Following last year’s mass shellfish mortality off the Yorkshire coast, the problem has still not gone away: catches of lobster are 50% down despite vessels venturing further out to sea. The Department for Environment, Food and Rural Affairs has attributed this to algal bloom, but other theories are circulating. Will the Minister publish all the toxicology data available for sediment, sea water and dead crustaceans to independent scrutiny?

Is it true that the recent extensive dredging of the River Tees is based on just one silt sample taken in February last year?

Defra in partnership with Cefas and the Environment Agency continue to investigate the cause of the incident, screening over 1,000 potential chemical contaminants, sampling water, sediments and crab tissue. Currently, lines of evidence point to a harmful algal bloom.

We continue to work closely with those in the affected area, monitoring the current situation and keeping them up to date with the findings of the investigation, including the results of ongoing testing.

We are aware that there has been an increase in reports of vomiting and diarrhoea in dogs in the Northeast, and across England. The University of Liverpool Small Animal Veterinary Surveillance Network (SAVSNET) has been investigating and found no link to the affected dogs and the incident. While it cannot definitively point to a common cause, SAVSNET does suggest this is a transmissible infection rather than contact with the beach area or sea water.

Fisheries management is devolved.

In England, inshore clam dredging, and trawling fisheries are managed and monitored by the Inshore Fisheries Conservation Authorities (IFCAs). IFCA byelaws include a variety of measures including permitting schemes to control fishing effort. Byelaws are accompanied by an Impact Assessment which sets out the anticipated costs and benefits of the proposed measure, including the environmental, social, and economic impacts. The Fisheries Act includes a commitment to develop domestic Fisheries Management Plans which will be a key mechanism to delivering sustainable and well-managed fisheries.

No assessment of the potential for compensation has been made as the investigation into the cause of the mass mortality is ongoing. The Department along with its Arm’s Length Bodies are undertaking extensive testing and engaging with fishermen and their representatives to get a fuller understanding of the incident.

The Fisheries Act 2020 enshrines in law the Government's commitment to sustainable fishing - through its objectives and fisheries statements, and through the new legal commitment to produce Fishery Management Plans (FMPs) to ensure our stocks are being fished sustainably and the marine environment is protected. Our key commercial crustacean species will be covered by FMPs.

The Government is also committed to further strengthening our world-leading animal welfare standards. Defra has commissioned an independent external review on sentience in decapod crustaceans such as crabs and lobsters, as well as sentience in the cephalopod class, which includes octopus, cuttlefish and squid. The review will be published before the Animal Welfare (Sentience) Bill's Report stage in the House of Lords. Any future actions in this area will be led by evidence and informed by engagement with industry.

The Animal (Welfare) Sentience Bill applies to vertebrates. It gives the Secretary of State a power to extend the recognition of sentience to particular invertebrates in future

Defra has commissioned an independent review of the available scientific evidence on the sentience of decapod crustaceans such as crabs and lobsters, as well as on the sentience of some other invertebrates. Its findings will be published before the Bill reaches Report stage in the House of Lords. We will consider its findings carefully as part of our ongoing work to protect the welfare needs of animals.

In 2019 correspondence between the UK CVO and the EU Commission, the Commission assured us that aquaculture Live Bivalve Molluscs (LBMs) for purification could be exported to the EU after the end of the Transition period. We understood that there would be a temporary export ban on wild harvested LBMs only, pending the introduction of new European Health Certificates (EHCs) in April 2021. The relevant correspondence was placed in the House of Commons library on 17 February. Following the end of the transition period, the Commission stated that LBMs from GB class B waters cannot be imported to the EU for purification. It is unacceptable that the Commission has changed its position regarding the export of live bivalve molluscs from Class B waters. There is no scientific or technical justification for this, and it is already impacting businesses on both sides of the channel. Defra intends to raise this issue through the SPS Committee under the TCA, now that the agreement has been ratified.

