Official Controls (Plant Health) and Phytosanitary Conditions (Amendment) Regulations 2025

Baroness Hoey Excerpts

Monday 9th June 2025 Lords Chamber

In ending, I simply say that I hope this House will not regret these regulations because of the considerations that I have mentioned and because the benefits from an SPS agreement would, I believe, be very considerable. I trust that the House will therefore not approve this regret Motion if it is put to a vote. It can then be consigned to that increasing heap of the benefits of Brexit.

[Baroness Hoey (Non-Afl)]

My Lords, I congratulate the noble Lord, Lord Frost, on praying against this. It is really good to see someone from the Conservative Party actually praying against these regulations. In his wide-ranging contribution, he highlighted some of the real issues that we should be discussing. Perhaps it might be helpful if sometimes we were not discussing these issues so late at night. I also congratulate him on his patience, because I think he prayed against this some months ago and, of course, the regulations are already in place.

These regulations are hugely controversial because they undermine the territorial integrity of the United Kingdom, giving effect to the division of the UK into two parts. Although it is correct that, for epidemiological purposes, Northern Ireland has been treated on the same basis as the rest of the island of Ireland since before the imposition of the Irish Sea border, the idea that this somehow neutralises the problem associated with the border and these regulations is just unsustainable. There is all the difference in the world between the effects of being treated as part of the same epidemiological unit as the rest of the island of Ireland, while remaining within the international SPS borders of the United Kingdom, and being treated as part of the same epidemiologist unit as the rest of the island of Ireland, while being moved from within the international SPS borders of the UK into the international SPS borders of the EU.

What makes these regulations really toxic to me and to others is the fact that they have been given effect through the SPS border enforcement framework provided by the Official Controls (Amendment) Regulations 2024. As such, not only do they divide the UK by means of an international SPS border but they do so on the basis of a justification that their enforcement mechanism sweeps away, pulling the rug from beneath the feet of the entire Irish Sea border project.

The Government’s justification for moving both the customs and the international SPS border from the international border was that the only way we could have such a border was as a hard border and they did not want a hard border on the international border and therefore agreed to the movement of the border to the Irish Sea.

However, the enforcement mechanism for the regulations before us today demonstrates that the border can be enforced without SPS infrastructure on the border, so the Government’s justification for moving the border disappears, making the constitutional ramifications of the regulations before us today very toxic and controversial.

When I raised this problem on 29 January in the debate on the Official Controls (Amendment) Regulations that provide the framework for the enforcement of the regulations before us today, the Minister stated:

“I was also asked why SPS checks and controls take place away from the border between Northern Ireland and Ireland. This was obviously part of the Windsor Framework and was approved at the time by Parliament. We cannot unpick that through this SI, but, again, these things can be looked at by the work that the noble Lord will be carrying out if the committee is interested in doing so”.—[Official Report, 29/1/25; col. 359.]


But that is incorrect.

Although the movement of the SPS border from the international border to the Irish Sea was obviously part of the Windsor Framework, the removal of the central justification for moving the border, by means of the way in which the regulations before us today will be enforced, was not in the protocol, nor in the amendments that resulted in it being renamed the Windsor Framework. That is the whole point.

It is with the demonstration that the border can be enforced through an SPS infrastructure away from the border, through the enforcement regime for the regulations before us today, which has become apparent only this year, that the whole justification for moving the border has been removed.

On 4 March, the honourable Member for North Antrim raised the very same point in another place. Interestingly, on that occasion the Secretary of State said:

“The answer is this: as a sovereign country, it falls to us to decide how we check goods that arrive in our territory … It is for sovereign countries to determine what checks they apply. The same truth applies to the European Union; it has a single market”.—[Official Report, Commons, 4/3/25; cols. 253-54.]


What the Secretary of State was saying simply has the effect of saying that the problem highlighted is indeed a reality, but seeks to validate this on the basis that the way the border works is the decision of the UK Government for goods moving from Northern Ireland to GB and of the EU Government for goods moving from GB to NI. As such, it simply acknowledges the current situation but does not engage with the problem that it presents.

The point is that doing this completely removes the justification always given for taking the extraordinary step of agreeing to move the customs and SPS border from the international border to the Irish Sea, namely that this was the only way to avoid having a hard border, when our Irish Sea border arrangements demonstrate that this is not true. So I ask the noble Baroness again: who is right, she or the Secretary of State in the other place?

This is a huge issue, because of the costs associated with moving the SPS border away from the international border, even, as we know, as that border serves as the border for tax and excise purposes, for purposes of currency, for many other legal purposes and indeed more recently for immigration purposes, because the Republic now carries out immigration checks along the border. So it constitutes the most extraordinary reversal of democracy.

We are aware of countries that are not democratic and we want them to become fully democratic. But what has happened in Northern Ireland, by contrast, because of the needless movement of the customs and SPS border, is really extraordinary. We have seen the disenfranchisement of 1.9 million people in 300 areas of law—not just bits of law but areas. This makes the Government’s position completely unsustainable. They cannot say, as the Secretary of State said, that it is fine to agree to move the border when the operation of the Irish Sea border, GB to NI, demonstrates that the only justification for doing so does not exist.

