DRAFT ANIMALS AND ANIMAL HEALTH, FEED AND FOOD, PLANTS AND PLANT HEALTH (AMENDMENT) REGULATIONS 2022 DRAFT TRADE IN ANIMALS AND RELATED PRODUCTS (AMENDMENT AND LEGISLATIVE FUNCTIONS) REGULATIONS 2022

Trudy Harrison Excerpts

Monday 5th December 2022 General Committees

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

I beg to move,

That the Committee has considered the draft Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022.

[The Chair]

With this it will be convenient to consider the draft Trade in Animals and Related Products (Amendment and Legislative Functions) Regulations 2022.

[Trudy Harrison]

It is a pleasure to serve under your chairmanship, Mr Hosie.

The first instrument makes technical amendments to various pieces of retained EU law and domestic legislation to ensure that they operate effectively in the following areas after the UK’s withdrawal from the EU: official controls and requirements on imports into and movements within Great Britain of animals, animal products, plants and plant products; the rules on animal welfare during transport; the rules on the marketing of plants and plant material; and the rules on the prevention, control and eradication of certain transmissible spongiform encephalopathies—TSEs for short—which is a group of fatal diseases that includes BSE.

The first instrument also addresses various other deficiencies in retained EU legislation and corrects errors in earlier instruments made under the European Union (Withdrawal) Act 2018. The changes clarify, for example, that the appropriate authority can create or amend rules on penalties for non-compliance with these regulations and relevant supported legislation with regards to the official controls regulation and plant health regulation.

The changes will streamline the process for a designated and appropriate authority to be the competent authority responsible for carrying out official controls and will replace the existing obligation for the appropriate authority to make secondary legislation to address biosecurity risks from imports of animals and animal products with a power to make secondary legislation. That will help to protect biodiversity by giving the Department for Environment, Food and Rural Affairs the flexibility to address biosecurity risks through means of event regulations.

The Plant Varieties and Seeds Act 1964 is amended to enable Ministers to make regulations via the negative resolution procedure to ensure domestic secondary legislation that captures the marketing of fruit, vegetables and ornamental plants for planting can be updated as required. That change will ensure that we are able to keep pace with changing requirements in this space. Corrective amendments make it clear to transporters, organisers and keepers of live animals that they must comply with the journey log requirements on protecting animal welfare in transport.

The second instrument makes modifications to the interpretation of 11 directives to ensure a continuing and fit-for-purpose import system for animals and animal products entering Great Britain and to ensure that the legislative regime is up to date, enforceable and easy to use. These modifications do not make policy changes. They are technical fixes to assist with the interpretation and application of the directives. This instrument also transfers the functions, including legislative powers from EU bodies to the appropriate authority and makes the necessary changes to relevant import enforcement legislation.

Both instruments apply across Great Britain. There are, however, some exceptions. In the first instrument, regulation 12 applies to England and Wales only, regulation 13 to Scotland only, and part 6 to England only. In the second instrument, part 1 applies across Great Britain, whereas in part 2, regulation 5 applies to England only. Regulation 6 applies to Scotland only, and part 3 applies to England and Scotland, with the Welsh Government having laid a mirroring instrument that applies in Wales. Both instruments make a series of technical amendments to other pieces of legislation to ensure that they are fully operable.

In summary, the amendments in the instruments will ensure that official controls on imports of animals and animal products continue to be effective, that appropriate authorities have the relevant powers to make and implement necessary changes to imports legislation and that we have the legislative tools to safeguard our biosecurity. The devolved Administrations in Scotland and Wales have provided formal consent for these instruments. Movements from Northern Ireland or the Crown dependencies are considered internal movements and are not affected by the modifications and amendments in these instruments. For the reasons I have set out, I commend both instruments to the Committee.

--- Later in debate ---

[Trudy Harrison]

I am grateful to hon. Members for their interest, but I have to disagree with the hon. Member for Coatbridge, Chryston and Bellshill, because I believe our standards of animal welfare are far superior to those that can be found across the EU. I am sure my Cumbrian farmers would agree with me on that.

First, I would like to reassure the hon. Member for Cambridge. I, too, do not want to come to the House to repair damage from mistakes that have been made in drafting. He will understand that we are under significant pressure at the moment, with the war in Ukraine, covid and policy pressures, but will he accept my assurance that we are working to remedy the situation so that this issue does not occur again?

As I have said, the regulations do not change the import requirements. They seek to review the import regime for live animals and general products. Significant changes in rules will be laid out in legislation. The instrument requires that any decision to apply, lift or change import conditions must be informed by appropriate assessment of risk, taking into account specified animal and public health criteria and other relevant matters. Requirements have been retained directly from EU law.

The first instrument makes amendments that are crucial to ensuring that legislation relating to official controls and requirements on imports and movements within Great Britain of animals, animal products, and plants and plant products, as well as the rules on animal welfare during transport, the rules on marketing of plants and planting material, and the prevention, control and eradication of the transmissible spongiform encephalopathies, operate effectively during the UK’s withdrawal from the EU.

The second instrument makes technical modifications. We discussed the impact on business. There is no significant impact on trading partners. This instrument does not change the import policy. It does not place any new burden on persons importing animals or products into Great Britain, as the animal and public health conditions to enter or transit Great Britain are not changing. We do not expect any impact on GB businesses. This instrument relates to the maintenance of existing regulatory standards. There are no policy changes. The modifications are of a technical nature only.

The instrument only provides rules for imports into Great Britain. It does not cover exports of live animals. The provisions for movements between EU member states have been omitted. Exports to the EU are excluded from the scope of this instrument. Regarding delays, it has always been accepted that leaving the single market and the customs union means that businesses do not need to deal with more customs processes. Getting ready for those processes can be challenging. We recognise that it has been an unprecedented time for business, and many businesses are rightly focused on getting back on their feet as part of the economic recovery after the pandemic, in addition to dealing with the cost of living crisis.

As a sovereign trading nation outside the EU, we have the freedom to make decisions in our national interest. Delaying the introduction of import controls will give traders time to focus on getting back on their feet as the economy opens up after the disruption caused by the pandemic and while navigating the economic impact of the energy crisis and Putin’s war in Ukraine. I would like to conclude by commending these regulations to the Committee.

Question put and agreed to.

DRAFT TRADE IN ANIMALS AND RELATED PRODUCTS (AMENDMENT AND LEGISLATIVE FUNCTIONS) REGULATIONS 2022

Resolved,

That the Cttee has considered the draft Trade in Animals and Related Products (Amendment and Legislative Functions) Regulations 2022.—(Fay Jones.)