Exiting the European Union (Agriculture)

Nigel Evans Excerpts

Monday 23rd November 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

I beg to move,

That the draft Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020, which were laid before this House on 19 October, be approved.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this we will take the following motion:

That the draft Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020, which were laid before this House on 19 October, be approved.

[Victoria Prentis]

Both these statutory instruments amend retained EU legislation relating to the common organisation of agricultural markets and domestic secondary legislation relating to that area. The first instrument also makes some provision in respect of organic production that will ensure the operability of retained EU law. I should make it clear that the amendments made by the instruments are technical in nature. They do not introduce new policy but instead maintain continuity as far as possible.

The aim of the instruments is to ensure that the relevant retained EU legislation is fully operable at the end of the transition period. The retained EU legislation was previously made operable to the UK as a whole on the basis that the UK left the EU without an agreement. However, as we have left the EU with the withdrawal agreement in place, the retained legislation now needs to be updated to reflect this—in particular, the terms of the Northern Ireland protocol. As such, the majority of the amendments made by these instruments relate to the implementation of the Northern Ireland protocol. For example, they might remove references to Northern Ireland or replace UK references with Great Britain references, as Northern Ireland will of course remain aligned with the EU under the protocol.

Amendments are also being made to a small number of transitional provisions, either to align them with the Government’s border operating model, which introduces new border controls for the movement of goods between GB and the EU in three stages up to July 2021, or because they were introduced on the basis that the UK would leave without a deal and are therefore no longer required. Those provisions concern the import of hops and hop products, notification requirements for the import of beef and veal from third countries, and marketing requirements for hatching eggs and chicks imported from the EU. All other transitional provisions will be retained, with references to “exit day” replaced with references to “IP completion day”.

As Members are aware, agriculture is a devolved policy area and of great importance to all parts of the UK. Although one of the instruments that we are debating is reserved, we worked closely with the devolved Administrations in producing both instruments, and they have given their consent as necessary.

These statutory instruments will help to provide necessary continuity for stakeholders and beneficiaries. They will ensure that retained EU legislation relating to the common organisation of the markets and organic production functions correctly after the end of the transition period, and that we have an operable legal framework that supports farmers and traders and delivers continuity. I urge Members to agree to the amendments proposed in these regulations.

--- Later in debate ---

[Victoria Prentis]

I thank the hon. Members for Plymouth, Sutton and Devonport (Luke Pollard) and for Gordon (Richard Thomson) for their contributions. They asked a large number of questions, and if I do not answer them all, I apologise; it is merely an oversight, and I am happy to take them up offline outside the Chamber.

On the poultry meat issue, I am always happy to confirm that there is no possibility of chlorine-washed chicken entering our food chain unless this House votes for that to be the case, and I really do not see that happening—do you, Mr Deputy Speaker? As the hon. Member for Plymouth, Sutton and Devonport said, the Secondary Legislation Scrutiny Committee in the other place drew the other place’s attention to the Department’s explanation on poultry meat. I apologise; our explanation did not provide sufficient context on the checks relating to poultry meat marketing standards, and that might have caused concern because it was not sufficiently clear. The reason is that on these particular operational indicators, no third country currently uses the standards, so there is no current need to have an operational enforceable system for checking that they are there. That is the reason that that has not been an issue to date. I assure all Members that although the specific matters are not covered by these regulations, the Government remain absolutely committed to high standards, as we said many times during the passage of the Agriculture Bill.

The difference between the poultry meat transition period, which is 12 months, and the fruit and vegetable transition period, which is two years, is to enable us, in a very pragmatic and practical way, to upgrade our IT systems and recruit the right sort of inspectors to do the checks. We are working closely with the EU Commission on that, and nobody should be afraid of the difference between the two. This is merely a pragmatic and appropriate response to an operational issue.

On Animal and Plant Health Agency inspectors, again I would not read too much into the word “calibre”. These are specialist staff, so of course they have to be of the right type. We are working hard to increase their numbers at the moment.

On border control posts, we have always been clear that following the Northern Ireland protocol there would be an expansion of facilities at some entry points where certain controls already take place. We are very much in touch with the Northern Ireland Minister. Indeed, I spoke to him twice last week and I expect to do so repeatedly in the next few weeks.

On the devolved Administrations, we have worked collaboratively with them on these statutory instruments. We have sought formal agreement from them on areas that intersect with devolved policy.

There are of course many ways of describing our produce. We frequently describe produce as being from Oxfordshire, for example. In brief, we expect to use the different terms GB, UK and UK(NI) following Brexit, but this is a very complicated issue. As we reach the end of the transition period, we will set out far more detail about labelling. There is some context in these statutory instruments, but not a great deal that needs to concern the devolved Administrations at this point on the labelling front. Discussions with the devolved Administrations have confirmed our mutual understanding of the UK’s alignment on marketing standards. They have always been very keen to align them, so we can work the internal market properly following the end of the transition period.

On lessons learned, as I said in my opening remarks the good thing that happened last year is that we have left the EU with the withdrawal agreement and the Northern Ireland protocol in place. The statutory instruments, which were done in something of a hurry at the end of last year, included the whole of the UK instead of carving out Northern Ireland, because the Northern Ireland protocol did not exist at that point. It is true that in the rush to have a functioning statute book for the proposed exit day at the end of last year, mistakes were made and references were missed. I think it is right that we take the opportunity to correct those mistakes wherever possible and that is what we have done.

To end, producers and consumers will be well served by the passing of these statutory instruments. They help to ensure that retained EU legislation, which protects our standards and supports our farming industries, remains operable at the end of the transition period. They are technical, but nevertheless crucial in ensuring the effectiveness and continuity of that retained legislation. I therefore commend them to the House.

Question put and agreed to.

Exiting the European Union (Agriculture)

Resolved,

That the draft Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020, which were laid before this House on 19 October, be approved.—(Victoria Prentis.)

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. The sitting is suspended for three minutes.