Northern Ireland Protocol: Veterinary Agreement Debate

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Department: Department for Environment, Food and Rural Affairs

Northern Ireland Protocol: Veterinary Agreement

Tony Lloyd Excerpts
Wednesday 15th December 2021

(2 years, 4 months ago)

Westminster Hall
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Christina Rees Portrait Christina Rees (in the Chair)
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Before we begin, I remind Members that they are expected to wear face coverings when not speaking in the debate, in line with current Government guidance and that of the House of Commons Commission. I remind Members that they are asked by the House to have a covid lateral flow test twice a week if coming on to the parliamentary estate. This can be done either at the testing centre in the House, or at home. Please also give each other and members of staff space when seated, and when entering and leaving the room.

Tony Lloyd Portrait Tony Lloyd (Rochdale) (Lab)
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I beg to move,

That this House has considered the matter of securing a veterinary agreement in the Northern Ireland Protocol.

It is a genuine pleasure to serve under your auspices, Ms Rees, and I am delighted to speak on this really important issue.

I want to go back a little over two years and quote what the Prime Minister said when asked about form-filling as a result of the Johnson protocol, which he paraded as a triumph of his negotiating skills. He told the world:

“If somebody asks you to do that, tell them to ring up the Prime Minister and I will direct them to throw that form in the bin…There will be no forms, no checks, no barriers of any kind. You will have unfettered access.”

Two years have gone by. If it were two days, perhaps we would all say, “Let’s just wait and see.” If it were even two weeks or two months, we might say, “We’ll give the Prime Minister a chance to negotiate a solution.” But two years is outrageous.

This debate is not about the Johnson protocol, about which I know those hon. Members present have different views. I say to my friends in the Democratic Unionist party that the majority of people in Northern Ireland are in favour of the protocol, but I know that there are serious doubts about it. This debate is not about the protocol but about the operation of the protocol, an issue on which there is widespread agreement in Northern Ireland.

The situation in Northern Ireland at the moment is quite dangerous. It is building up tensions and concerns, and is possibly being manipulated to the extent that the loyalist community in particular fear for their future. That is why it is irresponsible that, two years on, we have no solution.

The sanitary and phytosanitary controls, which will come fully into operation at some point, are already having an impact, but it is important to acknowledge the very welcome grace periods for chilled meats and medicines. Lord Frost told the Lords last week that he expects those grace periods to continue at least until the end of the year and beyond if negotiations are constructive. Does the Minister expect the grace periods to continue? That really does matter.

Export health certificates have already come into operation for goods being transported from Great Britain to the European Union, and from GB to Northern Ireland. Aodhán Connolly, convenor of the Northern Ireland Business Brexit Working Group, told both the Northern Ireland Affairs Committee and the International Trade Committee that there is no food shortage—that has to be acknowledged—but that not everything is perfect. Big supermarkets in Northern Ireland usually stock between 40,000 to 50,000 lines; in the worst case there was a shortage of 600 lines, but in better cases the figure is in the tens. Therefore, there is no food shortage, but there are some specific shortages. A friend told me recently that she could not get flour or vanilla. Such things are important for some people, and we ought to acknowledge that there are shortages.

Of course, trade volumes are down. Earlier this year, pork sales from GB were down some 70%, and piglets were going to be slaughtered because farmers simply could not sell them on the open market. That was some time ago, but can the Minister provide an update on how trade has been affected. Even with the grace periods, and even though the export health certificates have come into operation only recently, the reality is that the volume of sales has gone down. I have heard very different estimates, so it would be helpful if the Minister could update us?

Under the SPS regime there is a need for forms and documents. Vets have to certify the fitness of animals, either live or slaughtered, and there is a certification process for food products as well. Vets also have to check the registration number of vehicles, to guarantee that they are the same ones that originally carried the food. We do not know exactly how that will work for GB to Northern Ireland. We do know, however, how it works for GB into the European Union, because at the port of Dublin there are physical checks on 4% to 5% of goods, and documentary checks on up to 30%. That is a major barrier to trade for GB producers.

