At the start of the House’s considerations on day three of Report, I declare my interests as stated in the register, and that I am in receipt of funds under the CAP system.
I rise to move Amendment 89ZA in my name, and I thank my co-signatories to Amendment 93—the noble Baronesses, Lady Bakewell and Lady Boycott, and the noble Lord, Lord Krebs—for transferring their support to this amendment as well. This amendment relates to subsection (2) of Clause 35, “Marketing standards”, in Part 5. That imported food products comply with British domestic standards needs to be backed up with certainty for the British consumer. Clause 35 also specifies Schedule 4, where agricultural products are made relevant to marketing standard provisions.
It is vital that the Bill sets the vision for the future approach of the UK’s agricultural and food policy. It can also signal to existing and future trading partners that the UK is committed to championing high quality and high standards in food around the world. While the establishment of the Trade and Agriculture Commission may have calmed some people, the temporary and limited nature of that body—which we will discuss in a later group of amendments—has served only to energise others.
There was a lot of debate in Committee on labelling, and this will be reflected today in discussions on amendments in the next group. In the UK, there are several quality schemes—the Red Tractor mark, Freedom Food, British Lion, organic and many others—which allow consumers to know at a glance that the products they are purchasing meet certain requirements. While these should continue to act as identifiers of quality British product, rather than being extended in their scope, Amendment 89ZA would allow the department to introduce the merits of some form of “meeting UK standards” badge. However, labelling would not work universally in practice, as 50% of food is consumed outside the home. The importance of the food service sector has been highlighted repeatedly throughout discussions on the Bill. That is why the amendment is linked intrinsically to Amendment 93 in this group, which I shall speak to now.
I am grateful that the Government agree that Amendment 93 is understood to be consequential to Amendment 89ZA. I begin by thanking the noble Baroness, Lady Bakewell of Hardington Mandeville, for adding her name to this amendment, signalling how important this is to her and her party. I also thank the noble Lord, Lord Krebs, and the noble Baroness, Lady Boycott, for consistently championing high standards in production methods, the environment and the importance of nutrition.
The strong theme running through your Lordships’ deliberations on the Bill is that of standards. This is not just a matter of food safety. Standards are important in husbandry methods—agricultural, horticultural and forestry—environmental and climate aspects, food nutrition and labelling, and imported foodstuffs marketed in this country. This group of amendments will determine how the UK’s standards will be set at the outset of our EU exit, and how they will be maintained.
Low-quality food cannot be allowed to jeopardise rural communities by undercutting UK farmers with product made using methods that would be illegal here. The National Farmers’ Union mounted a campaign on production standards that attracted over 1 million signatures. A Which? report found that British people really care about their food and expect that the UK will maintain high standards and, with time, enhance them—95% of respondents agreed with such a statement.
Consumers care about the welfare implications of, for example, US production methods that necessitate that chickens need chlorination to be made safe. They do not want chlorinated chicken or hormone-treated beef to be permitted to be imported and available on supermarket shelves. Voters who voted to get Brexit done can be forgiven for thinking that this was going to be enshrined in legislation—after all, it was in the Conservative Party manifesto. Now certainly is the chance to get it done here. In the Commons, a previous Conservative Government Minister, Neil Parish, proposed a similar amendment. He is now chairman of the prestigious Environment, Food and Rural Affairs Select Committee.
This amendment makes various key improvements. It prevents any agri-food chapters of a trade agreement being ratified unless, first, the Secretary of State has laid before Parliament a statement confirming that any products imported into the UK will meet the minimum production standards of British law at the time of entry into the country. Secondly, the Secretary of State must lay regulations specifying a process for determining that the standards to which an imported food product has been produced or processed
“are equivalent to, or exceed, the relevant domestic standards and regulations in relation to animal health and welfare, protection of the environment, food safety, hygiene and traceability, and plant health”.
Thirdly, the House of Commons must approve the relevant trade deal chapters, and your Lordships’ House must debate them, in much the same fashion as it did the Brexit withdrawal deal.
Supermarkets have also endorsed the commitment to protect British food standards from dilution in trade deals. Waitrose and Aldi have committed to not stock lower-standard imported food. Just recently, the first stage of the Defra-commissioned national food strategy, chaired by Henry Dimbleby, also called for such a verification programme of core standards for imported food.
I turn now to Amendments 94 to 96, in the name of the noble Viscount, Lord Trenchard. His explanatory statements claim that Amendment 93 as drafted is inconsistent with the WTO’s sanitary and phytosanitary
agreement as it refers to domestic, not international, standards. I hope noble Lords will indulge me if I read a short extract from the WTO’s own guidance on SPS agreements:
“The Agreement on the Application of Sanitary and Phytosanitary Measures sets out the basic rules for food safety and animal and plant health standards. It allows countries to set their own standards. But it also says regulations must be based on science. They should be applied only to the extent necessary to protect human, animal or plant life or health. And they should not arbitrarily or unjustifiably discriminate between countries where identical or similar conditions prevail. Member countries are encouraged to use international standards, guidelines and recommendations where they exist. However, members may use measures which result in higher standards if there is scientific justification. They can also set higher standards based on appropriate assessment of risks so long as the approach is consistent, not arbitrary.”
Finally, the last part says:
“The agreement still allows countries to use different standards and different methods of inspecting products.”
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Noble Lords will know that, in agriculture, as in other areas, international organisations such as the European Union and the WTO set baseline standards and regulations with a view to ensuring some form of level playing field. However, they are just that—a baseline. In the EU, member states often exceed these standards and, by the WTO’s own admission, the UK is free to do so if that is based on evidence and it treats different trading partners consistently. As the Government have said, the UK currently has policies in place that restrict the importing of chlorinated chicken and hormone-treated beef. These policies are evidence-based, with studies showing that certain harmful bacteria can survive chlorine rinsing, and the ban applies equally to other countries. The US is often cited as an example, because it is one of the few producers that employs the technique in a widespread manner. Other countries, such as Australia, also have problematic animal welfare standards.
The noble Viscount, having long espoused the positives of leaving the EU and its supposedly overburdening regulations, now appears to be taking the position of arguing against the UK Secretary of State establishing a set of domestic standards in British law. Instead, he seems to be proposing that we fully align ourselves to international agricultural regulations, even in cases where this may undermine our own interests or those of our farmers. I will allow noble Lords to draw their own conclusions on the intention behind these amendments, but I do not regard them as necessary. I therefore hope that, if they are pushed to a vote, your Lordships’ House will reject them, allowing Amendment 93 to return to the Commons in the form printed on the Marshalled List.
I close by expressing my gratitude to the noble Lords, Lord Wigley and Lord Empey, for their Amendments 103 and 105. They may have taken slightly different approaches, but the theme is consistent: the legislation before the House should deliver on the Government’s own stated aim of maintaining the UK’s high agricultural and animal welfare standards. I also thank the noble Baroness, Lady McIntosh, for Amendment 90. We agree with the sentiments behind the amendment but cannot support it, as our amendment is much preferred. I hope that all noble Lords will feel
able to support the amendments in my name and I signal my intent, at this stage, to call for Divisions on them. I beg to move.