My Lords, I thank the Minister for introducing these regulations. They seem to me to be another last-minute sticking plaster to protect farmers and our food security from the damage done by the UK’s botched exit from the European Union.
As we have heard, the instrument allows seeds treated with plant protection products, which have been authorised in at least one EEA member state before 31 December 2020, to continue to be used in the UK for an additional three and a half years to 1 July 2027; otherwise, the authorisation will end at the end of this month. Can the Minister tell us why these products have not been authorised for use in the UK in the three years since the end of the Brexit implementation period? Why has it taken so long for nothing to be done?
The regulations also allow those who hold a valid parallel trade permit to apply for it to be continued for another two years. As we heard from the noble Baroness, Lady McIntosh of Pickering, the NFU tells us in its briefing that it needs five years rather than two to source equivalent products and that, without that, UK farmers will be at a disadvantage compared to EU farmers and will incur extra cost. Can the Minister say why the Government are allowing only two years? Defra says that the provisions will allow manufacturers sufficient time to apply for parallel product authorisation and PPP users to source alternative pest management solutions. I am still wondering what the hold-up is.
I always look forward to the arrival in my inbox of the Secondary Legislation Scrutiny Committee’s regular excellent reports. Its latest report shows that it shares my concerns that even further extensions may be needed on top of the ones we are discussing today if the sector does not get on with applying for authorisations or if the process of authorisation continues to be as tardy as it has been for the past three years. Have the manufacturers not bothered to make applications since 2020 or has the system failed to process them? Which is it?
In reply to the committee, Defra denied that there was a problem with the Health and Safety Executive’s capacity to process the documentation. However, it commented that
“the preparation, submission and assessment of new GB applications is a multi-year process”.
It went on:
“One application has already reached the assessment stage”.
One? After three years? These are important products to farmers. Defra has offered to consider streamlining the guidance to encourage industry applications. Perhaps there we have the answer to the mystery of why it has taken so long. Is this unclear guidance or gold-plating? Or has the whole thing fallen foul of the massive amount of work that the Civil Service and other organisations have had to do as a result of Brexit?
Defra’s reply to the committee emphasised the Government’s commitment to integrated pest management, which the Minister has repeated today. I applaud that approach, as do farmers who do not want to waste money on excessive spraying. However, I point out that the national action plan on pesticides, mentioned by the noble Baroness, Lady McIntosh of Pickering, was expected in spring 2022. How do I know this? It is on the Defra website; the consultation ended in February 2021. So, finally, can the Minister say when farmers and horticulturalists can expect this delayed national plan, because it will affect their ability to plan their cropping and land use, and the profitability of their businesses? I hope that the Minister can answer my questions.