Seventh Delegated Legislation Committee
Wednesday 2nd September 2026
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16:29
16:29
16:30
Speaker 3
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Speaker 3
Thank you chair. It's a pleasure to serve with you in the chair, Sir Alec and I beg to move that the House approves the plant health seeds, seed potatoes and Plant Propagating Material Amendment northern Ireland Regulations 2026, which were laid before this House on the 22nd of June. Sir Alec. This instrument applies to Northern Ireland only and has been developed in close collaboration with the Department for agriculture, Environment and Rural Affairs, Daera.
This 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 two of the framework continue to apply to Northern Ireland now. These include the movement of goods, agri food standards and animal plant health, and this instrument makes no changes to the Windsor framework.
This instrument amends six pieces of Northern Ireland legislation covering plant health seeds, seed potatoes and plant propagating material, and 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 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 The instrument updates outdated references throughout the legislation, including references related to Northern Ireland, Great Britain and EU member states. Following the EU's exit 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.
It also strengthens the domestic enforcement framework by ensuring that Dera has clear powers to take proportionate action where plant health requirements are not met. While the requirements already apply to Northern Ireland, this 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. Now, 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.
This instrument helps that the legislative framework governing seed potatoes, alongside the other plant health controls remains effective and enforceable. Importantly, these amendments do not introduce new requirements for businesses. They ensure 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 this instrument because it introduces no new policy requirements.
However, Dera and Defra have engaged extensively with stakeholders on the wider plant health arrangements operating under the Windsor Framework Chair. In conclusion, let me emphasise that this is essential that these amendments in this 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. This 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. So, chair, this is a technical but important measure. It updates Northern Ireland statute book, strengthens biosecurity protections, supports effective enforcement and introduces new requirements for businesses. No. Sorry. And introduces no new requirements for businesses. I therefore commend the regulations to the House.
This 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 two of the framework continue to apply to Northern Ireland now. These include the movement of goods, agri food standards and animal plant health, and this instrument makes no changes to the Windsor framework.
This instrument amends six pieces of Northern Ireland legislation covering plant health seeds, seed potatoes and plant propagating material, and 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 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 instrument updates outdated references throughout the legislation, including references related to Northern Ireland, Great Britain and EU member states. Following the EU's exit 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.
It also strengthens the domestic enforcement framework by ensuring that Dera has clear powers to take proportionate action where plant health requirements are not met. While the requirements already apply to Northern Ireland, this 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. Now, 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.
This instrument helps that the legislative framework governing seed potatoes, alongside the other plant health controls remains effective and enforceable. Importantly, these amendments do not introduce new requirements for businesses. They ensure 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 this instrument because it introduces no new policy requirements.
However, Dera and Defra have engaged extensively with stakeholders on the wider plant health arrangements operating under the Windsor Framework Chair. In conclusion, let me emphasise that this is essential that these amendments in this 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. This 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. So, chair, this is a technical but important measure. It updates Northern Ireland statute book, strengthens biosecurity protections, supports effective enforcement and introduces new requirements for businesses. No. Sorry. And introduces no new requirements for businesses. I therefore commend the regulations to the House.
16:34
16:35
Speaker 1
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Speaker 1
Thank you, Sir Alec, and it's a pleasure to serve. Under your chairmanship, these regulations make necessary amendments to Northern Ireland's legislation governing plant health seeds. Seeds, potatoes and plant propagating material ensuring that operates in accordance with the Windsor framework. Maintaining strong plant health protections is essential to safeguarding Northern Irish growers, Northern Irish food security and the natural environment. An outbreak of a serious pest or disease could have devastating consequences for agricultural production and rural businesses across Northern Ireland.
Plant health legislation is included under article five, section four of the Windsor Framework. The amendments here today ensure that Defra has the necessary powers to enforce the plant health rules applying in Northern Ireland. They update prohibited lists of plants and pests. Cyto phytosanitary controls which govern the movement of plants and other objects, conditions and planting material and requirements for reporting and disposing of infected material. The instrument also removes provisions relating to movements between Great Britain to Northern Ireland that are no longer applicable.
