My Lords, we have certainly had a fulsome debate on this matter. Whether it was in favour of or against these amendments, the opinion of this House was very clear. As I said, the Government’s manifesto commitment—I am pleased to add further to the record of my remarks of the noble Lord, Lord Rooker—is that in all our trade negotiations we will not compromise on our high standards of environmental protection, animal welfare and food standards.
I am grateful to my noble friends Lady Noakes and Lady Neville-Rolfe. I would reply to the noble Lords, Lord Purvis of Tweed and Lord Rooker, by saying that none of the 20 continuity trade agreements signed to date would undermine domestic standards. This demonstrates the Government’s commitment not to compromise on our high standards in trade agreements. I am fully aware that until all the trade agreements have been signed and settled, some of your Lordships simply will not believe that this is the case. I look forward to those noble Lords who are determined that this is not the case at least having the courtesy to say, “Actually, our fears have been allayed”. I set that as a challenge.
I confirm once again that the Government are well aware of the vital importance of maintaining—indeed, enhancing—the UK’s farming reputation, as it serves as an excellent platform to increase demand for UK produce and consequently enhance export opportunities for our agri-food businesses.
On my noble friend Lady McIntosh’s Amendment 90, the Government are dedicated to improving animal welfare standards. For instance, we have committed to a serious and rapid examination of the role of labelling in monitoring high standards and high welfare across the UK market; we will consult on that at the end of the transition period. The animal welfare labelling consultation’s objective is to seek stakeholder views on different possible policy outcomes for improving consumer transparency in relation to the animal welfare standards of produce for sale. This could apply to domestically produced products and those imported from third countries, as well as animal welfare standards on farms, in transport and at slaughter. The Government will consider what possible labelling reforms might be pursued in the light of responses to the consultation, which at this stage they do not want to pre-empt. Changes to how products are labelled will not mean changes to our existing standards for how products must be produced. I also say to my noble friend that marketing standards in England are already very high, as they are consumer and retailer led and often go over and above the current EU standards. We will not use Clause 35 to lower standards for products either produced in England or imported, only to make or amend domestic marketing standards.
On Amendments 89ZA, 93 and 105, as your Lordships know, the Government made an unequivocal commitment in our manifesto not to compromise on our high standards in our trade negotiations. Of course, I understand concerns in this area; they have been aired this afternoon. I have already said that noble Lords’ immediate concerns can be allayed by the example of the 20 continuity agreements. I wish to highlight the
risks of duplication and complication in what the amendments present, compared with our existing protections. I will tell your Lordships of the robust processes, bodies and systems in place to protect our standards.
The EU (Withdrawal) Act 2018 retains in law our standards on environmental protections, animal welfare, animal and plant health and food safety at the end of the transition period. This provides a firm basis for maintaining the same high level of protection for both domestic and imported products. Any changes to legislation would require these to be brought to Parliament and the usual parliamentary scrutiny processes to apply. The noble Lord, Lord Grantchester, and my noble friend Lady Neville-Rolfe referred to beef and poultry. Notably, this includes the EU law banning the import and production of hormone-treated beef, which has been transposed into domestic law and will continue to operate in the UK after the end of the transition period, applying in all parts of the UK.
I also reiterate that existing food safety provisions relating to pathogen reduction treatments permitted on poultry carcasses will continue to operate independently in UK law after the transition period. It remains the case in the UK that no substances other than potable water are approved to wash poultry carcasses.
The noble Lord, Lord Krebs, asked a number of questions. First, the Government’s manifesto commitment is clear and covers environmental protection, animal welfare and food standards. This includes standards applied to the assessment of novel foods, which the FSA will continue to lead. Also, a range of physical and documentary checks will ensure that biosecurity is maintained, alongside protecting animals and plants in public health. Also, the border operating model—I am happy to send it to the noble Lord—has been published with much more detail.
Given not only their experience but the considerable work they undertook, the noble Lords, Lord Krebs and Lord Rooker, will know that the independent work of our food regulators—the Food Standards Agency, or FSA, and Food Standards Scotland, or FSS—and rigorous processes will continue to ensure that all food imports into the UK are safe and meet the relevant UK product rules and regulations. This will include imports under new free trade agreements. In addition, the FSA recently announced that its chief executive will develop a regular written assessment, which will provide the FSA’s view on the state of food standards and consumer interests. Regulated food products, such as food and feed additives, enzymes, flavourings or GM food and feed, undergo the FSA’s risk assessment process before being placed on the UK market. This process is rigorous, independent of government and based on robust scientific evidence.
