Draft Windsor Framework (Enforcement etc.) Regulations 2023

Hilary Benn Excerpts

Monday 11th September 2023 General Committees

[Hilary Benn (Leeds Central) (Lab)]

It is a great pleasure to serve under your chairship, Ms Nokes. I am grateful to the Minister for his explanation of the draft regulations. As he will know, I strongly support the Windsor framework as a way out of the mess that both the Government and the EU had got themselves into. For that reason, we will not oppose the regulations, although I want to raise some questions.

I realise that these particular regulations are principally about ensuring that the appropriate authorities have the power to enforce the new arrangements, but, as the Minister will be only too well aware, it is essential that people understand what is expected of them so that they do not fall foul of these enforcement rules. In other words, we need clarity and timely guidance. On that question, may I begin by referring to paragraph 7.4 of the explanatory memorandum? About halfway down, it says:

“The SPS Regulation will also be applicable in NI, but under Article 1(2) and Annex 1 of that regulation, the standards in directly applicable EU law are disapplied in relation to retail goods under the Scheme.”

So far, so good. It goes on:

“This means that the relevant NI legislation does not apply to retail goods under the Scheme.”

But the very next sentence says:

“This SI applies the NI legislation to goods under the Scheme.”

Maybe I have misread the paragraph or missed something, but surely the relevant Northern Ireland legislation either does not apply to goods under the scheme or it does. Which of those two is it, or are those two consecutive sentences referring to different types of goods or different circumstances?

Next, the Minister will be aware that many of those who submitted evidence to the recent House of Lords European Affairs Committee inquiry, which produced an excellent report that I commend to all Members, argued that the implementation of these new arrangements, while a great improvement on the full application of the Northern Ireland protocol, will still represent an increase in checks and paperwork compared with the grace periods. Does the Minister accept that?

Let us take an example. There is a particular issue for hauliers who carry mixed loads—I think it is referred to as groupage—some of which is for the red lane and some of which is for the green lane but all of which is in the back of the same truck. In practical terms, how will the situation be managed to ensure the right enforcement for the right lane? Can the Minister give an assurance that no goods that qualify for the green lane will be subject to red lane inspection even though they are in the back of the same truck with red lane goods? To what extent will the red and green lanes apply to the products that he referred to?

The explanatory memorandum makes it clear that agrifoods moving from Great Britain to Northern Ireland under the Northern Ireland retail movement scheme, which I welcome, will be able to meet relevant GB public health and consumer protection standards. Can the Minister therefore confirm for the record, because I understand this to be the case, that cakes and ice cream containing the food whitener titanium dioxide, which is banned in the European Union but not in the UK, can continue to be moved from Great Britain to Northern Ireland and sold to consumers there?

From 1 October, businesses in Great Britain will be able to move prepacked retail goods as well as certain other goods, including fruit and vegetables, through the green lane to Northern Ireland under the Northern Ireland retail movement scheme. These requirements will come in in three phases. As I understand it, in phase 1, the “Not for EU” label that we have started to see will be required on all prepacked meat products, meat packed on sales premises and some dairy products. I understand that compound products such as chicken kiev are included in phase 1, but composite products such as pepperoni pizza are not. I am a vegetarian, but I thought it was important to raise that point. Is the Minister confident that the new arrangements, including the difference between compound and composite products, are well understood by manufacturers and traders? Will those enforcing the new arrangements take a proportionate approach to their implementation in this case and the others he referred to?

The provisions for seed potatoes are a great step forward and I welcome them, but can the Minister clarify the situation on the movement of certain shrubs and trees—in particular, oak, yew, honeysuckle, willow, hazel, dogwood, birch, chestnut, beech, fig, ash, jasmine, walnut, rowan, poplar, cherry, and hazel and hawthorn—given their importance for hedgerows? As I understand it from the document issued by his Department on 6 September entitled “Regulated plants for planting under a Northern Ireland plant health label”, the trees I just mentioned

“must not be moved from Great Britain to Northern Ireland”,

although in respect of Acer, also known as maple, Malus, also known as crab apple, and crataegus, also known as hawthorn, it states:

“Some of the species in this genus have now been approved to move”

and advises traders to

“Consult your local PHSI Inspector.”

The Minister will be aware that the inability to move certain species of tree or shrub from Great Britain to Northern Ireland for planting causes a great deal of concern to farmers, growers and garden centres. Since only some of these trees and shrubs have been cleared for movement so far, what will be the process for clearing the rest so that there is ultimately free trade in these iconic species?

Finally, on any agrifood checks, it would really help if there was a veterinary agreement between the United Kingdom and the European Union. Perhaps the Minister could tell the Committee what discussions he has been having with the Commission about how to bring one into being, given that in the vast majority of cases we are still applying EU single market rules to the sector.

