the regulations were passed. To my mind, issues in a number of areas remain uncertain.

First, beyond the bald legal changes in the regulations being amended today, is there yet agreement on how they will be made to work across all four countries of the UK without the co-ordinating function of the European Commission? How has that been working over recent months?

I noted that the Minister said in the debate on 22 January last year, when the regulations were initially laid:

“We are proposing that the programme board on non-native species takes over the role of the committee, while the GB non-native risk analysis panel will take on the role of the scientific forum”.—[Official Report, 22/1/19; col. 675]


Has this now been established, and will the Minister update the Committee today on those arrangements?

Secondly, how in practice will the UK continue to co-operate with the European Union on invasive non-native species surveillance and management? This question has been asked in parallel in many different parts of regulation, way beyond the environmental sphere. It is obviously of critical importance. The Minister has stressed throughout this process that there will be close co-operation, as we would expect. However, the effectiveness will be in how these measures work out in practice.

In the world before Brexit, the European Union was central to the Government’s biosecurity strategy. The perusal of the 2014 strategy, as it was laid out, begs a number of questions now about how that close co-operation will work. For example, the EU regulations specified particular requirements for inspections of controlled trades. Do the regulations require that those same regulations are to be followed post Brexit? Is that the Government’s intention, if there is no legal requirement to do that?

Are there now plans for the routine checks of plants and plant material that would previously have been prohibited under the single market rules? If so, what has been set out to do that and what level of resource would be required?

For many years, the European Union plant health regime has applied the risk-based categorisation of material from outside the EU: prohibited, controlled and uncontrolled. Post January, how will the UK regime have regard to that—or is it doing so now? Does it expect to lean on the research done by the European Union? Does it have its own separate analysis? When the regulations were scrutinised last year, the question was raised of whether the UK would have formal access to that analysis and intelligence. At the time, the Minister’s response, understandably, was “Wait and see”. Can he give us an update? How will the plant passport system work post January?

Finally, I want to ask about the prospect of an increased commitment on invasive species that have long been on these islands. When various Ministers, past and present, were selling the biosecurity benefits of Brexit, they talked about it being an opportunity to increase biosecurity levels. I want to bring the Minister back to an issue that was mentioned by the noble Baroness, Lady McIntosh: the grey squirrel. Is this not an opportunity for firmer government support for communities such as those in Cumbria that seek increased support to deal with the grey squirrel, which, in our area and other areas of the UK, continues to endanger livelihoods and the sustainability of the native red squirrel.