Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2024

Baroness Ritchie of Downpatrick Excerpts

Tuesday 10th December 2024 Lords Chamber

I conclude by thanking all who have attended. I look forward to hearing the contributions on all sides and to hearing what the Minister has to say in response.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I refer to my registered interests, including my membership of the Government’s Veterinary Medicine Working Group and of the Secondary Legislation Scrutiny Committee of your Lordships’ House. I also declare that I support the Windsor Framework, I supported the protocol and I believe, like many others in Northern Ireland, that the Windsor Framework is a means of managing the friction of the trade in goods on the island of Ireland. It is about managing the delicate relationship that exists.

I am pleased that my noble friend Lady Hayman of Ullock is on the Front Bench. I must congratulate her on all the work she has been doing with the farming community in Northern Ireland. The latest such work was last week during her last visit, which I was told was very successful by the Ulster Farmers Union. They told me to say that they were very pleased that you visited the farm in Glenanne in County Armagh, which is an example of good farming practice in Northern Ireland.

This is the third debate in the last five weeks on regret amendments to Windsor Framework statutory instruments. Only last Friday in the House of Commons there was a debate on a Private Member’s Bill from Jim Allister, the Member for North Antrim. This sought to cancel the Windsor Framework and replace it with mutual recognition—maybe, in shorthand, the Liz Truss protocol Bill—which could impact on Article 2 of the framework on equality and human rights, as required by the Good Friday agreement, and even jeopardise our access to the single electricity market, which is protected by the Windsor Framework.

I ask my noble friends—I call them my noble friends because they are from Northern Ireland—do you really want to wreck our delicate political arrangements? Do you really want to wreck our special trading arrangements—that unique dual access for goods to the EU single market and the UK internal market? Those political arrangements reflect our unique political balance in Northern Ireland between unionists and nationalists and others. In turn, that could also jeopardise our economy and potential for growth.

Today in the Assembly—I do not know the result yet, but I can predict it—there was a debate on the democratic scrutiny committee on the Windsor Framework. I would say, “What have all of all these debates achieved?” but I imagine that today’s vote in the Assembly will result in a review of arrangements of the Windsor Framework. That would afford businesses, communities and individuals across Northern Ireland the opportunity to correct deficiencies and avail themselves of the benefits of two important global markets. This point was made this morning on “Good Morning Ulster” by the chief executive of the Federation of Small Businesses in Northern Ireland, Roger Pollen.

I know that perhaps the real purpose of the proposers —the noble Lord, Lord Dodds, and on previous occasions the noble Baroness, Lady Hoey—is that they want to cancel the Windsor Framework because they see it as causing certain constitutional jeopardy. I remind them that the majority of people in Northern Ireland voted to remain. In the last poll some weeks ago, 57% of the population in Northern Ireland support the Windsor Framework.

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

Baroness Ritchie of Downpatrick Excerpts

Wednesday 27th November 2024 Lords Chamber

[Lord Jackson of Peterborough (Con)]

My Lords, it is—

[Baroness Ritchie of Downpatrick (Lab)]

It is this side, thank you.

My Lords, I refer to the register of Members’ interests, as a member of the Secondary Legislation Scrutiny Committee of your Lordships’ House and of the Government’s Veterinary Medicines Working Group. We had a similar debate on the Windsor Framework some weeks ago and I suppose that we have had debates like this on other statutory instruments in relation to the Windsor Framework. It is an issue that divides communities in Northern Ireland along broadly political constitutional lines. However, we must not forget that the Windsor Framework is a result of Brexit. It would not be here if we did not have Brexit. That is the political reality that we all face and must countenance.

I for one support the Windsor Framework and I supported the protocol, which I believed was the best means of dealing with the challenges that were presented by Brexit for trade in goods on the island of Ireland, both north and south. Before Brexit, goods moved freely across the island, helping to sustain and underpin our economies, both north and south. That fact was recognised in the Good Friday agreement, which was referred to earlier today, and in the three-stranded relationships as a result of that agreement, whether it was the Northern Ireland Executive, the Assembly, the North/South Ministerial Council or the British-Irish Council.

Prior to and since the vote on the Brexit referendum, many of us have insisted that there was a need for a special status for Northern Ireland because of those unique trading and political relationships on the island. That fact has not diminished and now manifests itself in the Windsor Framework, which exists to manage those challenging relationships that exist—there is no doubt they are challenging. I believe that where there are imperfections with some areas of trade within the Windsor Framework, they need resolution through dialogue and negotiation between the UK and the EU.

On veterinary medicines, my noble friend on the Front Bench very ably chairs our Veterinary Medicine Working Group, which is trying to understand and deal with the challenges presented to our agri-food industry in Northern Ireland and to resolve with the EU those challenges with the supply of medicines to our veterinarians in Northern Ireland, as well as looking at an SPS veterinary agreement. I believe the same applies with pets and companion animals; it requires sensible management of this issue to ensure that there are no impediments.