In truth, no self-respecting country should agree to any arrangement that involves the disfranchisement of all its citizens in 300 areas of law, for any reason. However, to do so in a context where one’s own arrangements demonstrate that this is completely unnecessary suggests that the United Kingdom has become the first country in the world that is prepared to prioritise acquiescing to the requests of other countries that its own arrangements demonstrate are needless when the price is trading the citizenship of its own people.

I have to say that the Secretary of State himself bears a unique responsibility, because he brought before Parliament what became the Benn Act, the effect of which was to greatly weaken the negotiating position of the then Government. Had he not tied their hands, it is highly unlikely that we would have ended up with the protocol, because there is no doubt that the European Union would have feared the implications of a no-deal Brexit and might not have been quite so unreasonable.

Nevertheless, as the noble Lord Frost said, many of us thought at the time when all of this went through that it would only be temporary. I am very sad that the incoming Government have not seized on the opportunity with this so-called reset to actually try to get the European Union to see sense. The Secretary of State’s intervention ensured that there had to be a deal, without the risk of no deal, and the price of that, which he and others certainly wanted, was that the people of Northern Ireland have become a commodity, traded to give the people of Great Britain the assurance of the trade and co-operation agreement.

The regulation before us today puts in focus once again the abandonment of 1.9 million people of the United Kingdom. I am not going to go over it again, but last time I read out the letter from young people from Northern Ireland who talked about the Government lecturing young people about the importance of active citizenship, only to argue that they did not actually have active citizenship in that part of the United Kingdom. I would also say that they are very grateful that the noble Baroness, Lady Anderson, has now agreed to meet them, and they are looking forward to that.

All of what is being said now and will be said by others has huge implications for the review by the noble Lord, Lord Murphy, which is required by paragraph 7 of the unilateral declaration of 2019 to consider both the operation of the Windsor Framework and the implications of moving away from it, which is possible only if we all consider the alternatives to the current arrangement. The noble Lord, Lord Murphy, must consider the alternatives in detail, including, as the noble Lord, Lord Frost, said, mutual enforcement, which was originally what the EU favoured back in 2019, but things have moved on since then.

We have had to come to terms with the very destructive impact of the operation of the Windsor Framework on democracy, trade and the diversion of trade—why has Article 16 not been invoked?—the effect of those wishing to buy goods from GB businesses and, most importantly, driving a wedge between one part of our country and another. As the noble Lord, Lord Frost, said, this cannot continue. It cannot be sustainable. Mutual enforcement can be a solution to address the UK/Republic of Ireland land border challenge. While it may have been passed over in 2019 because some people felt that it was not the solution, now that we have seen what was the solution, mutual enforcement most certainly represents the best available option in 2025, and discussing these kinds of regulations and the effect on people in Northern Ireland really should make noble Lords sit up and think that something has to change.

[Lord Dodds of Duncairn (DUP)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Hoey. I agree with virtually every word that she has said. I congratulate the noble Lord, Lord Frost, on bringing this regret Motion before your Lordships’ House this evening. It is extremely important, as I have said on numerous occasions during these types of debates. I welcome that, while it is not a great turnout, it is a much better turnout than we normally have for these statutory instrument debates. We are privileged to have so many people taking an interest. We guarantee that there will be such opportunities in the future, as we examine European legislation.

--- Later in debate ---

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

My Lords, I thank the noble Lord, Lord Frost, for introducing this Motion and noble Lords who have contributed to the debate today with such passion and energy. I have, as ever, listened very carefully to all the concerns that have been raised, but I want to draw the attention of noble Lords back to the very positive impact that this legislation has.

Protecting our biosecurity is of paramount importance to address the climate and biodiversity crisis. This instrument introduces and amends protective measures against high-risk plant pests in Great Britain, as identified by our risk and horizon scanning process. As a result, this instrument protects biosecurity and supports trade in the UK. As part of these technical changes, this instrument recategorises certain plants and plant products, again following the completion of the risk assessments, as committed to under the Border Target Operating Model. This is part of an ongoing technical review of plant products subject to plant health import requirements and maintains the GB plant health regime as risk-based and proportionate. This instrument also amends certain official control measures to exclude large plants, plant products and other objects from the requirement for unloading in an area with a roof. This provision enables the implementation of appropriate biosecurity standards in those cases.

I emphasise that this instrument does not separate Northern Ireland from the rest of the United Kingdom or treat Northern Ireland as a third country. Indeed, several of the measures in the instrument actually ensure that Great Britain is applying measures already in place in Northern Ireland. I am sure that noble Lords will not be surprised when I remind the House that the island of Ireland has been treated as a single epidemiological unit for decades. Under this regime, Northern Ireland implements official controls and additional protections in response to pest risks to maintain its biosecurity as part of the island of Ireland.