I say to the noble Lord, Lord Krebs, that the process will bring a substantial weight of expertise to bear. The FSA has doubled the number of risk assessors since 2017. It can draw on the expertise of 100 scientific experts and support staff and has recruited 35 additional members to its advisory committees. It also takes wider consumer interests into account, such as the impact on the environment, animal welfare and food security, drawing on appropriate expertise and stakeholders
to do so. Moreover, the expertise of other government departments such as Defra, the devolved Administrations and agencies such as the Animal and Plant Health Agency may be brought to bear in the risk analysis process and when considering risk management options.
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I also say to the noble Lord, Lord Krebs, that decisions to allow new regulated food products or processes into the UK market will be taken by Ministers in the UK Government and devolved authorities, informed by the independent advice of the FSA and FSS. As I have described, the risk assessment process will be based on science, evidence and other legitimate factors, including wider consumer interests such as the impact on the environment, animal welfare and food security, considered in advice to Ministers.
Any decisions by Ministers to authorise regulated products will require a negative resolution SI in each of the four UK countries to give legal effect to the authorisation. Such SIs will be subject to scrutiny in Parliament and the devolved legislatures according to the usual procedures. At the end of the transition period, we will repatriate the functions of audit and inspection currently carried out by the European Commission to ensure that trading partners continue to meet our import conditions for food and feed safety, animal and plant health, and animal welfare. This will include the capability to audit the food production systems and rules of other countries and carry out inspection visits to facilities in the countries themselves.
We will also be verifying that requirements are carried out as stipulated through checks at the border. A range of physical and documentary checks will ensure that biosecurity is maintained, alongside protecting animal, plant, environmental and public health. This will provide a robust system to maintain our high standards going forward. Our audits will ensure that trading partners have the necessary infrastructure and regulation in place to export safe food and animal products to the UK which either meet or exceed UK import conditions, and will then ensure that these standards are maintained.
The requirements set out in Amendment 89ZA and, more importantly perhaps, Amendment 93, would create a potentially vast set of conditions applicable to imports under trade agreements that do not apply under any agreement the UK, or indeed the EU, has today. This broad scope and application would create significant uncertainty about the terms of trade under any FTA and could lead to disruption under those that we are currently seeking to roll over but have not yet ratified. For future agreements, including those we currently have but will wish to update in future, the uncertainty inherent in this amendment would, in our view, cast doubt on the benefits any deal could secure for UK agri-food businesses.
The requirements set out in Amendment 105 would, in our view, similarly create considerable uncertainty about the terms of trade under any FTA, due to its very broad scope and potential application. Such uncertainty could again, we believe, cast doubt on the benefits any deal could secure for UK agri-food businesses. I say to the noble Lord, Lord Empey, that while I
absolutely respect all the points he made, the UK Government want to develop and deliver a trade policy that benefits businesses, workers and consumers across the whole United Kingdom and in which we take into account the individual circumstances of England, Scotland, Wales and Northern Ireland. Our commitment is clear that we will not compromise on our standards in trade agreements and that the FSA and FSS will continue to ensure that standards are met across the UK.
I say to my noble friend Lady Neville-Rolfe and other noble Lords that the UK has long championed the WTO and rules-based free and fair trade as a route to prosperity and security for all nations. If voted through, Amendments 93, 94, 95, 96 and 105 would, I am advised, impose an inflexible framework on negotiations and might make it more difficult to ensure that the positions we adopt in FTA negotiations are WTO-compliant.
Turning to Amendments 94, 95 and 96, as I have said, these amendments would not change the unintended disruptive effects on the UK’s trade policy that Amendment 93 would cause, as I have just outlined.
Turning to Amendment 103, I hope that I can provide the noble Lord with some reassurance that, in taking its decision on the UK global tariff, the Government had regard to the five principles set out in the Taxation (Cross-border Trade) Act 2018. These include the interests of consumers in the UK; the interests of producers in the UK of the goods concerned; the desire to maintain and promote the external trade of the UK; the desire to maintain and promote productivity in the UK; and the extent to which the goods concerned are subject to competition. All existing UK import standards that products have to meet to enter the UK market will still apply. None of these requirements will be impacted by the level at which tariffs are set in the UK global tariff.
Given the measures outlined, the Government believe that sufficient protections are already in place. Along with very respected and independent bodies, whose duties I have spent some time outlining, we are committed to ensuring that trade agreements do not compromise our high standards, and we will continue to take into account the views of relevant stakeholders across the food supply chain on the impact of trade deals. We already have in place in the UK rigorous processes to protect our standards. With that, I very much hope that the noble Lord will feel able to withdraw his amendment.