Introduces a GB NI code for official labelling and makes several technical corrections. These are important protections and the official opposition will not be opposing the amendments laid today. It is right that Daera possesses the powers it needs to enforce the rules properly and to act where non-compliance is identified. However, we do have some concerns. The minister references that no public consultation was undertaken on these amendments, but whilst Daera and Defra engaged with key stakeholders, it is important to note that Northern Ireland, Irish growers, seed potato producers and other affected businesses must also have meaningful opportunity to make their views heard and therefore, I would like to understand from the minister if a level of engagement was had with those growers and those organisations in involved in this sector, and will the Minister identify which organisations, if any, Defra engaged with the government, have not produced a full impact assessment or established specific monitoring arrangements because the regulatory requirements are already applying in Northern Ireland.
Although the requirements may already apply, that does not necessarily mean that they impose no cost or administrative burden to businesses. So could the Minister outline assurances to us today that any unforeseen costs or practical difficulties will be identified and addressed, particularly if they could disrupt the movement of plant and seed potatoes between Great Britain and Northern Ireland. Sir Alec, the official opposition, will not oppose these regulations. Strong and enforceable plant health protections are essential , and these amendments will provide daera with the powers it needs to protect Northern Ireland from dangerous pests and disease.
However, regulations introduced under the Windsor framework must be accompanied by meaningful engagement, proper democratic scrutiny and close attention to their impact and practical consequences. We therefore, whilst not opposing these amendments, are seeking clarity from the Minister today around the assurances on consultation with stakeholders and the protection of trade within the United Kingdom.
Plant health legislation is included under article five, section four of the Windsor Framework. The amendments here today ensure that Defra has the necessary powers to enforce the plant health rules applying in Northern Ireland. They update prohibited lists of plants and pests. Cyto phytosanitary controls which govern the movement of plants and other objects, conditions and planting material and requirements for reporting and disposing of infected material. The instrument also removes provisions relating to movements between Great Britain to Northern Ireland that are no longer applicable.
Introduces a GB NI code for official labelling and makes several technical corrections. These are important protections and the official opposition will not be opposing the amendments laid today. It is right that Daera possesses the powers it needs to enforce the rules properly and to act where non-compliance is identified. However, we do have some concerns. The minister references that no public consultation was undertaken on these amendments, but whilst Daera and Defra engaged with key stakeholders, it is important to note that Northern Ireland, Irish growers, seed potato producers and other affected businesses must also have meaningful opportunity to make their views heard and therefore, I would like to understand from the minister if a level of engagement was had with those growers and those organisations in involved in this sector, and will the Minister identify which organisations, if any, Defra engaged with the government, have not produced a full impact assessment or established specific monitoring arrangements because the regulatory requirements are already applying in Northern Ireland.
Although the requirements may already apply, that does not necessarily mean that they impose no cost or administrative burden to businesses. So could the Minister outline assurances to us today that any unforeseen costs or practical difficulties will be identified and addressed, particularly if they could disrupt the movement of plant and seed potatoes between Great Britain and Northern Ireland. Sir Alec, the official opposition, will not oppose these regulations. Strong and enforceable plant health protections are essential , and these amendments will provide daera with the powers it needs to protect Northern Ireland from dangerous pests and disease.
However, regulations introduced under the Windsor framework must be accompanied by meaningful engagement, proper democratic scrutiny and close attention to their impact and practical consequences. We therefore, whilst not opposing these amendments, are seeking clarity from the Minister today around the assurances on consultation with stakeholders and the protection of trade within the United Kingdom.
16:38
16:38
Speaker 3
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Speaker 3
Thank you and pleasure to serve under your chairmanship. The Minister at the beginning outlined the reason why these regulations were necessary and gave the. I suppose what most people in this room would be an acceptable argument, that this was to protect the biodiversity in Northern Ireland and to ensure that disease plants were not accessing the Northern Ireland market. But of course, that's not the real reason. The real reason is contained in the regulations themselves.
