Leaving the EU: Chemicals Regulation

Nigel Evans Excerpts

Thursday 1st February 2018 Westminster Hall

[Dr David Drew (Stroud) (Lab/Co-op)]

I am delighted to serve under your chairing, Mr Evans. It is good to see the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Suffolk Coastal (Dr Coffey), back in her place; I fear that we may spend some time in statutory instrument Committees, including on this topic. I congratulate my hon. Friend the Member for Wakefield (Mary Creagh), Chair of the Committee, on a thoughtful presentation. I do not intend to repeat much of it, because I think that the Minister has got her train of thought and will be answering some of her points.

I commend my hon. Friends the Members for Penistone and Stocksbridge (Angela Smith) and for Bristol East (Kerry McCarthy) for their speeches, and my hon. Friend the Member for Stretford and Urmston (Kate Green), who made an intervention. The hon. Member for Gordon (Colin Clark), although he is no longer in his place, made a good contribution, and the hon. Member for Falkirk (John Mc Nally), who spoke for the Scottish National party, also raised numerous pertinent points.

The report is good and, I must say, pithy. I enjoy Select Committee findings when they can be read within a relatively short time; I always think that the shorter they are, the better the quality. That would be fine, except that the Government’s response was even shorter and, I am afraid, not as pithy, in the sense that it did not get to the point of things, except one bit, which I will ask the Minister about. The Government say:

“The government will use the Repeal Bill (The European Union (Withdrawal) Bill) to convert EU law into UK law and use the powers to amend REACH, as well as other related chemicals regulation to make them work properly in the UK.”

Can I assume from that that REACH is still the preferred methodology for dealing with chemicals? That is important. As far as I understand it, this is an interesting issue, because the Department for Environment, Food and Rural Affairs is only one part of it, and the Department for Business, Energy and Industrial Strategy also has a strong interest. I gather that the Secretary of State for Business, Energy and Industrial Strategy has more or less intimated that he also wants some continuation of the relationship to REACH. Is that our starting point? That is my question for the Minister, because all other factors follow from that. The issue is important. Interestingly, this excellent paper from the House of Commons Library on Brexit and the environment uses REACH as an example of the implications, because it will have a pretty big impact on our industry, but also on how we feel safe with chemicals.

The report preceded the general election, even though the Government’s response came after it, so we must consider something a bit more recent—the 25-year environment plan, in which three pages are allocated to chemicals. It makes some clear commitments. On page 100, the Government commit to four actions. The first is:

“Publishing an overarching Chemicals Strategy to set out our approach as we leave the EU.”

When? The second is:

“Exploring options to consolidate monitoring and horizon-scanning work to develop an early warning system for identifying emerging chemical issues.”

How will that be done? The third is:

“Considering how we will address tracking of chemicals in products to reduce barriers to recycling and reuse whilst preventing a risk from harmful chemicals.”

Who will do that? If not Government, will it be done in partnership? The fourth is:

“Working internationally to strengthen the standardisation of methods that assess chemical safety in support of the mutual acceptance of data to identify and share information on emerging concerns and new approaches to risk assessments.”

If not REACH, what could it possibly be?

We have already talked about double registration, the impact on jobs and investment and the possibility of relocation. All four of those actions impinge closely on how the industry will evolve, so it is important for the Minister to give us at least some way forward on how the Government are tackling them. Like my hon. Friend the hon. Member for Wakefield, I read the previous Brexit impact assessment—are we allowed to call it an impact assessment now? Like everyone else, I do not know whether the Minister has seen the one on chemicals; presumably it would have been referred to in the latest documentation, which we have been debating this week. It is important to know that the industry will feature, because it is important.

In terms of where we are, it is not just a question of the chemical industry. As my hon. Friends have made clear, it is about how that locks into all sorts of other industries, such as the food chain, health and medicines and animal welfare. That is important, because every time I sit next to someone from those industries, all they say to me is, “Is there any certainty? Is there any way we can make decisions? We don’t know what we’re going to do, because we get nothing but confusion. We need some clarity.”

It is not just about the industry. My hon. Friend the Member for Bristol East discussed some of the implications when things have gone wrong. I mention organophosphates, to pick up an issue after not having been here for some time. I am dealing with a constituent who suffers from organophosphate poisoning. It has nothing to do with the Minister—it predates both her Government and mine, although it involved mine—but we all know that when regulation goes wrong, people suffer. For someone facing the repercussions of OP poisoning, it is awful. That is why we must get this right. It is a matter of human safety and, eventually, someone’s life experience, so it would be good to know that this issue is at the top of DEFRA’s agenda, and that the Department is talking to BEIS to ensure that we get it right.

I have a series of questions. I will go through them quickly, but they are important. First, the European Chemicals Agency, the current chemicals regulator, has extensive databases. Are we talking to the ECHA about how we could still access those databases after exit day? Secondly, I have already referred to the overarching chemical strategy. Is there a timetable? I know that it has been said that it will not happen until after exit day, but there must be some clear steer on what the timetable is. Thirdly, will the Department be transparent and publish what it is doing and thinking about how those procedures will be taken forward?

Chemistry World published a story—whether it was a leak or an inspired story—that said that Government had set aside £5.8 million for an IT system to look at the registration and regulation of chemicals. Can the Minister confirm that? Is that in addition to REACH or a replacement?

I have mentioned the Business Secretary’s view that REACH is something we need to build on rather than replace. It would be useful to know whether the Department is talking to BEIS about how that will happen.

The Department’s research is hopefully now focused on this issue. Does it have sufficient civil servants and sufficient expertise? Is it drawing in other outside expertise? It is very important to draw together to ensure that whatever the outcome, we get this right.

Finally, can the Minister assure me that there is no intention to lower standards? The bottom line is that it cannot be any worse, for the reasons that we have discussed: people suffered when we got it wrong, and the industry needs stability and security. The Minister has plenty of time to respond, and I look forward to hearing her answers.

[Mr Nigel Evans (in the Chair)]

I remind the Minister that it is customary to allow a couple of minutes at the end for Mary Creagh to sum up.