Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019

Debate between Baroness Bakewell of Hardington Mandeville and Baroness Chisholm of Owlpen

Wednesday 30th October 2019 Grand Committee

[Baroness Chisholm of Owlpen (Con)]

My Lords, the instrument amends existing domestic legislation to ensure operability following EU exit. The SI relates only to Northern Ireland, concerning devolved areas of policy ranging from animal and plant health, non-native invasive alien species and the wider ecosystem, which would normally be dealt with by a devolved Administration. The regulation relates to protecting biosecurity. The changes do not introduce any new policy but seek to ensure that legislation is fully operable after exit.

The SI will make minor amendments to existing Northern Ireland domestic legislation, namely the Eggs and Chicks Regulations (Northern Ireland) 2010. These regulations make provision for the enforcement and execution of EU marketing standards relating to eggs for hatching and farmyard poultry chicks and eggs in shell for consumption. They also make provision for the enforcement of controls for salmonella serotypes with public health significance in relation to the marketing and use of eggs in shell for human consumption. They confer powers of entry and seizure and other enforcement powers, including the power to destroy seized products.

This SI amends the eggs and chicks regulations to ensure operability following exit by omitting EU requirements, namely offences of not marking eggs, or not marking eggs correctly for delivery between member states. The instrument also removes a reference to Article 4 of Council directive 1999/74/EC, replacing it with a reference to the Welfare of Farmed Animals Regulations (Northern Ireland) 2012. The instrument prohibits the importation of animal pathogens or carriers of such pathogens except under a licence issued by DAERA. This SI makes minor, technical amendments to this instrument in relation to a reference to, and a definition of, “another Member State”.

On the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019, the original SI made necessary amendments to subordinate legislation in relation to animals, aquaculture, environmental protection, food and horticulture. This SI amends that regulation to insert a corrected reference to the community marketing rules offences in the Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010. The amendments in this SI provide transitional arrangements for fresh horticultural products placed on the market after exit. This will ensure that fruit and vegetable marketing labels currently allowed under EU law will continue to be permitted in the UK during a transition period of 21 months after exit day. The EU labelling requirements set out in Article 7 of Commission Implementing Regulation 543/2011 should have referred to regulation 15 rather than regulation 17 and is amended by this instrument.

The Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995 implement Council directive 92/33/EEC and Commission directives 93/61/EEC and 93/62/EEC on the marketing of vegetable propagating material other than seeds within the European Union. This instrument amends these regulations by making an operability amendment with the substitution of “European Union” with “United Kingdom”.

The Plant Health (Wood and Bark) Order (Northern Ireland) 2006 makes provision for measures to prevent the introduction and spread of harmful forestry pests and diseases. This instrument amends this order by removing references to the European Union, omitting EU decision references that are not operable outside the EU, and omitting references to EU decisions.

The Plant Health Order (Northern Ireland) 2018 makes provision for transposing the EU directives that protect plant health. This relates in particular to the official control of quarantine organisms affecting plants and plant products. In addition, it relates to official investigations and surveys, official designations of infected areas and demarcation zones for control, and measures to be taken following confirmation of outbreaks. This instrument amends the Plant Health Order (Northern Ireland) 2018 to omit definitions of decision (EU) 2018/1503 relating to the organism Aromia bungii—also known as Faldermann. This EU decision was added to the order after the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 SI was made, and is now included in the UK common list: therefore, this is not required in the order after EU exit.

The Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019 introduced penalties and sanctions to implement the requirements of Regulation (EU) 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species. Regulation (EU) 1143/2014 will become retained EU law on exit day. On that day, the list of invasive alien species known as “species of Union concern” will become,

“the list of species of special concern”,

reflecting the UK’s exit from the European Union.