I say to those who supported Brexit and who bring forward these regret amendments to your Lordships’ House to challenge every piece of secondary legislation on the Windsor Framework as an attack on the constitutional sovereignty of the UK and Northern Ireland that I believe that is disingenuous. I recognise their reasons for doing so, but I do not agree with them. At the end of the day, those same people and those same representatives argued for the hardest possible Brexit, and sometimes you get what you argued for. Put simply, I believe we would have been better to remain in the EU, and I am pleased that my colleagues in the new Labour Government, via the Prime Minister and other senior Ministers, are working with the EU on a reset of those relationships, notwithstanding the realities of the situation. For my part, I have my own political identity as a democratic Irish nationalist, but I recognise the difficulties that my colleagues on the Front Bench are presented with.

The purpose of the instrument under discussion this evening is to ensure the smooth movement of pet dogs, cats and ferrets from GB to Northern Ireland, while ensuring that any pet movements from GB and Ireland or other EU member states remain subject to the relevant EU requirements. The Secondary Legislation Scrutiny Committee, of which I am a member, considered that this instrument

“is an example of where wider consultation would have been desirable”.

Our role in that Committee is largely process-driven, and effective engagement and communication through a publicity campaign and notices in veterinary surgeries will definitely be vital to improve public understanding of how the scheme will operate in practice.

Therefore, can my noble friend say whether there are any plans to do such publicity, and will she talk to ministerial colleagues, maybe through the usual channels, about the necessity for more consultation in relation to statutory instruments as per the Windsor Framework? That would help in explaining the detail not only to public representatives but to wider business and the communities throughout Northern Ireland.

Businesses want to see a resolution to all the challenges presented by Brexit and the bureaucracy of the Windsor Framework, and many businesses have said to me that they welcomed any agreement when faced with the catastrophic alternative of a no-deal Brexit. Business and trade in Northern Ireland welcomed an agreement that provided continued access to the all-Ireland market, which many businesses in Northern Ireland relied on. Furthermore, it welcomes a unique solution for a unique place with trade, social, family and emotive ties with both Britain and Ireland. It is also worth noting that in the assessment of the recent Queen’s University survey, most respondents—around 57%—again want MLAs to vote in favour of the continued application of Articles 5 to 10 of the protocol/Windsor Framework. That vote is expected by the Secretary of State to take place before the Christmas Recess of the Northern Ireland Assembly.

In wanting the dismantling of the Windsor Framework, I wonder whether those who object realise that their fervour for opposition could result in tampering with the human rights and equality provisions of the Good Friday agreement that the Windsor Framework seeks to protect, as well as the single electricity market which exists on the island?

In conclusion, I say to my noble friend on the Front Bench that I totally support this statutory instrument. I support the Windsor Framework because it is a necessary legal device to deal with the complexities that were presented to us in Ireland, north and south, on the issue of Brexit. We need a pragmatic solution rather than choosing to have political contests and duels simply for the sake of them.

Does my noble friend the Minister agree with me that debate is necessary in a democratic society, but that all of us have to ask whether this is in the best interests of our businesses and economy? Perhaps my noble friend could also tell us how this statutory instrument can be progressed to full implementation stage and what she sees as evolving and developing as part of that full implementation?

[Lord Blencathra (Con)]

I thank the noble Baroness, Lady Hoey, for moving her amendment and securing this important debate. She made a very powerful and detailed speech. I also congratulate the noble Lord, Lord Dodds, on his excellent contribution. As I know the Minister appreciates, there are many noble Lords who feel very strongly about the Windsor Framework. I hope the Government will take these concerns seriously as they work to deliver a fair settlement for Northern Ireland now that we have left the EU.

In particular, the Government’s stated policy of seeking closer ties with our partners in the European Union is concerning to many in Northern Ireland, and we on these Benches are clear that the Government must not do anything that undermines Northern Ireland’s access to the UK internal market.

Budget: Implications for Farming Communities

Baroness Ritchie of Downpatrick Excerpts

Tuesday 5th November 2024 Lords Chamber

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

My Lords, we understand farmers’ anxiety at changes to agricultural property relief. However, the vast majority of those claiming relief will not be affected by the changes. The latest data available shows that the top 7% of claims for agricultural property relief in 2021-22 accounted for 40% of the cost of the tax relief, with the top 2% accounting for 22% of the cost. Most families will be able to pass the family farm down to their children, just as previous generations have always done.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, farmers in Northern Ireland greatly appreciate that my noble friend the Minister has met the devolved Minister on a fairly regular basis to discuss a wide range of issues. When she next meets the Minister of Agriculture, the Ulster Farmers Union and the agricultural producers in the region, will she discuss the need for tax amelioration measures to provide for succession planning, to encourage young people into farming and protect farm families? There is a unique issue in Northern Ireland which needs to be addressed.