The regulations make it quite clear that these regulations are necessary, because Northern Ireland has to be regarded as if it were a member state of the European Union. That's the reason why we're having these legislation that Northern Ireland is although we've had Brexit, although we've had the vote, although we've had the decision to leave the EU, Northern Ireland is still to be treated as if it were a member of the European Union.
And that's the real reason behind this. You wouldn't need these regulations, were it not that EU regulations had to apply to a certain part of the United Kingdom, because it was regarded as part of the EU, regardless of the democratic vote of the British people to leave the EU and the consequences. So this is not about protecting biodiversity. Most of the goods which will be affected by this legislation will be goods which originate in GB, and those goods for years were able to enter the Northern Ireland market without any any damage to the agriculture or nature of Northern Ireland.
And of course, the implication is that somehow or other, the majority of the trade, which is coming across from GB in terms of plants and seed potatoes, etc., must be in some way suspect. That's why you have to have these these separate regulations to protect us from goods, which for years and years we sourced from producers in GB. And now suddenly we need to protect the Northern Ireland economy from those goods. And of course, that's just nonsense.
The real reason is that EU laws now apply. In Northern Ireland we're regarded as a EU state and therefore those EU regulations have to be imposed and nothing about protection of biodiversity or anything like that. So what exactly will these regulations do? Well, the first thing and the minister actually has used the words himself. This is to fully implement. The Windsor framework is to fully implement EU laws in Northern Ireland.
And it's to fully implement laws which were never decided by this House, by the Northern Ireland Assembly, but by a foreign administration and laws which there was never, ever any say about. And what is the impact of it? Well, I mean, first of all, and let me just give one example. When it comes to the the import of seed materials, seed materials, we would have imported a lot of our seed potatoes from Scotland.
Now, there are regulations that if you bring in more than two kilograms of those seed potatoes, there's a whole pile of an additional administration. And indeed, if , if I, as a a keen gardener who used to send a photograph and a lot of other people to, to get, I can't get them any longer because business to individual seal of many plants is forbidden under these regulations. And if, for example, some of the big potato growers in my constituency want to bring potatoes in from outside, there's a whole range of information which has got to be provided.
If they import more than two kilograms of potatoes and the regulations . Regulation 14 states that. So what has been the effect of this. Well, the effect of it is I can think of a number of companies that used to sell to me as an individual consumer or to garden centres in my constituency, and they no longer sell. Why? Because they are now subject to all of these additional regulations.
And if they don't abide by those regulations and we have already seen this, those goods can be seized, they can be destroyed, there can be re-exported , and they they can be detained by the by daera in Northern Ireland. And that's not something which is just a maybe that is something which happens currently. Last year, 43 such consignments were seized by Dera and were either detained, re-exported or destroyed. And this begs the question if Dera already has the powers to do this, why then is this legislation required? Well, this legislation is required because this now gives Dera the the ability to do this with the imprimatur of the EU, not just with the imprimatur of this of our government, which signed up to the Windsor Framework Agreement.
But we now have the imprimatur of the EU for this. And I mean, I've got to say to those members, and I know these regulations, and they're full of jargon and everything else. I've tried to spell out the practical implications of this. And the practical implications are, as I've said, first of all, this is because Northern Ireland is now treated as part of the EU. I don't know how anyone who claims to be a British parliamentarian can accept that and accept that there is a reason for this piece of legislation, and secondly, it has disrupted trade significantly, especially.
In fact, there are some the there's some goods that they're not even subject to regulation or simply banned. There's some trees that would normally have been imported into Northern Ireland that are now banned from being brought in because the EU has regulations against them. And for these reasons, I would say. And then, of course, as the the opposition spokesperson has pointed out, it is not even deemed that you need to have consultation, you need to get consent.
I wonder, for example, how much of the the information which was gathered in support of these or even about these regulations, was gathered from many of the. The garden centres and the garden centre owners in Northern Ireland who are severely impacted by this. Whether it's not able to get supplies or supplies being made more expensive or more likely, having to go to the Irish Republic now to get their supplies where they're buying them more extensively and probably inferior goods.