Defra officials have continued to engage with the Shellfish Association of Great Britain and individual businesses to understand the impacts of this issue and adaptation options. The number of businesses experiencing significant direct impacts is small, but those impacts are extensive. The UK Government provided up to £23m in early 2021 through the Seafood Response Scheme (SRF) and Seafood Disruption Support Scheme. The SRF provided fixed cost support for eligible seafood business across the UK. Some LBM businesses benefitted from grants of up to £10k. In addition, £32.7m was committed to replace previous European seafood funding across the UK. In England the Fisheries and Seafood Scheme launched in April 2021. This scheme is open to shellfish fishers, cultivators, and processors, including those wishing to invest in infrastructure to help them adapt to new markets.

The Food Standards Agency (FSA) has considered proposals from industry for changes to the process for classifying shellfish harvesting areas. The FSA agreed there was scope for improvement and, as a first step has reviewed its approach for Class A beds. The FSA is extending the criteria for excluding E. coli testing results that are uncharacteristically higher than those usually seen in an area. These changes will help ensure decisions affecting classification of harvesting areas are proportionate, provide appropriate levels of public health protection, and remain compliant with the legislation in Great Britain and Northern Ireland. The FSA advises that there is no added risk to consumers from the changes. It has applied rigorous scientific evidence so public health will continue to be protected. In addition, the FSA has reviewed monitoring data for borderline Class B areas and, to date, 20 shellfish harvesting areas in England and Wales have been awarded Class A status for all or part of the year. These changes and updated classifications have the potential to impact a small number of individual harvesting areas and exports to the EU, illustrating the Government's commitment to support businesses while maintaining the existing high standards of consumer protection.

The European Commission’s ban on the import of live bivalve molluscs from class B waters is wrong and unjustified. We have repeatedly told the European Commission that and we will continue to raise the issue. I am pleased to say that the Food Standards Agency has recently revised its shellfish waters classification process, ensuring that classifications are awarded in ways that are proportionate and pragmatic, and provide high levels of public health protection.

What steps his Department is taking to support the shellfish industry.

I thank the Minister for that incredibly helpful answer and for visiting my constituency yesterday to see the fishermen and shellfish industry of Brixham—it is deeply appreciated. She mentions the FSA’s report, so in the light of the Prime Minister’s answer yesterday, is there any chance that those recommendations can be brought forward ahead of September 2021?

The Government have got this one wrong and instead of blaming the European Union, they should see that the responsibility sits closer to home, with Ministers. Fishing businesses—shellfish businesses—will go bust if a solution is not found soon, and reclassifying waters is a partial fix at best. Being charitable to the Minister, if she thinks she has a case that the EU has acted unlawfully or incorrectly, why has she not begun legal proceedings against it?

First, may I correct the Minister? She did not go to the most beautiful constituency in Devon when she visited Totnes, as she had come to Axminster, in my constituency, previously. The point about the shellfish is that the European Commission has acted very badly. I have sympathy with the Ministers and huge sympathy with the shellfish industry. The FSA can still move faster to reallocate waters from B to A. We also need all the agencies working together more quickly, and I would like to see some direct support to the shellfish industry, because we are putting shellfish businesses out of business, and no politician and no Government want to do that.

A review of shellfish waters undertaken by the Food Standards Agency has resulted in 15 sites securing seasonal Class A status for between three and ten months of the year, and an additional 3 harvesting areas were upgraded to a year-round Class A status. The Food Standards Agency (FSA) is also considering changes to the classification system to ensure that classifications are awarded in a proportionate and pragmatic way while continuing to ensure high levels of public health protection. The FSA’s focus is on proposals that could impact harvesting areas that would allow more businesses to export live bivalve molluscs to the EU from Class A waters.

Longer term improvements to the quality of shellfish waters are set out in Environment Agency’s Shellfish Action Plans. The EA assesses the reason for waters not achieving the microbial standard and develops a programme of appropriate measures to address the failures. These improvement measures are then taken forward by working with water companies and the agricultural sector in the relevant catchment.