[Baroness Hayman of Ullock (Lab)]

As the noble Baroness said, I meet the Minister of Agriculture in Northern Ireland regularly and met the Ulster Farmers Union very recently, as well as the noble Baroness, to discuss these issues, and I know that my officials meet various organisations regularly to discuss them. I will be back in Belfast towards the end of this month and hope to meet the Ulster Farmers Union again shortly. As she pointed out, tax and succession planning is incredibly important. There is an issue with getting young people into farming, and I recommend that people talk to professionals about what is available to them for tax purposes going forward.

Rural Communities

Baroness Ritchie of Downpatrick Excerpts

Tuesday 15th October 2024 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I first thank the noble Baroness, Lady McIntosh of Pickering, for securing this important debate on rural priorities. I also acknowledge and congratulate my colleague from Northern Ireland, the noble Lord, Lord Elliott of Ballinamallard. He has served as a district councillor in Fermanagh District Council and as a Member in the Northern Ireland Assembly, to which we were elected at the same time in November 2003 and then re-elected on several occasions. We were leaders of our political parties at the same time, and we met regularly on a range of issues. We also served in the other place and now we serve in your Lordships’ House. The noble Lord, Lord Elliott, and I are also similar in age, although I edge upwards by being a few years older than he is. On a very personal level, I give him my best wishes and my congratulations on making his maiden speech.

The noble Lord, Lord Elliott, and I served and represented rural communities in fairly different parts of Northern Ireland, and we also have different perspectives on the constitutional position of Northern Ireland; he is an Ulster Unionist and I am a democratic Irish nationalist. But that does not prevent us working together on the issues that matter to the people; that has always been the case and will continue to be the case, and I am in no doubt about that.

Moving swiftly on to the Motion, I, like the noble Lord, Lord Elliott, want to give a perspective from Northern Ireland, where the local department is implementing the rural policy framework, the objective of which is to ensure that rural dwellers enjoy the same quality of life and opportunities as those in urban areas. Various rural priorities need to be addressed, undoubtedly. I am very pleased that my noble friend Lady Hayman of Ullock is on the Front Bench and has already met the Northern Ireland Minister for Agriculture, Rural Development and Environment on numerous occasions. She can report that in her response. No doubt she will have heard the various issues that confront rural communities, thereby necessitating a higher level of budget for farming and rural communities throughout the UK, but I would also say particularly in Northern Ireland.

The priorities for rural communities that need to be addressed, along with farming, are food production and food security, as well as better access and provision of sustainable services such as schools, broadband internet, mobile phone accessibility, the provision of banking hubs—we are all challenged in rural communities by the decrease and reduction in the number of bank branches—the provision and sustainability of shops and business development enterprises allied to the needs of those farming families, the restrictions on rural planning policy, and the provision of new housebuilding. None of us can gainsay that the issues in rural communities are different. There are many similarities and those need to be addressed.

Another factor is the potential for youth migration to urban areas. An important factor in knitting together rural communities is the continuing need for accessibility to good quality healthcare and allied services of acute hospitals. This also involves looking at the post-Covid-19 future and embracing the opportunities that green growth, climate change impacts, globalisation and technological innovation present. Therefore, a holistic approach to rural development is required to secure and underpin such communities and encompass many of the priorities that have already been raised by the noble Lord, Lord Elliott, and the noble Baroness, Lady McIntosh, in her introduction.

In Northern Ireland, our agriculture sector faces immense pressures due to rising production costs, the uncertainties of post-Brexit trade and the increasing impact of climate change. The 670,000 people living in rural communities in Northern Ireland and the 113,000 jobs in the food supply chain rely heavily on farming. There are also jobs linked indirectly to farms that rely on them for business. Northern Ireland’s farmers need increased financial support from the Treasury; and I know that, quite recently, the Ulster Farmers Union has written to the Chancellor of the Exchequer, Rachel Reeves, regarding these matters, because its members wish to remain competitive, sustainable and resilient, as they have lost the EU Pillar 2 funding. I wonder if my noble friend could say something about the replacement for Pillar 2 funding and how the funding that could be provided could underpin and sustain rural communities.

In the post-Brexit world, it is important that, as part of the reset with the EU, the Prime Minister, the Chancellor and the Defra Secretary of State develop clear policies to facilitate smooth trade between Northern Ireland and the EU, and between GB and Northern Ireland, through the provision of funding for mitigating market disruptions caused by Brexit. It is important to increase investment in local food production and sustainable farming, and to promote renewable energy sources and energy efficiency within the agriculture sector. Undoubtedly agriculture is a holistic industry, along with rural development and rural services.

Therefore, in advance of the forthcoming Budget, it is important to recognise the economic pressures which the Government have told us about, but modest increases in agricultural funding will deliver substantial returns in food security and for the development of rural communities. I hope that my noble friend Lady Hayman of Ullock could detail some of those in turn, notwithstanding the budget pressures and the comprehensive spending review, because, at the end of the day, I want to see what joint working there is with the community, the voluntary sector and other government departments in the UK and the devolved nations and regions.

