HANSARD
Plant Health (Amendment etc.) (EU Exit) Regulations 2019
- Motion to Approve
- 6:06 pm
- Moved by
- That the draft Regulations laid before the House on 22 July be approved.
- My Lords, the regulations amend earlier EU exit regulations relating to plant health, to update the Plant Health (EU Exit) Regulations 2019 and ensure that recent EU-derived protective measures against the introduction and spread of harmful plant pests continue to remain effective and operable on leaving the EU. The Plant Health (EU Exit) Regulations 2019, which were debated in this House on 25 March, are an important element of the EU exit legislation that we have put in place for maintaining plant biosecurity. They set out the list of harmful pests and plant material that will continue to be regulated.It is our responsibility—particularly mine, in my role as Minister for Biosecurity—to protect biosecurity across plant and animal health and the wider ecosystem. It is also important that we have a robust process of ongoing review to strengthen biosecurity protections, where this is possible and necessary after we leave. The regulations are specifically about protecting plant biosecurity. The amendments address technical deficiencies and inoperability issues relating to retained EU law on plant health that could arise when we leave.I should make it clear that all the amendments introduced by the instrument are simply technical operability amendments and do not introduce any policy changes. They ensure that existing measures set out in EU legislation and national measures introduced under the EU’s plant health directive will continue to apply to the UK after we leave. The majority of the changes update the list of regulated plant pests and plant material and associated import and movement requirements relating to host material in the Plant Health (EU Exit) Regulations. They reflect recent amendments to the plant health directive made by Commission implementing directive 2019/523, as a result of technical changes in the assessment of risks presented by particular pests and diseases.I would like to explain what all that means by way of a number of examples. The lemon tree borer is native to New Zealand. Despite its name, the larvae are generalist feeders, boring into the wood of a wide variety of trees. When Captain Cook first arrived in New Zealand, his naturalists collected a lemon tree borer in their first collection made between 1769 and 1771. This oldest collected specimen can be found in the British Museum and our aim is to ensure that it remains the only specimen in the United Kingdom. Adding the lemon tree borer to the list of regulated pests will mean that countries where it is present must ensure that consignments of plants for export are free of it and officially certify that that is the case. The UK pressed for this change to be made to EU legislation following occasional interceptions of the pest on imported plants, and this instrument will ensure that the new requirements will remain operable after exit.The tobacco whitefly is one of the most economically important agricultural and horticultural pests in the world, due in part to its adaptability, wide host plant range and capacity to vector more than 110 plant pathogenic viruses. Despite its establishment in the EU, the UK remains free of the pest and has protected zone status. The changes included will further strengthen our protections against this damaging pest. In particular, they broaden the list of plant species that are subject to official control as well as the scope of those controls, requiring greater official oversight and pre-export inspections of those pathways which have most frequently been the cause of interceptions in the UK. I should add that this is a glasshouse pest and not a threat to the UK’s wider environment. As such, interceptions can be dealt with effectively, without the likelihood of longer-term establishment of the pest. Nevertheless, we will continue to ensure that our import requirements are as robust as needed to mitigate the threat of infested plants being imported, which is why we will continue to review the effectiveness of these strengthened measures to check that they are achieving the desired outcome. If not, we will not hesitate to take further action.
- 6:15 pm
- When this was picked up in our horizon scanning, we worked in partnership with others to develop a Europe-wide risk assessment through the European and Mediterranean Plant Protection Organization. This risk assessment has provided the technical basis to introduce national protections that must continue to be retained in future. It is worth noting that the EU has reviewed the UK national measures and decided to introduce EU-wide protections, which have just been published this month through decision 2019/1739.
- Oak processionary moth, native to southern Europe, causes human and animal—as well as plant health—impacts, and the majority of the United Kingdom is designated as a protected zone against this damaging pest. The pest is established in many parts of Europe, and there has been an expansion of its distribution. Following a number of interceptions in the UK this year, we quickly identified that the current import requirements were deficient and took rapid action to strengthen them. In particular by taking national measures, we have removed altogether the option that allows larger oak trees to be imported from open nurseries in areas where OPM is present. This has essentially closed off all imports of such trees from countries such as the Netherlands, where the pest is established. At the same time as strengthening the legislation, the Forestry Commission and the APHA took swift action to eradicate findings in the protected zone, including surveillance, tracing work and the destruction of caterpillars and infested and related trees.
- The instrument also amends primary legislation to remove references to EU obligations. These changes have no operational impact but simply remove redundant and inoperable references to EU obligations.
- As is customary, we have worked closely and extensively with our devolved counterparts, with Regulation 2 of this instrument applying to Great Britain, Regulation 3 to Northern Ireland and Regulations 4 and 5 to England, Wales and Northern Ireland. The Scottish Government are replicating the changes in Regulations 4 and 5 to provide a UK-wide approach. In this area, the way in which we work with the devolved Administrations is not only common sense but absolutely the right way forward. I am pleased that we have that very collaborative approach and will continue to do so.
- For the reasons I have outlined and because of some of the examples of the pests we are contending with, I beg to move.