The chief veterinary officer for Northern Ireland says that they need 27 vets to do the checking work that will now be required at the ports, but only half that number are available. There is a real question for the Minister about the number of vets available—not simply at the ports in Northern Ireland, but across GB—to ensure that GB producers can sell to Northern Ireland.

There is already a cost to us in Great Britain and to the EU, and this does not just apply to Northern Ireland. Welsh lamb and Scottish fishery products are also affected, as are the processed foods that the whole of Great Britain sells in considerable numbers. There are, however, real questions, which my Northern Ireland colleagues will want to hear addressed, about whether GB producers will consider it worth selling to Northern Ireland in particular. Supply chains already face challenges and the biggest issue is that of uncertainty. I do not know how much of an answer the Minister will be able to give us but, two years on, producers still have uncertainty hanging over them and are asking whether it is reasonable for them to sell to a relatively small market in Northern Ireland when the alternative is simply not to go through the hassle involved.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I thank the hon. Member for introducing the debate. The very point that he is making is one that is obvious to us. Certainly for my party, including my hon. Friend the Member for Upper Bann (Carla Lockhart), who is sitting here beside me, the problem is one not only of cost but of bureaucracy, and people are just turned off. In the past they had a simple system allowing them to bring stuff from the UK mainland to Northern Ireland, but suddenly there are all these difficulties. One quick example is the seeds sector for plants and flowers. If someone wants to buy a wee packet of seeds, there is an added £10 or £15 charge, which is ridiculous for a seed packet that costs about £2.50.

Tony Lloyd Portrait Tony Lloyd
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The hon. Member is absolutely right. It is possible to transport used farm equipment without the need for many checks, and yet a packet of seeds, which is produced in a controlled way, has to have that bureaucracy and those checks, so he is right to be concerned. The central point is that is the bureaucracy that is frustrating for businesses in Northern Ireland and Great Britain.

There is a question for the Minister about the uncertainty. Traders have told us that the trader support service is working well. I am sure that is true, but they also make the point that an education process is needed for producers in Great Britain. How far along are we in securing that process of public education?

As I have said, the damage is already here and now. The sheep industry in Northern Ireland, for example, faces scrapie controls, which means that it will be three years before some sheep farmers can sell their goods into the GB market. Cattle breeders also face uncertainty because of the new regulatory regime. That is not because they move cattle—generally they move fertilised products and suchlike—but because they cannot plan for the future. That is disastrous for the agricultural industry.

The chief executive of Lynas Foodservice, the biggest food processor in Northern Ireland, has pointed out that there are eight different bureaucratic processes to bring mozzarella from Great Britain into Northern Ireland. He estimates that it will cost the business some £50,000 a year to service that requirement. It can do that because it is big, but a small producer cannot compete with that, so supply is going to be a real issue.

The Conservative manifesto was clear—I hope there is still common ground on this—that there would be no

“compromise on our high environmental protection, animal welfare and food standards.”

I hope the Minister will repeat that commitment, because I know it is the mantra that the Government insist on. If that is true, it should be very easy for us to move towards an SPS veterinary agreement. The CBI has talked about the need for a

“bespoke, modern UK-EU Veterinary Agreement”,

specific for Northern Ireland within the context of the protocol. That is supported by Retail NI, the Ulster Farmers Union and every party represented in Stormont. Oddly, it is one of the things that everyone agrees on—as well as that there should be no amnesty for those who committed murder during the troubles. It would be a great unifier if it was not such a negative thing. We should be able to get that agreement.

The Secretary of State for the Department for Environment, Food and Rural Affairs said in February that the Government want to work on a veterinary agreement so that they can secure the flow of goods and improve the forms. Amen to that. The EU Vice-President told us that a veterinary agreement was “on the table”. Everybody is in favour of it, so what is stopping us? One thing that is stopping us—and the Minister has seen a way to address this—is the lack of trust and the lack of good faith that has been built up. The public diplomacy and rhetoric have been massively unhelpful. It is not something political or a shouting game, but that is what it has become. That has been very unhelpful and it has led to cynicism.