Peatlands

Baroness Ritchie of Downpatrick Excerpts

Thursday 22nd February 2024 Lords Chamber

Asked by

[Baroness Ritchie of Downpatrick]

To ask His Majesty’s Government what progress they have made in restoring peatlands, and by what date they expect all degraded peatlands to be restored.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Douglas-Miller) (Con)]

My Lords, I declare my interests in farming and land management, as set out in the register, and draw your Lordships’ attention to the fact that I have been involved in numerous peatland restoration projects. The Government have made good progress in restoring our peatlands; we have accelerated the rate of peatland restoration in England through the Nature for Climate Fund, launched in 2020. Through this fund, we have so far provided £35 million for peatland restoration projects, financially committing us to restoring approximately 27,000 hectares of peatland. This represents significant progress against our ambitious commitment, made in the net-zero strategy, to restore 280,000 hectares of peatland by 2050.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I thank the Minister for his Answer. We all know that well-managed peatlands can sequester carbon and mitigate flood risks, but about 80% of UK peatlands are in a degraded condition, and we are still selling it for horticultural use. Can the Minister go a little further and tell the House when the threshold of 35,000 hectares, which the Government committed to restore by 2025, will be restored—he already mentioned 27,000—and what the plan is for the remaining 245,000 hectares they committed to restore through the net-zero strategy by 2050?

[Lord Douglas-Miller (Con)]

I am grateful to the noble Baroness for raising the important issue of peatland restoration. We are making good progress to deliver the commitments to restore the 35,000 hectares of peatlands by 2025. She alluded to the fact that we are aiming for about 27,000 at the moment. It is fair to say that we are slightly behind the target, but also that there have been some good reasons for that—namely the pandemic, which slowed everybody up, but also that it is quite difficult to plan and organise these things. They tend to be back-loaded rather than front-loaded in their completion. Since making that commitment, restoration activity has been delivered through our agri-environment schemes, and most significantly through the Nature for Climate Fund, as I said. This fund has already financially committed the Government to restoring the 27,000 hectares of peatland, and 11,000 hectares of that have already been delivered. We are also fully committed to restoring the 240,000 hectares of remaining peatland by 2050.

Animal Welfare (Livestock Exports) Bill

Baroness Ritchie of Downpatrick Excerpts

2nd reading
Wednesday 21st February 2024 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I welcome the Minister to the Front Bench and to the Second Reading of his first Bill in your Lordships’ House. Obviously, on some of the issues in the Bill, I take a different view from the noble Baroness, Lady Hoey.

I want to talk from a Northern Ireland perspective, which may seem rather odd since Northern Ireland is not covered by this legislation, but there are very good reasons for that. The provisions in the Bill, as the Minister said, seek to prohibit the export of cattle, sheep, goats, pigs and equines for slaughter, including fattening for subsequent slaughter, beginning in or transiting through GB to EU member states and other third countries. This in itself does not apply to Northern Ireland.

For practical, agricultural, trading, political and animal health reasons, that is the right decision. That fact was recognised by the Secretary of State for Environment, Food and Rural Affairs in the other place, on 15 January, when he stated, in response to the debate, that the Bill must not jeopardise the access that Northern Ireland farmers have to the Republic of Ireland. I hope that all noble Lords recognise the economic and trading importance of agriculture to both parts of Ireland and the fact that farmers and those involved in trading try to adhere to animal health standards.

There is another feature. The island of Ireland, both north and south, is treated as a single animal health epidemiological unit. That has persisted for many years because of the nature of the trade on an ongoing daily basis, to and fro. That is essential for the agri-food industry and its success. Agri-food on the island of Ireland is interlinked. Northern Ireland’s farmers have invested much time and energy in maintaining very good, world-leading animal welfare practices, including in how animals are transported. The farming unions in Northern Ireland would refute any claims or suggestions that anti-animal welfare conditions exist. I am also mindful of what the noble Lord, Lord Trees, has said, which is absolutely correct: with all these movements there have to be proper monitoring procedures in place. Much of that is covered by the fact that it is a single animal health epidemiological unit.

The bottom line is that Northern Ireland farmers need access to the markets. They need access to the Republic of Ireland and to mainland EU for live animals, particularly the sheep sector. Reference has already been made to this. In 2022, the last year for which statistics are available, 337,000 sheep moved from Northern Ireland to the Republic for slaughter and fattening, and about 3,500 cattle and 17,000 pigs were moved for slaughter. The dairy sector needs this avenue maintained for dairy-bred bull calves, as a limited market exists for them in Northern Ireland.

In 2018, in evidence to a Northern Ireland Affairs Committee inquiry in the other place into live animals, the farmers’ union in Northern Ireland stated that the two agri-food industries on the island of Ireland

“are highly integrated and they move both ways … That two-way movement is a historic thing and it is essential”.