That's the irony, of course, many of the goods which I can think of my own constituency were. In fact, we forest at my own house, which is now affected by it. We've got Irish disease, ash dieback, and many of the. The trees are now dying and and have been cut down. And. These are not diseased trees that came from GB, which were. The regulations would.
And the requirements would be made to inspect the trees. These came from other parts of the EU without the necessary inspections. And this is the irony. And the Minister told me. Biodiversity and protection, protecting biodiversity. This does not do that. All it does is ensure that a bad agreement, which should never have been signed and which has split up the EU, the UK constitutionally and the internal market of the.
The UK is now going to be fully implemented . And I would say to members, regardless of what their political persuasions may be and everything else, that is not right and should not be supported. Bit of an irony that we're discussing in the in the House of Commons at the moment, the representation of the People's Act, which is meant to be all about democracy in the United Kingdom. And we're not we are not exercising.
If we pass this legislation, we're not exercising democracy in Northern Ireland. And it's not just some kind of semantic argument about what is democracy. It has real, practical implications for people who live in my constituency.
The regulations make it quite clear that these regulations are necessary, because Northern Ireland has to be regarded as if it were a member state of the European Union. That's the reason why we're having these legislation that Northern Ireland is although we've had Brexit, although we've had the vote, although we've had the decision to leave the EU, Northern Ireland is still to be treated as if it were a member of the European Union.
And that's the real reason behind this. You wouldn't need these regulations, were it not that EU regulations had to apply to a certain part of the United Kingdom, because it was regarded as part of the EU, regardless of the democratic vote of the British people to leave the EU and the consequences. So this is not about protecting biodiversity. Most of the goods which will be affected by this legislation will be goods which originate in GB, and those goods for years were able to enter the Northern Ireland market without any any damage to the agriculture or nature of Northern Ireland.
And of course, the implication is that somehow or other, the majority of the trade, which is coming across from GB in terms of plants and seed potatoes, etc., must be in some way suspect. That's why you have to have these these separate regulations to protect us from goods, which for years and years we sourced from producers in GB. And now suddenly we need to protect the Northern Ireland economy from those goods. And of course, that's just nonsense.
The real reason is that EU laws now apply. In Northern Ireland we're regarded as a EU state and therefore those EU regulations have to be imposed and nothing about protection of biodiversity or anything like that. So what exactly will these regulations do? Well, the first thing and the minister actually has used the words himself. This is to fully implement. The Windsor framework is to fully implement EU laws in Northern Ireland.
And it's to fully implement laws which were never decided by this House, by the Northern Ireland Assembly, but by a foreign administration and laws which there was never, ever any say about. And what is the impact of it? Well, I mean, first of all, and let me just give one example. When it comes to the the import of seed materials, seed materials, we would have imported a lot of our seed potatoes from Scotland.
Now, there are regulations that if you bring in more than two kilograms of those seed potatoes, there's a whole pile of an additional administration. And indeed, if , if I, as a a keen gardener who used to send a photograph and a lot of other people to, to get, I can't get them any longer because business to individual seal of many plants is forbidden under these regulations. And if, for example, some of the big potato growers in my constituency want to bring potatoes in from outside, there's a whole range of information which has got to be provided.
If they import more than two kilograms of potatoes and the regulations . Regulation 14 states that. So what has been the effect of this. Well, the effect of it is I can think of a number of companies that used to sell to me as an individual consumer or to garden centres in my constituency, and they no longer sell. Why? Because they are now subject to all of these additional regulations.
And if they don't abide by those regulations and we have already seen this, those goods can be seized, they can be destroyed, there can be re-exported , and they they can be detained by the by daera in Northern Ireland. And that's not something which is just a maybe that is something which happens currently. Last year, 43 such consignments were seized by Dera and were either detained, re-exported or destroyed. And this begs the question if Dera already has the powers to do this, why then is this legislation required? Well, this legislation is required because this now gives Dera the the ability to do this with the imprimatur of the EU, not just with the imprimatur of this of our government, which signed up to the Windsor Framework Agreement.