The Minister might want to say that the real ambition is to achieve a trade deal with the United States—not because that would compensate for the trade we have lost with the EU, but because it would allow the Prime Minister to stand up with the big banner headline and say, Donald Trump-style, “I have done a great trade deal”. That is not enough, however, if the price is lower food standards coming into our market, and it is certainly not enough if it prejudices our capacity to deliver a veterinary agreement that could make things easier. Ironically, even in the context of a US trade deal, President Biden has said that he sees no barrier to there being a veterinary agreement between the EU and the UK to protect the situation in Northern Ireland and the protocol.

There are two different models that we can look at. The first is probably a variation of the New Zealand deal, which I know is something that the Government have thought about. It has advantages. I have talked about between 4% and 5% of goods being subject to physical checks in Dublin. If the New Zealand example worked for us, that figure would go down to 2% and documentary checks would go from 30% to 10%. Those are still barriers, though, and the Minister should not underestimate that they would be real for businesses.

The other, much more attractive option is what the EU calls dynamic alignment. In actual fact, we are aligned at the moment. We have not moved our food standards, and nor has the EU. What people have talked about is the possibility of a temporary agreement, which could of course have a guillotine and could be terminated if we sign up to the Australian deal, the New Zealand deal or the comprehensive and progressive agreement for trans-pacific partnership. We could have a guillotine and move on, but let us have that temporary veterinary agreement, which would allow alignment and enable us to get rid of all the form-filling and other problems. That is the real thing we should play for. So, I ask the Minister, why not?

Well, to a degree we know why not—it is because Lord Frost has ruled it out, saying that he has grave doubts about how long it would take. Actually, that is nonsense—and I hope that the Minister in turn will also tell Lord Frost that it is nonsense—because it would take almost no time. It is the basis on which we were operating 12 months ago, and it would simply mean reverting to a reality already known to businesses in Northern Ireland, Great Britain and the EU.

If we can get this issue right, there is something enormous to be gained, because it would unlock not only the Northern Ireland protocol but the issues experienced GB businesses trading with the rest of the EU. That is something big and really important, and it would stop the erosion of trade.

My final point is that we need to move on to some form of trusted trader scheme. It ought to be easily achievable. It is not magic; it is a very easy thing to achieve. Of course it requires work but, two years on, that work should already have been done.

Perhaps what we really need is a trusted negotiator scheme, and perhaps that would not involve the current Prime Minister. That may sound trivial but this is a serious point, because as long as people play politics with this issue, they will get it wrong. If we can consider the needs of the people of Northern Ireland and the needs of businesses in both Great Britain and Northern Ireland, we can begin to come up with a real solution. It takes a little bit of imagination—not very much—but it takes a lot of political will, and that is what the Minister has to persuade us exists in the Government today.

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Claire Hanna Portrait Claire Hanna
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They are issues that flow from Brexit and from the trade and co-operation agreement voted through by a large majority in the sovereign Parliament of the UK. I did not support it. The hon. Member did not support it. But that was the settled arrangement.

Tony Lloyd Portrait Tony Lloyd
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Could the hon. Member remind us who negotiated the trade and co-operation agreement? Who put the protocol into it?

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Richard Thomson Portrait Richard Thomson (Gordon) (SNP)
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It is a pleasure to serve under your chairmanship, Ms Rees. I thank the hon. Member for Rochdale (Tony Lloyd) for securing the debate, and for the interest that he has shown. I see that the hon. Member for Strangford (Jim Shannon) is not with us at the moment, but I would like to also thank him for his generous tribute. I learned many things on my visit to Northern Ireland, and perhaps one of the most important ones was that, even though a Northern Ireland fishing boat is fishing just a few miles off the Scottish coast, by the time it has caught its haul of prawns and taken them back to Portavogie, it is a Portavogie prawn and has had its passport.

I also concur heartily with the hon. Member for Belfast South (Claire Hanna), who I also met when I was in Northern Ireland. Her constituency is many things. It is very beautiful, in parts, but it is certainly not an agricultural constituency—I certainly did not run out of fingers and toes counting all of the tractors I saw on the Malone Road of a morning.

The very simple reason we are here is because of another one of those familiar three-word slogans, which are so beloved by the Prime Minister: “Get Brexit done”. Of course, what he could not admit at the time was that his particular manner of choosing to get Brexit done would create a trade and regulatory border right down the Irish sea. Those frictions, which are already there, are only set to increase when the UK has to begin enforcing sanitary and phytosanitary checks on imports to GB from the EU and Northern Ireland.

