Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019

Robert Goodwill Excerpts

Monday 7th October 2019 General Committees

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Does this instrument have any bearing on the issue of carcass splitting and the specified risk material, namely spinal cord, that needs to be removed from certain lambs? I think both the Government and many sheep farmers wish to move from a system of aging the sheep through their dentition to one of using a date in the calendar.

[George Eustice]

My right hon. Friend mentions a request that, as a former incumbent of my post, he will know the industry has been making for some time. It is under consideration, and is something that we progressed with the European Union during my previous time as Minister. I do not think that this particular change addresses that topic; it is much more about the use of certain animal by-products, which are not category 1, in fertilisers or soil improvers. This amendment covers a much narrower issue.

The instrument amends the provisions regarding harmonisation of the lists of approved or registered establishments, plants and operators and the traceability of certain animal by-products and derived products. The Commission introduced new legislation to create a transition period for those to come into force, and those lists were due to be altered by the Trade Control and Expert System—TRACES—an IT system run by the EU. This instrument simply changes those provisions to give us the flexibility to use either TRACES or our own, new import system, depending on the scenario we end up in.

The second change amends provisions to permit the export of products containing processed animal protein derived from ruminants and non-ruminants. In June 2018, the European Food Safety Authority updated the quantitative assessment of the bovine spongiform encephalopathy risk posed by processed animal proteins, and concluded that the total BSE infectivity posed by processed animal protein was a quarter of that estimated in 2011. Following the opinion delivered by EFSA related to processed animal protein, it was felt appropriate to include organic fertilisers or soil improvers containing processed animal proteins derived from ruminants in the derogation laid down to permit export, and the EU regulation on transmissible spongiform encephalopathies was amended accordingly.

The third change makes technical changes to the provisions as regards the imports of gelatine, flavouring innards and rendered fats. The amendment adds Egypt to the list of third countries from which gelatine may be imported into the European Union; aligns the list of third countries eligible for the import of flavouring innards with a reference to the list of third countries authorised for the import of wild game meat for human consumption; and allows imports of rendered fats to be used for the production of renewable fuels using a method that has been assessed by EFSA.

In addition, regulation 5 of the instrument corrects minor inconsistencies in the language used in an earlier EU exit instrument, the Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019, as identified in 50th report of the Joint Committee on Statutory Instruments. To exemplify the change in language recommended by that Committee, where the word “countries” was used in some references, it has been amended to “constituent nations”, and where the word “notification” was used, it has been amended to “consent”.

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[Sandy Martin (Ipswich) (Lab)]

Nobody who was aware of events in this country in the late ’80s is relaxed about the danger of allowing the reappearance of bovine spongiform encephalopathy in this country, so I am sure that the Minister would want to do everything necessary to ensure that it is not introduced from outside. European Council Regulations No. 999/2001 and 1069/2009 and the associated Commission decisions have been vital in dealing not only with BSE but with scrapie in sheep and other transmissible spongiform encephalopathies. By strictly regulating the import and export of all sorts of animal by-products, the EU has managed to control these diseases. I wonder how we would have fared if the EU had not existed at the time, or if there had been the same attitude to regulations that we see in some quarters now.

We are very worried that any deviation from EU regulations in this area, or reduction in the level of compliance, might lead to increased risk of importing or incubating BSE and other TSEs. Clearly, this SI is an attempt to ensure full alignment with EU regulations, and we are not going to argue with that, but we believe, as I mentioned with the previous SI, that driving this forward under the made affirmative process runs the very real risk that there might be mistakes, or gaps.

[Mr Goodwill]

Is it not the case that the mistakes that were made and the changes in the process that allowed BSE to develop happened while we were members of the European Union and under EU regulations? The idea that leaving the European Union will make that sort of thing more likely seems a rather spurious argument.

[Sandy Martin]

That is one for the historians, but the right hon. Gentleman overlooks the fact that the European Union managed to contain what was a very nasty and difficult outbreak, and to reverse a situation that might well have been extremely difficult to reverse in the context of international trade in animal products at the time. We have seen other animal diseases that were far more difficult to stamp out, over a much longer period of time, in the past. Clearly, no organisation will be an absolute guarantee against something new occurring, but learning from the problems that occur and ensuring that they do not reoccur must surely be one of the main objects of any organisation, whether a trade organisation or any other co-operative organisation.

As I said, the made affirmative process removes much of the depth of scrutiny that these instruments ought to have before they are made, and that risk is exacerbated by the speed at which some of these regulations are having to be driven through. I would like the Minister to reassure us that there are no plans to move away from adherence to these regulations once we have left the EU.

Will we be able to use the European trade control and expert system to ensure that the regulations are being complied with, if we leave the EU without a deal? Are there genuine plans to replace the TRACES system with a home-grown one for use in this country, and if so, why? It seems to me that a system that is used by every country in Europe is far more likely to be effective than one cobbled together in a single country, which then may or may not fit with what its trade partners are doing.

As for the amendments in regulation 5, dealing with genetically modified organisms, it may be the case that this SI does not make any changes in policy, but how likely is it that, once we are no longer members of the EU, this Government will maintain the same stance towards GMOs that the EU currently does? Will the Government maintain equivalent regulations to the EU on GMOs? If not, how will that affect our ability to export agricultural products to the EU, not to mention the possible effects on the environment? Whatever the limited scope of these SIs may be, the very fact that we are having to introduce them demonstrates the extent and complexity of the protections for our health and the health of our agriculture, which are being put at risk by the threat of a no-deal Brexit.