The Agriculture and Horticulture Development Board also highlighted to that committee’s inquiry the importance of processing capacity in the Republic to the red meat sectors. For example, in the pig industry, sows go across the border for slaughter and then back again.

Cross-border movement is important not only for Northern Ireland’s trade with the Republic but with other countries. Calves from Northern Ireland destined for France are regularly transported through ports in the Republic of Ireland. The noble Baroness, Lady Hoey, and the noble Lord, Lord Dodds, have referred to the influence of the Windsor Framework. I am glad that the Windsor Framework is in place, because it will ensure that the agri-food industry in Northern Ireland is protected, as there will be the free movement of livestock for export purposes and for fattening and slaughter on the island of Ireland.

The Bill recognises that trade in live animals from Northern Ireland to the Republic of Ireland should be allowed to continue—and I hope it will be. The Ulster Farmers’ Union and farming organisations asked for this to happen in 2018. Thankfully, this legislation recognises the need to leave Northern Ireland out of its provisions.

I have a question for the Minister about a more pertinent issue. We need to turn our attention to the EU proposals on animal transport that will apply in Northern Ireland. It is important that, in negotiations with the EU on behalf of Northern Ireland farmers, the UK Government ensure that the transport of live animals to the EU, with all the proper animal welfare conditions in place, is maintained. This is vital for the safeguarding and protection of our agri-food industry on the island, which is highly integrated. In that regard, can the Minister indicate what discussions have been held with the EU regarding the need to ensure that the transport of live animals to the mainland EU is retained? If he is not able to provide that information in his wind-up, can he write to me and place a copy of the letter in the Library of your Lordships’ House?

I support this legislation. Animal welfare regulations and standards are vital to the agri-food industry, but equally important is the need to ensure that we have that free movement of animals for slaughter and fattening purposes on the island of Ireland. So, although I welcome the legislation, I am glad it does not include Northern Ireland.

Windsor Framework (Enforcement etc.) Regulations 2023

Baroness Ritchie of Downpatrick Excerpts

Tuesday 19th September 2023 Grand Committee

Finally, I note in passing that, as well as being the subject of the Windsor Framework (Enforcement etc.) Regulations 2023, enforcement is also completely central to the Windsor Framework (Retail Movement Scheme) Regulation 2023, Regulation 11 of which requires the competent authorities to assess goods coming into Northern Ireland on the basis of potential risks, such as disease. However, Regulation 11(2)(b) and (d) to (f) then bizarrely define risk in terms of capacity to conduct checks with respect to available staff and facilities. An enforcement requirement is thus made and effectively withdrawn in the same regulation on grounds of lack of capacity. Is this not a cynical device for encouraging people to conclude in the aftermath of 1 October that Windsor has been a lot less disruptive than usual because this will prevent us seeing what it is really like until July 2025 when the border control posts are ready? Have His Majesty’s Government discussed with the EU the implications of Regulation 11(2)(b) and (d) to (f) on the capacity of the border to meet both the demands of EU Regulation 2023/1231 and the demands of the red lane between 1 October 2023 and 31 July 2025? Have His Majesty’s Government been forced to give an assurance to the EU that Regulation 11 will be repealed, in whole or in part, on 1 August 2025 on completion of the border control posts at Larne, Warrenpoint, Foyle and Belfast?

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I thank the Minister for his presentation of these Windsor Framework regulations. I have to declare an interest as a member of two of your Lordships’ House’s committees, the Secondary Legislation Scrutiny Committee and the European Affairs Committee’s Sub-Committee on the Protocol on Ireland/Northern Ireland. Last week in the Secondary Legislation Scrutiny Committee we considered these regulations.

I come to this debate as someone who supports the Windsor Framework and wants to see it implemented for the good of business development, so that people and businesses can avail themselves of access to the UK internal market and the EU single market. There needs to be a driver for that process. I note rather sadly that we do not have political institutions as per the Good Friday agreement up and running at the moment. I also note an indication on BBC Radio Ulster that the UK Government intend to drive on with the implementation, from their perspective, of the Windsor Framework. Can the Minister confirm that in summing up and whether that indicates that the Government have a little confidence in the resumption or restoration of political institutions?

Although I have indicated my support for the Windsor Framework, there are certain issues with the regulations, which were raised last week in our Secondary Legislation Scrutiny Committee. There is a pattern across a lot of these SIs; there is a lack of a proper Explanatory Memorandum in some instances and of a proper impact assessment. The Explanatory Memorandum says:

“A De Minimis Assessment for this instrument has been completed”.


However, the advice given to our committee stated that there was a lack of a proper impact assessment. Maybe the Minister can advise us on why that was the case.