But we now have the imprimatur of the EU for this. And I mean, I've got to say to those members, and I know these regulations, and they're full of jargon and everything else. I've tried to spell out the practical implications of this. And the practical implications are, as I've said, first of all, this is because Northern Ireland is now treated as part of the EU. I don't know how anyone who claims to be a British parliamentarian can accept that and accept that there is a reason for this piece of legislation, and secondly, it has disrupted trade significantly, especially.
In fact, there are some the there's some goods that they're not even subject to regulation or simply banned. There's some trees that would normally have been imported into Northern Ireland that are now banned from being brought in because the EU has regulations against them. And for these reasons, I would say. And then, of course, as the the opposition spokesperson has pointed out, it is not even deemed that you need to have consultation, you need to get consent.
I wonder, for example, how much of the the information which was gathered in support of these or even about these regulations, was gathered from many of the. The garden centres and the garden centre owners in Northern Ireland who are severely impacted by this. Whether it's not able to get supplies or supplies being made more expensive or more likely, having to go to the Irish Republic now to get their supplies where they're buying them more extensively and probably inferior goods.
That's the irony, of course, many of the goods which I can think of my own constituency were. In fact, we forest at my own house, which is now affected by it. We've got Irish disease, ash dieback, and many of the. The trees are now dying and and have been cut down. And. These are not diseased trees that came from GB, which were. The regulations would.
And the requirements would be made to inspect the trees. These came from other parts of the EU without the necessary inspections. And this is the irony. And the Minister told me. Biodiversity and protection, protecting biodiversity. This does not do that. All it does is ensure that a bad agreement, which should never have been signed and which has split up the EU, the UK constitutionally and the internal market of the.
The UK is now going to be fully implemented . And I would say to members, regardless of what their political persuasions may be and everything else, that is not right and should not be supported. Bit of an irony that we're discussing in the in the House of Commons at the moment, the representation of the People's Act, which is meant to be all about democracy in the United Kingdom. And we're not we are not exercising.
If we pass this legislation, we're not exercising democracy in Northern Ireland. And it's not just some kind of semantic argument about what is democracy. It has real, practical implications for people who live in my constituency.
16:48
16:48
Speaker 4
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Speaker 4
Thank you, Sir Alec and I can do that precisely by taking the committee to the words of this regulation. Here we are, a committee of the Parliament of the United Kingdom, supposedly of Great Britain and Northern Ireland. And yet today, what this committee has been invited to do is to write into six separate regulations affecting these issues in Northern Ireland, a declaration to the effect that Northern Ireland isn't really part of the United Kingdom.
And in fact, there's someone else's territory. Anyone's interested. I invite you to look at page 17 of these regulations, and you'll find this numerous places, but I pick up page 17, which is an amendment under part seven to the Plant Health Official Controls Miscellaneous Provisions Regulations, Northern Ireland 2020. Take a look at the top of what it says at page 17. In these regulations, these are the regulations of a part of the United Kingdom.
In these regulations, any reference to a member state is to be read as if Northern Ireland were a member state of the European Union. Any reference to the Union? That's the Union, EU Union or Union territory is to be read so as to include Northern Ireland. So what we are putting into legislation applying to Northern Ireland and the standards which apply to this. A range of materials and goods, is a formal legal declaration that my part of the United Kingdom isn't, in truth, really a part of the United Kingdom.
According to this, I'm to be read as being part of the EU territory. Now, I say to every member of this committee, if this regulation was saying that of your constituency, what would you be saying? I say that in particular to Conservative and Unionist in this committee. This was saying that you're part of the United Kingdom is to be treated as if it is not part of the United Kingdom, but is to be treated as a foreign as a territory of a foreign jurisdiction, namely the EU.
