Exiting the European Union (Aquaculture)

John Redwood Excerpts

Wednesday 20th February 2019 Commons Chamber

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

I beg to move,

That the draft Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019, which were laid before this House on 15 January, be approved.

This instrument extends to Northern Ireland only. The island of Ireland has only 10 native species of fish—40 fewer than in Great Britain and 80 fewer than continental Europe. With fewer species, it has fewer aquatic pests and diseases and, consequently, has a higher aquatic health status. We must ensure that that situation is maintained. We also acknowledge the vulnerability of the aquatic environment and the aquaculture industry to the introduction of diseases and alien species.

In Northern Ireland, aquaculture is a small but valuable market. In 2017, aquaculture production accounted for 1,248 tonnes of finfish at a value of over £6.5 million on 36 active licensed sites and 5,831 tonnes of shellfish, mainly mussels and oysters, at a value of over £9 million on 43 active aquaculture sites. The sector employs 93 full- time and 33 part-time staff.

Disease freedom underpins international regulations on the trade in live animals and their products. Northern Ireland enjoys a higher health status than the rest of the UK, as it is free from many of the most serious aquatic animal diseases. The maintenance and protection of Northern Ireland’s aquatic health status safeguards the interest of the aquaculture sector, as well as the public, who derive health and wellbeing benefits from angling and other recreational activities.

This statutory instrument will provide the necessary technical corrections to the Aquatic Animal Health Regulations (Northern Ireland) 2009, which are the principal regulations, and the Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012 to ensure operability when the UK leaves the EU. The instrument does not introduce any policy changes.

[John Redwood (Wokingham) (Con)]

I fully support what my hon. Friend is trying to do for continuity, but can we expect further legislation shortly after leaving—if we leave without signing a withdrawal agreement—because we would presumably want our own policy then?

[George Eustice]

My right hon. Friend will be aware that once we leave the EU, whether without an agreement or after the conclusion of the implementation period, the UK will be free to legislate independently in such areas, rather than having to do so in accordance with EU directives.

The UK Government remain committed to restoring devolution in Northern Ireland. However, in the absence of a Northern Ireland Executive, UK Ministers have decided that, in the interest of legal certainty for Northern Ireland, the Government will take through the necessary secondary legislation at Westminster for Northern Ireland in close consultation with the relevant Northern Ireland Department.

The proposed amendments fall into three main categories. First, cross-references to EU instruments are amended so that they are operable after EU exit. The amendments modify cross-references to the 2006 directive contained in the principal regulations. The modifications are essential to ensure the operability of the principal regulations following the UK’s exit from the EU. They are common amendments that appear throughout Northern Ireland, England and Wales and Scotland EU exit statutory instruments. For example, the amendments substitute references to “Member State” or “Member States” with “Northern Ireland”, the “Competent Authority” or the “UK or a constituent UK territory”, and references to the EU are changed to the UK. The amendments also include the substitution of references to articles in the directive with references to provisions in the domestic Northern Ireland regulations that transposed the directive to ensure a reference point in the regulation itself, rather than to an EU directive. Some cross-references contain further cross-references to the directive and, in these cases, the cross-references have been followed through to modify all the necessary provisions.

Secondly, a group of provisions will be redundant or inoperable in Northern Ireland law after EU exit. This instrument makes an amendment to the Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012 to remove the reference to a representative of the European Commission being able to accompany an inspector of the Department of Agriculture, Environment and Rural Affairs, because it will no longer be appropriate for such an official to attend after we leave the EU.

Finally, there are cross-references to directly applicable EU instruments to reflect technical amendments made to such instruments by other UK-wide SIs. Part 2 of annex 4 to directive 2006/88 contains listed diseases. It was replaced with a new annex 1A inserted into regulation 1251/2008 by the Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 to enable the UK to amend the list of diseases in retained EU law following exit from the EU. The amendments are made to replace references to annex 4 of the directive to annex 1A to the regulation, which will ensure correct references to retained EU law in the domestic Northern Ireland regulations.

Given the unique biodiversity of the island of Ireland, DAERA officials work closely with their Irish counterparts on a range of fish health issues, especially with regard to contingency planning, trade matters, disease issues and biosecurity. Co-operation on such matters was in place long before we joined the EU and will continue when the UK leaves the EU. There is a close working relationship across the island of Ireland on fish health and aquaculture.

For example, the Bottom Grown Mussel Consultative Forum facilitates the management of the seed mussel fishery on an all-island basis. It consists of officials from Departments, scientists, enforcement agents, Inland Fisheries Ireland and the aquaculture industry. The group has been instrumental in securing the Marine Stewardship Council certification for Irish bottom-grown mussels. This prestigious status ensures premium market access for Ireland’s top-quality mussels, and it demonstrates that the sector is vigilant on disease prevention and control, maintains high biosecurity standards and is environmentally aware.

The intention of the regulations is to maintain the status quo and keep the aquatic animal health and alien species in aquaculture regimes functioning much as they do now. The regulations do not create new policy or change existing policy. As a result, no significant impacts are expected to arise from them. In moving this statutory instrument, a workable legal framework underpinning business as usual in the aquatic animal health and alien and locally absent species in aquaculture regimes will be preserved after exit.

[John Redwood]

I seek to clarify my earlier question, which did not seem to get through. Is the Department working on a better regime for fishing in general, and for fish health in particular, for once we have left? This is a great opportunity, and fishing is an area that has been very badly damaged by EU membership.

[George Eustice]

My right hon. Friend will be aware that the purpose of these regulations is to ensure that we have an operable law book on day one after leaving the European Union, but he will also be aware that, separately, the Fisheries Bill is going through the House—it has completed its Committee stage and will return shortly on Report. I can confirm that the Bill has a dedicated provision that gives the Government power to legislate in the area of fish health in particular so we can improve on the current regime and make any necessary changes. These regulations are simply about ensuring we make retained EU law operable, and I commend them to the House.