Can the Minister also indicate what consultation took place with stakeholders? We were told that there was consultation with businesses, but what businesses and how many, and who was consulted? I do not think the wider community would have taken part in this consultation. However, I talked to a business representative last Friday and they were most anxious that the simple detail was provided to businesses. When our protocol committee undertook our assessment and evidence-taking on the Windsor Framework in the spring and early summer of last year, and when we published our report at the end of July, there was a clear indication from all businesses that gave us evidence that there was a lack of detail regarding labelling and the implementation framework. That implementation framework enforcement is in these regulations, so it is sad to say that only some six to seven months later do we have the legislative framework. If that had been in place earlier, we would not have had the same level of complaints from the business community. We simply want to get on with proceedings.

Today in our protocol committee we were giving consideration to future short inquiries. One area where there has been a lack of information, and simply an extension of the grace period, is the whole area of the SPS agreement for veterinary medicines to the end of 2025. Can he say, as a Defra Minister, when there will be final negotiations and a final decision on that SPS agreement for veterinary medicines? After all, the agri-food industry is vital to Northern Ireland and our economy. I fully accept and agree with the point that, as regards animal health, Ireland is considered as a single epidemiological unit. I believe in the protection of food safety, so I want to see these regulations implemented as quickly as possible. It is sad that they were not available earlier in the year for businesses to answer their many queries on labelling and enforcement. Perhaps the Minister can also indicate when the permanent SPS infrastructure at the ports of Belfast, Larne and Warrenpoint will be completed.

[Lord Dodds of Duncairn (DUP)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Ritchie, with whom I have the pleasure to serve on the Northern Ireland protocol Select Committee, to which she referred. I endorse what she said about the need to get resolution on veterinary medicines. We heard evidence last week, from the Ulster Farmers Union and others, about the serious implications of the failure to resolve that issue. The indications coming out of Brussels are that it is not interested in a solution that would guarantee the continued flow of Great Britain vaccines and other medicines for veterinary purposes to Northern Ireland. I would like a timescale from the Minister of when he expects farmers and the agri-food industry in Northern Ireland to be reassured that that matter will be resolved so that they can continue to access British veterinary vaccines and other medicines in the same way that they do now.

Unlike the noble Baroness who just spoke, I do not regard the Windsor Framework/Northern Ireland protocol as a fair and balanced resolution to our problems with the free flow of trade between parts of the United Kingdom. This is very much a process that has protected certain parts of the Belfast agreement, as amended by the St Andrews agreement—namely, the north-south arrangement—but that has completely trashed the east-west relationship and the strand 1 relationship at Stormont. We can see that because there are no functioning institutions of strands 1, 2 or 3. People say that the Windsor Framework and the protocol are designed to protect the Belfast agreement, but show me the evidence of that. It has trashed the Belfast agreement and its institutions.

The Windsor Framework is now being implemented by a series of statutory instruments, through both negative and affirmative resolution. The noble Baroness referred to news reports about the Government taking further powers—that may well be. It sometimes makes you wonder why they talk about wanting to get the Assembly back so much, because all they do is keep taking powers from it and devolved Ministers. There is not much regard for the Sewel convention or any of that, and then they ask people to go back and administer less and less of what they should be administering. For vast swathes of our economy and the agri-food industry, no Member of the Northern Ireland Assembly of any party—unionist, nationalist or whatever—or any MP from Northern Ireland has any powers to make any laws in those areas. We are told that the Assembly must get back to administer Northern Ireland, but those powers have been taken away from Northern Ireland and from elected representatives in the other place and this House.

These are fundamental issues; they are not small matters but fundamental constitutional, political and economic issues. That is why we feel so strongly about these areas, and we will continue to expose a Government who claim to uphold the union but continue, as my noble friend Lord Morrow exposed in considerable detail, to implement EU laws over part of the United Kingdom. That is the nub of the problem.

This statutory instrument is one of those related to the Windsor Framework/Northern Ireland protocol, and it requires an affirmative vote in Parliament. The retail movement scheme statutory instrument, which was laid during the Summer Recess, is being implemented under the negative resolution procedure. Other important statutory instruments required to build the Irish Sea border and conform internal UK trade arrangements— I stress “internal”—with EU law are also being tabled by this Government under the negative resolution procedure.

The Secondary Legislation Scrutiny Committee has examined the regulations in front of us, as well as others. They are interlinked, as has been said, yet we have not been able to debate them—so far, that is; I am sure that we will find ways of getting them debated in due course. Up to now, the Government have not sought a debate on some of the most important regulations, including on the retail movement scheme itself. That is deeply regrettable.

Live Animals: Export Ban

Baroness Ritchie of Downpatrick Excerpts

Monday 10th July 2023 Lords Chamber

[Lord Benyon (Con)]

I certainly can. In addition to the list I gave earlier, we are bringing forward the Hunting Trophies (Import Prohibition) Bill; we have supported the Shark Fins Act and the Animals (Low-Welfare Activities Abroad) Bill; the Animal Welfare (Electronic Collars) (England) Regulations are now on the statute book; and we are supporting other Private Members’ Bills. As I said, some items can be done in secondary legislation, but we want to make sure that, as was listed in Our Action Plan for Animal Welfare and in our manifesto, all items will be on the statute book, but there are a variety of vehicles for delivering them.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, will the Minister indicate whether this legislation will be in the forthcoming King’s Speech? What discussions have already taken place with devolved Administrations, because there is general UK-wide interest in maintaining animal welfare and safety?

