Windsor Framework (Non-Commercial Movement of Pet Animals) Regulations 2024

Baroness Hayman of Ullock Excerpts

Wednesday 27th November 2024 Lords Chamber

Moved by

[Baroness Hayman of Ullock]

That the draft Regulations laid before the House on 10 October be approved.

Relevant document: 4th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

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

My Lords, the instrument before you provides for the introduction of the Northern Ireland pet travel scheme. The purpose of the instrument is to implement arrangements agreed under the Windsor Framework which were announced in February last year. The framework represents an important step forward for the people of Northern Ireland by significantly improving on the arrangements that existed under the original Northern Ireland protocol. This Government have been very clear in their intention to secure new, better arrangements for sanitary and phytosanitary matters with the EU. We are clear that we want to continue to simplify this process as far as possible in order to support those across the United Kingdom, whilst protecting our internal market.

Turning to the SI itself, this scheme will simplify the requirements associated with moving pet dogs, cats and ferrets from Great Britain to Northern Ireland significantly. It replaces single-use animal health certificates with a free-of-charge lifelong travel document and removes the need for costly pet health treatments. Pet owners who travel frequently with their pets, or those who rely on the services of an assistance dog to travel independently, will benefit substantially from this change in approach. I am pleased to say that this benefit has been recognised by Guide Dogs UK specifically, which has noted the positive impact of removing single-use EU certificates on assistance dogs travelling to Northern Ireland.

Movement of pets for other reasons, such as young assistance dogs being moved to Northern Ireland for training or the movement of police or military working dogs from Great Britain to Northern Ireland, will also benefit. This SI also reaffirms the Government’s commitment to unfettered access, in that those from Northern Ireland have no requirements whatever beyond the need for a microchip, as is good practice already and in line with this Government’s approach to high animal welfare standards. Finally, the SI empowers relevant competent authorities to carry out their respective responsibilities as part of the scheme in Great Britain and in Northern Ireland. This will ensure that the scheme is sufficiently robust and ensure that those travelling with their pets have the best experience possible.

To summarise, the Windsor Framework is already successfully restoring the smooth flow of trade within the UK internal market by removing the burdens that have disrupted east-west trade, as well as safeguarding Northern Ireland’s place in the union. This instrument is essential in implementing those benefits: an international treaty negotiated by the last Government that this Government have committed to delivering in good faith. I hope noble Lords will agree that the Northern Ireland pet travel scheme delivers significant benefits for pet owners and for assistance dog users across the UK, and I urge all to support its implementation. I beg to move.

Amendment to the Motion

Moved by

--- Later in debate ---

We are not dealing with a perfect situation or a perfect set of solutions. We are still finding our way in this post-Brexit world. None the less, I believe that the regulations before us represent a small step in the right direction.

[Baroness Hayman of Ullock (Lab)]

My Lords, I am very grateful for the many contributions we have had this evening and I thank the noble Baroness, Lady Hoey. As a number of noble Lords have said, including the noble Baroness, Lady Foster, it is important to have opportunities to debate these issues in some depth, because they are complex issues. I thank the noble Baroness, Lady Suttie, for appreciating that I am doing my best to work through these complex issues and understand all the different perspectives and points of view, so that I can do my job as effectively, efficiently and transparently as possible as we move forward on some quite complicated—and, in some quarters, controversial—regulations.

Regarding the Windsor Framework, there has been a lot of discussion. The noble Lord, Lord Bew, made some very pertinent points and referenced some things that have been previously mentioned by my noble friend Lady Anderson. I have got a lot of questions to answer and I do not want to get bogged down in wider discussions about the Windsor Framework at this point—I will come back to them. However, one thing I do want to say, and my noble friend Lady Ritchie mentioned this, is that we are trying to work more constructively with the European Union; we are trying to reset that relationship. I have heard a number of criticisms of the European Union’s attitude towards discussions and negotiations and I am hoping that, with a more constructive approach to working with the EU, we may be able to make some progress in how we manage things going forward.