As the hon. Member for Belfast South said, quite accurately, that is happening as a result of the negotiating objectives that Her Majesty’s Government had at the time. The only rationale I can think of for having those objectives was the need to keep options open about the level at which we were willing to impose animal welfare and food standards, in order to open up the possibility of trade deals with other jurisdictions. I know that the hon. Member for Upper Bann (Carla Lockhart), who made a couple of very telling interventions earlier, has to be on her way to get back home now. If she were still in the Chamber I would have said to her that, for all the issues around the Northern Ireland protocol, the terms on which the UK as a whole has left the European Union do not work for agricultural producers across the UK either. They certainly do not work for my constituents, and I represent a highly agricultural constituency in the north-east of Scotland. Simply put, the terms that we have agreed to are not working for us either.

While I take a keen interest in Northern Irish politics, I do not take any sides. Let me say that I do understand, I hope, and can sympathise with those in Northern Ireland who feel that they have been distanced or separated from Great Britain as a result of the manner in which we left the European Union. Although I am very clear that a protocol is required, it does not need to be on the terms of the current protocol; if we are going to renegotiate the terms of whatever protocol is there, it has to be done in a constructive way that keeps in mind the objectives of all parts of our jurisdiction. I understand the importance of having seamless trade east to west, as well as north to south, on the island of Ireland. However, we cannot get away from the fact that the very reason that we no longer have that is a function of the choices made by the UK Government.

Tony Lloyd Portrait Tony Lloyd
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I am following the hon. Member’s speech very carefully. When he talks about the renegotiation of the protocol, even if that is desirable that will probably be a very long-term effort. Would he agree that what would be easier for his own constituents would be a SPS agreement that would allow GB trade from Scotland, England and Wales into the EU, and, of course, from GB into Northern Ireland? That is easy to achieve.

Richard Thomson Portrait Richard Thomson
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I agree with the hon. Member’s intervention, and if he will allow me, I will go on to develop some of the many reasons why I believe that to be the case. We should be looking for the most pragmatic solutions in the short term to minimise those self-inflicted obstacles that we now have to trade between Northern Ireland and Great Britain, Great Britain and Northern Ireland, and also between Great Britain and the European Union.

Businesses have been calling for a veterinary agreement for as long as the Brexit deal has been in place; it is now more important than ever that we get one. Before I was elected to this place I was a local authority councillor. One thing that we had blinking aggressively on our radar was that if there was a no-deal Brexit or something like that, the sheer amount of pressure that would be put our environmental health officers and local vets to try and provide export health certificates to be able to certify goods that were of an appropriate standard for export would be huge. We could not just wave a magic wand a create these environmental health officers overnight. They need a bachelor of science degree, I understand, which takes at least three years, and then they need two years of practical experience on the job. It takes five years from when someone walks through the doors of whatever institution they are studying at until they can sign off their first consignment of fish from Peterhead market. We were very worried about that, and those fears have not gone away.

I find it very difficult to disagree with James Withers, the chief executive of Scotland Food and Drink, when he said at the UK Trade and Business Commission’s session on the UK-EU TCA:

“A veterinary agreement is the single most important step that could be taken to improve exports to the EU, red meat and seafood, two of our most important animal product exports, are caught in a tsunami of bureaucracy and paperwork.”

Let us consider some of the evidence. For a dairy in Galloway in the south-west of Scotland—famed rightly for the quality of its agricultural produce, particularly in the dairy sector—it is easier to export a shipping container of ice cream to South Korea than it is to send a block of cheese across to Northern Ireland to somebody who wishes to buy it. Our food and drink exports to the EU were down 16% at the start of the year, and over the first half of the year they dropped by almost half. Filling out the additional forms that are required takes hours every morning, and businesses are incurring tens of thousands of pounds in additional costs to ensure that they comply with them. Some businesses need to hire customs agents that they did not before.