[Lord Benyon (Con)]

The noble Baroness is absolutely right. The consultation was done in conjunction with the Welsh Government. We are talking to our colleagues in Scotland to make sure that they are with us on this. Of course, in Northern Ireland there is a different circumstance, because long before we left the EU there was a one-island policy on biosecurity. There is, from the animals’ point of view, no difference between moving an animal for slaughter from Fermanagh to Cavan, but there is a big difference in moving an animal across the channel to a completely different animal welfare regime. We want to work closely with our colleagues in Northern Ireland to make sure there is free movement of animals within our biosecurity system.

Retained EU Law (Revocation and Reform) Bill

Baroness Ritchie of Downpatrick Excerpts

Committee stage
Wednesday 8th March 2023 Lords Chamber

I turn briefly to Amendments 135 and 143 in the name of the noble and learned Lord, Lord Hope of Craighead. I am grateful for the support he shows for the devolved legislatures and value greatly his expertise in the legal issues surrounding their powers. His amendments have my full support.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I will speak in support of the two amendments I submitted, along with the noble Baroness, Lady Suttie. Amendments 119 and 127 would ensure that substantial policy change with regards to human rights, equality or environmental protection in Northern Ireland may not be effected or take place via the exercise of delegated powers.

Last Thursday, I referred to the importance of protocol Article 2, which deals specifically with equality and human rights considerations in Northern Ireland. I have had several conversations, as has the noble Baroness, Lady Suttie, with the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland. They are concerned by the breadth of delegated powers provided under the Bill and the potential for the inadvertent breach of protocol Article 2 or the wider diminution of human rights, equality and environmental considerations via ministerial action, or inaction, in the absence of detailed parliamentary scrutiny. I ask the Minister whether that will be the case. What mitigations will be in place to ensure the protection of protocol Article 2?

The tight deadlines of the restatement of REUL by the end of 2023 and assimilated law by 2026, and the scale of the task to be achieved in that time, create a risk of gaps in legislative coverage. It may also contribute to further uncertainty and a potential breach of Article 2 if REUL essential to the no diminution commitment is not preserved or restated with set deadlines. A general convention on this principle was enunciated by the Constitution Committee, which reported in 2018 that

“we have identified a number of recurring problems with delegated powers. We have observed an increasing and constitutionally objectionable trend for the Government to seek wide delegated powers, that would permit the determination as well as the implementation of policy.”

That begs the comment that not much has changed in five years.

The Bill gives effect to a significant body of policy relating to human rights and equality, including employment legislation and EU regulations providing for the rights of disabled people, much of which will fall unless preserved or restated by Ministers. Under Clause 15(1), to which Amendment 119 refers, Ministers may revoke secondary REUL without replacing it, creating potential policy change with limited scrutiny. In addition to being given powers in subsection (2) to replace secondary REUL with provisions with the same or similar objectives, Ministers are also given significant additional powers to replace REUL with alternative provisions in subsection (3), which is of particular concern.

Problems will emerge in exercising these powers, as Ministers are not under a duty to consult on the REUL that is being replaced. Even though the powers granted are time-limited, both the Equality Commission for Northern Ireland and the Northern Ireland Human Rights Commission believe that they are too widely drawn and will provide insufficient scrutiny, potentially leading to conflict with obligations under Article 2. Our Amendment 119 to Clause 15 would curtail the powers to revoke or replace secondary retained EU law affecting human rights or equality protections in Northern Ireland to ensure continuing adherence to the UK constitutional convention of providing for policy change via primary legislation, with technical and operational detail addressed in subordinate legislation.

Ministers need to engage with stakeholders, including both commissions, and human rights and equality organisations before using delegated powers to replace REUL. Will the Minister give an assurance that that will happen? I know that the noble Baroness, Lady Suttie, will refer to this issue, but will the Minister undertake to meet representatives of both commissions in Northern Ireland to discuss this issue further and help assuage their concerns?

Our Amendment 127, relating to Clause 16, provides for powers to be granted to Ministers to modify and amend REUL and restate or assimilate law or provisions replacing REUL as they consider appropriate to take account of changes in technology or developments in scientific understanding. The use of this power is subject only to the negative procedure, so changes made under it may not require active parliamentary approval. This power will not be time-limited. Our Amendment 127 seeks to ensure that the delegated power to modify legislation may be used for dealing with minor and technical matters only.

I have two questions for the Minister. First, will he meet with both commissions? Secondly, can he provide assurances today that the delegated powers in the Bill to modify legislation will be used to deal with minor and technical matters only, and that any substantive policy change to the law in Northern Ireland, including to human rights and equality law, will be made via the primary legislative process?

