Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019

Viscount Ridley Excerpts

Tuesday 22nd January 2019 Lords Chamber

[Lord Teverson (LD)]

My Lords, one of the privileges I have in this House is to chair your Lordships’ EU Energy and Environment Sub-Committee. We were very grateful to the Minister for giving evidence for the Brexit and biosecurity report we produced, and part of biosecurity is invasive species. One thing that particularly stood out for the committee was the cost of getting it wrong in this area, with the example given of the 2001 outbreak of foot and mouth disease: it cost us some £8 billion to solve that crisis over many weeks, to say nothing of the misery caused to the farming community. As we have not yet managed to debate that report—and I suspect we will not do so for some months—perhaps I could ask one or two questions that came out of it concerning invasive species.

My first question is on notification, which has been touched on by other Members. The Minister said that, once we leave the EU, this would be a responsibility for the Secretary of State. But what will happen during the implementation period, if there is one, and after that in terms of the divergence of the European list that we have at the moment? Will we just copy that current list when we start afresh as a third country? But that list will change rapidly over time, so how will we deal with that divergence, particularly when it comes to border control?

On border control, at the moment, one of the fundamental building blocks of protection is an IT system called TRACES, which concerns the transfer of animal products, animals and vegetable products, and whatever bugs and insects they happen to have with them. Are we still looking to try to integrate that system and use it ourselves? Post Brexit, particularly if there is no deal, how will we replicate IT systems for the import and export of these types of materials? That is absolutely fundamental to being able to control the management of this.

We were shocked—and shocked is the right word—by one thing that the Minister from the other end, George Eustice, told us when he appeared before us. We suggested that, if there was no deal, we would have huge border issues around transit times. The Minister said that, in that case, the phytosanitary checks would not be done. That is a pretty dangerous approach, to be honest, and one that is, I suspect, contrary to WHO rules—to WTO rules, sorry; although perhaps it may be contrary to WHO rules too. Can the Minister help me understand how we will approach phytosanitary controls, particularly in the case of no deal—an option that the Government have not taken off the table?

On the island of Ireland, there is clearly no barrier or sea border—ineffective as that might be against certain things, as my noble friend Lady Parminter said when she talked about species coming across the channel. But our committee felt strongly that Ireland as an island should be treated as a single econological area, as it is at present, to some degree. I would be interested to hear the Minister’s view on that. A lot of trade goes between the two parts of Ireland but obviously there are no natural barriers at all.

Lastly, I am interested in reference laboratories. I do not know whether they come into this area—they certainly come under biosecurity. I am interested to hear from the Minister whether we should be concerned about reference laboratories in terms of invasive species. This is an area where, as the Minister says, we have great expertise, but it covers only certain areas that other parts of the European Union also cover. Will we up our game through Defra funding to be able to ensure that our scientific and research base is sufficient for this area?

[Viscount Ridley (Con)]

My Lords, I walked through Hyde Park this morning and saw three invasive alien species: Egyptian geese, ring-necked parakeets and, of course, grey squirrels. That reminded me that there is quite a gap between the way we talk about the issue in this place as mainly a bureaucratic issue of getting the right regulations, committees and quangos in place, and what is actually needed on the ground, which is to control and, where possible, eradicate these species. The grey squirrel is doing terrible harm to the position of the red squirrel in this country. Will my noble friend confirm that, in this case, we are not changing policy at all and this is a simple tidying-up exercise, and what needs to follow is more effort going into actually doing something about these creatures?

[Baroness Jones of Whitchurch (Lab)]

My Lords, I refer to my interests as set out in the register. I am grateful to the Minister for setting out the intention of this SI so clearly and for meeting with us prior to today, and to all noble Lords who raised important questions about the consequences of this SI. I share the concern raised about the scale and outcome of the consultations that allegedly have taken place. I agree that it would have been useful to have known the outcome because it might well have informed our debate this afternoon. But I pay tribute to the Minister, who I know takes a lead on this subject in the department. I know that he is passionate about the importance of effective biosecurity measures in the UK and he has been assiduous in his role in that. I know that he will share that expertise in his response to the many questions raised today.

