Let me turn first to the points made by the shadow Minister. He highlighted the use in the explanatory memorandum of the term “fixes”, which he even put in quotes marks. In DEFRA, we like to fix things that are broken, and the truth is that in this case, as in many other cases, it was always recognised that
simply to bring across retained EU law would require changes for the purposes of operability. The types of fixes that are commonplace throughout this instrument and all the others simply replace the words “European Union” with “UK” or replace the European Commission as the competent authority with the relevant authority in the UK or with the Secretary of State.
The shadow Minister mentioned the issue of export refunds for dairy, which links to a point that was made by the hon. Member for Strangford (Jim Shannon). Let me say that, when it comes to these export refunds, we are simply deleting provisions that have already disappeared from EU law, so we are revoking something that became redundant and obsolete anyway under EU law in—I think—2007.
EU thinking on export refunds has evolved in recent years. There is a general consensus that they can be used only in extreme circumstances—when there is a particular crisis—and there are other provisions in law to enable that to happen. Therefore, they would not be able to be used anyway, because the other associated legislation that would enable us to do that does not exist, so this measure is really little more than a good housekeeping measure.
The point raised by the hon. Member for Strangford goes somewhat beyond the scope of the measure, but I will touch on it briefly. Let me reassure him that the Government are absolutely fully aware of the problems that the Northern Ireland dairy industry in particular could experience in a no-deal scenario. It is the case that it exports around 30% of its liquid milk to be processed in Ireland. That would be a problem if there were a requirement for export health certificates, or, indeed, if full tariffs were applied. It would also be a problem for those cheese processers in the Irish Republic, who would no longer have their supply of milk. Obviously, we hope that this is something that can be resolved through negotiation, but I can reassure him that we are working very closely with DAERA in Northern Ireland to identify all sorts of contingency arrangements and interventions that we would instigate if they were required.