We must not forget that both commissions were set up under statute to manage Article 2 of the protocol, which deals specifically with equality and human rights and goes back to the Good Friday agreement. Can the Minister set out what consideration was given to ensuring compliance with Article 2 in the development of this Bill, and ensure that there will be no detrimental impact on the precious commodity of devolution in Northern Ireland or our special arrangements in Northern Ireland under the protocol and the Windsor Framework?

[Baroness Suttie (LD)]

My Lords, I rise to speak briefly to Amendments 119 and 127, to which I have added my name. Like my noble friend Lord Bruce, I apologise to the Committee: for a variety of reasons I was unable to attend the previous debates on devolution. The noble Baroness, Lady Ritchie of Downpatrick, has given detailed background to these amendments and made a powerful set of arguments in favour of them. I just want to re-emphasise a couple of the points she made.

As the noble Baroness said, these two amendments would ensure that no significant policy changes relating to human rights, equality or environmental protection in Northern Ireland could be implemented through the use of delegated powers. As it stands, the Bill does not give enough consideration to the very particular set of circumstances faced by Northern Ireland. There are multiple layers of existing international commitments through the Good Friday/Belfast agreement, the Northern Ireland protocol and now the Windsor Framework, and it is not entirely clear to me how all these commitments will fit in with the Bill and which will take precedence.

The Minister will be aware that, as the noble Baroness, Lady Ritchie, set out clearly, the Northern Ireland Human Rights Commission has expressed strong concerns about the sheer number and scope of delegated powers provided for in the Bill and the potential impact of the protocol on Article 2, which guarantees “no diminution” of certain human rights and equality protections. As the noble Baroness spelled out, the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland are deeply concerned that the Bill as drafted may accidentally or otherwise result in breaches of Article 2 of the protocol. Article 2 touches on a range of equality and employment rights protections that could be unpicked, not least because it is open to a certain degree of interpretation.

These concerns about the potential impact on Northern Ireland are exacerbated by the continuing absence of an Assembly or Executive in Northern Ireland. A functioning Executive and Assembly would have provided an additional layer of oversight and scrutiny in safeguarding Article 2 of the protocol. As a result of the lack of a Northern Ireland Executive, the Northern Ireland Civil Service is already extremely stretched. The Bill will almost certainly impose an extra set of burdens on it, not least given the unrealistic timescales involved.

I strongly support the request from the noble Baroness, Lady Ritchie, that the Minister meet representatives of the Northern Ireland Human Rights Commission in order to hear at first hand their very real concerns. I look forward to hearing the Minister’s response.

--- Later in debate ---

[Baroness Bloomfield of Hinton Waldrist (Con)]

I think the noble Baroness was talking about adding to the burden of legislation, which is Clause 15.

[Baroness Ritchie of Downpatrick (Lab)]

On a different point, I thank the Minister for the assurances that she has provided us with in relation to Article 2 of the protocol, but could she also indicate whether she is prepared, if required, to meet both commissions? I understand that one commission is responsible to the Northern Ireland Executive and the other directly to the UK Government. Would that be possible? Maybe in the fullness of time, if the Minister wants to reflect on that request, she could provide us with an answer in writing.

[Baroness Bloomfield of Hinton Waldrist (Con)]

Certainly, more relevant Ministers will be meeting all the time, as well as officials, to discuss these issues, and they are probably the best and most appropriate channels of communication.

Nitrate-free Bacon and Ham

Baroness Ritchie of Downpatrick Excerpts

Tuesday 18th October 2022 Lords Chamber

Asked by

[Baroness Ritchie of Downpatrick]

To ask His Majesty’s Government what steps they are taking to support the production of nitrate-free bacon and ham in England.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I declare my farming interests as set out in the register.

Nitrates are approved additives for use in pork products. The Government consider that existing levels of nitrates in food products are sufficiently protective of consumers. We are keen to support innovation in the food industry. Where individual companies use authorised alternatives, it is ultimately a commercial decision. The Government’s position is that any intervention should be restricted to areas where there are potential health and safety concerns based on available evidence.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I thank the Minister for his Answer, but I ask him: will the Government consider a review of regulation surrounding the use of nitrites in food production, following action taken in the French National Assembly to bring in legislation to minimise the use of nitrites in cured meats? Given the association of nitrites with a heightened risk of bowel cancer and that risk-free alternatives are widely available, would the Minister support a ban on the use of these chemicals in food production? When he is next in Northern Ireland, will he visit and tour factories beside me in Downpatrick that use innovation to produce nitrite-free food?

[Lord Benyon (Con)]

I think the company to which the noble Baroness refers produces something called Better Naked, which is a very worthy product and has a lot of innovative approaches. However, we are following the evidence on this: while the IARC published a report that said that processed meats can be carcinogenic in some cases, it does not make a direct link between the consumption of nitrates and nitrites in processed meats and colorectal cancer. We must be very mindful of the fact that these products in meats inhibit the growth of conditions such as clostridium botulinum, which can of course be fatal.