Undoubtedly, biosecurity issues are critical to protecting animal, plant and human health, which in turn protect our environment, economy and food supply chain. As we know, invasive species alone already cost the UK economy at least £1.7 billion a year. Past outbreaks of diseases imported from overseas have killed millions of animals and trees, with new fears on the horizon including ash dieback and African swine fever. Those examples illustrate just how important biosecurity is and the devastating impact that animal and plant diseases can have if they are not controlled. But it is also true that we cannot tackle biosecurity issues alone. We have benefited in the past from EU data-sharing and collaboration and we will continue to need that cross-border liaison if we are to keep our flora and fauna safe in the future.

We debated the widespread consequences for the environment of leaving the EU during the EU withdrawal Bill, and many of those issues remain unresolved. It is a concern that will apply to this SI as well as many others that we will debate in the weeks and months ahead. At this time, with no deal on the horizon, there is a real risk that we will crash out of the EU on 29 March without a transition period. In those circumstances, as several noble Lords have said, we face a real governance gap as there will be no independent authority to which reports on actions on invasive species can be given and any UK biosecurity failings held to account. The promised office of environmental protection, which is supposed to replicate the functions of the European Commission, will not be operational until at least 2020 and we have yet to determine its precise duties, so will the Minister explain how that governance gap will be filled in the interim? Is it intended to revisit this, and other SIs that will also lose out from a lack of governance, to add the oversight of the OEP once the environment (principles and governance) Bill is passed?

In this SI, the obligation to report to the European Commission by 1 June 2019 and every six years thereafter is replaced by an obligation for Ministers to make and publish a report on the same timescales. That is all well and good, but where will those reports go and who will assess their validity? Does the Minister recognise that it is not acceptable simply to publish a report without any independent scrutiny of it, or is it assumed that we will have to rely on our good friends ClientEarth to take the Government to court when there are perceived failings?

I will revisit the EU environmental principles and preambles which we also debated at length in during scrutiny of the EU withdrawal Bill. They set a very important context for the scrutiny of this SI, especially as the EU invasive alien species regulation constitutes a key manifestation of the principle of preventive action. The noble Baroness, Lady Parminter, praised it today. As the Minister will know, Greener UK has expressed concern that the preamble of the IAS regulation is not included in this SI. It quite rightly makes the point that the preamble has a significant purpose in framing the intention and ecological context of the regulation’s articles, thereby guiding its implementation. Indeed, during the passage of the EU withdrawal Bill, the Government clarified that the future use of preambles and recitals is key to ensuring that the withdrawal Act meets its aim of providing legal certainty and stability within our domestic statute book. The Government also said that policy and decision-makers are likely to want to have regard to supporting material, such as recitals and preambles, to assist them in addressing questions of how policy might be made and how decisions might be taken in future, so they ought to be in SIs such as this so that we can be assured that they apply.

Greener UK has also advised that unless the letter and spirit of domestic legislation reflect this core focus in future, we would fail adequately to reflect Article 8 of the Convention on Biological Diversity domestically. Can the Minister tell us why these essential principles and provisions have been omitted in the transposing process? Will he commit to addressing this omission to ensure effective transposition in future?

Turning to the UK structures set out in this SI, we are concerned that the EU structures and governance mechanisms currently in place are not simple or straightforward to replicate domestically; for example, where decisions required for the effective application of EU regulations and directives are currently made by Ministers from the 28 EU member states, with all that breadth of knowledge and input, this SI will assign that role to Ministers from just the three UK countries. On the one hand, we are losing expertise from across the EU and, on the other hand, there is an assumption that the devolved Administrations will co-operate seamlessly. Can the Minister reassure us that mechanisms will be in place on day one after exit day to ensure full co-ordination between the devolved nations?

We are also concerned about the interplay between devolved and reserved competencies, given that each part of the UK has responsibility for its own biosecurity but also contributes to the UK’s overall biosecurity. Does the Minister agree that it would be undesirable for an invasive non-native species to be legally imported and/or kept and traded in one part of the UK while those activities were restricted in another part? Does the Minister share my concern that a lack of internal border controls could undermine the goals of one or more of the UK’s Administrations if differences were allowed to develop?

At the same time, we are concerned about whether Defra’s proposal to replace current access to the EU IAS scientific forum with a UK forum risks creating a knowledge and data gap—another issue raised by my noble friend Lady Young. What assessment have the Government made of the expertise and data-processing capacity of the UK agencies and organisations that will take over these new duties? Also, which organisation will gain responsibility for implementing the invasive non-native species legislation after the UK leaves the EU, and what checks will be put in place to ensure that it has the relevant expertise and resources?