Adding to the delays are problems with the documentation, which is obviously very complex and takes a long time to fill out. If someone gets something wrong, it banjaxes the whole thing. Sometimes they need to fill out up to 80 pages of documentation compared with the one-page delivery note and invoice that went with shipping pre Brexit. We have heard the saga of seed potatoes. I have some seed potato growers in my constituency. Their standards were already the highest in the world, and they have not diminished, but because the UK is not prepared to sign up to the same level of obligation and standards, they are virtually unable to export to what were always their most productive markets, even though those markets are desperate for the disease-free quality that those potatoes can bring.

If there is an area crying out for pragmatism it is that multi-million pound trade. Europe needs our Scottish seed potatoes—we have always exported them—as does Ireland. There is a reason our producers did not take up the opportunity to export east of Aden despite being encouraged to do so: it is because it is so difficult to do that. They have had a ready market taken away from them. All it requires is a pragmatic realignment, which will once again allow that world-leading industry to get on with doing what it does best. Part of the problem will go away with an agreement on sanitary and phytosanitary standards. Such an agreement has widespread support. Back in June, the CBI was calling on both sides to negotiate a bespoke veterinary agreement, saying that it would end the friction that Brexit has caused, particularly to the food, drink and agri sector. The EU is clearly willing to sign up to such a deal; it has been signalling as far back as February that it would be open to signing that kind of bilateral deal with the UK.

I will cite a couple of business voices on how the matter is perceived in Northern Ireland. Richard Gray of the Carson McDowell law firm said that not one business has raised concerns about the jurisdiction of the European Court of Justice or its role as the court of ultimate appeal under the Northern Ireland protocol; nor have any business organisations raised that issue on behalf of clients. Stephen Kelly, the chief executive of Manufacturing Northern Ireland, which represents 5,500 Northern Irish firms, has likewise said that not one of the businesses represented by it has raised issues with the ECJ position. He said:

“Everyone knows a treaty needs legal backup. There have been border problems with the rest of the UK”

but the ECJ is

“nothing but a Brexit purity issue”.

Again, I find that hard to disagree with.

I am sure that the noble Lord Frost has many estimable qualities, but as a negotiator he strikes me as the sort of person who seems to like to pour oil on troubled waters only to set fire to it later, when it suits his purposes to do so. The UK Government should look for pragmatic agreements, and focus on reaching agreements with the EU in this area. It is not just the UK that now has sovereignty; the EU has the sovereignty that it has always had, and nobody’s sovereignty should trump anyone else’s. It should be a pragmatic negotiation to achieve the best outcomes that we can.

The UK Government should focus on reaching the kind of agreement that businesses and the food industry are calling for, rather than focusing on artificial grievances that seem to be peripheral at best to the concerns of most people. The Government have a choice between ideological purity, and the accompanying impoverishment that it will cause for our businesses opportunities, or pragmatism. I dearly hope that the Minister will indicate that pragmatism is winning that battle.

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Victoria Prentis Portrait Victoria Prentis
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Dynamic alignment is not acceptable to this Government. The difficulty is that we are already starting to see some divergence. The hon. Member for Cambridge and I took part—oh, no, the hon. Gentleman was not there. One of his colleagues took part in an excellent debate earlier this week on getting rid of the VI-1 certification form for wine certification, which is an issue I have discussed with the hon. Gentleman on many occasions in the past.

We are in a position where our laws—not our standards, but our laws—have started to diverge from those of the EU. What we need to achieve, because of that, is an agreement that recognises the equivalence of mutual high standards, facilitates trade, reduces bureaucracy and maintains our regulatory autonomy. The VI-1 certification is just one of a very small number of issues on which we are starting to diverge. We need to start from where we are.

Tony Lloyd Portrait Tony Lloyd
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Will the Minister give way?

Victoria Prentis Portrait Victoria Prentis
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I was going to leave time for the hon. Gentleman to respond at the end of the debate, if that is all right. I have a great deal to get through.

Tony Lloyd Portrait Tony Lloyd
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I would like to intervene at this point.

Victoria Prentis Portrait Victoria Prentis
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All right, as it is Christmas.

Tony Lloyd Portrait Tony Lloyd
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My dear deceased friend, Gerald Kaufman, once said, “Never kick a man until he’s down.” I appreciate that it is unfair to be kicking the Prime Minister at the moment of his maximum weakness—the Minister might not want to comment on that. But, seriously, is changing the VI-1 certification worth all the problems that we have heard about today? This is so trivial that I hope the Minister will say, “It isn’t worth it.”

