Trade in Animals and Related Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 — House of Lords, 2019-05-13
Topic: Foreign Trade
John Eric Gardiner (Conservative, Centre-right): 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.