This instrument also upholds the Government’s policy of unfettered market access in relation to qualifying Northern Ireland goods. Indeed, the Windsor Framework underscores Northern Ireland’s place in the UK. The UK Government want to see the Windsor Framework’s benefits realised for the benefits of businesses and people in Northern Ireland, and right across the UK, in a manner that meets our international obligations, so I am pleased to state that the devolved Governments gave their consent for these regulations to extend across Great Britain. The UK Government and all devolved Governments will continue to work closely together on plant health issues via the UK plant health provisional common framework.

Noble Lords may be interested to note that I had a meeting only this morning with representatives from all devolved Governments—with Ministers—to discuss the BTOM in the context of the SPS agreement. I have listened carefully to the points made by the noble Lord, Lord Frost, in support of his Motion, and to other contributors in today’s debate, and have been struck by our shared commitment to protect UK biosecurity.

I also thank the noble Baroness, Lady Grender, and the noble Lords, Lord Bew and Lord Hannay of Chiswick, for supporting the SI this evening. In respect of the late hour, I will address the noble Lord’s points that relate directly to the legislation which is in front of this evening. I will go through Hansard and any questions that I have not answered I will answer in writing— for example, on the fees, for which I do not have the details with me.

The noble Lord, Lord Frost, asked why the SI applied only to GB. As I said, the island of Ireland has been treated as a single epidemiological unit for decades. The important thing that these regulations are doing is amending the GB-specific phytosanitary legislation to ensure that the biosecurity risks posed to the United Kingdom are addressed. These are already covered in Northern Ireland. We will continue to work closely with Northern Ireland on plant health issues. Northern Ireland will continue to play a full and comprehensive role in technical and policy decisions via the UK plant health provision or common framework.

The noble Lord, Lord Morrow, referred to the Explanatory Memorandum and third countries. To reassure him, this SI applies phytosanitary controls to European Union and rest of the world goods when entering Great Britain. That is the third country mentioned in the EM. A number of noble Lords mentioned the SPS agreement, asking what was in it and what checks would remain. The agreement will cover SPS standards and controls and wider agri-food rules related to food labelling, organics, key marketing standards and compositional standards, as well as pesticides. This is regarding checks, specifically. This will further bring down costs for UK businesses by removing the majority of regulatory trade barriers to agri-food trade, hopefully helping with the trade drop that the noble Lord, Lord Bew, referenced earlier.

We want to get the best deal for British businesses and British people. There is a very limited scope of application to the agreement. We are making commitments to regulate consistently only where that commitment removes a barrier to trade. The EU cannot unilaterally dictate the regulations which the UK must implement. The UK will have to agree and then implement any new rules. It is not like when we were a member state and EU law could flow into the UK even if we had voted against it. We are not returning to those arrangements. This is about regulating in the same way in some limited areas where the UK will also have a role in shaping the relevant laws as they are designed. Again, with regard to the SBS agreement, I have been asked for some specifics, but, because detailed negotiations are ongoing, I cannot provide that information at the moment. But it will come to the House in due course.

The noble Baroness, Lady Hoey, asked why the SPS border has to be in the Irish Sea. The Windsor Framework recognises Northern Ireland’s unique circumstances and therefore prevents the hard border on the island of Ireland. There is a need to maintain the biosecurity of the island of Ireland. Some pests that could pose a risk to Northern Ireland, such as protected zone pests, are present in Great Britain. Therefore, it is appropriate to have procedures in place to ensure compliance with the applicable requirements.

[Baroness Hoey (Non-Afl)]

My Lords—

[Baroness Hayman of Ullock (Lab)]

To be honest, I am not going to take any interventions; it has gone 11 pm.

On plant health threats, the UK Plant Health Service, as I mentioned earlier, has Defra, the Scottish Government, the Welsh Government, the Northern Ireland Executive, DAERA and the Forestry Commission as part of it. So it is properly considered and looked at. The noble Lords, Lord Dodds and Lord Roborough, talked about the removal of border checks putting biosecurity at risk, looking in particular at the rising pest risk in the EU. The agreement will explicitly allow for the UK to take action to protect biosecurity. This will mean that the UK has access to EU databases and other systems to help us do this. This is a big benefit. The common understanding is that the UK should be able to take targeted action to protect its biosecurity in public health, in the same way as member states can in the EU.

The noble Lord, Lord Dodds, mentioned FMD protection for Northern Ireland. As he said, Northern Ireland is protected under the biosecurity regime of the EU. Northern Ireland implements official controls and additional protections in response to risk, such as measures related to pest-free areas, traceability and additional notification requirements for the highest- risk goods in order to maintain the island of Ireland’s biosecurity.

The noble Lord, Lord Lilley, and the noble Baroness, Lady Grender, asked about Popillia japonica. The noble Baroness rightly said that the reason these pests are mentioned in this SI is that the new requirements are already in place in Northern Ireland, so this is bringing the rest of GB into alignment with Northern Ireland; that is what the SI does.