- My Lords, I welcome this measure by the Government, because we all find plant health extremely important in this country. As somebody with some small woodlands and gardens, I am conscious of diseases and things that have affected the country.Presumably the plant health regulation was initially to do with diseases that were not in the EU. I was glad to hear my noble friend the Minister outlining that his department has picked up on diseases already in the EU. We need our own protection to prevent them being brought into this country.I have just had a quick glance through the paper. The range of plants included is amazing: prunus, apples, roses and oak trees. I see, from the list of diseases the Minister is on the lookout for, that we need very good protection, and I am glad to think that the department is putting in place all this detail.Most of these are things which we wish to keep out of this country. I just noticed in tidying up the legislation the restated phytophthora ramorum, which we already have in this country and which is causing a bit of damage, although not as much as some of the other diseases going about. We have had a lot of trouble with the other one—phytophthora lateralis—which is attacking ash trees across Scotland. I gather that the Government’s approach is to leave it to work and see whether we have any ash trees that will resist it, which is a fairly low-key, not very active approach. Let us hope that it has some success.
- My Lords, I thank the Minister for his comprehensive introduction to this very important matter for the UK. I am grateful to him and his officials for their time in providing a very helpful briefing.Some of the language in this extensive SI is unfathomable to anyone not steeped in the science. As just one example, Regulation 4(6)(b)(ii) in Part 3 refers to,“an official statement that it has been squared to entirely remove the natural rounded surface”.This seemed an absurd statement to me and I am extremely grateful for the explanation that squaring a tree trunk removes the bark, which harbours many pests and diseases. This bark is then chipped or made into sawdust. The SI sets out regulations for how that by-product is to be treated, dependent on the country of origin, before importation, thus avoiding the transfer of disease.The biosecurity of our native trees, shrubs and plants against pests and diseases is one of the most important aspects of ensuring that our countryside and way of life are preserved into the future. When and if we leave the EU, being confident that imported pot-grown oak trees are free from oak tree moth is vital. The oak tree is such a national icon that it would be devastating if it were to suffer the fate brought by Dutch elm disease and ash dieback. There appear to be a number of processionary moths attacking our trees, as the Minister has said, from oaks through to pines. It will be important to try to ensure that imports come only from areas and countries which are declared protected zones and to import at the time of year when the pests are known to have died off due to temperature or are dormant.I turn now to cut flowers and pot-grown plants, some of which are seasonal. We are currently approaching the season when hundreds of thousands of poinsettias will appear in nurseries, florists and supermarkets. Some of us may even be given them as gifts. Poinsettias are grown under glass in cold climates, but in the open in warmer areas such as the southern states of the USA. Plants grown under glass are susceptible, as the Minister has said, to tobacco whitefly, which is undetectable to the naked eye. This pest spreads a virus which, if imported, could get into our salad crops, which are also grown in glass-houses. In an age where climate change is high on everyone’s agenda and in which we should be moving towards more self-sufficient, homegrown food production, the protection of salad crops is extremely important.
- My Lords, I thank the Minister for his excellent introduction to the regulations before your Lordships’ House this afternoon. I am very grateful to him and his officials at the department for the detailed briefing they organised yesterday. I declare my interest as a farmer in receipt of EU funds.As the Minister said, these regulations include the latest updates agreed at EU level. I commend his department for taking the lead in EU discussions on protection against the rose rosette virus and extra protection measures against the oak processionary moth. But that begs the question: what mechanisms do the Government envisage are necessary to continue the UK’s influence and the exchange of information should the UK leave the EU? What are the sharing arrangements around biosecurity post EU exit date? Under the withdrawal Bill, will the UK still have access to the surveillance notification systems of the EU? What contingency arrangements are in place in the event of there being no access, which would occur if the UK was so careless as to let a no-deal scenario come to pass? Will the Minister at least assure me that all future updates that the EU may undertake are being carefully monitored?As the Minister explained, these new regulations follow the latest risk assessments to protect biosecurity while facilitating the exchange, trade and movement of plants and plant material. There are many reasons for such movement, from access to genetic material, research and development and commercial trade to the movement of plants and food for retail to the consumer. The overriding and most important factor is to reduce all risk to biosecurity. I approve these technical amendments as being necessary to ensure that all EU protective measures against the introduction and spread of harmful organisms are in place and effective on any EU exit date.Controls must take precedence over and above commercial pressures. Nevertheless, the Government must ensure that trade is facilitated within these parameters. For example, one of the measures taken is against tobacco whitefly, which pose risk to greenhouse produce through the supply of poinsettias, which are much in demand at Christmas. The pest is endemic in regions that produce poinsettias. Is the Minister satisfied that the APHA will have the necessary resources available to cope with supply chains sensitive to such dates, whether it be poinsettias for Christmas, roses for Valentine’s Day or flowers generally for Mother’s Day? What contingency arrangements are in place to deal with seasonal spikes in demand?
- 6:30 pm
- The oak processionary moth is a case in point. First found in 2006, it has gained a foothold in Greater London, where further imports could lead to an expansion of its range. OPM caterpillars have been recently identified on trees from the Netherlands.
- At present, the EU plant health directives require checks on material imported from third countries at the point of entry into the EU. However, following EU exit, is it correct that such material from other third countries would be allowed to enter and pass through the EU on their way to the UK without any checks at any EU border, which could then lead to some oversight risks and confusion? Does the Minister share the concern that such material will no longer be checked and inspected until it has arrived within the UK?
- Among the discussions yesterday was the issue of harmful organisms through wood originating in Canada and the US. The regulations make specific references to necessary paring down of the timber to exclude bark and therefore dust and offcuts. Can the Minister confirm that APHA’s responsibilities cross over to include monitoring the sustainability of woodchip imported as part of the supply chain for biomass plants? Is he confident that measures are in place through export certificates and APHA registration to ensure frictionless trade, not only into the UK but exports, following future growth and prosperity in the sector concerned? Is he confident that future tariff arrangements will not jeopardise trade?