Draft Windsor Framework (Enforcement etc.) Regulations 2023

Mark Spencer Excerpts

Monday 11th September 2023 General Committees

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

I beg to move,

That the Committee has considered the draft Windsor Framework (Enforcement etc.) Regulations 2023.

The draft regulations were laid before the House on 4 September. Their purpose is to implement arrangements agreed under the Windsor framework, which, as hon. Members will be aware, was announced by the Government in February this year.

The prospect of full implementation of the original Northern Ireland protocol met with some challenge from businesses and communities in Northern Ireland. Despite a range of grace periods being in place, the protocol has already led to significant disruption in the links between Great Britain and Northern Ireland. The central purpose of the draft regulations is to put in place essential arrangements that were agreed in the Windsor framework to address that.

The measures fundamentally recast the old Northern Ireland protocol to restore the smooth flow of trade in the UK internal market, safeguard Northern Ireland’s place in the Union and address any concerns over any democratic deficit. Importantly, the draft regulations do not establish those arrangements themselves, but provide Northern Irish authorities with powers required as a consequence of those arrangements. That will ensure their proper functioning and guarantee protection for Northern Irish consumers, in line with that in the rest of the United Kingdom.

To enable the flow of trade once again, we are introducing new regimes for the movement of goods between Great Britain and Northern Ireland. First, the Northern Ireland retail movement scheme establishes a new, sustainable, long-term legal framework for trade in retail agrifood goods between Great Britain and Northern Ireland. The new scheme will allow traders moving agrifood goods destined for the final consumer in Northern Ireland to benefit from a unique set of arrangements.

The arrangements enable consignments to move on the basis of a single certificate, without routine physical checks, and on the basis of Great British—not EU—public health, marketing and organic standards, as well as catch documentation requirements for certain species of fish. Indeed, the Windsor framework secures the disaggregation of over 60 EU regulations on goods moving to Northern Ireland via the scheme. The application of GB standards to those goods ensures a common approach across the United Kingdom. The scheme will be available to all such traders, including retailers, wholesalers, caterers and those providing food to public institutions such as schools and hospitals.

Secondly, the Northern Ireland plant health label regime will remove the requirement on plants for planting and used farming or forestry machinery to be accompanied by expensive phytosanitary certificates, which cost businesses around £150 per movement. Instead, operators will be able to register and become authorised to issue an attachable Northern Ireland plant health label for goods moving from Great Britain to Northern Ireland. That will help to significantly reduce the cost for businesses that move such goods to Northern Ireland. The Northern Ireland plant health label is based on the existing UK plant passport regime, which controls plant health in the rest of the UK and ensures freedom from pests. Previously banned seed potatoes will once again be available in Northern Ireland from other parts of the UK. They will also move under the Northern Ireland plant health label scheme.

The draft regulations will allow for the significant, pragmatic and proportionate enforcement of key elements in these new schemes. First, as agrifoods entering Northern Ireland under the Northern Ireland retail movement scheme can now meet the same public health, marketing and organic standards that apply elsewhere in the UK, relevant bodies in Northern Ireland need the powers to ensure compliance with those standards. The draft regulations ensure that existing Northern Ireland powers can be used in respect of goods that move under the scheme, including the ability to remove non-compliant goods from sale and act against non-compliant businesses. Such powers are already in place in Northern Ireland in respect of EU standards; as such, the regulations do not represent a widening of enforcement powers or additional responsibility for business. Importantly, though, they will ensure the continued protection of public health, consumers’ interests and food safety in Northern Ireland, guaranteeing that consumers in Northern Ireland will benefit from the same high food safety standards and equivalent protections as consumers in the rest of the UK.

Secondly, the draft regulations provide the necessary enforcement powers to ensure compliance with the Northern Ireland plant health label regime, in line with what already exists for the UK plant passport regime in the rest of the UK. They affect only businesses that make use of the regime and are no more burdensome than they are for British businesses operating within the plant passport regime. They will ensure that authorities in Great Britain and Northern Ireland will be able to manage non-compliance with the Northern Ireland plant health label regime proportionately, using the existing domestic plant health enforcement regime.

