Draft Windsor Framework (Enforcement etc.) Regulations 2023

Debate between Hilary Benn and Mark Spencer

Monday 11th September 2023 General Committees

[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.

Draft Agriculture and Horticulture Development Board (Amendment) Order 2023

Debate between Hilary Benn and Mark Spencer

Wednesday 19th July 2023 General Committees

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

I beg to move,

That the Committee has considered the draft Agriculture and Horticulture Development Board (Amendment) Order 2023.

It is a pleasure to serve under your chairmanship, Sir Robert. I will start by declaring my farming interests as set out in the Register of Members’ Financial Interests.

The draft statutory instrument delivers a package of modernising financial and operational improvements to the Agriculture and Horticulture Development Board. I will highlight some of the fantastic work that the AHDB does: it invests about £42 million each year in a range of levy-funded services for farmers and others in the agrifood chain, including applied research, knowledge exchange, market intelligence and analysis, marketing and consumer education, and working with the industry and Government to establish new export markets.

The draft instrument modernises the Agriculture and Horticulture Development Board Order 2008 so that it can continue to deliver those important services efficiently and effectively. It will allow more agricultural services to access the AHDB’s services in future. It will deliver flexibility for sectors including poultry, wine and related agrifood chain industries such as supermarkets to work with the AHDB where they wish to. Any activities that the AHDB undertakes through this expanded scope will be funded by those industries in accordance with article 8 of the AHDB order, which enables the AHDB to charge for services. That will not involve a statutory levy.

The draft instrument delivers changes to help the AHDB reduce administration costs and to operate more efficiently. It will put in place a more efficient process for ministerial approval of levy rates, so that in future approval must be sought when changes are being proposed, rather than bureaucratic annual approval by default when nothing is changing. It will also enable the AHDB to deliver a temporary zero-rated levy if there is financial pressure within the sector due to exceptional circumstances such as a disease outbreak or a market crash.

The draft instrument will also deliver important modernising changes to outdated levy deduction provisions. Those provisions enable third-party levy collectors to deduct a percentage of the levy that they collect to cover any admin costs. However, Members will be aware that modern automated financial systems have significantly reduced the admin costs of collecting such a levy, so we want a more flexible provision to be implemented. The instrument leaves the levy deduction rate open to be reviewed and agreed between third-party levy collectors and the AHDB, rather than being set in statute at a specific rate. It can be much more flexible moving forward. This will deliver better value for money for levy payers, and more of the levy income collected will be returned to the AHDB to invest in delivering the services that we spoke about previously.

A further important update to the AHDB order concerns the maximum levy rate allowed for the sheep sector. The levy rate for the sheep sector has been at the maximum allowable rate for more than 10 years—we are going to raise the maximum ceiling for each sheep category by 25% to provide headroom within the AHDB to consult the industry further on the appropriate levy rate to maintain the services that they receive from the AHDB in the future. The new ceiling per head of sheep will be 75p for producers, and 25p for slaughterers and exporters. The Government consultation on that reform showed that key industry organisations such as the National Sheep Association and the National Farmers Union are supportive of raising the sheep levy ceiling. The AHDB will undertake further consultations with the industry on future options for changing those levy rates.

Finally, the draft instrument delivers some smaller changes to modernise the AHDB order so that it is up to date with current practices on invoicing, reflects consolidation of the pig sector, and is in line with Cabinet Office guidance on public appointments of board members.

[Hilary Benn (Leeds Central) (Lab)]

On the amendment of article 12, which deals with who can vote, the measure will replace

“Any person who keeps pigs in England”

with

“Any person who pays the producer levy related to pigs”

I assume that that means that the number of people who will be able to vote is reduced, as there are some people who keep pigs who do not pay the producer levy. Is that correct?

[Mark Spencer]

That is correct, but we are talking about people who have pet pigs in their garden. They will pay a levy if they choose to slaughter their pet pig, but I would think that that is quite unlikely.

In conclusion, these modernising updates to the AHDB regulations will ensure that the AHDB can continue to deliver important services to farmers and others in the agrifood chains efficiently and effectively.

Business of the House

Debate between Hilary Benn and Mark Spencer

Thursday 9th June 2022 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

May we have a statement from the Health Secretary on when the go-ahead will be given for the construction of the new Leeds children’s hospital and adult hospital buildings? The Government have repeatedly expressed support for the project, the site will be cleared by the end of the month, and Leeds Teaching Hospitals NHS Trust is raring to go with a project that will bring not only world-class health facilities to my constituents, but wider economic benefits in the form of jobs for the city.

[Mark Spencer]

I celebrate the right hon. Gentleman’s enthusiasm for the Government’s investment in the health service. I am sure that the Health Secretary will be able to respond directly to his question about the timetable during Health questions next week, but the Government are committed to building 40 new hospitals, and I am sure that Leeds is a huge part of that investment programme.