Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021

Debate between Baroness Healy of Primrose Hill and Lord Dodds of Duncairn

Tuesday 26th January 2021 Grand Committee

[Lord Dodds of Duncairn (DUP) [V]]

I too thank the Minister for setting out clearly and in detail the purpose of these regulations and their application in Northern Ireland. I shall preface detailed consideration of the regulations with a couple of general remarks, which I am sure the Committee will understand.

While these regulations are highly technical, they are another piece of the jigsaw of legislation required purely as a result of the Northern Ireland protocol. They amend previous regulations which, as the Minister said, applied to the whole of the United Kingdom and were passed to take care of the situation in the event of a no-deal exit from the European Union. I remind noble Lords that many of us find the need for this kind of legislation—amending legislation that applies to the whole of the UK and making specific provision for Northern Ireland—deeply objectionable in principle, to put it mildly. It is having to be done to implement a protocol over which no one in Northern Ireland had any say or any vote. It is important to make that point over and over again on these regulations because they are important. Laws will be made in this Parliament of ours that will, effectively, mean that new regulations, in this and many other areas, can be made in Brussels. They will then come into force in Northern Ireland without anyone at Westminster or Stormont, in the Northern Ireland Assembly, having any input or vote on them. That is a bizarre and unacceptable way of making laws for part of the United Kingdom. It is certainly not taking back control.

Turning to the detail, these regulations do two things. First, they allow for the continued application in Northern Ireland of the European regulation on the EC fertiliser regime. Secondly, since under EU law there can, as the Minister said, be a dual regime for fertilisers, they enable UK fertilisers, so labelled, to be marketed in Northern Ireland. This part of the statutory instrument is very welcome—there will be a UK-wide regulatory regime for the marketing of UK fertilisers and it means that manufacturers in Great Britain can market their products across the United Kingdom, both in Great Britain and Northern Ireland. Of course, EC fertilisers can still be marketed in Northern Ireland alongside that.

I note that the devolved Administrations have been consulted and have consented to the making of the instrument. I further understand, having made some investigation in the matter, that officials are currently preparing an implementing instrument that will fully implement in Northern Ireland the provisions of the UK retained law to allow for both the manufacture and marketing of UK fertilisers in Northern Ireland.

I close by asking the Minister, given the degree of consensus on this instrument, and on a more general but relevant note, whether he anticipates being able to obviate and alleviate some of the difficulties. I put that mildly—there are really difficult consequences concerning movement of agriculture-related products between Great Britain and Northern Ireland. Can he give some reassurance that producers and consumers will get some relief from some of the current problems in moving such goods from Great Britain to Northern Ireland?

The situation since 1 January has, as noble Lords will know, caused considerable consternation to many, and extra cost and hardship. One reason the Minister gave for advocating these regulations was that they would save costs and keep products on the market in Northern Ireland. That should apply right across the board, so I would be grateful if the Government would commit to doing everything in their power to overcome the current obstructions and restrictions and permit unfettered trade between Great Britain and Northern Ireland.

[The Deputy Chairman of Committees (Baroness Healy of Primrose Hill) (Lab)]

The noble Lord, Lord Randall of Uxbridge, has withdrawn, so I call the noble Baroness, Lady Bennett of Manor Castle.