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

Of course all of this is not worth it for VI-1. I merely mentioned the VI-1 certification as one very small example of changes that have been made in recent days. It popped into my head because we have been able to achieve that through a statutory instrument that was passed earlier this week. The point is that we need to achieve an agreement that recognises equivalence of standards. We do intend to diverge from EU regulations in ways that we probably have not even thought of yet.

I can give a few more current examples. There are some more onerous organics regulations that the EU is bringing in early in the new year, which we do not intend to copy. There is a position on gene editing, for example, where we as a nation are extremely keen to forge ahead and look at how that could help with our plant breeding, and the EU is somewhat behind us. There are probably many other examples where we need to achieve an agreement that recognises equivalence of standards, not necessarily complete alignment.

We continue to discuss the Northern Ireland protocol with the EU. We published our proposals in July, as the hon. Gentleman knows. In response, the EU published a series of papers in October. Its suggestions were to do with simplified certification and reduced checks for retail goods, which are designed only for sale to end consumers in Northern Ireland. Our analysis and wide engagement with the industry and consumers in Northern Ireland throws into question the level of actual simplification achieved by the EU Commission’s proposals.

To give certainty and stability to businesses while the discussions continue, the Government have announced that they will maintain the grace periods—the standstill arrangements—and continue to operate the protocol on the current basis. This will include extending the grace periods and easements that are currently in force. The aim is to provide a clear basis on which businesses and citizens can operate while we wait for the discussions to conclude.

We really welcome the EU’s recognition that there are serious problems that cannot be solved simply through the full implementation of the protocol. That was very much a change of position for the EU. We do not, however, think its proposals provide the solution. For example, they do not eliminate even one customs declaration. The 50% reduction in declarations that the EU Commission briefed to the media is actually a 50% reduction in the number of fields in the declaration, with the most burdensome ones still remaining and every movement still requiring an individual declaration.

There are still substantial gaps between our two positions. The proposals do not free up goods movements between GB and NI to the extent necessary for a long-term solution. Nor do they engage with the changes needed in other areas, such as subsidy policy, VAT and governance of the protocol, including the role of the Court of Justice. We still think the gaps can be bridged through further intensive discussions, and those are going on today, probably as we speak. Our preference is still to find a consensual solution that protects the Belfast/Good Friday agreement and the everyday lives of people in Northern Ireland.

In order to make progress it is important that the discussions continue with energy and impetus. There are real difficulties, some of which we have heard about today. More than half the food moving from GB to NI currently benefits from easements, as we have also heard. When we started this in January we hoped that it was a temporary solution for GB to NI movements, and it should have opened the door for a more long-term solution. The EU’s paper does not provide for that. Owing to the additional certification required, movements of chilled meats between GB and NI declined by 95% between January and July this year.

As we have heard, there is a complete prohibition on moving seed potatoes from Scotland to Northern Ireland, as well as on some traditional varieties of GB trees, as we heard from the hon. Member for Upper Bann (Carla Lockhart). Under the protocol, moving livestock and pets to and from Northern Ireland requires additional, unnecessary and costly certification and border checks. Our Command Paper proposal puts forward a simple and effective solution to all of these. The EU’s paper on SPS sees minimal movement from the full protocol requirements, and we hope that the EU will be able to move. That said, the EU’s proposals show that what had previously been considered impossible by the EU has become possible: the EU has accepted reduced checks and global certification for retail goods, for example. The proposals demonstrate that the EU is able to move beyond a rigid application of single market rules towards bespoke arrangements for Northern Ireland. We welcome this creativity and flexibility, which show that, with ambition and imagination, we will find a solution.

The article 16 safeguards in the protocol are provided to deal with a situation in which the protocol ceases to support the Belfast/Good Friday agreement. We must always bear that in mind, but we have, I emphasise, put forward a package that is capable of doing the job. It is ambitious because the problems are significant, but it is a genuine attempt to solve the problems, and we are genuinely, and with real enthusiasm, taking part in the discussions.