The measures are intended not to burden lawful traders but to create an equitable ground for business and protect the interests of consumers in Great Britain and Northern Ireland. As we would expect, the measures will have no impact on traders who abide by the relevant Great British standards for agrifood and the terms and conditions of the Northern Ireland plant health label scheme.

As we move forward with the Windsor framework, let us not forget its profound implications for trade and the economy. The framework is an innovative solution that removes the Irish sea border for goods remaining in the UK and provides a stable legal foundation for trade, allowing everyday goods to move easily while adhering to the highest standards and protecting biosecurity on the island of Ireland. The new arrangements will ensure that consumers in Northern Ireland can access goods available across all parts of the UK and that they are protected by the same high standards as consumers elsewhere in the UK.

I hope I have assured all Committee members about the purposes and aims of this statutory instrument. It is a crucial part of the Windsor framework, which the Government announced earlier this year. I am sure that we all agree that this is a positive step for business and consumers. As we take this positive step forward, let us remember that the framework is about not just trade, but securing a brighter future for all. I am grateful for Committee members’ attention. I look forward to a short debate and then moving forward.

--- 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.

[Sammy Wilson]

When one thinks of smooth trade, one thinks of a lorry leaving here in London and going up to Scotland or Wales: it does not get stopped; it does not need to have labels on the goods; the final destination of the goods does not need to be known; it does not need a trusted trader arrangement for the people involved; and it does not need export papers. How can the Minister claim, when all that has to be in place for goods going to Northern Ireland that are purely for consumption in Northern Ireland, that that can be regarded as smooth trade? It would not be regarded as smooth trade if people had to do it in GB.

[Mark Spencer]

Again, I hesitate to wade in, because such matters are often way above my pay grade. However, we have to recognise that there are a number of challenges, not least of which are that we have to respect the Good Friday agreement and we have to respect the phytosanitary integrity of the island of Ireland. That is why we are devising these processes to try to expedite and ease that trade as much as possible while respecting all those other challenges that we face as a Government. We need the regulations so that we continue trade with Northern Ireland.

[Sammy Wilson]

I appreciate the Minister’s point about safeguarding the Northern Ireland market and making sure that goods are compliant, including with UK law. However, he was the one who emphasised this point in his speech, and it is also emphasised in the explanatory memorandum, so could he explain to me what dangers the UK Government see in goods going from GB into Northern Ireland that could harm Northern Ireland consumers? Is there a volume of goods, and what sectors of the economy are those goods coming from, that require these kinds of checks because he and his explanatory memorandum have emphasised that this is one of the main reasons for the checks?

[Mark Spencer]

I am grateful for the right hon. Gentleman’s intervention, but this is about the phytosanitary protection of the island of Ireland. Of course, we have obligations to try to mitigate the spread of any diseases in the United Kingdom. For example, we have measures in place with the Welsh Government, and we have operations that will restrict movement of plants across the United Kingdom to protect other parts of the UK from the spread of disease. It will be similar to moving an infected tree from London to Edinburgh, or from London to Shropshire. We need measures in place to ensure that we do not unwittingly spread disease around the United Kingdom.

The right hon. Member for Leeds Central asked a specific question about titanium dioxide. I will do my best to answer him, but I am more than happy to write to him if he does not feel my answer is adequate. The regulations mean that food items containing titanium dioxide, which is now banned in the EU, can lawfully be sent for sale to consumers in Northern Ireland. Under the Windsor framework, more 60 pieces of EU legislation have been disapplied on retail agrifood goods moving from Great Britain to Northern Ireland under the Northern Ireland retail movement scheme. GB standards will apply instead. That food additive remains authorised for use in Great Britain, so prepacked agrifood goods with this additive may be moved from GB to Northern Ireland under the Northern Ireland retail movement scheme for supply to Northern Ireland consumers. That is consistent with a UK market.

[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.