My Lords, these instruments relate to biosecurity in Northern Ireland. Given their interconnection and for the convenience of your Lordships, they have been grouped together to enable co-ordinated scrutiny. They relate to trade in animals and related products, plant health, seeds and potatoes, and extend to Northern Ireland only.
The first two instruments, relating to trade and plant health, are among a small number of measures that have been made under the urgent procedure. Due to the importance of having them in place for exit—initially, 29 March and then 12 April—the timeframe did not permit us to lay them via the normal route. It was of the utmost importance that we were in a position to assure the European Commission that we had a complete statute book in advance of its consideration of the UK’s application for third-country listed status in the event of exit.
The third instrument, the Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019, was debated in the House of Commons on 23 April under the affirmative procedure. As it does not contain legislative amendments that would be critically needed to be in operation on exit day, it has not been subject to the urgent procedure.
These three statutory instruments largely mirror the amendments contained in instruments amending the corresponding legislation for Great Britain, which have
already been considered by your Lordships. As with those instruments, the amendments presented today are technical and designed to ensure continued operability of legislation.
On checks on imports from the EU, these instruments do not introduce any change of policy and, in particular, do not impose any additional regulatory controls on imports from the EU, including those entering Northern Ireland from the Republic of Ireland. Importantly, they recognise that biosecurity risks associated with animals, animal products, plants and plant products from the EU will not change immediately on exit. They do not introduce any checks on the Northern Ireland border.
However, to ensure compliance with international obligations, the relevant instrument provides for some operational changes to the import arrangements for regulated plant and plant product materials. In essence, this would mean that the need for an EU passport for these regulated commodities would be replaced with the relevant certificate required under international law. As such, it is not expected that this would place an additional burden on industry. Controls on plants and plant products moving into Northern Ireland from the EU that do not currently require an EU plant passport would not change.
On checks on direct imports from non-EU countries, the same rigorous import controls that are currently applied in respect of animals, plants and associated products which enter Northern Ireland directly from a country outside the EU will continue.
On checks on imports from non-EU countries that transit the EU, all three instruments provide that there is no gap in controls in relation to animals, animal products, and plant and plant products that would present a risk to Northern Ireland’s biosecurity. The instruments debated do not—I emphasise “not”—in any way adversely impinge on the established partnership arrangements on animal and plant health matters on the island of Ireland, which is recognised as a single epidemiological unit. The noble Baronesses, Lady Jones of Whitchurch, Lady Bakewell and Lady Parminter, and I have all been fortunate enough to have exchanges with Northern Ireland officials from DAERA. I can safely say that they are clear that these measures are needed in terms of Northern Ireland’s responsibilities for the whole island.
The Trade in Animals and Related Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 amend Northern Ireland legislation relating to imports, transit through the EU of live animals, including horses, animal products, reproductive material used for animal breeding and bees. They also amend legislation regarding the movement of pet animals, which is clearly an important issue in Northern Ireland given the land border.
The instrument makes necessary technical corrections to the Trade in Animals and Related Products Regulations (Northern Ireland) 2011, a key piece of Northern Ireland legislation that sets out requirements for trade in live animals and genetic material with the EU and imports of animals and animal products from outside the EU. This instrument makes no policy changes to the 2011 regulations. It makes technical changes:
for example, it replaces references to “EU” with references to “UK” and “legislation of the EU” with “retained EU law” where appropriate. It also removes provisions which would be inappropriate to retain following exit without an agreement. These include references to the tripartite agreement on movements of horses, which will cease to have effect here on exit, and provisions which stipulate EU requirements for the intra-Community movement of animals and genetic material and provide for the automatic circulation in the UK of animals and products that have cleared EU border inspection posts. It also provides for the transfer of the power to approve border inspection posts in Northern Ireland from the European Commission to Northern Ireland’s Department of Agriculture, Environment and Rural Affairs. This is achieved by amending the existing definition of a border inspection post in the 2011 regulations. Overall, this instrument ensures that the veterinary controls and other import conditions that the 2011 regulations provide can continue to operate with the necessary protections for animal and public health.
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Furthermore, this instrument makes the changes needed to ensure the operability of two pieces of legislation that regulate the non-commercial movement of pet animals into Northern Ireland. These include amendments to the term “another Member state” and the removal of a provision which expressly provides that representatives of the European Commission can attend DAERA inspections. It also ensures that UK air carriers, as well as Union carriers, can land recognised assistance dogs following exit. This instrument also provides the necessary technical corrections to other Northern Ireland trade-related legislation which addresses references to terms such as “another Member state” and “intra-Community” or “intra-area trade”.
I now turn to the Plant Health (Amendment) (EU Exit) (Northern Ireland) Regulations 2019. This instrument provides for some operational changes for businesses arising from the importation of third-country goods transiting the EU. They are necessary to ensure that biosecurity is maintained. First, regulated plant material currently entering Northern Ireland from the EU requires an EU plant passport. The instrument will replace this after exit with a phytosanitary certificate issued by the official national plant protection organisation, in line with international obligations. Therefore, this does not place an additional burden on businesses. These consignments must be pre-notified to the relevant plant health authority. For direct imports into Northern Ireland, importers must register with the UK plant health authority responsible for the point of entry.
In order to maintain the flow of goods, this regulated plant material from the EU will not be subject to checks at the border. However, remote documentary checks will be undertaken in alignment with UK plant health authorities. Secondly, direct imports of plants and plant products from non-EU countries that transit through the EU and have not been checked and cleared in the EU will require statutory three days’ pre-notification to DAERA as well as documentary checks and inspections at approved places of inspection within Northern Ireland. This instrument also extends the application
of an existing offence to non-compliance with the additional operational import requirements that will arise should the UK leave without an agreement.
I now turn to the Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019. This instrument amends five pieces of Northern Ireland legislation. First, it makes minor and technical operability changes to three pieces of legislation relating to the control of salmonella in poultry, broilers and turkeys. Secondly, it amends beef and veal labelling-related legislation to ensure operability following exit. Thirdly, it amends EU references in the Seed Potato Regulations (Northern Ireland) 2016 and provides for a one-year interim period during which EU seed potatoes will continue to be recognised for production and marketing in Northern Ireland to ensure continuity of supplies of seed potatoes.
Biosecurity and trade are of significant importance to Northern Ireland and the wider UK economy. While operating within a UK framework, biosecurity in plant and animal health will remain essential to the recognition of the island of Ireland as a single epidemiological unit. This will continue to secure the vital close co-operation between Northern Ireland and Republic of Ireland officials on a wide range of trade, disease and biosecurity matters.
I have been privileged to attend and chair some of the British-Irish Council meetings set up as part of the Good Friday arrangements, where the Republic of Ireland, Northern Ireland, the three other parts of the United Kingdom, the Isle of Man, Jersey and Guernsey all meet to discuss these matters, biosecurity, invasive species and their impacts—in fact, for the heightened recognition of the latter, Invasive Species week will be taking place across all those countries and jurisdictions. I thought it important to conclude these remarks on that, as Defra is undertaking these regulations on behalf of Northern Ireland because of the lack of an Executive there. It is important to record firmly that this is an area where there is established and continuing close collaboration. I beg to move.