This SI amends that order to ensure parity with retained EU law, omitting the definition of “Union list” throughout the order and, where appropriate, replacing the term with “list of species of special concern”. The list of special concern is defined in the amendment to reflect that the list is derived from the EU’s list of invasive alien species. Similar amendments have been made for the UK statutory instrument, the Invasive Alien Species (Enforcement and Permitting) Order 2019.

This instrument is needed to ensure that operable legislation is in place in Northern Ireland for exit day and to facilitate the flow of goods while preserving the current plant and animal health regime’s overall aim of preventing and managing pest and disease threats. It is basically a wash-up SI and I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, here is yet another SI to tidy up things for Northern Ireland. Most of the items covered have previously been debated at length, some only last week. As the Minister just said, the SI appears to be a sweep-up of things overlooked or already in need of amendment. I have little to add to previous debates.

I understand that, in terms of eggs and chicks, the instrument changes the law from EU standards to Northern Ireland standards and will help to prevent the spread of Salmonella. A limit of nine laying hens per square metre is included in the SI.

It is reassuring that a licence is required before animal pathogens are imported, with exceptions for veterinary and human medicines. I am reassured that these exceptions will continue post Brexit to ensure both animals and humans will have access to the medicines they need; that will be important.

We have had a great many debates about invasive alien species, which are numerous. Lists of the species are held in the EU and will transfer from EU to UK law, including Northern Ireland law, on Brexit. Although this is important, we all know that it is tremendously difficult to limit invasive species, which, as their name suggests, are hardy and difficult to eradicate.

Noble Lords will be pleased to hear that I will not go through the whole list of subjects covered by the SI. Despite the many items it covers, I am at something of a loss to understand why this SI in particular should be subject to the urgent “made affirmative” procedure. Perhaps the Minister will comment on that.

Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Debate between Baroness Bakewell of Hardington Mandeville and Baroness Chisholm of Owlpen

Wednesday 23rd October 2019 Lords Chamber

[Baroness Chisholm of Owlpen (Con)]

My Lords, the regulations make corrections to three other Northern Ireland EU exit instruments and amend one piece of Northern Ireland primary legislation to address failures of retained EU law to operate effectively with regard to Northern Ireland waste legislation, arising from the withdrawal of the United Kingdom from the European Union. Part 2 of the instrument amends the Waste and Contaminated Land (Northern Ireland) Order 1997. Part 3 amends three Northern Ireland EU exit SIs to correct some earlier operability changes made to primary and secondary waste legislation in Northern Ireland. This is considered necessary to ensure that a consistent approach is taken to address operability issues identified across the relevant Northern Ireland waste legislation.

All the amendments are to provisions which relate to the interpretation and application of article 16 of the waste framework directive, once the UK exits the European Union. The amendments ensure that the requirement on the United Kingdom to move towards the aim of becoming self-sufficient in waste disposal and in the recovery of waste is adequately and accurately reflected in domestic legislation. The amendments also ensure that the relevant legislation in Northern Ireland is updated to ensure there are no inoperable references to “best available techniques”. The amendments are therefore primarily corrections which are technical in nature. Importantly, there are no policy changes and there is no reduction in the environmental standards or obligations to which Northern Ireland is currently subject.

The regulations are made under Section 8 of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018. The Act retains EU-derived legislation in UK law. Section 8 of the Act enables regulations, such as those we are considering, to be made to address deficiencies in EU-derived legislation that arise from the UK leaving the European Union.

The regulations extend and apply solely to Northern Ireland. They concern matters which would normally be dealt with by the Northern Ireland devolved Administration. The Government’s preference is that these Northern Ireland regulations be made and scrutinised by the devolved institutions in Belfast. However, there is no sitting Assembly in Northern Ireland and it would not be possible to make the regulations. The Government are committed to the restoration of devolved government in Northern Ireland but, given existing circumstances, we have decided to process these and other Northern Ireland regulations made under the withdrawal Act through Parliament in order to maintain the integrity of the Northern Ireland statute book. In pursuing this course, we have worked closely with the Northern Ireland Department of Agriculture, Environment and Rural Affairs.

