Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019

Debate between Conor McGinn and George Eustice

Monday 28th October 2019 General Committees

[George Eustice]

I shall try to address as many of the issues raised as possible.

On the first point made by the hon. Member for Stroud (Dr Drew), if the Northern Ireland Assembly were sitting and we had an Administration in Northern Ireland, this statutory instrument would not be needed. The devolved Administrations have been taking forward their own regulations in devolved areas, and therefore they would have been dealing with these statutory instruments themselves. When an Administration is formed in Northern Ireland, which we hope will happen soon, they will take on that role again.

In the event of a Brexit, if the Administration wanted to make additional changes we might need to remove or change the statutory instrument, allowing them to fill that gap. Although nobody wants to step across the devolved settlement, it is important that Northern Ireland has a functioning statute book, so in the absence of an Administration we have taken this step to legislate on their behalf.

On our consultation in Northern Ireland, we have worked closely with officials in DAERA. The shadow Minister will have to ask the Democratic Unionist party where it stands on the matter, but my understanding is that it wants to have a functioning statute book for day one of exit.

The hon. Gentleman asked a specific point about the two categories of regulation. In my opening comments I gave a long list of orders and statutory instruments that were being changed by this instrument. The simple answer is that an SR is an order made in the devolved Administration in Northern Ireland; they tend to be business-as-usual regulations and we have changed some of them through this instrument, where necessary. The references to SIs tend to be about the SIs that we made earlier in the Brexit process, under the European Union (Withdrawal) Act 2018, which we are now changing. The SIs tend to be changes to Westminster legislation and the SRs are for Northern Ireland.

The hon. Gentleman asked whether the latest new deal that the Prime Minister has brought back has any implications for the SI, and he mentioned checks at the Northern Ireland border. He will be aware that that has no relevance to this SI, which is a no-deal SI. This SI would be necessary in the event that we leave the European Union without a withdrawal agreement, so it does not envisage any of the checks that he mentioned.

The hon. Gentleman asked a question about the transition period in some areas. As we have discussed, other SIs have a grace period of nine months but here we are applying a period of 21 months. The reason for longer transitions in some areas tends to relate to labelling requirements; this is specifically a labelling provision, so a longer period is needed. When these regulations were originally drafted, 21 months would have taken us to the end of December 2020. It was felt that for some of the marketing provisions, where there are labelling implications, it was appropriate to have a longer transition. In other areas, where it is simply a grace period, we have applied our continuity approach, which is that there should be no change for a minimum of six months but change thereafter is easier to contemplate.

The hon. Gentleman asked what consultation had taken place. As I said, we have discussed these issues in detail with officials in DAERA. Indeed, they have been supporting me today on this matter. Despite the numerous different political complexions in different parts of the UK, we have the advantage of a one civil service approach. I know that DAERA officials have engaged with the Ulster Farmers Union closely and that they have raised no concerns about these particular regulations.

[Conor McGinn]

I accept that point on these specific measures, but will the Minister tell us whether he has been to Northern Ireland to meet and hear from the Ulster Farmers Union directly? Has he discussed these measures with representatives of the political parties? Given the all-Ireland nature of agriculture, has he discussed the consequences of a no-deal Brexit with his counterpart in Dublin?

[George Eustice]

As the hon. Gentleman might know, this is my second time in this post. I have been engaged in the last few weeks with taking care of issues such as this and with preparing for the prospect of a no-deal exit. The last time I was doing this role, I visited Northern Ireland on several occasions and had numerous meetings with the Ulster Farmers Union to discuss its concerns. I am sure that my predecessor, my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill), did the same. Yes, the UK Government have engaged with representatives of the Ulster farming community.