Checks on Goods Entering UK

Stephen Farry Excerpts

Monday 29th April 2024 Commons Chamber

[Sir Mark Spencer]

I draw the House’s attention to my entry in the Register of Members’ Financial Interests. What the hon. Lady has described is exactly what we want to try to achieve: making sure that trade, particularly in goods such as potatoes, flows across the channel as freely as possible, but that we protect ourselves from diseases such as brown rot that could be devastating to the UK’s potato production.

[Stephen Farry (North Down) (Alliance)]

Could the Minister set out the Government’s current policy towards a comprehensive UK-EU veterinary agreement, and what negotiations—if any—are happening in that regard? That would surely be a huge win for consumers and producers right across the UK, and would have the added bonus of further reducing the level of checks required on agrifood movements across the Irish sea.

[Sir Mark Spencer]

I do not think that if we were to reach that agreement, it would include veterinary medicines, but of course we continue to have conversations with our friends in the EU to remove as many barriers as possible. We have a strong interest in making sure that the farmers and vets in Northern Ireland continue to get adequate supplies of medicine, and we will work with our friends in the EU to unblock as many of those barriers as possible.

Animal Welfare (Livestock Exports) Bill (Instruction)

Stephen Farry Excerpts

Monday 15th January 2024 Commons Chamber

[Stephen Farry (North Down) (Alliance)]

I, too, will be very brief on this matter. I have enormous sympathy for this motion of instruction. Just for the record, while we did actually suggest a motion of instruction on Dáithí’s law, it did not actually come to that point, because the Secretary of State intervened beforehand in a very sensible way.

We must recognise that Northern Ireland is part of a different legal framework and also a different context, particularly in relation to the large-scale movements on the island of Ireland. Indeed, the Ulster Farmers Union, no less, has made representations on the need to treat the issue on the island of Ireland differently from what is happening in Great Britain.

We also appreciate that the DUP wishes to table an amendment to make an exemption for movements on the island of Ireland. The difficulty is that, if we end up with a situation where this is not addressed at a European Union level, we will simply see re-exportation involving companies based in the Republic of Ireland, which will defeat the purpose that we are trying to achieve.

For this matter to be addressed, the answer really lies at EU level, with the Northern Ireland Assembly—hopefully restored—having a pivotal role in that regard and working very closely with local stakeholders, including the Ulster Farmers Union and local animal welfare organisations. I am conscious that the European Union is actively considering the issue. Perhaps I could ask the Secretary of State, when he responds, to comment on what steps the UK Government could take to support those wider efforts within Europe—I appreciate that, at least for now, we are not part of the EU—and how that can best be taken forward.

It is fair to say that the people of Northern Ireland care as deeply about animal welfare as our colleagues elsewhere in the UK, but we have to find a bespoke solution that addresses our very particular circumstances. We therefore have to proceed in that light. I appreciate that there are complications here, which require more work to be done. Thank you very much.

Northern Ireland Border

Stephen Farry Excerpts

Thursday 3rd February 2022 Commons Chamber

[George Eustice]

My hon. Friend makes an incredibly important point. The Government stand absolutely full square behind the Belfast/Good Friday agreement, which is built on the principle of consent within the communities in Northern Ireland. It respects the role of Northern Ireland within the UK and the importance of unfettered trade between GB and Northern Ireland as a component part of the UK, and I assure my hon. Friend that the Government are absolutely committed to finding a solution. That is why my right hon. Friend the Foreign Secretary continues to endeavour to get a sensible resolution to this issue.

[Stephen Farry (North Down) (Alliance)]

The protocol exists due to the choices made by this Government about the nature of Brexit, and in order to protect the very particular circumstances faced in Northern Ireland. I want to make it very clear that it is already the policy of the devolved Executive from May 2020 that the checks be implemented, and the legal adviser to the Executive is the current Attorney General, not the former Attorney General. Does the Secretary of State agree that we need to find long-term, sustainable and legal pragmatic solutions to the issues with SPS, and also with customs? If we are asking the European Union to subcontract more and more functions around the marginal checks to the UK authorities, trust is essential, and anything that undermines trust is entirely counter-productive.

[George Eustice]

As the hon. Gentleman will know, the Northern Ireland protocol had a number of requirements, including that there should not be unnecessary checks on goods going from GB to Northern Ireland, ensuring that that trade could continue, and ensuring that the principles of the Belfast/Good Friday agreement in all its dimensions were respected. That is why the UK Government are seeking some changes and modifications to the way in which it is interpreted. Finally, it is not for the European Commission to unilaterally interpret what the Northern Ireland protocol means: its interpretation must be bilaterally agreed.

