The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)

My Lords, these regulations were laid before this House on 1 July 2025. Today is Back British Farming Day, and this instrument seeks to do just that: back our free-range poultry meat producers. This instrument has been laid to amend existing legislation governing poultry meat marketing standards to enable free-range poultry meat to be marketed as such for the duration of mandatory housing measures introduced during outbreaks of disease, such as avian influenza, which restrict the access of birds to open-air runs. All other criteria upon which the “free range” marketing term relies, such as stocking density, age at slaughter, feed formula and poultry house pop-holes, must continue to be met. Outbreaks of avian influenza usually occur during the winter months, as was the case in 2021-22, 2022-23 and 2024-25, resulting in the introduction of mandatory housing measures for poultry that, in all cases, lasted longer than the 12-week labelling derogation period. This was for an additional 10 weeks in 2021-22, 11 weeks in 2022-23 and, most recently, eight weeks in 2024-25. So it will be important for the industry that this statutory instrument is in place for the upcoming winter period and beyond, in the event that we experience another avian influenza outbreak. Currently, when free-range birds are placed under mandatory housing measures due to outbreaks of disease such as avian influenza, the poultry meat marketing standards regulations allow poultry meat to continue to be labelled as “free range” for a maximum period of 12 weeks, known as the 12-week derogation period. After this, poultry meat from those birds has to be marketed as indoor reared. In 2024, Defra held a joint consultation on these proposed changes together with the Scottish Government. Some 79% of respondents supported the removal of the derogation. A separate consultation was conducted by the Welsh Government. The European Commission also consulted on plans to remove the 12-week derogation period from its legislation. In line with the Windsor Framework, any changes to EU legislation will also apply to Northern Ireland, when introduced. When a mandatory housing measure is imposed on poultry producers, this is to safeguard the welfare of the birds, which must be our primary concern. However, we also recognise that the current requirement for poultry meat producers and processors to re-label free-range poultry meat once the derogation period is exceeded represents a financial burden on producers. This is primarily related to the higher operating costs that continue to be incurred to maintain their free-range system, with the additional cost of having to ensure that birds are temporarily housed indoors. This is also combined with the loss of income from the premium price that free-range products attract. This statutory instrument will remove the 12-week derogation period so that free-range poultry meat producers and processors can market poultry meat as free range for the duration of a mandatory housing measure, however long that may last. With the European Union introducing a similar change to its legislation, the introduction of this statutory instrument will enable English free-range producers and processors to continue to operate on a level playing field commercially with producers in the European Union and Northern Ireland. As broiler chickens are generally slaughtered before reaching 12 weeks of age, the removal of this derogation will apply primarily to higher-value free-range birds with longer production cycles, such as turkeys, ducks and geese. We are working closely with devolved Governments to align the introduction of the planned changes. A statutory instrument was laid in the Scottish Parliament on 3 September 2025 to amend its domestic regulations in relation to the removal of the 12-week derogation period. We anticipate that the Welsh Government will make an announcement shortly regarding the removal of the 12-week derogation period within their legislation. The change to be introduced by this statutory instrument will safeguard our Great British poultry meat industry by reducing costs, continuing to ensure it is competitive against imports and by protecting the value of its products without compromising the high welfare and food safety standards expected by UK consumers and our trading partners. I beg to move.