Would you be coming to this committee and nodding through and saying, oh, it's only technical, might be technical, technical to the minister, it might be technical to the official opposition. But I can tell you it's a lot more than technical to the people of Northern Ireland that we represent in this House. It is a fundamental constitutional sleight on our supposed membership of the United Kingdom. And it is through that sleight and through this regulation that we then have imposed those.
We don't make laws. We can't change laws that someone else makes. And what this regulation does into these six statutory instruments, it puts not standards made, created, thought about by this House proposes standards made, created, thought about by foreign parliamentarians, none of whom we allowed. That is the mischief and the insult of this regulation that we're imposing on those who deal with seed potatoes or any of these animal, any of these plant health issues, someone else's regulations.
What sort of parliamentarians are we if we think it's okay to let someone that no one from this United Kingdom, Alex, decide what the standard should be within this United Kingdom? That's precisely what these regulations are doing today. And that is far more than technical Minister. That is fundamental. And it even goes further. It was under part seven. We now are imposing sanctions.
If someone breaches foreign made regulations, what sort of United Kingdom is it if this House is going to pass regulations that say you can be fined, you can be dealt with by other sanctions, not because you break the regulations of your own government or the regulations of your own parliament. But because you break the regulation of someone else's parliament, that's the absurdity that the Windsor framework has brought to Northern Ireland, and the rest until this House wakens up to that absurdity and asserts itself as a sovereign parliament, supposedly of this United Kingdom, then we're going to continue to be subject to this insult.
And I say to every member of the committee, particularly those who profess a belief in the Union of the United Kingdom, might be a small measure to some, but no more much more than a technical issue. And you can at least take a small stand in this committee against it today.
And in fact, there's someone else's territory. Anyone's interested. I invite you to look at page 17 of these regulations, and you'll find this numerous places, but I pick up page 17, which is an amendment under part seven to the Plant Health Official Controls Miscellaneous Provisions Regulations, Northern Ireland 2020. Take a look at the top of what it says at page 17. In these regulations, these are the regulations of a part of the United Kingdom.
In these regulations, any reference to a member state is to be read as if Northern Ireland were a member state of the European Union. Any reference to the Union? That's the Union, EU Union or Union territory is to be read so as to include Northern Ireland. So what we are putting into legislation applying to Northern Ireland and the standards which apply to this. A range of materials and goods, is a formal legal declaration that my part of the United Kingdom isn't, in truth, really a part of the United Kingdom.
According to this, I'm to be read as being part of the EU territory. Now, I say to every member of this committee, if this regulation was saying that of your constituency, what would you be saying? I say that in particular to Conservative and Unionist in this committee. This was saying that you're part of the United Kingdom is to be treated as if it is not part of the United Kingdom, but is to be treated as a foreign as a territory of a foreign jurisdiction, namely the EU.
Would you be coming to this committee and nodding through and saying, oh, it's only technical, might be technical, technical to the minister, it might be technical to the official opposition. But I can tell you it's a lot more than technical to the people of Northern Ireland that we represent in this House. It is a fundamental constitutional sleight on our supposed membership of the United Kingdom. And it is through that sleight and through this regulation that we then have imposed those.
We don't make laws. We can't change laws that someone else makes. And what this regulation does into these six statutory instruments, it puts not standards made, created, thought about by this House proposes standards made, created, thought about by foreign parliamentarians, none of whom we allowed. That is the mischief and the insult of this regulation that we're imposing on those who deal with seed potatoes or any of these animal, any of these plant health issues, someone else's regulations.
What sort of parliamentarians are we if we think it's okay to let someone that no one from this United Kingdom, Alex, decide what the standard should be within this United Kingdom? That's precisely what these regulations are doing today. And that is far more than technical Minister. That is fundamental. And it even goes further. It was under part seven. We now are imposing sanctions.
If someone breaches foreign made regulations, what sort of United Kingdom is it if this House is going to pass regulations that say you can be fined, you can be dealt with by other sanctions, not because you break the regulations of your own government or the regulations of your own parliament. But because you break the regulation of someone else's parliament, that's the absurdity that the Windsor framework has brought to Northern Ireland, and the rest until this House wakens up to that absurdity and asserts itself as a sovereign parliament, supposedly of this United Kingdom, then we're going to continue to be subject to this insult.
