Draft Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 Draft Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 Draft Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019

Debate between Ranil Jayawardena and Robert Goodwill

Monday 25th March 2019 General Committees

[Mr Goodwill]

As a farmer, I mention my entry in the Register of Members’ Financial Interests. The matters in these statutory instruments are closely related, and I thank the Committee for expediting matters by considering them together.

The instruments amend retained EU law and domestic legislation, setting down the detailed rules for the common organisation of the markets in agricultural products, to ensure their smooth transition into a domestic regime. They are distinct from the instruments being debated in the House tomorrow that amend the overarching framework legislation for those detailed rules. The amendments in the instruments will maintain the effectiveness and continuity of retained EU law and domestic legislation that would otherwise be deficient following our exit from the European Union. They will ensure that the transition from a regime governed primarily by EU law to one governed by domestic law causes minimal disruption for businesses and stakeholders.

[Mr Ranil Jayawardena (North East Hampshire) (Con)]

The Minister talks about making sure that domestic law and the provisions of the statutory instruments do not make problems for businesses, but the Quality Standards for Green Bananas (England and Wales) Regulations 2012 are one of the measures that the statutory instruments tackle. Can he assure us that he will not allow the example of bendy bananas being ruled out from sale to continue when we have our freedoms, and that the statutory instruments do not lock us into the wrong regulations?

[Mr Goodwill]

I am tempted to speculate, as some newspapers in this country did, about EU regulations on bendy bananas, but much of that was wide of the mark. Bananas are exported in their green state and turn yellow as they approach the market. If one keeps them for too long, they turn brown. As part of our policy on minimising food waste, if anyone would like Mrs Goodwill’s recipe for banana bread, I would be more than happy to provide it. There are regulations in place to ensure that consumers are not sold produce that is below the standard. The shape of a banana has little relevance to the eating quality, except where some diseases of bananas cause abnormal curvature. I did my banana homework before we started.

This legislation is technical in nature and limited in scope. We are upholding standards and maintaining processes. This instruments make appropriate corrections to ensure that the standards and processes continue to operate in a UK context. Where changes are required, we have endeavoured to ensure that they will have limited impact on businesses and other stakeholders. We have consulted extensively with the devolved Administrations on the instruments to ensure that the legislation on the common organisation of agricultural markets continues to work, while respecting the devolution agreements.

Two of the instruments under debate—the draft Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 and the draft Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019—apply across the UK and operate in areas of devolved competence, with powers being transferred to the devolved Ministers. In many cases, the Secretary of State is able to act on behalf of the devolved Administrations, should they give their consent.

However, in some circumstances, that does not apply to Wales. Due to certain provisions specific to the Welsh devolution settlement, allowing the Secretary of State to act on behalf of Wales in certain instances would have implications for Wales’ devolved competences. The Welsh Government have carefully considered whether the Secretary of State should be able to act on their behalf in respect of each of the functions concerned, and the drafting of the instruments reflects the outcome of that consideration.

The draft Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 amend a suite of domestic statutory instruments and have the same territorial application as the regulations they amend.

The draft instruments concern the common organisation of agricultural markets, more commonly referred to as the CMO. The CMO sits in pillar 1 of the common agricultural policy alongside direct payments, and was set up as a means of meeting the objectives of the CAP—in particular, to stabilise markets, ensure a fair standard of living for agricultural producers and increase agricultural productivity. Over time, it has broadened out to provide a toolkit that enables the EU to manage market volatility, to incentivise collaboration between, and the competitiveness of, agricultural producers and to facilitate trade.

The three draft instruments relate to the UK’s marketing standards regime, some payment schemes operated under CMO rules and miscellaneous amendments that provide for the enforcement of marketing standards and scheme rules. The draft Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 amend a suite of EU regulations that lay down marketing standards and related rules for bananas; beef and veal; carcase classification; fruit and vegetables; hops; milk, milk products and spreadable fats; and pigmeat. Marketing standards, as enforced under the CMO, are designed to ensure a stable market for agricultural goods by enforcing even standards for certain agricultural goods, preventing the market from being flooded with cheaper, substandard goods. I hasten to add that that does not prevent the marketing of wonky vegetables, the sale of which I applaud as a way of reducing food waste.

However, I draw one point to the attention of the Committee. It has come to my attention that a small number of provisions in the marketing standards regulations will require minor amendments, as a result of changes made by the EU to regulation (EU) No. 543/2011, which relates to marketing standards for fresh fruit and vegetables. The changes were published in the Official Journal last week and are due to come into force before exit day. We will make a new statutory instrument to amend the draft instrument to reflect the changes and both instruments will be made together. This will ensure that our regulations link correctly to retained EU law as it is on exit day. I stress that that is not due to a mistake on our part; the EU has made changes that we need to catch up with.

The marketing standards regulations aim to minimise disruption to the flow of goods while preserving standards, and to make marketing standards legislation appropriate to the domestic context of the United Kingdom after EU exit. The amendments in the draft instrument are designed to be as minimal as is practicable in order to prevent wastage and reduce the burden on producers, but as robust as required to ensure that UK consumers can be confident that product information is transparent and accurate.

The draft Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 amend a suite of domestic statutory instruments that provide for the enforcement of EU marketing standards in beef and veal labelling in England; carcase classification and price reporting in England; the quality of green bananas in England and Wales, as we have touched on; olive oil marketing standards in the UK; marketing of fresh horticultural produce in England, with some general provisions for the whole of the UK; certification of hops in the UK; milk price reporting in England and Northern Ireland; and the school milk scheme in England and Northern Ireland.

