Draft Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 Draft Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020

Victoria Prentis Excerpts

Wednesday 25th November 2020 General Committees

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

I beg to move,

That the Committee has considered the draft Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020.

[The Chair]

With this it will be convenient to discuss the draft Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020.

[Victoria Prentis]

It is a great pleasure to serve under your chairmanship, Mr Mundell, particularly—if I may say so—in your new slimline state. I have been gripped by social media—

[The Chair]

If we could just get back to the proceedings now.

[Victoria Prentis]

That is all I needed to say. The draft regulations were laid before the House on 2 November. Turning first to the veterinary medicines and residues regulations, veterinary medicines are tightly regulated in the UK. They are essential for the treatment of animals and ensuring animal welfare, but they can also present a risk to human health and the environment. If misused, they can affect human health directly or may enter the natural environment, causing long-lasting damage.

The existing UK Veterinary Medicines Regulations 2013 set out the requirements on the manufacture, authorisation, supply, possession, and administration of veterinary medicines in the UK. The statutory instrument before us addresses technical deficiencies in our veterinary medicines and residues surveillance legislation to ensure that it continues to operate effectively at the end of the transition period. For example, minor corrections are being made to the text to address references to EU membership, which are no longer accurate or appropriate. The changes are also needed to reflect the requirements of the Northern Ireland protocol, as well as to implement the Government’s commitment to ensuring unfettered market access for Northern Ireland businesses in relation to veterinary medicines.

The legal frameworks will continue to regulate veterinary medicines and to safeguard the wellbeing of our animals. The instrument does not diminish the high standards in the established veterinary medicines and residues surveillance regimes. I emphasise that the amendments in the instrument are to ensure operability and that the high safety standards we have in place will continue.

The second SI is a composite one, covering seven policy areas—aquatic animal health, transmissible spongiform encephalopathies and animal by-products, livestock, zoonotic diseases, pet travel, alien and locally absent species in aquaculture, and seed, plants and propagating material. They have been grouped together purely to speed up the passage of these affirmative SIs before the end of the transition period.

The regulations transfer functions carried out by EU legislative bodies to the appropriate UK authorities. They also amend previously made EU exit statutory instruments to reflect the changes that took place at the end of last year and to implement the Northern Ireland protocol. The SI makes no major policy changes.

The instrument makes operability amendments to several pieces of secondary legislation. In particular, it will continue our robust sanitary and phytosanitary safeguard regimes in several crucial areas, give effect to our obligations under the Northern Ireland protocol and allow our new systems to operate at the end of the transition period. It will allow for the continued movement of pet animals and assistance dogs into Great Britain in a manner that protects our biosecurity as well as the health and welfare of the animals being moved.

We have taken the decision to list the EU to import live animals and animal products because, in biosecurity terms, we do not believe the risk will change on 1 January 2021. The SI will allow for decisions to be made about a country’s certification processes for plant reproductive material and whether they are equivalent to our own.

We have amended our legislation so that by the end of the transition period, the EU will become Part 1 listed for the non-commercial movement of pets into Great Britain. Practically, that means no change for EU travellers. We are maintaining the current health requirements on pet movements from the EU based on the unchanging disease risk at the beginning of next year, and to ensure that there is minimal impact on pet owners and users of assistance dogs who travel with their pets into GB under the EU pet travel scheme.

The instruments will make sure that legislation to ensure our biosecurity will continue to function in Great Britain after the transition period, and that we will continue to have a functioning pet travel scheme and imports system that guarantees our high standards of food and animal safety while ensuring frictionless trading and movements. For the reasons I have set out, I commend the draft regulations to the Committee.

--- Later in debate ---

[Victoria Prentis]

The hon. Gentleman asked a large number of questions, and I will try to answer them as best I can. He asked about the light-touch transparency arrangements in veterinary medicines. A medicine that is legally on the market in Northern Ireland but not in GB may benefit from unfettered market access, providing that the following conditions are met. The marketing authorisation holder, if it is not already based in Northern Ireland, must have a dedicated place of establishment in Northern Ireland. The holder must provide the same application dossier and supporting information to the Veterinary Medicines Directorate as it would have provided to the European equivalent. The Northern Ireland dedicated place of establishment must provide access to any EU-based pharmacovigilance system that the marketing authorisation holder has in place. If the conditions are met and there are no safety concerns, a certificate will be issued to allow the product on to the GB market. In brief, we are trying to work in a joined-up, sensible and proportionate way as we come to the end of the transition period.

I am also grateful to the scrutiny Committee in the House of Lords. As the hon. Gentleman knows, I love secondary legislation, which is good because we spend a lot of our time doing it at the moment, and I spent many happy years on the Joint Committee on Statutory Instruments. I feel that the questioners on the scrutiny Committee in the House of Lords did not completely understand the purpose of this statutory instrument, but I am happy to answer those points in any event.

As we said many times during the passage of the Agriculture Act 2020, any future trade agreements must respect the retained regulatory autonomy that we have brought over as a result of the withdrawal agreement. We will continue to protect public, animal and plant life and health, and reflect our existing high standards. The EU law banning the import and production of hormone-treated beef has been transposed into domestic law and will continue to operate in the UK at the end of the transition period. That will apply in all parts of the UK. Any changes would require legislation to be brought to Parliament. After the transition period, the Food Standards Agency and its equivalent in Scotland will continue to oversee food safety to ensure that all food imports comply with the UK’s high safety standards. You will be aware, Mr Mundell, of the changes made recently to the Agriculture Act that add an extra layer of scrutiny to that.

All current EU maximum residue levels will continue to apply in the UK from the end of the transition period. The methodology is set out in Commission regulation 2018/782, which now forms part of our retained EU law, with only very minor amendments for operability. There is nothing—I do love secondary legislation—that concerns me about our new regulatory system. I accept that it is complex, but it is also comprehensive.

The Veterinary Medicines Directorate—this may be of assistance to Committee members—has published extensive guidance on its information hub, which will help businesses prepare for the end of the transition period. This hub has, broadly, been very well received by the veterinary medicines industry. I recognise that this legislation, especially where it amends other legislation, is not always easy to read, or to follow. I suspect that that is one of the reasons why the VMD has engaged so strongly with its stakeholders to ensure that they understand it.

The hon. Gentleman’s question on pets is not exactly within the scope of this instrument, which relates to inbound travel of pets and guidance dogs to the UK, but as he has asked, I will answer. DEFRA has submitted its application for the UK to become a Part 1 listed country under Annex II of the EU pet travel regulations; we are currently in technical negotiations with the EU about this. We will do what we can, and we intend to make sensible, proportionate and biosecure changes in the regulations.

We have had a constructive and useful debate, and I commend the regulations to the Committee.

Question put.