--- Later in debate ---

[Mark Spencer]

I am conscious that this is quite a specific debate about the enforcement of the regulations in Northern Ireland. It is tempting to wade into reliving the debate with the EU and the Brexit debate, and to get into topics that are much wider than the SI we are debating . I will resist temptation and try to stick to the SI.

I will try to address the specific questions asked by the right hon. Member for Leeds Central. On his first question, about paragraph 7.4 in the explanatory memorandum, he was quite specific about wording that may appear in legalese to be somewhat confusing. I will try to clarify that as best I can. The first sentence refers to the effect of the EU regulation; the second refers to the situation after the SI steps in to ensure that GB standards can be applied in Northern Ireland to goods that move under the retail movement scheme—if that makes sense. I am more than happy to correspond with him afterwards to try to clarify the position.

The enforcement in Northern Ireland of the retail movement scheme is set out in the Windsor Framework (Retail Movement Scheme) Regulations 2023. The enforcement tools available include suspension or removal from the scheme. However, the relevant competent authorities will take a pragmatic approach to enforcement in the first instance as we work towards maximising compliance with similar domestic schemes. I hope that we will see the compliance and flexibility requested by the right hon. Gentleman.

I did not have time to write down all those trees that the right hon. Gentleman listed, but I will try to deal with his concern. The EU’s risk assessment process for the movement of so-called high-risk trees will also be expedited. Once approved, they will move from GB to Northern Ireland with the Northern Ireland plant label. The 11 most commercially important GB-native and other industry-prioritised trees will be expedited so that they can move in time for the main 2023 planting season. That includes important GB-native trees such as English oak, sycamore, beech and the many others that he mentioned.

[Hilary Benn]

The Minister has made an extremely helpful point, but did he also say that the trees would be ready in time for the 2023 planting season?

[Mark Spencer]

Yes.

[Hilary Benn]

We are in 2023, so can I take it that the expediting process for the assessment will happen in very, very short order?

[Mark Spencer]

We are very keen to expedite this as quickly as possible. Obviously, no one will be planting a tree at this moment in time and we will then move into winter. I will clarify in writing exactly when we hope to have this in place, but we are conscious that we do not want barriers. We want to allow free market movement of goods wherever possible.

I turn to my friend from Northern Ireland, the right hon. Member for East Antrim. I understand his passion and his commitment to Northern Ireland, and we share many of his ambitions. Of course we want Northern Ireland to remain part of the United Kingdom, but in creating the Windsor framework, we are trying to address the challenges that were brought forward through the protocol. He criticises us for not consulting Northern Ireland and those who are affected, but of course there is huge pressure to try to solve this challenge. I know that he would be one of those voices—indeed he was—saying, “Let’s try and overcome the challenges that we face in the protocol.” These are the solutions that we have brought forward and we are trying to expedite those solutions as quickly as possible.

The Windsor framework achieves a long-standing UK Government objective of restoring the smooth flow in trade within the UK internal market. By pursuing a green lane for the movement of goods from GB to Northern Ireland, supporting Northern Ireland’s place in the UK, it restores that smooth flow of trade within the internal market by removing some of those unnecessary burdens that disrupted east-west trade.

--- Later in debate ---

[Hilary Benn]

I am grateful for that clarification—I understood that that was the case—but does it not illustrate a point that the right hon. Member for East Antrim made? I would have thought that he would welcome what is in the regulations because under the Northern Ireland protocol—this was why I raised the example—cake and ice cream containing titanium dioxide would not have been able to move from Great Britain to Northern Ireland. It would have been banned because EU regulations applied. Now, because GB standards apply, which are GB-UK standards, it can move. Does that not demonstrate how this position represents an improvement on the mess with which we grappled previously?

[Mark Spencer]

I agree with the right hon. Gentleman: it protects the UK internal market, which we are very keen to do. I know that the right hon. Member for East Antrim is also keen to protect that. This is a good example of how things are working.

We have taken a lot of time this afternoon, so I would like to remind members of the Committee of the two critical components of the Windsor framework in the regulations. They will implement the Northern Ireland retail movement scheme, which will establish the new sustainable long-term solution for the movement of agrifood goods from Great Britain to Northern Ireland to the final consumer. Secondly, the Northern Ireland plant health label regime will significantly reduce costs for businesses moving plants to Northern Ireland, putting the process in line with the rest of the UK under the UK plant passport regime. Previously banned seed potatoes will once again be available in Northern Ireland, which is good news for our farms in Northern Ireland and for our Scottish farmers who export top-quality seed potatoes around the UK. This is a big step forward.

Let us not lose sight of the greater narrative. The statutory instrument is part of a wider framework that echoes our resolve to shape a brighter future for Northern Ireland and stands firmly on the pillars of economic prosperity and democratic values. I thank hon. Members for their engagement and questions.

Question put.