There is clear evidence that animals with a backbone (vertebrates) are sentient and this is reflected in the Government’s Animal Welfare (Sentience) Bill introduced to the House of Lords on 13 May 2021. However, the Bill also gives the Secretary of State a power to extend the recognition of sentience to particular invertebrates in future on the basis of evidence.

Defra has commissioned an independent review of the available scientific evidence on sentience in decapod crustaceans such as crabs and lobsters, as well as sentience in the class, Cephalopoda, which includes octopus, cuttlefish and squid. The review will report shortly.

I declare my entry in the Register of Members’ Financial Interests. I know that the Minister and the Secretary of State are fully aware of the problems faced by mollusc exporters from grade B waters, but are they aware of the scale? If we are to introduce innovative solutions, such as creating our own depuration plants, we need to be aware that these are sizeable operations and that businesses such as Offshore Shellfish, based in Brixham, need all the support they can get. Will the Minister take that into account and also meet that business and other organisations in my patch?

Defra is working with other government departments, industry and EU authorities to ensure smooth trade flow and minimise disruption at the border. We have established a weekly seafood exports working group to identify issues and resolve across government. A joint Defra/HMRC support package of guidance and training has also been issued to exporters, including sector-specific technical workshops for shellfish exporters. A £23 million fund has also been made available to support seafood businesses, covering losses caused by delays incurred between 1 - 31 January, with applications now open.

With regard to live bivalve molluscs, we continue to raise the issue with the EU to seek urgent resolution to their unacceptable change of position regarding exports from ‘Class B’ waters. We have offered to provide reasonable additional reassurances to demonstrate shellfish health, on the understanding the Commission must recognise the existing high standards and history of UK-EU trade.

Defra is working with other government departments, industry and EU authorities to ensure smooth trade flow and minimise disruption at the border. To do so, we have established a twice-weekly seafood exports working group to identify issues and resolve across government, as well as a Scottish Seafood Exports Task Force to consider medium to longer term issues, with the aim of increasing confidence in the seafood and aquaculture supply chains.

To further support businesses, Defra has developed a support package of guidance and training with Her Majesty's Revenue and Customs (HMRC), including an online journey that guides fish exporters through each step of the export journey. The £23 million Seafood Disruption Support Scheme opened for applications for support towards the costs of disruption of exports to the EU during January, whilst expanded eligibility criteria were announced on 21 February to target catching and shellfish aquaculture businesses which have been affected by a reduction in demand from the hospitality sector in the UK and abroad.

We are also conducting a series of sector-specific workshops in cooperation with HMRC and other partners to provide technical support to exporters, including a dedicated session for crab and lobster exporters. A joint Defra/HMRC support package of online guidance and training has also been issued to exporters,

The UK has developed the Fish Export Service to provide catch certificates for UK fish exporters for free 24 hours a day, 7 days a week. We are also looking at improvements to the Export Health Certificate Online system to simplify the process for exporters and certifiers and we continue to work closely with the European Commission and EU Member States to address issues in interpretation of Export Health Certificates where they arise at the EU Border.

We notified the industry in October and December 2020 that the EU would not accept non-depurated, live, bivalve molluscs from class B waters harvested from wild stock from 1 January 2021.

Since then, we have heard that the EU Commission additionally has concerns about the trade from registered aquaculture production businesses. We have not however had a formal notification setting these out.

We are rapidly working to identify any scientific or legal basis that might undermine the trade so that it may continue to operate on a secure footing. This work includes discussions with EU Member States and the European Commission.

We understand the importance of this trade for Welsh shellfish businesses and others in the UK.

Live bivalve molluscs such as oysters, mussels, clams, cockles and scallops can continue to be exported to the EU if they are harvested from class A waters, have been cleaned or have cleared end product testing in GB.