Draft Plant Health, Seeds, Seed Potatoes and Plant Propagating Material (Amendment) (Northern Ireland) Regulations 2026

Stephen Morgan Excerpts

Wednesday 2nd September 2026 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Stephen Morgan)]

I beg to move,

That the Committee has considered the draft Plant Health, Seeds, Seed Potatoes and Plant Propagating Material (Amendment) (Northern Ireland) Regulations 2026.

It is a pleasure to serve with you in the Chair, Sir Alec. This draft instrument was laid before the House on 22 June. It applies to Northern Ireland only and was developed in close collaboration with the Department of Agriculture, Environment and Rural Affairs. It is a necessary measure to update Northern Ireland’s domestic legislation and enforcement provisions relating to plant health, ensuring the continued protection of Northern Ireland’s biosecurity and fulfilment of the Windsor framework obligations. As Members will be aware, under the terms of the Windsor framework, limited parts of European Union law falling under annex 2 of the framework continue to apply to Northern Ireland. They include the movement of goods, agrifood standards and animal and plant health.

The draft instrument makes no changes to the Windsor framework. It amends six pieces of Northern Ireland legislation covering plant health, seeds, seed potatoes and plant propagating material. The amendments are technical in nature and ensure that Northern Ireland’s domestic legislation remains clear, operable and aligned with requirements that already apply there under the Windsor agreement and framework. These legislative frameworks govern matters such as plant varieties, documentation requirements, traceability and plant health quality standards for fruit, vegetables, propagating material, forest reproductive materials and seed potatoes. They help to protect growers, traders and consumers by setting standards for products placed on the market and by ensuring that plant material can be traced and verified.

The draft instrument updates outdated references throughout the legislation, including references related to Northern Ireland, Great Britain and EU member states, following the UK’s exit from the European Union. It also reflects relevant EU plant health legislation that is already directly applicable to Northern Ireland, including provisions related to regulated pests, diseases and reporting requirements.

The draft instrument also strengthens the domestic enforcement framework by ensuring that DAERA has clear powers to take proportionate action where plant health requirements are not met. While the requirements already apply to Northern Ireland, the draft instrument ensures that they can be fully enforced where necessary, including through penalties and prosecution in cases of serious non-compliance. That is important in protecting Northern Ireland’s biosecurity and maintaining a level playing field for businesses that comply with the rules.

Members will be aware that the Windsor framework restored the movement of seed potatoes from Great Britain to Northern Ireland, supporting growers and businesses across the sector. The draft instrument helps the legislative framework governing seed potatoes, alongside the other plant health controls, to remain effective and enforceable.

Importantly, the draft instrument does not introduce new requirements for businesses. It ensures that domestic legislation accurately reflects arrangements that are already in operation and supports Northern Ireland’s high standards of plant health and biosecurity. No formal public consultation was undertaken on the draft instrument because it introduces no new policy requirements. However, DAERA and the Department for Environment, Food and Rural Affairs have engaged extensively with stakeholders on the wider plant health arrangements operating under the Windsor framework.

I emphasise that it is essential that the amendments in the draft instrument update the Northern Ireland statute book and enable effective compliance with plant health requirements to uphold our commitment to full and faithful implementation of the Windsor framework. The draft instrument does not alter the Windsor framework, nor does it introduce new policy requirements. Its purpose is to ensure that Northern Ireland’s domestic legislation remains accurate, operable and capable of enforcing requirements that already apply. This is a technical but important measure. It updates Northern Ireland’s statute book, strengthens biosecurity protections, supports effective enforcement and introduces no new requirements for businesses. I therefore commend the regulations to the House.

--- Later in debate ---

[Stephen Morgan]

I thank the shadow Minister for his contribution and his constructive engagement on these matters, and all Members who have shared their insights and views.

The shadow Minister noted that there has been no public consultation on this instrument because there is no legal duty to do so. However, DAERA has worked closely with DEFRA to engage with relevant stakeholders on the wider plant health requirements under the Windsor framework, including through the relevant working groups and, I can assure him, through engagement with the Ulster Farmers Union. There is ongoing engagement with relevant stakeholders, and strong relationships are in place.

The shadow Minister asked about the impact on trade. I assure all Members that the instrument introduces no new requirements for traders and will not have any impact on trade.

[Jim Allister]

Will the Minister give way?

[Stephen Morgan]

I will make some progress.

A number of Members made broader points about constitutional matters. I appreciate the strength of feeling on the wider constitutional issues, but I assure all Members that the instrument respects Northern Ireland’s integral position as part of the United Kingdom. It is a UK-made and UK-scrutinised piece of legislation, operating within the scope of the UK’s international commitment to introducing and applying domestic legislation to Northern Ireland. It upholds the UK Government’s commitment to implementing the Windsor framework. The Windsor framework is the legal framework currently in force, and this instrument operates within it. That is a clear improvement on the Northern Ireland protocol and the best workable solution to Northern Ireland’s unique circumstances in the long term.

Let me turn back to the specifics of the statutory instrument. It serves only to update Northern Ireland’s plant health legislation to ensure that it is clear, operable and accurate. That not only gives clarity to DAERA in the vital roles that it delivers in protecting Northern Ireland’s biosecurity, but gives clarity and stability to Northern Ireland stakeholders, ensuring that all parties play their part in doing what is necessary to maintain plant health in Northern Ireland.

By ensuring that the requirements of this instrument are correct and clear, we ensure that there are no legislative gaps or room for confusion in dealing with the complex plant health environment, thus contributing to safeguarding Northern Ireland’s trade and economic success in the agri-food, horticultural and forestry and woodland sectors. The instrument will ensure that the United Kingdom meets its international obligations under the Windsor framework, and will serve to ensure that high biosecurity standards for Northern Ireland are observed for years to come. I commend the regulations to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Plant Health, Seeds, Seed Potatoes and Plant Propagating Material (Amendment) (Northern Ireland) Regulations 2026.