As far as is possible, existing requirements have been maintained. Where necessary, changes have been made to correct deficiencies arising as a result of the transfer of EU legislation into domestic law. For example, requirements to report to the EU or to allow a representative of the European Commission to attend inspections have been removed or replaced, as appropriate, with domestic equivalents. Criminal offences relating to the import and export of fresh horticulture and hops have been amended to reflect that the EU will become a third country on our exit.

The draft Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 amend EU regulations that lay down detailed rules for rice processing; information provision and promotion measures; and public intervention and aid for private storage.

The draft statutory instruments make appropriate amendments to existing EU legislation to ensure that the legislation governing the CMO and agri-promotions can operate effectively after EU exit. That includes making technical changes to remove or replace references to EU institutions, as well as omitting certain provisions that will be inoperable once the UK has left the EU.

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[Mr Goodwill]

I reassure my hon. Friend that these measures—I am reluctant to describe them as changes, because nothing is really changing, other than the UK becoming the competent authority, rather than the EU—will have no impact on the devolution settlement; any measures that are devolved at the moment will continue to be devolved. There is no threat to that situation. In fact, we wish to build on our excellent devolution process. Only today, I met the devolved Administrations, with Fergus Ewing representing the Scottish Government.

[Mr Jayawardena]

I thank my right hon. Friend for giving way again. I am sure he will correct me if I am wrong. As well as giving us his wife’s banana bread recipe, which I am sure is excellent, will he inform us when the Department might review the application of the draft instruments? As he said, no changes are proposed today, but it might be right to make changes in the future.

[Mr Goodwill]

My hon. Friend gets to the absolute crux of why people voted to leave the European Union. With the freedoms given to us, we will be able to review these measures in the future. Indeed, the Agriculture Bill, when it becomes an Act, will give us further powers to modify and innovate across a variety of areas to ensure that we have policies tailor-made for UK situations, rather than the often one-size-fits-all policies on the EU statute book.

[Mr Jayawardena]

When?

[Mr Goodwill]

The first good step will be to get the withdrawal agreement across the line. Indeed, I encourage all Committee members not to miss their third opportunity—they have had two already—to ensure that we deliver on the result of the referendum.

An example of an omission from the current regulations is the requirement to notify the EU; there seems little utility in mandating the Secretary of State to tell himself what he already knows. To pre-empt a question that I am sure right hon. and hon. Members will wish to ask: yes, the draft instruments will be needed if we agree a deal with the EU, as well as in a no-deal situation. They make operability amendments that will be necessary for retained EU law to function effectively and to maintain the integrity of our statute book, either at the end of an implementation period or sooner, if we leave the EU without a deal. If Opposition Members are worried about the damaging effect of no deal outlined by organisations such as the National Farmers Union, the remedy is to vote for the deal. I know that some Opposition Members have already shown exemplary wisdom in that regard.

The draft instruments make necessary changes to ensure that there will be an operable legal framework for marketing standards; that those marketing standards can be enforced; and that certain CMO payment schemes operate once we have left the European Union. The changes uphold our standards and maintain continuity for businesses and stakeholders.

Free Childcare Entitlement

Debate between Ranil Jayawardena and Robert Goodwill

Wednesday 6th September 2017 Commons Chamber

[Mr Goodwill]

I am not going to argue with the hon. Gentleman that we need specifically to target some of our more deprived areas. This policy is designed to help working families, but I am all too well aware that many children in the most deprived families, with the most needs, are not in working families. That is why we have the offering for two-year-olds and the additional help that is going in. We are working very carefully to ensure that we do not leave that group of children out, particularly in the opportunity areas.

[Mr Ranil Jayawardena (North East Hampshire) (Con)]

My elder daughter, Daisy, started nursery this week. From speaking to local parents, I know that this policy will, as the Minister says, help hard-working families take up new employment and additional hours, so it is welcome. I am also encouraged that parents will be able to add to the funding the Government are making available through existing schemes, such as childcare vouchers. However, in support of my hon. Friend the Member for Harrow East (Bob Blackman), will the Minister, as he reviews policy in an ongoing way, consider whether flexibility could be introduced for rural or high-cost areas, to make sure those additional schemes can be used to help parents who wish to do so to top up the funding provided by the Government? Instead of always complaining that there is not enough, let us help parents to look after themselves.

[Mr Goodwill]

I do not want to disappoint my hon. Friend, but we are not in the business of encouraging top-ups. Nurseries are perfectly free to charge for additional hours or for lunch, nappies or other items, but that cannot be a prerequisite to accessing the 30 hours. The Government have a number of other packages, including tax-free childcare and other wonderful policies that the Treasury is making available, to help people afford the cost of childcare. However, this particular policy is great news for parents and great news for children, who are accessing quality childcare and education.

Oral Answers to Questions

Debate between Ranil Jayawardena and Robert Goodwill

Monday 6th March 2017 Commons Chamber

[Mr Goodwill]

I certainly hear what the hon. Lady says. Of course we care for people who come here as children, but they would then normally make an asylum application when they reach the age of 17 and a half, which is dealt with in the usual way.

[Mr Ranil Jayawardena (North East Hampshire) (Con)]

11. What steps she is taking to ensure that police and security services have the powers necessary to apprehend people planning terrorist attacks in the UK.