Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020

Motion to Approve

Moved by

That the draft Regulations laid before the House on 13 October be approved.

My Lords, I declare my farming interests, as set out in the register. I also much look forward to the maiden speech of my noble friend Lord Mendoza. I hope it would be useful to your Lordships if I speak to both the Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020 and the Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020, given the connection between the two instruments.

There are no changes to our policy on either organic products or genetically modified organisms. Amendments are required primarily as a result of the Northern Ireland protocol and to ensure that existing legislation continues to operate as intended. As established in the protocol, EU legislation will continue to apply to Northern Ireland. The existing EU exit legislation needs minor technical amendments to reflect the fact that retained EU law, whether on organics or GMOs, will be substantively applicable only in Great Britain. The changes do no more than is necessary to meet our legal obligations under the Northern Ireland protocol and ensure a workable legislative regime in Great Britain.

The first instrument makes minor amendments to the UK’s organics legislation to ensure that the regulatory regime is operable at the end of the transition period, in line with the Northern Ireland protocol. References to United Kingdom have been changed to Great Britain in the Organic Production and Control (Amendment) (EU Exit) Regulations 2019, and the Organic Products (Amendment) (EU Exit) Regulations 2019.

The instrument also amends retained EU legislation to allow organic producers to continue to use 5% of non-organic protein feed for organic porcine and poultry, until the end of 2022. The EU has taken the same decision to extend the derogation. No new policy is introduced by the instrument and the UK’s world-class standards are maintained. The Government are strongly supportive of organic standards, many of which were developed in the UK and adopted by the EU.

Under the protocol, EU law on organics will continue to have effect in Northern Ireland. Retained EU law will apply substantively only to Great Britain. This means that the Northern Irish organics market will remain the same, and we are working closely with Northern Irish colleagues to prepare for the end of the transition period, including setting up a Northern Ireland competent authority on organics. We remain committed to ensuring trade between GB and Northern Ireland continues. We are going to recognise the EU as an equivalent organic regime to the UK until 2022, providing certainty on imports for the immediate future. We hope that the EU will reciprocate very soon.

There are 6,000, predominantly small and medium-sized, UK organics operators, which contribute over £2.5 billion to the UK economy, including exports worth over £250 million. The statutory instrument relates to devolved matters and the respective devolved Administrations have consented to it.

My Lords, I thank my noble friend the Minister for that clear exposition of the regulations. Like him, I feel we are privileged today to have the maiden speech of my noble friend Lord Mendoza. I look forward to hearing it shortly, as I am sure all noble Lords do.

I support these regulations. Clearly, the regulation of organic products and genetically modified organisms is a vital concern for our country—indeed, for all parts of our country, as these are devolved matters. I realise that the primary purpose of these regulations is to provide for the laws governing these areas to operate in accordance with the Northern Ireland protocol after the end of the transition period. In many areas, we are providing similarly. Just recently, we provided similarly for organs for transplant and blood products, where Northern Ireland is to be treated as a member state, with Great Britain as a third party.

That is consistent with the withdrawal agreement signed by the United Kingdom and is topical in your Lordships’ House in the light of the votes last night. I wonder if my noble friend can comment on whether those votes will result in Great Britain being treated as a third party, for customs purposes, and Northern Ireland being treated as a continuing member state, in accordance with the withdrawal agreement. I feel sure that my noble friend will modestly say that that is above his pay grade, but also that he will have some insights in this area.

More specifically, I ask my noble friend to comment on the production, processing, labelling and importing of organic products and our inspection systems. I note what he said about there being no immediate intention to diverge from the European rules and standards, and my noble friend touched on these matters during discussions on the Agriculture Bill. But I wonder, looking forward, whether there is any intention to diverge from EU standards and rules, other than de minimis. Similarly, I wonder whether we are intending to diverge from EU rules and standards, in any way other than de minimis, on controls for the production, movement, traceability, labelling and marketing of GMOs. With those specific questions, I am content to give these regulations my total support. They make a lot of sense.

My Lords, I refer to my farming interests, as listed in the register.

I, too, support the Government in their efforts to retain continuity of regulation in these important areas. The move towards ever more organic food and farming methods can only be a good thing for health and the environment, but are the Government confident that the paperwork that will be required from producers, especially regarding Northern Ireland, is in place?

When we discussed pesticides last week in your Lordships’ House, I was pleased to hear the noble Lord, Lord Goldsmith of Richmond Park, say that, as we left the CAP, his Government would be strenuously moving to an ethos of sustainability. I am sure that the Minister would understand that small farms find it very hard economically to make the transition to organic. Here in mid-Wales, I have seen several of them falter on the way. I hope this is an area which he and his department might look at sympathetically in the future.

