HL Deb 24 January 1997 vol 577 cc954-6

1.30 p.m.

Lord Lucas rose to move, That the draft regulations laid before the House on 10th December be approved [7th Report from the Joint Committee].

The noble Lord said: My Lords, in moving these regulations I wish to speak also to the Control of Pesticides (Amendment) Regulations 1997. The regulations before your Lordships today complete the United Kingdom's implementation of Community rules for the authorisation of agricultural pesticides. They also make minor changes to the United Kingdom's continuing national pesticides regime.

The Government are determined to ensure that all pesticides used in this country are safe to people and to the environment. To this end, the Government introduced the Food and Environment Protection Act 1985 and the Control of Pesticides Regulations 1986. Under this legislation, pesticide companies must provide a wide range of scientific data for scrutiny by the Pesticides Safety Directorate and the independent Advisory Committee on Pesticides. Only when Ministers are satisfied that a product can be used without unacceptable risk to people or to the environment will they give approval to that product.

In the light of experience, we see advantage in making a number of minor amendments and clarifications to the 1986 regulations. This is the purpose of the Control of Pesticides (Amendment) Regulations 1997.

Most of the amendments are minor and technical but two are worthy of specific mention. The new regulations would specifically exclude pesticides acting by physical means. By this we mean devices such as glues which stick pests or greases which repel them. The rigorous arrangements applied to normal chemical or microbiological pesticides are not appropriate to this small sector of the market. We have therefore taken the opportunity to make clear that these products are outside the scope of the rules.

Following detailed public consultation, we are also taking the opportunity of achieving substantial clarification of the rules as they apply to adjuvants. Adjuvants are substances without significant pesticidal properties of their own which, when used with a pesticide, significantly increase its effectiveness. The existing rules on adjuvants have given rise to some confusion as to how and to what extent adjuvants are controlled. These regulations will provide a secure basis for the development of the adjuvant sector.

Turning to the second set of regulations, your Lordships may recall that in 1991 the European Community made its own legislation for what are termed "plant protection products", broadly agricultural pesticides. I am pleased to say that the European Community rules drew heavily upon United Kingdom experience and provide for a system of authorisation to ensure that plant protection products on the European market are safe and effective. European Community rules will only apply to a given chemical once the Community has evaluated or reviewed its safety. The transition from national to European Community rules will therefore take a considerable number of years to complete.

The detailed European Community rules for the authorisation of chemicals and products were implemented in the United Kingdom in the Plant Protection Products Regulations 1995. It is now necessary to add provisions for control and enforcement of authorised products. That is the purpose of the draft Plant Protection Products (Basic Conditions) Regulations 1997. These regulations also require approval for the advertisement and storage of pesticides. In addition, general conditions applying to products subject to the national arrangements I have already described would be applied to products approved under the European Community regime. The new regulations would provide precisely similar arrangements for the seizure and disposal of plant protection products following a contravention of the regulations. Existing powers under the 1985 Act to prescribe codes of practice and provide powers for enforcement officers apply directly to products approved under the European Community regime.

The Food and Environment Protection Act 1985 and the Control of Pesticides Regulations 1986 put in place a thorough and effective system for the regulation of pesticides. The draft Control of Pesticides (Amendment) Regulations 1997 would make minor but useful clarifications to this regime.

For agricultural pesticides, we have now started on a process of transition from these UK rules to European Community arrangements providing similar safeguards. The regulations would complete the United Kingdom implementation of these rules. By following the existing United Kingdom regime for control and enforcement, we can be confident that we will have a system that is workable and well understood.

I have been brief in describing these regulations. I should, of course, be happy to answer any comments or questions that noble Lords wish to raise. I beg to move.

Moved, That the draft regulations laid before the House on 10th December be approved [7th Report from the Joint Committee].—(Lord Lucas.)

On Question, Motion agreed to.