My Lords, I wish to speak to Amendment 92A, which is in my name and enjoys the welcome support of my noble friend Lord Tyler and the noble Lord, Lord Foulkes of Cumnock.
I am sure that there is common ground across the House that geographical indication schemes, GIs, bring marketing benefits to a considerable number of products. This amendment is very similar to the one that I supported in Committee, tabled by my noble friend Lord Tyler. Although the Minister, the noble Lord, Lord Gardiner of Kimble, gave some helpful responses on 23 July, I still seek important clarifications.
Protected geographical indication schemes provide rules designed to protect the geographical names of food, drink and agricultural products. As I noted in Committee, the National Farmers Union of Scotland describes the Scottish ones, not least the Scotch beef PGI and Scotch lamb PGI, as being of strategic importance to Scottish agriculture’s output. In speaking to his amendment, my noble friend Lord Tyler referred to the importance of protected GI schemes for Cornish pasties, clotted cream, Melton Mowbray pies and Stilton cheese. I am sure I do not need to remind your Lordships again of their importance to Scotch whisky.
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As far as protection within the United Kingdom is concerned after the transition period, both the withdrawal agreement and the Defra guidance note indicate that there will be a UK scheme that will maintain a register of protected product names. This should ensure protection in the UK for a number of geographical indication products of importance to EU countries, as well as for UK produce currently given protection by the European Union schemes. The object of this amendment is to seek clarification on what continuing protection will be given to UK geographic indications in the EU and further afield after the end of the transition period.
In response to our debate in Committee, the Minister said that
“we fully expect all 88 geographical indications from the UK to remain protected in the EU after 31 December this year.”—[Official Report, 23/7/20; col. 2465.]
Article 54 of the withdrawal agreement is silent on the protection of British geographical indications in the EU, so can the Minister spell out the basis of that expectation? Is it that, once on the EU register, a British GI cannot be removed capriciously if it continues to meet European Union requirements, and does it give protection to third countries with which the European Union has a trade deal?
Clarification is particularly needed because it was reported in the Financial Times as long ago as 2 April that the United Kingdom is pushing to water down its commitments under the withdrawal agreement to recognise valuable European regional trademarks, such as Parma ham and champagne. This was followed up by a report in the Guardian more recently, on 28 August, which said:
“The UK government has renewed its attempt to reopen the chapter of the Brexit divorce treaty protecting specialty food and drink, such as Parma ham, roquefort cheese and champagne, in a move that left the EU chief negotiator, Michel Barnier, ‘a little bit flabbergasted’.”
The report in the Guardian went on:
“The British proposal on protected status for food and drink was included in a draft free-trade agreement handed to Barnier by his opposite number, David Frost”—
now the noble Lord, Lord Frost—
“last week, according to two EU sources.”
I am reminded of the reply from the noble Lord, Lord Gardiner of Kimble, to the debate on 23 July, when he said:
“What the UK is doing in negotiations with the EU is preserving its right to set its own GI rules in future.”—[Official Report, 23/7/20; col. 2465.]
Therefore, when the Minister comes to reply, can she spell out what she sees as a successful negotiation in that regard?
Against such a background of news reports, not least regarding a British proposal on protected status for food and drink in a draft free trade agreement, will she take this opportunity to clarify the position and dispel any notion that the UK seeks to renegotiate and allude to the important protections at home and abroad for products valuable to both our national and local economies?