And I say to every member of the committee, particularly those who profess a belief in the Union of the United Kingdom, might be a small measure to some, but no more much more than a technical issue. And you can at least take a small stand in this committee against it today.
16:54
Speaker 5
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Speaker 5
Thank you, sir. Pleasure to serve under your chairmanship. And I would concur with the two colleagues to my right. This is and has been, as we've heard, been presented as a technical instrument. But there is nothing insignificant about creating new criminal liability under laws imposed on Northern Ireland by the European Union. The regulations amend six separate areas of Northern Ireland law covering vegetable plants, ornamental plants, forestry materials, seed potatoes, fruit plants and official plant health controls.
And the constitutional language, as you've heard, is extraordinary. The instrument does state that Northern Ireland is to be read as if it were a member state of the European Union. It replaces references to UK standards with EU or Union standards in relation to forestry reproductive material. Great Britain is classified as an EU approved third country. This is certainly not tidying up legislation. It is writing Northern Ireland out of its own country and into the regulatory territory of the European Union.
Most seriously, regulation seven inserts a new list of EU instruments into Northern Ireland law and makes known compliance with them an offence. The instrument expressly states that references to those EU laws include those laws, as amended from time to time. In other words, future changes made in Brussels can alter the rules with which Northern Ireland businesses must comply. Without any vote in this House or the Northern Ireland Assembly.
Those rules cover matters including plant passports, the movement of seed potatoes, the destruction of infected plants and even the cleaning or destruction of machinery, vehicles, stores and packaging. Yet there was no public consultation. Not one Northern Ireland farmer, grower, nursery seed producer or forestry business was formally asked for their view. That is outrageous when it impacts them the most. Nor has a full impact assessment been produced because the government claims there will be no significant financial impact.
That is simply not good enough. When Parliament is being asked to approve new offences. Deer already has powers to detain, reject, re-export or destroy consignment. Those powers were used 43 times in 2025 and therefore has confirmed that the enforcement gap caused no negative effect on compliance or biosecurity. The minister must therefore explain what failure requires these new offences, who could be prosecuted and why Northern Ireland businesses were detained were denied a consultation.
This instrument exposes the reality of the Windsor framework. EU law, a new standards and a new enforcement imposed on one part of the United Kingdom without any democratic consent. Simply, I would ask people to really think , search their hearts if this is happening to their constituency and their constituents, constituents and the businesses in their part of this great United Kingdom. You would not like it and you would vote against it. So I am asking that members simply do the right thing with regards to Northern Ireland and our place in this United Kingdom.
Thank you.
And the constitutional language, as you've heard, is extraordinary. The instrument does state that Northern Ireland is to be read as if it were a member state of the European Union. It replaces references to UK standards with EU or Union standards in relation to forestry reproductive material. Great Britain is classified as an EU approved third country. This is certainly not tidying up legislation. It is writing Northern Ireland out of its own country and into the regulatory territory of the European Union.
Most seriously, regulation seven inserts a new list of EU instruments into Northern Ireland law and makes known compliance with them an offence. The instrument expressly states that references to those EU laws include those laws, as amended from time to time. In other words, future changes made in Brussels can alter the rules with which Northern Ireland businesses must comply. Without any vote in this House or the Northern Ireland Assembly.
Those rules cover matters including plant passports, the movement of seed potatoes, the destruction of infected plants and even the cleaning or destruction of machinery, vehicles, stores and packaging. Yet there was no public consultation. Not one Northern Ireland farmer, grower, nursery seed producer or forestry business was formally asked for their view. That is outrageous when it impacts them the most. Nor has a full impact assessment been produced because the government claims there will be no significant financial impact.