Oral Answers to Questions

Stephen Farry Excerpts

Thursday 28th October 2021 Commons Chamber

[Rebecca Pow]

I thank the hon. Lady for raising that really important point. Everything we are doing on protections relates to both land and sea, with the protection of 30% of the land and 30% of the sea. We are gathering more data on blue carbon. We do not have quite enough data yet to factor it into all our calculations, but we mean to do so. She is absolutely right that our kelp beds and salt marshes can make a great contribution, and a great deal of work is being done on that. Indeed, many of our flood resilience squads are linking in with such restoration projects.

[Stephen Farry (North Down) (Alliance)]

T1. If he will make a statement on his departmental responsibilities.

[The Secretary of State for Environment, Food and Rural Affairs (George Eustice)]

Next week, the UK will host COP26 in Glasgow. Climate change is one of the greatest challenges facing our planet. Both the COP President-designate, my right hon. Friend the Member for Reading West (Alok Sharma), and the Prime Minister have set out the areas where we hope to make progress. My noble Friend Lord Goldsmith and I have held many meetings with countries on the agenda the Department for Environment, Food and Rural Affairs has been leading on, specifically in relation to forests and nature-based solutions to climate change. We will be seeking progress on that agenda in the weeks ahead.

[Stephen Farry]

The current focus in addressing the sanitary and phytosanitary issues in relation to the Northern Ireland protocol now seems to be on a bespoke, specific arrangement for Northern Ireland. I and many others believe that, overall, a UK-EU veterinary agreement would be the best way forward for not only Northern Ireland but the entire UK. Is that objective still the position of the UK Government?

[George Eustice]

The position of the UK Government was set out very clearly and comprehensively in the Command Paper we published earlier this summer. We also have specialised committees working with EU and UK officials to resolve some of the technical and veterinary issues. We are clear, however, that we want goods to be able to travel from Great Britain to Northern Ireland without unnecessary barriers in the way.

UK Shellfish Exports

Stephen Farry Excerpts

Monday 8th February 2021 Commons Chamber

[George Eustice]

We are doing everything possible to get the European Union to revisit the decision it appears to have taken and revert to its original interpretation of the law, which we believe to be right. We believe the approach it has taken is not consistent with EU law and is completely unjustified under either animal health or public health reasons. That is why we are working very hard to get the position changed.

[Stephen Farry (North Down) (Alliance) [V]]

The UK currently has a very basic trading regime with the EU with respect to food, akin to World Trade Organisation rules. Surely these problems with shellfish and other food exports point to the need for a UK-EU veterinary agreement, which could be negotiated through the sanitary and phytosanitary standards specialised committee. Does the Secretary of State recognise that such an agreement would go a long way to defusing many of the current tensions around the Northern Ireland protocol?

[George Eustice]

I very much agree with the point that the hon. Gentleman raises. Of course, during the negotiations, we made arguments to the European Union around equivalence—the fact that we could recognise each other’s equivalence and have more proportionate regimes. At that point, the EU was simply unwilling to entertain such a discussion, but it has veterinary agreements with countries such as New Zealand, with lower levels of inspection and simpler procedures to enable trade to continue. Of course, we very much hope that, now that the trade and co-operation agreement is in place, the EU will see fit to be much more pragmatic and proportionate in the measures it puts in place.

Environment Bill

Stephen Farry Excerpts

Report stage & Report stage: House of Commons
Tuesday 26th January 2021 Commons Chamber

[Liz Twist (Blaydon) (Lab)]

I am pleased to be able to speak to the Bill on Report. My constituency is a green and pleasant place, by and large, but we have seen our fair share of environmental damage and change, and we still endure landfill sites and the scars of our industrial heritage. Environmental issues of all kinds are hugely important to my constituents, including the schoolchildren I speak to, such as those at Birtley East Primary School, who told me that they had written to the Prime Minister, as they had to me, to persuade us that we must protect the environment for their sake.

I wish to comment on the group of amendments on oversight and environmental protection. The Bill is welcome, but we have to take the opportunity to make sure that it really hits the spot—that it has the strength to protect our environment locally and nationally and also contributes to environmental protection internationally and globally. From talking to many environmental organisations, it is clear to me that there is widespread agreement that we need to build stronger measures into the Bill. We need targets and we need to build in independence for the Office for Environmental Protection. Most of all, we need to see the Bill become law. It is sad that there is a delay, but we must see this Bill become law urgently, and certainly before COP26 in Glasgow.