A number of questions were asked around checks. To be completely clear, Northern Ireland pet owners will not face any checks and there will be no checks for pets travelling from Northern Ireland into Great Britain. I will go on to a few other questions. The noble Lord, Lord Blencathra, asked about unfettered trade and whether the Government were still committed to it. I can confirm that the Government have long-standing commitments to ensuring that Northern Ireland’s businesses have unfettered access to their most important market, which is of course Great Britain. That was legislated for in the UK Internal Market Act 2020 and is reflected in the border target operating model, which this Government are continuing.

The noble Lord, Lord McCrea, asked whether there had been an impact assessment. I can confirm that a de minimis assessment was completed for this statutory instrument, which is in line with standard practices and thresholds for the evaluation of impacts where these are expected to fall under the de minimis threshold. The assessment is that the Northern Ireland pet travel scheme will deliver large net benefits, particularly to UK pet owners.

Consultation, and the lack of it, was mentioned by a number of noble Lords. While there may not have been a formal consultation, the Government engaged comprehensively with interested stakeholders—including pet owners, ferry and airline companies that operate the travel routes between GB and Northern Ireland, and commercially owned pet microchip database operators—when the regulations were drafted.

Assistance dogs were mentioned. Guide Dogs UK has specifically highlighted the positive impact of removing single-use EU certificates on assistance dog owners who are travelling to Northern Ireland. The British Veterinary Association outlined that the arrangement will reduce paperwork and health treatments for vets.

My noble friend Lady Ritchie asked about the information being provided. I can confirm to her that there will be a public communications campaign; it is currently being planned. Officials are working with stakeholders, including vets, on that communications plan.

I turn to the SI’s requirement that pet owners apply for pet travel documents, because a number of questions were asked about that. Under the Northern Ireland protocol, dog owners in Great Britain would have to go to the vet and be checked for EU animal health certificates, rabies vaccinations or tapeworm treatments. That would cost the pet owner a considerable amount of money every time they wanted to travel into Northern Ireland. In practice, there are currently no routine checks on pets travelling between Great Britain and Northern Ireland, but of course this was only a temporary arrangement while the Windsor Framework pet travel scheme was being agreed. Officials have always reserved the right to undertake checks, should there be any suspicion of illegal activity or any welfare concerns.

The Northern Ireland pet travel scheme is designed to greatly simplify pet movements to Northern Ireland. There are no health treatment requirements; instead, the pet travel document requires more basic information. It is free. It can be applied for very easily and quickly online, and you do not need to visit a vet to do that. I also want to confirm that Northern Ireland-based pet owners will not need any pet travel documentation or be subject to any process when they return home with their pets. The scheme needs to ensure that GB pet owners have a valid pet travel document, because we need to mitigate against any abuse of the scheme. We believe that the new arrangement will involve a smoother experience than the current legal requirements.

Microchipping was mentioned by a number of noble Lords. I confirm that microchipping is already a legal requirement in England, Scotland and Wales for all dogs. It is now a requirement for cats in England—that came into force in June of this year. Microchipping is considered good practice, and it is also part of the Government’s commitment to world-leading standards in companion animal welfare. We believe that this approach to microchipping reflects existing requirements and practice.

The noble Baroness, Lady Hoey, asked whether there would be exemption certificates for microchipping on the basis that a dog might not be able to be microchipped if a vet said that that was the case. I have been assured that if the pet cannot be microchipped with a UK chip, the pet owner can still travel with the pet animal from GB to Northern Ireland under the existing pet passport scheme.

There were mentions about how burdensome the scheme could be; the noble Lord, Lord Morrow, referred to burdens. Clearly, the scheme needs to be adhered to, but the new arrangements will create a cheaper and smoother experience for those travelling with their pet from Great Britain to Northern Ireland, because it removes the need for pet health treatments, as I mentioned. This is because the scheme recognises, for example, the rabies-free status of the UK. As other noble Lords have said, the benefit is that it also lasts for the entire lifetime of the pet.

I turn to some other questions. How will things be enforced? One thing that is important to say is that I am sure the vast majority of people will comply with the scheme and the rules. The Government intend to provide comprehensive support to those travelling with their pets to ensure that they can do so. I cannot remember now who asked about pets being taken to facilities. We need something in place, because you cannot have something that is open to abuse. You have to have some kinds of checks in place and something that happens if people do not comply. But we do expect this to be very rare. If any pet is taken to a facility, we expect that to be extremely rare—but, clearly, it is a new scheme that will be monitored and we will check progress.