That is simply not good enough. When Parliament is being asked to approve new offences. Deer already has powers to detain, reject, re-export or destroy consignment. Those powers were used 43 times in 2025 and therefore has confirmed that the enforcement gap caused no negative effect on compliance or biosecurity. The minister must therefore explain what failure requires these new offences, who could be prosecuted and why Northern Ireland businesses were detained were denied a consultation.
This instrument exposes the reality of the Windsor framework. EU law, a new standards and a new enforcement imposed on one part of the United Kingdom without any democratic consent. Simply, I would ask people to really think , search their hearts if this is happening to their constituency and their constituents, constituents and the businesses in their part of this great United Kingdom. You would not like it and you would vote against it. So I am asking that members simply do the right thing with regards to Northern Ireland and our place in this United Kingdom.
Thank you.
16:58
Speaker 6
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Speaker 6
Thank you, Sir Alec. And I want to start by thanking the Shadow Minister for his contribution and constructive engagement on these matters. And to all members who have shared their insights and views. This afternoon, the Shadow Minister noted in his remarks that there has been no public consultation on this instrument because there is no legal duty to do so. However, Daera, working closely with Defra, has engaged 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, I can assure him that there is ongoing engagement with relevant stakeholders and strong relationships are in place.
On the issues that he raises with regards to the impact on trade, I want to assure all members that the instrument itself introduces no new requirements for traders and will not have any impact on trade. A number of members. I will make some progress shortly, but a number of members have made some broader points. Sir Alec, with regards to constitutional matters, and I appreciate the strength of feeling on the wider constitutional issues.
But I want to assure all members that this instrument respects Northern Ireland's position as an integral 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 commitments, introducing and applying domestic legislation to Northern Ireland that upholds the UK government's commitment to implementing the Windsor framework and the Windsor Framework is the legal framework currently in force, and this instrument operates within that framework, so it is clear improvement on the Northern Ireland Protocol and the best workable solution to Northern Ireland's unique circumstances in the long term.
Turning back to the specifics, the statutory instrument at hand today, this instrument serves only to update Northern Ireland's plant health legislation, ensuring that it is clear, operable and accurate. This is not only gives dearer clarity in the vital roles it delivers in protecting Northern Ireland's biosecurity, but also clarity and stability to Northern Ireland's stakeholders, ensuring that all parties play their part in doing what is necessary to maintain plant health in Northern Ireland . By ensuring the requirements are clear and correct in this instrument, it will ensure that there are no legislative gaps.
Room for confusion in dealing with complex plant health environment and thus contributes to safeguarding Northern Ireland's trade and economic success in the agri food, horticultural and forestry and woodland sectors. This 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 is observed for years to come. Chair, I beg to move.
On the issues that he raises with regards to the impact on trade, I want to assure all members that the instrument itself introduces no new requirements for traders and will not have any impact on trade. A number of members. I will make some progress shortly, but a number of members have made some broader points. Sir Alec, with regards to constitutional matters, and I appreciate the strength of feeling on the wider constitutional issues.
But I want to assure all members that this instrument respects Northern Ireland's position as an integral 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 commitments, introducing and applying domestic legislation to Northern Ireland that upholds the UK government's commitment to implementing the Windsor framework and the Windsor Framework is the legal framework currently in force, and this instrument operates within that framework, so it is clear improvement on the Northern Ireland Protocol and the best workable solution to Northern Ireland's unique circumstances in the long term.
Turning back to the specifics, the statutory instrument at hand today, this instrument serves only to update Northern Ireland's plant health legislation, ensuring that it is clear, operable and accurate. This is not only gives dearer clarity in the vital roles it delivers in protecting Northern Ireland's biosecurity, but also clarity and stability to Northern Ireland's stakeholders, ensuring that all parties play their part in doing what is necessary to maintain plant health in Northern Ireland . By ensuring the requirements are clear and correct in this instrument, it will ensure that there are no legislative gaps.
Room for confusion in dealing with complex plant health environment and thus contributes to safeguarding Northern Ireland's trade and economic success in the agri food, horticultural and forestry and woodland sectors. This 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 is observed for years to come. Chair, I beg to move.