I would like to speak briefly about new clause 9. This House has already declared a climate emergency, so it is right that the Bill really tackles that emergency in a consistent and ambitious way. New clause 9, as we have heard from previous speakers, provides that anyone with duties under the Bill must comply with an overarching environmental objective.

On amendment 23, we have already mentioned that the Office for Environmental Protection needs to be independent of Government. As others have said, clause 24, which was added by the Government in Committee, allows the Secretary of State to provide guidance. We really need that independence, so I hope the amendment will be supported.

On amendment 39, I am sure that most hon. Members, like me, have been flooded with representations on the granting of the licence to use neonicotinoids. It is right that we have proper scrutiny when such licences are granted. In fact, we should not be granting them at all. There are difficult decisions to be made on environmental issues, and we really need to step up and try to make them.

Finally, on amendment 25 on air quality, it is becoming more and more important that our air quality is a health and environmental issue, so I support this amendment. There is so much more that I would like to say on different parts of the Bill, but I do not have time today. I hope this debate today will help us to make those tough decisions.

[Stephen Farry (North Down) (Alliance) [V]]

I share with many others the frustration at the delay of this Bill, which started out long before other pieces of legislation, including some incredibly consequential Bills on Brexit that were rammed through with minimal scrutiny. I want to focus in particular on Government amendment 20 and, briefly, new clause 17, and I offer my support for other progressive amendments.

By way of context, arising from the protocol there is a greater ongoing requirement for Northern Ireland to remain aligned to the European Union. This is a good thing. However, governance needs to be considered separately from policy. It should go without saying that independence and an ability to prosecute effectively are critical to the Office for Environmental Protection, but that is not the case.

This Bill grants the Secretary of State in England and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland the power to issue guidance to the OEP on certain matters that must be included in the OEP’s enforcement policy. The Government claim that the new power does not grant the Secretary of State or DAERA any ability to intervene in decision making about civic or individual cases, and that the OEP does not have to act strictly in accordance with the guidance where it has clear reasons not to do so.

While technically correct, it is clear, especially in the context of all the other Government amendments, that the new power will have the effect of allocating Ministers a central role in shaping the basic principles of the watchdog and a severely constraining effect on the OEP’s ability to act independently. This power to provide guidance therefore inverts the intended hierarchy, in which the OEP oversees Ministers, in that it gives Ministers the role of overseeing the OEP. I do not believe that this role has been given sufficient scrutiny in Northern Ireland with respect to the role of DAERA.

I also want to stress that the Office for Environmental Protection is not the summit of environmental governance in Northern Ireland. The New Decade, New Approach agreement, which restored the Northern Ireland Executive this time last year, contained a commitment to an independent environmental protection agency. This will be different in its scope and role from the OEP, and the OEP should not be used as an excuse for not proceeding with an EPA.

Finally, I want to speak very briefly in support of new clause 17. The pandemic has laid bare the need for a new outlook on our economy and wider society. We need to look, therefore, at a new, more holistic and inclusive economic model, including more sophisticated economic objectives and indicators such as environmental regeneration, renewable energy and the UK’s impact overseas, alongside health, incomes, security, equality, inclusion, affordable housing and the wellbeing of future generations.

[Richard Thomson (Gordon) (SNP) [V]]

For all that hon. Members have said that this is a good and necessary Bill, devolution means that it will not have a huge impact on my constituents. The aspects of it that will have an impact have received legislative consent from the Scottish Parliament, which was an important step. More widely, legislative consent needs to be respected by the UK Government more often that just when it happens to suit them.

Amendments 43 and 44, in the names of my SNP and Plaid Cymru colleagues, will not be voted on, but the importance of the principles behind them remains. They would remove the exemptions for armed forces, defence and national security policy from the requirement to have due regard to the policy statement on environmental principles and environmental law. They would also remove the exemptions for tax, spending and the allocation of resources.

We know of the long-term problems caused by munitions dumped at Beaufort’s Dyke between Scotland and Northern Ireland, the impact that military research can have on the environment, the radioactivity on beaches in Fife and the long-term problems left by the decommissioning of nuclear-powered submarines. They have all left us with a literally toxic environmental legacy. Like decisions about taxation, spending and allocating resources, decisions about those matters cannot be divorced from their environmental impact, and the Government cannot be exempted from their wider responsibilities in those regards. This is not about subordinating security or decisions about the economy to the needs of the environment or vice versa; it is about ensuring that the wider policy considerations and responsibilities for the environment are given due regard at all times in the decision-making process.