On genetically modified organisms, the checks and balances are, of course, essential, and we must ensure that no loosening of the reins can occur. Having said that, research here in this country has very real benefits in areas such as Africa, where conditions require special crops that can withstand drought, blight and insect predators. These are of huge significance to feeding an ever-growing and often starving population, and, of course, there are knock-on effects in domestic agriculture.

One of the great virtues of your Lordships’ House, in my humble opinion, is the sheer diversity of expertise on offer, so it is a very real pleasure to precede and welcome my noble friend Lord Mendoza. His knowledge of publishing, churches, painting and culture suggest that he will make valuable contributions to your Lordships’ deliberations. I am very much looking forward to his maiden speech.

My Lords, I had imagined that joining your Lordships’ House might prove intimidating, but the welcome I have had from everyone has been extremely friendly. I thank in particular the police officers, the security staff and the doorkeepers. Black Rod, the Clerk of the Parliaments and officials here have all helped me to begin the process of fathoming how this place works. The embrace of the Government Whips’ Office has been a particular delight. I also thank the Prime Minister for nominating me, and my noble friend Lady Finn and the noble Lord, Lord Trevethin and Oaksey, for acting as my supporters.

I hope that your Lordships will indulge me in speaking on a subject that has occupied a large part of my life since March. I have the honour to serve as the Government’s Commissioner for Cultural Recovery and Renewal. Your Lordships will know that this is a hard and perilous time for organisations and people in the cultural sector. Cruelly, often the more independent the organisation, the most commercial it is and the least reliant it has been on government grant, and the harder it has been as audiences and visitors have been kept away.

Since March, I have played a part in conceiving, developing and overseeing the necessary £1.57 billion Culture Recovery Fund. I am proud of what has been achieved to date through so many working together. It has relied on ministerial leadership and joined-up working by brilliant officials across DCMS, the Treasury and No. 10. It has brought together great arm’s-length bodies, such as Arts Council England, Historic England, the National Lottery Heritage Fund and the British Film Institute. There have been regular working groups covering museums, entertainment, tourism and heritage, bringing in knowledgeable sector expertise.

Over the last weeks, thousands of grants, large and small, have been announced for places up and down the country—for churches and cathedrals, heritage sites, steam railways, museums and galleries, dance, theatre, orchestras, music venues, festivals, arts centres and independent cinemas. Many have never had or needed public funding before. The process will carry on over the coming weeks. It will not end the crisis for culture, but it will help. We continue to work to get places open, with fuller audiences and visitors where we can, so that they can continue to bring joy and happiness, promote economic growth, help society and add vibrancy to local communities, villages, towns and cities. Culture will return.

I congratulate my noble friend on his excellent speech. We have more in common than he may realise. We were both brought up in the suburbs of north London, we went to private day schools on the edge of London, and then, as he knows, we both went to Oriel College, Oxford. What he may not know is that we both applied to be provost of Oriel College. There the similarities end. He became provost. I was not considered. I know why, because I have good intelligence; it was because I was too old. As it happens, that is pretty sensible, because I am too old, but the 2010 Equalities Act might have had something to say about that.

I had a rather undistinguished military career and then became a Member of Parliament because I needed a job. He has had a stellar career, which we heard only a little about in his speech. With great enterprise, he founded Forward Publishing, with Will Sieghart. With even greater enterprise, and I suspect some financial benefit, he sold it 15 years later to WPP. Since then, he has made a name in the cultural field and in the arts charities’ fields. There is too much to list, but he was chairman of the Prince’s Foundation for Children and the Arts, he is chairman of the Landmark Trust, he was a commissioner of Historic England, and this year, as we have heard, he was appointed the Government’s Commissioner for Cultural Recovery and Renewal—et cetera, et cetera. As we can tell from his speech, he has a huge amount to offer this House, and we look forward to further contributions, when Oriel College can spare him.

Oriel, our college, was the very fortunate recipient, about a century ago, of a large donation from Cecil Rhodes, which built undergraduate accommodation—the Rhodes building—where there is a statue of him. I regret that some woke members of the governing body, possibly ones rather ignorant of history or with a different interpretation of history than some of us, wish to rewrite history. Rhodes was a very controversial, unpopular figure in his time, who was much criticised. He fought the Boers and his nadir was the Jameson raid against the Transvaal. However, the descendants of the Boers he fought founded apartheid half a century later. His rather uninteresting and usually unregarded statute is part of history and part of the historic built environment of Oxford. I particularly regret that there are pusillanimous dons trying to curry favour with left-wing students by trying to bring the statue down.

