My Lords, I rather feel that we have gone into interesting territory on a number of the subjects that, in the end, go back to the parent regulations when we are dealing with technical amendments. However, I will endeavour to answer as many of the important points made as I can.
I start with an explanation for the noble Lord, Lord Rooker, and the noble Baroness, Lady Masham. My understanding—I may need a stewards’ inquiry on this—is that Article 12(2) was omitted because it refers to samples being sent to the relevant European Union reference laboratory but after exit day, in a no-deal scenario, the UK would have no formal access to check test results at that laboratory. The paragraph is therefore otiose. However, I emphasise that there will be no lowering of standards in checks on horses imported into the UK, so there will be no greater risk of horse disease. I have not seen the Friends of the Earth briefing but all the instruments have been checked by two specialist drafting lawyers in addition to our own. I will take a copy of the briefing, either from the noble Lord or any other noble Lord with a copy, back to the department. In truth, I find the statutory instruments pretty impenetrable without a Keeling schedule, and the Explanatory Memorandum gets me out of trouble. I will look into this issue. I want to take this opportunity to reassure the noble Baroness, Lady Masham, that we have absolutely no intention of allowing a diminution in standards. The omission is because we would not be in a position to refer to an EU reference laboratory in that instance.
A number of noble Lords mentioned listing. I discussed these matters with the Chief Veterinary Officer only two days ago. The Commission’s recent contingency action plan states:
“On the basis of the EU veterinary legislation, the Commission will—if justified—swiftly ‘listʼ the United Kingdom, if all applicable conditions are fulfilled, so as to allow the entry of live animals and animal products from the United Kingdom into the European Union”.
Following the UK’s application, there have been technical discussions. We are working with the Commission to process our application quickly. Obviously, I cannot give any assurances on that point. I am not in charge of the Commission on this matter—I wish I were—but I raised it with the Chief Veterinary Officer, who has been in communication and is working on it.
My noble friend Lady McIntosh mentioned pet listing. If she will forgive me, I will write to her on exports, given the huge number of replies I must give on instruments relating to imports. I understand the import/export point, but a lot of the detail on exports is not in the department’s gift. It will be a matter for negotiations and arrangements, but I have set out our proportionate views on how we in this country, where we will have responsibility, will deal with animals and imports coming in from the EU.
On pet listing, the department has submitted its application to allow the UK to become a Part 1-listed third country under Annexe II of the EU pet travel regulations and is currently in technical discussions with the European Commission. Obviously, it will be for the Commission to consider our application. Clearly, if we become a Part 1-listed country, there will be very little change to current pet travel arrangements.
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In the event of an unlisting, pets would continue to be able to travel from the UK to the EU, but the requirements for documents and health checks would differ, depending on what category of third country the UK is treated as under the EU pet travel scheme. If we were to leave without a deal and were treated as unlisted, pet owners travelling from the UK to the EU would have to obtain a health certificate for their pet which would need to be issued by an official veterinarian no more than 10 days before travel. Considerable work has been done with the veterinary profession. Some months ago—it was some time last year—a lot of discussion took place with the profession, because there would need to be, for example, appropriate and adequate immune responses to rabies vaccinations. That shows why we are working as strongly as we can to get the listing, but it is not in my gift or the Government’s gift to agree these things. All that I can assure your Lordships on is that the Chief Veterinary Officer, in whom I have the greatest confidence, and her team are working extremely effectively and collaboratively because our working relationship with EU member states and the Commission on disease and such things is very strong.
The noble Baroness, Lady Parminter, asked why we did not deal with wild animals in circuses at this juncture. I am advised that it is because what we are doing here is through the mechanism of the EU withdrawal Act, which does not give scope for doing what the noble Baroness and the noble Lord, Lord Knight of Weymouth, would wish. It is not within scope, so I suspect that we would have been ultra vires of the Act. As the noble Baroness said, since the licensing regulations were introduced no travelling circuses based outside the UK have applied for a licence to tour. This is unfinished business. The department very much hopes that the Private Member’s Bill of the Member for Copeland will have a successful passage—it is currently in the other place—as this matter needs to be attended to.
The noble Lord, Lord Trees, asked about dogs coming in from third countries. These instruments make no policy changes, so the requirements for dogs entering the UK from third countries will not change. On ticks, as the Biosecurity Minister I am always thinking about ways to heighten our biosecurity in the future. However, the Government have no immediate plans to change the pet travel requirements in the short term. For entry into the UK, the current pet travel health requirements will continue to apply. Looking to the future, it may be open to us to look at new opportunities to manage pet travel arrangements and to think more strongly about whether, given that we do not have some diseases that occur in other parts of the EU, we should think about more robust controls on disease, which obviously is important for animal welfare.
A point was made about reciprocity. The Government took the decision not to impose any additional import requirements on movements from the EU. That decision was taken because we did not believe that the biosecurity risk to the UK would change in such a way for us to feel that we should change them on day one. We also think it important to ensure that there is a flow of goods at the border. We already have our existing controls in place, so these instruments do nothing more than to maintain the status quo.
I was asked whether the commercial movements of dogs and others under the Balai directive are still covered. Commercial movements are covered by the Trade in Animals and Related Products Regulations 2011, which are amended by a domestic statutory instrument. I think I had better unclutter that for the noble Lord because it did not flow frightfully will. Regarding disease and import requirements, APHA at Weybridge will undertake the testing on UK exports, and its equivalents in other member states will do the testing before arrival in the UK.
The noble Lord, Lord Knight, made a number of points. I start by saying emphatically—I hear this point every time and will say this for as long as I need to—that we will not compromise food safety in pursuit of a trade agreement. Maintaining safety and public confidence in the food we eat is of the highest priority and any future trade deal must work for UK farmers, businesses and consumers. Any new products wishing to enter the UK market must comply with our rigorous legislation and standards. If any food safety rules change after we leave or any new food products come on to the market, we will apply our usual rigorous risk assessment to ensure that consumers remain protected. On chlorine and hormoned beef, we will continue with all the arrangements we have as a member of the EU; they will continue when we leave the EU. I am delighted to put that on record, I think for probably the tenth time—it may be more—but it is important that I should do so.
The noble Lord, Lord Knight, was absolutely right to raise the veterinary profession, as did the noble Lord, Lord Trees. A lot of work has been done with the veterinary profession, and the department has had very strong and collaborative discussions with the BVA and the royal college. Certification support officers were mentioned. Those officers are there to assist with the paperwork for export health certification. They will be fully responsible to the qualified official veterinary surgeon, who will be the only person that can sign off the certificate. This is designed to enable the vet to get on with their job, given their qualifications. It is entirely pragmatic and no noble Lord should see it as a ruse to suggest either that we are lowering standards or that we want to reduce the number of vets—absolutely not. This is about what we think would be a proportionate way of managing. Indeed, there have been very considerable discussions with the veterinary profession about training and the continuing work that needs to be done to keep our country safe.
The noble Lord, Lord Knight, also referred to BIPs. Consignments originating in the EU will not initially be required to enter the UK through a border inspection post. For this reason, we do not anticipate a significant increase in demand for BIPs at UK ports
receiving ferries coming from the EU. This is based on our assessment that, as there were requirements within the EU for food safety and so forth when we were a member, this is a sensible and pragmatic approach.