It is important to recognise that the EU has some of the strongest environmental targets, laws and protections in the world, and our departure has put them under threat. As an EU member, the UK was forced to match those standards. Unlike the Scottish Parliament’s EU continuity Bill, this Bill sadly does not include any non-regression clauses in that regard. The promises of non-regression rely on the intent of this and future Governments to stand by that pledge. It would give me and a great many others much greater assurance about the Government’s good intentions if they were to allow the insertion of a non-regression principle into the Bill as it progresses through the other place.

EU Trade and Co-operation Agreement: Fishing Industry

Stephen Farry Excerpts

Thursday 14th January 2021 Commons Chamber

[George Eustice]

My right hon. Friend raises an important point, which is that while we have reached a quota sharing and access agreement for five and a half years, we do have the freedom to set our own regulations. We have already banned pulse trawling, and we are consulting on and will soon be bringing forward measures to further protect the Dogger Bank. We will continue to look for opportunities to use technical measures to enhance conservation in our waters.

[Stephen Farry (North Down) (Alliance) [V]]

I am grateful to the Secretary of State for his work to date on the particular fishing issues relating to Northern Ireland, but would he recognise that there are some outstanding matters, including a permanent commitment that Northern Ireland boats can land products in local ports without sanitary and phytosanitary or other checks, addressing the exclusion of Northern Ireland boats from all but two ports in the Republic of Ireland and ensuring that new quota allocations reflect the existing fixed quota allocation units?

[George Eustice]

Yes, there are some issues in Northern Ireland that we are working through. For the purposes of regulation, we have taken the position that Northern Ireland vessels should not require an SPS check or a catch certificate to land in their home port. Such an idea would clearly be ridiculous, so we are not requiring that, and we have agreed that with the Department of Agriculture, Environment and Rural Affairs. There are some remaining issues about the Northern Ireland protocol and some of the easements we have had on trade and what will replace them, and we are working closely with the Commission and with colleagues in DAERA to agree on that.

Agriculture Bill

Stephen Farry Excerpts

Report stage & Report stage: House of Commons
Wednesday 13th May 2020 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

We now go to Angus and Dave Doogan—[Interruption.] I beg your pardon. I am grateful to Members in the Chamber for correcting my mistake. We go to North Devon—[Interruption.] We go to North Down, and Stephen Farry.

[Stephen Farry (North Down) (Alliance)]

Thank you, Madam Deputy Speaker; that was an interesting tour of the UK—from Scotland to the south-west and finally to Northern Ireland.

I want to speak primarily to new clause 9 in my name and those of the hon. Members for Foyle (Colum Eastwood) and for Belfast South (Claire Hanna) and others; to new clause 1, of which I am a co-sponsor; and to new clauses 2, 6 and 10, which are very similar.

By way of context, I stress the importance of the agri-food sector to the Northern Ireland economy. It represents about 10% of all activity, which is considerably higher than the UK average. Furthermore, the profile of agriculture and associated industry in Northern Ireland is different from that of the UK as a whole; we have a much higher profile of smaller farmers in particular. The Northern Ireland sector is based around quality rather than scale, and standards are critical and are a matter of pride to all stakeholders.

I passionately believe in an open and liberal international trading system, and we had that with our membership of the European Union and its trade deals with the rest of the world. Trade cannot be conceptualised in simplistic terms or around outmoded 19th-century economic thinking. Environmental, food safety, animal welfare and labour issues are now all vital considerations.

It is also important to acknowledge the unique situation in which Northern Ireland finds itself from the implementation of the Ireland-Northern Ireland protocol. That is of course the inevitable out-working of Brexit and in particular the decision of the UK Government to rule out a softer Brexit based around the customs union and single market, and therefore the ongoing need to ensure an open border on the island of Ireland and protection of the Good Friday agreement. Northern Ireland will consequently remain aligned to large aspects of EU regulation. Furthermore, there is ongoing uncertainty as to how Northern Ireland will interact with EU trade policy and also UK trade policy going forward, with the risk of being marginalised in both respects. Obviously, in the all-Ireland context, matters such as food safety and environmental considerations need to be aligned.