My Lords, I, too, welcome the noble Lord, Lord Mendoza. His excellent maiden speech was probably indicative of the amount of effort that he will put into the House of Lords, despite all his work outside, and I hope that he will find time to educate all of us on these Benches.

I shall deal with the organic products statutory instrument first. The organic food sector is worth about £2.3 billion a year. It would obviously be good if we had even more organic growers and farmers, but part of the problem is the transition. Therefore, is there going to be any sort of government plan not to reduce the transition time of three years but perhaps to enable growers to use the label “transition”, so that people know that they are on their way and that their products cannot be called “organic” but they are trying to get there?

Perhaps the Minister can also tell me whether the Government have any plans to diverge from EU standards. This has been raised before. If they do, how will that affect Northern Ireland?

On the GMO amendment regulations, the Government say that the Administrations of Wales and Scotland will be able to make their own decisions about whether, and in what circumstances, to authorise GMOs. How does that fit with the internal markets Bill? If the UK Government decided to authorise certain GMOs in England, would Wales and Scotland then be forced to accept those GMO products under the internal market rules? I hope that the Minister can give me an answer to those questions.

My Lords, first, I add my congratulations to my noble friend Lord Mendoza on an excellent maiden speech. I am confident that he will bring a lot of his expertise to this House. He shares Oriel College with my noble friend Lord Robathan. I shared my school days with my noble friend Lord Robathan, and that just goes to show what diversity we have both at school and in universities. I congratulate my noble friend on a typically uncontroversial speech.

I should also like to say to my noble friend Lord Mendoza that I am sure that those in the Government Whips’ Office are very grateful for the thanks that he gave them. They do not often get thanks but, if there is any place where you can find cultural recovery and renewal, it will be in that office. They are not having a very easy time of it—not helped by my recent voting record—so I offer them my support.

I thank my noble friend Lord Gardiner for his clear explanation of the need for these regulations, and I support them. I say to the noble Baroness, Lady Jones of Moulsecoomb, that I too am a supporter of organic products, but I think that sometimes we have made a mistake. Other countries—France, in particular—call them “bioproducts”, which might be a little more appetising to the public.

On the other hand, I have always had somewhat conflicted views on GM organisms. In 1999, as a relatively newly elected MP, together with two other MPs on a cross-party basis, I took the Government to the High Court over the regulation of GM seeds. However, this is not the moment to debate the merits or otherwise of GM organisms. As this is a devolved matter, presumably it is possible to end up with different regimes throughout the UK. I am not sure that that is a good thing but, in other ways, I fully support these measures.

The noble Baroness, Lady Bennett of Manor Castle, has withdrawn, so I call the noble Baroness, Lady McIntosh of Pickering.

I am delighted to warmly welcome my noble friend Lord Mendoza. I hope that he will not be led too far astray by my noble friend Lord Randall so early in his parliamentary career.

I also take this opportunity to thank my noble friend Lord Gardiner for introducing these regulations. I shall limit my remarks to the Organic Products (Production and Control) (Amendment) (EU Exit) Regulations. In particular, I note, as explained in paragraph 7 of the Explanatory Memorandum, the importance to the United Kingdom as a whole of the organic sector. It is worth some £2.3 billion a year to the UK economy and growth, and its exports are worth around £250 million to the UK economy.

What is the relationship between these regulations and EU directive 2018/848? I understand that the directive defers the date of the application when the EU organics regime comes into effect and applies to Northern Ireland by virtue of the Northern Ireland protocol. The EU Environment Sub-Committee has had cause to write to our honourable friend the Parliamentary Under-Secretary of State for the Environment, Victoria Prentis, on this point. I do not know whether my noble friend has had a chance to see that yet, but I would welcome his views on it. We stated that this matter is of some significance and concern to organic producers in Northern Ireland and across the United Kingdom generally, particularly as regards the ability of Great Britain’s organic producers to continue exporting to the EU and Northern Ireland after the transition period. Also, the Government’s guidance on trading from 1 January 2021 confirms that an EU-UK equivalence agreement needs to be in place for the EU to recognise the UK’s control bodies, such as, in our case, the Soil Association.

Therefore, will my noble friend confirm that we will be in a position to guarantee the ability of Great Britain’s organic producers to continue exporting their products, marketed as organic, to the EU and Northern Ireland after 1 January? Can he also take this opportunity to give us an update on the negotiations over an EU-UK organics equivalence agreement? As I understand it, the lack of such an agreement could result in our not being listed in the relevant EU regulation annexe.