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

David Drew Excerpts

Monday 28th October 2019 General Committees

[Dr David Drew (Stroud) (Lab/Co-op)]

It is a delight to serve under your chairmanship, Mr McCabe. This is the second of the three statutory instruments that we must consider today and the only one not about the CMO, the common organisation of agricultural markets, about which some of us have become quite knowledgeable.

Were the Northern Ireland Assembly sitting, would this SI have come before this Committee, or is it here entirely because—the Minister seems to nod, but he can answer when he sums up—the Assembly is not sitting? Will the Assembly recapture this responsibility as and when it does sit again? It is important that we know what we are doing here. Most of what we do relates to wider UK responsibilities, even though agriculture is a devolved function.

Scottish National party Members have made it clear in Delegated Legislation Committees that they do not necessarily agree with some of the ways in which these measures are debated. Sadly, we have no representative from the Democratic Unionist party with us. The hon. Member for Upper Bann (David Simpson) came to the earlier Committee—and we sent him away. It would be interesting to know his party’s position on these changes.

I have a number of reasonably detailed questions for the Minister. The regulations amend two Northern Ireland statutory rules and four Northern Ireland orders, and we have eight headings of regulatory change identified, but it is not at all clear which changes apply to which headings and how they fit in with existing Northern Ireland regulations. It would be useful to know exactly what we are dealing with; otherwise we may have to come back again, to amend the amendments to the amendments, as we have done in the past. It would be useful at least to know what we are amending and why. As I said, there are eight different pieces of regulatory change to two statutory rules and four orders. Where do they all fit?

These are important regulations dealing with pathogens and seeds and plant propagating material, which have quite an impact on Northern Ireland. The obvious question is, to what extent will this be affected by the Prime Minister’s withdrawal agreement? Materials of those types could be transported, whether deliberately or accidentally, so who is responsible for ensuring that we allow the proper trade to take place but that someone deals with risk material? Of course, there are arrangements now, but those are within the EU, and we are dealing now with a completely new situation. With a border in the Irish sea, how will that trade be policed and these regulations enforced? Which organisation will take that on and who will hold that organisation to account?

It would be interesting to know why the transitional period is 21 months. In the earlier Committee, on wine, the period was nine months. We seem to be getting a differentiated picture on transitionary arrangements. How was that term arrived at? Who will oversee the transitionary arrangements to ensure they are being adhered to? What will occur if, for any reason, there is slippage,? Will we have to revisit the regulations, or is there a degree of flexibility in the arrangements?

These regulations are more straightforward than those considered by the earlier Committee, perhaps because they relate directly to one part of the United Kingdom—an important part of the United Kingdom. As always, the explanatory memorandum says:

“There is no significant impact on business, charities or voluntary bodies.”

One presumes that there will be some impact because of the nature of the changes to be introduced. I wonder what analysis the Government have undertaken. Again, no regulatory impact assessment has been undertaken, but someone somewhere must understand that there will be some impact. It would be useful to know what consultation has been undertaken.

I was in Northern Ireland a year ago talking to DAERA officials. I felt sympathy for them: they are having to pass all political decisions up the line, which is presumably why we are here today discussing this instrument, so that the Department for Environment, Food and Rural Affairs takes that responsibility. Again, however, that will not help the officials with the day-to-day administration of some quite complex regulation, even though, as I have said, it is a bit more transparent than some things we dealt with earlier and, no doubt, than what we shall deal with later when we reach our third Delegated Legislation Committee of the day.

It would be interesting at least to know from the Minister who—given that there is no Assembly or Executive—is discussing the impact of the measures. I do not know that much about the egg trade in Northern Ireland, but I know a bit about the poultry trade and the importance of chicken meat through Moy Park, which is a major exporter. I wonder who, within Northern Ireland, has had the opportunity to express their views on the sorts of changes that are taking place, and to make sure that the Government are aware of some of the implications, particularly given the currency of the Prime Minister’s withdrawal agreement. Has the matter really been worked through?

[Conor McGinn (St Helens North) (Lab)]

One organisation that has spoken clearly and vociferously on the matter is the Ulster Farmers Union, which has asked for much more clarity about the new relationship between Northern Ireland and Great Britain in relation to the provisions set out in the withdrawal agreement. It has been equally clear that a no-deal Brexit would be catastrophic for farming across the UK, but particularly in Northern Ireland.

[Dr Drew]

I have met Mr Ferguson on a number of occasions and he has made that very point to me. I wonder whether the Minister can tell us of an organisation that one would expect to be consulted and conferred with, and that would have to be listened to. It would be interesting to know, given the lack of an Assembly and Executive, who the UK Government have talked to about some pretty important elements that need to be clear before we nod the measure through.

Northern Ireland is different from Wales and Scotland, which have their own Administrations and devolved responsibilities. Northern Ireland has not, so effectively we are acting on behalf of that part of the United Kingdom. We therefore have to make sure that the measure is right. I hope that the Minister can allay any fears, because there is another statutory instrument to be considered tomorrow morning. It will probably be a bit more controversial than the one before us now, but we will again be acting on behalf of the Northern Ireland Assembly—or will we not? I go back to my original point. If the Assembly had been in place, would we not have debated the measures, given that it would have had the responsibility of seeing them through? It is important to know those things and have them explained on the record, at least.