Unfortunately, the EU banned the import of seed potatoes from GB at the end of last year. We believe that equivalence is the answer here, but in the committee session in September, the EU reaffirmed its position that dynamic alignment is needed between the UK and the EU for equivalence to be agreed. Given that our regime already aligns substantially with the EU’s, we continue to challenge the Commission to reconsider its position. We are very keen to resolve this.

The hon. Member for Strangford mentioned cattle movements to shows and sales. The Government have negotiated new rules with the EU that provide for NI livestock to move into GB and return to NI within 15 days if they are not sold at a sale, without needing to serve residency periods. That is significant.

On borders, for agrifood products, the Command Paper proposal would operate through the same internal UK trade scheme proposed for customs. The full SPS requirements of EU law would be applied for goods going to the Republic, and the UK would undertake to enforce them. There would also still be the means to apply risk-based controls on consignments as they move into NI, but there would be no need for numerous certificates and checks for individual items that are intended only for consumption in NI.

Live animals pose a different order of risk and require a specific approach. As has been said, that was recognised in national rules before the UK left the EU: all movements, including internal UK movements, were pre-notified, accompanied by health documentation and subject to checks. We would propose, broadly, to maintain these arrangements in this model. Similarly, recognising the potential biosecurity risk posed by certain plants and plant products, there should be an appropriate regime for these movements that does not obstruct the movement of standard products, such as seeds and plants for garden centres or personal use.

To conclude, technical discussions with the European Commission continue. They have intensified over recent weeks as the reality of what businesses in GB face and the impact of trade diversion on businesses and consumers in NI have been fully realised. Our preferred solution remains, as July’s Command Paper states, to have proposals that work for all parts of the supply chain and all products. If an SPS agreement is required to support the aims of the Command Paper, we are ready to engage with the Commission on this—absolutely.

It has been a delight to serve under your chairmanship today, Ms Rees, and I wish all hon. Members who have taken part in this broadly good-humoured debate a very merry Christmas.

Tony Lloyd Portrait Tony Lloyd
- Hansard - -

I thank hon. Members who have taken part in the debate. The hon. Member for Strangford (Jim Shannon) has enormous experience of the situation in Northern Ireland, and both he and the hon. Member for Upper Bann (Carla Lockhart) made valid points about the disruptive effect from the failure of both the EU and the UK Government to properly negotiate an arrangement that made sense. My hon. Friend the Member for Belfast South (Claire Hanna), in her forthright style, made her views clear on the same problem while recognising, as we all must, that the situation is fraught with a danger that goes beyond the narrowness of a veterinary agreement and to the real sensitivities of people on both sides of the conversation in the north of Ireland. This issue is therefore both serious and urgent.

The hon. Member for Gordon (Richard Thomson), on behalf of the SNP, and my hon. Friend the Member for Cambridge (Daniel Zeichner), on behalf of the Labour party, made similar points. Actually, there is enormous agreement among hon. Members. As I said to the Minister, at Christmas time, she may have gone into the stable in Bethlehem filled with straw and drawn the short straw in having to respond to the debate. Nevertheless—I say this kindly—while she gave a technically interesting answer, yes, some of the people at fault are in Brussels, but some are most certainly just down the road in Downing Street, possibly including the noble Lord Frost. The reality is that only a bumbling negotiator would end up in a situation without a plan for alignment of sanitary and phytosanitary products.

The Minister repeated Lord Frost’s words about dynamic alignment, but the marginal changes that we have made in the short run were not worth causing so much damage to the economy of Great Britain and the economy of Northern Ireland. As the hon. Member for Gordon said, it is not just about Northern Ireland; it is also about the ability of Scottish, English and Welsh agrifood and agribusiness to export not simply to Northern Ireland but to the whole of the EU. Failure to create such alignment is bumbling beyond belief. We do not need dynamic alignment; we simply needed to maintain the status quo until proper arrangements were made, and that is the Prime Minister’s failure. As I said, never kick a man until he is down. This Prime Minister is well down, and he most certainly deserves a good kicking for his failure on this important issue.

Question put and agreed to.

Resolved,

That this House has considered the matter of securing a veterinary agreement in the Northern Ireland Protocol.