As with other regulations made under the withdrawal Act, these regulations have been drafted on the basis of leaving the EU without an agreement. It is, of course, the Government’s preference that there will be an agreed basis for leaving the EU. The Secondary Legislation Scrutiny Committee highlighted this SI as an instrument of interest. The committee published comments by Green Alliance which highlight the group’s concerns about the removal of references to “best available techniques” in Northern Ireland legislation. They fear that this could lower environmental standards. I categorically reassure noble Lords that there is absolutely no risk of any lowering of standards. Notwithstanding the Government’s repeated commitments to protect environmental standards, the Government are already bound by other legislation to take best available techniques into account. This SI does not change that. The Waste Management Licensing Regulations (Northern Ireland) 2003 set out these requirements in the context of establishing an adequate network of installations for waste disposal and for the recovery of mixed municipal waste from households in Northern Ireland.

The corrections and amendments in this instrument remove the requirement to take best available techniques into account in the context of article 16.1 of the waste framework directive. We are doing so to ensure that the United Kingdom can set its own best available technique requirements and emission limits going forward, rather than having to comply with those which may be produced by the European Commission after the UK exits the European Union. In respect of the amendment to the Waste and Contaminated Land (Northern Ireland) Order 1997, the reference to best available techniques in Schedule 3, which was directly copied from article 16 of the waste framework directive, has been omitted because the term is not defined or used elsewhere in the order. This would render the term inoperable.

The Government have committed to putting a process in place for determining future UK best available technique conclusions for industrial emissions post the UK’s exit from the European Union. This is being developed with the devolved Administrations and competent authorities across the UK. Legislative changes may be required to reflect the agreed process in due course. If so, your Lordships and, where appropriate, the devolved Parliaments and Assemblies, will be able to scrutinise these at the appropriate time. No comments were raised by the JCSI in respect of the regulations. As the purpose of the regulations is to make corrections and minor technical amendments, no consultation was undertaken in respect of the provisions. The regulations will not have any significant impact on business, charities, voluntary bodies or the public sector, but will help ensure legal certainty for regulators, stakeholders and the Government and prevent any ambiguity around environmental obligations.

Similar legislative updates to those contained in this instrument have already been extended to England and Wales through the Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019, which amended the Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 and the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019. These regulations maintain the integrity of the Northern Ireland statute book, ensure legal certainty as we approach our exit from the EU and ensure that we maintain environmental standards and protections across the UK. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for her extensive introduction. I am grateful to her and her officials for their time in providing a briefing.

I am reassured that this SI makes no changes to the regulations covering waste and ensures that the law around waste disposal, installations and the recovery of mixed municipal waste collected from private households after Brexit will now be exactly the same over the whole of the UK. More importantly, perhaps, for Northern Ireland, it will be the same across the whole island of Ireland, as the UK and the EU statutes will be identical, so there will be no issues should a border ever be reintroduced.

This SI covers contaminated land and the supply and storage of prescribed substances and potentially hazardous substances. This could include asbestos. Can the Minister say whether this might also include, as a hazardous substance, nuclear waste, and, if so, whether that might now or in the future be nuclear waste created in England, Wales or Scotland and shipped to Northern Ireland for safe disposal?

As this SI transfers current EU law directly into UK and Northern Ireland law, I am confident that there will be no additional costs on local authorities as they already carry out duties under waste disposal, noise and environmental liabilities.

In the Explanatory Memorandum, paragraph 2.6 refers to the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019, which have already been debated. Since SIs which have been debated are then allocated an official number, it would be helpful for this number to be used. For those of us grappling with numerous SIs, many with what appear to be the same long titles with only one word different, if where they have a number it is quoted each time they are referred to, this would make life far less confusing. That is a very minor point, but it would certainly assist the process if it were to happen. Apart from that, I am happy to support this SI.