On the substance of new clause 9, I acknowledge that post Brexit there is a need for an initial UK-wide framework to provide breathing space in policy and payments, but there is a sunset clause in the Bill for some measures applying to Wales, and Scotland has already indicated its intention to shape its own policy. This Bill was conceived and drafted prior to the New Decade, New Approach agreement and the welcome restoration of devolution in Northern Ireland, but there is no sunset clause for the application of schedule 6 to Northern Ireland. Northern Ireland is therefore out of step with other devolved nations, yet, paradoxically, it is Northern Ireland that needs the greatest scope to shape policy to fit its particular circumstances, not least given that protocol.

The Bill provides for the local Agriculture, Environment and Rural Affairs Minister to amend provisions by regulation, but most Members will appreciate the different processes and scope to enact them through primary legislation and regulation. Northern Ireland is at risk of losing the capacity of the much more rounded and participative process that comes from full legislative consideration. There is a broad range of farming and environmental stakeholders who deserve the opportunity to engage more fully in the development of policy.

In the Minister’s opening comments, she indicated that matters covered in new clause 9 were largely for the devolved AERA Minister. However, I have already explained the difference between action by regulation and by primary legislation. The hon. Member for Upper Bann (Carla Lockhart) stated that the local Minister was happy with the Bill and the Assembly had already passed a legislative consent motion, but that Minister was only one voice and his views are not representative of the majority of Members of the Northern Ireland Assembly. The LCM was passed by the Assembly in anticipation that it could still pass its own bespoke legislation, and, importantly, the agriculture and environment Committee in the Assembly has expressed its support for a sunset clause.

Any sunset clause would run to 2026, which would provide ample time for local measures to be put in place; there would therefore be no risk. It would be a strange thing if the Northern Ireland Assembly did not want to shape policy in an area of its own competence.

[Mr Marcus Fysh (Yeovil) (Con) [V]]

I support the Bill overall. I think it is great for agriculture. It is a landmark Bill, and I thank my local National Farmers Union and local farmers for the engagement I have had with them over many months now.

I do, however, want to speak against new clauses 1 and 2, for which some NFU representatives have been encouraging MPs to vote. While there are good intentions—clearly I want to do what I can to support and help create opportunities for farmers up and down the country, including in south Somerset—the new clauses would in fact be damaging to their long-term interests and the long-term interests of the country. I will say a few things about the reasons for that and address some of the things that my hon. Friend the Member for North Dorset (Simon Hoare) said. He said that he wanted us to be a beacon for standards around the world, and I agree with him, but I believe that we can champion higher standards much better if we are not a trade pariah, which we would be regarded as if we banned imports on a blanket basis, as the new clauses would effect. I am also, as is my hon. Friend, pro consumer safety, and it is important to understand that we will not be reducing import standards. We will have the Food Safety Agency to ensure that our products are safe and that our consumers are kept safe.

I am pro farmers’ opportunities, and we have a lot of scope to increase the work that the Government can do to help farmers to market their products and develop new innovative products. I understand that the Department for Environment, Food and Rural Affairs is looking at a new grant scheme to help with some of that. There are also the opportunities from trade itself, which are large. My hon. Friend said that he was pro food security, and I also support such a thing, but part of that is about having diversified supply chains, and that is exactly what would be damaged by the new clauses, which could effectively create a blanket ban on imports at the whim of the Government or of a food safety agency. I do not think that is in our interests either.

The bottom line is that we are not going to let standards slide, as the shadow Minister said was his fear. In fact, my right hon. Friend the Member for North Somerset (Dr Fox) made the point that our high standards are often a very good marketing feature for our export products around the rest of the world. Being able to do these deals around the rest of the world is critical. At the end of the day, the new clauses, if passed, would interfere with our ability to sign new trade deals and to roll over the existing ones that we have with the EU. It would put us outside of the scope of our WTO agreements, and we would be that trade pariah.

I will finish by saying a couple of things. My neighbour and hon. Friend the Member for Tiverton and Honiton (Neil Parish) said that he wanted lots of US exports. That simply would not happen under a trade deal, as he said he wanted, if the new clauses were agreed, because there would not be a trade deal.

Finally I want to address my hon. Friend the Member for Penrith and The Border (Dr Hudson). He had heartening faith in our trade negotiators, and I agree that we have some great trade negotiators who will fight hard for us and for our farmers. I will do what I can to aid the negotiators in that process of fighting for farmers, but I am afraid that however good they are, if the new clauses passed into law their ability would not make any difference; there would simply be no trade deals with any other nation. With that, I thank all the farmers of south Somerset for their support through this process.