Another question that the noble Baroness, Lady Suttie, asked was why the scheme covers only cats, dogs and ferrets. It is for the very simple reason that these pets make up the vast majority of movements and it is about keeping things simple and manageable. It is in line with relevant applicable regulations that have grouped these animals together. Also, they are those most susceptible to rabies. That is that is the other reason for having that in place.

The noble Baroness, Lady Hoey, asked whether everyone travelling with pets would have to be checked to identify whether people are not resident in the UK: are they travelling to Northern Ireland via GB in transit from another country? Onward travel to the EU was mentioned. There are no new requirements applied by the Windsor Framework concerning movements into Ireland, the EU or for those who are not resident in the UK, or otherwise not covered by the pet travel scheme. What is required in these circumstances is unchanged by the Windsor Framework. If pet owners wish to travel with their pet on to Ireland, provided the same rules that have applied throughout Ireland’s membership of the EU are adhered to, that option remains available to them.

I will conclude. It has been a long debate, so if I have not answered anything, I will go through Hansard carefully and write to noble Lords. I just want to summarise. The Northern Ireland pet travel scheme certainly has benefits. It is new, sustainable, durable and will support non-commercial pet travel between Great Britain and Northern Ireland, and secure the smooth movement of pets within the UK. It will also remove costs, pet health treatments and red tape.

I want to make one point before I conclude. I am very aware of the concerns that have been raised during the debate on this SI. I am aware that similar concerns were raised on previous SIs and I am sure that, as further SIs come forward, we will return to these discussions and debates. I want to reassure noble Lords who have expressed concerns that I am continuing to engage constructively with DAERA and relevant organisations in Northern Ireland. It is important that we start to rebuild trust in these areas. In fact, I am going to Belfast next week for a couple of days and intend to do that regularly as part of my portfolio. I know that a number of broader issues that have been discussed. I very much appreciated the meeting I had with noble Lords representing Northern Ireland some weeks ago and look forward to continuing that ongoing engagement, where we can get more into the depth of these broader concerns. Having said that, I thank once again all noble Lords for their contributions.

[Lord Empey (UUP)]

Can the Minister discuss with her ministerial colleagues, looking towards the review in 2026 of the trade and co-operation agreement, work which can be undertaken to find a way out of this as best as possible? It would at least be reassuring to Members. I hope that work has already started but, if it has not, it ought to.

[Baroness Hayman of Ullock (Lab)]

I apologise; I know that the noble Lord raised this in his speech. I am more than happy to speak to ministerial colleagues on those matters.

[Baroness Hoey (Non-Afl)]

My Lords, I thank all noble Lords who have spoken this evening. I want to say, as usual when this kind of statutory instrument is being discussed, that it goes much wider than the actual SI. I kept my remarks specifically to pets, and a number of questions were asked which it was very difficult for the Minister to answer. I very much appreciate her genuine sympathy and concern. We will go through Hansard to see what more needs to be answered, because one of the things that has come out of tonight’s debate is that there is genuine confusion, much more within the departments than even with the Minister. That has to be sorted.

I thank those noble Lords who supported my regret amendment. The two noble Lords who opposed it did not say anything specific about what was wrong with the issues that I raised; they tended to go wider than that. I am sorry if I pre-empted the remarks of the noble Baroness, Lady Suttie. I always know that she will say that it is all Brexit’s fault. However, I thank her very much for asking some questions that were very relevant to the debate.

Scrutiny is the reason that we are here tonight and why these SIs always take a long time; I know that there are many frustrated colleagues here tonight wishing that this had gone through in a quick hour. It is because there is no real scrutiny in Northern Ireland. As the noble Baroness, Lady Foster, said, many MLAs now say that quite a lot of what is going on there is a farce in terms of scrutiny. The scrutiny for this part of the United Kingdom is more and more having to come in this Chamber, which is why we have these debates.

I am still not at all satisfied and feel very strongly that all those animal lovers out there watching this tonight—many knew that it was happening, particularly the Kennel Club, which I mentioned earlier—will not feel satisfied about any of the answers and will not understand why our Governments have allowed this to happen. I keep tabling regret amendments. I am getting fed up with regret. I would like to press this amendment to a vote.