Nutrition (Amendment etc.) (EU Exit) Regulations 2020

Debate between Lord McNicol of West Kilbride and Baroness Ritchie of Downpatrick

Wednesday 25th November 2020 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I declare my interest as a member of the Common Frameworks Scrutiny Committee and thank the Minister for his explanation of the regulations which are being introduced primarily to implement the protocol on Ireland/Northern Ireland and to address the deficiencies in retained EU law. I agree with the Minister that it is important to protect public health.

I will concentrate on the areas that have an impact on the Northern Ireland protocol and the intersection with that particular common framework. I have certain questions that I would like the Minister to answer. If he cannot provide answers today, perhaps he will provide them in writing to me. I underscore the point again that public health is of vital importance. Therefore, where do the regulations intersect with the Nutrition Related Labelling, Composition and Standards common framework, which is currently subject to ongoing consultation? Was cognisance taken of this provisional framework in drawing up this statutory instrument? From what I gathered from the Minister, that was the case. I contend that there are issues and therefore a need for ongoing scrutiny and parliamentary reports where such intersections occur.

While Northern Ireland officials, Ministers, and particularly in this instance the Department of Health and Social Care and Minister Swann will no doubt participate fully in this framework, does the Minister anticipate any issues related to policy divergence between Northern Ireland and the rest of the UK at the end of the transition period? I note that the noble Lord, Lord Bourne of Aberystwyth, referred to certain issues to do with divergence in relation to the protocol.

What was the nature of the consultation with the Northern Ireland Executive and particularly the Department of Health and Social Care and the Food Standards Agency regarding the content of this statutory instrument? It is interesting to note that although Annexe 2 of the Northern Ireland protocol states that EU nutrition rules will continue to apply to Northern Ireland, I could not find any reference to that in the initial documents in the provisional common framework. That may have been corrected in the further documentation on this. Why is that the case? The likelihood of divergence will increase over time and could potentially have serious implications for the future operation of the UK-wide framework as well as for public health.

I come at this from a position of not wanting a border in the Irish Sea, and I come politically from the point of view that I do not want a border on the island of Ireland between the UK and the European Union. But issues thrown up yesterday by the Northern Ireland Retail Consortium have been amplified by the First Minister and Deputy First Minister in letters to the European Commission. There are currently two lists of foods: prohibited and allowed. If we want to ensure that public health is promoted in Northern Ireland, it is important that those foods on the prohibited list, such as seed potatoes and other types of seeds, can go on to that allowed list to ensure a continuation of a varied diet and varied access to foodstuffs and food supplies for all consumers in Northern Ireland. That is vital.

Two weeks ago at Oral Questions, I asked the Minister for the Cabinet Office, the noble Lord, Lord True, about this issue, and he said that it was a matter of ongoing negotiations. As we are just five weeks from the end of the transition period, I ask the Minister, the noble Lord, Lord Bethell, whether there has been any progress on those negotiations or any definite outcome. It is vital to not only our retail industry, but to public health, diet and food standards in Northern Ireland.

It is important that flexibilities are introduced to ensure that certain foods are moved from the prohibited to the allowed list to ensure good public health as well as a buoyant economy, and that local consumers have access to affordable food supplies and are not forced to resort further to food banks.

I am as guilty as the next person in these debates in traversing and travelling in various directions. As well as this statutory instrument on nutritional matters, there is the other common framework about food and feed policy approaches that throws up issues about the Northern Ireland protocol. I am simply asking for equality and access to all the same foodstuffs that we currently have, so that all consumers can access a good-quality diet at an affordable cost.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

My Lords, the next speaker, the noble Lord, Lord Bhatia, will be followed by the noble Baroness, Lady Thornton.